ARTICLE
16 October 2024

Qualifications for international freight forwarding companies in China

RC
R&P China Lawyers

Contributor

R&P is a unique Chinese law firm founded in 2010, offering trusted legal support for international businesses in China. They cover various sectors and have PRC-licensed lawyers representing clients in negotiations, dealings with government departments, and court proceedings. Their team combines local expertise with international experience, emphasizing integrity, communication, and responsiveness. With offices in Shanghai and Beijing, R&P engages in projects across China and collaborates with local firms for additional support, providing practical solutions for clients' legal challenges.
Approval procedures for setting up a foreign-invested international freight forwarding business in China have been simplified but conditions remain.
China Transport

Despite China's economy facing challenges, one of the sectors that has grown a lot over the past five years is cross-border e-commerce. Every day approximately nine million parcels are exchanged between China and countries around the world, making it easier and faster for consumers to "buy globally." Over the past five years, the scale of China's cross-border e-commerce trade has grown more than tenfold.

Against this background, we are seeing a growing interest from foreign investors to get a foothold in the international freight-forwarding industry in China. The country welcomes this kind of investment. In 2019, China abolished specific restrictions on the establishment of international freight forwarding enterprises by foreign investors and simplified the approval procedures for setting up a foreign-invested international freight forwarding business in China. The following conditions and procedural requirements remain:

  1. Establishment Conditions
Personnel At least 5 professionals with international freight forwarding qualifications, such as:
- Over 3 years' experience
- CIFA or equivalent certificate holders
Premises and facilities Fixed business premises and necessary business facilities
Market conditions Stable sources of import and export goods
Registered capital Minimum for companies
- CNY 5 million for international freight forwarding business by sea
- CNY 3 million for international freight forwarding business by air
- CNY 2 million for international freight forwarding business by land and for international express delivery business

Note: Companies operating more than one type of business, will be subject to the higher minimum registered capital.

For branch establishment
Increase minimum registered capital by CNY 500,000 per branch
Company name Shall contain relevant words such as "freight forwarding", "transportation service", "consolidation" or "logistics".
  1. Other Relevant Requirements

Many businesses engaging in international freight forwarding will also want to operate related businesses, such as the import and export of goods, import and export agency, Non-Vessel Operating Common Carrier (NVOCC) business, or agency businesses by sea, air, and land (including railway and road transportation). While certain administrative steps need to be completed before a company can do so, this process is now a lot easier than it used to be. Below an overview of the activities that require a simplified filing or are still subject to licensing:

Licensing

Road (highway) transportation Apply for Road Transport Business License (not required for general freight transportation with ordinary freight vehicles under 4,500 kg)
International road freight transportation Apply for Road Transport Business License
Railway transportation Apply for Railway Transport License
Air transportation Apply for Public Air Transport Enterprise Operating License

Filing

Customs declaration and inspection After filing with customs, enterprises will simultaneously obtain qualifications for customs declaration and inspection.

Can be filed through the "China International Trade Single Window" platform (http://www.singlewindow.cn/) or simultaneously in accordance with the "Multiple Certificates in One" process during enterprise registration.
NVOCC File enterprise name, address, contact information on the "Comprehensive Management Information System for Waterway Transportation Construction" of the Ministry of Transport (http://wtis.mot.gov.cn) or the relevant website of the local transportation authority.

The freight rate shall be filed with the transportation authority of the State Council.
Sea or water transportation May need to file for international ship agency, domestic ship agency, and waterway cargo transportation agency according to the corresponding businesses.
International road freight transportation File with the provincial transportation authority.
  1. Conclusions

It is much easier than before to establish a foreign-invested company in China engaged in international freight forwarding, with qualifications and filing/approval conditions greatly simplified in recent years. At the same time, to maintain market order, protect national economic security, and adapt to international rules and standards, China has kept several approval restrictions in place. Our expectation is that these will be further relaxed in the coming years, to the full benefit of foreign investors that are interested in this field.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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