Decision No. 38/TM-XNK amends the conditions for the entrusting party in the regulations on entrusted import and export between domestic legal entities, requiring business licenses, quotas or import/export targets, approval from specialized agencies, and payment capacity. This provision takes effect from the date of signing.
适用范围
The entrusting party in the regulations on entrusted import and export between domestic legal entities.
要点
- The entrusting party → must have a domestic business license and/or an import/export business license.
- The entrusting party → must have quotas or import/export targets if entrusting goods subject to State-planned quotas that have been approved.
- The entrusting party → must obtain written approval from specialized agencies for specialized import/export items.
- The entrusting party → must have the ability to pay for entrusted goods.
- The new provisions apply from the date of signing the decision.
🌐 本文件的社会影响
- Positive impact: Reduces legal risks for enterprises when implementing the regulations on entrusted import and export.
- Negative impact: Increases requirements for becoming an entrusting party, which may impose burdens on some small and medium-sized enterprises.
❓ 常见问题
What permits does the entrusting party need?
The entrusting party must have a domestic business license and/or an import/export business license.
Does the entrusting party need quotas or import/export targets?
If entrusting goods subject to State-planned quotas that have been approved, the entrusting party needs quotas or import/export targets.
For which items is approval from specialized agencies required?
Approval from specialized agencies is required for specialized import/export items.
Does the entrusting party have payment capacity requirements?
Yes, the entrusting party must have the ability to pay for entrusted goods.
When do the new provisions take effect?
The new provisions take effect from the date of signing this decision.
全文
Pursuant to …;
OF THE MINISTER OF TRADE
Amending the Entrusted Import and Export Regulations between Domestic Legal Entities
(Issued pursuant to Decision No. 1172/TM-XNK dated September 22, 1994 of the Ministry of Trade)
THE MINISTER OF TRADE
Pursuant to Decree No. 95/CP dated December 4, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;
Pursuant to Decree No. 33/CP dated April 19, 1994 of the Government on state management over export and import activities,
DECISION:
Article 1. Now amends Point 3.1 regarding conditions for the entrusting party in the Entrusted Import and Export Regulations between Domestic Legal Entities (issued together with Decision No. 1172/TM-XNK dated September 22, 1994 of the Ministry of Trade), as follows:
Possessing a domestic business license and/or an export-import business license;
Having allocation quotas or plan indicators for export and import, if entrusted to export and import goods subject to allocation quotas or plan indicators approved by the State for related goods that significantly affect the national economic balance. In necessary cases, the Ministry of Trade shall issue a document allowing enterprises to engage in entrusted export and import according to the allocation quotas or plan indicators assigned to the entrusted party;
Receiving written approval from specialized agencies for specialized export and import goods;
Having the ability to settle payments for entrusted export and import goods.
Article 2. These amended provisions shall take effect from the date of signature. Abolish Point 3.1 in the Regulations issued pursuant to Decision No. 1172 TM/XNK dated September 22, 1994 mentioned above.
Article 3. The Heads of relevant Departments and Heads of Regional Export-Import Management Offices are responsible for guiding the implementation of this Decision.
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