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将改革举措上升为法律制度 新修订的《对外贸易法》含“新”量十足
Yang Shi Wang· 2026-01-09 07:53
Group 1 - The newly revised Foreign Trade Law of the People's Republic of China will officially take effect on March 1 this year, elevating several innovative systems and mature practices in China's foreign trade sector to legal status [1] - The new law explicitly supports new business models such as cross-border e-commerce and comprehensive foreign trade services, marking the first inclusion of digital trade and green trade in legislation [3] - The law promotes the use of electronic bills of lading and electronic invoices, and aims to advance international mutual recognition of digital certificates and electronic signatures, thereby fostering innovation in digital trade and accelerating the establishment of a green trade system [3] Group 2 - The inclusion of the negative list system for cross-border service trade in the law is particularly noteworthy, as it enhances the transparency of service trade opening rules [5] - Experts believe that the legal elevation of the trade policy compliance mechanism will create a fairer, more open, and transparent business environment for foreign enterprises, boosting their confidence and expectations for investment in China [7] - The new law is expected to play a more active and profound role in enhancing the level of trade liberalization and facilitation, as well as strengthening the resilience of foreign trade development as supporting policy measures are gradually implemented [7]
2025外贸法修订重点条款解读及合规建议
Xin Lang Cai Jing· 2025-12-30 11:08
Group 1 - The revised Foreign Trade Law aims to enhance national security and compliance in foreign trade management while promoting high-level openness and high-quality development [2][24] - The law establishes a negative list system for cross-border service trade and incorporates measures to counteract trade restrictions imposed by certain countries [4][30] - The law emphasizes the importance of aligning with international high-standard economic and trade rules and maintaining a fair multilateral trade system [3][24] Group 2 - The definition of foreign trade operators has been clarified, now encompassing individuals and organizations engaged in foreign trade activities [25] - Specific regulations for foreign labor cooperation and foreign contracting projects have been established, differentiating management approaches for each [26] - The law introduces a negative list management system for foreign service providers engaging in international service trade through various modes [27][33] Group 3 - New provisions allow for trade restrictions against foreign individuals or organizations that threaten national sovereignty, security, or development interests [30][31] - A multi-faceted dispute resolution mechanism is established to facilitate efficient resolution of trade disputes through mediation, arbitration, and litigation [32] - The law expands the scope for implementing necessary measures regarding the import and export of goods and technologies, allowing for flexibility in response to emergencies [40]
对外贸易法全文公布,将于明年3月1日起实施|快讯
Hua Xia Shi Bao· 2025-12-28 07:53
Group 1 - The "Foreign Trade Law of the People's Republic of China" has been revised and will be implemented starting March 1, 2026, aiming to promote high-level opening-up and high-quality development of foreign trade [2] - The law emphasizes the importance of maintaining a fair and free foreign trade order while protecting the legitimate rights and interests of foreign trade operators [2][3] - The state will actively align with international high-standard economic and trade rules and participate in the formulation of international economic and trade rules [3] Group 2 - The law establishes a compliance mechanism for trade policies that align with international norms, requiring relevant government departments to conduct trade policy compliance assessments [3] - China will promote and develop trade relations with other countries and regions based on the principles of equality and mutual benefit, including entering into customs unions and free trade agreements [3] - In response to discriminatory trade measures from other countries or regions, China reserves the right to take corresponding measures based on actual conditions [4]
对外贸易法全文发布,2026年3月1日起施行
Xin Lang Cai Jing· 2025-12-27 11:29
Group 1 - The law aims to promote high-level opening-up and high-quality development of foreign trade, maintain trade order, protect the legitimate rights and interests of foreign trade operators, and promote the healthy development of the socialist market economy [1] - The law applies to foreign trade and related intellectual property protection [2] - Foreign trade is defined as the import and export of goods, technology, and international service trade [3] Group 2 - The foreign trade work should serve the national economic and social development and promote the construction of a strong trading nation [4] - The State Council is responsible for overseeing national foreign trade work according to this law [5] - The country implements a unified foreign trade system, encourages the development of foreign trade, and maintains a fair and free trade order [6] Group 3 - The country establishes a compliance mechanism for trade policies that align with international rules [7] - China promotes and develops trade relations with other countries and regions based on the principle of equality and mutual benefit [7] - The country can take corresponding measures against any country or region that adopts discriminatory measures against China in trade [7] Group 4 - Foreign trade operators are defined as individuals or organizations that engage in foreign trade activities in accordance with the law [8] - Those engaged in foreign labor cooperation must obtain the necessary qualifications [9] - The state may implement state-run trade management for certain goods, allowing only authorized enterprises to conduct import and export business [9] Group 5 - The state permits the free import and export of goods and technology, except as otherwise provided by law [11] - The State Council may implement automatic licensing for certain goods based on monitoring import and export situations [11] - The state can prohibit or restrict the import and export of certain goods and technologies for reasons such as national security and public interest [13][14] Group 6 - The state encourages various models of international service trade, including cross-border delivery and overseas consumption [27] - The State Council manages international service trade in accordance with this law and other relevant regulations [28] - The state can prohibit or restrict international service trade for reasons such as national security and public health [29] Group 7 - The state strengthens intellectual property protection related to foreign trade and promotes international cooperation in this area [20] - Measures can be taken against the import of goods that infringe on intellectual property rights and harm trade order [21] - The state can take necessary measures against countries that do not provide adequate intellectual property protection for Chinese entities [21] Group 8 - The law prohibits monopolistic or unfair competition practices in foreign trade activities [22] - Specific behaviors that violate trade order, such as smuggling and tax evasion, are strictly prohibited [23] - The State Council can announce and take necessary measures against violations that harm foreign trade order [39] Group 9 - The state can take appropriate trade remedy measures based on the results of foreign trade investigations [44] - Anti-dumping measures can be implemented against products entering the market at below normal value that harm domestic industries [45] - Safeguard measures can be taken in response to a significant increase in imports that threaten domestic industries [48] Group 10 - The state supports the development of foreign trade by establishing financial institutions and improving insurance measures [56] - The state encourages the innovation of foreign trade models, including cross-border e-commerce [59] - The state promotes the digital development of foreign trade and supports the use of digital tools in trade activities [60]