BIZCHINA / Foreign Trade
Foreign Trade Law of The People's Republic of China
Updated: 2006-04-17 11:46
(Adopted at the Seventh Session of the Standing Committee of the Eighth
National People's Congress on May 12, 1994, and revised at the Eighth
Session of the Standing Committee of the Tenth National People's Congress
on April 6, 2004.)
Chapter 1 General Provisions
Article 1 This Law is formulated with a view to expanding the opening to
the outside world, developing foreign trade, maintaining foreign trade
order, protecting the legitimate rights and interests of foreign trade
dealers and promoting the sound development of the socialist market
economy.
Article 2 This Law applies to foreign trade and the protection of
trade-related aspects of intellectual property rights. For the purposes
of this Law, 'foreign trade' refers to import and export of goods and
technologies and the international trade in services.
Article 3 The authority responsible for foreign trade under the State
Council is in charge of the administration of the foreign trade of the
entire country pursuant to this Law.
Article 4 The State shall pursue a uniform foreign trade regime,
encourage the development of foreign trade and maintain fair and free
foreign trade order.
Article 5 The people's Republic of China shall, on the principle of
equality and mutual benefit, promote and develop trade relations with
other countries and regions, enter into or participate in such regional
economic trade agreements as customs union agreement, free trade
agreement and participate in regional economic organizations.
Article 6 The People's Republic of China shall, in accordance with the
international treaties and agreements to which it is a contracting party
or a participating party grant the other contracting parties or
participating parties, or on the principle of reciprocity grant the other
party most-favored-nation treatment or national treatment in the field of
foreign trade.
Article 7 In the event that any country or region applies prohibitive,
restrictive or other like measures on a discriminatory basis against the
People's Republic of China in respect of trade, the People's Republic of
China may, as the case may be, take counter-measures against the country
or region in question.
Chapter 2 Foreign Trade Dealers
Article 8 For the purposes of this Law, 'foreign trade dealers' refers
to legal persons, other organizations or individuals that have fulfilled
the industrial and commercial registration or other practicing procedures
in accordance with laws and engage in foreign trade dealings in
compliance with this Law and other relevant laws and administrative
regulations.
Article 9 Foreign trade dealers engaged in import and export of goods or
technologies shall register with the authority responsible for foreign
trade under the State Council or its authorized bodies unless laws,
regulations and the authority responsible for foreign trade under the
State Council do not so require. The specific measures for registration
shall be laid down by the authority responsible for foreign trade under
the State Council. Where foreign trade dealers fail to register as
required, the Customs authority shall not process the procedures of
declaration, examination and release for the imported and exported goods.
Article 10 The international trade in services shall be carried out in
compliance with the provisions of this Law and other relevant laws and
administrative regulations. The units engaged in foreign contract of
construction project or foreign labor cooperation shall be equipped with
corresponding eligibility or qualification. The specific measures
therefore shall be laid down by the State Council.
Article 11 The State may implement state trading on certain goods. The
import and export of the goods subject to state trading shall be operated
only by the authorized enterprises unless the state allows the import and
export of certain quantities of the goods subject to state trading to be
operated by the enterprises without authorization. The lists of the goods
subject to state trading and the authorized enterprises shall be
determined, adjusted and made public by the authority responsible for
foreign trade under the State Council in conjunction with other relevant
authorities under the State Council. In the event of importation of the
goods subject to state trading without authorization in violation of
paragraph 1 of this Article, the Customs shall not grant release.
Article 12 Foreign trade dealers may accept the authorization of others
and conduct foreign trade as an agent within its scope of business.
Article 13 Foreign trade dealers shall, in accordance with the
regulations laid down by the authority responsible for foreign trade
under the State Council or other relevant authorities under the State
Council in accordance with law, submit the documents and materials
relevant to their foreign trade dealings to relevant authorities. The
authorities concerned shall keep business secrets confidential for the
providers thereof.
Chapter 3 Import and Export of Goods and Technologies
Article 14 The State permit free import and export of goods and
technologies unless the laws or administrative regulations provide
otherwise.
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