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Foreign Trade Operators Record-filing

Updated:2018-4-4 14:56:35    Source:www.tannet-group.comViews:599

MOFCOM approval or record-filing for foreign investors in China
Hotline: 86-755-82143422

Foreign trade operators record filing is essential for obtaining the import and export license in China. As long as a company’s business scope is not restricted by the Negative list for Foreign Investment (in free trade zones), or is not subject to the special administration measures for foreign investment access, the application can go through a simplified record-filing process, recently promulgated in the Provisional Measures for the New Filing System issued by The Ministry of Commerce of the People's Republic of China (MOFCOM).

Required Information
1. An application form;
2. Commitment letter by all investors or their representatives;
3. Business license or pre-approval documents for the name of the WFOE;
4. Power of attorney appointing the representatives and the identity paper of the representatives; and
5. Certificate or identity document of investors and legal representative for the application.

These documents must be uploaded through the online integrated management system. The commerce authorities, normally provincial-level, should verify the integrity and accuracy of the information and complete the filing within three working days. Interestingly, the filing process is not actually a necessity for obtaining a business license, but for restricted or encouraged industries with equity portion requirements, the setup of a WFOE requires the approval of commerce authorities.

The new filing system is being implemented within the scope of the 2015 Catalogue, but the draft of the forthcoming updated Catalogue has now been made public by the NDRC and MOFCOM for comment. The State Council has also issued an announcement for further opening-up of industries for foreign investment, with a notable emphasis on easing restrictions on the financial and energy sectors.

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