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CIRCULAR OF THE MINISTRY OF COMMERCE CONCERNING PRINTING AND DISTRIBUTING THE “SUPPLEMENTARY CIRCULAR ON RELATED ISSUES CONCERNING EXAMINING PROJECTS OF LABOR SERVICE COOPERATION WITH FOREIGN PARTIES”

Circular of the Ministry of Commerce concerning Printing and Distributing the “Supplementary Circular on Related Issues concerning
Examining Projects of Labor Service Cooperation with Foreign Parties”

Shang He Fa [2003] No. 44
April 9, 2003

The commissions (departments, bureaus) of foreign trade and economic cooperation of all provinces, autonomous regions and municipalities
directly under the Central Government and cities specifically designated in the state plan, all related enterprises under the management
of the Central Government:

For the purpose of further regulating and simplifying the procedures for labor workers to go abroad, and strengthening the administration
of labor service cooperation with foreign parties, the Ministry of Public Security has printed and distributed the “Supplementary
Circular on Related Issues concerning Carrying out the Measures for Going through the Formalities for Labor Workers to Go Abroad”
(Gong Jing Chu [2003] No. 352), forwarded by the Ministry of Commerce on April 4, 2003, hereinafter referred to as “Supplementary
Circular of the Ministry of Public Security”).For the purpose of doing a good job in cooperation, and perfecting the measures for
examining projects of labor service cooperation with foreign parties, the Ministry of Commerce hereby print and distribute the “Supplementary
Circular on Related Issues concerning Examining Projects of Labor Service Cooperation with Foreign Parties” (see appendix). The Supplementary
Circular shall be conformed to and carried out, and be forwarded to related departments.

Whereas the Supplementary Circular of the Ministry of Public Security goes into effect on May 1, 2003, for the purpose of doing a
good job in the cooperation, you must report the specimen of exit certificate numbers, the molds of seals, as well as the scripts
of signatures, telephone and fax numbers of the issuers of exit certificates (2 persons, who shall be department leaders) to the
present Ministry (Department of Cooperation) by April 15.

Appendix:
Supplementary Circular on Related Issues concerning Examining Projects of Labor Service Cooperation with Foreign Parties

We hereby distribute the present Supplementary Circular as follows for the purpose of perfecting the measures for examining projects
of labor service cooperation with foreign parties, clarifying the methods and procedures concerning issuing exit certificates to
labor workers, and further doing a good job in going through the formalities for labor workers to go abroad:

1.

Examination of Projects of Labor Service Cooperation with Foreign Parties

When handing in labor service project examination materials to the local administrative department of foreign trade and economic cooperation
of the province, autonomous region, municipality directly under the Central Government, or municipality under separate state planning
(hereinafter referred to as the administrative department of foreign trade and economic cooperation at the provincial level, see
Appendix for the name list), an enterprise with the operational qualification for labor service cooperation with foreign parties
(hereinafter referred to as operation company) shall hand in the opinions of the commerce institution of the Chinese embassy (consulate)
stationed abroad besides the materials prescribed in the “Circular concerning Printing and Distributing the Provisions on Related
Issues concerning Examining Projects of Labor Service Cooperation with Foreign Parties” (Wai Jing Mao He Fa [2002] No. 137). Any
administrative department of foreign trade and economic cooperation at the provincial level shall not separately solicit opinions
from the commerce institution of the Chinese embassy (consulate) stationed abroad except for special situations.

For an enterprise authorized by the Ministry of Foreign Affairs (Department of Consular Affairs) to handle visa shall solicit opinions
from the commerce institution of the Chinese embassy (consulate) stationed in the country (region) where the project is located before
making an examination on a labor service project by itself,.

2.

Exit Certificates of Labor Workers

(1)

For any labor worker who must hold a “Labor Worker’s Exit Certificate” for exit assigned by an operation company, the said certificate
shall be issued by the administrative department of foreign trade and economic cooperation at the provincial level at the operation
company’s locality. Before issuing the labor worker’s exit certificate, the administrative department of foreign trade and economic
cooperation at the provincial level shall check the project information reported by the operation company, and control the issuance
in a strict manner. If an exit certificate needs to be issued to a labor worker assigned by an enterprise authorized by the Ministry
of Foreign Affairs (Department of Consular Affairs) to handle the visa by itself, it shall be issued after the administrative department
of foreign trade and economic cooperation at the provincial level at the locality of its registration has examined the project.

(2)

The exit certificates shall be printed and made by each administrative department of foreign trade and economic cooperation at the
provincial level, be filled out by a designated handler with a pen of blue or black ink, as well as be numbered in a uniform sequence
(e.g., Jing Wai Jing Mao Chu Jing Zi [2003] No. ___). An exit certificate shall be in duplicate, with one to be handed over to the
operation company for going through exit formalities for the labor worker, and the other to be kept for the administrative department
of foreign trade and economic cooperation at the provincial level in archives.

(3)

The administrative department of foreign trade and economic cooperation at the provincial level shall issue a statistical form of
exit certificate (see Appendix 2) every half a year, report the form to the Ministry of Commerce (Department of Cooperation) and
make a copy to the Entry and Exit Administration of the Ministry of Public Security and China International Contractors Association
by June 15 of each year and by January 15 of the next year, as well as report the overall information on issuing exit certificates
of the last half of the year to the Ministry of Commerce (Department of Cooperation) by January 15 of each year.

3.

The present Supplementary Circular shall prevail if any content in the “Circular on Printing and Distributing the Provisions on Related
Issues concerning Examining Projects of Labor Service Cooperation with Foreign Parties” fails to be consistent with the present Supplementary
Circular.

4.

The present Supplementary Circular shall go into effect as of May 1, 2003.

Appendix 1
Name List of the Administrative Department of Foreign Trade and Economic Cooperation at the Provincial Level which have the Power
to Issue Exit Certificates to Labor Workers

Commission of Foreign Trade and Economic Cooperation of Beijing Municipality

Commission of Foreign Trade and Economic Cooperation of Tianjin Municipality

Department of Foreign Trade and Economic Cooperation of Hebei Province

Department of Foreign Trade and Economic Cooperation of Shanxi Province

Department of Foreign Trade and Economic Cooperation of Inner Mongolia Autonomous Region

Department of Foreign Trade and Economic Cooperation of Liaoning Province

Bureau of Foreign Trade and Economic Cooperation of Dalian Municipality

Department of Foreign Trade and Economic Cooperation of Jilin Province

Department of Foreign Trade and Economic Cooperation of Heilongjiang Province

Commission of Foreign Trade and Economic Cooperation of Shanghai Municipality

Department of Foreign Trade and Economic Cooperation of Jiangsu Province

Department of Foreign Trade and Economic Cooperation of Zhejiang Province

Bureau of Foreign Trade and Economic Cooperation of Ningbo Municipality

Department of Foreign Trade and Economic Cooperation of Anhui Province

Department of Foreign Trade and Economic Cooperation of Fujian Province

Bureau of Trade Development of Xiamen Municipality

Department of Foreign Trade and Economic Cooperation of Jiangxi Province

Department of Foreign Trade and Economic Cooperation of Shandong Province

Bureau of Foreign Trade and Economic Cooperation of Qingdao Municipality

Department of Foreign Trade and Economic Cooperation of Henan Province

Department of Foreign Trade and Economic Cooperation of Hubei Province

Department of Foreign Trade and Economic Cooperation of Hunan Province

Department of Foreign Trade and Economic Cooperation of Guangdong Province

Bureau of Foreign Trade and Economic Cooperation of Shenzhen Municipality

Department of Foreign Trade and Economic Cooperation of Guangxi Zhuang Autonomous Region

Department of Foreign Trade and Economic Cooperation of Hainan Province

Commission of Foreign Trade and Economic Cooperation of Chongqing Municipality

Department of Foreign Trade and Economic Cooperation of Sichuan Province

Department of Trade Cooperation of Guizhou Province

Department of Foreign Trade and Economic Cooperation of Yunnan Province

Department of Foreign Trade and Economic Cooperation of Tibet Autonomous Region

Department of Foreign Trade and Economic Cooperation of Shaanxi Province

Department of Trade and Economic Cooperation of Gansu Province

Department of Foreign Trade and Economic Cooperation of Qinghai Province

Department of Foreign Trade and Economic Cooperation of Ningxia Hui Autonomous Region

Department of Foreign Trade and Economic Cooperation of Xinjiang Uigur Autonomous Region

Bureau of Foreign Trade and Economic Cooperation of Xinjiang Production and Construction Corps



 
The Ministry of Commerce
2003-04-09

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE FOR PRINTING AND DISTRIBUTING THE INTERIM MEASURES FOR DISPOSING THE BEHAVIORS OF FAILING TO GO THROUGH THE VERIFICATION PROCEDURES FOR IMPORT PAYMENTS AND EXPORT PROCEEDS WITHIN TIME LIMIT

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange for Printing and Distributing the Interim Measures for Disposing the Behaviors
of Failing to Go through the Verification Procedures for Import Payments and Export Proceeds within Time Limit

HuiFa [2003] No.40

March 13, 2003

Branches and Foreign Exchange Administration Offices under the State Administration of Foreign Exchange at levels of provinces, autonomous
regions and municipalities directly under the Central Government, and branch administrations of Shenzhen, Dalian, Qingdao, Xiamen,
Ningbo:

For the purpose of further improving and perfecting the administration of the verification of import payments and export proceeds
within the administrations of foreign exchange, clearing up the unverified transactions in time, standardizing the transfer procedures
for overdue transactions unverified, disposing the behaviors of failing to go through the verification procedures according to relevant
provisions, and urging importers and exporters to carefully implement the verification procedures to improve the rates of verifications
of import payments and export proceeds in foreign exchanges, the State Administration of Foreign Exchange, in accordance with the
Regulations of the People’s Republic of China on Administration of Foreign Exchange, the Operating Procedures of the State Administration
of Foreign Exchange on Operating Procedures for Transferring Cases as well as relative provisions, has formulated the Interim Measures
for Disposing the Behaviors of Failing to Go through the Verification Procedures for Import Payments and Export Proceeds within Time
Limit, and print and distribute it hereby to you for implementation.

Attachments:

1. Interim Measures for Disposing the Behavior of Failing to Go through Verification Procedures for Import Payments and Export Proceeds
in Foreign Exchanges within Time Limits

2. Registration Form of Transfer of Overdue Unverified Export Proceeds & Import Payments in Foreign Exchanges (omitted)

3. Notice of Verification (omitted)

Attachment 1:Interim Measures for Disposing the Behavior of Failing to Go through Verification Procedures for Import Payments and Export Proceeds
in Foreign Exchanges within Time Limits

Article 1

These Measures are formulated for the purpose of standardizing the operations within the administrations of foreign exchange, including
clear-up, transfer, audit and disposal of the behaviors of failing to go through verification procedures for import payments and
export proceeds in foreign exchange, and urging importers/exporters to carefully implement the verification procedures to improve
the rates of verifications of import payments and export proceeds in foreign exchange, according to the Regulations of The People’s
Republic of China on Administration of Foreign Exchange (hereinafter referred to as the “Regulations”) and the Operating Procedures
of the State Administration of Foreign Exchange on Operating Procedures for Transferring Cases as well as relative provisions.

Article 2

The “Overdue unverified import payments and export proceeds in foreign exchange within time limits” mentioned in these Measure include
“Unverified import payments in foreign exchange within time limit” and “Overdue unverified export proceeds in foreign exchange within
time”. The “Overdue unverified import payments in foreign exchange within time limit” mean that the importers fail to go through
verification procedures for the import payments within one month after the customs declarations; and the “Overdue unverified export
proceeds in foreign exchange within time limit” mean that the exporters fail to go through verification procedures for the export
proceeds in foreign exchange within one month after the customs declarations.

Article 3

For any overdue unverified import payment or export proceeds in foreign exchange, the verification department under the administration
of foreign exchange (hereinafter referred to as the “VD”) shall, in a timely manner, collect the related information and urge the
importer or exporter to go through the verification procedures. The VD shall promptly transfer the cases of failing to go through
the procedures even after being urged to the audit department (hereinafter referred as the AD) for disposal.

Article 4

The VDs shall regularly clear up unverified import payments and export proceeds in foreign exchange, at a frequency of at least once
a month. For the importers or exporters with multiple unverified transactions or and biggish unverified amounts, the VDs shall organize
to clear-up in a timely manner. After clearing up, the VDs shall record and summarize such clear-ups.

Article 5

The VD shall issue a Notice of Verification (see Attachment 2) to the importer/exporter that has behavior(s) of failing to go through
the verification procedures, in a delivering way suitable to local situation. However, Records of receipts signed by the importers/exporters
as well as the records on the urges shall be made. The time limits and the times of urges shall be determined according to local
specific circumstance, and the urging work shall be finished within 90 days after the day of issuing the Notice of Verification.

Article 6

After the end of the urging work, the VDs shall immediately transfer the information on the unverified import transactions of any
case of the following to the VDs for disposal:

(1)

Failing to go through the verification procedures after being urged to do so;

(2)

Failing to explain the reasons for failing to go through the verification procedures within 90 days after the day of receiving the
Notice of Verification, or its reasons have not been approved by the VDs;

(3)

The importer could not be contacted with for the fault of importer; or

(4)

Refusing to receive the Notice of Verification.

Article 7

For the following cases, the VDs shall defer to transfer the cases of failing to go through the verification procedures within the
time limit. Such cases shall be transferred only after the problems are settled down:

(1)

The importer has gone through the procedures by presenting the paper-based customs declaration form sealed with the “Checked and Verified”
by the Customs, but there is no electronic record in the Import/Export Customs Declaration Checking System;

(2)

The importer has applied for deferring the verification due to missing of customs declaration form for import goods, by presenting
the import contract, import invoice and tax payment documentation issued by customs, and such application has been approved by the
VD; or

(3)

The importer is unable to declare for verification for special reasons and the VD has approved such deferring.

Article 8

After the urging work is completed, the VDs shall, in a timely manner, transfer the cases of export proceeds within the time limit
to the ADs, except for the following:

(1)

The cases meeting with the requirements for margin verifications and being disposed;

(2)

The cases meeting with the requirements for verification for future reference and being disposed;

(3)

The cases that he foreign changes have been received but could not be verified due to technical conditions and being disposed by relevant
department;

(4)

The cases failing to be verified within the stipulated time limit but having presented the explanations on the situations to the VDs
and having got the approval from the VDs.

Article 9

When the VDs transfer the information on unverified import payments and export proceeds in foreign exchange to the ADs, they shall
fill in a Form of Transferring Overdue Unverified Import Payments and Export Proceeds in Foreign Exchanges (see Attachment 3) for
each importer/exporter, and transfer the following documents to the ADs:

(1)

Notice of Verification and relative records of urging work;

(2)

List of overdue unverified import payments or export proceeds in foreign exchange; and

(3)

Relative original warrants.

Article 10

After the VDs transferred the information on overdue unverified import payments or export proceeds in foreign exchange to the ADs,
they shall help to provide relative warrants, information required by the ADs for disposing the cases. The VD shall handle the overdue
unverified cases transferred to them and give a notice on the disposals to the ADs within 2 days after handling the cases.

Article 11

The ADs shall accept with signature the cases of failing to go through the procedures for verification according to the Operating
Procedures of the State Administration of Foreign Exchange on Operating Procedures for Transferring Cases and audit the cases. Case
filing shall be made for the cases within 7 days, except for the following:

(1)

The ADs shall, within 5 days, return those cases with uncompleted documents to the ADs for completion.

(2)

For the cases which importers/exporters have cancelled registration with the administrations of industry and commerce or which registrations
with the administrations have been cancelled automatically due to failing to registering for over two years, the ADs shall not file
them and return the relative documents to VDs.

(3)

The ADs shall not file the cases which importers/exporters could not found through on-site investigation though their registrations
with the administration of industry and commerce have not been cancelled, but record the cases for future references and return the
documents to the VDs. If such importers/exporters apply for verification next time, the VDs shall renew the relative data of such
importers/exporters and transfer the cases again to the ADs; or

(4)

The cases with other proper reasons.

Article 12

For the filed cases of failing to go through procedures for unverified import payments and export proceeds in foreign exchange within
the time limit, the ADs shall carefully audit the relative documents and analyze the causes for the failures. For the behaviors involving
large amount and failing to provide relevant proofs and with obvious suspicion of escaping and deceiving foreign exchanges, investigations
shall be extended.

Article 13

For any behavior of failing to go through the verification procedures for import payments and export proceeds in foreign exchange,
punishment shall be imposed for each case. According to Article 27 of Law of the People’s Republic of China on Administrative Punishment,
if the case is a minor illegal act, which single unlawful sum is below $250,000, the punishment may be mitigated according to the
situation. If the single unlawful sum is above $250,000, the administration of foreign exchange shall give a warning, circulate a
notice of criticism and confiscate any illegal gains and impose a fine of no less than RMB 50,000 and no more than RMB 300,000 according
to Article 48 of the Regulations of The People’s Republic of China on Administration of Foreign Exchange. If the offense constitutes
a crime, criminal liability shall be pursued according to laws. The standard for a single fine is RMB 1,000 for each $5,000. A sum
of a single fine on an act of failing to go through verification procedures for import payment and export proceeds in foreign exchange
shall be no more than RMB 300,000. For the act of failing to have the export proceeds in foreign exchange verified, which meets the
conditions of Article 39 of Rules of Implementation of Administration Measures on Export Proceeds in Foreign Exchanges, the sum
of a single fine shall be no more than RMB 30,000.

Article 14

For any of the following importers/exporters, the punishment may be mitigated if they present written applications and such applications
have been approved by the case auditing committee after discussion:

(1)

The overdue unverified export proceeds in foreign exchange have been disposed as bad debts with approval from the financial administration
at the level of municipality or above;

(2)

The importer/exporter has gone through the verification procedures for the items under relative imports/exports prior to the issue
of Decision of Administrative Sanction.

(3)

The importer has transferred back the equivalence of sum of money from abroad which has been paid to initiatively reduced harmful
results; and

(4)

Other cases meeting the conditions for mitigating penalties according to the Law of the People’s Republic of China on Administrative
Penalty.

Article 15

After closing the cases for disposing unverified import payments or export proceeds in foreign exchanges, the ADs shall timely feedback
the disposal results to the VDs.

Article 16

These Measures is formulated and interpreted by the State Administration of Foreign Exchange.

Article 17

These Measures shall go into effect as of April 1, 2003. If previous provisions are inconsistent with these Measures, these Measures
shall prevail.



 
The State Administration of Foreign Exchange
2003-03-13

 






1234Page 4 of 4

CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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