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Administration of Foreign Exchange Collection, Payment, Sales and Purchases |
Article 24 In-area entities' foreign exchange revenue, except that approved by the SAFE Branches, shall be repatriated home and deposited in their foreign exchange accounts.
Article 25 In-area entities, when they need Renminbi to pay employees' salaries and life expenses, to pay charges for water and electricity, and to pay administrative fees, shall apply with the SAFE Branches by presenting relevant documents. They shall sell their foreign exchange for Renminbi to designated in-area and out-area banks by presenting the approval documents issued by the SAFE Branches.
Article 26 Overseas payments of in-area entities shall be proceeded upon valid certificates and commercial vouchers prescribed in Procedures on the Administration of Sale, Purchase of and Payment in Foreign Exchange. In case of declaration form of imported goods required, original record list of goods entering inside areas shall be substitution. This kind of payments except that specially prescribed in this set of procedures shall be made without approval by or record with the SAFE Branches E.
Designated foreign exchange banks shall keep relevant certificates and vouchers on file for reference.
Article 27 In case of transporting or exporting goods to overseas, in-area entities need not to handle formalities of verification and cancellation of export collection in foreign exchange.
In case of making payments for imports from overseas, in-area entities need not to handle formalities of verification and cancellation of import payment in foreign exchange.
Article 28 Formalities of foreign exchange payments by in-area entities to out-area entities shall be handled by out-area entities by presenting certificates of contracts or agreements, vouchers and etc.. The designated foreign exchange banks shall handle formalities of foreign exchange surrender or entering into the foreign exchange accounts for the out-area entities according to this set of Procedures.
Article 29 Foreign exchange payments by out-area entities to inside areas shall be regarded as payments to overseas. They shall be made after being verified bona bide by the designated foreign exchange banks upon relevant valid certificate and commercial vouchers prescribed in Procedures on the Administration of Sales, Purchase of and Payment in Foreign Exchange.
Article 30 Out-area entities, when exporting goods to inside areas, shall declare at customs by presenting verification and cancellation certificate of export collection in foreign exchange according to Procedures on the Administration of Verification and Cancellation of Export Collection in Foreign Exchange and detailed rules for implementing it. The designated foreign exchange banks shall issue special copy of verification and cancellation certificate of export collection in foreign exchange to the out-area entities after foreign exchange collected. It is the out-area entities that handle formalities of verification and cancellation of export collection in foreign exchange.
Out-area entities, when making payments to in-area entities for imported goods, shall handle formalities of verification and cancellation of import payment in foreign exchange according to Provisional Procedures on Supervision over Verification and Cancellation of Import Payment in Foreign Exchange and relevant regulations.
Article 31 Foreign exchange payments between in-area entities shall be made from their foreign exchange accounts upon relevant certificates of contracts or agreements and vouchers etc.. In-area entities are not allowed to purchase foreign exchange for these payments.
Article 32 Foreign exchange payments by in-area entities to overseas and outside areas shall be made from the entities' foreign exchange accounts. In-area entities are not allowed to purchase foreign exchange for these payments except those specially provided in this set of procedures.
Article 33 In-area entities whose registered capital was paid in Renminbi with approval, when making foreign exchange payment to overseas or outside areas, shall use the foreign exchange owned by themselves first. They shall apply with the SAFE Branches by presenting relevant documents for the short part,. The documents include the Registration Certificate, approval documents for paying registered capital in Renminbi, verification certificate of the capital contribution issued by CPA, business license, statements of all foreign exchange accounts issued by account-opening financial institutions, and valid certificates and commercial vouchers prescribed in this set of procedures. They shall purchase foreign exchange with paid-in capital in Renminbi from the designated foreign exchange banks upon the approval documents issued by the SAFE Branches. The Renminbi used for purchasing foreign exchange shall not exceed paid-in capital.
Article 34 In-area entities whose products can be partly sold domestically with the approval by the Moftec or its branches and the customs, when selling goods to outside areas, shall purchase foreign exchange by collected Renminbi from the designated foreign exchange banks upon approval documents issued by the SAFE Branches. The approval documents shall be applied for by presenting the Registration Certificate, approval documents for selling product domestically issued by the domiciled administration of export processing area, contracts of sales, original declaration form of imported goods issued by the customs verifying that the buyer is located in outside areas.
When verifying purchase application for foreign exchange of in-area entities, the SAFE Branches shall stamp the original declaration form of imported goods with "foreign exchange supplied", and keep it for record. The SAFE Branches shall verify the original electronic accounts of the declaration form from the verification network system for import customs declaration form and wind up the case as in-area entities have handled formalities of verification and cancellation of import payment in foreign exchange.
Article 35 In-area entities are allowed to borrow foreign exchange from home and abroad to meet their operation need without the SAFE's approval. However, the borrowing shall be registered with the SAFE according to Provisional Rules on External Debts Statistics and Supervision and detailed rules for implementing it, as well as Procedures on the Administration of Foreign Exchange Lending (on-lending) Registration.
Foreign exchange financing between in-area and out-area non-financial institutions is prohibited.
Article 36 Guarantees provided by out-area entities for in-area entities to overseas entities and individuals, out-area entities, and to other in-area entities shall be regarded as external guarantees. They shall be subject to Procedures on the Administration of External Guarantees by Domestic Entities and detailed rules for implementing it. In-area entities, when providing guarantees to overseas entities, shall register the guarantee with the SAFE Branches within 15 days after the guarantee contracts being signed.
Article 37 When repaying external debts to overseas, repaying foreign exchange loans extended by out-area financial institutions, or performing external guarantees to overseas, in-area entities shall acquire the approval from the SAFE Branches.
Article 38 In-area entities are not allowed to make overseas or our-area investment of any kind.
Article 39 In liquidation due to closing or expiration of the business term, in-area entities shall liquid all of their assets according to relevant regulations. Assets belonging to foreign investors shall be remitted abroad according to relevant regulations. Those belonging to domestic investors shall be repatriated to outside areas and be disposed according to relevant regulations.
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