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MEASURES FOR THE ADMINISTRATION OF PHARMACEUTICAL TRADE LICENSE






State Food and Drug Administration

Order of the State Food and Drug Administration

No.6

The Measures for the Administration of Pharmaceutical Trade License, deliberated and adopted at the executive meeting of the State
Food and Drug Administration on January 2, 2004, are hereby promulgated, and shall be implemented as of April st, 2004.

Zheng Xiaoyu, Director General of the State Food and Drug Administration

February 4th, 2004

Measures for the Administration of Pharmaceutical Trade License

Chapter I General Provisions

Article 1

With a view to strengthening supervision over and administration of the licensing of pharmaceutical trading, the present Measures
are hereby formulated in accordance with the Pharmaceutical Administration Law of the People’s Republic of China, the Regulations
on the Implementation of the Pharmaceutical Administration Law of the People’s Republic of China (hereinafter referred to as the
Pharmaceutical Administration Law, and Regulations on the Implementation of the Pharmaceutical Administration Law),

Article 2

The present Measures shall be applicable to the license issuance, renewal, alteration and supervision over and administration of Pharmaceutical
Trade License.

Article 3

The State Food and Drug Administration shall be in charge of the supervision over and administration of the licensing of national
pharmaceutical trading.

The departments of food and drug administration of the provinces, autonomous regions, and municipalities directly under the Central
Government shall be responsible for license issuance, renewal, alteration, and routine supervision over and administration of Pharmaceutical
Trade License of pharmaceutical wholesale enterprises within their respective jurisdictions, and shall direct and supervise the lower
level organs of food and drug administration on carrying out the supervision over and the administration of Pharmaceutical Trade
License.

The organs of food and drug administration at the level of cities with districts under them or those at the county level which are
set up directly by the departments of food and drug administration at the levels of provinces, autonomous regions, and municipalities
directly under the Central Government, shall be responsible for the work of license issuance, renewal, alteration and routine supervision
over and administration of Pharmaceutical Trade License of drug retail enterprises within their respective jurisdictions.

Chapter II Conditions for Applying for the Drug Business License

Article 4

In accordance with the provisions of Article 14 of the Pharmaceutical Administration Law, where a pharmaceutical wholesale enterprise
launches, it shall conform to the requirements for the reasonable overall arrangement for pharmaceutical wholesale enterprises of
provinces, autonomous regions, and municipalities directly under the Central Government for its establishment, and shall measure
up to the following standards for establishment:

1.

Having rules and regulations that can ensure the quality of drugs it deals in.

2.

The enterprise, the legal representative, responsible person, or the person responsible for quality control of the enterprise has
no circumstances as prescribed in Articles 76 and 83 of the Pharmaceutical Administration Law;

3.

Having a certain number of practicing apothecaries in line with its business scale. The person responsible for quality control shall
have a bachelor’s degree or above, and shall be a practicing apothecary as well;

4.

Having normal temperature warehouses, cool warehouses or refrigerators, which can ensure the quality requirements for pharmaceutical
storage and can fit in with its variety and scale of business, and in which there shall be special goods shelves for pharmaceutical
storage, and the installations and equipment of modern logistic system for the pharmaceuticals’ entering a warehouse, transmission,
sorting out, putting on shelves, and leaving a warehouse..

5.

Having independent computer management information system, which can cover the whole process of the pharmaceutical purchase, storage,
sale, and management and quality control within the enterprise, and can record all the information on the management and implementation
of the Standards for Quality Control of Pharmaceutical Trading of the enterprise; meeting the requirements of Standards for Quality
Control of Pharmaceutical Trading for each process of pharmaceutical management, and having conditions for accepting supervision
of the local departments or organs for food and drug administration; and

6.

Having conditions of conforming to the requirements of the Standards for Quality Control of Pharmaceutical Trading for pharmaceutical
business office, auxiliary and office buildings, and warehouse management, quality safeguards for pharmaceuticals in the warehouse,
and the entry-exit of warehouse, in-warehouse storage and maintenance.

Unless there are otherwise state provisions on management of stupefacient, psychotropic drugs, toxic drugs for medical treatment,
and preventive biological produce, those provisions shall prevail.

Article 5

The establishment of a pharmaceutical retail enterprise shall conform to the requirement of the number of local permanent residents,
regions, traffic status and actual needs, and follow the principle of convenience for the mass people to purchase pharmaceuticals,
and accord with the following provisions on establishment:

1.

Having rules and regulations that can ensure the quality of pharmaceuticals it deals in; and

2.

Having pharmaceutical technical personnel whose qualifications have been certified in jure.

A pharmaceutical retail enterprise, which undertakes the trading of prescriptive pharmaceuticals, or Class A non-prescriptive pharmaceuticals
(OTC), shall have practicing apothecaries or other pharmaceutical technical personnel whose qualifications have been certified in
jure. The person responsible for quality control shall have work experiences of quality control for pharmaceutical trading for no
less than one year.

A pharmaceutical retail enterprise, which undertakes the trading of Class B non-prescriptive pharmaceuticals (OTC), and the pharmaceutical
retail enterprises established in areas below the rural villages and towns, shall recruit business personnel according to Article
15 of the Regulations on the Implementation of the Pharmaceutical Administration Law, and the practicing apothecaries shall also
be recruited as long as conditions permit:

The aforesaid personnel shall be on the job during the business hours of the enterprise.

3.

The enterprise, legal representative, responsible person or person responsible for quality control of the enterprise has no circumstances
as prescribed in Articles 76 and 83 of the Pharmaceutical Administration Law;

4.

Having the places of business, equipment, warehouse facilities and sanitary conditions fitting in with the pharmaceuticals it deals
in. Where a retail pharmaceutical store is established in the supermarkets or within other commercial enterprises, it must have an
independent area; and

5.

Having abilities of supplying drugs that can meet the demand of local consumers, and ensuring the 24-hour supply. The departments
of food and drug supervision and administration of all provinces, autonomous regions, and municipalities directly under the Central
Government shall, according to the specific circumstances of the local regions, determine the variety and quantity of state basic
pharmaceuticals that shall be stocked by the pharmaceutical retail enterprises.

Unless there are otherwise state provisions on management of stupefacient, psychotropic drugs, toxic drugs for medical treatment,
and preventive biological produce, those provisions shall prevail.

Article 6

The formulation of implementation standards for checking and accepting the establishment of pharmaceutical wholesale enterprises shall
remain with the State Food and Drug Administration. The implementation standards for checking and accepting the establishment of
drug retail enterprises shall be formulated by the departments of food and drug administrations of the provinces, autonomous regions
and municipalities directly under the Central Government in accordance with the relevant contents of the present Measures and the
Standards for Quality Control of Pharmaceutical Trading, and shall be reported to the State Food and Drug Administration for archival
document.

Article 7

The checking and ratifying of the business scope of the pharmaceutical trading enterprises:

The business scope of pharmaceutical trading enterprises shall cover:

stupefacient, psychotropic drugs, and toxic drugs for medical treatment;

Biological produce;

Chinese traditional medicinal materials; Chinese traditional medicine drink pills; Chinese patent medicines, chemical material medicines
and their preparations; antibiotic material medicines and their preparations, biological and chemical medicines.

Where the enterprises undertake pharmaceutical retail, their class of business shall be checked and ratified, the applicants’ qualifications
of managing the prescriptive pharmaceuticals or non-prescriptive pharmaceuticals or Class B non-prescriptive pharmaceuticals shall
be determined first, and after the aforesaid has been clarified in their business scope, the specific scope of business shall be
checked and ratified.

The checking and ratifying of toxic drugs for medical treatment, stupefacient, psychotropic drugs, radioactive drugs and preventive
biological products shall be carried out according to the relevant state provisions on the administration of special pharmaceuticals
and preventive biological products.

Chapter III The Procedures for Applying for the Pharmaceutical Trade License

Article 8

The Pharmaceutical Trade License for opening a pharmaceutical wholesale enterprise shall be handled according to the procedures as
follows:

1.

The applicant shall file an application for preparing to establish such an enterprise with the departments of food and drug administration
of the provinces, autonomous regions, and municipalities directly under the Central Government at the place where the enterprise
to be established is located, and submit the following documents:

(1)

The original and photocopy of the certificate of educational backgrounds and personal resumes of the legal representatives, persons
responsible, and persons responsible for quality control of the enterprise to be established;

(2)

The original and photocopy of the practising license of the practicing apothecary;

(3)

The scope of pharmaceuticals to be dealt in; and

(4)

The place of business, equipment, warehouse establishments to be established and the sanitary conditions around, etc.

2.

The departments of food and drug administration shall handle the applications filed by an applicant separately according to the circumstances
as follows:

(1)

Where the matters applied for do not fall within the scope of the functions and powers of the corresponding departments, they shall
make a decision of not acceptance in time, and issue the Notice of Not Acceptance, and inform the applicant to apply to the relevant
departments of food and drug administration;

(2)

Where there is any mistake in application documents, and the mistake can be corrected on the spot, the applicant shall be permitted
to correct it on the spot;

(3)

Where the application documents are incomplete or don’t measure up to legal forms, the applicant shall be issued the Notice to Supplement
the Documents on the spot or within 5 days, and be informed to supplement the whole documents needed in one time. Where they fail
to inform the applicant within the prescribed time limit, the date of their receiving the application documents shall be deemed as
the date of acceptance; and

(4)

Where the matters applied for fall within the scope of functions and powers of the corresponding departments, and the documents thereof
are complete and conforming to the legal form, or the applicant has submitted all the supplementary documents as required, the Notice
of Acceptance shall be issued to the applicant. And the date indicated in the Notice of Acceptance shall be deemed as the date of
acceptance.

3.

The departments of food and drug administration shall, within 30 working days as of the date of accepting the application, make an
examination of the documents submitted according to the provisions of Article 4 of the present Measures, and make a decision on
whether or not to agree with the preparation for establishment, and notify the applicants in writing. Where they don’t agree with
the preparation for establishment, they shall explain the reason, and notify the applicants of their rights of applying for administrative
reconsideration or institute an administrative litigation in jure.

4.

After an applicant has finished the preparation for establishment, it shall submit an application for checking to the departments
of food and drug administration that accept the application, and submit the following documents:

(1)

Application for Pharmaceutical Trade License;

(2)

Documents of approval and certification issued by the departments for industry and commerce administration for the enterprise to be
established;

(3)

Organizational structure of the enterprise to be established;

(4)

Ground disposition plan of the places of business and warehouses, and certificates of the ownership of or right to use the houses;

(5)

Qualification certificates and letter of appointment of the special technical personnel in pharmacy certified in jure; and

(6)

The quality control documents of the enterprise to be established and the indexes of the warehouse establishments and facilities thereof.

5.

The departments of food and drug administration accepting the application shall, within 30 working days from the date of receiving
the application for checking, organize the checking according to the implementation standards for checking and accepting the establishment
of pharmaceutical wholesale enterprises, make decisions on whether or not to issue the Pharmaceutical Trade License. Those enterprises
meeting the requirements shall be issued the Pharmaceutical Trade License; and as to those not meeting the requirements, the applicants
shall be notified in writing and the reason shall be explained, and they shall be informed of the rights of applying for administrative
reconsideration or instituting an administrative litigation in jure.

Article 9

The Pharmaceutical Trade License for opening a pharmaceutical retail enterprise shall be handled according to the procedures as follows:

1.

The applicant shall file an application for preparing the establishment to the food and drug administrative organs at the level of
cities with districts under them where the enterprise to be established is located or to those of the county level established directly
by the departments of food and drug administration of provinces, autonomous regions, and municipalities directly under the Central
Government, and submit the following documents:

(1)

The originals or photocopies of the educational background, qualifications to practice or certificates of post_title of a technical post
of the legal representative, person in charge, person responsible for quality control of the enterprise to be established, and their
personal resumes and qualification certificates and letter of appointment of the special technical personnel;

(2)

The scope of pharmaceuticals to be dealt in; and

(3)

The conditions of the place of business, warehouse facilities and equipment to be established.

2.

The food and drug administrative organs shall handle the application of an applicant separately according to the following conditions:

(1)

Where the matters applied for do not fall within the scope of functions and powers of the corresponding departments, they shall make
decisions of not acceptance immediately, issue the Notice of Not Acceptance, and inform the applicant to apply to the relevant departments
of food and drug administration;

(2)

Where there is any mistake in the application documents, and it can be corrected on the spot, the applicant shall be permitted to
do it on the spot;

(3)

Where the application documents are incomplete or do not measure up to the legal form, they shall issue the Notice for Supplementing
the Documents to the applicants on the spot or within 5 days, and inform them of the whole contents to be supplemented in one time.
If they fail to inform the applicants within the prescribed time limit, the date of receiving the application documents shall be
deemed as the date of acceptance; and

(4)

Where the matters applied for fall within the scope of functions and powers of the corresponding departments, and the documents thereof
are complete and conforming to the legal form, or the applicant has submitted all the supplementary documents as required, the Notice
of Acceptance shall be issued to the applicant. And the date indicated in the Notice of Acceptance shall be deemed as the date of
acceptance.

3.

The departments of food and drug administration shall, within 30 working days from the date of accepting the application, make an
examination of the documents submitted according to the provisions of Article 5 of the present Measures, and decide whether or not
to agree with the preparation for establishment, and notify the applicant in writing. If they disagree, they shall explain the reason,
and notify the applicants of their rights of applying for administrative reconsideration or instituting an administrative litigation
in jure.

4.

After the applicant has finished the preparation for establishment, it shall file an application for checking to the departments of
food and drug administration that accept the application, and submit the following documents:

(1)

Application for Pharmaceutical Trade License;

(2)

Documents of approval and certification issued by the departments for industry and commerce administration for the enterprise to be
established;

(3)

Ground disposition plan of the places of business and warehouses, and the certificates of the ownership of or right to use the houses;

(4)

Qualification certificates and letter of appointment of the special technical personnel in pharmacy certified in jure; and

(5)

The quality control documents of the enterprise to be established and the indexes of the warehouse establishments and facilities thereof.

5.

The food and drug administrative organs accepting the application shall, within 15 working days as of the date of receiving the checking
application, organize a checkup in light of the implementation standards for checking and accepting the establishment of pharmaceutical
retail enterprises, and make decisions on whether or not to issue the Pharmaceutical Trade License. Where the enterprises fail to
meet the conditions, the applicants shall be notified in writing of the reason, and meanwhile shall be informed of their rights of
applying for administrative reconsideration or instituting an administrative litigation in jure.

Article 10

Where the departments or organs of food and drug administration find out that the matters of administrative license of an applicant
concern directly the major interests of other people when making an examination of its application, they shall notify the interested
party. The acceptance departments shall hear the statement and pleadings of the applicant or the interested party. Where the matters
shall be dealt with through a hearing in jure, a hearing shall be held in light of the provisions of law.

Article 11

The departments or organs of food and drug administration shall publicize the relevant information on Pharmaceutical Trade License
they have issued, and the general public shall have the right to consult.

Where, after the publicity of the information, an enterprise is found to have acts of providing false documents, data or other deceptive
acts in the process of applying for the Pharmaceutical Trade License, it shall be punished in jure.

Article 12

The Pharmaceutical Trade License is the legal credence of an enterprise for its undertaking of pharmaceutical trade activities, no
entity or individual may forge, alter, deal, lease or lend it.

Chapter IV Alteration and Renewal of Pharmaceutical Trade License

Article 13

The alteration of the Pharmaceutical Trade License shall include the alteration of the license matters and alteration of registration
matters.

The alteration of license matters refers to the alteration of the means of operation, scope of business, place of registration and
warehouse (including increase or decrease of the warehouses), legal representatives, person in charge, and person responsible for
quality control of the enterprise.

The alteration of registration matters refers to changes on matters not mentioned in the aforesaid paragraphs.

Article 14

Where a pharmaceutical trading enterprise alters the license matters concerning the Pharmaceutical Trade License, it shall apply for
an alteration of registration on Pharmaceutical Trade License to the former organs for issuing license 30 days in advance. And no
license matters shall be altered without approval.

The former organs for issuing license shall, within 15 working days from the date of receiving the application for enterprise alteration
and alteration of the application documents, make a decision on whether or not to grant the alteration.

Where an enterprise applies for alteration of the license matters, the original license issuing departments may not handle the formalities
for alteration until they have checked and accepted the enterprise and confirmed its eligibility in light of the conditions as prescribed
in the present Measures.

After a pharmaceutical trading enterprise has made alteration on the license matters concerning the Pharmaceutical Trade License,
it shall go through the relevant alteration procedures for enterprise registration to the departments for industry and commerce administration
in jure.

Where an enterprise divides, merges, or changes its means of operation, or transfers exceeding the former jurisdictions, its Pharmaceutical
Trade License shall be handled anew in light of the provisions of the present Measures.

Article 15

Where a non-legal person branch of an enterprise legal person alters the license matters of the Pharmaceutical Trade License, it shall
show the alteration application with the opinions of the upper level legal person signed therein.

Article 16

Where an enterprise is put on records and investigated into by the departments or organs of food and drug administration for illegal
operation, and the case has not been concluded yet; or a decision of administrative punishment has been made but the punishment has
not been executed, the organs for issuing license shall suspend the acceptance of its application for alteration of the Pharmaceutical
Trade License.

Article 17

Where a pharmaceutical trading enterprise alters the registration matters of the Pharmaceutical Trade License, it shall, within 30
days after the alteration has been approved by the departments for industry and commerce administration, apply for alteration registration
on the Pharmaceutical Trade License to the former organs for issuing license, who shall then handle alteration formalities for it
within 15 working days from the date of receiving the application for enterprise alteration and alteration application documents.

Article 18

After the registration matters of the Pharmaceutical Trade License have been altered, the former organs for issuing license shall
record the contents and time for alteration in the duplicate of the Pharmaceutical Trade License, and change and issue anew the original
copy of the Pharmaceutical Trade License in light of the contents altered, and take back the original copy of the Pharmaceutical
Trade License. The period of validity of the altered Pharmaceutical Trade License shall remain unchanged.

Article 19

The period of validity of the Pharmaceutical Trade License shall be 5 years. If the license holding enterprises need to continue the
trading of pharmaceuticals at the expiration of the period of validity, they shall apply to the original license issuing enterprises
for a renewal of the Pharmaceutical Trade License within 6 months before the expiration of the period of validity. The former organs
for issuing license shall make examination in light of the conditions for application and establishment as prescribed in the present
Measures. If the requirements are met, they shall withdraw the original license and reissue a new one. If the requirements are not
met, they shall order the enterprises to rectify within a time limit of three months. And if the requirements are still not met after
the rectification, the original Pharmaceutical Trade License shall be written off.

The departments or organs of food and drug administration shall, upon the application of pharmaceutical management enterprises, make
decisions on whether or not to approve their renewal of licenses before the expiration of the period of validity of the Pharmaceutical
Trade License. If they fail to make decisions within the time limit, they shall be considered as having approved the renewal of license.

Chapter V Supervision and Inspection

Article 20

The departments or organs of food and drug administration shall strengthen the supervision and inspection over the enterprises holding
the Pharmaceutical Trade Licenses. And the enterprises holding the licenses shall accept the supervision and inspection in light
of the provisions of the present Measures.

Article 21

The contents of supervision and inspection shall mainly include:

1.

The name of the enterprise, business address, place of warehouses, legal representative or responsible person of the enterprise, person
responsible for quality control, means of operation, scope of business, the branches, and the implementation and alteration of other
important matters concerned;

2.

The alteration of the business establishments and equipment of the enterprise and the warehouses conditions;

3.

The implementation of the Standards for Quality Control of Pharmaceutical Trading by the enterprise; and

4.

Other relevant matters that the organs for issuing license need to examine.

Article 22

The supervision and inspection may be made by ways of inspection in written forms, on-the-spot inspection or the combination of the
two ways above-mentioned.

1.

The organs for issuing license may require the license holding enterprises to submit the relevant documents of the Pharmaceutical
Trade License, and perform their supervision functions through checking the relevant documents; or

2.

The organs for issuing license may make an on-the-spot inspection on the enterprises holding the license.

In case an enterprise is under any of the following circumstances, it shall be examined on the spot:

(1)

Newly established enterprises in the last year;

(2)

Enterprises having problems in the inspection of the last year;

(3)

Enterprises being imposed upon an administrative punishment for violating the relevant laws and regulations; or

(4)

Enterprises that should be examined on the spot as believed by the organs for issuing license.

The work for supervision and inspection and examination on license alteration may be carried out together in the same year as the
renewal of the Pharmaceutical Trade License.

Article 23

The standards for on-the-spot inspection on Pharmaceutical Trade License shall be formulated by the organs for issuing license according
to the implementation standards for checking and accepting the establishment of pharmaceutical wholesale enterprises and those of
pharmaceutical retail enterprises, and the certification and inspection standards of the Standards for Quality Control of Pharmaceutical
Trading, as well as the items for on-the-spot inspection, and shall be reported to the upper level departments (organs) of (food)
drug administration for archive documents.

Article 24

Where any business enterprise is found to have violated the requirements of the Standards for Quality Control of Pharmaceutical Trading
in the supervision and inspection, the organs for issuing license shall order it to rectify within a prescribed time limit. If an
enterprise violates the provisions of Article 16 of the Pharmaceutical Administration Law, and still fails to meet the requirements
for undertaking the pharmaceutical business activities after rectification, it shall be punished in light of the provisions of Article
79 of the Pharmaceutical Administration Law.

Article 25

Where an organ for issuing license makes supervision and inspection over pharmaceutical trading enterprises in jure, it shall record
the conditions of supervision and inspection and the conclusions of disposal, and put the records on archives after they have been
signed by the supervisors and inspectors. The general public shall have the right to consult the relevant records over supervision
and inspection. And the organs for issuing license shall record the conclusions for on-the-spot inspection on the duplicate of the
Pharmaceutical Trade License and publicize them.

Article 26

Under any of the following circumstances, the Pharmaceutical Trade License shall be written off by the former organs for issuing license:

1.

The Pharmaceutical Trade License fails to be renewed at the expiration of its period of validity;

2.

The pharmaceutical trading enterprise terminates the operation of drugs or is closed down;

3.

The Pharmaceutical Trade License is revoked, withdrawn, suspended, taken back, written off or invalidated;

4.

The license matters of the Pharmaceutical Trade License fail to be implemented due to force majeure; or

5.

Other circumstances that the administrative license shall be written off as prescribed by laws and regulations.

Where the departments or organs of food and drug administration write off the Pharmaceutical Trade License, they shall notify the
relevant departments for industry and commerce within 5 working days since the date of the writing-off.

Article 27

The Pharmaceutical Trade License shall include the original copies and duplicate copies, which shall have the same legal force.

Article 28

The organs for

NOTICE OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON STRICTLY IMPLEMENTING THE STANDARDS FOR EXPENSES EXEMPTED FROM INDIVIDUAL INCOME TAX AND NON-TAXABLE ITEMS

the ministry of finance, the state administration of taxation

Notice of the Ministry of Finance and the State Administration of Taxation on Strictly Implementing the Standards for Expenses Exempted
from Individual Income Tax and Non-Taxable Items

CaiShui [2004] No.40

February 6, 2004

Finance offices or bureaus and administrations of local taxation of all provinces, autonomous regions, and municipalities directly
under the Central Government, and cities directly under state planning, and finance bureau of Xinjiang Production and Construction
s:

Recently, some regions have, in violation of tax laws and the national uniform provisions, increased the standard for expenses exempted
from “income from wages and salaries” of individual income tax without permission, and enlarged the application scope for non-taxable
items. These violations have breached the principle of administering taxation according to law, and are harmful for achieving uniform
tax policies, equitable tax burdens and normalized taxation systems, and have brought about very negative influence on the adjustment
of income distribution , the organization of the revenue from individual income tax, and the rectification and normalization of taxation
order. In order to implement the policy and strategy of managing state affairs according to law, and genuinely materialize the requirements
for administration by law, and maintain the seriousness, authority and unity of the tax law, we hereby give the following Notice
on issues concerning the regulation of the standard for expenses exempted from individual income tax and non-taxable items:

I.

To administer taxation according to law and unify tax policies is the embodiment of implementing the basic policy of managing state
affairs by law and administration by law, and is also an important measure for perfecting the system of socialist market economy,
and rectifying and regulating the order of market economy. As was pointed out in the Decision of the Central Committee of the Communist
Party of China on Some Issues Concerning the Improvement of the Socialist Market Economy, which was adopted by the third Plenary
Session of the 16th CPC Central Committee, efforts shall be made to enhance law enforcement and to improve the capabilities and levels
of administrative law enforcement, so as to guarantee the effective implementation of laws and regulations and to safeguard the unity
and dignity of the legal system. The Law of the People’s Republic of China on the Administration of Tax Collection and its detailed
implementation rules prescribe that “No departments, entities or individuals are permitted to make without authorization, by violating
laws or administrative regulations, decisions regarding the collection of tax or the cessation thereof, the reduction, exemption
or refund of tax, the payment of tax evaded or overdue or other decisions in conflict with tax laws or administrative regulations”.
“Any decision conflicting with the tax laws and administrative regulations, made by whatever department, entity or individual, is
void without exception, and the tax authorities shall not execute such a decision and shall report to the higher tax authorities.”
And the Individual Income Tax Law of the People’s Republic of China is the tax law formulated by the National People’s Congress,
and all the regions, departments, entities and individuals shall have the duty to maintain the seriousness, integrity and uniformity
of the Individual Income Tax Law consciously, and have no right to change the provisions of the tax law at will.

II.

For the ten years since the implementation of the existing Individual Income Tax Law. The construction of socialist market economy
of our country has seen great developments, and the conditions of national economy and individual income have changed greatly. As
a result, some provisions of the existing Individual Income Tax Law cannot fully meet the requirements for such developments and
changes, and indeed needs to be revised and further perfected according to the new changes. Therefore, the Central Committee of the
Communist Party of China and the State Council have attached high importance to it, and the requirement for “improving individual
income tax” has been put forward in the Decision of the Central Committee of the Communist Party of China on Some Issues Concerning
the Improvement of Socialist Market Economy, and on this basis the state legislative departments have listed the revision of Individual
Income Tax Law into the lawmaking plan. But, before the completion of the revision on Individual Income Tax Law, the existing provisions
must be abided by. No district, department or entity may be permitted to improve the standards for deduction of expenses for Individual
Income Tax without authorization of the National People’s Congress and the Standing Committee of the National People’s Congress,
nor shall they enlarge the application scope for non-taxable items in any disguised form or exceeding their power. According to the
state law for the administration on tax collection, all levels of taxation authorities shall not implement the provisions of documents
concerning the improvement of standard for expenses exempted from individual income tax without permission or enlarging the application
scope for non-taxable items by some regions in violation of the uniform policy, and the provisions having been implemented shall
be stopped.

III.

Since the implementation of the new taxation system in 1994, in order to meet the requirements for economic development and the continuous
deepening the reform of economic system, the Ministry of Finance and the State Administration of Taxation have, according to their
power for taxation administration, distributed documents concerning items exempt from individual tax. The policies prescribed in
these documents have clearly specified the contents, standards and application scope (object). The taxation authorities at all levels
shall strictly abide by the provisions as required in their implementation, and shall not enlarge the application scope (objects)
or improve standards without permission, nor shall they enlarge these provisions to a uniform standard applicable to all individuals.

IV.

The finance and taxation authorities at all levels shall perform their functions resolutely in accordance with the provisions of the
law on the administration of tax collection, and propose opinions of administering taxation according to law when the local governments
are making research and planning to make provisions not in conformity with the Individual Income Tax Law. And they shall elaborate
on the relevant provisions of tax law to the respective government, and report to the upper level finance and taxation authorities
according to the provisions of law on the administration of tax collection. After receiving this Notice, the finance and taxation
authorities at all levels shall report to the local Party and government leaders in time, and do a good job in publicizing and explaining
this to the Party and government leaders and all circles of the society as well as the vast taxpayers, so as to ensure the accurate
implementation of the Individual Income Tax Law and promote the overall, coordinated and healthy development of socialist economy.

 
the ministry of finance, the state administration of taxation
2004-02-06

 




LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON SECURITIES INVESTMENT FUND






Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.9

The Law of the People’s Republic of China on Securities Investment Fund, which was adopted at the fifth meeting of the Standing Committee
of the Tenth National People’s Congress on October 28, 2003, is hereby promulgated and shall take effect as of June 1, 2004.

Hu Jintao, the President of the People’s Republic of China

October 28, 2003

Law of the People’s Republic of China on Securities Investment Fund ContentsChapter I General Provisions

Chapter II Fund Managers

Chapter III Fund Trustees

Chapter IV Raising of Fund

Chapter V Trading of Fund Shares

Chapter VI Subscription to and Redemption of Fund Shares

Chapter VII Fund Operations and Information Disclosure

Chapter VIII Alteration and Termination of the Fund Contract and Liquidation of Fund Property

Chapter IX Rights of the Fund Share Holders and the Exercise thereof

Chapter X Supervision and Administration

Chapter XI Legal LiabilitiesChapter XII Supplementary Provisions

Chapter I General Provisions

Article 1

The present Law is enacted with a view to regulating the activities concerning securities investment fund, to protect the legitimate
rights and interests of the investors and other relevant parties, and to promote the healthy development of securities investment
fund and securities market.

Article 2

The present Law shall apply to the securities investment activities conducted through the method of portfolio and through public offering
of fund shares to raise securities investment fund (hereinafter referred to as fund), which is managed by fund managers and entrusted
to fund trustees for the benefits of the fund share holders; the matters not covered by the present Law shall be governed by the
Trust Law of the People’s Republic of China, the Securities Law of the People’s Republic of China, and other relevant laws and administrative
regulations.

Article 3

The rights and obligations of the fund managers, fund trustees and fund share holders shall be stipulated in the fund contracts in
accordance with the present Law.

The fund managers and fund trustees shall perform the duties of trusteeship in accordance with the present Law and the fund contract.
A holder of fund shares shall enjoy the benefits and bear the risks to the extent of the fund shares it holds.

Article 4

Those engaging in the activities involving securities investment fund shall adhere to the principles of free will, fairness and good
faith, and may not impair the state and public interests.

Article 5

A fund contract shall stipulate the operation method of the fund. A fund can be operated in a closed, open, or any other way.

A fund operated in a closed way (hereinafter referred to as closed fund) refers to the fund of which the ratified total fund shares
remains fixed during the valid term of the fund contract and of which the fund shares can be traded on the securities exchanges established
according to law, but can not be redeemed by the fund share holders through application.

A fund operated in an open way (hereinafter referred to as open fund) refers to the fund of which the total fund shares are unfixed
and of which the fund shares may be subscribed to or redeemed at the time and place stipulated in the fund contract.

The methods of offering, trading, subscription and redemption of the fund shares of other funds operated through other methods shall
be separately formulated by the State Council.

Article 6

Fund property shall be independent from the property owned by the fund manager and fund trustee. The fund manager and fund trustee
may not attribute any of the fund property into their own property.

The property and benefits obtained by the fund manager and fund trustee as a result of the management, utilization or any other use
of the fund shall be included into the fund property.

Where the fund manager or fund trustee goes into liquidation as a result of dissolution, cancellation, or declared bankruptcy according
to law, the fund property shall not be taken as their liquidation property.

Article 7

The credit rights of fund property may not be set off against the debts of the property owned by the fund manager and fund trustee;
and the credit rights and debts of different fund properties may not be set off against each other.

Article 8

The debts not arising out of the fund property may not be enforced against such fund property.

Article 9

The fund manager and fund trustee shall, in managing and utilizing the fund property, devote themselves to their duties and perform
the obligations of good faith, prudence and diligence.

Fund practitioners shall have obtained the qualifications for practice relating to funds, and shall abide by the laws, administrative
regulations, professional ethics, and code of conduct.

Article 10

Fund managers, fund trustees and fund share offering institutions may establish trade associations to strengthen self-regulation,
coordinate trade relationship, provide trade services, and promote the development of the trade.

Article 11

The securities regulatory department under the State Council shall supervise and regulate the activities concerning securities investment
fund according to law.

Chapter II Fund Managers

Article 12

Fund managers shall be assumed by the fund management companies established according to law.

To be a fund manager, the ratification of the securities regulatory department under the State Council is required.

Article 13

For establishment of a fund management company, the following conditions shall be satisfied and the approval of the securities regulatory
department under the State Council is required:

1)

Having the articles of association which are in conformity with the present Law and the Company Law of the People’s Republic of China;

2)

Having a registered capital of no less than 100 million RMB and all of the capital being paid-in monetary capital;

3)

Principal shareholders having good business performance and public reputation in the securities business, securities investment consultation,
trust assets management or other financial assets management, having no record of violation of law within the last 3 years, and having
a registered capital of no less than 300 million RMB;

4)

The number of persons with fund practice qualification reaching the statutory requirement;

5)

Having business sites, security facilities and other facilities relating to fund management business that comply with the requirements;

6)

Having sound internal auditing and monitoring system and risk control system;

7)

Other conditions provided for by laws and administrative regulations and those provided for by the securities regulatory department
under the State Council and approved by the State Council.

Article 14

The securities regulatory department under the State Council shall, within 6 months from accepting the application for establishment
of a fund management company, make the examination pursuant to the conditions specified in Article 13 hereof and the principle of
prudent regulation, make the decision whether to grant the approval or not, and notify the applicant, and shall explain the reasons
if no approval is granted.

Where a fund management company is to establish any branch, modify its articles of association, or alter any other major matters,
it shall apply to the securities regulatory department under the State Council for approval. The securities regulatory department
under the State Council shall, within 60 days from the day of accepting the application, make the decision whether to grant approval
or not, and notify the applicant, and shall explain the reasons if no approval is granted.

Article 15

None of the following personnel may be a securities practitioner of a fund manager:

1)

Those being given criminal penalties for the crime of bribery and embezzlement, malfeasance, or encroachment of property, or the crime
of undermining the socialist market economic order;

2)

The directors, supervisors, factory directors, mangers and other senior executives who are personally liable for the bankruptcy and
liquidation due to poor management or the revocation of business license due to violation of law of the companies and enterprises
in which they hold office, provided that it has been less than 5 years since the day of the end of the bankruptcy liquidation or
of the revocation of business license;

3)

Those with large amount of outstanding personal debts;

4)

The practitioners of fund managers, fund trustees, securities exchanges, securities companies, securities registration and settlement
institutions, futures exchanges, futures brokerage companies and other institutions, and the state functionaries that have been dismissed
due to violations of law;

5)

The lawyers, certified accountants, practitioners of assets evaluation institutions and assets verification institutions, and practitioners
of investment consultation institutions whose practice licenses have been revoked or who have been disqualified due to violations
of law;

6)

Other personnel that may not engage in the fund business as provided for by any law or administrative regulation.

Article 16

The managers and other senior managerial personnel of a fund manager shall be familiar with the laws and administrative regulations
concerning securities investment, have the qualification for fund practice, and have worked in the field relevant to the position
they hold for more than 3 years.

Article 17

The selection or change of the managers and other senior managerial personnel of a fund manager shall be submitted to the securities
regulatory department under the State Council for examination in accordance with the conditions for holding such office provided
for by the present Law and other relevant laws and administrative regulations.

Article 18

The directors, supervisors, managers and other practitioners of a fund manager may not hold any position in the fund trustee or other
fund managers, and may not conduct any securities transactions and other activities that impair the fund property and the interests
of the fund share holders.

Article 19

A fund manager shall perform the following duties:

1)

Raising the fund according to law and handling or entrusting other institutions recognized by the securities regulatory department
under the State Council to handle the offering, subscription, redemption and registration of fund shares;

2)

Making fund records;

3)

Applying separate management and separate account books to different fund properties it manages to make securities investment;

4)

Determining the scheme on distribution of fund proceeds according to the stipulations of the fund contract and distributing profits
to the holders of fund shares in good time;

5)

Making fund accounting and preparing the fund financial accounting report;

6)

Preparing midterm and annual fund reports;

7)

Calculating and publicizing the net value of the fund assets and determining the prices for subscription and redemption of the fund
shares;

8)

Handling the relevant information disclosures related to the management of the fund property;

9)

Convening the fund share holders’ meeting;

10)

Keeping the records, account books, statements and other relevant materials of the fund property management;

11)

Exercising litigation rights or carrying out other legal action in the name of the fund manager for the interests of the fund share
holders;

12)

Other duties provided for by the securities regulatory department under the State Council.

Article 20

A fund manager may not conduct any of the following acts:

1)

Mixing its own property or the property of others with the fund property to make securities investment;

2)

Treating different fund properties it manages unfairly;

3)

Seeking benefits for any third party other than the fund share holders by using the fund property;

4)

Unlawfully promising the fund share holders to make benefits or bear losses;

5)

Any other acts prohibited by the securities regulatory department under the State Council in accordance with the relevant provisions
of the laws and administrative regulations.

Article 21

With respect to a fund manager under any of the following circumstances, the securities regulatory department under the State Council
shall, according to its powers, order that fund manager to make rectification or disqualify it as a fund manager:

1)

Having committed any serious violations of laws or rules;

2)

No longer meeting the conditions provided for in Article 13 hereof;

3)

Other circumstances provided for by laws and administrative regulations.

Article 22

Under any of the following circumstances, the duties of a fund manager shall terminate:

1)

Being disqualified for fund management;

2)

Being dismissed by the fund share holders’ meeting;

3)

Being dissolved, or cancelled, or declared bankruptcy according to law;

4)

Other circumstances stipulated in the fund contract.

Article 23

Where the duties of a fund manager terminate, the fund share holders’ meeting shall appoint a new fund manager within 6 months; before
the appointment of the new fund manager, the securities regulatory department under the State Council shall designate a temporary
fund manager.

A fund manager shall, upon termination of its duties, keep in good conditions the materials of fund management and process the formalities
for handover of the business in good time, the new fund manger or temporary fund manager shall take over the business in good time.

Article 24

A fund manager shall, upon termination of its duties, retain an accounting firm to audit the fund property, publicize the auditing
results and put on record with the securities regulatory department under the State Council.

Chapter III Fund Trustees

Article 25

Fund trustee shall be assumed by a commercial bank which was established according to law and has obtained the qualification for fund
trust.

Article 26

To apply for the qualification for fund trust, a commercial bank shall satisfy the following conditions and be ratified by the securities
regulatory department and the banking regulatory department under the State Council:

1)

Its net assets and capital adequacy complying with the relevant provisions;

2)

Having set up a specialized department of fund trust;

3)

The number of the full-time personnel with fund practice qualification reaching the statutory requirement;

4)

Having the conditions for safe keeping of the fund property;

5)

Having safe and high efficient clearing and settlement system;

6)

Having business sites, security facilities and other facilities relating to fund trust business that meet the requirement;

7)

Having sound internal auditing and monitoring system and risk control system;

8)

Satisfying other conditions provided for by laws and administrative regulations and the conditions provided for by the securities
and banking regulatory departments under the State Council and approved by the State Council.

Article 27

Articles 15 and 18 shall apply to the practitioners of the specialized fund trust department of a fund trustee.

Articles 16 and 17 shall apply to the managers and other senior managerial personnel of the specialized fund trust department of a
fund trustee.

Article 28

A fund trustee and a fund manager may not be the same party, and may not make capital contribution to or hold the shares of each other.

Article 29

A fund trustee shall perform the following duties:

1)

Keeping the fund property safely;

2)

Opening capital accounts and securities accounts of the fund property pursuant to the provisions;

3)

Setting up separate accounts for different fund properties under its trust and ensuring the completeness and independence of the fund
properties;

4)

Keeping the records, account books, statements and other relevant materials of the fund trust business;

5)

Handling the clearing and settlement at the investment orders of the fund manager pursuant to the stipulations of the fund contract;

6)

Handling the information disclosures relating to the fund trust business activities;

7)

Presenting opinions on the fund financial accounting report and the midterm and annual fund reports;

8)

Checking and examining the net value of the fund assets and the subscription and redemption prices of the fund shares calculated by
the fund manager;

9)

Convening the fund share holders’ meeting pursuant to the provisions;

10)

Supervising the investment operations of the fund manager pursuant to the provisions;

11)

Other duties provided for by the securities regulatory department under the State Council.

Article 30

Where a fund trustee finds out that any investment order of a fund manager is in violation of any of the laws, administrative regulations
or other relevant provisions, or the stipulations of the fund contract, it shall refuse to execute such order, notify the fund manager
immediately and report to the securities regulatory department under the State Council in good time.

Where a fund trustee finds out that any investment order of a fund manager which has taken effect according to the transaction procedures
is in violation of the laws, administrative regulations or other relevant provisions, or the stipulations of the fund contract, it
shall notify the fund manager immediately and report to the securities regulatory department under the State Council in good time.

Article 31

The provisions of Article 20 hereof shall apply to fund trustees.

Article 32

With respect to a fund trustee under any of the following circumstances, the securities and banking regulatory departments under the
State Council shall, according to their powers, order it to make rectification or disqualify it as a fund trustee:

1)

Having committed any serious violation of laws and rules;

2)

No longer meeting the conditions provided for in Article 26 hereof;

3)

Other circumstances provided for by laws and administrative regulations.

Article 33

The duties of a fund trustee shall be terminated under any of the following circumstances:

1)

Being disqualified as a fund trustee;

2)

Being dismissed by the fund share holders’ meeting;

3)

Being dissolved, cancelled, or declared bankruptcy according to law; or

4)

Other circumstances stipulated in the fund contract.

Article 34

Upon termination of the duties of a fund trustee, the fund share holders’ meeting shall appoint a new fund trustee within 6 months;
and before the appointment of the new fund trustee, the securities regulatory department under the State Council shall designate
a temporary fund trustee.

A fund trustee shall, upon termination of its duties, keep in good conditions the fund property and fund trust business materials
and process the formalities for handover of the property and business in good time, the new fund trustee or temporary fund trustee
shall take over the property and business in good time.

Article 35

A fund trustee shall, upon termination of its duties, retain an accounting firm to audit its fund property pursuant to the provisions,
publicize the auditing results, and report to the securities regulatory department under the State Council for archival purposes
at the same time.

Chapter IV Raising of Fund

Article 36

A fund manager shall, when offering fund shares and raising fund pursuant hereto, submit the following documents to and get ratification
from the securities regulatory department under the State Council:

1)

An application report;

2)

A draft fund contract;

3)

A draft fund trust agreement;

4)

A draft prospectus;

5)

Qualification certificates of the fund manager and fund trustee;

6)

Financial accounting reports, which have been audited by accounting firms, of the fund managers and fund trustees of the last 3 years
or since their establishment;

7)

Letters of legal opinion issued by law firms; and

8)

Other documents to be submitted as provided for by the securities regulatory department under the State Council.

Article 37

A fund contract shall include the following contents:

1)

Purpose for raising the fund and the name of the fund;

2)

Names and domiciles of the fund manager and fund trustee;

3)

Method of fund operation;

4)

Total fund shares and the valid term of the fund contract in the case of a closed fund, or the minimum total shares to be raised in
the case of an open fund;

5)

Principles for determining the date of offering of fund shares, the prices and expenses;

6)

Rights and obligations of the fund share holders, fund manager and fund trustee;

7)

Procedures and rules for the convening of, and deliberation and voting on the fund share holders’ meeting;

8)

The procedures, time and place of the offering, trading, subscription and redemption of fund shares, the calculation method of expenses,
and the time and method of payment of redemption price;

9)

Principles for the distribution of fund proceeds and the method of execution of such principles;

10)

Methods of drawing and paying and proportions of the administrative fees and trust fees as the remuneration of the fund manager and
fund trustee;

11)

Methods of drawing and paying other expenses relating to the management and utilization of fund property;

12)

Directions of and restrictions on investment of fund property;

13)

Calculation method and publicizing method of the net value the fund assets;

14)

Methods of handling where the fund raised fails to meet the statutory requirements;

15)

Causes and procedures for avoidance and termination of the fund contract, as well as the liquidation method of the fund property;

16)

Dispute settlement methods;

17)

Other matters agreed upon by the parties.

Article 38

The prospectus of a fund shall include the following contents:

1)

Name of the ratification document for the application for fund raising and the date of ratification;

2)

Basic information of the fund manager and fund trustee;

3)

Summary of the fund contract and fund trust agreement;

4)

Date of offering, prices, expenses, and period of offering of the fund shares;

5)

Method of offering the fund shares and the names of the offering institution and registration institution;

6)

Names and domiciles of the law firms issuing letters of legal opinion and the accounting firms auditing the fund property;

7)

Methods of drawing and paying and proportions of the remuneration of the fund manager and fund trustee and other relevant expenses;

8)

Contents of risk warning; and

9)

Other contents provided for by the securities regulatory department under the State Council.

Article 39

The securities regulatory department under the State Council shall, within 6 months from the day of accepting an application for fund
raising, make the examination pursuant to the laws and administrative regulations, the provisions of the securities regulatory department
under the State Council, and the principle of prudence, make the decision to grant ratification or not and notify the applicant;
and shall explain the reasons if ratification is not granted.

Article 40

Fund shares may be offered only after the application for fund raising has been ratified.

Article 41

The offering of fund shares shall be the responsibility of the fund manager; and the fund manager may entrust another agency recognized
by the securities regulatory department under the State Council to handle the offering on its behalf.

Article 42

A fund manager shall publicize the prospectus, fund contract and other relevant documents 3 days prior to the offering of the fund
shares.

The documents specified in the preceding paragraph shall be true, accurate and complete.

Publicity and promotion of the fund raising shall be in conformity with the relevant laws and administrative regulations and shall
not involve any acts specified in Article 64 hereof.

Article 43

A fund manager shall start raising fund within 6 months from the day of receiving the ratification document. If the fund raising starts
after that 6 months and no substantial alterations have happened to the ratified matters, the fund manager shall report to the securities
regulatory department under the State Council for archival purposes; and if there is any substantial alteration, it shall file a
new application with the securities regulatory department under the State Council.

The fund raising shall be finished within the fund raising period ratified by the securities regulatory department under the State
Council. The fund raising period shall be calculated starting from the day of offering the fund shares.

Article 44

Upon expiration of the fund raising period, in the case of a closed fund, if the total amount of fund shares raised reaches 80% or
more of the ratified scale, or in the case of an open fund, if the total amount of fund shares raised reaches the minimum amount
ratified, and if the number of the fund share holders meets the provisions of the securities regulatory department under the State
Council, the fund manager shall, within 10 days from the expiration of the fund raising period, retain a statutory capital verification
agency to make capital verification, and shall, within 10 days from receiving the capital verification report, submit the report
to the securities regulatory department under the State Council, put on record the fund and make a public announcement.

Article 45

The capital raised during the fund raising period shall be deposited in a special account, and nobody may use such capital before
the end of the fund raising.

Article 46

The fund contract is concluded when an investor pays for the fund shares it subscribes to; and the fund contract takes effect after
the fund manager put on record the fund with the securities regulatory department under the State Council pursuant to Article 44
hereof.

Upon the expiration of the fund raising period, if the conditions specified in Article 44 are not satisfied, the fund manager shall
assume the following liabilities:

1)

Covering with its own property the debts and expenses incurred as a result of the fund raising;

2)

Returning the money that the investors have paid, plus the interest accruing thereon at the current deposit rate, within 30 days after
the expiration of the fund raising period.

Chapter V Trading of Fund Shares

Article 47

Fund shares of a closed fund may be traded on the securities exchange upon application of the fund manager and ratification of the
securities regulatory department under the State Council.

The securities regulatory department under the State Council may authorize the securities exchange to ratify the trading of fund shares
on the market pursuant to the statutory conditions and procedures.

Article 48

The following conditions shall be satisfied for the listing and trading of fund shares:

1)

The raising of fund complies with the provisions hereof;

2)

The valid term of the fund contract is 5 years or more;

3)

The capital raised is no less than 200 million RMB;

4)

There are no less than 1,000 fund share holders;

5)

Other conditions set forth in the listing rules of fund shares.

Article 49

The listing and trading rules of fund shares shall be formulated by the securities exchange and be submitted to the securities regulatory
department under the State Council for ratification.

Article 50

After the listing of fund shares, if any of the following circumstances occurs, the securities exchange shall terminate its listing
and report to the securities regulatory department under the State Council for archival purposes:

1)

The conditions for listing prescribed in Article 48 hereof are not long met;

2)

The fund contract expires;

3)

The fund share holders’ meeting decides to terminate the listing prior to the due date;

4)

Other circumstances under which the listing shall be terminated as stipulated in the fund contract or provided for in the listing
rules of fund shares.

Chapter VI Subscription and Redemption of Fund Shares

Article 51

The subscription, redemption and registration of an open fund shall be handled by the fund manager; and the fund manager may entrust
another agency recognized by the securities regulatory department under the State Council to handle the matters on its behalf.

Article 52

A fund manager shall handle the subscription and redemption of fund shares every workday; if there are otherwise stipulations in the
fund contract, such stipulations shall be observed.

Article 53

A fund manager shall pay for the redemption on time, except under any of the following circumst

INTERIM PROVISIONS ON THE ACCESS OF OPERATIONAL QUALIFICATIONS FOR MOVIE PRODUCTION, DISTRIBUTION AND PROJECTION

20041110

State Administration of Radio, Film and Television

Order of the State Administration of Radio, Film and Television

No. 20

The “Interim Provisions on the Access of Operational Qualifications for Movie Production, Distribution and Projection”, which were
passed at the administration’s executive meeting on September 28, 2003, are hereby issued, and shall go into effect on December 1,
2003.

Xu Guangchun, Director General

October 29, 2003

Interim Provisions on the Access of Operational Qualifications for Movie Production, Distribution and Projection

Article 1

The present Provisions are formulated in order to stimulate the non-government sectors to facilitate the development of movie industry,
cultivate market subjects, govern market access, increase the overall strength and competitiveness of the movie industry, promote
the boom of socialist movie industry, and meet the people’s demands on their spiritual and cultural lives.

Article 2

The present provisions shall be applicable to the administration of qualification access for domestic state-owned and non-state-owned
enterprises to operate movie production, distribution and projection and for wholly foreign-owned companies to take part in the operation
of movie production and projection.

Article 3

The domestic state-owned and non-state-owned (not including wholly foreign-owned) entities are stimulated to establish movie production
companies through joint venture or cooperation with the existing state-owned movie production entities, or to independently establish
production companies. The overseas investors are permitted to establish movie production companies by means of joint venture or cooperation
by having share of the existing domestic state-owned movie production entities.

(1)

The application requirements for establishing a joint venture or cooperative (not including wholly foreign-owned) movie production
company are as follows:

1).

The registered capital shall be not less than 1 million Yuan; and

2).

Such documents as the application letter, the contract, the articles of association and the photocopy of the business license of each
party to the cooperation, which was issued by the administration for industry and commerce, must be submitted.

(2)

The application requirements for establishing a Chinese-foreign joint venture or cooperative movie production company are as follows:

1).

The registered capital shall be not less than 5 million Yuan;

2).

The share of overseas investment in the registered capital shall not exceed 49%; and

3).

Such documents as the application letter, the contract, the articles of association and the photocopy of the business license of each
party to the cooperation, which was issued by the administration for industry and commerce, must be submitted. (The foreign party
may offer the financial documents of proof issued by the accounting firm).

(3)

The application requirements for a domestic state-owned or a non-state-owned (not including wholly foreign-owned) movie and television
culture entity that has not got the “Permit for Movie Production” to independently found a movie production company are as follows:

1).

For the first time it produces a film, it shall apply to obtain the “Permit for Movie Production (for one film only)”. And it must,
at the time of application, submit to the State Administration of Radio, Film and Television a photocopy of the business license
issued by the administration for industry and commerce, a proof on its capital, the main idea of the film to be produced and other
relevant documents. It shall carry out the relevant formalities in the local administration for industry and commerce after it has
obtained the “Permit for Movie Production (for one film only)”;

2).

It has, by way of the “Permit for Movie Production (for one film only)”, invested to produce two or more films;

3).

Its registered capital shall be no less than 1 million Yuan; and

4).

It must file such documents as the application letter, the photocopy of the business license issued by the administration for industry
and commerce, the “Permit for Movie Production (for one film only)” and the “Permit for Public Projection of Films” for the two films
it has invested to produce, and other relevant documents.

(4)

To any one that meets the requirements stated in Items (1), (2), and (3), the State Administration of Radio, Film and Television shall
issue the “Permit for Movie Production”.

The applicant shall carry the approval document and the “Permit for Movie Production” issued by the State Administration of Radio,
Film and Television to carry out the relevant formalities in the local administration for industry and commerce at its/his locality.

Article 4

In the light of the “Regulation on the Administration of Movies”, a movie production company that has obtained the “Permit for Movie
Production” in accordance with Article 3 of the present provisions may have the same rights and obligations as those enjoyed by
the existing state-owned movie production entities.

Article 5

The state-owned and non-state-owned (not including wholly foreign-owned) entities are encouraged to control the shares or to independently
found film technology companies, improve the basic facilities and technical equipment for movie production and projection. While
the wholly foreign-owned company are permitted to operate such business by having share, or to operate such business in the approved
provinces and cities by controlling the shares. The application requirements are as follows:

(1)

The registered capital shall be no less than 5 million Yuan;

(2)

Such documents as the application letter, the contract, the articles of association, and the photocopy of the business license of
each party to the cooperation issued by the administration for industry and commerce, must be submitted.

(3)

If the applicant meets the requirements mentioned above, it shall, after approval by the State Administration of Radio, Film and Television,
carry the approval documents issued by the State Administration of Radio, Film and Television to the relevant department of the state
to carry out the relevant approval formalities.

Article 6

Whichever entity engaged in the foreign-involved business as prescribed in Articles 3 and 5 shall carry out the relevant formalities
in the light of the relevant laws and regulations of the state.

Article 7

The state-owned and non-state-owned movie and television culture entities are encouraged to found companies that exclusively operate
the distribution of domestically produced films. The application requirements and procedures are as follows:

(1)

The registered capital shall be no less than 500,000 Yuan;

(2)

The applicant has been entrusted by a movie production entity to represent represented the distribution of two movies before or has
been entrusted by a TV play production entity to distribute two TV plays;

(3)

The applicant must offer such documents as the application letter, the photocopy of the business license issued by the administration
for industry and commerce, the proof on having been entrusted to represent the distribution of movies and TVs, and other relevant
documents; and

(4)

If the applicant meets the requirements mentioned above and applies to the State Administration of Radio, Film and Television to establish
a company exclusively running the distribution of domestically produced films, the “Operating Permit for Movie Distribution” shall
be issued to him by the State Administration of Radio, Film and Television, which allows the applicant to distribute domestically
produced films throughout the country. If the applicant applies to the local administrative department of movie at the provincial
level to found a company exclusively operating the distribution of domestically produced films, the “Operating Permit for Movie Distribution”
of the province shall be issued by the said local administrative department of movie, which allows the exclusive operation of domestically
produced films. The applicant shall carry the “Operating Permit for Movie Distribution” of domestically produced films to the local
administration for industry and commerce at its locality to carry out the relevant formalities.

Article 8

In the light of the “Regulation on the Administration of Movies”, a company that has obtained, in accordance with Article 7 of the
present provisions, the “Operating Permit for Movie Distribution” for exclusively running domestically produced films may have the
equal rights and obligations to those enjoyed by an existing movie distribution company at the provincial level.

Article 9

In the light of the “Measures for the Annual Assessment of the Distribution and Projection of Domestically Produced Films”, the State
Administration of Radio, Film and Television shall, make the annual evaluation on the companies that have got the “Operating Permit
for Movie Distribution”.

Article 10

The movie circuit companies may be permitted to integrate either in an intense type or a loose type. They are encouraged to take the
trans-provincial circuits as the basis for the reunification pursuant to the principle of separate management, but merge of the circuits
on the basis of administrative regions are forbidden. The integration of circuits shall be submitted to the State Administration
of Radio, Film and Television for approval.

(1)

The domestic state-owned and non-state-owned movie and television culture (excluding wholly foreign-owned) entities are encouraged
to, by having or controlling share, invest in the existing circuit companies or independently established circuit companies.

1).

When an entity invests in an existing circuit company by having share (in a proportion below 49%), its investment must be no less
than 30 million Yuan within three years, which shall be used to the construction and reform of the movie theaters in this circuit.
If an entity invests in an existing circuit company by controlling share, the shareholding entity must invest no less than 40 million
Yuan within three years, which shall be used to the construction and reform of the movie theaters in this circuit.

2).

In the case that an entity independently establishes an intra-provincial or national movie circuit company, the investment must be
no less than 50 million Yuan within three years, which shall be used to the construction and reform of the movie theaters in this
circuit.

3).

The relevant formalities shall be carried out for the establishment of a circuit company in the light of the provisions of the State
Administration of Radio, Film and Television on establishment of movie circuits. The establishment of an intra-provincial circuit
company shall be examined and approved by the administrative department of movie of the people’s government of the province, autonomous
region or municipality directly under the jurisdiction of the Central Government where the establisher is located, and be reported
to the State Administration of Radio, Film and Television for record. The establishment of a trans-provincial circuit company shall
be examined and approved by the State Administration of Radio, Film and Television.

(2)

In the light of the “Regulation on the Administration of Movies”, the state-owned and non-state-owned entities and individuals are
encouraged to, operate movie distribution and projection in the countryside throughout the country by various means, and also operate
movie projection in schools and communities in cities by various means.

(3)

The state-owned and non-state-owned entities and individuals are encouraged to invest to build and reform movie theaters. The running
of the movie projection business is requested to submit to the local administrative department of movie at the county level or above
for approval, and the relevant formalities shall be carried out in the local administration for industry and commerce.

Article 11

The import of films shall be exclusively operated by the film import enterprises which have got approvals from by the State Administration
of Radio, Film and Television. The distribution of imported films shall be undertaken by the distribution companies approved by the
State Administration of Radio, Film and Television, which enjoy the right to distribute imported films nationwide.

Article 12

The film-producing entities are encouraged to, through various channels, export domestically-produced films which have obtained the
“Permit for Public Projection of Films”. The movie production entities are encouraged to participate in foreign film festivals (exhibitions).
And the films in exhibition must be those that have obtained the “Permit for Public Projection of Films”, and shall be reported to
the State Administration of Radio, Film and Television for record in advance.

The report with the plan to hold a Chinese-foreign film exhibition or an international movie festival (exhibition) within the territory
of China must be submitted to the State Administration of Radio, Film and Television for approval.

Article 13

There is an every-two-year inspection system that shall be applicable to the “Permit for Movie Production” and the “Operating Permit
for Movie Distribution” awarded by the State Administration of Radio, Film and Television. The local administrative department of
movie shall, within the scope of its administrative authority, apply an annual inspection system to the “Operating Permit for Movie
Distribution” and the “Operating Permit for Movie Projection” it has issued.

Article 14

Any matter not specified in the present provisions shall be dealt with in the light of the “Regulation on the Administration of Movies”
and the relevant provisions.

Article 15

The present provisions shall go into effect on December 1, 2003.

 
State Administration of Radio, Film and Television
2003-10-29

 




THE MEASURES FOR THE ADMINISTRATION OF THE QUARANTINE OF THE ARTICLES CARRIED BY PERSONS ON ENTRY OR EXIT

State Administration of Quality Supervision, Inspection and Quarantine

Order of the State Administration of Quality Supervision, Inspection and Quarantine

No. 56

The Measures for the Administration of the Quarantine of the Articles Carried by Persons on Entry or Exit were deliberated and adopted
at the executive meeting of the State Administration of Quality Supervision, Inspection and Quarantine on September 28th, 2003. They
are hereby promulgated and shall come into force as of January 1st, 2004.

Li Changjiang, Director General

November 6th, 2003

The Measures for the Administration of the Quarantine of the Articles Carried by Persons on Entry or Exit

Chapter I General Provisions

Article 1

In order to prevent contagious or parasitic diseases of animals, diseases, insect pests and weeds dangerous to plants, and other harmful
organisms from spreading into or out of the country, to protect the human health as well as the safety of agriculture, forestry,
animal husbandry and fishery, the present Measures are formulated in accordance with the Law of the People’s Republic of China on
the Quarantine of Animals and Plants on Entry or Exit, the Detailed Rules for the Implementation of the Law of the People’s Republic
of China on the Quarantine of Animals and Plants on Entry or Exit, the Frontier Health and Quarantine Law of the People’s Republic
of China, the Detailed Rules for the Implementation of the Frontier Health and Quarantine Law of the People’s Republic of China and
relevant other laws and regulations.

Article 2

“Persons on entry or exit” as mentioned in the present Measures refers to the passengers entering or exiting China (including personnel
of diplomatic institutions who enjoy diplomatic or consular privilege and immunity), other persons and the staff of vehicles.

“Carry” as mentioned in the present Measures refers to a person takes the articles with himself or has them carried by the train,
ship, plane or other vehicles that he is taking.

Article 3

When entering or exiting China, a person who carries any of the following articles shall declare to the entry-exit inspection and
quarantine institution and accept quarantine; a person who fails to do so shall be prohibited from entering or exiting China.

(1)

Animals and plants, their products and other quarantine items on entry;

(2)

Microbes, human tissues, biological products, blood and blood products and other special articles (hereinafter referred to as the
special articles) on entry or exit;

(3)

Skeletons, bone ash, corpse and coffins with corpse on entry or exit;

(4)

The baggage and articles entering or exiting China coming from an affected region or polluted by a contagious disease or probably
spreading a contagious disease; and

(5)

Other articles that shall declare and be subject to quarantine at the entry-exit inspection and quarantine institutions.

Article 4

Any of the articles listed in Article 5 , Paragraph (1) of the Law of the People’s Republic of China on the Quarantine of Animals
and Plants on Entry and Exit, the Catalogue of the People’s Republic of China of the Plants Prohibited from Entering China under
Entry Plant Quarantine, the Catalogue of the Animals, Animal Products and Other Quarantine Articles Prohibited from Being Carried
or Posted into China, the blood products and used articles as prescribed explicitly by the State and other relevant articles prohibited
from entering China shall be prohibited from entry.

Article 5

The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ) shall be liable
for the nationwide administration of the quarantine of the articles carried by persons on entry or exit, and the entry-exit inspection
and quarantine institutions dispatched by the SAQSIQ at all places shall be liable for the quarantine of the articles carried by
the persons on entry or exit and the supervision over the quarantine work within their respective administrative area.

Article 6

Upon the quarantine of an inspection and quarantine institution, where it is found there exists quarantine risk in the carried articles,
a pre-warning and fast response procedure shall be started in accordance with relevant provisions.

Chapter II Quarantine Examination, Approval and License

Article 7

A person who carries plant seeds, seedlings or other reproductive materials shall, according to relevant provisions, go through the
formalities for quarantine examination and approval in advance. In case he is unable to do so under any special circumstance, he
shall make up the relevant formalities for animal and plant quarantine examination and approval according to relevant provisions.
Those carrying animals and plants or their products beyond the scope as provided in the preceding paragraph on entry who are required
to go through the formalities for quarantine examination and approval according to relevant provisions shall submit an application
to the SAQSIQ for going through the formalities for animal and plant quarantine examination and approval.

Article 8

On account of scientific research or other special purposes, a person who carries any of the articles prohibited from entering China
as listed in Article 5 , paragraph 1 of the Law of the People’s Republic of China on the Quarantine Animals and Plants on Entry or
Exit shall submit an application to the SAQSIQ for going through the special formalities for animal and plant quarantine examination
and approval.

Article 9

When entering or exiting China, a person who carries special articles shall handle the formalities for health and quarantine examination
and approval in advance according to relevant provisions.

Article 10

When entering or exiting China, a person who carries a corpse or skeleton shall handle the formalities for obtaining a Health and
Quarantine License according to relevant provisions.

Chapter III Declaration and On-the-Spot Quarantine

Article 11

When entering China, a person who carries any of the articles as listed in Article 3 , paragraph (1) of the present Measures shall
faithfully fill in the Quarantine Declaration Form on Entry, shall declare quarantine items to the inspection and quarantine institution
and accept the quarantine of the inspection and quarantine institution.

Article 12

When entering or exiting China, a person who carries any of the articles as listed in Article 3 , Paragraph (2) through (5) shall
faithfully declare the quarantine items to the inspection and quarantine institution and accept the quarantine of the inspection
and quarantine institution. In the event of entry, he shall faithfully fill in the Quarantine Declaration Form on Entry as well according
to relevant regulation.

Article 13

A quarantine inspection and quarantine institution may conduct on-the-spot inspection in the passages and baggage claim area for persons
on entry or exit, and conduct on-the-spot quarantine on the declared items; with regard to any possible undeclared articles as prescribed
in the present Measures, it may inquire the persons concerned and conduct sample inspection, and may open the trunks (bags) for inspection
when necessary.

Article 14

When entering China, a person who carries special articles shall, according to relevant provisions, present a Health and Quarantine
Form of Examination and Approval for Special Articles on Entry or Exit (hereinafter referred to as the Health and Quarantine Form
of Examination and Approval). A person who carries blood products or biological products for his own use shall only present the certification
issued by a relevant hospital. The quantity of the aforesaid items shall be limited to a period of treatment as determined in the
prescription or specification.

The inspection and quarantine institutions shall conduct on-the-spot inspection and quarantine on the special articles on entry or
exit according to the requirements as provided in the Health and Quarantine Form for Examination and Approval and relevant provisions.

With regard to a person who fails to present a Health and Quarantine Form for Examination and Approval, the inspection and quarantine
inspection institution shall temporarily withhold the special articles on entry or exit and shall issue an Evidence of Quarantine
/ Treatment of Articles Carried by Persons on Entry or Exit (hereinafter referred to as Evidence for Quarantine/ Treatment. The special
articles withheld shall be sealed up and preserved at a place designated by the inspection and quarantine institution for not any
more than 30 days, and the relevant preservation fees within the period shall be paid by the person on entry or exit.

Article 15

When entering or exiting China, a person who carries a corpse or skeleton shall, according to relevant provisions, provide the death
certificate of the dead and other relevant documents.

The inspection and quarantine institute shall conduct on-the-spot quarantine over the skeleton or corpse on entry or exit according
to relevant provisions.

Article 16

The inspection and quarantine institutions shall, according to relevant provisions, conduct on-the-spot quarantine over any baggage
and articles on entry or exit that are from an affected region, are polluted by a contagious disease or possibly spread a contagious
disease.

Article 17

A person carrying plant seeds, seedlings or other reproductive materials that are allowed to enter China shall present a Quarantine
Form for Introducing Seeds and Seedlings for Examination and Approval or Quarantine Form of Examination and Approval for Introducing
Seeds, Seedlings and Other Reproductive Materials (hereinafter referred to as the Quarantine Form of Examination and Approval for
Seeds and Seedlings).

When entering China, a person, who carries any animal, plant, and products of such animal or plant that are subject to quarantine
examination and approval or those that are be subject to special quarantine examination and approval, shall present the Animals &
Plants Entry Quarantine License of the People’s Republic of China (hereinafter referred to as the Quarantine License) issued by the
SAQSIQ and other relevant documents.

The inspection and quarantine institutions conduct on-the-spot quarantines to the animals, plants, and the products of such animals
or plants as well as other things subject to quarantine as provided for in Paragraphs 1 & 2 of the present Article as required by
the Approval Form for Seeds and Seedlings or the Quarantine License or any other relevant provisions.

With regard to a person who fails to present the Quarantine Form of Examination and Approval for Seeds and Seedlings, the Quarantine
License or other relevant documents, the inspection and quarantine institution shall temporarily withhold the animals, plants, animal
or plant products and other quarantine products carried by him on entry and shall issue an Evidence of Quarantine / Treatment to
him. The aforesaid articles withheld temporarily shall be sealed up at a place designated by the inspection and quarantine institution
for not exceeding 7 days, and the relevant preservation fees within the period shall be paid by the person on entry or exit.

Article 18

When entering China, a person who carries any animal permitted to enter China shall present a valid quarantine certificate issued
by an official animal quarantine institution of the exporting country or region; with regard to a person carrying dogs or cats on
entry, the cats or dogs shall not exceed the quota, and the person shall present a valid inoculation certificate.

The inspection and quarantine institution shall conduct on-the-spot quarantine over the animals that are allowed to enter China according
to relevant provisions.

Where a person fails to present a valid quarantine certificate or an inoculation certificate, the inspection and quarantine institution
shall temporarily withhold the animals on entry and shall issue an Evidence of Quarantine / Treatment. The aforesaid animals shall
be segregated at a segregation place designated by the inspection and quarantine institution for not any more than 7 days, and the
relevant expenses shall be dealt with according to relevant provisions.

Article 19

When exiting China, a person who carries animals or plants or products of such animals or plants and other quarantine articles shall
present relevant certifications as required by relevant provisions.

Where there are quarantine requirements for the animals, plants, or products of such animals or plants, and other quarantine objects
in an exporting country (region), the persons entering or exiting this country or region shall file an application, and the inspection
and quarantine institution shall conduct quarantine and issue relevant documents according to relevant requirements.

Chapter IV Quarantine Clearance and Treatment

Article 20

With regard to the articles carried by a person on entry or exit that pass the on-the-spot quarantine of the inspection and quarantine
institution, quarantine clearance shall be done on the spot.

Article 21

With regard to the articles withheld temporarily on account of failure of presenting relevant valid documents, the person entering
or exiting China shall supplement relevant valid documents within the time limit for withholding the articles; for those who pass
the quarantine of the inspection and quarantine institution, quarantine clearance shall be done, and the person entering or exiting
China shall take away the articles within the time limit for the temporary withholding of the articles on the strength of the Evidence
of Quarantine / Treatment.

Article 22

After the quarantine of an inspection and quarantine institution, where it is necessary to make laboratory quarantine, segregated
quarantine or sanitary harm-elimination treatment to the articles carried by a person on entry or exit, the inspection and quarantine
institution shall withhold the aforesaid articles and issue an Evidence of Quarantine / Treatment.

The expenses of and time limit for the withholding, segregation and quarantine shall be carried out in accordance with relevant provisions.

Where the articles pass the laboratory quarantine, segregation quarantine or sanitary harm-elimination treatment of the inspection
and quarantine institution, a quarantine clearance shall be done. The person on entry or exit shall take away the articles within
the time limit for withholding on the strength of Evidence of Quarantine / Treatment.

Article 23

Under any of the following circumstances, the articles carried by a person on entry or exit shall be subject to sanitary harm-elimination
treatment in accordance with relevant provisions:

(1)

Finding any of the specified diseases or pests in the animals, plants, or products of such animals or plants or other quarantine articles
on entry;

(2)

The corpse or skeleton on entering or exiting China doesn’t meet the sanitary requirements;

(3)

The baggage and articles on entry or exit come from an affected region of an epidemic disease, or are polluted by a epidemic disease,
or possibly spread an epidemic disease; or

(4)

Other circumstances in which sanitary harm-elimination treatment shall be made.

Article 24

Under any of the following circumstances, the articles carried by a person on entry or exit shall, according to relevant provisions,
be returned or destroyed within a time limit:

(1)

The articles carried are inconsistent with the description of the documents submitted by the person concerned;

(2)

The articles are withheld temporarily because of the person’s failures of presenting valid documents and supplementing valid documents
within the time limit for withholding;

(3)

The articles fail to pass the quarantine (including on-the-spot quarantine) and there is no effective method for making sanitary harm-elimination
treatment;

(4)

The animals on entry exceeds the quota;

(5)

Falling within the scope of articles prohibited from entering China as provided for in the law and regulation; or

(6)

Other circumstances in which the articles shall be returned or destroyed within a time limit.

Article 25

With regard to any of the articles withheld (including those withheld temporarily) that passes the quarantine and shall be taken away
within a time limit, if not taken away within the time limit or waived voluntarily by the person entering or exiting China in written
statement, the articles shall be regarded as unclaimed and be handled by the inspection or quarantine institution in accordance with
the law.

Chapter V Legal Liabilities

Article 26

Whoever refuses to fill in a Quarantine Declaration Form on Entry shall be given a warning or imposed on a fine of 1, 000 Yuan or
less by the inspection and quarantine institution.

Article 27

A person who conducts any of the following violations shall be imposed on a fine of 5, 000 Yuan or less by the inspection and quarantine
institution:

(1)

When entering China, a person carries any of the animals or plants or products of such animals or plants or other quarantine articles
as provided for in the present Measures, but fails to declare the items to the inspection and quarantine institution, fails to go
through the quarantine formalities, or fails to act as is required by the quarantine examination and approval;

(2)

The declared animals or plants or products of such animals or plants or other quarantine articles are not the same as they really
are;

With regard to whoever acts as is required by Item (2) of the preceding paragraph, the quarantine documents he has obtained, if any,
shall be canceled.

Article 28

Whoever conducts any of the following violations shall be given a warning or imposed on a fine of 100 Yuan up to 5, 000 Yuan:

(1)

Forging or altering any sanitary quarantine documents;

(2)

Concealing the carrying of any special articles prohibited from entering China;

(3)

Concealing the carrying of any articles that possibly spread an epidemic disease; or

(4)

Loading or unloading the baggage and articles without the permission of the inspection and quarantine institution.

Article 29

Without permission of the inspection and quarantine institution, whoever moves or carries away the corpse or skeleton entering or
exiting China shall be imposed on a fine of not less than 1, 000 Yuan but not more than 10, 000 Yuan by the inspection and quarantine
institution.

Article 30

With regard to a person who carries used articles and fails to file a declaration of the items to the inspection and quarantine institution,
but enters or exits China without submitting the articles for sanitary treatment by the inspection and quarantine institution and
without being issued relevant documents, he shall be imposed on a fine of not less than 3, 000 Yuan but not more than 30, 000 Yuan.

Article 31

Whoever, without the permission of the inspection and quarantine institution, transfers or disposes of any of the articles that are
withheld or segregated in the place as designated by the inspection and quarantine institution shall be imposed a fine of not less
than 3, 000 Yuan but not more than 30, 000 Yuan.

Article 32

With regard to a person who conducts any of the following violations, if the violation doesn’t constitute a crime or the criminal
circumstance is obviously minor, thus he is subject to no criminal punishment in jure, the inspection and quarantine institution
shall impose on him a fine of not less than 20, 000 Yuan but not more than 50, 000 Yuan:

(1)

Causing serious animal or plant epidemic situation; or

(2)

Forging or altering animal or plant quarantine documents.

Article 33

Any one on entry or exit who refuses or hinders the inspection and quarantine institution and their functionaries from performing
their functions shall be dealt with by relevant departments in accordance with the law.

Article 34

When enforcing the administrative punishments provided for in the present Measures, the inspection and quarantine institutions shall
abide by the provisions on the procedures of administrative punishments as prescribed in relevant law or regulation; whoever violates
any of the relevant provisions shall be subject to relevant liabilities in accordance with the law.

Article 35

The functionaries shall enforce the law impartially, be devoted to their duties, shall not abuse their authorities, neglect their
duties, or malpractice to seek private benefits. Whoever violates the law or his duties shall be subject to relevant liabilities
in accordance with the law.

Chapter VI Supplementary Provisions

Article 36

The responsibility to interpret the present Measures shall remain with the SAQSIQ.

Article 37

The present Measures shall come into force as of January 1st, 2004.



 
State Administration of Quality Supervision, Inspection and Quarantine
2003-11-06

 







REGULATION ON THE URGENT HANDLING OF THE ENTRY-EXIT INSPECTION AND QUARANTINE OF FRONTIER AND PORT PUBLIC HEALTH EMERGENCIES

State General Administration of Quality Supervision, Inspection and Quarantine

Order of the State Administration of Quality Supervision, Inspection and Quarantine

No. 57

The Regulation on the Urgent Handling of the Entry-Exit Inspection and Quarantine of Frontier and Port Public Health Emergencies was
deliberated and adopted at the executive meeting of the State Administrative of Quality Supervision on September 28th, 2003. It is
hereby promulgated and shall come into force as of the date of promulgation.

State General Administration of Quality Supervision, Inspection and Quarantine

November 7th, 2003

Regulation on the Urgent Handling of the Entry-Exit Inspection and Quarantine of Frontier and Port Public Health Emergencies

Chapter I General Provisions

Article 1

In order to effectively prevent, lessen, control and eliminate the harm of public health emergencies in good time, to safeguard the
physical health of the persons on entry or exit and the general public of the frontiers and ports, and to maintain the normal social
order at the frontiers and ports, the present Regulation is formulated pursuant to the Frontier Health Quarantine Law of the People’s
Republic of China, its implementation rules and the Regulation on the Urgent Handling of Public Health Emergencies.

Article 2

“Public health emergencies” as mentioned in the present Regulation (hereinafter referred to as “emergencies”) refers to the outbreak
of a serious contagious disease, colonial disease of unknown causes, serious food poisoning that has caused or may cause severe effect
on the health of the persons on entry or exit and the general public at the ports and frontiers, and to other incidents that severely
affect the health of the general public, including:

(1)

Rat plague, cholera, yellow fever, inhalational anthrax, severe acute respiratory syndrome;

(2)

The outbreak or prevailing of a contagious disease in Categories B and C in rather large scale, or the situation that several persons
die of such a disease;

(3)

The occurrence of the epidemic situation of a rare disease or a disease that the state has ever declared eliminated;

(4)

Loss of a contagious disease bacteria or virus spawns;

(5)

The occurrence of a colonial disease with similar clinical features of unknown cause which is spreading or may spread;

(6)

10 persons or more are poisoned or die of poison;

(7)

Emergencies taking place at home or abroad that may endanger the frontiers and ports.

Article 3

The present Regulation shall apply to the urgent handling of the emergencies in relation to the frontiers, ports, persons on entry
or exit, means of transport, goods, containers, luggage and post parcels, etc.

Article 4

In the urgent handling of the entry-exit inspection and quarantine of a frontier and port emergency, one shall comply with the policy
of focusing on the prophylaxis and being always on the alert, and carry out the principles of unified leadership, level-to-level
responsibilities, timely responses, definite measures, depending on science and strengthening cooperation.

Article 5

Inspection and quarantine institutions at all levels shall commend and award the persons who make outstanding contributions in the
urgent handling of entry-exit inspection and quarantine of frontier and port emergencies.

Chapter II Organization and Control

Article 6

The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ), the entry-exit
inspection and quarantine bureaus of all places directly under it and their branches shall form a command body for urgent handling
of the entry-exit inspection and quarantine of frontier and port emergencies.

Article 7

The SAQSIQ shall coordinate and control the overall command body for urgent handling of the entry-exit inspection and quarantine of
frontier and port emergencies and shall perform the following functions:

(1)

Studying and formulating the plan on the urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies;

(2)

Commanding and coordinating the inspection and quarantine institutions to earnestly perform in the urgent handling of the entry-exit
inspection and quarantine of frontier and port emergencies, as well as organizing and bringing the technical force and relevant resources
into play;

(3)

Checking and guiding the performances of the inspection and quarantine institutions in the urgent handling of the emergencies, and
supervising the implementation of all urgent handling measures;

(4)

Coordinating the relationship between it and the relevant administrative departments of the state, and establishing necessary urgent
coordination and contact mechanism;

(5)

Making collection, arrangement, analysis and reporting to the higher level the relevant information and the variations of the situation,
and offering advice and proposals for the state to make resolutions; transmitting all relevant orders of the organs of higher levels
to the inspection and quarantine institutions of all levels, and making arrangements for the implementation of such orders;

(6)

Encouraging, supporting, and coordinating to carry out international communication and cooperation of relevant technologies concerning
the monitoring, pre-warning, response and handling of entry-exit inspection and quarantine of frontier and port emergencies.

The SAQSIQ shall establish an expert consultation team for the urgent handling of entry-exit inspection and quarantine of frontier
and port emergencies, which shall offer professional consultation services, technical guides on the urgent handling, and offer proposals
and advice for making urgent resolutions.

Article 8

An inspection and quarantine bureau directly under the SAQSIQ shall be liable for the urgent handling of the entry-exit inspection
and quarantine of frontier and port emergencies within its administrative area and shall carry out the following functions:

(1)

Organizing and implementing the emergency plan on the handling of the entry-exit inspection and quarantine of frontier and port emergencies
within its administrative area;

(2)

Mobilizing the force and resources of the inspection and quarantine institutions within its administrative area, and implementing
urgent measures;

(3)

Reporting the urgent handling information to the SAQSIQ in good time and putting forward work proposals;

(4)

Coordinating the relationship with the local people’s government and its administrative department of health, the administrative department
of the port, the customs, the departments of frontier inspection and other relevant departments, etc.

An inspection and quarantine bureau directly under the SAQSIQ shall establish a professional technical institution for the urgent
handling of entry-exit inspection and quarantine of frontier and port emergencies, which shall undertake relevant work.

Article 9

A branch shall perform the following functions:

(1)

Organizing and establishing an on-the-spot command department for the urgent handling of entry-exit inspection and quarantine of emergencies,
and organizing and implementing urgent measures on the spot in good time according to the specific situation;

(2)

Implementing urgent measures on the spot in conjunction with the professional technical institution of the entry-exit inspection and
quarantine of emergencies of the inspection and quarantine bureau directly under the SAQSIQ;

(3)

Strengthening the communication and cooperation between it and the local people’s government and other relevant departments.

Chapter III Preparations for Emergencies

Article 10

The SAQSIQ shall formulate the national plan for the handling of entry-exit inspection and quarantine of frontier and port emergencies
in accordance with the requirements of the Regulation on the Urgent Handling of Public Health Emergencies.

In light of the national plan for the handling of entry-exit inspection and quarantine of frontier and port emergencies, the inspection
and quarantine institutions of all levels shall develop their own plans for the handling of entry-exit inspection and quarantine
of frontier and port emergencies by taking the actual situation of the local ports into consideration, and each shall report to the
institution of the higher level and the local government for archival purposes.

Article 11

The inspection and quarantine institutions of all levels shall implement regular trainings of relevant urgent treatment skills of
entry-exit inspection and quarantine of frontier and port emergencies, and shall organize drills of urgent handling of entry-exit
inspection and quarantine of frontier and port emergencies and popularize advanced technologies.

Article 12

The inspection and quarantine institutions of all levels shall, in accordance with the requirements of the plan on the urgent handling
of entry-exit inspection and quarantine of frontier and port emergencies, guarantee the preparation and reservation of personnel,
facilities, equipment, prophylaxis medicines, appliances and other resources for emergencies, so as to enhance the capacity of handling
emergencies.

Article 13

The inspection and quarantine institutions shall carry out the publicity education of handling emergencies, and shall strengthen the
prophylaxis awareness of emergencies and promote the treatment ability.

Chapter IV Report and Notice

Article 14

The SAQSIQ shall formulate rules on the urgent handling of entry-exit inspection and quarantine of port and frontier emergencies,
shall establish a system for the report of the information in relation to the serious and emergent situation of any contagious disease.

When either circumstance as listed in Article 2 of the present Regulation occurs, the inspection and quarantine bureau directly under
the SAQSIQ shall report to the SAQSIQ within 1 hour after receiving such report, and shall report to the local government simultaneously.

With regard to any emergency that may result in serious social consequences, the SAQSIQ shall report to the State Council in good
time.

Article 15

An inspection and quarantine branch shall, when it learns of the occurrence of either circumstance as listed in Article 2 of the
present Regulation, report to the inspection and quarantine bureau directly under the SAQSIQ and simultaneously report to the local
government.

Article 16

The SAQSIQ and the inspection and quarantine institutions shall designate special persons to take charge of the communication of information
and circulate a notice about the name list of the relevant personnel within their respective administrative area.

Article 17

Any relevant frontier and port entity and individual shall, where it / he finds either circumstance as listed in Article 2 of the
present Regulation, in time and faithfully report to the local port inspection and quarantine institution. No one may conceal or
delay the report or make false reports or hint any other to conceal or delay the report or make false reports.

Article 18

An inspection and quarantine institution that receives a report shall, according to the present Regulation, assign persons to investigate
into, verify and corroborate the reported items, take necessary measures and report relevant information of investigation in time.

Article 19

The SAQSIQ shall inform the relevant departments of the State Council and the inspection and quarantine bureaus directly under the
SAQSIQ of the developing status of an emergency by circulating notices.

After having received a notice, each inspection and quarantine institution directly under the SAQSIQ shall notify the relevant branches
within their respective administrative area.

Article 20

The SAQSIQ shall establish a fast response information network system for the pre-warning of risks of entry-exit inspection and quarantine
of emergencies.

The inspection and quarantine institutions of all levels shall be liable for reporting the emergencies found by them to the higher
levels in good time through the network system, and the SAQSIQ shall in time circulate notices through the network system.

Chapter V Urgent Handling

Article 21

When an emergency occurs, the following on-the-spot urgent control measures shall be taken by the inspection and quarantine institution
of the venue upon approval of the institution of a higher level:

(1)

Conducting temporary control on the spot, and controlling the entry and exit of persons; under the serious epidemic situation suspected
of a human and animal disease, prohibiting patients and suspected patients from contacting the fragile animals;

(2)

Conducting medical observation or temporary isolated check-up on the relevant persons on the spot;

(3)

Taking control measures on the means of transport, cargos, containers, luggage and post parcels on entry or exit, to bar any transference;

(4)

Sealing up and preserving the equipment, materials and articles that may cause an emergency or the spread of an emergency,

(5)

Taking urgent health measures.

Article 22

An inspection and quarantine institutions shall organize experts to make epidemiological investigations into the emergency, conduct
on-the-spot monitoring and examination, determine the seriousness of the harm, make preliminary judgment on the type of the emergency
and put forward proposals on the initiation of the plan on the urgent handling of entry-exit inspection and quarantine of frontier
and port emergencies.

Article 23

The implementation of the plan on the urgent handling of entry-exit inspection and quarantine of frontier and port emergencies of
the SAQSIQ shall be subject to the approval of the State Council. The initiation of the plan on the urgent handling of entry-exit
inspection and quarantine of frontier and port emergencies of any of the inspection and quarantine institutions of any level shall
be subject to the approval of the higher level and be reported to the local government at the same time.

Article 24

The professional technical institution for the urgent handling of entry-exit inspection and quarantine of the frontier and port emergencies
established by an inspection and quarantine bureau directly under the SAQSIQ shall conduct technical investigations into, corroborate,
dispose of, control and appraise the emergencies.

Article 25

According to the need of urgent handing of an emergency, the command body for urgent handling of the entry-exit inspection and quarantine
of frontier and port emergencies shall be empowered to assemble the personnel of entry-exit inspection and quarantine, reserved materials,
means of transport and pertinent facilities and equipment. If it is necessary, the SAQSIQ may, according to Article 6 of the Frontier
Health Quarantine Law of the People’s Republic of China, submit an opinion to the State Council for approval of ordering to close
the pertinent frontiers or to take other urgent measures.

Article 26

The personnel who participate in the urgent handling of the inspection and quarantine of the frontier and port emergencies shall,
according to the requirements in the plan, take health quarantine prophylaxis measures and carry out their work under the guidance
of professionals.

Article 27

In case of finding any patient or suspected patient of a contagious disease on a means of transport, the responsible person shall
report to the local port inspection and quarantine institution as soon as possible. The inspection and quarantine institution shall
organize relevant personnel to take corresponding health quarantine measures as soon as it receives such report.

As for those who have close contacts with the patients of a contagious disease on the means of transport, they shall be subject to
a medical check-up or observation, or against whom control measures shall be taken pursuant to the health quarantine law and the
administrative law and regulation.

Article 28

The inspection and quarantine institution shall conduct necessary examination and check-up on the persons under temporary medical
check-up or isolation and note down in detail pursuant to relevant provisions. As for any patient necessary to be transferred, it
shall in time transfer the patient to the relevant department or institution for treatment.

Article 29

In the case of an emergency, the patients, suspected patients and the persons who have close contacts with the contagious patients
under medical check-up, on-site diagnosis and check-up, isolation treatment or health quarantine observation shall cooperate with
the inspection and quarantine institutions when they take heath quarantine measures.

Chapter VI Legal Liabilities

Article 30

In handling the entry-exit inspection and quarantine of frontier and port emergencies, the relevant port entities or individuals under
any of the following circumstances shall, according to the relevant law and regulation, be given a warning or be imposed on a fine.
If any crime is constituted, the offenders shall be subject to criminal liabilities in accordance with the law.

(1)

Concealing or delaying the report or making false reports of emergencies to the inspection and quarantine institutions;

(2)

Refusing the inspection and quarantine institution to enter into the site of an emergency to take urgent measures;

(3)

Impeding the handling personnel of an inspection and quarantine institution to perform their duties in the form of violence or by
other means.

Article 31

As for any inspection and quarantine institution that fails to exercise its duty of report in accordance with the present Regulation,
or conceals or delays the report or makes false reports of relevant information of an emergency or hints any other person to conceal,
delay or make false reports, the primary responsible persons and other direct responsible persons shall be given an administrative
punishment. If any crime is constituted, the offenders shall be subject to criminal liabilities in accordance with the law.

Article 32

When an emergency occurs, if an inspection and quarantine institution refuses to accept the uniform command of the inspection and
quarantine institutions of higher levels, misses the good time to take urgent measures or in violation of the requirements in the
plan, refuses the command of the inspection and quarantine institutions of higher levels on the uniform assembling of personnel and
materials, the entity shall be criticized by circulating a notice. If any serious consequence is caused, the primary responsible
persons and other direct responsible persons shall be given an administrative punishment. If any crime is constituted, the offenders
shall be subject to criminal liabilities in accordance with the law.

Article 33

When an emergency occurs, if any of the inspection and quarantine institutions fails to cooperate in the investigation by the higher
inspection and quarantine institution or impedes or interferes with the investigation by any other means, it shall be ordered by
the higher inspection and quarantine institution to get right, and the primary responsible persons and other responsible persons
shall be subject to administrative sanctions. If any crime is constituted, the offenders shall be subject to criminal liabilities
in accordance with the law.

Article 34

With regard to the functionaries who abuse their authorities, neglect their duties, or mal-practice for seeking private benefits in
the urgent handling of an emergency, the primary responsible persons and other direct responsible persons shall be given an administrative
punishment; if any crime is constituted, the offenders shall be subject to the criminal responsibilities in accordance with the law.

Chapter VII Supplementary Provisions

Article 35

The responsibility to interpret the present Regulation shall remain with the SAQSIQ.

Article 36

The present Regulation shall come into force as of the promulgation.



 
State General Administration of Quality Supervision, Inspection and Quarantine
2003-11-07

 







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...