The Foreign Trade Law of the People's Republic of China, amended and adopted at the 8th Meeting of the Standing Committee of the 10th National People's Congress on April 6, 2004, is now promulgated and shall enter into force as of July 1, 2004.
President of the People' Republic of
China: HU Jintao
April 6, 2004
Chapter I General Principles
Article 1 This Law is formulated with a view to further expand opening up, developing the foreign trade, maintaining the foreign trade order, safeguarding the legitimate rights of foreign trade dealers, and promoting a healthy development of the socialist market economy.
Article 2 This Law is applicable to foreign trade and protection of trade related aspects of intellectual property rights.
Foreign trade as mentioned in this Law shall cover the import and export of goods, technology 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 foreign trade for the entire country pursuant to this Law.
Article 4 The State shall apply the foreign trade system on a uniform basis, encourage the development of foreign trade, and maintain a fair and free foreign trade order.
Article 5 The People's Republic of China promotes and develops trade ties with other countries and regions, enters into or participates in customs union agreements, free trade agreements and other regional economic and trade agreements, and participates in regional economic organisations on the principles of equality and mutual benefit.
Article 6 The People's Republic of China shall, under international treaties or agreements to which the People's Republic of China is a contracting party or a participating party, grant the other contracting parties or participating parties Most-Favoured-Nation treatment, National Treatment and other treatments, or on the principles of mutual advantage and reciprocity, grant the other party Most-Favoured-Nation treatment, National Treatment and other treatments within the field of foreign trade.
Article 7 In the event that any country or region applies discriminatory prohibition, restriction or other similar measures 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 II Foreign Trade Dealers
Article 8 Foreign trade dealers as mentioned in this Law shall cover the legal entities, other organisations or individuals having handled registration with the industrial and commercial administration, or other formalities with regard to practicing foreign trade, and engaged in foreign trade dealings in compliance with the provisions of this Law, other related laws and administrative regulations.
Article 9 A foreign trade dealer who intends to engage in the import and export of goods and technology shall proceed with the record-filing registration with the authority responsible for foreign trade under the State Council or agencies authorized by the authority, unless otherwise specified by laws, administrative regulations and the authority responsible for foreign trade under the State Council. The detailed measures governing record-filing registration shall be specified by the authority responsible for foreign trade under the State Council. The Customs shall not handle the formalities related to customs declaration and clearance of import and export commodities for foreign trade dealers failing to handle the record-filing registration as requested.
Article 10 When engaging in international trade in services, the foreign trade dealers shall abide by the provisions of this Law and other laws and administrative regulations.
Units engaged in contracting of overseas engineering projects or foreign labour service co-operation shall have corresponding qualifications or quality. The detailed measures shall be specified by the State Council.