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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

 







REGULATION OF AND SUPERVISION OVER THE BANKING INDUSTRY LAW

Law of the People’s Republic of China on Regulation of and Supervision over the Banking Industry

(Adopted at the 6th Meeting of the Standing Committee of the Tenth National People’s Congress on December 27, 2003
and promulgated by Order No.11 of the President of the People’s Republic of China on December 27, 2003) 

Contents 

Chapter I    General Provisions 

Chapter II   The Regulatory Authority 

Chapter III  Regulatory and Supervisory Responsibilities  

Chapter IV   Supervisory Measures 

Chapter V    Legal Responsibility 

Chapter VI   Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  This law is enacted with a view to improving regulation of and supervision over the banking industry, standardizing
such regulation and supervision, preventing and mitigating risks in the banking industry, protecting the lawful rights and interests
of depositors and other customers, and promoting the sound development of the banking industry. 

Article 2  The banking regulatory authority under the State Council shall be responsible for the regulation of and supervision
over the financial institutions of the banking industry and their business operations throughout the country. 

For purposes of this law, the “financial institutions of the banking industry” refer to the financial institutions established in
the People’s Republic of China that receive deposits from the general public, including, among others, commercial banks, urban credit
cooperatives and rural credit cooperatives, and policy banks. 

The provisions of this Law pertaining to the regulation of and supervision over the financial institutions of the banking industry
are applicable to the regulation and supervision of the financial asset management companies, trust and investment corporations,
finance companies and financial leasing companies established in the territory of the People’s Republic of China and other financial
institutions established with the approval of the banking regulatory authority under the State Council. 

The banking regulatory authority under the State Council shall, in accordance with the relevant provisions of this Law, regulate
and supervise the financial institutions that, upon its approval, are established outside the People’s Republic of China, as well
as the business operations conducted abroad by the financial institutions mentioned in the preceding two paragraphs. 

Article 3  The objectives of regulation of and supervision over the banking industry are to promote the lawful, sound and steady
operation of the banking industry and preserve public trust in the industry. 

The banking industry shall be regulated and supervised in such a way as to protect fair competition in the industry and increase
the competitiveness of the industry. 

Article 4  When exercising regulation and supervision, the banking regulatory authority shall follow the principles of law-abiding
openness, impartiality and efficiency.  

Article 5  Performance of the duties of supervision in accordance with law by banking regulatory authority and its staff members
engaged in supervision shall be protected by law. Local governments, government departments at various levels, public organizations
and individuals shall not interfere. 

Article 6  The banking regulatory authority under the State Council shall establish a mechanism with the People’s Bank of China
and other financial regulatory authorities under the State Council for sharing supervisory information.  

Article 7  The banking regulatory authority under the State Council may establish a cooperative mechanism of supervision with
the banking regulatory authorities in other countries or regions for cross-border supervision. 

Chapter II 

The Regulatory Authority 

Article 8  In light of the need to perform its duties, the banking regulatory authority under the State Council may set up local
offices. It shall exercise unified leadership and administration of such offices. 

The local offices of the banking regulatory authority under the State Council shall perform their supervisory duties within the scope
authorized by the said authority. 

Article 9  The staff members of the banking regulatory authority who are engaged in supervision shall have the professional
knowledge and work experience commensurate with the positions they are holding. 

Article 10  Staff members of the banking regulatory authority shall be devoted to their duties, act in accordance with law and
be impartial and honest; they shall not take advantage of their positions to seek illegitimate benefits, or concurrently hold positions
in enterprises such as financial institutions. 

Article 11  Staff members of the banking regulatory authority shall, in accordance with law, guard State secrets, and it is
incumbent upon them to guard the secrets of the financial institutions of the banking industry and of the parties subject to their
supervision. 

For exchanging supervisory information with the banking regulatory authorities of other countries and regions, the banking regulatory
authority under the State Council shall make arrangements for preserving the confidentiality of information. 

Article 12  The banking regulatory authority under the State Council shall make public its supervisory procedures, and establish
a supervisory responsibility system and an internal supervisory system. 

Article 13  Local governments and the relevant government departments at various levels shall cooperate with and provide assistance
to the banking regulatory authority when the latter deals with risks confronted by financial institutions of the banking industry,
investigates and handles violations of law in finance, and exercises supervision in other manners. 

Article 14  The auditing, supervisory and other departments under the State Council shall, in accordance with the provisions
of relevant laws, oversee the activities of the banking regulatory authority under the State Council. 

Chapter III 

Regulatory and Supervisory Responsibilities 

Article 15  The banking regulatory authority under the State Council shall, in accordance with laws and administrative regulations,
formulate and promulgate supervisory rules and regulations governing the financial institutions of the banking industry and their
business activities. 

Article 16  The banking regulatory authority under the State Council shall, in accordance with the requirements and procedures
provided for in laws and administrative regulations, examine, before giving approval, the establishment, change, termination and
business scope of financial institutions of the banking industry.  

Article 17  Where an application is submitted for the establishment of a financial institution of the banking industry and where
such an institution intends to replace a shareholder that holds more than the specified percentage of the total amount of capital
or shares, the banking regulatory authority under the State Council shall examine the source of capital, financial strength, ability
to replenish capital and integrity of the shareholders.  

Article 18  The types of services offered by a financial institution of the banking industry within its business scope shall,
in accordance with relevant regulations, be subject to examination and approval by the banking regulatory authority under the State
Council or be submitted to the authority for the record. With regard to the types of services that are subject to examination and
approval or to being put on record, the banking regulatory authority under the State Council shall, in accordance with relevant laws
and administrative regulations, formulate regulations and make them known to the public.  

Article 19  Without approval by the banking regulatory authority under the State Council, no institution or individual may establish
a financial institution of the banking industry or engage in business activities of such an institution. 

Article 20  The banking regulatory authority under the State Council shall exercise control of the qualifications for the positions
of the directors and senior managers of the financial institutions of the banking industry. Specific measures in this regard shall
be formulated by the banking regulatory authority under the State Council. 

Article 21  The rules of prudent operation of the financial institutions of the banking industry shall be stipulated in laws
or administrative regulations, and they may also be formulated by the banking regulatory authority under the State Council in accordance
with relevant laws and administrative regulations. 

The rules of prudent operation mentioned in the preceding paragraph shall cover, among other things, risk management, internal control,
capital adequacy, asset quality, loan loss provisioning, risk concentration, connected transactions, and liquidity management of
assets. 

The financial institutions of the banking industry shall strictly observe the rules of prudent operation. 

Article 22   The banking regulatory authority under the State Council shall, within a prescribed period of time, make a
decision of approval or disapproval in writing in response to the following applications; if it makes a decision of disapproval,
it shall explain the reasons why: 

(1) for the establishment of a financial institution of the banking industry, it is six months from the date it receives the application
documents; 

(2) for the change or termination of a financial institution of the banking industry, for the business scope or for offering more
types of services within the business scope, it is three months from the date it receives the application documents; and 

(3) for examination of the qualifications of a director or senior manager, it is 30 days from the date it receives the application
documents. 

Article 23  The banking regulatory authority shall conduct off-site supervision of the business operations and risk profile
of the financial institutions of the banking industry, for which it shall establish an information system to analyse and assess the
risk profile of such institutions. 

Article 24  The banking regulatory authority shall conduct on-site inspection of the business operations and risk profile of
the financial institutions of the banking industry.  

The banking regulatory authority under the State Council shall formulate procedures for on-site inspection to standardize such inspection. 

Article 25  The banking regulatory authority under the State Council shall supervise the financial institutions of the banking
industry on a consolidated basis. 

Article 26 With respect to the proposal made by the People’s Bank of China for inspection of a financial institution of the banking
industry, the banking regulatory authority under the State Council shall respond within 30 days from the date it receives the proposal. 

Article 27  The banking regulatory authority under the State Council shall establish a rating system and an early-warning mechanism
for supervision over the financial institutions of the banking industry, in order to determine, on the basis of the rating and risk
profile of such institutions, the frequency and scope of on-site inspection of the institutions, as well as other supervisory measures
that need to be taken. 

Article 28  The banking regulatory authority under the State Council shall establish a system of post responsibility for identifying
and reporting emergencies in the banking industry. 

When it identifies any emergency that may lead to systemic risks in the banking industry and thus seriously jeopardize social stability,
the banking regulatory authority shall immediately report the matter to the leading member of the banking regulatory authority under
the State Council; the leading member shall, when deeming it necessary, immediately report to the State Council while informing the
People’s Bank of China, the finance department and other relevant departments under the State Council of the matter. 

Article 29  The banking regulatory authority under the State Council shall, in conjunction with the People’s Bank of China,
the finance department and other relevant departments under the State Council, establish a system for coping with emergencies in
the banking industry, including formulating contingency plans, designating institutions and staff members, specifying their responsibilities
and the measures and procedures, in order to ensure that emergencies in the banking industry are handled in a timely and effective
manner. 

Article 30  The banking regulatory authority under the State Council shall be responsible for compiling, in a unified manner,
statistics and reports of the financial institutions of the banking industry throughout the country and, in accordance with the relevant
regulations of the State, publish the statistics and reports. 

Article 31  The banking regulatory authority under the State Council shall guide and oversee the activities of the self-regulated
organizations of the banking industry. 

The self-regulated organizations of the banking industry shall submit their articles of association to the banking regulatory authority
under the State Council for the record. 

Article 32  The banking regulatory authority under the State Council may engage in international exchange and cooperation related
to regulation of and supervision over the banking industry. 

Chapter IV 

Supervisory Measures 

Article 33  The banking regulatory authority shall, in light of the need for performing its duties, have the power to require
the financial institutions of the banking industry to submit, in accordance with relevant regulations, their balance sheets, profit
statements, other financial accounting statements, statistical reports and information concerning business operations and management,
as well as the audit reports prepared by certified public accountants. 

Article 34  The banking regulatory authority may take the following measures to conduct on-site inspection, as required by prudent
supervision: 

(1)to enter a financial institution of the banking industry for on-site inspection; 

(2) to interview staff members of a financial institution and require them to provide explanations on the matters under inspection; 

(3) to check and make copies of the financial institution’s documents and materials related to the matters under inspection, and
to seal up the documents and materials that are likely to be removed, concealed or destroyed; and 

(4) to examine the computer system with which the financial institution controls its business data. 

On-site inspection shall be subject to approval by the leading member of the banking regulatory authority. For on-site inspection,
there shall be no less than two inspectors, who shall produce their legal certificates and the written notification of inspection.
Where there are less than two inspectors, or no legal certificates and written notification of inspection are produced, the financial
institution shall have the right to refuse to accept inspection. 

Article 35  The banking regulatory authority may, in light of the need for performing its duties, hold supervisory consultations
with the directors and senior managers of a financial institution of the banking industry, asking them to explain the important matters
concerning business operations and risk management. 

Article 36  The banking regulatory authority shall instruct financial institutions of the banking industry to disclose, truthfully
and in accordance with relevant regulations, to the public information, including, among other things, their financial and accounting
reports, statements of risk management, changes in the directors and senior managers and other important matters. 

Article 37  Where a financial institution of the banking industry violates the rules of prudent operation, the banking regulatory
authority under the State Council or its office at the provincial level shall instruct it to rectify within a time limit; if it fails
to comply at the expiration of the time limit, or the violation seriously threatens the sound and steady operation of the institution,
jeopardizes the lawful rights and interests of the depositors and other customers, the banking regulatory authority under the State
Council or its office at the provincial level may, with the approval of the leading member, take the following measures, depending
on the seriousness of the circumstances: 

(1) instructing it to suspend part of its business or ceasing to give approval to its starting of new businesses; 

(2) restricting the distribution of dividends and other returns; 

(3) restricting asset transfers; 

(4) instructing the holding shareholders to transfer their rights or restricting the rights of the shareholders concerned; 

(5) instructing the institution to replace the directors or senior managers or restricting their rights; and 

(6) ceasing to give approval to its establishment of new branches. 

After rectification, the financial institution shall submit a report to the banking regulatory authority under the State Council
or its office at the provincial level. After the said authority or office inspects the institution and accepts it as conforming to
the rules of prudent operation, it shall, within three days after the date of acceptance, discontinue the measures prescribed in
the preceding paragraph. 

Article 38  Where a financial institution of the banking industry is experiencing or is likely to experience a credit crisis,
thereby seriously jeopardizing the lawful rights and interests of depositors and other customers, the banking regulatory authority
under the State Council may, in accordance with law, take over the institution or facilitate its restructuring. The take-over and
restructuring shall be carried out in accordance with relevant laws and the regulations of the State Council. 

Article 39  Where a financial institution of the banking industry operates in violation of laws or is not operated or managed
properly, thereby seriously threatening financial order and undermining public interests unless it is closed, the banking regulatory
authority under the State Council shall have the power to close it. 

Article 40  Where a financial institution of banking industry is taken over, restructured, or closed, the banking regulatory
authority under the State Council shall have the power to require the directors, senior managers and other staff members of the institution
to perform their duties according to the requirements of the authority. 

In the course of the take-over, restructuring or liquidation after the closure of the institution, the banking regulatory authority
under the State Council may, with the approval of the leading member of the authority, take the following measures against the directors
and senior managers who are directly in charge and the other staff members who are directly responsible:  

(1) where their departure from the People’s Republic of China will cause heavy losses to the interests of the State, notifying the
exit control authority of the need to prevent them, in accordance with law, from leaving the country; and 

(2) submitting an application to the judicial authority for prohibiting their moving to other places or their transferring of their
property, or for establishing other rights on their property. 

Article 41  A banking regulatory authority shall, with the approval of the leading member of the banking regulatory authority
under the State Council or of its office at the provincial level, have the power to inquire about the bank accounts of the financial
institution of the banking industry suspected of violating laws in financial affairs, and the bank accounts of its staff members
and connected parties; and may, with the approval of the said leading member, submit an application to the judicial authority for
freezing the illegally obtained funds that are suspected of being about to be moved to other places or concealed.  

Chapter V 

Legal Responsibility 

Article 42  Any staff member of the banking regulatory authority engaged in supervision commits any of the following acts shall
be given administrative sanctions according to law; and if a crime is constituted, he shall be investigated for criminal responsibility
in accordance with law: 

(1) in violation of relevant regulations, examining and giving approval to the establishment, change or termination of a financial
institution of the banking industry, or its business scope or the services it offers within its business scope; 

(2) in violation of relevant regulations, conducting on-site inspection of a financial institution of the banking industry; 

(3) failing to report an emergency in accordance with the provisions in Article 28 of this Law; 

(4) in violation of relevant regulations, inquiring about bank accounts or submitting an application for freezing funds; 

(5) in violation of relevant regulations, taking measures against or penalizing a financial institution of the banking industry;
and 

(6) other acts such as abuse of power and neglect of duties. 

Any staff member of the banking regulatory authority engaged in supervision who commits embezzlement, bribery or divulgence of State
secrets or the business secrets he knows, which constitutes a crime, shall be investigated for criminal responsibility according
to law; and if it is not serious enough to constitute a crime, he shall be given administrative sanctions according to law. 

Article 43  Where a financial institution of the banking industry is established without authorization, or the business activities
of financial institutions are illegally engaged in, the banking regulatory authority under the State Council shall outlaw such an
institution and such business activities. If a crime is constituted, criminal responsibility shall be investigated according to law;
if the case is not serious enough to constitute a crime, the unlawful gains shall be confiscated by the banking regulatory authority
under the State Council; if the unlawful gains exceed RMB 500,000 yuan, a fine of not less than the amount of the unlawful gains
but not more than five times that amount shall, in addition, be imposed; and if there are no unlawful gains or the amount of such
gains is less than 500,000 yuan, a fine of not less than 500,000 yuan but not more than 2,000,000 yuan shall be imposed.  

Article 44  Where a financial institution of the banking industry commits one of the following acts, it shall be instructed
by the banking regulatory authority under the State Council to rectify; if there are unlawful gains, such gains shall be confiscated;
if the unlawful gains exceed 500,000 yuan, it shall, in addition, be fined not less than the amount of such gains but not more than
five times that amount ; if there are no unlawful gains, or such gains are less than 500,000 yuan, it shall be fined not less than
500,000 yuan but not more than 2,000,000 yuan; if the circumstances are particularly serious, or if the institution fails to rectify
within the prescribed period of time, the banking regulatory authority under the State Council may instruct it to suspend business
for rectification or revoke its business license; if a crime is constituted, the institution shall be investigated for criminal responsibility
according to law: 

(1) establishing a branch without approval; 

(2) making changes or terminating business operations without approval; 

(3) in violation of relevant regulations, engaging in business activities for which no approval is obtained or which are not put
on record; and 

(4) in violation of relevant regulations, raising or lowering interest rates on deposits or loans. 

Article 45  Where a financial institution of the banking industry commits one of the following acts, the banking regulatory
authority under the State Council shall instruct it to rectify and shall, in addition, impose on it a fine of not less than 200,000
yuan but not more than 500,000 yuan; if the circumstances are particularly serious, or if the institution fails to rectify within
the prescribed period of time, the said authority may instruct it to suspend business for rectification or revoke its business license;
if a crime is constituted, the institution shall be investigated for criminal responsibility according to law: 

(1) appointing directors or senior managers without subjecting their qualifications for the positions to examination; 

(2) refusing to accept or obstructing the off-site   supervision or on-site inspection; 

(3) providing statements, reports, documents or materials that are false or conceal important facts; 

(4) failing to disclose information to the public in accordance with relevant regulations; 

(5) violating the rules of prudent operation to a serious extent; and 

(6) refusing to enforce the measures as provided for in Article 37 of this Law. 

Article 46  Where a financial institution of the banking industry fails to provide statements, reports, documents or materials
in accordance with relevant regulations, the banking regulatory authority shall instruct it to rectify. If it fails to comply within
the prescribed period of time, it shall be fined not less than 100,000 yuan but not more than 300,000 yuan. 

Article 47  Where a financial institution of the banking industry violates laws, administrative regulations or regulations of
the State governing regulation and supervision of the banking industry, the banking regulatory authority may, in addition to the
penalties specified in Articles 43, 44, 45 and 46 of this Law, take the following measures, depending on the seriousness of the circumstances: 

(1) to instruct the financial institution to impose disciplinary sanctions on the directors and senior mangers who are directly in
charge and the other persons who are directly responsible; 

(2) if the case is not serious enough to constitute a crime, to give disciplinary warnings to the directors and senior managers who
are directly in charge and the other persons who are directly responsible and impose on them each a fine of not less than 50,000
yuan but not more than 500,000 yuan; and 

(3) to disqualify the directors and senior mangers who are directly in charge for a specified period of time or for life, or to
prohibit them and the other persons who are directly responsible from working in the banking industry for a specified period of time
or for life. 

Chapter VI 

Supplementary Provisions 

Article 48  Where with regard to the regulation of and supervision over the policy banks and asset management companies established
in the territory of the People’s Republic of China, laws and administrative regulations provide otherwise, the provisions there shall
prevail. 

Article 49  Where with regard to the regulation of and supervision over the wholly foreign-funded financial institutions, Chinese-foreign
joint venture financial institutions and branches of foreign financial institutions of the banking industry that are established
in the territory of the People’s Republic of China, laws and administrative regulations provide otherwise, the provisions there shall
prevail. 

Article 50  This Law shall go into effect as of February 1, 2004.

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







INTERIM MEASURES FOR THE MANAGEMENT OF THE DEALINGS OF DERIVATIVE PRODUCTS OF FINANCIAL INSTITUTIONS

China Banking Regulatory Commission

Order of the China Banking Regulatory Commission

No. 1

Interim Measures for the Management of the Dealings of Derivative Products of Financial Institutions have been adopted at the chairman
meeting of China Banking Regulatory Commission and are hereby promulgated. The present Measures shall come into effect as of March
1, 2004.

Liu Mingkang, Chairman of the China Banking Regulatory Commission

February 4, 2004

Interim Measures for the Management of the Dealings of Derivative Products of Financial Institutions

Chapter I General Provisions

Article 1

With a view to regulating the dealings of derivative products of banking institutions, effectively controlling the risk of banking
institutions in the transaction of derivative products, the present Measures are formulated in accordance with Banking Supervision
Law of People’s Republic of China and Commercial Bank Law of People’s Republic of China and other relevant laws and regulations.

Article 2

The term of financial institutions as mentioned in the present Measures refers to the banks, trust and investment companies, finance
companies, financial leasing companies, legal person of auto financing companies and branches of foreign banks established within
the territory of People’s Republic of China (hereinafter referred to as branches of foreign banks).

Article 3

The term of derivative products as mentioned in the present Measures refers to a certain type of financing contract the value of which
subjects to one or more than one basic assets or index. Basic types of these contracts are futures, transaction at usance, swap transaction
and futures rights. Derivative products also including structural financial tools that have one or more characteristic of futures,
transaction at usance, swap transaction and futures rights.

Article 4

The dealings of derivation products of financial institutions referred to in the present Measures can be divided into two categories
as followed:

(1)

The derivative product transactions for the purpose of making profit or avoiding risk of their own capital and debt. The financial
institutions are regarded as the final customer of derivative product.

(2)

Financial institutions provide the derivative product transactions to clients (including financial institutions). Financial institutions
are regarded as the broker of the derivative product transactions and those brokers who provide quoting service and negotiable service
to other brokers and clients are regarded as the market manipulators of derivative products.

Article 5

China Banking Regulating Commission (hereinafter referred as to CBRC) shall be responsible for supervision over the derivative product
transactions of financial institutions. Financial institutions shall pass the examination and approval of CBRC and accept the supervising
and administration of CBRC in operating the derivative product transactions.

Any non-financial entity shall not provide the dealing services of derivative product to the clients.

Article 6

Financial institutions shall observe the provisions on foreign exchange and other relevant provisions in operating the derivative
product transactions related with the foreign exchange, stocks and commodities and derivative product transactions on exchange.

Chapter II Administration of Market Access

Article 7

Financial institutions that apply for the operation of the derivative product transactions shall meet the following requirements

(1)

Having a perfect risk control system and internal controlling system of the derivative product transactions;

(2)

Having a operating system of auto-connection of the derivative product transactions and real-time risk control system;

(3)

Operating staff of the derivative product transactions shall has an experience of directly operating the derivative product transactions
and risk control for more than 5 years, and shall not have any defective record;

(4)

Having at least 2 operating staff that has over 2 years experience of the derivative product transactions and related derivative product
transactions and over half a year experience of special training of operating skill of the derivative product transactions, 1 executive
of risk control, 1 staff for risk model research or analyses. The mentioned staff shall be sole duty person and shall not hold a
concurrent post or have any defective record;

(5)

Having appropriate trading floor and equipment;

(6)

If the branches of foreign banks plan to run the derivative product transactions, the registered country shall have a legal system
of supervising and regulating the derivative product transactions and the competent authority of the country shall have the capability
of supervising and regulating;

(7)

Other requirements of CBRC.

The branches of foreign banks plans to run the derivative product transactions that can not meet the requirements of Item 1 to Item
5 shall conforms with Item 6, Item 7 of the preceding Paragraph and following requirements:

(1)

Having formal authorization concerning type and quota of the derivative product transactions and other matters from its headquarter,

(2)

Except definite provisions of its headquarter, all the derivative product transactions of the branches shall be operated through the
real-time system of the authorized headquarter, and the inventory adjusting, risk exposure operation and risk control shall be operated
by the headquarter.

Article 8

The Policy banks, Chinese-funded commercial banks (except the city commercial banks, rural commercial banks and rural cooperative
banks), trust and investment banks, finance companies, finance leasing companies, auto-financing companies shall, if they operate
transactions of derivative products, apply for certificate from CBRC by their legal representatives and be examined and approved
by CBRC.

City commercial banks, rural commercial banks and rural cooperative banks shall, if they operate transactions of derivative products,
submit the application materials to the local Banking Regulatory Bureau by their legal representatives and shall be examined and
approved by CBRC after the approval of local departments.

Foreign-funded financial institutions shall, if they operate the transactions of derivative products, submit application materials
signed by the authorized signer to the local Banking Regulatory Bureau and shall be examined and approved by CBRC after the approval
of local departments. Foreign-funded bank institutions that plan to operate the derivative product transactions in more than two
branches in the territory of China may submit the application materials to the local Banking Regulatory Bureau by their headquarters
or the main reporting bank of the foreign bank and shall be examined and approved by CBRC after the approval of local departments.

Article 9

Where financial institutions apply for the operation of the derivative product transactions, they shall submit the following documents
and materials in triplicate to CBRC or its agencies,

(1)

Application report, feasibility report, operation program or the derivative product transactions acquisition plan;

(2)

Internal executive regulation of the derivative product transactions;

(3)

Accounting system of the derivative product transactions;

(4)

List and resume of the governor and main derivative product transactions staff;

(5)

Authorized administrative system of risk exposure qualification or limitation;

(6)

Security testing report of trading floor, equipment and system;

(7)

Other documents and materials required by CBRC.

Branches of foreign banks operating the derivative product transactions that do not satisfy criteria listed in Item 1 to Item 5 of
Article 7 shall submit following documents to the local Banking Regulatory Bureau at the time of application,

(1)

Documents of formal written authorization from the headquarter to the branches of operating the derivative product transactions,

(2)

Promising letter from the headquarter of insuring the real-time derivative product transactions of all the derivative product transactions
of its branches through the system of the headquarters and taking charge of inventory adjusting, risk exposure operation and risk
control.

Article 10

Internal executive regulations of the financial institutions that operate the derivative product transactions shall essentially involve
following contents,

(1)

Rudder, operational procedure that shall reflect the principle of separation of pre-phase, middle-phase and after-phase, emergency
solution of the derivative product transactions;

(2)

Risk model index and qualification operation index;

(3)

Type of derivative product transactions and correspondent risk control system;

(4)

Risk report and internal audit system;

(5)

Executive and evaluation system of research and development of the derivative product transactions;

(6)

Rules of brokers;

(7)

Job responsibility system of derivative product transactions governors and questioning mechanism and prompting and restricting mechanism
of the governor at all level and traders;

(8)

Training program for the persons-in-charge and workers;

(9)

Other contents required by CBRC.

Article 11

CBRC shall give response within 60 days after the reception of all application materials submitted by the financial institutions according
to the present Measures.

Article 12

Legal person in the territory of China shall strictly examine the capability of risk control of its agencies in authorizing them to
operate the derivative product transactions and make formal written documents of authorization concerning type of derivative product
transactions and limitation. The agencies shall operate the derivative product transactions unifiedly through their headquarters’
real-time system, and their headquarters shall run inventory adjusting, risk exposure operation and risk control as a whole.

The aforesaid agencies shall report to the local Banking Regulatory Bureau within 30 days after the receipt of authorization or authorization-altering
documents from headquarter with aforesaid documents.

Chapter III Risk Management

Article 13

Financial institutions shall, according to its own characteristic of operating target, assets scale, managing ability and risk of
the derivative product transactions, make sure the capability of running the derivative product transactions and confirm the type
and scale of the derivative product transactions.

Article 14

Financial institutions shall, according to the classification of Article 4 , set up the sound systems of risk control, internal control
and operation corresponding to the type, scale and complexity of the operating derivative product transactions.

Article 15

Higher executives of financial institutions shall know the risk of the derivative product transactions, comprehensive management framework
involving principles, procedure, organization and power limitation of auditing, approving and evaluating the operation and risk control
of the derivative product transactions and shall be capable of acquiring information on the derivative product transactions through
independent risk control departments and sound examining and reporting system and giving corresponding supervision and guidance.

Article 16

Higher executives of the financial institutions shall decide the calculating method and index of risk exposure of the derivative product
transactions that is adaptive to the operation of their institutions, and shall make, regularly checkup and update the system of
risk exposure limit, loss limit and emergency solution according to the comprehensive ability, owned assets, profitability, operation
policy and estimation of market. Higher executive also shall make supervision and control procedure of limitations. Higher executives
of the financial institutions in charge of operating the derivative product transactions and of risk control shall be divided separately.

Article 17

Financial institutions shall make clear criteria of working certificate of traders, analyzers and other staff and arrange training
for the salesman and other operating staff according to the complexity of the derivative product transactions so as to ensure they
have efficient skill and competency.

Article 18

Financial institutions shall make sound policy of evaluating the other party of the derivative product transactions, including whether
the other party thoroughly understand the contract and the responsibility of perform it, whether the derivative product transactions
meet the real target of the other party and the evaluation of credit risk of the other party.

Financial institutions shall make special provisions on the qualification of the other party under the circumstance of high-risk derivative
product transactions type.

Financial institutions may reasonably rely on the formal written documents provided by the other party according to the principle
of good faith in performing the present Article.

Article 19

Financial institution shall explain the risk of the derivative product transactions to the institution or individual in operating
the derivative product transactions for them and shall get the confirmation letter from them so as to confirm that they have understand
and have the ability to bear the risk.

The information exposed to the institution or individual by the banking institution shall at least involve following contents,

(1)

Content and risk summary of the contract on the derivative product transactions,

(2)

Important factors influencing potential loss of the derivative product.

Article 20

Financial institutions shall appropriately and reasonably use all kinds of risk buffer measures like guarantee to reduce the credit
risk of the other party of the derivative product transactions, evaluate the credit risk by using appropriate method and model and
apply corresponding risk control measures.

Article 21

Financial institutions shall evaluate market risk of the derivative product transactions by using appropriate evaluation method or
model, handle the market risk according to the price principles, and adjust the operation scale, type and risk exposure level.

Article 22

Financial institutions shall make sound fluidity arrangements according to the scale and type of the derivative product transactions
in order to ensure the sufficient performing ability under the unusual market circumstances.

Article 23

Financial institutions shall establish and amplify sound systems and mechanisms of operating risk control so as to strictly control
the derivative product transactions risk.

Article 24

Financial institutions shall establish and amplify sound systems and mechanisms of legal risk control so as to strictly examine the
transacting qualification and legal status. Financial institutions shall, in signing the contract of the derivative product transactions
consult, refer to the legal documents world widely adapted, thoroughly consider factors like feasibility of demanding and saving
from damage on account of breaking a contract by using legal measures and take effective means to prevent legal risk in drafting
out transactions contract, negotiating and concluding, etc.

Article 25

Financial institutions shall submit accounting statement, statistic statement and other related reports of the derivative product
transactions to CBRC according to the provisions promulgated by CBRC.

Financial institutions shall disclose risk situation, loss situation, profit change and other unusual situation of the derivative
product transactions according to the provisions on information exposing promulgated by CBRC.

Article 26

CBRC have the privilege of inspecting materials and statements of the derivative product transactions from financial institutions
at any time and of inspecting regularly whether the risk control system, internal control system and operation system of the financial
institutions adapt the type of derivative product transactions they operate.

Article 27

Financial institutions shall timely and actively report to CBRC and submit corresponding solution under the circumstance of existing
big operation risk or tremendous loss in running the derivative product transactions.

Financial institutions shall timely and actively report detailed information to CBRC under the circumstance of important change of
operation, executive system or risk control of the derivative product transactions.

Financial institutions shall simultaneously send a copy to the State Administration of Foreign Exchange in the case that the aforesaid
matters related to the foreign exchange administration and external payment.

Article 28

Financial institutions shall properly conserve all the operation documents and documents, accounting books, original evidences, telephone
record and other materials of the derivative product transactions. Telephone record shall be conserved for more than half one year,
and other materials shall be reserved for 3 years after the maturity of the contract for the purpose of examination. The special
provisions of accounting prevail.

Chapter IV Penalty Provisions

Article 29

Where the traders of the derivative product transactions in the financial institutions violate these Measures or relevant provisions
of the institution resulting in heavy economic losses to the institution or the clients, financial institutions thereof shall give
the directly responsible higher executives and other governor and directly liable persons the penalty of demerit to expel. Those
who violate the Criminal law shall be transmitted to judiciary departments to investigate and affix criminal responsibility.

Article 30

Financial institutions that operate the derivative product transactions without permission of CBRC shall be given penalty by CBRC
according to Measures on Punishing Illegal Activity in Financing.

Non-financing institutions that violate these Measures and provide service of the derivative product transactions to the clients shall
be clamped down by CBRC and the illegal profit shall be confiscated by CBRC. Those violate criminal law shall be transmitted to judiciary
departments to investigate and affix criminal responsibility.

Article 31

CBRC shall respectively give penalty to the financial institutions that do not submit relevant statements, materials or that do not
expose related information according to the character of the institutions and Banking Supervision Law of People’s Republic of China,
Commercial Bank Law of People’s Republic of China, Regulations on Administration of Foreign-funded Financial institutions of People’s
Republic of China and other relevant laws, regulations and financial regulations.

CBRC shall give penalty to the financial institutions that provide fake information of the derivative product transactions or disguise
important information of the derivative product transactions according to Measures on Punishing Illegal Activity in Financing.

Article 32

CBRC can suspend or revoke the qualification of operating the derivative product transactions of the financial institutions under
the circumstance of finding the institutions did not effectively execute essential risk management and internal management system
of the derivative product transactions.

Chapter V Supplementary Provisions

Article 33

The power to interpret the present Measures shall remain with CBRC.

Article 34

The present Measures shall enter into effect as of March 1, 2004. If any provisions governing the derivative product transactions
of financial institutions issued previously are in conflict with the present Measures, the present Measures shall prevail



 
China Banking Regulatory Commission
2004-02-04

 







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...