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THE ENQUIRY MEASURES OF CHINA WTO ENQUIRY OFFICES (FOR TRIAL IMPLEMENTATION)

WTO Notification and Enquiry Center of the Chinese Government

The Enquiry Measures of China WTO Enquiry Offices (for Trial Implementation)

WTO Notification and Enquiry Center of the Chinese Government

January 1, 2002

1.

Purpose of Enquiry: to establish an open and transparent trade administration system, and to perform the obligations of China for
its accession to the WTO.

In accordance with the relevant provisions of World Trade Organization on transparency, and China’s commitments to the World Trade
Organization members (paragraph 2(C) in China’s Protocol of Accession): China shall establish or designate an enquiry office where,
upon request of any individual, enterprise or WTO Member, all information relating to the Article 2 of these Measures may be obtained.
Replies to requests for information shall generally be provided within 30 days after receipt of a request. In exceptional cases,
replies may be provided within 45 days after receipt of a request. Notice of the delay and the reasons therefor shall be provided
in writing to the interested party. Replies to WTO Members shall be complete and shall represent the authoritative view of the Chinese
government. Accurate and reliable information shall be provided to individuals and enterprises.

2.

Scope of Enquiry: All of China’s information on laws, regulations, judicial orders or judgments, administrative decisions and other
measures pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange. Such information shall include
the name of the country or the governing organ subordinated to the country (including liaison point), which is responsible for implementing
a certain measure.

3.

Objects of Enquiry: WTO Members, Chinese and foreign enterprises and individuals.

4.

Manner of Enquiry: Enquiry in writing. Anyone in need of enquiry may download the enquiry application form from the MOFTEC’s web
site (www.moftec.gov.cn) or obtain the enquiry application form by fax to 0086-10-65197340, and shall submit the said form to China
WTO Enquiry office by fax or by letter.

5.

Time Limit of Enquiry: The enquiry office shall reply the enquiry requests in writing within 30 days after receipt of an application
form (the time on the receiving local stamp seal or receiving the fax shall be the time of receipt). In exceptional cases, replies
may be provided within 45 days after receipt of a request. Notice of the delay and the reasons therefor shall be provided in writing
to the interested party.

6.

These Measures shall come into effect on January 14, 2002.

Enquiry Application Form of WTO Notification and Enquiry Center of the Chinese Government(omitted)



 
WTO Notification and Enquiry Center of the Chinese Government
2002-01-01

 







PROVISIONS ON FOREIGN INVESTMENT IN CIVIL AVIATION

The General Administration of Civil Aviation, the Ministry of Foreign Trade and Economic Cooperation, the State Development Planning
Commission

Decree of the General Administration of Civil Aviation of China, the Ministry of Foreign Trade and Economic Cooperation of the People’s
Republic of China and the State Development Planning Commission of the People’s Republic of China

No.110

The Provisions on Foreign Investment in Civil Aviation, which were adopted at the Executive Meeting of the General Administration
of Civil Aviation of China, the Ministry of Foreign Trade and Economic Cooperation and the State Development Planning Commission
and approved by the State Council on December 10, 2001, are hereby promulgated and shall enter into force on August 1, 2002.

Director General of the General Administration of Civil Aviation Yang Yuanyuan

Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guangsheng

Director of the State Development Planning Commission Zeng Peiyan

June 21, 2002

Provisions on Foreign Investment in Civil Aviation

Article 1

In order to expand the opening of the civil aviation industry of China (hereinafter referred to as civil aviation), to promote the
reform and development of the civil aviation and to protect the legitimate rights and interests of the investors, these Provision
have been enacted in accordance with the Law of the People’s Republic of China on Chinese-foreign Equity Joint Ventures, the Law
of the People’s Republic of China on Chinese-foreign Contractual Joint Ventures, the Provisions on Guidance of Foreign Investment
Direction and the Catalog for Guidance of Foreign Investment Industries (hereinafter referred to as the Guidance Provisions and the
Catalog respectively), and the relevant laws and regulations on civil aviation.

Article 2

These Provisions shall apply to the investment made in the civil aviation by foreign companies, enterprises and other economic organizations
or individuals (hereinafter referred to as the foreign investors).

Article 3

The scope of civil aviation that foreign investors may invest in shall include: civil airports, public air transport enterprises,
general aviation enterprises and projects related to air transport. Foreign investors are forbidden from investing in and managing
air traffic control systems.

(1)

Foreign investors are encouraged to construct civil airports. The “civil airports” as used in these Provisions shall exclude airports
for both civil and military use. Foreign-funded civil airports are divided into two categories:

1.

Flying areas of civil airports, including the runway, taxiway, connecting apron, parking apron, and flight assisting light;

2.

Terminal buildings.

(2)

Foreign investors are encouraged to invest in the existing public air transport enterprises. Foreign investors are encouraged to invest
in the general aviation enterprises engaging in agriculture, forestry and fishery operations. Foreign investors are allowed to invest
in the general aviation enterprises engaging in business flight, air sight-seeing or serving the industry, but may not engage in
the projects involving state secrets.

(3)

The “projects related to air transport” shall include: air fuel, airplane maintenance, freight transport and storage, ground service,
air food, parking lots and other approved projects.

Article 4

The forms of foreign investment shall include:

(1)

Equity joint venture or contractual joint venture (hereinafter referred to as joint venture);

(2)

Purchasing shares of civil aviation enterprises, including the shares issued overseas and the foreign shares issued inside China by
the aviation enterprises;

(3)

Other approved investment forms. Foreign investors must be qualified as a Chinese legal person to invest, in the form of contractual
joint venture, in public air transport and general aviation enterprises engaging in business fight and air sight-seeing.

Article 5

Where foreign investors invest in public air transport enterprises and civil airports, under the same conditions, priority shall be
given to the foreign enterprises of the same kind with international advanced management level.

Article 6

Where foreign investors invest in civil airports, the Chinese party shall take the relatively holding position. Where foreign investors
invest in public air transport enterprises, the Chinese party shall take the holding position, and the proportion of investment made
by one foreign investor (including its associate enterprises) may not exceed 25%. Where foreign investors invest in the general aviation
enterprises engaging in business flight, air sight-seeing or that serving the industry, the Chinese party shall take the holding
position; where they invest in the general aviation enterprises engaging in agriculture, forestry or fishery operations, the proportion
of foreign investment shall be determined by both the Chinese and foreign parties through negotiation.

Article 7

The operating period of joint ventures with foreign investment shall not exceed 30 years generally.

Article 8

With respect to civil airport enterprises with foreign investment, their charges for air service shall conform to the uniform standard
of the state, and the standards of the charges for non-air service shall be determined by the local price departments at the request
of the enterprises. The public air transport enterprises and general aviation enterprises with foreign investment shall execute the
price policies of the State.

Article 9

With respect to the land needed for the construction of civil airports, the foreign investors shall go through the procedures for
land evaluation and the examination and approval of disposition of land use right in accordance with the laws and regulations of
the state on land administration and the provisions of the General Administration of Civil Aviation of China (hereinafter referred
to as the GACA) on the administration of airport land use.

Article 10

The foreign investors investing in the construction of civil airports may enjoy the priority to invest in and manage the projects
related to air transport.

Article 11

With respect to the projects above the quota for foreign investment in civil aviation, according to the nature of the projects, the
State Development Planning Commission (for basic construction projects) and the State Economic and Trade Commission (for technical
reform projects) shall, with the consent of the GACA, respectively make examination and approval of the project proposals and the
feasibility study reports; the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) shall make
the examination and approval of the contracts and articles of association. With respect to the projects under the quota, the GACA
shall make the examination and approval of the project proposals and the feasibility study reports, and the MOFTEC shall make the
examination and approval of the contracts and articles of association. Where foreign investors invest in the projects related to
air transport, such as freight transport and storage, ground service, air food, and parking lots, etc., they shall go through the
procedures for examination and approval in accordance with the procedures and authorities prescribed in the Guidance Provisions and
the Catalog.

Article 12

After the contracts and articles of association of the civil airport projects with foreign investment have been approved, the foreign
investors shall apply to the MOFTEC for the certificate of approval for foreign-funded enterprise and then go through the relevant
procedures for registration at the administrations for industry and commerce. After the contracts and articles of association of
the public air transport enterprises and general aviation enterprises with foreign investment have been approved, the enterprises
shall apply to the GACA for drawing or altering their licenses for operation, apply to the MOFTEC for drawing the certificate of
approval for foreign-funded enterprise, and go through the relevant registration procedures at the administrations for industry and
commerce.

Article 13

Where civil aviation enterprises issue shares overseas, issue foreign shares inside China or absorb foreign investment by other means,
they shall go through the procedures for examination and approval with the relevant authorities of the state.

Article 14

The capital increase, change of equity, and other matters of foreign-funded civil aviation enterprises (projects) shall be submitted
for examination and approval to the organ that originally made the examination and approval.

Article 15

The GACA and its local administrations shall exercise industrial administration and supervision over the business activities of foreign-funded
civil aviation enterprises.

Article 16

These Provisions shall be referred to if companies, enterprises, other economic organizations or individuals from the Special Administrative
Region of Hong Kong, the Special Administrative Region of Macao and Taiwan area invest in civil aviation in other Chinese provinces,
autonomous regions and municipalities directly under the Central Government.

Article 17

These provisions shall enter into force as of August 1, 2002. The Circular on the Relevant Policies Concerning Foreign Investment
in Civil Aviation promulgated by the GACA and the MOFTEC on May 6, 1994 (MinHangZongJuHan [1994] No.448) and the Circular on the
Explanation for Several Issues of the Relevant Policies Concerning Foreign Investment in Civil Aviation promulgated by the GACA and
the MOFTEC on October 25, 1994 (MinHangZongJuFa [1994] No.271) shall be nullified at the same time.



 
The General Administration of Civil Aviation, the Ministry of Foreign Trade and Economic Cooperation, the State Development
Planning Commission
2002-06-21

 







AGREEMENT ON RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENT BETWEEN THE GORERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN PREAMBLE

AGREEMENT ON RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENT BETWEEN THE GORERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT
OF THE ISLAMIC REPUBLIC OF IRAN PREAMBLE

The Government of the People’s Republic of China and the Government of the Islamic Republic of Iran hereinafter referred to as the
“Contracting Parties”,

Desiring to intensify economic cooperation to the mutual benefit of both States;

Intending to utilize their economic resources and potential facilities in the area of investments as well as to create and maintain
favorable conditions for investments of the investors of the Contracting Parties in each other’s territory and;

Recognizing the need to promote and protect investments of the investors of the Contracting Parties in each others’ territory;

Have agreed as follows:

Article 1

DEFINITIONS

For the purpose of this Agreement, the meanings of the terms used therein are as follows:

1.

The term “investment” refers to every kind of property or asset, including the following, invested by the investors of one Contracting
Party in the territory of the other Contracting Party in accordance with the laws and regulations of the other Contracting Party:

(a)

movable and immovable property as well as rights related thereto; such as mortgages and pledges;

(b)

shares, debentures, stocks and any other kind of participation in companies;

(c)

right to claim money and/or any other performance having an economical value associated with an investment;

(d)

industrial and intellectual property rights;

(e)

special rights conferred by law including rights to search for, extract or exploit natural resources.

Any change in the form in which assets are invested does not affect their character as investments, provided that such changes are
consistent with the legislation of the host Contracting Party.

2.

The term “investors” refers to the following persons who invest in the territory of the other Contracting Party within the framework
of this Agreement:

(a)

natural persons who, according to the laws of either Contracting Party, are considered to be its national and have not the nationality
of the host Contracting Party.

(b)

legal entities, including companies, corporations, associations, and other organizations incorporated and constituted under the laws
and regulations of either Contracting Party and have their seats in the territory of that Contracting Party.

3.

The term “returns” refers to the amounts legally yielded by an investment including profit derived from investments, dividends, royalties,
fees and other legitimate income.

Article 2

PROMOTION OF INVESTMENTS

1.

Either Contracting Party shall encourage its investors to invest in the territory of the other Contracting Party.

2.

Either Contracting Party shall, within the framework of its laws and regulations, create favorable conditions for attraction of investments
of investors of the other Contracting Party in its territory.

Article 3

ADMISSION OF INVESTMENTS

1.

Either Contracting Party shall admit investments of investors of the other Contracting Party in its territory in accordance with its
laws and regulations.

2.

When an investment is admitted, either Contracting Party shall, in accordance with its laws and regulations, grant visas, work permits
as well as all other necessary permits for the realization of such an investment.

Article 4

PROTECTION OF INVESTMENTS

1.

Investments of investors of either Contracting Party effected within the territory of the other Contracting Party shall, in accordance
with the laws and regulations of the host Contracting Party, receive full legal protection and fair treatment not less favorable
than that accorded to its own investors or to investors of any third state who are in a comparable situation.

2.

If a Contracting Party has accorded or shall accord in future special advantages or rights to investor(s) of any third state by virtue
of an existing or future agreement establishing a free trade area, a customs union, a common market or a similar regional organization
and /or by virtue of an arrangement on the avoidance of double taxation, it shall not be obliged to accord such advantages or rights
to investors of the other Contracting Party.

Article 5

MORE FAVORABLE PROVISIONS

Notwithstanding the terms set forth in this Agreement, more favorable provisions which have been or may be agreed upon by either of
the Contracting Parties with an investor of the other Contracting Party are applicable.

Article 6

EXPROPRIATION AND COMPENSATION

1.

Investments of investors of either Contracting Party shall not be nationalized, confiscated, expropriated or subjected to similar
measures by the other Contracting Party except such measures are taken for public purposes, in accordance with the legal procedure
provided for in the laws and regulations of that Contracting Party, in a non-discriminatory manner and against compensation.

2.

The amount of compensation shall be equivalent to the value of investment immediately before the action of nationalization, confiscation
or expropriation was taken. The compensation shall be made without delay, be effectively realizable and freely transferable. In case
of undue delay, which is longer than 30 days as from the date of expropriation, the financial costs related to the delayed payment
shall be borne by the expropriating Contracting Party from the date on which the payment becomes due to the date of actual payment.

Article 7

LOSSES

Investors of either Contracting Party whose investments suffer losses due to any armed conflict, war or similar state of emergency
in the territory of the other Contracting Party shall be accorded by the other Contracting Party treatment as regards restitution,
indemnification, compensation and other settlements no less favorable than that accorded to its own investors or to investors of
any third country.

Article 8

REPATRIATION AND TRANSFER

1.

Each Contracting Party shall, in accordance with its laws and regulations, permit in good faith the following transfers related to
investments referred to in this Agreement, to be made freely and without delay out of its territory:

(a)

returns;

(b)

proceeds from the sale and/or liquidation of all or part of an investment;

(c)

royalties and fees related to transfer of technology agreement;

(d)

sums paid pursuant to Article 6 and/or 7 of this Agreement;

(e)

loan installments which are related to an investment and paid out of such investment activities;

(f)

monthly salaries, wages and other revenues received by the nationals of the other Contracting Party, who have obtained the corresponding
word permits related to an investment in the territory of the host Contracting Party;

2.

The above transfers shall be effected in a convertible currency and at the current rate of exchange in accordance with the exchange
regulations prevailing on the date of transfer.

3.

The investor and the host Contracting Party may agree otherwise on the manner of repatriation or transfers referred to in this Article.

Article 9

SUBROGATION

If a Contracting Party or its designated agency, within the framework of a legal system, subrogates an investor pursuant to a payment
made under an insurance or guarantee agreement against non-commercial risks:

(a)

such subrogation shall be recognized by the other Contracting Party;

(b)

the subrogee shall not be enpost_titled to exercise any rights other than the rights which the investor would have been enpost_titled to exercise.

Article 10

OBSERVANCE OF COMMITMENTS

Either Contracting Party shall guarantee the observance of the commitments it has entered into with respect to investments of investors
of the other Contracting Party.

Article 11

SCOPE OF THE AGREEMENT

This Agreement shall apply to investments, which are made prior to or after its entry into force by investors of either Contracting
Party in accordance with the laws and regulations of the other Contracting Party in the territory of the latter.

As far as the Islamic Republic of Iran is concerned, this Agreement shall only apply to the investments approved by Organization for
Investment. Economic and Technical Assistance of Iran (O.I.E.T.A.I.) or any other agency which may succeed it.

Article 12

SETTLEMENT OF DISPUTES BETWEEN A CONTRACTING PARTY AND INVESTOR (S) OF THE OTHER CONTRACTING PARTY

1.

If any dispute arises between the host Contracting Party and investor(s) of the other Contracting Party with respect to an investment,
the host Contracting Party and the Investor(s) shall primarily endeavor to settle the dispute in an amicable manner through negotiation
and consultation.

2.

In the event that the host Contracting Party and the investor(s) can not agree within six months from the date of notification of
the claim by one party to the other, either of them may refer the dispute to the competent courts of the host Contracting Party or
with due regard to its own laws and regulations to an arbitral tribunal of three members referred to in paragraph 5 below.

3.

A dispute primarily referred to the competent court of the host Contracting Party, as long as it is pending, can not be referred to
arbitration save with the parties’ agreement; and in the event that a final judgement is rendered, it can not be referred to arbitration.

4.

National courts shall not have jurisdiction over any dispute referred to arbitration. However, the provisions of this paragraph do
not bar the winning party go seek for the enforcement of the arbitral award before national courts.

5.

The host Contracting Party or the investor(s) of the other Contracting Party who desires to refer the dispute to arbitration shall
appoint an arbitrator through a written notice sent to the other party. The other party shall appoint an arbitrator within sixty
days from the date of receipt of the said notice and the appointed arbitrators shall within sixty days from the date of the last
appointment, appoint the chairman. In the event that either party fails to appoint its arbitrator within the mentioned period and/or
the appointed arbitrators fail to agree on the chairman, either party may request the Secretary General of the International Center
for Settlement of Investment Disputes to appoint the failing party’ s arbitrator or the chairman, as the case may be. However, the
chairman shall be a national of a state having diplomatic relations with both Contracting Parties.

6.

The ad hoc arbitral tribunal shall determine its own procedure and the place of arbitration.

7.

The tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both parties to the dispute.
Both Contracting Parties shall commit themselves to the enforcement of the award.

8.

Each party to the dispute shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The
relevant costs of the chairman and tribunal shall be borne in equal parts by the parties to the dispute. The tribunal may in its
award direct that a higher proportion of the costs be borne by one of the parties to the dispute.

Article 13

SETTLEMENT OF DISPUTES BETWEEN THE CONTRACTING PARTIES

1.

All disputes arising between the Contracting Parties relating to the interpretation or application of this Agreement shall, in the
first place, be settled amicably by consultation. In case of disagreement, either Contracting Party may subject to its laws and regulations,
while sending a notice to the other party, refer the case to an arbitral tribunal of three members consisting of two arbitrators
appointed by the Contracting Parties and a chairman.

In case the dispute is referred to the arbitral tribunal, either Contracting Party shall appoint an arbitrator within sixty days from
the receipt of the notification and the arbitrators appointed by the Contracting Parties shall appoint the chairman within sixty
days from the date of last appointment. If either Contracting Party does not appoint its own arbitrator or the appointed arbitrators
do not agree on the appointment of the chairman within the said periods, each Contracting Party may request the President of the
International Court of Justice to appoint the arbitrator of the failing party or the chairman, as the case may be. However, the chairman
shall be a national of a state having diplomatic relations with both Contracting Parties at the time of the appointment.

2.

In case the chairman is to be appointed by the President of the International Court of Justice, if the President of the International
Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment
shall be made by the Vice-President of the International Court of Justice, and if the Vice-President is also prevented from carrying
out the said function or he is a national of either Contracting Party, the appointment shall be made by the senior member of the
said court who is not a national of either Contracting Party.

3.

Subject to other provisions agreed by the Contracting Parties, the arbitral tribunal shall determine its procedure and place of arbitration.

4.

The decisions of the arbitral tribunal shall be binding on the Contracting Parties.

Article 14

VALIDITY OF THE AGREEMENT

1.

This Agreement shall enter into force for a period of ten years on the first day of the following month after the date of the last
notification of either Contracting Party to the other Contracting Party that it has fulfilled necessary measures in accordance with
its laws and regulations for the entry into force of this Agreement. After the said period, this Agreement shall remain in force
thereafter unless one of the Contracting Parties notifies the other Contracting Party in writing of its unwillingness to continue
with it, six months prior to the expiration or termination thereof.

2.

After the expiration of the validity or termination of this Agreement its provisions shall apply to investments under this Agreement
for a further period of ten years.

In Witness Whereof the undersigned, duly authorized thereto by respective Governments, have signed this Agreement.

Done in duplicate at Beijing on June 22, 2000 corresponding to 2nd Tir1379 in the Chinese, Persian and English languages, all texts
being equally authentic. In case of divergence of interpretation, the English text shall prevail.

For the Government of the￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿For the Government of the

People’s Republic of China￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿Islamic Republic of Iran



 
The Government of the People’s Republic of China
2000-06-22

 







NOTICE OF THE SUPREME PEOPLE’S COURT

The Notice of The Supreme People s Court of the PRC

     Several Regulations of The Supreme People s Court on Hearing Civil Case Involved in The Agreement of People s Mediation has been
passed by the 1240th Session of the Judicial Committee of the Supreme People s Court on September 5th 2002.

It is promulgated on September 16th 2002, and shall go into effect as of November 11th, 2002.

    

Source:China Court Net

TRANSLATOR:Victor EDITOR:Jeff






INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE FIRST PARAGRAPH OF ARTICLE 294 OF THE CRIMINAL LAW

Interpretation by the Standing Committee of the National People’s Congress Regarding the First Paragraph of Article 294 of the Criminal
Law of the People’s Republic of China

(Adopted at the 27th Meeting of the Standing Committee of the Ninth National People’s Congress on April 28, 2002) 

Having discussed the implication of “organizations in the nature of criminal syndicate” prescribed in the first paragraph of Article
294 of the Criminal Law, the Standing Committee of the National People’s Congress gives the interpretation as follows: 

“Organizations in the nature of criminal syndicate” prescribed in the first paragraph of Article 294 of the Criminal Law shall, at
the same time, possess the following characteristics: 

(1) the criminal organization is relatively stable, with a relatively large number of members, definite organizers or leaders, and
basically fixed backbone members;  

(2) it gains economic interests through organized illegally acts, criminal acts or other means, with a certain amount of economic
strength to support its activities; 

(3) it has committed organized illegal and criminal acts on many occasions through violence, threat or other means, perpetrating
outrages, riding roughshod over or cruelly injuring or killing people; and 

(4) through committing illegal and criminal acts, or taking advantage of protection and connivance by State functionaries, it plays
the bully over an area, exercising illegal control and wielding illegal enormous influence over a certain area or trade, thus seriously
disrupting the economic order and people’s daily activities. 

This Interpretation is hereby announced.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.







THE CIRCULAR OF THE SUPREME PEOPLE’S COURT ON BRINGING TRIAL FUNCTION INTO FULL PLAY AND TAKING PRACTICAL MEASURES TO MAINTAIN THE STABILITY OF ENTERPRISES AND SOCIETY

the Supreme People’s Court

The Circular of the Supreme People’s Court on Bringing Trial Function into Full Play and Taking Practical Measures to Maintain the
Stability of Enterprises and Society

Fa [2002] NO. 132

June 21, 2002

The Higher People’s Courts of all provinces, autonomous regions, and municipalities directly under the Central Government, Military
Courts of PLA, the Production and Construction Corp Branch of the Higher People’s Courts of Xinjiang Uyghur Autonomous Region:

Recently, the circumstances that the enterprise staff and workers assemble and the mass appeal to the higher authorities for help
occur continually in some places, which affects the enterprises’ normal production and operation order and local social stability.
Along with the deepening of the state-owned enterprises reform and the adjustment of economic structure, the deep-rooted contradictions
in the enterprises mechanism and internal interest conflicts of enterprises are becoming furious, and all kinds of contradictions
and disputes resulting from it will increase further. We shall attach importance to the situation that more and more internal interest
conflicts of enterprises are reflected in various trials of the people’s courts in the form of various litigations. The public pays
extensive attention to the cases in that the trials and enforcements of the people’s courts concern enterprises. If these cases are
dealt with incautiously, it will easily lead to mass events. It is the important task of the trial of people’s courts to bring trial
function into full play, deal appropriately with all kinds of contradictions and disputes concerning enterprises, maintain the enterprises’
normal production and operation order and the broad staff and workers’ legal rights and interests, and keep stability of enterprises
and society in the current and future period. Therefore it is hereby notified as follows:

1.

Overall situation consciousness shall be further strengthened, and the role of trial on the maintenance of the stability of enterprises
and society shall be brought into full play.

Enterprises are main market players in the socialist market economy system. Only when enterprises are enlivened can market be enlivened;
only when enterprises develop can economy develop; only when enterprises are stable can the society be stable. The reformation of
state-owned enterprises is the central part of the socialist market economy system. Nowadays, the reform of state-owned enterprises
is on the stage of assaulting fortified positions. While the paces of state-owned enterprises’ reorganization and transformation
accelerate, the adjustments in ownerships structure and industries structure is strengthened, the laid-off workers increase largely,
and the social security system is not perfect, some deep-rooted contradictions in the state-owned enterprises are displaying step
by step and the interest conflicts are becoming furious, which shows the features of outstanding contradictions and increasing disputes.
At the same time, many new circumstances and problems appear in the non-state enterprises during the process of rapid developments.
Especially in some enterprises with foreign investments, private enterprises and individual economic organizations, the violation
of the labor, security and social insurance laws and regulations and infringement on the legal rights and interests of staff and
workers exist in large numbers some of which are quite serious. The mass, sudden and vicious incidents resulted from labor-management
disputes happen frequently. If these problems can’t be solved timely and properly, it will not only interfere with internal reform,
production and operation of the enterprises gravely, but also cause disadvantage influences to the overall situations of state reform,
development and stability. The people’s courts are the judicial organs, and play an irreplaceable and important role in safeguarding
state-owned enterprises reform and keeping enterprises stable. The courts at all levels shall start from the high requirements of
adhering to Deng Xiaoping Theory and practicing “Three Represents” of comrade Jiang Zemin to recognize profoundly the importance
of safeguarding state-owned enterprises reform and maintaining enterprises stable and to strengthen further overall situation, responsibilities
and safeguard consciousness, adjudicate fairly and timely by law all kinds of cases relating to reform, development and stability
of enterprises, and make full use of the standardization, instructive, adjusting and safe-guard effect of law on various interest
relationship involved in the reform of enterprise. Not only shall the internal reform of enterprise be guarded, but also the legal
rights and interest of the workers shall be protected to ensure that the trial can obtain good legal effect and social effect. While
a people’s court handles cases strictly by laws, it shall pay attention to all-round work, and prevent contradictions from being
sharpened or state of affairs being expanded during the trials process. Especially as to the mass disputes, courts shall pay great
attention to them ideologically, organize the work elaborately, and dissolve contradictions, rationalize relations, stabilize popular
sentiments, and maintain orders through the trial of cases to provide powerful judicial safeguard and service to reform, development
and stability.

2.

The “strike-hard” campaign shall be continued deeply to create the sound public security environment for enterprises.

It is of great importance on the assurance of the reform of the state-owned enterprise and the development of various kinds of enterprise
to construct and maintain a long-term stable public security environment. Since the strike-hard campaign, the increasing trend of
criminal cases is limited to some extent, but the situation of public security is still austere. The courts at all levels shall continue
actively and effectively carrying out further the strike-hard campaign and do a good job in the trial of material criminal cases
and without delay. With respect to the criminal case in that the antagonism force, terrorist force, religious extremist force and
separatist force home and abroad, and the evil cult such as Fa Lun Gong make use of the difficulties of enterprises and the unstable
factors thus existed to conduct destruction and make troubles, the case in that criminal syndicate crimes and crimes by gangster
evil force that seriously undermine social security and the order of production and operation, the cases in that violent means are
adopted to revenge the society or the managers or employees of enterprises are killed due to the unsatisfactory with the reform of
state-owned enterprise, and the cases in that the assets of enterprises are plundered by crowd, stolen or the production materials,
equipments are destroyed on purpose shall be tried timely without any delay and the criminals thereof shall be severely punished
quickly with heavy penalty in accordance with law.

3.

Various economic crimes shall be punished severely according to law to protect the order of the socialist market economy.

The courts at all levels shall continue participating actively in the rectification and standardization of the order of socialist
market economy, and crack down upon, in accordance with law, all kinds of material crimes undermining the order of the socialist
market economy. The crimes infringing on the legal rights and interests of enterprise such as the production and sale of fake or
substandard commodities, upon trade mark rights, patent rights and commercial confidentialities, undermining the commercial creditability
and fame of commodities, bidding in collaboration, fraudulence of contracts and the crimes undermining the order of socialist market
economy such as smuggling, falsely filling out value-added tax invoices, tax evasion and refusal to pay tax by force, financial fraud,
illegal business activities shall be severely punished and dealt with in accordance with laws to maintain the rights and interests
of enterprise and the order of market management. And at the same time, the crimes materially impairing the rights and interests
of shareholders and investors such as the reporting falsely registered capital and drawing back the investment by the enterprise
or the staff of the enterprise, illegal absorbing public deposits, issuance of stock, bonds without authorization or by fraudulence,
inside trading, compiling and distributing false information, provision of false financial statements and warranties, rigging the
transaction price and disturbing the securities market shall be punished with severity in accordance with law.

4.

Various corruption crimes shall be punished severely according to law to protect the state-owned assets and the interests of the employees
of enterprises.

It is the current key point of the fight against corruption to do a good job in the trial of the corruption crimes of the leaders
and carders in the Party and political authorities, administrative executive authorities, judicial authorities and economic management
authorities and the leader and carders over a county or higher level and the leaders of state-owned enterprises, which is also the
demand of the maintenance of the stability of enterprise. The crimes such as the corruption and bribery, embezzlement of public money,
unauthorized partition of state-owned property, conducing business that is the same as that of the company or enterprise in which
one takes office, illegal profiteering for relatives and friends, especially crimes of peculation, unauthorized partition and embezzlement
state-owned assets taking the advantage of the reorganization, alliance, merge, lease, contract or adoption of stock system of state-owned
enterprise, crimes in that the social security funds of various kinds are defalcated, embezzled, partitioned collectively without
authorization, and the crimes of taking bribe, irregularities for favoritism, under-evaluation of state-owned assets that cause loss
to the state-owned assets during the process of the merger of enterprise involving the transfer of property post_titles shall be punished
severely in accordance with law. The civil servant who extorts and accepts property from non-state-owned enterprises by taking the
advantages of his position shall be severely punished. The anti-corruption fight shall be combined with the hard-strike rectification
and standardization of the order of the market economy and those corrupted and malpractice criminals who act as the back or shelter
for various kinds of crimes or shall be responsible to the material liability accident, material laboring safety accident, material
project safety accident shall be severely punished in accordance with laws.

5.

The work concerning civil, commercial and administrative trial and enforcement shall be handled well to create a sound social environment
for the legal system for reform and development of enterprises.

The courts shall do a good job in the trial of the dispute case that occurs in the reorganization, combination, merger, contract,
and investment to enterprises to safeguard the smooth completion of the strategic reorganization of state-owned enterprise. The cases
involving the merger, bankruptcy and shut-down of the state-owned large or medium enterprise shall be dealt with properly strictly
in accordance with the relevant laws, regulations, rules, policies and judicial interpretations; with respect to the assets reorganization
cases involving the change of property right such as enterprises merger etc., the assets appraisal shall be standardized strictly
by laws so as not only to prevent the state-owed assets from flowing out, to prevent bank loans or state tax money from evasion and
abandonment or from turning into mere figurehead, but also to promote enterprises to increase capital and decrease debts and realize
the assets reorganization. The courts shall do a good job in the hearing of the case with disputes occurred in establishment and
improvement of modern-enterprise system of the state-owned enterprises by laws to maintain according to law the managerial autonomy
and the state administration of state-owned assets. And the trial of the cases involving stock rights, creditor’s rights, debt of
the state-owned enterprises shall be done well to safeguard and promote the strengthen of direct investment and financing of enterprises,
and to maintain the controlling ability of state-owed economy and the lawful rights and interests of banks and other creditors. The
labor deputes cases shall be tried timely and properly to protect the lawful rights and interests of laborers by laws, promote the
reform of labor system, and at the same time support enterprises to strengthen and improve the managements. The way of trial shall
be used to solve timely and fairly the disputes occurred in the process of economic communications of enterprises and to protect
the enterprises that participate in fair competition and engage in the lawful operation, and to maintain the market economic order
and transaction safety. The administrative cases involving state-owned enterprise shall be tried in accordance with laws. The arbitrary
charge, arbitrary fines and arbitrary apportion and other activities infringing on the legal rights and interests of enterprise shall
be strictly forbidden and the exercise of administrative functions according to law by the administrative authorities shall be supported.
The case involving the key projects or engineer construction with big disputed amount and influencing greatly the production and
development shall be quickly registered and tried, and concluded timely. Courts at all levels shall conclude timely the civil and
commercial cases relating to the stability of the enterprise in accordance with law. And those law-violating activities by taking
the advantage of the transformation of enterprise to avert or evade the liabilities shall be punished severely so that the legal
rights of the infringed enterprise can be protected.

All courts shall maintain, in accordance with law, the specific administrative act made in accordance with law by the administrative
authorities in the rectification and standardization of the market order. The people’s court shall revoke the administrative act
that is made by administrative authorities and encroaches the operation autonomy rights of enterprise. Where the administrative authorities
fail to exercise statutory duties so that the legal rights and interests of enterprise can’t be protected, the people’s court shall
determine the administrative authorities to perform its statutory duties.

The execution concerning the interests of the enterprise, especially of enterprise in difficulties shall be done well to eliminate
the unstable factors due to weak execution. Practical measures shall be taken to solve the execution of the debt of enterprise and
to overcome the local protectionism and powerful measures shall be taken to solve the difficulty of execution in different cities.
The executing courts shall pay attention not only to prevention of the social unstable factors due to weak execution, but also to
the social unstable factors arising from arbitrary execution. With respect to the execution case concerning the stability of enterprise,
special attention shall be paid, based on precondition of execution in accordance with law, to the execution art and execution methods
and the combination of legal effects and social effects of execution.

6.

The reception of the appeal of the mass to higher authorities for help shall be done well and the group appeal instance shall be dealt
with appropriately

The courts at all levels shall pay special attention to the contradictions among the people under this new situation, and take practical
measures to do a good job in dealing with accurately the contradiction among the people as the political task in maintaining the
stability of the enterprise. The appeal by letter or by visit shall be handled as of the same importance of trial. The appeal by
letter or by visit of the mass shall be done well and carefully to dissolve the contradiction. With respect to the appealer, especially
the group appealers of laid-off workers, they shall be patiently educated and guided; the people’s court shall earnestly find out
their difficulties and give assistance to solve real problems to prevent the intensification of the contradiction. The channels shall
be broadened and the horizontal communication shall be strengthened. Active contact with related authorities shall be made to bring
forward negotiating and assisting proposals with respect to the complicated and difficulty appeal cases. The appeal visitors shall
be guided properly and protected in accordance with law in the exercise of rights. The work of stopping litigation and obeying the
decision by related parties shall be done well and the dissemination of laws, persuasion and education shall be strengthened to dissolve
the antagonizing mood of these parties. The case with surely wrong decision shall be registered timely for examination and the error
shall be corrected in accordance with legal procedures to maintain the legal rights and interests of the parties. Where the former
decision is right and the parties thereto who do not have appeal causes stick to appeal for a long time, effective measures shall
be taken based on the support strived for from related authorities, to solve this problem and to maintain the regular work order
of the people’s court.

7.

They shall participate actively in the comprehensive governing of maintaining the stability of enterprise and the society in combination
with the trial

Courts at all levels shall summarize continuously the experience of trials concerning the interests of many employees of the enterprise
and give suggestion and plan concerning the stability of enterprise to related authorities by way of judicial advice. Laws shall
be disseminated in combination with the typical case of protecting the legal rights and interests of the enterprise legally operated
and the employees of enterprises and by many ways to maintain the authority of the Party, the government and the judicial authorities
and increase the awareness and ability of the mass to maintain the rights and interests of themselves by legal measures.

8.

They shall strengthen the leadership and specify the liability and implement the work of maintaining the stability of enterprise and
society.

This year is the first year after the entry of our country into WTO and the Sixteenth National Congress of the CPC is about to be
held. It is of special importance to do well all kinds of trial and take practical measures to maintain the stability of enterprise
and society. The leaders of courts at all levels shall take practical measures to strengthen the leadership in the maintenance of
the stability, establish capable work agency based on the existing team of leaders for the maintenance and in combination with the
division of trial work to perfect all systems, specify the scope of function and liability and do well the implementation. In combination
with the trial work and the reality, the situation shall be periodically analyzed to get clear about the problems and case that influence
or may influence the stability of enterprise and society and promulgate practical and feasible counter measures and implement them
without delay to assure the real effect. Courts at all levels shall stick to the rules to report material events to the local committee
of the Party and related authorities timely and level by level, find out the symptom and information of the factors that might influence
the stability of enterprise and society. With respect to the events influencing the stability occurred or found out in the trial,
in addition to the control measured that shall be quickly adopted, it shall be timely reported level by level without delay and disguise.
Special attention shall be paid to the prevention of the occurrence of the material events influencing the stability of enterprise
and society due to mistakes in the trial. Courts at all levels shall, after the receipt of this circular, put forward implementing
measures in combination of the local reality and submit to us the written report of the implementation.



 
the Supreme People’s Court
2002-06-21

 







CIRCULAR OF CHINA SECURITIES REGULATORY COMMISSION ON THE ISSUE CONCERNING ALTERATION ON SORTS OF NONNEGOTIABLE SHARES OF THE LISTED COMPANY

The China Securities Regulatory Commission

Circular of China Securities Regulatory Commission on the Issue Concerning Alteration on Sorts of Nonnegotiable Shares of the Listed
Company

ZhengJianShiChangZi [2000] No.14

August 16, 2000

Shanghai and Shenzhen Stock Exchange:

With a view to regulating the registration of securities relating to alteration of the sorts of listed company’s shares, and coordinating
measures of reforming securities market, hereby notify the related matters concerning alteration of registration which shall be made
after state-owned stock equity of listed company’s nonnegotiable shares is transferred:

In case state-owned stock of listed company is transferred between state’s owned legal persons, the sort of the transferred shares
shall still be registered as state-owned shares; in case transferee is not the state’s owned legal person (including non-state’s
holding company) or other investors, the transferred stock equity can be registered as other sorts of nonnegotiable share, if:

1.

the transferor gets approval from the Ministry of Finance by instrument in writing; or

2.

it is executed according to the final judgment of court; or

3.

it is auctioned directed or authorized by the court.

4.

The Ministry of Finance will set special regulations on state-owned shares of listed company after the promulgation of this circular.
Then transferors transact according to the regulations.

This circular shall go into effect as of the date of its promulgation.

If the relevant articles of the document ShiChangZhengJianZi No.8 disaccords with this circular, execute according to this circular.



 
The China Securities Regulatory Commission
2000-08-16

 







ORGANIC LAW OF THE LOCAL PEOPLE’S CONGRESS AND LOCAL PEOPLE’S GOVERMENTS




Organic Law of the Local People’s Congress and Local People’s Goverments of the PRC

    

CHAPTER I GENERAL PROVISIONS

CHAPTER II LOCAL PEOPLE’S CONGRESSES AT VARIOUS LEVELS

CHAPTER III THE STANDING COMMITTEES OF LOCAL PEOPLE’S CONGRESSES AT AND ABOVE THE COUNTY LEVEL

CHAPTER IV LOCAL PEOPLE’S GOVERNMENTS AT VARIOUS LEVELS

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 1 People’s congresses and people’s governments shall be established in provinces, autonomous regions, municipalities directly under
the Central Government, autonomous prefectures, counties, autonomous counties, cities, municipal districts, townships, nationality
townships, and towns.

   Article 2 Standing committees shall be established by local people’s congresses at and above the county level.

   Article 3 The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties shall, in addition to exercising
the functions and powers specified in this Law, exercise the power of autonomy within the limits of their authority as prescribed
by the Constitution, the Law on Regional National Autonomy and other laws.

CHAPTER II LOCAL PEOPLE’S CONGRESSES AT VARIOUS LEVELS

   Article 4 Local people’s congresses at various levels shall be local organs of state power.

autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts
shall be elected by the people’s congresses at the next lower level; deputies to the people’s congresses of counties, autonomous
counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns shall be elected directly
by their constituencies.

The number of deputies to the local people’s congresses at various levels and the manner of their election shall be prescribed by
the electoral law. There shall be an appropriate number of deputies elected from the minority nationalities in each administrative
area.

   Article 6 The term of office of the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government,
autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be five years. The term of office of
the people’s congresses of townships, nationality townships and towns shall be three years; The term of office of the people’s congresses
of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous
counties, cities and municipal districts shall be five years. The term of office of the people’s congresses of townships, nationality
townships and towns shall be three years.

   Article 7 The people’s congresses of provinces, autonomous regions, and municipalities directly under the Central Government may, in the light
of the specific conditions and actual needs of their respective administrative areas, formulate and promulgate local regulations,
which must not contravene the Constitution, the law and administrative rules and regulations; they shall report such local regulations
to the Standing Committee of the National People’s Congress and the State Council for the record.

The people’s congresses of cities where provincial and autonomous regional people’s governments are located and the people’s congresses
of relatively large cities with the approval of the State Council may, in the light of the specific conditions and actual needs of
their respective cities, formulate local regulations, which must not contravene the Constitution, the law, administrative rules and
regulations, and the local regulations of their respective provinces and autonomous regions; they shall report such local regulations
to the standing committees of the people’s congresses of the respective provinces and autonomous regions for approval before implementation
and for submission to the Standing Committee of the National People’s Congress and the State Council for the record.

   Article 8 Local people’s congresses at and above the county level shall exercise the following functions and powers:

(1) to ensure the observance and execution, in their respective administrative areas, of the Constitution, the law, administrative
rules and regulations and the resolutions of the people’s congresses and their standing committees at higher levels, and to ensure
the implementation of the state plan and the state budget;

(2) to examine and approve the plans for national economic and social development and budgets of their respective administrative areas
and the reports on the implementation of such plans and budgets;

(3) to discuss and decide on major issues in political, economic, educational, scientific, cultural, public health, protection of
the environment and natural resources and civil and nationality affairs in their respective administrative areas;

(4) to elect the members of their respective standing committees;

(5) to elect governors and deputy governors, chairmen and vice-chairmen of autonomous regions, mayors and deputy mayors, prefects
and deputy prefects, and heads and deputy heads of counties and districts;

(6) to elect the presidents of the people’s courts and the chief procurators of the people’s procuratorates at the corresponding levels;
the election of the chief procurator of a people’s procuratorate shall be reported to the chief procurator of the people’s procuratorate
at the next higher level, who shall submit it to the standing committee of the people’s congress at that same level for approval;

(7) to elect deputies to the people’s congresses at the next higher level;

(8) to hear and examine reports on the work of the standing committees of the people’s congresses at the corresponding levels;

(9) to hear and examine reports on the work of the people’s governments, the people’s courts and the people’s procuratorates at the
corresponding levels;

(10) to alter or annul inappropriate resolutions of the standing committees of the people’s congresses at the corresponding levels;

(11) to annul inappropriate decisions and orders of the people’s governments at the corresponding levels;

(12) to protect the socialist property owned by the whole people, property owned collectively by working people and citizens’ legitimate
private property, maintain public order and safeguard citizens rights of the person and their democratic and other rights;

(13) to protect the legitimate rights and interests of various economic organizations;

(14) to safeguard the rights of minority nationalities; and

(15) to safeguard women’s rights as endowed by the Constitution and the law, such as equality with men, equal pay for equal work and
freedom of marriage.

   Article 9 The people’s congresses of townships, nationality townships, and towns shall exercise the following functions and powers:

(1) to ensure the observance and execution, in their respective administrative areas, of the Constitution, the law, administrative
rules and regulations, and the resolutions of the people’s congresses and their standing committees at higher levels;

(2) to adopt and promulgate resolutions within the scope of their functions and powers;

(3) to decide, in accordance with state plans, on plans for the development of the economy, cultural affairs and public services in
their respective administrative areas;

(4) to examine and approve the budgets of their respective administrative areas as well as the reports on the implementation of the
budgets;

(5) to decide on plans for civil affairs in their respective administrative areas;

(6) to elect the chairman and vice-chairmen of the people’s congress at the corresponding level;

(7) to elect heads and deputy heads of townships and towns;

(8) to hear and examine reports on the work of the people’s governments of townships, nationality townships, and towns;

(9) to annul inappropriate decisions and orders of the people’s governments of townships, nationality townships, and towns;

(10) to protect the socialist property owned by the whole people, property owned collectively by working people and citizens’ legitimate
private property, to maintain public order and safeguard citizens’ rights of the person and their democratic and other rights;

(11) to protect the legitimate rights and interests of various economic organizations;

(12) to safeguard the rights of minority nationalities; and

(13) to safeguard women’s rights as endowed by the Constitution and the law, such as equality with men, equal pay for equal work and
freedom of marriage.

In exercising their functions and powers, the people’s congresses of townships, nationality townships, and towns in which minority
nationalities live in concentrated communities shall adopt specific measures appropriate to the characteristics of the nationalities
concerned.

   Article 10 Local people’s congresses at various levels shall have the power to remove from office members of the people’s governments at the
corresponding levels. Local people’s congresses at or above the county level shall have the power to remove from office members of
their standing committees and the presidents of the people’s courts and the chief procurators of the people’s procuratorates elected
by those standing committees. The removal of the chief procurator of a people’s procuratorate shall be reported to the chief procurator
of the people’s procuratorate at the next higher level, who shall submit the matter to the standing committee of the people’s congress
at that same level for approval.

   Article 11 Local people’s congresses at various levels shall meet in session at least once a year.

A session of a local people’s congress may be convened at any time upon the proposal of one-fifth of its deputies.

   Article 12 Sessions of local people’s congresses at or above the county level shall be convened by their standing committees.

   Article 13 A preliminary meeting shall be held for each session of a local people’s congress at or above the county level to elect the presidium
and secretary-general of that session, adopt the agenda for the session and decide on other preparations.

The preliminary meeting shall be presided over by the standing committee of the people’s congress. The preliminary meeting for the
first session of a people’s congress shall be presided over by the standing committee of the preceding people’s congress at the corresponding
level.

When a local people’s congress at or above the county level meets, its session shall be conducted by the presidium.

When a local people’s congress at or above the county level meets, it shall propose a number of deputy secretaries-general; the choice
of deputy secretaries-general shall be decided by the presidium.

   Article 14 The people’s congress of a township, nationality township or town shall have a chairman, and may have one or two vice-chairmen.
The chairman and vice-chairmen shall be elected from among the deputies to the people’s congress at the corresponding level, and
their term of office shall be the same as that of each people’s congress at that level.

The chairman or vice-chairmen of the people’s congress of a township, nationality township or town shall not concurrently hold office
in an administrative organ of the State; if they hold office in an administrative organ of the State, they must resign from the post
of the chairman or vice-chairmen of the people’s congress at that level.

The chairman or vice-chairmen of the people’s congress of a township, nationality township or town shall, during the period when the
people’s congress at the corresponding level is not in session, be responsible for keeping in touch with the deputies to the people’s
congress at that level, organizing the deputies to conduct activities, and conveying the suggestions, criticisms and opinions of
the deputies and the masses regarding the work of the people’s government at the same level.

   Article 15 When the people’s congress of a township, nationality township, or town holds a session, it shall elect a presidium, which shall
preside over the session and be responsible for convening the next session of that people’s congress. The chairman and vice-chairmen
of the people’s congress of a township, nationality township or town shall be the members of the presidium. The chairman and vice-chairmen
of the people’s congress of a township, nationality township or town shall be the members of the presidium.

   Article 16 The first session of each local people’s congress at any level shall be convened, within two months after the election of its deputies,
by the standing committee of the preceding people’s congress at the corresponding level or by the presidium of the preceding session
of the people’s congress of the township, nationality township, or town.

   Article 17 Members of the local people’s governments at or above the county level, the presidents of the People’s Courts, the chief procurators
of the People’s Procuratorates, and the leading persons of the people’s governments at the township level shall attend sessions of
the people’s congresses at the corresponding levels as nonvoting delegates; leading members of the other relevant government departments
and public organizations at or above the county level may, by decision of the standing committees of the people’s congresses at the
corresponding levels, attend sessions of the people’s congresses at the corresponding levels as nonvoting delegates.

   Article 18 When a local people’s congress holds its sessions, its presidium, standing committee and special committees and the people’s government
at the corresponding level may submit bills and proposals to that people’s congress within the scope of its functions and powers.
The presidium shall decide to refer such bills and proposals to a session of the people’s congress for deliberation, or to simultaneously
refer them to relevant special committees for deliberation and reports before the presidium decides, upon examination of such reports,
to submit them to the people’s congress for a vote.

Ten or more deputies to a local people’s congress at or above the county level, or five or more deputies to the people’s congress
of a township, nationality township, or town may jointly submit a bill or proposal to the people’s congress at the corresponding
level within the scope of its functions and powers. The presidium shall decide whether to place the bill or proposal on the agenda
of the people’s congress or to first refer it to a relevant special committee for deliberation and a recommendation on whether to
place it on the agenda before the presidium makes such a decision.

With agreement of the presidium, deliberation shall be terminated on a bill or proposal placed on the agenda of a session, if the
party that submitted the bill or proposal requests its withdrawal before it is referred to the congress for a vote.

   Article 19 Suggestions, criticisms and complaints on any aspect of work put forward by deputies to a local people’s congress at or above the
county level to that people’s congress and its standing committee shall be referred by the administrative office of the standing
committee to the departments and organizations concerned for consideration, disposition and reply.

Suggestions, criticisms and complaints on any aspect of work put forward by deputies to the people’s congress of a township, nationality
township, or town to that people’s congress shall be referred by its presidium to the departments and organizations concerned for
consideration, disposition and reply.

   Article 20 When a local people’s congress conducts an election or adopts a resolution, a majority vote of all the deputies shall be required.

   Article 21 Members of the standing committee of local people’s congresses at or above the county level, choices for chairmen and vice- chairmen
of the people’s congresses of townships, nationality townships or towns, governors and deputy governors, chairmen and vice-chairmen
of autonomous regions, mayors and deputy mayors, heads and deputy heads of prefectures, heads and deputy heads of counties, districts,
townships and towns, presidents of the People’s Courts and chief procurators of the People’s Procuratorates shall be nominated by
the presidiums of the people’s congresses at the corresponding levels or jointly nominated by deputies in accordance with the provisions
of this Law.

Thirty or more deputies to the people’s congress of a province, autonomous regions or municipality directly under the Central Government,
or twenty or more deputies to the people’s congress of a city divided into districts or of an autonomous prefecture, or ten or more
deputies to the people’s congress at the county level may nominate, with joint signatures, the candidates for members of the standing
committee of the people’s congress at the corresponding level, leading persons of the people’s government, the president of the People’s
Court and the chief procurator of the People’s Procuratorate at the same level. Ten or more deputies to the people’s congress of
a township, nationality township or town may nominate, with joint signatures, candidates for the chairman and vice-chairmen of the
people’s congress at the corresponding level and leading persons of the people’s government at the same level. Deputies elected from
different electoral districts or electoral units may deliberate on and jointly nominate candidates.

The number of candidates nominated by a presidium or jointly nominated by each deputy together with other deputies shall not exceed
the number of persons to be elected.

Nominators shall make a trustful introduction of their nominees.

   Article 22 In elections for chairmen and secretaries-general of the standing committees of the people’s congresses, chairmen of the people’s
congresses of townships, nationality townships or towns, heads of people’s governments, presidents of the People’s Courts and chief
procurators of the People’s Procuratorates, there shall generally be one more candidate than the number of persons to be elected,
and a competitive election shall be conducted. If only one candidate is nominated, a non-competitive election may be conducted. In
elections for vice-chairmen of the standing committees of the people’s congresses, deputy chairmen of the people’s congresses of
townships, nationality townships or towns, and deputy heads of the people’s governments, there shall be one to three more candidates
than the number of persons to be elected; in elections for members of the standing committees of the people’s congresses, there shall
be one-tenth to one-fifth more candidates than the number of persons to be elected. The specific differential number shall be prescribed
by the people’s congresses at the corresponding levels in the electoral measures on the basis of the number of persons to be elected.
And the competitive election shall be conducted. If the number of candidates nominated is the same as the differential number prescribed
in the electoral measures, the presidium of a people’s congress shall submit the list of candidates to the deputies for deliberation
and discussion, before election is conducted. If the number of candidates nominated exceeds the differential number prescribed in
the electoral measures, a preliminary election shall be conducted after the deputies deliberate and discuss the list of candidates
submitted by the presidium, and an official list of candidates shall, in accordance with the differential number prescribed in the
electoral measures, be determined by order of the votes that the candidates obtain in the preliminary election, and then election
shall be conducted.

When leading persons of State organs at the corresponding levels are to be elected by local people’s congresses at or above the county
level, the time for nomination and consideration of candidates shall be not less than two days.

   Article 23 Elections shall be conducted by secret ballot. The deputies may vote for or against any of the candidates that have been determined,
or may instead elect any other deputies or voters or abstain from voting.

   Article 24 In elections for leading persons of State organs conducted by local people’s congresses at the corresponding levels, when the number
of candidates who obtain more than half of the votes exceeds the number of leading persons to be elected, those who obtain more votes
shall be elected. If the number of votes for some candidates is tied, thus making it impossible to determine the elected, another
balloting shall be conducted for those candidates to resolve the tie, and those who obtain more votes shall be elected.

If the number of the elected persons who obtain more than half of the votes is less than the number of persons needed to be elected,
another election shall be held to make up the difference, the candidates for another election may be determined by order of the votes
they obtain in the first balloting, or may be nominated and determined in accordance with the procedures provided by this Law. Another
election for making up the difference may be held at the current session or the next session of the people’s congress upon decision
by the people’s congress at the corresponding level.

When another election is held to elect the vice-chairmen and members of the standing committee of a people’s congress, the vice-chairmen
of the people’s congress of a township, nationality township or town, and the deputy heads of a people’s government, competitive
election shall be conducted after the differential number is determined in accordance with the provisions in the first paragraph
of Article 22 of this Law.

   Article 25 When by-elections are held by the local people’s congresses at various levels for chairmen, vice-chairmen, secretaries-general and
members of their standing committees, chairmen, and vice-chairmen of the people’s congresses of townships, nationality townships
or towns, governors, deputy governors, chairmen and vice-chairmen of autonomous regions, mayors, deputy mayors, prefects, deputy
prefects, heads and deputy heads of counties, districts, townships and towns, presidents of people’s courts, and chief procurators
of people’s procuratorates, the number of candidates may exceed or equal the number of vacancies, and the election procedures and
methods shall be decided by the people’s congresses at the corresponding levels.

   Article 26 When a local people’s congress at or above the county level is in session, its presidium, its standing committee, or a joint group
of at least one tenth of its deputies may submit a proposal to remove from office members of its standing committee or members of
the people’s government, the president of the people’s court or the chief procurator of the people’s procuratorate at the corresponding
level; the presidium shall refer such proposals to the congress for deliberation.

When the people’s congress of a township, nationality township or town is in session, the presidium or a group of at least one-fifth
of the deputies may submit a proposal to remove from office the chairman or vice-chairmen of the people’s congress, the head or deputy
heads of the township or town; the presidium shall refer the proposal to the congress for deliberation.

In a proposal for removal from office, reasons for the removal shall clearly be stated.

Persons proposed to be removed from office shall have the right to defend themselves at a meeting of the presidium or at the plenary
meeting of a session, or to submit their written defence. The defence made at the meeting of the presidium or the written defence
shall be printed and distributed to participants of the session by the presidium.

The proposal for removal from office submitted to a local people’s congress at or above the county level shall, after being distributed
by the presidium to the participants for deliberation, be submitted to the plenary meeting of the session for voting; or the presidium
shall, subject to decision of the plenary meeting of the session, propose to organize an investigation committee, and the proposal
for removal from office shall be deliberated and decided at the next session of the people’s congress at the corresponding level
on the basis of the report prepared by the investigation committee.

   Article 27 A component member of the standing committee of a local people’s congress at or above the county level, a leading person of a local
people’s government, the president of a People’s Court or the chief procurator of a People’s Procuratorate at or above the county
level may submit the resignation to the people’s congress at the corresponding level, which shall decide whether or not to accept
the resignation; if the people’s congress is not in session, such resignations may be submitted to its standing committee, which
shall decide whether or not to accept the resignations. If the standing committee decides to accept a resignation, it shall report
it to its people’s congress for the record. A resignation of the chief procurator of a people’s procuratorate must be reported to
the chief procurator of the people’s procuratorate at the next higher level, who shall refer it to the standing committee of the
people’s congress at the corresponding level for approval.

The chairman or vice-chairman of the people’s congress of a township, nationality township or town, the head or deputy head of a township
or town may submit his resignation to the people’s congress at the corresponding level, which shall decide whether or not to accept
the resignation.”

   Article 28 When a local people’s congress at any level is in session, a group of at least ten of the deputies may submit a written proposal
for addressing questions to the people’s government or any of its departments, the People’s Court or the People’s Procuratorate at
the corresponding level. In the proposal shall clearly be stated to whom the questions are addressed and the specific questions themselves.

The presidium shall decide whether to refer the proposal to the organ addressed for an oral reply at the meeting of the presidium,
or at the plenary meeting of a session, or at the meeting of a relevant special committee, or for a written reply. Where a reply
is made at a meeting of the presidium or of the special committee, the deputies who submit the proposal shall have the right to attend
the meeting as nonvoting delegates and express their opinions; when the presidium considers it necessary, it may have the report
on the reply printed and distributed to the session.

If the reply is to be made orally, the leading person of the organ addressed shall be present at the meeting to give the reply; if
the reply is to be made in writing, it shall be signed by the leading person of the organ addressed, and the presidium shall have
it printed and distributed to the session or to the deputies who address the questions.

   Article 29 When a local people’s congress at any level examines a bill or proposal, its deputies may address questions to the local state organs
concerned, which shall send their personnel to the congress to give explanations.

   Article 30 The people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures
and cities divided into districts may, where necessary, establish special committees such as legislative (political and law) committees,
finance and economic committees, and education, science, culture and public health committees. The special committees shall work
under the direction of the respective people’s congresses; when the people’s congresses are not in session, they shall work under
the direction of the standing committees of the people’s congresses.

Nominations for the chairman, vice-chairmen and members of a special committee shall be made by the presidium from among the deputies
and approved by the people’s congress. When the people’s congress is not in session, its standing committee may appoint additional
individual vice- chairmen and some members of the special committees through nomination by its council of chairmen and approval by
a meeting of the standing committee.

The special committees shall discuss, examine and draw up relevant bills and draft resolutions under the direction of the people’s
congresses and their standing committees at the corresponding levels; they shall make investigations and studies of, and put forward
proposals on matters related to those committees and within the scope of functions and powers of the respective people’s congresses
and their standing committees.

   Article 31 A local people’s congress at or above the county level may appoint an investigation committee on specific questions.

The presidium or a group of at least one-tenth of the deputies may submit to the session of the people’s congress a proposal for organizing
an investigation committee on specific questions, which shall be submitted by the presidium to the plenary meeting for decision.

An investigation committee shall be composed of a chairman, vice- chairmen and members, who shall be nominated by the presidium from
among the deputies and be submitted to the plenary meeting for approval.

An investigation committee shall present an investigation report to the people’s congress at the corresponding level. And the people’s
congress may make an appropriate resolution on the basis of the report presented by the investigation committee. The people’s congress
may authorize its standing committee to listen to the investigation report of the investigation committee, and the standing committee
may make an appropriate resolution and report to the next session of the people’s congress for the record.

   Article 32 The credentials committee established at the first session of each people’s congress of a township, nationality township, and town
shall exercise its functions and powers until the term of office of that people’s congress expires.

   Article 33 The term of office of the deputies to a local people’s congress at any level shall begin with the first session of that people’s
congress and shall expire at the first session of the succeeding people’s congress at the same level.

   Article 34 Deputies to local people’s congresses at various levels and members of their standing committees may not be legally liable for their
speeches and voting at sessions of the people’s congresses or meetings of their standing committees.

   Article 35 No deputy to a local people’s congress at or above the county level may be arrested or placed on criminal trial without the consent
of the presidium of that people’s congress or, when the people’s congress is not in session, without the consent of its standing
committee. If a deputy is caught in the act of crime and detained, the public security organ executing the detention shall immediately
report the matter to the presidium or the standing committee of that people’s congress.

   Article 36 When deputies to local people’s congresses at various levels attend people’s congress sessions or perform their duties as deputies,
the state shall, as

INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE FIRST PARAGRAPH OF ARTICLE 384 OF THE CRIMINAL LAW

Interpretation by the Standing Committee of the National People’s Congress Regarding the First Paragraph of Article 384 of the Criminal
Law of the People’s Republic of China

(Adopted at the 27th Meeting of the Standing Committee of the Ninth National People’s Congress on April 28, 2002) 

Having discussed the implication of a State functionary who, taking advantage of his position, misappropriates public funds “for
his own use” as prescribed in the first paragraph of Article 384 of the Criminal Law, the Standing Committee of National People’s
Congress gives the interpretation as follows: 

Whoever is found to be in any of the following circumstances shall be deemed to be misappropriating public funds “for his own use”: 

(1) providing public funds to himself, his relatives or friends or to other natural persons for use; 

(2) providing public funds in his own name to other units for use; or 

(3) deciding himself in the name of his unit to provide public funds to other units for use, in order to obtain personal benefits
in return.     

This Interpretation is hereby announced.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.




AGREEMENT BETWEEN THE PEOPLE’S REPUBLIC OF CHINA AND BOSNIA AND HERZEGOVINA ON THE PROMOTION AND PROTECTION OF INVESTMENTS

AGREEMENT BETWEEN THE PEOPLE’S REPUBLIC OF CHINA AND BOSNIA AND HERZEGOVINA ON THE PROMOTION AND PROTECTION OF INVESTMENTS

The People’s Republic of China and Bosnia and Herzegovina, (hereinafter referred to as “the Contracting Parties”),

Desiring to extend and intensify the economic co-operation between the Contracting Parties on the basis of equality and mutual benefit;

Intending to create and maintain favourable conditions for greater investment by investors of one Contracting Party in the territory
of the other Contracting Party;

Recognising that the promotion and reciprocal protection of such investments under this Agreement will be conducive to the stimulation
of business initiative and will increase economic prosperity of the Contracting Parties;

Have agreed as follows:

Article 1

Definitions

For the purposes of this Agreement:

1.

The term “investment” means every kind of asset invested by an investor of one Contracting Party in the territory of the other Contracting
Party in accordance with the laws and regulations of the latter and in particular, though not exclusively, shall include:

a)

Movable and immovable property as well as any other property rights such as mortgages, liens, pledges and similar rights;

b)

Shares in, debentures, stocks and any other form of participation in companies;

c)

Claims to money or to any performance having an economic value related to an investment;

d)

Intellectual property rights such as copyrights and neighbouring rights, patents, industrial designs, technological process, trademarks,
trade names, good-will and know-how;

e)

Business concessions conferred by law or under contract permitted by law, including concessions to search for, cultivate, extract
and exploit natural resources.

Any subsequent change in the form in which assets are invested or reinvested shall not affect their character as investments provided
that such change is in accordance with the laws and regulations of the Contracting Party in whose territory the investment has been
made.

2.

The term “investor” means:

a)

In respect of Bosnia and Herzegovina:

(i)Natural persons deriving their status as Bosnia and Herzegovina citizens from the law in force in Bosnia and Herzegovina if they
have permanent residence or main place of business in Bosnia and Herzegovina;

(ii)Legal persons established in accordance with the laws in force in Bosnia and Herzegovina, which have their registered seat, central
management or main place of business in the territory of Bosnia and Herzegovina.

(b) In respect of the People’s Republic of China:

(i)Natural persons who have nationality of the People’s Republic of China in accordance with the law of the People’s Republic of China;

(ii)Economic entities, including companies, corporations, associations, partnerships and other organizations, incorporated and constituted
under the laws and regulations of the People’s Republic of China and have their seats in the People’s Republic of China, irrespective
of whether or not for profit and whether their liabilities are limited or not.

3.

The term “return” means an amount yielded by an investment in particular, though not exclusively, including royalties or licence fees,
profits, interest, dividends, capital gains, fees and other legitimate income.

4.

The term “territory” means:

a)

With respect to Bosnia and Herzegovina: all land territory of Bosnia and Herzegovina, its territorial sea, whole bed and subsoil and
air space above, including any maritime area situated beyond the territorial sea of Bosnia and Herzegovina which has been or might
in the future be designated under the law of Bosnia and Herzegovina in accordance with international law as an area within which
Bosnia and Herzegovina may exercise rights with regard to the seabed and subsoil and the natural resources.

b)

With respect to the People’s Republic of China: the territory of the People’s Republic of China, including the territorial sea and
air space above it, as well as any area beyond its territorial sea within which China has sovereign rights of the exploration for
and exploitation of resources of the seabed and its sub-soil and superjacent water resources in accordance with Chinese law and international
law.

Article 2

Promotion and Protection of Investments

1.

Either Contracting Party shall encourage and create favourable, stable and transparent conditions for investors of the other Contracting
Party to make investment in its territory and shall admit such investments, within the framework of its laws and regulations.

2.

Investments of investors of each Contracting Party shall at all times be accorded fair and equitable treatment and shall enjoy full
protection and security in the territory of the other Contracting Party. Neither Contracting Party shall in any way impair by unreasonable
or discriminatory measures the expansion, management, maintenance, use, enjoyment or disposal of investments in its territory of
investors of the other Contracting Party.

3.

Subject to its laws and regulations, one Contracting Party shall provide assistance in and facilities for obtaining visas and working
permit to nationals of the other Contracting Party engaging activities associated with investments made in the territory of that
Contracting Party.

Article 3

Treatment of Investment

1.

Each Contracting Party shall accord to investments and activities associated with such investments by the investors of the other Contracting
Party treatment no less favourable than that accorded to investments and activities by its own investors or investors of any third
State.

2.

Each Contracting Party shall observe any commitments it may have entered into with the investors of the other Contracting Party with
regard to their investments.

3.

If the provisions of law of either Contracting Party or obligations under international law existing at present or established hereafter
between the Contracting Parties in addition to the present Agreement contain a regulations, whether general or specific, entitling
investments by investors of the other Contracting Party to a treatment more favourable than is provided for by the present Agreement,
such regulations shall, to the extent that they are more favourable, prevail over the present Agreement, as long as they last.

4.

The provisions of paragraphs 1 to 3 of this Article shall not be construed so as to oblige one Contracting Party to extend to the
investors of the other Contracting Party the benefit of any treatment, preference or privilege by virtue of:

a)

agreements establishing customs unions, economic unions, monetary unions or similar institutions, or on the basis of interim agreements
leading to such unions or institutions;

b)

any international agreements or international arrangements relating wholly or mainly to taxation;

c)

any international agreement or arrangement for facilitating frontier trade and small scale investments in border areas.

Each Contracting Party shall accord to investments and activities associated with such investments by the investors of the other Contracting
Party treatment no less favourable than that accorded to investments and activities by its own investors or investors of any third
State.

Article 4

Expropriation

1.

Neither Contracting Party shall expropriate, nationalize or take other similar measures (hereinafter referred to as “expropriation”)
against the investments of the investors of the other Contracting Party in its territory, unless the following conditions are met:

a)

for the public interests;

b)

under domestic legal procedure;

c)

without discrimination:

d)

against compensation.

2.

The compensation mentioned in paragraph 1 of this Article shall be equivalent to the value of the expropriated investments immediately
before the expropriation is taken or before the impending expropriation becomes public knowledge, which is earlier. The value shall
be determined in accordance with generally recognized principles of valuation. The compensation shall include interest at a current
commercial rate applicable to the currency in which the investment was originally made from the date of expropriation until the date
of payment. The compensation shall also be made without delay, be effectively realizable and freely transferable.

3.

The affected investors of either Contracting Party shall have a right, under the law of the Contracting Party making the expropriation,
to prompt review, by an appropriate judicial or administrative authority of that Party, concerning the legality of the expropriation,
its process and the valuation of the investment in accordance with the principles set out in paragraph 1 of this Article.

Article 5

Compensation for Losses

Investors of either Contracting Party who suffer losses including damages in respect of their investments in the territory of the
other Contracting Party owing to war or other armed conflict, revolution, a state of national emergency, revolt, insurrection or
riot shall be accorded by the latter Contracting Party treatment, as regards restitution, indemnification, compensation or other
settlement, no less favourable than that which the latter Contracting Party accords to its own investors or to investors of any third
State, whichever is more favourable to the investors of the other Contracting Party.

Article 6

Transfers

1.

Each Contracting Party shall guarantee to investors of the other Contracting Party the free transfer of payments relating to their
investments in and out of its territory. Such transfers shall include in particular, though not exclusively:

a)

Initial capital and additional amounts necessary for the maintenance and development of the investment;

b)

Returns from the investment;

c)

Funds in repayment of loans related to an investment;

d)

Proceeds from the total or partial sale or liquidation of an investment:

e)

Any compensation or other payment referred to in Articles 4 and 5 of this Agreement;

f)

Payments arising out of the settlement of the disputes;

g)

Earnings and other remuneration of foreign nationals who work in connection with the investment in the territory of one Contracting
Party.

2.

Transfers shall be effected without delay in a convertible currency at the market rate of exchange applicable on the date of transfer.

3.

Transfers shall be done in accordance with the procedures established by the exchange regulations of the Contracting Party in whose
territory the investment was made.

4.

The Contracting Parties undertake to accord to such transfers a treatment no less favourable than that accorded to transfers originating
from investments made by investors of any third State.

Article 7

Subrogation

1.

If either Contracting Party or its designated agency makes payment to the investors of its own State under a guarantee or a contract
of insurance against non-commercial risks it has accorded in respect of an investment in the territory of the other State, the other
Contracting Party shall recognize:

a)

the assignment, whether under the law or pursuant to a legal transaction in that State, of any rights or claim by the investors to
the former Contracting Party or to its designated agency, as well as,

b)

that the former Contracting Party or its designated agency is enpost_titled by virtue of subrogation to exercise the rights and enforce
the claims of that investor and shall assume the obligations related to the investment.

2.

In the case of subrogation as defined in paragraph 1 of this Article, the investor shall not sue or pursue a claim unless authorised
to do so by the Contracting Party or its agency.

Article 8

Settlement of Disputes between an Investor and a Contracting Party

1.

Any dispute between a Contracting Party and an investor of the other Contracting Party, related to an investment, shall be as far
as possible settled amicably through negotiations.

2.

If the dispute cannot be settled amicably through negotiations within six months from the date it has been raised by either party
to the dispute, it shall be submitted:

-to the competent court of the Contracting Party that is a party to the dispute; or

-to the International Center for Settlement of Investment Disputes (the Centre) under the Convention on the Settlement of Disputes
between States and Nationals of Other States, done at Washington on March 18,1965 provided that the Contracting Party involved in
the disputes may require the investor concerned to go through the domestic administrative review procedures specified by the laws
and regulations of that Contracting Party before the submission to the Centre.

Once the investor has submitted the dispute to the jurisdiction of the concerned Contracting Party or to the Centre, the choice of
one of the two procedures shall be final.

3.

The arbitration award shall be based on:

-the provisions of this Agreement;

-the laws of the Contracting Party in whose territory the investment has been made including the rules relative to conflict of laws;
and

-the rules and universally accepted principles of international law.

4.

The arbitration award shall be final and binding on both parties to the dispute and shall be executed by the Contracting Party concerned.

Article 9

Settlement of Disputes between Contracting Parties

1.

Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled
by consultations and negotiations through diplomatic channels.

2.

If a dispute between the Contracting Parties cannot be settled in accordance with paragraph 1 of this Article within six months from
the date of request for settlement, the dispute shall upon the request of either Contracting Party be submitted to an ad hoc arbitral
tribunal of three members.

3.

Such arbitral tribunal shall be constituted for each individual case in the following way. Within two months from the date of receipt
of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select
a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman
shall be appointed within two months from the date of appointment of the other two members.

4.

If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party
may invite the President of the International Court of Justice to make any necessary appointments. If the President is a national
of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited
to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he too is prevented from
discharging the said function, the Member of the International Court of Justice next in Seniority who is not a national of either
Contracting Party shall be invited to make the necessary appointments.

5.

The tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this
Agreement and the principles of international law recognised by both Contracting Parties.

6.

The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on both Contracting
Parties. The ad hoc tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.

7.

Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings;
the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however,
in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall
be binding on both Contracting Parties.

Article 10

Application of the Agreement

This Agreement shall be applicable to investments made before or after its entry into force by investors of either Contracting Party
in the territory of the other Contracting Party. However, this Agreement shall not apply to events or disputes that have arisen before
its entry into force.

Article 11

Consultations and Exchange of Information

1.

The representatives of the two Contracting Parties shall hold meetings from time to time for the purpose of:

a)

reviewing the implementation of this agreement:

b)

exchanging legal information and investment opportunities;

c)

resolving dispute arising out of investments;

d)

forwarding proposals on promotion of investment;

e)

studying other issues in connection with investments.

2.

Where either Contracting Party request consultation on any matters of Paragraph 1 of this Article, the other Contracting Party shall
give prompt response and the consultation be held alternately in Beijing and Sarajevo.

Article 12

Entry into Force, Duration and Termination

1.

Each Contracting Party shall notify the other in writing of the completion of the internal legal formalities required in its territory
for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the following month after the
date of the dispatch of the latter of the two notifications.

2.

This Agreement shall remain in force for a period of ten years after the date of its entry into force and shall continue in force
unless terminated in accordance with paragraph 3 of this Article.

3.

Either Contracting Party may, by giving one year in advance written notice to the other Contracting Party, terminate this Agreement
at the end of the initial ten year period or at any time thereafter.

4.

With respect to investments made or acquired prior to the date of termination of this Agreement, the provisions of all other Articles
of this Agreement shall continue to be effective for a further period of ten years from such date of termination.

5.

This Agreement may be amended by written agreement between the Contracting Parties. Any amendment shall enter into force under the
same procedure required for entering into force of the present Agreement.

6.

This Agreement shall be applied irrespective of whether or not the Contracting Parties have diplomatic or consular relations.

In witness whereof the undersigned representatives, duly authorised thereto, have signed this Agreement.

Done in duplicate at Beijing this 26 day of JUNE in the Chinese, Bosnian/Croatian/Serbian and English languages, each text being equally
authentic. In case of any divergence of interpretation, the English text shall prevail.

FOR￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿FOR

THE PEOPLE’S REPUBLIC￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿BOSNIA AND HERZEGOVINA

OF CHINA

Protocol to the Agreement between the People’s Republic of China and Bosnia and Herzegovina on the promotion and protection of investments

On the signing the Agreement between the People’s Republic of China and Bosnia and Herzegovina on the promotion and protection of
investments, the undersigned representatives have agreed on the following provisions which constitute an integral part of the Agreement:

Ad Article 3 , paragraph 1

In respect of the People’s Republic of China, paragraph 1 of Article 3 does not apply to:

a)

any existing non-conforming measures maintained within its territory;

b)

the continuation of any non-conforming measure referred to in subparagraph a );

c)

an amendment to any non-conforming measure referred to in subparagraph a) to the extent that the amendment does not increase the non-conformity
of the measure, as it existed immediately before the amendment, with those obligations.

It will be endeavoured to progressively remove the non-conforming measures.

For the People’s Republic of￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿For Bosnia and Herzegovina

China



 
The Government of the People’s Republic of China
2002-06-26

 







CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...