PREVENTION AND CONTROL OF OCCUPATIONAL DISEASES LAW
| Law of the People’s Republic of China on Prevention and Control of Occupational Diseases | |
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PROCEDURAL CONCLUSION OF TREATIES
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Article 1. This Law is formulated in accordance with the Constitution of the People’s Republic of China. Article 2. This Law shall be applicable to bilateral or multilateral treaties and agreements, and other instruments of the nature of a treaty Article 3. The State Council of the People’s Republic of China, that is, the Central People’s Government shall conclude treaties and agreements The Standing Committee of the National People’s Congress of the People’s Republic of China shall decide on the ratification and abrogation The President of the People’s Republic of China shall, pursuant to the decisions of the Standing Committee of the National People’s The Ministry of Foreign Affairs of the People’s Republic of China shall, under the leadership of the State Council, administer specific Article 4. The People’s Republic of China shall conclude treaties and agreements with foreign states in the name of: (1) The People’s Republic of China; (2) The Government of the People’s Republic of China; (3) The government departments of the People’s Republic of China. Article 5. The procedures for the decision on negotiating and signing of treaties and agreements are as follows: (1) With respect to the negotiation and signing of treaties and agreements in the name of the People’s Republic of China, the Ministry (2) With respect to the negotiations and signing of treaties and agreements in the name of the Government of the People’s Republic (3) With respect to the negotiations and signing of agreements in the name of a government department of the People’s Republic of In case that the Chinese draft of a treaty or agreement already examined and decided upon by the State Council shall have to undergo Article 6. For the purpose of negotiating and signing treaties or agreements, representatives shall be appointed according to the following (1) With respect to the conclusion of a treaty or agreement in the name of the People’s Republic of China or the government of the (2) With respect to the conclusion of an agreement in the name of a government department of the People’s Republic of China, a representative (3) With respect to the negotiations and signing of agreements in the name of a government department of the People’s Republic of In case that the Chinese draft of a treaty or agreement already examined and decided upon by the Sate Council shall have to undergo Article 6. For the purpose of negotiating and signing treaties or agreements, representatives shall be appointed according to the following (1) With respect to the conclusion of a treaty or agreement in the name of the People’s Republic of China or the Government of the (2) With respect to the conclusion of an agreement in the name of a government department of the People’s Republic of China, a representative The following persons shall dispense with full powers for negotiating and signing treaties and agreements: (1) The Premier of the State council and the Minister of Foreign Affairs; (2) The heads of the diplomatic missions of the People’s Republic of China who negotiate and sign treaties or agreements concluded (3) The heads of the government departments of the People’s Republic of China who negotiate and sign the agreements concluded in the (4) The representatives accredited by the People’s Republic of China to an international conference or international organization Article 7. The ratification of treaties and important agreements shall be decided upon by the Standing Committee of the National People’s Congress. The treaties and important agreements referred to in the preceding paragraph are as follows: (1) Treaties of friendship and cooperation, treaties of peace and other treaties of a political nature; (2) Treaties and agreements concerning territory and delimitation of boundary lines; (3) Treaties and agreements relating to judicial assistance and extradition; (4) Treaties and agreements which contain stipulations inconsistent with the laws of the People’s Republic of China; (5) Treaties and agreements which are subject to ratification as agreed by the contracting parties; (6) Other treaties and agreements subject to ratification. A treaty or an important agreement after being signed, shall be submitted by the Ministry of Foreign Affairs or by the department After the ratification of a bilateral treaty or an important bilateral agreement, the Ministry of Foreign Affairs shall execute the Article 8. After the signing of agreements or other signed instruments of the nature of a treaty which do not fall under Paragraph 2, Article With respect to approved agreements and other approved instruments of the nature of a treaty, in the case of a bilateral one, the Article 9. After the signing of the agreements for which on ratification by the Standing Committee of the National People’s Congress or approval Article 10. If the two contracting parties need to go through different domestic legal procedures for the entry into force of the same treaty After the signing of treaties and agreements listed in the preceding paragraph, the formalities of ratification, approval, entry on Article 11. The decision to accede to multilateral treaties or agreements shall be made respectively by the Standing Committee of the National The procedures for acceding to multilateral treaties and agreements are as follows: (1) To accede to a multilateral treaty or an important multilateral agreement listed in Paragraph 2, Article 7 of this Law, the Ministry (2) To accede to a multilateral treaty or agreement other than those listed in Paragraph 2, Article 7 of this Law, the Ministry of Article 12. The decision to accept a multilateral treaty or agreement shall be made by the State Council. In the case of a multilateral treaty or agreement containing clauses of acceptance which is signed by the Chinese representative or Article 13. A bilateral treaty or agreement concluded by the People’s Republic of China with a foreign state shall be done in the Chinese language For agreements concerning business affairs and treaties and agreements concluded with international organizations, a single language Article 14. Signed originals of bilateral treaties and agreements concluded in the name of the People’s Republic of China or the Government Article 15. A treaty or an important agreement of which the Standing Committee of the National People’s Congress has decided on ratification Article 16. Treaties and agreements concluded by the People’s Republic of China shall be compiled by the Ministry of Foreign Affairs into a Article 17. Treaties and agreements concluded by the People’s Republic of China shall be registered with the Secretariat of the United Nations Treaties and agreements concluded by the People’s Republic of China that require registration with other international organizations Article 18. The procedures for the conclusion of a treaty or an agreement with an international organization by the People’s Republic of China Article 19. The procedures for amendment to, abrogation of and withdrawal from treaties and agreements concluded by the People’s Republic of Article 20. The State Council may formulate regulations in accordance with this Law for its implementation. Article 21. This Law shall come into force from the date of its promulgation.
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ADMINISTRATIVE RULES ON TRUST AND INVESTMENT COMPANIES
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The People’s Bank of China Order of the People’s Bank of China No.5 In accordance with laws of Trust law of the People’s Republic of China and Law of the People’s Republic of China on the People’s Bank President of the People’s Bank of China, Dai Xianglong May 9, 2002 Administrative Rules on Trust and Investment Companies Chapter I General Provisions Article 1 These rules are formulated according to the “Trust Law of the People’s Republic of China”, the ” Law on the People’s Bank of China Article 2 Trust and Investment Companies (TICs) hereof refer to financial institutions that are mainly engaged in trust business and established Article 3 “Trust” in these rules refers to following activities: The client entrusts his or her property to the trustee based on his or her “Client” refers to individuals, legal persons or other legal organizations that have full capacity to perform civil action; “Beneficiary” Article 4 “Trust business” in the regulation refers to the operation that a TIC accept the entrustment and deal with the entrustment affairs Article 5 “Entrusted property” in these rules refers to property accepted by a TIC through entrustment commitments. Any property obtained from The entrusted properties are neither a TIC’s own assets nor its liabilities to the beneficiary. When a TIC ceases operation, the entrusted Article 6 The entrustment will not terminate with the dissolution, bankruptcy or closure of a TIC, nor with its quitting from the entrustment, Article 7 The operations of a TIC shall be organized in accordance with laws, regulations and entrustment contract, and shall not harm the interests Article 8 When managing and disposing of the entrusted property, a TIC shall be faithful to their duties and fulfill the obligation of being Article 9 A TIC shall not be allowed to take deposits, issue bonds or borrow from abroad. Article 10 The People’s Bank of China is to supervise TICs and their operations according to laws, administrative regulations and these rules. Chapter II Establishment, Alteration and Termination of TICs Article 11 TICs shall be established in the form of limited liability companies or share-holding companies. Article 12 A TIC shall get the approval of the People’s Bank of China for its establishment and the “license for trust and investment institution” Article 13 The establishment and operation of a TIC shall meet the following criteria: 1) Articles of association that conform to the “Company law of the People’s Republic of China” and regulations of the People’s Bank of 2) Eligible shareholders according to regulations of the People’s Bank of China. 3) Registered capital no less than the minimum requirements stipulated by these rules. 4) Eligible senior managerial personnel and qualified trust business staff according to regulations of the People’s Bank of China. 5) Complete organizational structure, comprehensive rules of trust operation and sound risk-control systems. 6) Business premise, security system and other business-related facilities as required. 7) Other criteria set by the People’s Bank of China. The People’s Bank of China can review the application for the establishment of a TIC according to the need of economic development Article 14 The registered capital of a TIC shall be no less than RMB 300 million Yuan. A TIC engaged in foreign exchange business shall have foreign currency of no less than USD 15 million in its registered capital. The People’s Bank of China can modify the minimum requirement of registered capital for the establishment of a TIC according to the Article 15 A TIC shall obtain approval from the People’s Bank of China in following matters: 1) Change of name. 2) Change of registered capital. 3) Change of location. 4) Change of organizational structure. 5) Adjustment of business scope. 6) Change of senior management. 7) Change of major shareholders or shareholding structure. Shareholders of a listed TIC with their holdings of tradable shares less than 8) Modification of the Articles of Association. 9) Merger or split-up. 10) Other changes stipulated by the People’s Bank of China. Article 16 A TIC that applies for dissolution due to the merger, split-up or other reasons stipulated in its Articles of Association can dissolute Article 17 When a TIC cannot pay its maturing debt due to illegal operations or poor management, and the public interests would be damaged or Article 18 A TIC that can’t pay its maturing debt may apply for bankruptcy to the People’s Court with the approval of the People’s Bank of China. Article 19 The approval procedure of TICs’ establishment, alteration and termination shall follow the relevant regulations of the People’s Bank Chapter III Business Scope Article 20 A TIC can apply to engage in part or all of the following businesses both in local and foreign currencies: 1) Entrusted funds management. The Client entrusts funds, which are his or her legitimate property, to the TIC to be managed, used and 2) Entrusted management of movables, real estate and other properties. The Client entrusts his or her property or property rights, including 3) Entrusted management of investment funds permitted by relevant laws and administrative regulations. A TIC can engage in investment 4) Restructuring and acquisition of enterprises’ assets; intermediary businesses such as project financing, corporate financial management, 5) Entrusted underwriting of treasury bonds, financial institutions bonds and corporate bonds with approval of relevant departments of 6) Management, utilization and disposal of entrusted properties. 7) Entrusted custody. 8) Credit certification and investigation; business consulting. 9) Providing guarantee for others backed by its own assets. 10) Other businesses approved by the People’s Bank of China. Article 21 A TIC can accept entrustments with following public objectives according to relevant provisions of the” Trust Law of the People’s 1) Poverty aid. 2) Disaster relief. 3) Assistance to the disabled. 4) Development of education, science, sports, culture and art. 5) Development of medical care and public sanitation. 6) Development of environmental protection, preservation of ecological environment. 7) Development of other social courses that are in the interest of the society. Article 22 A TIC can manage or use the entrusted property by means of leasing, selling, lending, investing or interbank lending according to Article 23 A TIC can design its businesses products according to objectives of the entrustment, types of entrusted property or different ways Article 24 A TIC’s own capital in the account of owner’s equity, which is permitted to be used according to relevant rules, can be deposited Article 25 After being approved by the People’s Bank of China, a TIC can engage in interbank borrowing and lending. Article 26 The business scope of a TIC shall be defined by its Articles of Association and approved by the People’s Bank of China. Chapter IV Rules of Business Operation Article 27 An entrustment shall be created in a written form, including entrustment contracts, wills or other written documents required by relevant Article 28 When an entrustment is created in the form of an entrustment contract, the entrustment contract shall contain the following contents: 1) Objectives of the entrustment. 2) Name and addresses of the client and the trustee. 3) The beneficiary or the coverage of beneficiaries. 4) Scope, type and condition of the entrusted property. 5) Rights and obligations of involved parties of the entrustment. 6) Revealing and undertaking of risks arising from the management of entrusted property. 7) Management of the entrusted property and the trustee’s authorized business scope. 8) Calculation of benefits of the entrustment and the way in which the benefits to be transferred to the beneficiary. 9) Calculation and payment of TIC’s remuneration. 10) Tax payments on the entrusted property and accounting of other costs. 11) Maturity and termination of the entrustment. 12) Ownership of the entrusted property when the entrustment terminates. 13) Reporting of entrustment affairs. 14) The responsibilities for defaults of the involved parties and resolution of disputes. 15) Selection and appointment of new trustee. 16) Other items that both the client and the trustee deem necessary to be included. Article 29 A TIC shall follow the principle of maximizing beneficiary’s benefit when dealing with entrustment affairs, and manage the entrusted Article 30 A TIC shall not take deposits in the name of entrusted funds management or other businesses. Article 31 A TIC shall refrain from following behaviors when doing trust business: 1) Seek illegitimate gains by taking advantage of its trustee status. 2) Misuse entrusted property for non-entrusted purposes. 3) Promise no losses of entrusted property or guarantee minimum returns. 4) Use entrusted property to provide guarantees. 5) Invest the entrusted funds in securities issued by itself or related persons. 6) Lend the entrusted fund to itself or other related persons. 7) Trade entrusted properties between different trust accounts. 8) Trade between its’ own assets and the entrusted property. 9) Other behaviors prohibited by laws, administrative regulations and the People’s Bank of China. Transactions based on the terms of entrustment contract and conducted at a fair market price by a TIC are exempted from items (4)-(8) Article 32 The related persons mentioned above refer to: 1) Shareholders of the TIC holding shares of more than 10% of the total. 2) Enterprises invested and controlled by the TIC. 3) Directors, supervisors, managers and trust business staff of the TIC and their relatives. 4) Companies, enterprises and other commercial entities with the persons mentioned above holding more than 5% of total shares or holding Article 33 A TIC shall conduct the entrusted business by itself unless stipulated otherwise by entrustment contract or justified by unavoidable Article 34 Confidentiality shall be kept regarding information of the client, the beneficiary and the situation of entrustment affairs, unless Article 35 A TIC shall separate its own assets from entrusted properties and manage entrusted properties of different clients separately in different Article 36 A TIC shall maintain complete records of entrustment affairs, and report to clients and beneficiaries at least every year situation Clients and beneficiaries are enpost_titled to inquire about the management, utilization and disposal of entrusted properties and income Article 37 A TIC receives remuneration for its trust business in the way of commissions and service charges as agreed. A TIC’s remuneration is determined through negotiation with its clients, unless stipulated otherwise by the People’s Bank of China. Article 38 Losses of the entrusted property due to a TIC’ violation of the entrustment objectives and managerial responsibility or improper operations Article 39 Any cost or debt of a TIC arising from its dealing with entrustment affairs shall be paid with the entrusted property, while the client Article 40 If a TIC disposes of the entrusted property against objectives of the entrustment or makes serious mistakes in its management, utilization Article 41 When a TIC ceases operation; its managerial responsibility for the entrustment business also ceases. The liquidation task force shall Article 42 When a TIC’s responsibility as a trustee is brought to an end according to laws and regulations, a new TIC shall be selected according Article 43 The entrustment terminates under any of the following circumstances in a TIC’s trust business: 1) Occurrence of specific incidents that call for a termination as defined in the entrustment contract. 2) Continuation of the entrustment is against objectives of the entrustment. 3) The objectives of entrustment have been achieved, or are not possible to achieve. 4) Agreed by all relevant parties of the entrustment. 5) The entrustment matures. 6) The entrustment is withdrawn. 7) The entrustment is canceled. 8) All the beneficiaries give up their rights to benefit from the entrustment. Article 44 When the entrustment ends, a TIC shall prepare liquidation reports on their entrustment affairs. If the beneficiary or the owner of Article 45 When accepting funds entrusted to them to determine on behalf of the clients how to manage these funds, a TIC shall be subject to 1) Maturity of the entrustment shall be no less than 1 year. 2) Every single entrusted fund shall be no less than RMB 50,000 Yuan. Article 46 The People’s Bank of China can formulate rules on the management of entrusted funds that are entrusted to a TIC to determine their Article 47 When engaged in foreign exchange trust business, a TIC shall abide by relevant regulations on foreign exchange controls and be supervised Article 48 The total amount of the guarantees provided by a TIC or its outstanding borrowing shall not exceed its registered capital. Article 49 A TIC shall conform to relevant regulations of the People’s Bank of China when engaging in interbank lending with entrusted funds Article 50 A TIC shall retain 5% of its after-tax profit each year as a provision to compensate losses of the entrusted property, and it can Compensation provision of a TIC shall only be deposited in domestic commercial banks with sound operation and strong performance or Chapter V Supervision and Self-regulation Article 51 A TIC shall formulate its own rules on trust business and other businesses, establish and improve its own managerial system and internal A TIC shall establish an internal audit department to audit and supervise its operation. The internal audit department of a TIC shall Article 52 A TIC shall organize its account books in accordance with laws, conduct separate accounting on trust and non-trust businesses, and Article 53 A TIC shall establish and improve its own financial and accounting system according to relevant regulations, honestly keep records A TIC shall send required information to the People’s Bank of China and other relevant authorities according to rules and regulations, Article 54 The trust business department of a TIC shall operate independently from other departments. Staff of this department shall not hold Article 55 The People’s Bank of China can examine the operation of a TIC regularly or irregularly. The People’s Bank of China can order a TIC A TIC shall provide accounting reports and information of its operation and financial position according to the requirements of the Article 56 A qualification review system shall be applied to the senior management of a TIC by the People’s Bank of China. No senior manager When a senior manager leaves his or her post, he or she shall be subject to ex-post auditing and the outcome shall be recorded with Article 57 The People’s Bank of China shall conduct trust business qualification examination to the trust business personnel of a TIC. Those Article 58 If any of the senior managers or business staff violates laws, regulations or relevant rules of the People’s Bank of China, the People’s Article 59 The People’s Bank of China can question the senior management of a TIC on significant problems discovered in its supervision of the Article 60 When a TIC’s operation is found in trouble as a result of chaotic management, the People’s Bank of China can require it to take measures Article 61 TICs can jointly set up a trade association to promote self-regulation. Any activities of such a trade association are to be guided and supervised by the People’s Bank of China. Chapter VII Penalty Provisions Article 62 Establishing a TIC or engaging in trust business without the approval of the People’s Bank of China shall be banned and punished according Article 63 If the People’s Bank of China found any concealment or misreporting of information in a TIC’s application for its establishment, alteration Article 64 The People’s Bank of China shall require a TIC that has violated Article 30 in handling entrusted funds business to return all the Article 65 A TIC that has violated Article 31 shall be punished according to Article 28 of the “Rules on Punishment of Financial Irregularities”. Article 66 A TIC that has violated other articles of these rules shall be punished according to the “Rules on Punishment of Financial Irregularities” Article 67 If a TIC does not accept punishments issued by the People’s Bank of China, it shall be allowed to request an administrative review Chapter VIII Supplementary Provisions Article 68 The People’s Bank of China is responsible for the interpretation of these rules. Article 69 These rules shall enter into force as of the date of promulgation, and the ” Regulation on Trust and Investment Companies” published |
The People’s Bank of China
2002-05-09
CATALOGUE OF COMMODITIES FORBIDDEN TO IMPORT (THE FOURTH BATCH AND THE FIFTH BATCH)
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The Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs and the State Administration of Environmental Catalogue of Commodities Forbidden to Import (the fourth batch and the fifth batch) No. 25 [2002] In accordance with Regulations of the People’s Republic of China on Controlling the Import and Export of Commodities, the Law of the Attachment:Catalogue of Commodities Forbidden to Import (the Forth Batch) No. Commodity Code Commodity Name Notes 1. 0501.0000 unprocessed human hair, no matter washed or not; wasted human hair 2. 0502.1030 bristles and wasted bristles 3. 0502.9020 badger hair and other wasted animal hair used for making brushes 4. 0 503.0090.10 wasted horse hair 5. 1703.1000 sugarcane molasses 6. 1703.9000 other molasses 7. 2517.2000 scoria, scruff and similar industrial draff 8. 2517.3000 asphalt macadam 9. 2620.2900 other calx and draff whose major ingredient is lead 10. 2620.3000 calx and draff whose major ingredient is copper 11. 2620.9910 calx and draff whose major ingredient is tungsten 12. 2620.9990.90 calx and draff whose major ingredient is other metal or compound Except for 2620.9990.10, the calx or draff whose 13. 4004.0000.10 Wasted tyre and its dices 14. 4115.2000.10 leather waste residue, ash, sludge and its powder 15. 6309.0000 old clothing 16. 8548.1000 wasted crushed aggregates of batteries and wasted batteries Catalogue of Commodities Forbidden to Import (the Fifth Batch) Catalogue of Junked Electromechanical Products (including components and parts, dismantled articles, broken articles, smashed articles
No. Commodity Code Commodity Name Name 1. 8415.1010-8415.9090 air-conditioner 2. 8417.8020 incinarator for radwaste 3. 8418.1010-8418.9999 refrigerator 4. 8471.1000-8471.5090 Cyber-equipment 5. 8471.6010 display 6. 8471.6031-8471.6039 printer 7. 8471.6040-8471.9000 other input-output parts for computers and other components of automatic data processing equipment 8. 8516.5000 microwave 9. 8516.6030 electric cooker 10. 8517.1100-8517.1990 Wired phone 11. 8517.2100-8517.2200 electrograph and tape machine 12. 8521.1011-8521.9090 video tape recorder, record player and laser video cassette recorder 13. 8525.2022-8525.2029 mobile communication equipment 14. 8525.3010-8525.4050 vidicon, video camera recorder and digital camera 15. 8528.1210-8528.3020 TV set 16. 8534.0010-8534.0090 printing circuit 17. 8540.1100-8540.9990 thermionic tube, coldcathode tube, lightcathode tube 18. 8542.1000-8542.9000 Integrate circuit and microeletronic components 19. 9009.1110-9009.9990 duplicating machine 20. 9018.1100-9018.9090 medical appliance 21. 9022.1200-9022.9090 radial application equipment |
The Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs and the State Administration
of Environmental Protection
2002-07-03
DECISION OF NPC ON AUTHORIZING THE PEOPLE’S CONGRESS OF XIAMEN CITY AND ITS STANDING COMMITTEE AND THE PEOPLE’S GOVERNMENT OF XIAMEN CITY TO FORMULATE REGULATIONS AND RULES RESPECTIVELY FOR IMPLEMENTATION IN THE XIAMEN SPECIAL ECONOMIC ZONE
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The Second Session of the Eighth National People’s Congress, having considered the proposal submitted by deputy Yuan Qitong together with other 35 deputies to the National People’s Congress at the First Session of the Eighth National People’s Congress for authorizing the People’s Congress of Xiamen City and its Standing Committee and the People’s Government of Xiamen City to formulate regulations and rules respectively, decides that the People’s Congress of Xiamen City and its Standing Committee are authorized to formulate, in light of the specific conditions and actual needs of the special economic zone and pursuant to the provisions of the Constitution and the basic principles laid down in laws and administrative rules and regulations, regulations for implementation in the Xiamen Special Economic Zone which shall be submitted to the Standing Committee of the National People’s Congress, the State Council and the Standing Committee of the People’s Congress of Fujian Province for the record, and that the People’s Government of Xiamen City is authorized to formulate rules and is responsible for their implementation in the Xiamen Special Economic Zone.
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MOFTEC P.R.C. |
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EDITOR:Victor |
PROVISIONAL MEASURES ON ADMINISTRATION OF DOMESTIC SECURITIES INVESTMENTS OF QUALIFIED FOREIGN INSTITUTIONAL INVESTORS(QFII)
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China Securities Regulatory Commission People’s Bank of China Decree No. 12 The “Provisional Measures on Administration of Domestic Securities Investments of Qualified Foreign Institutional Investors (QFII)”, CSRC Chairman: Zhou Xiaochuan PBOC Governor: Dai Xianglong Nov. 5th 2002 Provisional Measures on Administration of Domestic Securities Investments of Qualified Foreign Institutional Investors (QFII)
Chapter 1. General Provisions Article 1. Based upon China’s relevant laws and administrative regulations, this Regulation was promulgated for the purpose of governing Qualified Article 2. Qualified Foreign Institutional Investors (hereinafter referred to as “QFII” which can be a single or a plural, as the case may be) Article 3. QFII should mandate domestic commercial banks as custodians and domestic securities companies as brokers for their domestic securities Article 4. QFII should comply with laws, regulations and other relevant rules in China. Article 5. CSRC and SAFE shall, in accordance with the laws, supervise and govern the securities investing activities undertaken by QFII within Chapter 2. Qualifications, Criteria and Approval Procedures Article 6. A QFII applicant should fall within the following criteria: (1) The applicant should be in sound financial and credit status, should meet the requirements set by CSRC on assets size and other (2) Employees of the applicant should meet the requirements on professional qualifications set by its home country/region; (3) The applicant should have sound management structure and internal control system, should conduct business in accordance with the (4) The home country/region of the applicant should have sound legal and regulatory system, and its securities regulator has signed (5) Other criteria as stipulated by CSRC based on prudent regulatory principles. Article 7. The criteria of assets scale and other factors as referred to in the aforesaid article are: For fund management institutions: Having operated fund business for over 5 years with the most recent accounting year managing assets For insurance companies: Having operated insurance business for over 30 years with paid-in capital of not less than US$1 billion and managing securities assets of not less than US$10 billion in the most recent accounting For securities companies: Having operated securities business for over 30 years with paid-in capital of not less than US$1 billion and managing securities assets of not less than US$10 billion in the most recent accounting For commercial banks: Ranking among the top 100 of the world in the total assets for the most recent accounting year and managing securities assets of not less than US$10 billion. CSRC may adjust the aforesaid requirements subject to the developments of securities market. Article 8. To apply for QFII qualification and investment quota, an applicant should submit the following documents to CSRC and SAFE respectively 1. Application Forms (including basic information on the applicant, investment quota applied for and investment plan, etc.); 2. Documents to verify that the applicant meets requirements set in Article 6; 3. Draft Custody Agreement signed with its expected custodian; 4. Audited financial reports for the most recent 3 years; 5. Statement on sources of the funds, and Letter of Undertaking promising not to withdraw funds during the approved period; 6. Letter of authorisation by the applicant; 7. Other documents as required by CSRC and SAFE. All the aforesaid documents, if written in languages other than Chinese, must be accompanied by their Chinese translations or Chinese Article 9. The CSRC shall, within 15 working days from the date the full set of application documents are received, determine whether to grant Article 10. Applicants shall apply to the SAFE through their custodians for investment quotas after obtaining the Securities Investment Licences. SAFE shall, within 15 working days from the date full set of application documents are received, determine whether to grant approval The Securities Investment Licence will automatically become void if an applicant is unable to obtain the Foreign Exchange Registration Article 11. In order to encourage medium and long-term investments, preference will be given to the institutions managing closed-end Chinese Chapter 3. Custody, Registration and Settlement Article 12. A custodian should meet the following requirements: (1) Has a specific fund custody department; (2) With paid-in capital of no less than RMB 8 billion; (3) Has sufficient professionals who are familiar with custody business; (4) Can manage the entire assets of the fund safely; (5) Has qualifications to conduct foreign exchange and RMB business; (6) No material breach of foreign exchange regulations for the recent three years. Domestic branches of foreign-invested commercial banks with more than three years of continual operation are eligible to apply for Article 13. Approvals from CSRC, People’s Bank of China (hereinafter referred to as “PBOC”) and SAFE are required for custodian status. Article 14. Domestic commercial banks should submit the following documents to CSRC, PBOC and SAFE to apply for custodian status: 1. Application Forms; 2. Copy of its financial business licence; 3. Management system in relation to its custody business; 4. Documents verifying that it has efficient information and technology system; 5. Other documents as required by CSRC, PBOC and SAFE. CSRC, together with PBOC and SAFE, will review application documents and decide whether to approve the applications or not. Article 15. A custodian shall perform the following duties: 1. Safekeeping all the assets that QFII put under its custody; 2. Conducting all QFII related foreign exchange settlement, sales, receipt, payment and RMB settlement businesses; 3. Supervising investment activities of QFII, and reporting to CSRC and SAFE in case QFII investment orders are found to have violated 4. Reporting to SAFE about foreign exchange remittance and repatriation of QFII, in two working days after QFII remits/repatriates 5. Reporting to CSRC and SAFE about the status of QFII’s RMB special account, in five working days after the end of each month; 6. Compiling an annual financial report on QFII’s domestic securities investment activities in the previous year and sending it to 7. Keep the records and other related materials on QFII’s fund remittance, repatriation, conversion, receipt and payment for no less 8. Other responsibilities as defined by CSRC, PBOC and SAFE based on prudent supervision principles. Article 16. A custodian should strictly separate its own assets from those under its custody. A custodian should set up different accounts for different QFII, and manage those accounts separately. Each QFII can only mandate one custodian. Article 17. QFII should mandate its custodian to apply for a securities account on its behalf with securities registration and settlement institution. QFII should mandate its custodian to open a RMB settlement account on its behalf with securities registration and settlement institution.
Chapter 4. Investment Operations Article 18. Subject to the approved investment quota, QFII can invest on the following RMB financial instruments: 1. Shares listed in China’s stock exchanges (excluding B shares); 2. Treasuries listed in China’s stock exchanges; 3. Convertible bonds and enterprise bonds listed in China’s stock exchanges; 4. Other financial instruments as approved by CSRC. Article 19. QFII may mandate domestically registered securities companies to manage their domestic securities investments. Each QFII can only mandate one investment institution. Article 20. For domestic securities investments, QFII should observe the following requirements: 1. Shares held by each QFII in one listed company should not exceed 10% of total outstanding shares of the company; 2. Total shares held by all QFII in one listed company should not exceed 20% of total outstanding shares of the company. CSRC may adjust the above percentages based on the developments of securities market. Article 21. QFII’s domestic securities investment activities should comply with the requirements as set out in the Guidance for Foreign Investments Article 22. Securities firms should preserve the trading and transaction records of QFII for at least 15 years. Chapter 5. Fund Management Article 23. Upon the approval of SAFE, a QFII should open a RMB special account with its custodian. Within five working days after the opening of the RMB special account, the custodian should report to CSRC and SAFE for filing. Article 24. Revenue articles in the RMB special account shall include: settlement of funds (foreign exchange funds from overseas, and accumulated The capital of special RMB account shall not be used for money lending or guarantee. Article 25. Within three months after receiving Securities Investment Licence from CSRC, QFII should remit principals from outside into China If QFII has not fully remitted the principals within three months after receiving Foreign Exchange Registration Certificate, the actual Article 26. In the case that a QFII is a closed-end Chinese fund management company, it can mandate its custodian, with the submission of required Other types of QFII can mandate their custodians, with the submission of required documents, to apply to SAFE to repatriate the principals The overseas receivers of the above-mentioned repatriation should be the QFII themselves. Article 27. QFII whose principal of approved investment quota is remitted to China for less than one year but over three months, after the submission After getting Securities Investment Licence from CSRC and investment quota from SAFE, the transferee can remit the difference as its Article 28. If QFII intends to remit principals inwards again after it partially or fully repatriates its principals, it should re-apply for Article 29. If QFII needs to purchase foreign exchange to repatriate their post-tax profits of the previous accounting year which have been audited 1. Repatriation Application Form; 2. Financial reports of the accounting year in which the profits are generated; 3. Auditor’s report issued by Chinese CPA; 4. Profits distribution resolutions or other effective legal documents; 5. Tax payment certificates; 6. Other documents as required by SAFE. The overseas receivers of the above-mentioned repatriation should be the QFII themselves. Article 30. SAFE may adjust the timeframe required for QFII to repatriate its principal and proceeds, subject to the needs of China’s foreign Chapter 6. Regulatory Issues Article 31. CSRC and SAFE should annually review QFII’s Securities Investment Licence and Foreign Exchange Registration Certificate. Article 32. CSRC, PBOC and SAFE may require QFII, custodians, securities companies, stock exchanges, and securities registration and settlement Article 33. Stock exchanges and securities registration and settlement institutions may enact new operation rules or revise previous operation Article 34. In the event of any of the followings, QFII should file with CSRC, PBOC and SAFE in five working days: 1. Change of custodians; 2. Change of legal representatives; 3. Change of controlling shareholders; 4. Adjustment of registered capital; 5. Litigations and other material events; 6. Being imposed substantial penalties overseas; 7. Other circumstances as stipulated by CSRC and SAFE. Article 35. In the event of any of the followings, QFII should re-apply for its Securities Investment Licence: 1. Change of business name; 2. Acquired by or merged with other institution(s); 3. Other circumstances as stipulated by CSRC and SAFE. Article 36. In the event of any of the followings, QFII should surrender its Securities Investment Licence and Foreign Exchange Registration 1. Having repatriated all its principals; 2. Having transferred its investment quota; 3. Dispersion of authorised entities, entering into bankruptcy procedures, or assets being taken over by receivers; 4. Other circumstances as stipulated by CSRC and SAFE. If QFII fail to pass the annual review on Securities Investment Licences and Foreign Exchange Registration Certificates, as mentioned Article 37. In accordance with their respective authorities, CSRC, PBOC and SAFE will give warnings or penalties to QFII, custodians and securities Chapter 7. Supplementary Provisions Article 38. This Regulation is also applicable to institutional investors from Hong Kong Special Administrative Region, Macao Special Administrative Article 39. This Regulation will come into effect from 1 December 2002.
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Source:China Net |
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EDITOR:Victor |
REGULATIONS ON LABOR PROTECTION IN WORKPLACES WHERE TOXIC SUBSTANCES ARE USED
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(Adopted at the 57th Executive Meeting of the State Council on April 30, 2002, promulgated by Decree No.352 of the State Council of the People s Republic of China on May 12, 2002, and effective as of the date of promulgation)
Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases Article 2 These Regulations shall be applicable to labor protection against possible occupational poisoning hazards due to the use of toxic Article 3 Toxic substances are classified into general toxic substances and high toxic substances in light of the extent of occupational poisoning The catalogues of general toxic substances and high toxic substances shall, on the basis of the national standards, be formulated, Article 4 An employing unit that engages in the operations in which toxic substances are used (hereinafter referred to as the employing unit) An employing unit shall, as possible as it can, use nontoxic substances; where it is required to use toxic substances, low toxic Article 5 An employing unit shall, in accordance with the provisions of these Regulations and other relevant laws and administrative regulations, Article 6 The State encourages the research, development, popularization and application of the new technologies, new techniques and new materials Article 7 Child laborers shall be prohibited from being employed. An employing unit shall not assign minors and female employees in pregnancy or lactation to engage in the operations in which toxic Article 8 Trade unions shall urge and assist employing units in the publicity, education and training of occupational health, make proposals Trade unions shall have the right to demand corrections by employing units committing acts of infringing upon workers’ legal rights Article 9 The administrative departments for public health and other relevant departments of the people’s governments at or above the county Article 10 The people’s governments at all levels shall strengthen the leadership over the occupational health and safety as well as the relevant Chapter II Preventive Measures in Workplaces Article 11 The establishment of an employing unit shall meet the conditions provided for in the relevant laws and administrative regulations, The employing unit’s workplaces where toxic substances are used shall, in addition to the occupational health requirements provided (1) the workplaces must be separated from the living areas, and no person shall reside in the workplaces; (2) the harmful operations must be separated from the harmless operations, and the workplaces where high toxic substances are (3) effective ventilation facilities shall be installed, and automatic alarm facilities and ventilation facilities for accidents (4) emergency exits for evacuation and necessary hazard-eliminating areas shall be set up in the workplaces where high toxic The employing unit and its workplaces that meet the conditions provided for in the preceding two paragraphs shall not engage Article 12 The yellow area-warning lines, warning marks, and warning specifications in Chinese shall be displayed in the workplaces where toxic The red area-warning lines, warning marks, and warning specifications in Chinese shall be displayed, and communication and alarm Article 13 Building projects, rebuilding projects, extension projects, technological transformation projects, and technology-introduction projects The design of safeguards against occupational poisoning hazards for a construction project involving the operations with high Article 14 The employing units shall, in accordance with the provisions of the administrative department for public health under the State Council, An employing unit that engages in the operations in which high toxic substances are used shall, when declaring operation items (1) the evaluation report on the effect of control over occupational poisoning hazards; (2) materials of the occupational health administrative system and operating rules; and (3) emergency and first-aid pre-scheme against occupational poisoning accidents. An employing unit that engages in the operations in which high toxic substances are used shall, when it changes varieties of Article15 An employing unit which changes its name, legal representative, or person in charge shall make a report thereon for the Article 16 An employing unit that engages in the operations in which high toxic substances are used shall assign emergency and first-aid personnel Chapter III Protection in Working Process Article 17 An employing unit shall, in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases, The employing units that engage in the operations in which high toxic substances are used shall assign the full-time or part-time Article 18 The employing units shall sign labor contracts with their workers, truthfully inform the workers of the possible occupational poisoning Where the workers change their operating posts or work contents during the term of the labor contracts concluded and engage in Where the employing units violate the provisions of the preceding two paragraphs, their workers shall have the right to refuse Article 19 The relevant managing personnel of the employing units shall be familiar with the relevant laws and regulations on prevention and The employing units shall provide occupational health training before the workers take up their jobs, and conduct regular occupational The workers shall not take up their jobs unless they have received the training and passed the examination. Article 20 The employing units shall guarantee the normal service conditions of the safeguards against occupational health hazards, emergency The employing units shall frequently maintain and overhaul safeguards and facilities as specified in the preceding paragraph, In case that safeguards against occupational health hazards, emergency and first-aid facilities, and communication and alarm Article 21 The employing units shall provide protective appliances that meet the national occupational health standards to their workers engaging Article 22 Toxic substances shall be attached with the specifications to indicate the true information such as product property, essential ingredients, The employing units shall have the right to demand the specifications from units that manufacture or trade in toxic substances. Article 23 Packages for toxic substances shall meet the national standards, and the safety labels for poisoning articles shall be stuck or fastened Units that trade in or use toxic substances shall not trade in nor use toxic substances without safety labels, warning marks Article 24 The employing units shall, when maintaining or overhauling production installations involving the use of high toxic substances, work Maintenance or overhaul of production installations involving the use of high toxic substances shall be in strict accordance Article 25 Where it is required to enter and conduct operations in equipment, containers, or narrow or closed workplaces with high toxic substances, (1) to keep the workplaces in good ventilation conditions, and ensure that the concentration of factors of occupational poisoning (2) to provide their workers with protective appliances that meet the national occupational health standards; and (3) to assign the supervisory personnel and install the first-aid equipment on the spot. In case that the measures specified in the preceding paragraph are not taken or the measures taken fail to satisfy the requirements, Article 26 The employing units shall, in accordance with the provisions of the administrative department for public health under the State Council, The employing units that engage in the operations in which high toxic substances are used shall, at least once a month, detect When factors of occupational poisoning hazards in the workplaces where high toxic substances are used fail to meet the national Article 27 The employing units that engage in the operations in which high toxic substances are used shall set up shower compartments and changing After the workers complete their operations, working clothes, shoes, caps, etc. used by them shall be stored in the workplaces Article 28 The employing units shall, according to the provisions, shift posts for the workers engaging in the operations in which high toxic The employing units shall provide allowances to the workers engaging in the operations in which high toxic substances are used. Article 29 Where the employing units halt production, change the line of production, or are shut down or dissolved, or go into bankruptcy, they Article 30 The employing units shall frequently supervise and inspect their implementation of the provisions of these Regulations, and shall Chapter IV Occupational Health Surveillance Article 31 The employing units shall organize their workers engaging in the operations in which toxic substances are used to receive occupational The employing units shall neither assign the workers who have not received occupational health examinations before taking up their Article 32 The employing units shall organize their workers engaging in the operations in which toxic substances are used to receive occupational When finding that the workers with occupational taboos or health injuries relating to their jobs, the employing units shall remove With respect to the workers for whom the reexaminations and medical observations are required, the employing units shall arrange reexaminations Article 33 The employing units shall organize their workers engaging in the operations in which toxic substances are used to receive post-leaving In case that the employing units are divided, merged, dissolved, or go into bankruptcy, they shall arrange health examinations Article 34 The employing units shall duly arrange health examinations and medical observations for their workers who have suffered or are likely Article 35 The employing units shall bear expenses for the occupational health examinations and medical observations for their workers. Article 36 The employing units shall establish occupational health surveillance archives. The occupational health surveillance archives shall cover the following items: (1) workers’ occupational history, and the history of exposure to occupational poisoning hazards; (2) monitoring results of factors of occupational poisoning hazards in corresponding workplaces; (3) occupational health examination results and the disposition; and (4) materials relating to workers’ health, including diagnosis and treatment of occupational diseases. Chapter V Workers’ Rights and Obligations Article 37 In case of threat to life safety or hazard to physical health of the workers engaging in the operations in which toxic substances The employing units shall not cancel or reduce wages and benefits enjoyed by the workers in normal working hours if the workers Article 38 The workers shall enjoy the following occupational health protection rights: (1) to receive occupational health education and training; (2) to receive occupational diseases prevention and control services, including occupational health examination, diagnosis, treatment (3) to learn factors of occupational poisoning hazards that have been caused or are likely to be caused in workplaces, the consequences, (4) to require the employing units to provide safeguards against occupational poisoning hazards that satisfy the requirements (5) to criticize, make exposures of or charges against any act of jeopardizing the life and health in violation of laws and regulations (6) to refuse any command in violation of regulations or any order to conduct operations without safeguards against occupational poisoning (7) to participate in the employing units’ democratic management in the work involving occupational health, and make comments The employing units shall guarantee the exercise of the rights by the workers as specified in the preceding paragraph. It shall Article 39 The workers shall have the right to obtain the following materials from the employing units before they take up their jobs: (1) properties and harmful ingredients of toxic substances used in workplaces, preventive measures, education and training materials; (2) labels, marks, and the relevant materials of toxic substances; (3) the specifications for the safe use of toxic substances; and (4) other relevant materials which are likely to affect the safe use of toxic substances. Article 40 The workers shall have the right to consult or copy their own archives of occupational health surveillance. The workers shall have the right to demand duplicate copies of their health surveillance archives when leaving the employing Article 41 Where an employing unit has bought work injury insurance for its workers in accordance with the provisions of the State, the workers (1) medical expenses: expenses required for diagnosis and treatment of occupational diseases shall be paid from the work injury (2) in-hospital food allowances: these shall be paid by the employing unit in certain proportion of the local standards of food (3) rehabilitation expenses: these expenses shall be paid from the work injury insurance fund according to the prescribed standards; (4) expenses of appliances for the disabled: the expenses for supporting appliances out of the need of the disabled conditions (5) benefits enjoyed during the period of stopping of work but remaining on the payroll: their original wages and welfare benefits (6) nursing allowances: these allowances for the confirmed disability and necessary nursing services shall be paid from the work (7) lump-sum disability subsidies: where the workers are determined as Grade 10 to Grade 1 disability through assessment, they (8) disability allowances: where the workers are determined as Grade 4 to Grade 1 disability through assessment, they shall enjoy (9) death subsidies: where the workers are deceased due to occupational poisoning, such subsidies shall be paid in one lump sum (10) funeral subsidies: where the workers are deceased due to occupational poisoning, such subsidies shall be paid in one lump (11) pensions for supporting the family members: where the workers are deceased due to occupational poisoning, pensions shall (12) other welfare benefits of the work injury insurance provided by the State. Where the State adjusts the items and standards of the welfare benefits of the work injury insurance after the implementation Article 42 Where an employing unit has not bought work injury insurance, it shall, when its workers engaging in the operations in which toxic Article 43 Where an employing unit has no business license or its business license has been revoked according to law, it shall, when its workers OFFICIAL REPLY OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON THE RELEVANT ISSUES CONCERNING FOREIGN EXCHANGE REGISTRATION FOR PURCHASE OF RIGHT TO THE USE OF LAND WITHIN CHINA BY FOREIGN INVESTORS
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