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OFFICIAL REPLY OF THE STATE ADMINISTRATION OF TAXATION ABOUT HOW TO DETERMINE THE PERMANENT ESTABLISHMENT OF FOREIGN ENTERPRISES PROVIDING LABOR SERVICES WITHIN THE TERRITORY OF CHINA AND ABOUT WHOM THE PROFITS SHOULD BE ATTRIBUTED TO

Official Reply of the State Administration of Taxation about How to Determine the Permanent Establishment of Foreign Enterprises Providing
Labor Services within the Territory of China and about Whom the Profits should be Attributed to

Guo Shui Han [2006] No. 694

1.

In the “permanent establishment” clause of tax treaties, permanent establishments include “the furnishing of services, including consultancy
services, by an enterprise of a Contracting State through employees or other personnel in the other Contracting State, provided that
such activities continue for the same project or a connected project for a period or periods aggregating more than six months within
any twelve-month period.” In practice, where a foreign enterprise has no permanent establishment within the territory of China and
only sends its employees to provide services, including consultancy services, for a connected project within the territory of China,
if these employees’ actual working period or periods aggregates more than six months within any twelve-month period, it is safe to
determine that this foreign enterprise has a permanent establishment within the territory of China.

2.

Where a project lasts for several years and if the working period of any employees a foreign enterprise assign to China to provide
services only in a certain period of over 6 months, but the working period of other employees a foreign enterprise assign to China
to provide services is less than six months, it is still safe to determine that this foreign enterprise has a permanent establishment
within the territory of China. This permanent establishment is based on all services the foreign enterprise provides for the related
project rather than the services it provides in a certain period.

3.

Where a foreign enterprise has a permanent establishment providing services for a certain project through its employees within the
territory of China, the related profits sourced from the services related to the project within the territory of China shall be considered
as the profits of the permanent establishment and shall be taxed.

State Administration of Taxation

July 19, 2006



 
State Administration of Taxation
2006-07-19

 






ANNOUNCEMENT NO.41, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING THE COLLECTION OF ANTI-DUMPING DUTIES ON IMPORTED PBT ORIGINATING FROM JAPAN AND TAIWAN REGION

Announcement No.41, 2006 of the General Administration of Customs of the People’s Republic of China concerning the Collection of Anti-dumping
Duties on Imported PBT Originating from Japan and Taiwan Region

No.41 [2006]

According to the provisions of Anti-dumping Regulations of the People’s Republic of China, Tariff Commission of the State Council
decided to impose anti-dumping duties on imported PBT originating from Japan and Taiwan Region as of July 22, 2006 for a period of
5 years. For this reason, the Ministry of Commerce has promulgated its Announcement No. 24, 2006 (See Appendix 1). Relevant issues
in the implementation are hereby announced as follows:

1.

As of July 22, 2006, besides levy of import duties in accordance with rules, in light of different manufactures, anti-dumping duties
and value added duties in import linkage shall be imposed on PBT originating from Japan and Taiwan Region (Tariff No. 39079900, Reinforced
or modified PBT under this Tariff No. is not included) according to appropriate duty rate as listed in Appendix 2 of this Announcement
and following formula,.

Anti-dumping Duty￿￿Customs Tax Payment Price ￿￿ate of Anti-dumping Duty

Value added Duty in import linkage ￿￿(Customs Tax Payment Price + Tariff + Anti-dumping Duty) ￿￿Value Added Duty Rate in import linkage

See Appendix 1 of this Announcement for detailed description of the products on which anti-dumping duties shall be imposed.

The import operation units shall write commodity number 39079900.10 when they declare the PBT without reinforcement and modification
under the Tariff No. 39079900, and write commodity number 39079900.90 when they declare reinforced or modified PBT and other products
under Tariff No. 39079900.

2.

Whoever declares imported PBT shall submit Origin Certificate to the Customs. If the origin is Japan or Taiwan Region, the invoice
of the original manufacture shall be provided. Any one who could not provide Origin Certificate when declaring imported PBT, and
no way to determine that the origin of the goods are not Japan or Taiwan Region, the customs shall levy anti-dumping duties according
to the highest rate of anti-dumping duties as listed in Appendix 2 of this Announcement. If the origin of the goods is Japan or Taiwan
Region could be determined, but the import operation unit could not provide the invoice of the original manufactures, the customs
shall impose anti-dumping duties according to the rate of anti-dumping duties applicable to other companies in corresponding countries
or regions as listed in Appendix 2 of this Announcement.

3.

About the issues how to impose anti-dumping duties on the bonded import of PBT originating from Japan and Taiwan Region for processing
trade and etc, the customs shall implement according to the provisions of Announcement No. 9, 2001 of the General Administration
of Customs of PRC and Decree No. 111 of the General Administration of Customs of PRC.

4.

The anti-dumping deposit that has been paid for the PBT originating from Japan and Taiwan Region imported after the implementation
of the temporary measures on anti-dumping shall be levied and changed to anti-dumping duties according to the commodity range that
shall be imposed anti-dumping duties and the rate of anti-dumping duties as prescribed in this Announcement, the deposit of value
added duties in import linkage paid simultaneously shall be changed to value added duties in import linkage. If above deposit exceeded
the rate of anti-dumping duties and corresponding value added duties in import linkage calculated according to the duty rate as stipulated
in this Announcement, the unit concerned may apply for refund to the customs in the duty levying area within 6 months from Jury 22,
2006. If above deposit is not enough, overdue duties shall not be levied.

5.

During the period of imposing anti-dumping duties on imported PBT, to the same or similar goods that the customs could not determine
whether anti-dumping duties shall be levied, the unit concerned shall make an application to the Ministry of Commerce and a determination
shall be made by relevant department of the Ministry of Commerce. The customs shall implement according to the determination of the
Ministry of Commerce.

You are hereby informed by the announcement.



 
General Administration of Customs
2006-07-20

 






DECISION OF CSRS CONCERNING LIFTING THE RESTRICTIONS ON THE BUSINESSES OF UNITED SECURITIES CO., LTD.

Decision of CSRS concerning Lifting the Restrictions on the Businesses of United Securities Co., Ltd.

Zheng Jian Ji Gou Zi [2006] No. 162

United Securities Co., Ltd.

On May 11, 2006, this Commission issued a Decision concerning Restricting the Businesses of United Securities Co., Ltd. (Zheng Jian
Ji Gou Zi [2006] No. 85), which provides that the measures for restricting your company’s businesses would be taken since May 15,
2006, including the suspension of recommendation and underwriting businesses, of the account securities agency business, of conducting
new businesses, of increase and acquisition of business branches and of move and transfer of business branches.

Whereas your company has replenished the full amount of shortage of settlement fund for the client transactions, according to Article
150 of the Securities Law, this Commission decides to lift the aforementioned restrictions on your company’s businesses since July
21, 2006.

China Securities Regulatory Commission (CSRS)

July 20, 2006



 
China Securities Regulatory Commission (CSRS)
2006-07-20

 






OPINIONS OF THE MINISTRY OF COMMERCE, THE NATIONAL DEVELOPMENT AND REFORM COMMISSION, THE MINISTRY OF SCIENCE AND TECHNOLOGY, THE MINISTRY OF FINANCE, THE GENERAL ADMINISTRATION OF CUSTOMS, THE STATE ADMINISTRATION OF TAXATION, STATE INTELLECTUAL PROPERTY OFFICE AND THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON ENCOURAGING TECHNOLOGY IMPORTING AND INNOVATION AND PROMOTING CHANGES IN PATTERN OF TRADE GROWTH

Opinions of the Ministry of Commerce, the National Development and Reform Commission, the Ministry of Science and Technology, the
Ministry of Finance, the General Administration of Customs, the State Administration of Taxation, State Intellectual Property Office
and the State Administration of Foreign Exchange on Encouraging Technology Importing and Innovation and Promoting Changes in Pattern
of Trade Growth

Shang Fu Mao Fa [2006] No.13

The competent departments of commerce, development and reform (planning, economy and trade), science and technology, and finance at
various levels in all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated
in the state plan and Xinjiang Production and Construction Corps, Guangdong Sub-Administration of China Customs, Special Commissioners’
Offices in Tianjin and Shanghai, the customs offices directly affiliated to the General Administration of Customs, bureaus of state
taxation, intellectual property offices and bureaus of foreign exchange at various levels:

For the purpose of acting in the spirit of the National Science and Technology Conference, further implementing the strategy of Revitalizing
Trade through Science and Technology, carrying out the Eleventh Five-Year Programme on Revitalizing Trade through Science and Technology,
encouraging domestic enterprises to import advanced technologies and to enhance their own abilities in imported technology absorbing
and re-innovating in order to boost their core competitiveness and accelerate the changes in the pattern of trade growth, the following
opinions are hereby proposed:

I.

Deepen the Understanding of the Current Situation of Technology Importing

1.

Since the reform and opening up to the outside world, China has made tremendous progress in technology importing. Nearly 80000 contracts
of foreign technology importing have been signed since 1979, with a total contractual value of more than US$200 billion. During the
Tenth Five-Year Programme, China signed 35000 contracts of foreign technology importing worth nearly US$73 billion, which accounted
for 36% of the total number since the inception of reform and opening up policy. The imported technologies have played a key role
in upgrading the industrial technologies, strengthening the innovating ability of domestic enterprises and accelerating the economic
and social development.

2.

Currently, the international economic pattern is undergoing profound changes: economic globalization has been gaining momentum, economic
restructuring accelerating, technological innovation making more and more contributions to the economic growth and science and technology
have become the focal points of the competition of overall national strength. New trends have appeared in international technology
transfer: multinational corporations, as the main body in international technology transfer, are exerting a more and more profound
influence on it while the small-and-medium-sized enterprises have also been more active; transfer of advanced technology has increased;
and intellectual property has become an effective measure of promoting technology trade and competition. All these have placed increased
demands on the capabilities in technology absorbing and innovating of domestic enterprises.

II.

The Guidelines, General Objectives and Fundamental Principles of Technology Importing and Innovation

3.

Guidelines: to fully carry out the scientific outlook on development, further promote the implementation of the strategy of Revitalizing
Trade through Science and Technology, and, in accordance with the requirements of the Fifth Plenary Session of the Sixteenth Central
Committee of the Party, to support and encourage the import of advanced technologies, enhance the capabilities in imported technology
absorbing and re-innovating, promote the progress of China’s industrial technology, improve the capacity for independent innovation
and core competitiveness of domestic enterprises and accelerate the changes in the pattern of trade growth, for the final purpose
of achieving a early historic leap from “a country with large trade volume” to “a trading power”.

4.

General Objectives: to optimize the technology importing structure and improve its quality and efficiency, for the purpose of raising
the proportion of the contracts of proprietary and patented technologies to about 50% of the total by 2010, increasing the counterpart
funds for the imported technologies absorption, establishing a technology importing and innovation promoting system which has enterprises
as the main body and is oriented towards the market, steered and promoted by the government and supported by the scientific forces
of all parties concerned, and achieving a benign cycle in this regard, i.e. “importing the technologies – absorbing them – re-innovating
and developing of new technologies – improving the international competitiveness.

5.

Fundamental Principles: firstly, to combine the import of advanced technologies and the optimization of importing structure and raise
the proportion of proprietary and patented technologies in product designing and manufacturing process; secondly, to combine the
technology importing and developing and innovating, enhance the effective connection of technology importing and absorbing, and emphasizing
the absorption and re-innovation of imported technologies in order that domestic enterprises will have more independent intellectual
property rights in core products and technologies; thirdly, to combine the development of new and high-tech industries and reformation
of traditional industries, select some key areas and industries and enlarge the scale of their import and have the traditional industries
restructured and upgraded; fourthly, to combine the general promoting and emphasis laying and cultivate a batch of key enterprises
of technology importing, absorbing and re-innovating; fifthly, to combine raising the quality of imported foreign funds and propelling
the development of domestic industries, encourage foreign investment in new and high-tech industries and their accessory industries,
extend the industrial chain and help and support the development of export-oriented enterprises.

III.

Accelerate the Establishment of Technology Importing and Innovation Promoting System of Domestic Enterprises

6.

In line with the orientation and requirements of China’s industrial development, provide special assistance for enterprises in importing
technologies with market potential and possible advantages in future competitions or with great significance to national well-being
and the people’s livelihood, such as those in biology, civil aerospace industry, machine building, petrochemical industry, clean
power generation, new materials, energy saving and environmental protection.

7.

Be committed to multilateral technological cooperation. Break the technological monopoly of developed countries and promote the import
of new and high technologies through strengthening exchanges and cooperation between governments, NGOs and enterprises; adopt various
forms of cooperation such as joint research, collaborated tasks and matched communication and enlarge the scope of cooperation; to
have more countries as the source of imported technologies and import technologies at various level to suit the technological needs
of domestic enterprises; make the multilateral cooperation mechanism an intermediary of research and development and technological
cooperation between enterprises and scientific institutions on both sides.

8.

Establish and improve the public information system for international trade in technologies. Assist domestic enterprises in obtaining
information on international technology market through information collecting, policy consulting, technological resources and demands
releasing.

9.

Advance the administration and protection of intellectual property rights of domestic enterprises: support and encourage them to apply
for domestic and overseas patents for re-innovated technologies; provide them with information on patent and legal service on intellectual
property, assist them in utilizing professional measures such as patent searching, analyzing and applying, protect the intellectual
property rights and improve the ability and level of applying rules concerning intellectual property.

10.

Support qualified enterprises in going global. Make full use of foreign scientific and technological resources by establishing overseas
research and development institutions, keep track of world advanced technologies and constantly improve the technology developing
and innovating capabilities of Chinese enterprises.

11.

Continue to encourage transnational corporations to set up research and development institutions in China and raise China’s overall
level in research and development. Encourage cooperation between transnational corporations and China’s research and development
institutions, colleges and universities and enterprises, the industrialization of technological fruits of foreign research and development
institutions in China and the technological transfer of foreign-invested enterprises to state-owned private enterprises.

12.

Encourage and guide domestic enterprises to establish strategic relationship of alliance with transnational corporations or tech-advanced
enterprises in developed countries and to take part in technology R&D activities led by transnational corporations; encourage
domestic enterprises to join in their foreign counterparts in technology research and development and speed up the internationalization
of new and high-tech research and development.

13.

Give full scope to the key role of enterprises in technology importing, absorbing and innovating. Encourage domestic enterprises to
import advanced and applicable technologies independently and conduct joint research and development in technology absorption and
innovation with scientific and technological institutions, colleges and universities, or establish jointly technology developing
institutions; to support large enterprises or enterprise groups to take advantage of current resources for importing, absorbing and
re-innovating the key and common technologies and introducing the technologies to small-and-medium-sized enterprises; on the basis
of the intellectual, information, capital and policy resources of the state-level economic and technological development zones and
state-level new and high-tech industry development zones, guide the enterprises within the zones in importing new and high technologies
and realizing technological innovation.

14.

Cultivate and support a batch of high-quality intermediary institutions which can provide domestic enterprises with such services
as technology information, market research, technology appraisal, patent searching and legal consultation, offset the disadvantages
of domestic enterprises in information and professional personnel, guard against the market risks and promote the communication and
coordination between enterprises.

IV.

Utilize Economic Means Comprehensively to Encourage Technological Importing and Innovating

15.

The state, with the Foreign Trade Development Foundation, supports the expansion of exports through technology importing and innovating.
In accordance with the Administrative Measures of Subsidy Fund for Loans of Technology Renovating and Reforming Projects and Administrative
Measures of Fund for Research and Development of Exporting Products, the state supports enterprises to import advanced technologies,
absorb and re-innovate the imported technologies and conduct technology reformation, research and development for cooperation with
foreign counterparts.

16.

Provide domestic enterprises with necessary financial support for importing advanced technologies and their re-innovating. Policy
banks and commercial banks may grant loans for technology importing, absorbing and re-innovating on the basis of the laws, rules
and policies of the country.

17.

Provide domestic enterprises with necessary financial and foreign exchange support to establish overseas research and development
centre, and give special assistance to the projects of overseas research and development centre which can utilize international advanced
technologies, managerial expertise and professionals.

18.

The competent departments of finance and taxation shall modulate the scope of reduction and exemption of taxes on royalties obtained
by foreign enterprises from transferring technologies to Chinese enterprises and scientific institutions

The competent departments of finance shall improve the taxation policy of imported technologies together with other relevant departments,
and those of customs, determine the dutiable value of separately imported technology in importing, formulate the measures of taxation
and encourage domestic enterprises to import patented and proprietary technologies and managerial expertise, with a view to further
optimizing the quality and structure of technology importing.

19.

Establish and improve the venture capital mechanism and support enterprises and scientific institutions to import the fruits of frontier
sciences by utilizing social capital and having them industrialized, for the purpose that the enterprises may better grasp the latest
foreign technological fruits and core technologies and enhance their capability of independent innovation.

V.

Improve Various Systems of Technology Importing and Re-innovating

20.

Improve the legal and regulation system on technology importing. The relevant departments of the government shall conduct an investigation
and research on the application of current laws, and, on the basis of current situation, revise Regulations of the People’s Republic
of China on Administration of Technology Import and Export and formulate rules for implementation of the aforementioned regulations
so as to guide domestic enterprises to protect their own lawful rights and interests. The relevant departments of the government
shall periodically regulate Catalogue of the People’s Republic of China for Technologies Prohibited or Restricted from Import, restrict
the import of technologies which have been mature enough or have become out of date in China, prohibit or restrict that of technologies
which require large energy consumption and produce much pollution or which have already been eliminated, and restrict the repeated
and blind import.

21.

Establish the exchange and training system of technology importing work. Enhance the information exchange on technology importing
of enterprises, provide more guidance and training for technological trade personnel and cultivate a contingent of professionals
in this regard with both technical specialization and the knowledge on international trade.

22.

Improve the comprehensive statistic system of technology importing. The competent departments of commerce, foreign exchange, customs
and statistics shall strengthen cooperation and establish a full-caliber system of statistic analysis and online administration of
technology importing.

The Ministry of Commerce

The National Development and Reform Commission

The Ministry of Science and Technology

The Ministry of Finance

The General Administration of Customs

The State Administration of Taxation

The State Intellectual Property Office

The State Administration of Foreign Exchange

July 14, 2006



 
The Ministry of Commerce, the National Development and Reform Commission, the Ministry of Science and Technology, the
Ministry of Finance, the General Administration of Customs, the State Administration of Taxation, the State Intellectual Property
Office and the State Administration of Foreign Exchange
2006-07-14

 






PROVISIONS ON RESPONDING TO ANTIDUMPING CASES CONCERNING EXPORT PRODUCTS

Decree of the Ministry of Commerce of the People’s Republic of China

No. 12

The Provisions on Responding to Antidumping Cases concerning Export Products have been deliberated and adopted at the fifth executive
meeting of the Ministry of Commerce as of May 17, 2006. They are hereby promulgated and shall enter into force as of August 14, 2006.
The Provisions on Responding to Antidumping Actions of Export Products (Wai Jing Mao Bu Ling [2001] No. 5) shall be simultaneously
abolished.
Minister of the Ministry of Commerce Bo Xilai

July 14, 2006

Provisions on Responding to Antidumping Cases concerning Export Products

Article 1

In order to do a good job in responding to the antidumping cases launched by foreign countries against the export goods of China
and safeguard the justifiable rights and interests of the enterprises, the present Provisions are hereby instituted in accordance
with the Foreign Trade Law of the People’s Republic of China and the Regulation of the People’s Republic of China on the Administration
of the Import and Export of Goods.

Article 2

The present Provisions shall apply to the responding work to antidumping cases launched against the export goods of China, including
investigation of the new case placed on file, review investigation, anti-absorption investigation and anti-circumvention investigation,
etc.

Article 3

Those enterprises that have produced and exported the products involved to the investigation country or region during the investigation
period of an anti-dumping case shall actively respond to the action.

Article 4

The import and export chamber of commerce and other industrial organizations shall, in accordance with their respective articles
of association, intensify the industrial self-discipline, maintain the industrial operation order, take charge of the industrial
coordination of the responding work to anti-dumping cases, and promote their member enterprises to respond to the anti-dumping cases
launched by foreign countries.

Article 5

The Ministry of Commerce may institute the policies and measures concerning promoting the responding work to the anti-dumping cases.

Article 6

The Ministry of Commerce shall, timely publicize the relevant information about the investigation of anti-dumping cases or the responding
work to actions, and the local competent commercial departments and industrial organizations shall, after obtaining the relevant
information, notify the information to the enterprises involved immediately.

The information prescribed in the preceding Paragraph shall mainly include the following:

(1)

the information relevant to launching an investigation of a new case placed on file in the anti-dumping case;

(2)

the information relevant to launching a review investigation in the anti-dumping case;

(3)

the information relevant to launching anti-absorption and anti-circumvention investigation in the anti-dumping case; and

(4)

other information which has significant effects on the responding work to action.

Article 7

After obtaining the information relevant to launching an investigation on a new case placed on file in the anti-dumping case, an
industrial organization shall make coordinate preparations for the responding work to action in accordance with the export conditions
of the products involved.

Article 8

An enterprise shall regulate its exportation according to law, safeguard the industrial export order, do a good job in the collection
and sort-out of the information about anti-dumping cases, and report the information to the industrial organization in time.

Article 9

The enterprises involved which will participate in the responding work to action shall enjoy the rights below:

(1)

to decide the way of responding to action;

(2)

to select lawyers by themselves;

(3)

to obtain the information about the overall progress in the investigation of the case and the conditions on responding to action by
other enterprises, etc. from the industrial organization;

(4)

to obtain the guidance and assistance from the industrial organization in connection with the responding work to action; and

(5)

to put forward corresponding opinions or suggestions if there is any discriminatory act in the investigation organ of an anti-dumping
case.

Article 10

An enterprise which has responded to an action shall not engage in any activity that may affect the justifiable rights and interests
of any other enterprise responding to action, nor may it engage in any activity that may affect the overall industrial work on responding
to action.

Article 11

An industrial organization shall organize the trainings about the legal knowledge on anti-dumping at regular intervals, and can establish
a special fund from the membership dues to promote member enterprises to respond to actions.

Article 12

Where an industrial organization coordinates the work of responding to anti-dumping cases, its main responsibilities are:

(1)

to establish a statistical supervisory system for export goods and an information collection and feedback mechanism of trade remedy
cases;

(2)

to assist, in accordance with the request of the enterprises responding to an action, to their defences to such technical issues as
the substitute country, market economy status and separate adjudication, and the field investigations by foreign investigation organs;

(3)

to organizing the enterprises responding to an action to attend the hearings, and to consultant and negotiate with the foreign investigation
organs and relevant industrial organizations or enterprises;

(4)

to assist, in accordance with the request of the enterprises responding to an action, to the relevant issues as negotiations about
the price commitment agreement; and bringing forward plans and suggestions to the Ministry of Commerce if any “price commitment agreement”
or “suspension agreement” needs to be signed in the name of the government;

(5)

to assist the enterprises responding to an action to seek for judicial remedies concerning the anti-dumping rulings in the investigation
country or region;

(6)

to provide services about the information about lawyer , and establishing a lawyer information database;

(7)

to regularly publicize the administrative review cases that will become due in the present year and other information on the International
Business Daily and its own website; and

(8)

other work which needs the coordination of the industrial organization.

Article 13

An industrial organization shall, in accordance with Article 12 , institute and promulgate the operation regulations for the coordination
of the industrial organization to the responding work to action.

Article 14

Where an industrial organization has uniformly coordinated to employ the lawyers in accordance with the request of the enterprises
responding to an action, it shall follow the principles of openness, fairness and transparency to select better lawyers.

Where the enterprises responding to an action employ lawyers by themselves and so there are two or more law firms who work for the
same case, the industrial organization shall coordinate the work of all the said law firms during the whole process of the responding
work to action, so as to ensure the effects of the whole industry on responding work to action.

Article 15

Those lawyers and law offices which have worked for the investigation country or region as agents to try for launching the investigations
of trade remedy measures aiming at Chinese products within 3 years before an anti-dumping case is placed on file shall not participate
in the lawyers’ bidding and competition.

The industrial organization shall notify to the enterprise responding to an action of the lawyers and law offices which have ever
seriously affected or damaged the interests of the enterprises or industry of China in their agency activities.

Article 16

An industrial organization shall consult the Ministry of Commerce when coordinating the responding work in the following cases:

(1)

The products involved in the case has a relatively large export amount within the investigation period;

(2)

The products involved in the case has a relatively large market share or a great effect in the investigation country or region;

(3)

Consensus about organizing coordinating the responding work to action could not be formed among industrial organizations, and which
may affect the results of the responding work to the case;

(4)

The investigation organ implements discriminatory policies or investigation methods to the enterprises of China; and

(5)

Any other important case needs to consult.

Article 17

The local competent commercial departments shall do a good job in the statistical work concerning the information of the anti-dumping
cases which the local enterprises are involved in, establish an information reporting system, and evaluate the effects of the anti-dumping
of foreign countries against their local export trade; and regularly organize the trainings on the legal knowledge about anti-dumping,
institute the policies and measures which can promote the responding work to anti-dumping cases in accordance with the actual situation
of its own region; and coordinate the responding work to action by the enterprises involved within its own jurisdiction upon the
request of the industrial organization.

Article 18

All the embassies (consulates) abroad and economic and commercial counselor’s offices (rooms) shall timely follow up and collect
the information about the revision of anti-dumping laws of foreign countries, the anti-dumping case placed on file or review developments
as well as other relevant information.

Article 19

The Ministry of Commerce shall be responsible for the interpretation of the present Provisions.

Article 20

The present Provisions shall enter into force as of August 14, 2006. The Provisions on Responding to Anti-dumping Actions of Export
Products (Wai Jing Mao Bu Ling [2001] No.5) shall be simultaneously abolished.



 
The Ministry of Commerce
2006-07-14

 






SOME PROVISIONS OF THE SUPREME PEOPLE’S COURT ON THE SERVICE OF JUDICIAL DOCUMENTS OF FOREIGN-RELATED CIVIL OR COMMERCIAL CASES

Some Provisions of the Supreme People’s Court on the Service of Judicial Documents of Foreign-related Civil or Commercial Cases

Fa Shi [2006] No. 5

(Adopted at the 1394th meeting of the Judicial Committee of the Supreme People’s Court on July 17th, 2006)

In order to regulate the service of judicial documents of foreign-related civil or commercial cases, the present Provisions are formulated
according to the provisions of the Civil Procedure Law of the People’s Republic of China (hereinafter referred to as Civil Procedure
Law) and in combination with trial practices.

Article 1

Where the people’s court hears foreign-related civil or commercial cases and serves judicial documents to the addressee who has no
domicile within the territory of the People’s Republic of China, the present Provisions shall be applicable.

Article 2

The term “judicial documents” which is mentioned in the present Provisions shall refer to the duplicates of the bills of complaint,
duplicates of appeals, duplicates of counterclaims, duplicates of pleadings, authorizations, summons, judgments, intermediation documents,
ruling documents, orders of payment, written decisions, notices, certificates, receipts of service and other judicial documents.

Article 3

Where the addressee is a natural person, legal representative or major principal of an enterprise or any other organization within
the territory of the People’s Republic of China, the people’s court may serve the judicial documents to the natural person or the
legal representative or major principal.

Article 4

Except that the addressee definitely indicates in the authorization that its litigation agent has no right to receive judicial documents
on its behalf, the litigation agent entrusted by the addressee shall be the litigation agent who is enpost_titled to receive judicial
documents on the addressee’s behalf which is prescribed in Item 4 of Article 247 of the Civil Procedure Law, and the people’s court
may serve judicial documents to the litigation agent.

Article 5

Where serving judicial documents to the addressee, the people’s court may serve to the representative agency established within the
territory of the People’s Republic of China by the addressee

Where the addressee has any branch office or business agent within the territory of the People’s Republic of China, the people’s court
may, upon the authorization of the addressee, serve judicial documents to the branch office or the business agent.

Article 6

Where serving judicial documents to the addressee without domicile within the territory of the People’s Republic of China, if any
judicial assistance agreement has been concluded between the country in which the addressee locates and the People’s Republic of
China, the people’s court may serve in the ways as specified in the judicial assistance agreement; if the country in which the addressee
locates is a member country of the Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil and Commercial
Matters,, the people’s court may serve in the ways as specified in the Convention.

Where the country in which the addressee locates has concluded any judicial assistance agreement with the People’s Republic of China,
and is also a member country of the Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil and Commercial
Matters, the people’s court may perform according to the provisions of the judicial assistance agreement.

Article 7

Where the judicial documents are served according to any judicial assistance agreement or the Convention on the Service Abroad of
Judicial and Extra-judicial Documents in Civil and Commercial Matters, or through diplomatic ways, if no certificate on the receipt
of service is received upon the expiration of six months since the date when the competent department of China forwards the judicial
documents to the competent department of the country in which the addressee locates, and it can’t confirm the successful service
according to various circumstances, it shall be deemed as that the documents can not be served in this way.

Article 8

Where the country in which the addressee locates permits service by post, the people’s court may serve through post.

When serving by post, the receipt of service shall be attached. In case the addressee does not sign on the receipt of the service
but sign on the receipt of the mail, it shall be deemed as that the judicial documents have been served, and the date of receipt
signed by the addressee shall be regarded as the date of service.

Where no certificate on the receipt of service is received upon the expiration of six months since the date of post, and it can’t
confirm the successful service according to various circumstances, it shall be deemed as that the documents could not be served by
post.

Article 9

Where the people’s court serves judicial documents by the way of public announcement prescribed in Item 7 of Article 247 of the
Civil Procedure Law, the content of the announcement shall be published at the newspapers and periodicals which are publicly circulated
both at home and abroad.

Article 10

Besides the above-mentioned ways of service as prescribed in the present Provisions, the people’s court may serve upon the addressee
by fax, e-mail and other appropriate ways by which the receipt may be confirmed.

Article 11

Besides the way of public announcement, the people’s court may simultaneously adopt many ways to serve, while the date of service
shall be determined according to the first way in which the service is achieved.

Article 12

Where the people’s court serves judicial documents to the addressee’s legal representative, major principal, litigation agent, representative
agency or branch office or business agent that is enpost_titled to receive service, which is within the territory of the People’s Republic
of China, the way of service by leaving it at the addressee’s place may be applicable.

Article 13

Where the addressee does not perform the signing procedure in the judicial documents served by the people’s court, if there is any
of the following circumstances, the service shall be deemed as successful:

1.

The addressee has mentioned the content of the served judicial documents in written form to the people’s court;

2.

The addressee has performed according to the content of the served judicial documents;

3.

Other circumstances under which the service can be deemed as successful.

Article 14

Where it is necessary to forward the judicial documents served by the people’s court through the superior people’s court according
to relevant provisions, the application form for forwarding shall be attached.

The superior people’s court shall, within 7 workdays, forward the judicial documents after the receipt of judicial documents that
are applied to be forwarded by the lower-class people’s court.

Where the superior people’s court deems that the judicial documents applied to be forwarded by the lower-class people’s court do not
comply with relevant provisions and need to be supplemented or corrected, it shall send them back to the people’s court that files
the application for forwarding within 7 workdays.

Article 15

Where it is necessary to provide the translated versions of the judicial documents according to the relevant provision when served
by the people’s court, the people’s court that has accepted the case shall entrust a translation institution within the territory
of the People’s Republic of China to have them translated.

The translated version shall not be affixed with the seal of the people’s court, but shall be signed by or affixed with the seal of
the translation institution or the translator to prove the consistency between the translated text and the original text.

Article 16

The present Provisions shall come into force as of the date of its promulgation.



 
Supreme People’s Court
2006-07-17

 






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...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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