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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

 






THE REGULATIONS CONCERNING THE EXAMINATION ON THE EXECUTION OF STATISTICS LAW

Order of the National Bureau of Statistics of the People’s Republic of China

No. 9

The Regulations concerning the Examination on the Execution of Statistics Law , which were amended and adopted at the 8th executive
meeting of the National Bureau of the Statistics of China on July 12,2006, are hereby promulgated and shall come into force upon
promulgation.
Commissioner Qiu Xiaohua

July 17,2006

The Regulations concerning the Examination on the Execution of Statistics Law

(Formulated by the National Bureau of Statistics of China on June 20, 2001, and amended by the National Bureau of Statistics of China
on July 12, 2006)

Chapter I General Provisions

Article 1

In order to scientifically and effectively organize the examination on the execution of statistics law, safeguard the implementation
of the Statistics Law and the statistics system, and maintain and enhance the quality of statistical data, the present Regulations
are formulated in accordance with the Statistics Law of the People’s Republic of China and the detailed rules for its implementation

Article 2

The statistical institutions of the people’s governments at the county level or above and the investigation teams at all levels as
assigned by the National Bureau of Statistics of China shall be the organs of the examination on the execution of statistics law,
and be responsible for the supervision and inspection over the implementation of the Statistics Law and the statistics system as
well as the investigation and punishment over the acts against the Statistics Law or the statistics system according to laws.

The statistical institutions of the people’s governments at the county level or above and the investigation teams at all levels as
assigned by the National Bureau of Statistics of China shall divide their work and coordinate with each other, intensify their communication
and avoid repeated examinations.

Article 3

Each relevant department of the people’s government at the county level or above shall, under the organization and guidance of the
statistical institution of the people’s government at the corresponding level, be responsible for the supervision and inspection
over the implementation of the Statistics Law and the statistics system within its jurisdictional system, and assist the statistical
institution of the people’s government at the corresponding level to investigate and punish the acts of illegal statistics within
its own jurisdictional system.

Article 4

The organs for the examination on the execution of statistics law at all levels shall establish an liability system for administrative
execution of law, and practically safeguard necessary work conditions for the examination on the execution of statistics law such
as the personnel, outlay and so on.

Article 5

The guidelines that “the laws must be fully observed and strictly enforced, and law-breakers must be prosecuted” shall be implemented,
the principle of combining precaution, investigation and punishment, and rectification as well as combining penalty and education,
and the principles of legality, equity, openness and efficiency shall be insisted in the examination on the execution of statistics
law.

Article 6

The organs for the examination on the execution of statistics law at all levels shall encourage the social supervision over the implementation
of the Statistics Law. The National Bureau of Statistics of China shall set up a reporting center to accept reports on statistical
illegal acts from all circles of the society.

Chapter II Organs for the examination on the execution of statistics law and the Inspectors

Article 7

The Legal Affairs Organ of the National Bureau of Statistics shall be in charge of the uniform organization and administration of
the examination on the execution of statistics law throughout the country.

The organ for the examination on the execution of statistics law at the provincial level or the districted city level shall mount
a special organ for the examination on the execution of statistics law and equipped with professional inspectors.

The organ for the examination on the execution of statistics law at the county level may, pursuant to the demand of work, mount a
special organ for the examination on the execution of statistics law, or be equipped with necessary inspectors if it does not have
such a organ.

All relevant departments of the people’s government at the county level or above may be equipped with inspectors pursuant to the demand
of the work.

Article 8

The main responsibilities of an organ for the examination on the execution of statistics law shall be:

(1)

to propagandize and implement the Statistics Law;

(2)

to organize, guide, supervise and administrate the examination on the execution of statistics law;

(3)

to accept reports on illegal statistics , investigate, transfer and supervise the transaction of cases of illegal statistics;

(4)

to transact matters on statistical administrative reconsiderations and administrative litigation; and

(5)

to perform other duties as endowed by the laws, regulations and rules.

Article 9

An inspector for the examination on the execution of statistics law shall possess the following qualifications:

(1)

sticking to principles, being decent, being loyal for his duties and abiding by disciplines and laws;

(2)

having a junior college diploma or above;

(3)

having the relevant legal knowledge and being familiar with the statistical business; and

(4)

having participated in the qualification training of inspectors for the examination on the execution of statistics law, and having
passed the examination and got a certificate of inspector for the examination on the execution of statistics law

Article 10

The qualification training and examination of inspectors for the examination on the execution of statistics law shall be planned,
organized and administrated uniformly by the National Bureau of Statistics of China, and be implemented by the provincial organ for
the examination on the execution of statistics law.

Article 11

The organs for the examination on the execution of statistics law at all levels shall strengthen the professional moral education
and professional skill trainings to its inspectors for the examination on the execution of statistics law, and shall improve the
system of management, examinations, rewards and punishment.

Chapter III General Provisions for the examination on the execution of statistics law

Article 12

The organs for the examination on the execution of statistics law and the relevant departments at all levels shall establish the
system of the examination on the execution of statistics law, and conduct regular work of the examination on the execution of statistics
law by comprehensively adopting ways of overall inspection, special inspection and emphases inspection and so on.

Article 13

The matters about the examination on the execution of statistics law shall include:

(1)

Whether there is any acts that infringement upon the independent exercises of authorities of statistical survey, statistical reports
and statistical supervision by statistical organs and personnel;

(2)

Whether there is any acts of altering statistical data which violate legal procedures or statistical system;

(3)

Whether there is any acts of false reporting,, deceptive reporting, forgery ,alteration, refusing to report or delaying of reports
of statistical materials;

(4)

Whether a statistical institution has been established, or the statistical personnel have been equipped with in accordance with the
law;

(5)

Whether the original records and statistical ledgers are set up;

(6)

Whether the statistical personnel have a statistical practitioner qualification;

(7)

Whether a statistical investigation project has been reported for approval in accordance with the legal procedures, and whether a
legal identifier is marked on the top right corner of a statistical investigation form;

(8)

Whether the investigation is conducted strictly according to the approved statistical investigation scheme, and whether the content,
target or time of the investigation has been altered at will;

(9)

Whether the management and publication of statistical materials accord with the related provisions, and whether there are any acts
by which the state secrets, business secrets of objects under statistical surveys or the monomial investigation materials of individuals=
or families are divulged;

(10)

Whether a foreign-related survey is conducted in accordance with law; and

(11)

Other matters as stipulated by laws, regulations and rules.

Article 14

An organ for the examination on the execution of statistics law shall draft the examination plans which shall include the basis,
time, objects, contents and organizational form of the examination before organizing the implementation of a examination on the execution
of statistics law.

With respect to those entities that are found with suspicion of illegal statistics , a same organ for the examination on the execution
of statistics law shall not implement examination on the execution of statistics law to any of them more than once every year.

Article 15

To conduct a examination on the execution of statistics law, the object under examination shall be noticed in advance, informing
it of the name of the organ for the examination on the execution of statistics law, the basis, scope, contents, methods and time
of the examination, as well as the concrete requirements to the said object, etc.

With respect to an examination implemented to a unit being suspected of any illegal statistics, the examination notice can be issued
at a proper time as considered by the organ for the examination on the execution of statistics law.

Article 16

When conducting any examination on the execution of statistics law ,an inspector shall, first produce his certificate of the examination
on the execution of statistics law or any other certificate of execution of law as prescribed by the laws, regulations or rules to
the object under statistical examination.

The relevant unit or individual has the right to refuse the examination if he fails to produce a legitimate certificate of execution
of law.

Certificates of the examination on the execution of statistics law shall be the valid certificates for the implementation of the examination
on the execution of statistics law which shall be printed uniformly by the National Bureau of Statistics of China and be issued upon
verification by the National Bureau of Statistics of China and the provincial organs for the examination on the execution of statistics
law

Article 17

The organs and inspectors for the examination on the execution of statistics law shall have the following authorities:

(1)

sending out statistical examination inquiry letters according to law, inquiring those under statistical examination on relevant items;

(2)

requiring those under statistical examination to provide original records and vouchers, statistical ledgers, statistical investigation
forms, accounting materials and other related certificates and materials concerning the matters under statistical examination; and
checking related materials by entering into the data entry and handling system subject to the electronic computer management of those
under statistical examination;

(3)

entering into the operation sites and places for storing goods of those under statistical examination to conduct on-site examinations
and verifications;

(4)

upon approval of the principal of the organ for the examination on the execution of statistics law ,registering and keeping original
records and vouchers, statistical ledgers, statistical investigation forms, accounting statements and other related certificates
and materials of those under statistical examination;

(5)

inquiring statisticians, principals and relevant persons of the matters concerned with the examination on the execution of statistics
law;

(6)

recording and reproducing the information and materials about the cases of illegal statistics ; and

(7)

requiring those under statistical examination to send related materials to a designated place for examination.

Article 18

The organs and inspectors for the examination on the execution of statistics law have obligations to keep confidential the business
secrets of those under statistical examination as well as the monomial investigation materials of individuals or families they have
got to know during the course of examination.

Article 19

Those under examination and the persons involved thereof shall not refuse to provide the relevant information, shall not provide
any false information, shall not stimy or dispute the examination by means of violence or menace, and shall reply faithfully to any
statistical examination inquiry letter on schedule.

Article 20

An inspector shall timely submit an examination report to the organ for the examination on the execution of statistics law, and advance
handling opinions or suggestions for problems as found in the examination.

The organ for the examination on the execution of statistics law shall handle acts of illegal statistics as found respectively in
light of the following circumstances:

(1)

In case of a slight act of illegal statistics, the examinee shall be order to make correction or put forward opinions on the examination
on the execution of statistics law; or

(2)

In case of a act of illegal statistics which needs to be put on record for investigation and handling, it shall transact it in accordance
with the legal procedures.

Chapter IV Investigation and Handling of Cases concerning Illegal Statistics.

Article 21

Cases concerning illegal statistics shall be investigated and handled by the organs for the examination on the execution of statistics
law at all levels.

The organs for the examination on the execution of statistics law at all levels may entrust a team (room or office, etc) for the examination
on the execution of statistics law which is lawfully established to investigate and handle the illegal statistics cases of illegal
statistics.

Article 22

The cases of illegal statistics of the missionaries of the organs for the examination on the execution of statistics law at all levels
or their subordinate public institutions shall be investigated and handled by the said organs or the supervisory organ according
to the purview of cadre management.

Article 23

In the examination on the execution of statistics law if any case of illegal statistics is found by any relevant department of the
people’s government at the country level or above illegal statistics and is considered that an administrative penalty shall be given,
it shall timely be transferred to the statistical organ of the people’s government at the corresponding level for handling.

Article 24

In the investigation and handling of cases concerning illegal statistics,, the facts shall be clarified, evidences be conclusive,
the nature be accurately determined, disposal be apt, the laws be correctly applied and the legal procedures be observed.

Article 25

The general procedures for investigation and handling of cases concerned with illegal statistics shall be: the case filing, investigation,
punishment and case settlement.

Any cases concerned with illegal statistics that are found and clearly investigated during the course of the examination on the execution
of statistics law and need to be put on record for investigation and handling, shall be put on record for makeup.

Article 26

If a case of illegal statistics accord with Article 33 of the Law of the People’s Republic of China on Administrative Penalty, and
the facts concerned with illegal statistics are conclusive and have legal basis, an administrative punishment of a fine of not more
than 50 Yuan shall be imposed on a citizen or of not more than 1,000 yuan on a legal person or any other organization, or a warning
shall be imposed, the simple punishment procedures can be applied, and a statistical administrative penalty decision shall be made
on the spot.

Article 27

The following acts of illegal statistics shall be investigated and handled by the organs for the examination on the execution of
statistics law according to laws:

(1)

The leader of a region, department or unit alters any of the statistical materials on his own fabricates any false data or forces
or instigates the statistical organ or statisticians to alter any statistical materials or fabricate any false data;

(2)

The leader of a region, department or entity take revenge against any statistician;

(3)

Any statistical institution or statistician participates in the alteration of any statistical materials or fabrication of any false
data;

(4)

Reporting falsely or deceptively, forging or altering any statistic materials;

(5)

Refusing to report statistical materials, or repeatedly delaying the reporting of any statistical materials;

(6)

Providing untrue or incomplete census materials;

(7)

Refusing to provide the information, providing false information, transferring, hiding or destroying original records, statistical
ledgers, statistical statements or other materials related to statistics when they are subject to a examination on the execution
of statistics law;

(8)

Stimy or dispute the examination on the execution of statistics law by means of violence or menace;

(9)

Any state organ formulates or issues statistical investigation forms without authorization;

(10)

Divulging state secret, business secrets of those under statistical surveys, or monomial investigation materials of individuals or
families by way of violating the provisions of Statistics Law or the statistics system;

(11)

Making use of statistical investigations to steal state secrets, damage social public interests or conduct activities of frauds;

(12)

By violating the Measures for Qualification Accreditation of Statistical Practitioners ,employing or hiring any person that has not
obtained a qualification certificate for statistical practitioner to engage in the statistical work;

(13)

Illegally conducting foreign-related surveys .; or

(14)

other illegal acts as prescribed by laws, regulations or rules.

Article 28

The statistical institution of the people’s government at the county level or above shall govern the illegal statistics cases occurred
within its own administrative religion of those cases, the investigation teams at all levels as assigned by the National Bureau of
Statistics of China govern those occur in the statistical surveys as organized and implemented by the said investigation teams.

The National Bureau of Statistics of China shall govern those illegal statistics cases that have significant effects within the whole
country or that be deemed to be investigated by it.

Article 29

A survey shall be timely organized for those cases that have been determined to be filed for investigation and handling. There shall
be two investigators or more for a common case, and for a significant case, a survey team shall be constituted.

Those investigators shall collect evidences lawfully, objectively and comprehensively, and shall not make subjective judgments, listen
to or believe partial words, or alter or forge evidences.

Article 30

The investigators shall report the investigation conditions and handling opinions to the leader for examination and approval after
finishing the investigation. The handling of a significant case shall be discussed collectively and determined by the principals
of an organ for the examination on the execution of statistics law.

Article 31

Upon the termination of the trial of a case concerned with illegal statistics, the case shall be respectively handled in light of
the following conditions:

(1)

The case shall be revoked at once if there are insufficient evidences to prove the violation of statistics laws, regulations or rules,
or if the violation fact is a slight one, and the offender shall not bear legal liabilities,;

(2)

The case shall be handled by the organ for the examination on the execution of statistics law according to laws if the facts are clear
and the evidences are sufficient concerning the violation of statistics laws, regulations or rules , and no crime is constituted
yet, ; or

(3)

The case shall be transferred to the judicial organ to run criminal liabilities according to laws if the violation of the Statistics
Law constitutes a crime,.

Article 32

Before an organ for the examination on the execution of statistics law makes a statistical administrative penalty decision, it shall
inform the relevant parties of the facts, reasons and basis for the penalty as well as the administrative penalty decision to be
made, and the rights they enjoy according to laws.

Article 33

Before an organ for the examination on the execution of statistics law imposes a fine of 20,000 Yuan or more on a legal person or
any other organization, or a fine of 2,000 Yuan or more on a citizen, it shall inform the parties involved of their right to request
for holding a hearing. If any party involved requires a hearing, the organ for the examination on the execution of statistics law
shall organize a hearing in light of law.

If any party involved requires a hearing for any cases of illegal statistics as investigated by the statistical organ of the people’s
government at the county level or above, and if there are concrete provisions about the amount limit of a comparative lager fine
by the people’s congress or the people’s government of the province, autonomous region or municipality directly under the Central
Government, such provisions shall prevail.

Article 34

The handling of cases of illegal statistics which have been put on the case files for investigation and handling shall be finished
within three months after they are put on record. If it is necessary to prolong the time limit for handling because of any special
circumstance, the prolonging shall be reported for approval in accordance with the provisions, but the prolonging time shall be or
less than three months.

The case is completed after the handling decision of a case concerned with illegal statistics is executed.

Chapter V Archival Filing and Reporting

Article 35

After being put on record ,the following cases concerned with illegal statistics shall be reported to the organ for the examination
on the execution of statistics law at the next higher level within ten days:

(1)

The persons who shall be responsible for illegal statistics involve leaders or cadres of the Party or the government above the section-chief
level;

(2)

Retaliating against any statistician who refuses or resists to alter statistical materials or forge false data;

(3)

Stimying or disputing the examination on the execution of statistics law by means of violence or menace;

(4)

A case that is reported by the mass through collective signature or reported publicly by the news media and has caused large effects
in the society; or

(5)

Any other case the examination organ holds it necessary to report.

Article 36

Any of the following cases concerned with illegal statistics shall within ten days upon finalization of the case, be reported to
the organ of the examination on the execution of statistics law at the next higher level for archival filing:

(1)

Imposing an administrative sanction on a leader or cadre of the Party or the government;

(2)

Holding a hearing;

(3)

Altering or canceling a specific statistical administrative act upon reconsideration;

(4)

A case of statistical administrative lawsuit;

(5)

A case that has been exposed by the news media;

(6)

a fine of 30,000 yuan or more having been Imposed; or

(7)

Any kind of cases that are reported to the organ of the examination on the execution of statistics law at the next higher level after
the case is put on record.

The cases as mentioned in Items (1), (3) and (4) of the preceding Paragraph shall, within 30 days after the said cases are settled,
be reported to the National Bureau of Statistics of China for archival filing by the provincial organ of the examination on the execution
of statistics law .

Article 37

Regular statistical system for investigating and handling the cases concerned with illegal statistics shall be established by The
National Bureau of Statistics of China illegal statistics.

An organ of the examination on the execution of statistics law shall periodically report the information on the examination on the
execution of statistics law as well as the investigation and handling of illegal statistics to the organ of the examination on the
execution of statistics law at the next higher level.

Chapter VI Legal Liabilities

Article 38

If any unit or individual commits any of the following acts, the organ of the examination on the execution of statistics law shall
order it or him to make corrections, circulate a notice of criticism, and can impose, or request the relevant organ to impose, an
administrative sanction on the principal and other persons who shall directly bear the responsibility; if any unit or individual
violates the Law of the People’s Republic of China on Public Security-Related Administrative Punishments, an administrative sanction
shall be imposed by the public security organ; and any unit or individual which is a suspect of a crime shall be transferred to the
judicial organ for criminal liabilities:

(1)

when subject to an examination on the execution of statistics law , refusing to provide any information, providing false information,
transferring, hiding or destroying any original records, statistical ledgers, statistical statements as well as other materials related
to statistics;

(2)

Stimying or disputing the examination on the execution of statistics law by means of violence or menace; or

(3)

Failing to reply to a statistical examination inquiry letter faithfully and timely.

If an enterprise or institution commits any illegal act as prescribed in the preceding paragraph, the organ of the examination on
the execution of statistics law shall, in light of the provisions in the Detailed Rules for the Implementation of the Statistics
Law of the People’s Republic of China, give a warning to it and can impose a fine of 50,000 Yuan or less upon it If an self-employed
household commits any illegal act as prescribed in the preceding Paragraph, the organ of the examination on the execution of statistics
law shall give it a warning, and can impose a fine of 10,000 Yuan or lesson it.

Article 39

The examination on the execution of statistics law organ shall circulate a notice of criticism, and can request the administrative
department or the supervisory organ to impose an administrative sanction on him if the leader of a region, department or unit or
any other person to be responsible commits any of the following acts; any statistics law enforcement examination ; and he shall be
transferred to the judicial organ for criminal liabilities if he is a suspect of a crime.:

(1)

Refusing to accept any examination on the execution of statistics law or failing to organize a examination on the execution of statistics
law in accordance with provisions, which caused the important statistical data of his region, department or unit to be inconsistent
with the facts ;

(2)

Retaliating against any entity or individual that resists or reports illegal statistics; or

(3)

Screening or conniving at any illegal statistics.

Article 40

If an organ of the examination on the execution of statistics law commits any of the following acts, the principal and other persons
to be directly responsible shall be criticized and educated by the administrative department or the supervisory organ , and shall
be imposed on administrative sanctions if the circumstances are serious; or shall be transferred to the judicial organ for criminal
liability if it is suspected that any crime has been committed:

(1)

Concealing and failing to report any case, refusing to investigate any case, or screening or conniving at any illegal statistics;

(2)

Failing to handle public affairs in light of legal authority , procedures and requirements, which causes unfavorable effects;

(3)

Divulging the reporter or the details of a case by violating the provisions on confidentiality;

(4)

Abusing official capacity or doing self-seeking misconducts; or

(5)

Any other act against law or discipline.

The personnel for the examination on the execution of statistics law who divulges business secrets of those under statistical surveys,
or monomial investigation data of individual or family that he has access to during the course of examination, which causes damages
shall be given administrative sanction, and shall bear civil liabilities according to law.

Chapter VII Supplementary Provisions

Article 41

The National Bureau of Statistics of China has the power to interpret the present Provisions.

Article 42

The present Provisions shall go into force upon promulgation. The Interim Provisions on the Examination of Statistics Laws and the
Interim Provisions on the Investigation and Handling of Illegal Statistics shall be abolished simultaneously.



 
National Bureau of Statistics of China
2006-07-17

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON REGULATING THE CRITERION FOR THE PRE-INCOME-TAX DEDUCTION OF ADVERTISEMENT DISBURSEMENTS OF CLOTHES PRODUCTION ENTERPRISES

Circular of the State Administration of Taxation on Regulating the Criterion for the Pre-income-tax Deduction of Advertisement Disbursements
of Clothes Production Enterprises

Guo Shui Fa [2006] No. 107

The state taxation bureaus and local taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central
Government, and city specifically designated in the state plan,

The Circular of the State Administration of Taxation on the Follow-up Management of the Enterprise Income Tax Inspection and Approval
Items Which Have Been Canceled or Shifted to the Lower Level Tax Agencies for Management (Guo Shui Fa [2004] No. 82) prescribes that
“It shall be separately stipulated by the State Administration of Taxation under the actual conditions, if it is really necessary
to increase the rate of deduction of advertisement disbursements in a special sector”, the matters concerning the criterion for the
pre-income-tax deduction of advertisement disbursements of clothes production enterprises are hereby promulgated as follows :

As of January 1, 2006, a clothes production enterprise may, in each tax year, deduct the actual advertisement disbursements that satisfy
the circumstances as described in Article 41 of the Measures for Pre-tax Deduction Concerning the Enterprise Income Tax (Guo Shui
Fa [2000] No.84), at a rate of 8 percent of the sales (business) revenue, the excessive portion may be carried down to the subsequent
years without any limit.

The taxation departments at all levels shall strictly examine the genuineness and rationality of the advertisement disbursements of
clothes enterprises in accordance with relevant provisions of the State Administration of Taxation, and shall carry out the aforesaid
policy when the enterprises pay the enterprise income tax in advance on a monthly or quarterly basis in the current year.

The State Administration of Taxation

July 19, 2006



 
the State Administration of Taxation
2006-07-19

 






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

 






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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