Home Divorce

Divorce

CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE (SAFE) AND THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION (MOFTEC) ON ADJUSTING EXAMINATION INDICATORS FOR COLLECTION OF EXPORT PROCEEDS

The State Administration of Foreign Exchange, the Ministry of Foreign Trade and Economic Cooperation

Circular of the State Administration of Foreign Exchange (SAFE) and the Ministry of Foreign Trade and Economic Cooperation (MOFTEC)
on Adjusting Examination Indicators for Collection of Export Proceeds

HuiFa [2002] No.18

February 8, 2002

SAFE branches and exchange administration offices in all provinces, autonomous regions, and municipalities directly under the Central
Government, and SAFE branches in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo; Commissions (departments, bureaus) of foreign trade
and economic cooperation in all provinces, autonomous regions, municipalities directly under the Central Government and municipalities
separately listed on the State plan:

With the improvement of supervisory technology and the promulgation of policies encouraging export, the SAFE has abolished the limitation
on the validity period of the paper of export proceeds verification (hereinafter referred to as the verification paper). Accordingly
related examination indicators mentioned in the Circular on Distributing Proposed Methods for the Examination of Collection of Export
Proceeds (HuiFa [1999] No.103) promulgated jointly by the SAFE and the MOFTEC in March 1999 shall be adjusted. A circular on related
issues is given hereunder:

1.

Delivery rate of the verification paper as an essential condition in rating the collection of export proceeds by enterprises shall
be nullified, and the rate of export proceeds collection shall be the only indicator for the examination.

2.

The 2001 examination of export proceeds collection shall be conducted using the new indicator.

3.

This circular shall be transmitted to the sub-branches under your jurisdiction and to the departments in charge of foreign trade and
economic cooperation as well as all importers and exporters.



 
The State Administration of Foreign Exchange, the Ministry of Foreign Trade and Economic Cooperation
2002-02-08

 







LIST OF THE FOURTH BATCH OF DEPARTMENTAL DECISIONS ABOLISHED OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION






The Ministry of Foreign Trade and Economic Cooperation

Order of the Ministry of Foreign Trade and Economic Cooperation

No.24

In order to adapt to the new situation of our country’s opening to the outside world, to further establish and improve the legal system
of the socialist market economy, to earnestly perform the promises of our country’s entry to the WTO, to accelerate the transformation
of the functions of the government and to improve the level of administration according to law, the Ministry of the Foreign Trade
and Economic Cooperation has fully screened the existing departmental regulations. And after the screening, the MOFTEC has decided
on: the list of the fourth batch of 26 departmental decisions abolished.(see Attachment)

Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guansheng

March 21, 2002

List of the Fourth Batch of Departmental Decisions Abolished of the Ministry of Foreign Trade and Economic Cooperation htm/e02835.htm￿￿￿/post_title>

￿￿

￿￿

Attachment:

The list of the fourth batch of 26 departmental decisions abolished

￿￿

Order 

 Document Name

Department of Promulgation

Date of Promulgation

1

Detailed Rules for the Implementation of the Administration of the Technology Import Contractsof the People￿￿s Republic of
China

MOFTEC

1987

2

Notice of the Ministry of Foreign Trade and Economic Cooperation and the Ministry of Scienceand Technology on Printing
and Distributing the Measures for the Administration of the Technologies Limited from Export

MOFTEC Ministry of Science and Technology

1988

3

Notice of the Ministry of Foreign Trade and Economic Cooperation on Changing the Table of the Explanation of Ultimate
Use

MOFTEC

1996

4

Notice of the State Bureau of Construction Material Industry and the Ministry of Foreign Trade and Economic
Cooperation on Strengthening the Administration of the Export of Concrete Production and Equipment Technologies  

State Bureau of Construction Material Industry Ministry of Science and Technology 

1990

5

Notice of the Ministry of Foreign Trade and Economic Cooperation on the Execution of the Relevant Provisions
of the Notice on the Relevant Issues of Strengthening the Administration on the Sales and Payment of Foreign
Exchange for Import of Intangible Assets 

 MOFTEC

2001

6

Supplementary Notice on Strengthening the Administration of Technology Import Contracts and Sales and Payment
of Foreign Exchange 

MOFTEC State Administration of Foreign Exchange

2001

7

Notice of the Ministry of Foreign Trade and Economic Cooperation on Explaining Article 71 of the Regulations on the
Implementation of the Law of the People￿￿s Republic of China on Chinese-foreign Joint Ventures

MOFTEC 

1985

8

Notice of the Ministry of Foreign Trade and Economic Cooperation on Explaining Article 74 of the Regulations
on the Implementation of the Law of the People￿￿s Republic of China on Chinese-foreign Joint Ventures 

MOFTEC 

1985

9

Notice on Strengthening the Administration of the Labor Cooperation Carried out in Singapore by Chinese Companies 

MOFTEC 

1996

10

Letter on Strictly Executing the Provisions of the Compensation Committee of the United Nations on the Distribution
of Reparations 

MOFTEC

1997

11

Notice on the Relevant Matters Concerning Strengthening the Administration of Production and Export of Vitamin C

 MOFTEC State Administration of Medicine 

1997

12

Notice on the Supplementary Provisions of the Notice on the Relevant Matters Concerning Strengthening the
Administration of Production and Export of Vitamin C 

MOFTEC State Administration of Medicine 

1998

13

Notice on the Relevant Issues Concerning the Honey Export to America

MOFTEC

2001

14

Measures for the Administration of the Quotas of the Industrial Products Exported to the European Union (Interim)
MOFTEC 

MOFTEC 

1999

15

Notice on the Relevant Supplementary Provisions of the Measures for the Administration of the Quotas of the Industrial
Products Exported to the European Union (Interim)

 MOFTEC 

2000

16

Notice on Several Matters Concerning Encouraging the Enterprises to Make Good Use of the Quotas 

MOFTEC 

1999

17

 Notice on the Relevant Matters Concerning the Use of Quotas of Textiles Subject to License of Freely Applied Total
Amount by Foreign-funded Enterprises  

MOFTEC

1999

18

 Notice on the Relevant Matters Concerning the Free Application for Quotas of Textiles of 2001

MOFTEC

2000

19

Notice of the Ministry of Foreign Trade and Economic Cooperation on the Cancellation of the Quotas of 6 Categories
(Men￿￿s Shirts with Sewed Collars) of Textiles by Canada 

MOFTEC 

1997

20

 Notice on the Relevant Matters Concerning Adopting the Freely Applied Visa of Limited Total Number to the Categories
of Textiles not in Bad Need 

MOFTEC 

1998

21

Notice on the Relevant Matters Concerning Strengthening the Administration of Quotas of the Textiles Subject
to the Freely Applied License of Limited Total Number 

MOFTEC

1999

22

 Notice on the Exhibition Organization by the Guaranteed Stands of the Chinese Export Commodities Fair 

MOFTEC 

1998

23

 Notice on Printing and Distributing the Relevant Materials of the Agency Agreement on Frozen Meat Fowls Supplied
to Hong Kong and Macao (Sample) 

MOFTEC 

1996

24

 Notice on Revising the Relevant Measures for Trade with Taiwan Province

 MOFTEC

1998

25

Notice on Opening the Import Management Power in Trade with Taiwan  

MOFTEC

1998

26

Notice on Printing and Distributing the Interim Provisions on the Procedures for Going Abroad of Labors Sent
Abroad 

MOFTEC Ministry of Public Security Ministry of Foreign Affaires 

1997




CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON ISSUES RELATED TO THE PROPER DISPOSAL OF EXISTING PROJECTS WITH GUARANTEED FIXED RETURNS FOR FOREIGN INVESTORS

The General Office of the State Council

Circular of the General Office of the State Council on Issues Related to the Proper Disposal of Existing Projects with Guaranteed
Fixed Returns for Foreign Investors

GuoBanFa [2002] No.43

September 10, 2002

The people’s governments in all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries
and commissions of the State Council, and all agencies directly under the State Council:

Since the promulgation of the Circular of the State Council on Strengthening the Administration of Foreign Exchange and External Debt
and Launching Inspection on Foreign Exchange and External Debt (GuoFa [1998] No.31) in September 1998, all the localities have successively
begun to check up and rectify the projects with guaranteed fixed returns for foreign investors (hereinafter referred to as projects
with fixed returns). Over the years, quite a number of projects with fixed returns have been rectified, almost no new project with
fixed returns has come into being, the interests of the State and the lawful rights and interests of investors concerned have been
protected effectively. However, there are still some projects with fixed returns that have not been appropriately dealt with. After
the promulgation of the Circular of the State Council on Further Strengthening and Improving the Administration of Foreign Exchange
Receipt and Payment (GuoFa [2001 ] No.10), all localities have checked the existing projects with fixed returns as required and put
forward recommendations on their disposal.

In order to further regulate the activities of attracting foreign funds, appropriately resolve issues left over from the past, promote
the sound development of foreign funds inflow, with the approval of the State Council, a circular on issues related to the disposal
of projects with fixed returns is given hereunder:

1.

Basic principles for the disposal of the existing projects with fixed returns

The practice of guaranteeing fixed returns for foreign investors does not tally with the principle of sharing interests and risks
between Chinese investors and foreign investors, and violates the provisions of relevant laws and regulations on Chinese and foreign
equity joint venture and Chinese and foreign contractual cooperative enterprise. Under current favorable circumstances of domestic
funds being relatively abundant, financing cost being relatively low, and overall situation for attracting foreign funds being sound,
local governments at all levels shall take strong measures to appropriately dispose of the existing projects with fixed returns.

The basic principles for the disposal of the existing projects with fixed returns are: abiding by the Law on Chinese-foreign Equity
Joint Ventures, the Law on Chinese-foreign Contractual Joint Ventures, and other relevant policies, sticking to the principle of
Chinese and foreign parties enjoying equality and mutual interests and sharing profits and risks, proceeding from benefiting the
normal operation of the projects and the development of local economy, and holding adequate consultation with all parties concerned,
the local government and competent department of projects concerned shall, according to the specific conditions of the projects,
take effective measures to rectify them and safeguard the sound environment for attracting foreign funds.

2.

Various measures to appropriately dispose of different types of projects with fixed returns

According to the above-mentioned principles, different types of projects with fixed returns shall be disposed of in different ways
listed below:

(1)

For a project where the fixed returns on the foreign investor’s investment have been paid with the profits from the project, the Chinese
and foreign parties concerned shall, on the basis of adequate consultation, amend the contracts or agreements, and replace the way
of fixed returns with a lawful way of income distribution such as an advanced recovery of investment.

(2)

For a project where losses have incurred or income has been insufficient, part or the majority of the fixed returns on the foreign
investor’s investment has been paid with funds from outside the project, or original committed returns on investment have not been
paid to the foreign investor, the ways of amendment, purchase, conversion and termination may be adopted in their disposal according
to the specific conditions of the project.

i.

Amendment. The articles of fixed returns in the contract shall be cancelled or amended and the way and proportion of income distribution
for the Chinese and foreign parties re-defined via adequate consultation of all parties concerned. The sources for advanced recovery
of investment or income priority of the foreign investor shall be confined to the disposable operating income and other lawful income
of the project.

In case the fixed returns to the foreign investor have been guaranteed by agreement beyond the contract, or guaranteed or committed
to by local governments, local fiscal authorities, other administrative organs and units, relevant agreements and guarantee documents
shall be disannulled.

ii.

Purchase. After agreement is reached via consultation, with the approval of relevant agencies, the Chinese party may purchase all
of the foreign investor’s stake at a rational price. The implementation of related contracts or agreements shall be terminated; remaining
problems shall be handled properly according to relevant provisions; and the enterprise concerned shall be administered as a Chinese-funded
enterprise after the purchase. Matters involving the purchase of foreign exchange shall be handled by the SAFE office concerned according
to regulations.

iii.

Conversion. For a project with sufficient solvency for or having found an entity to repay its external debt, with agreement reached
among parties concerned via consultation, an application may be filed for the conversion of the original foreign investment into
the Chinese party’s external debt on rational terms. With the joint approval of the SDPC, the MOFTEC and the SAFE, registration of
external debt shall be conducted, and thereafter, foreign exchange purchase and payment shall be made as for external debt service.
The project after the conversion shall be administered as a Chinese-funded enterprise.

iv.

Termination. For an enterprise that has made heavy losses or is unable to continue its operation, or that meets the conditions for
dissolution prescribed in the contract or constitution, with the approval of the relevant competent agency, the implementation of
the cooperative contracts may be terminated according to legal procedure, and liquidation may be proceeded according to relevant
laws and rules.

(3)

Projects of which the anticipated returns on foreign investment are realized exclusively through purchase agreements of electricity
shall not be incorporated into the current rectification of projects with fixed returns, and shall be handled in a proper and step-by-step
manner in the future under the framework of overall plan for the reform of electricity system and related supporting policies.

3.

Close cooperation and strict enforcement of laws and regulations to safeguard the sound environment for attracting foreign funds

The people’s government in the province (autonomous region, municipality directly under the Central Government) where the projects
with fixed returns have not been handled appropriately shall, according to the above-mentioned principles and instructions, take
effective measures to handle the existing projects with fixed returns and finish the rectification before the end of 2002. The administrative
agencies of planning, foreign trade and economic cooperation, foreign exchange, finance and taxation, and industry and commerce at
all levels and designated foreign exchange banks shall actively support this work, go through relevant procedures and appropriately
handle all the specific problems involved in the rectification of the said projects according to relevant laws, regulations and policies.
All the local governments shall make satisfactory explanation to the outside, and conduct adequate consultation with foreign parties
concerned to avoid disputes due to simple method of work, and report in time to the SDPC and the MOFTEC any special case or problem
that can not be resolved through negotiation.

As from January 1,2003, without the approval of the SAFE, the designated foreign exchange banks shall not go through the procedure
of foreign exchange sale and payment for a project with fixed returns whose distributed returns to the foreign investor exceed its
disposable operating income and other lawful incomes.

When actively attracting foreign investment to promote economic development, local governments at all levels shall at the same time
strictly implement relevant laws, regulations, rules and policies so as to safeguard the sound environment for attracting foreign
funds. Henceforth, no entity shall violate the regulations of the State by guaranteeing fixed returns for foreign investors, or borrow
external debt in the name of attracting foreign investment. Once found, the violator shall be given heavier punishment; all the contracts
and agreements signed shall be disannulled, and additionally, responsibilities of relevant persons in charge and person liable shall
be investigated.

 
The General Office of the State Council
2002-09-10

 




CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION AND THE MINISTRY OF CONSTRUCTION CONCERNING CIRCULATING THE RELEVANT PROVISIONS CONCERNING THE HANDLING OF QUALITY AND SAFETY PROBLEMS OF FOREIGN CONTRACTED PROJECTS

The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Construction

Circular of the Ministry of Foreign Trade and Economic Cooperation and the Ministry of Construction Concerning Circulating the Relevant
Provisions Concerning the Handling of Quality and Safety Problems of Foreign Contracted Projects

WaiJingMaoFa [2002] No.500

October 15, 2002

The Department (Commission or Administration) of Foreign Trade and Economic Cooperation and the Department (Commission) of Construction
of all provinces, autonomous regions, centrally governed municipalities and municipalities separately listed on the State plan, the
relevant enterprises under the jurisdiction of the Central Government, all economic and commercial institutions stationed abroad:

With a view to carry out the strategy of “winning through high quality”, enhancing the supervision and administration of the Chinese
enterprises that contract projects abroad, and promoting the healthy development of the cause of foreign contracting projects, the
Ministry of Foreign Trade and Economic Cooperation and the Ministry of Construction have jointly formulated the Relevant Provisions
Concerning the Handling of Quality and Safety Problems of Foreign Contracted Projects (see Attachment) on the basis of relevant statutory
provisions including the Construction Law of the People’s Republic of China and the Foreign Trade Law of the People’s Republic of
China, etc. It is hereby distributed to you. We hope that you will implement it and forward it to other relevant entities. Attachment:Provisions Concerning the Handling of Quality and Safety Problems of Foreign Contracted Projects

Article 1

The present Provisions have been formulated on the basis of relevant laws and administrative regulations including the Construction
Law of the People’s Republic of China and the Foreign Trade Law of the People’s Republic of China, etc. for the purpose of enhancing
the supervision and administration of the enterprises contracting projects abroad and promoting the healthy development of the business
of contracting projects abroad.

Article 2

The term “contracting project” as mentioned in the present Provisions refers to the surveying, designing, construction, quality control
and other engineering service activities conducted abroad by the enterprises within the territory of the People’s Republic of China
and exterritorial enterprises by way of establishing equity joint ventures or cooperation (hereafter “intra-territorial enterprises”).

Article 3

The present Provisions shall apply to the handling of quality and safety problems incurred in the contracting of projects abroad by
intra-territorial enterprises.

Article 4

An enterprise that contracts projects abroad shall have obtained certificates of enterprises qualifications for surveying, designing,
construction and quality control, etc. issued by the administrative departments of construction, and shall have obtained a Qualifications
Certificate for Foreign Economic Cooperative Management as issued by the administrative department of foreign trade and economic
cooperation under the State Council. An enterprise contracting projects abroad shall engage in the contracting of projects abroad
within the scope allowed by its qualification grade and Certificate of Qualifications for Foreign Economic Cooperative Management.

Where an enterprise that has already obtained a Certificate of Qualifications for Foreign Economic Cooperative Management but not
yet obtained a certificate of enterprises qualifications for surveying, designing, construction and quality control shall obtain
corresponding qualification certificates according to relevant provisions concerning the administration of qualifications.

Article 5

The performances and quality and safety situation of the intra-territorial enterprises contracting projects abroad shall form the
content of the enterprise qualification administration in terms of surveying, designing, construction, and quality control, etc.
exercised by the domestic organs.

Article 6

The performances of contracting projects abroad may be used as the performances for the enterprise concerned to apply for the certificate
of enterprise qualifications for surveying, designing, construction, and quality control, etc. and for the annual inspection of qualifications.
An enterprise that declares performances of contracting projects abroad shall submit corresponding declaration materials according
to the provisions concerning the administration of qualifications.

Article 7

Where any of the following quality or safety accidents or serious quality or safety problems occurs in the contracting of projects
abroad, the enterprise that contracts projects abroad shall, within 24 hours as of the accident takes place, report to the economic
and commercial institution under the Chinese embassy (consulate) stationed abroad, and the economic and commercial institution under
the embassy (consulate) stationed abroad shall report to the administrative department of construction under the State Council, and
send a copy to the administrative department of foreign trade and economic cooperation under the State Council:

a.

A quality or safety accident causing one death and more or three serious injuries and more or causing direct economic losses of over
1 million yuan;

b.

Causing other problems of quality or safety by seriously violating the laws or regulations concerning engineering construction and
technology or the coercive standards adopted by the country or region where the project is situated;

c.

Other acts that violate the laws or regulations concerning quality and safety which have brought about bad consequences in the country
or region where the project is situated.

Article 8

In case any serious quality or safety accident or any other serious problem of quality or safety incurs in the contracting of projects
abroad which has brought about abominable effects in the country or region where the project is situated, the administrative department
of foreign trade and economic cooperation under the State Council and the administrative department of construction under the State
Council may organize joint investigation groups to make investigations.

Article 9

With regard to the enterprises that have had quality or safety accidents or any other serious problem of quality or safety in the
process of contracting projects abroad, the administrative department of construction shall deal with them in accordance with the
Provisions Concerning the Qualifications Administration of Construction Enterprises (Order No. 87 of the Ministry of Construction)
and other relevant provisions. The administrative department of foreign trade and economic cooperation shall give them warnings or
dejecting the annual inspection of the Qualifications Certificate for Foreign Economic Cooperative Management thereof according to
the relevant provisions.

Article 10

With regard to the enterprises that conceal the quality or safety accidents or the serious problems of quality or safety in their
contracting of projects abroad, they, apart from being dealt with according to Article 9 of the present Provisions, may not apply
for the promotion of qualifications grade or for adding new qualifications. Neither may they apply for expanding the scope of foreign
economic cooperative management.

Article 11

The administrative departments of foreign trade and economic cooperation and the administrative departments of construction shall
record the serious accidents of quality or safety and the serious problems of quality or safety incurred in the contracting of projects
abroad into the credit files of the enterprises involved, and have them published on the relevant websites.

Article 12

The present Provisions shall apply by reference to the handling of quality and safety problems incurred in the contracting of projects
in the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan Region.

Article 13

The interpretations concerning the present Provisions shall be subject to the joint making of the administrative department of foreign
trade and economic cooperation under the State Council and the administrative department of construction under the State Council.

Article 14

The present Provisions shall enter into force as of December 1, 2002.



 
The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Construction
2002-10-15

 







RULES ON THE HEARING OF INDUSTRY INJURY INVESTIGATION

The State Economic and Trade Commission

Order of the State Economic and Trade Commission, PRC

No.44

The Rules on the Hearing of Industry Injury Investigation, which have been examined and adopted at the executive meeting of the State
Economic and Trade Commission, are hereby promulgated, and shall enter into force on January 15, 2003.

Director of the State Economic and Trade Commission Li Rongrong

December 13, 2002

Rules on the Hearing of Industry Injury Investigation

Article 1

The present rules are formulated in accordance with the Anti-dumping Rules of the People’s Republic of China, the Countervailing Rules
of the People’s Republic of China and the Rules of the People’s Republic of China on Safeguard Measures, and with a view to regulating
the hearing activities on industry injury investigation and maintaining the lawful rights and interests of the parties to a hearing.

Article 2

The present rules shall be applicable to the hearings of industry injury investigation that are held by the State Economic and Trade
Commission (hereinafter referred to as the SETC) during the procedures on investigating anti-dumping and countervailing cases and
cases on safeguard measures as well.

Article 3

The responsibility to organize the hearings of industry injury investigation shall remain with the Bureau of Industry Injury Investigation
under the SETC.

Article 4

The hearings of industry injury investigation shall comply with the principles of openness, impartiality and fairness. All hearings
shall be held publicly unless any state secret or commercial secret is involved.

Article 5

Where a petitioner or respondent of an anti-dumping or countervailing investigation or of an investigation on safeguard measures,
or any other interested party requests the SETC to hold a hearing regarding an industry injury and its causality, or where the SETC
considers it necessary to hold a hearing, the hearing of an industry injury investigation may be held.

Article 6

Where a petitioner or respondent of an anti-dumping or countervailing investigation or of an investigation on safeguard measures,
or any other interested party requests a hearing to be held, he shall submit a written petition to the SETC.

The petition for the hearing of an industry injury investigation shall include such contents as the name and address of the petitioner
to the hearing, the contact person and the method for contacting him, the requested matters and the facts on which they are based,
and the reasons thereof, etc..

Article 7

Where the SETC intends to hear an industry injury investigation, it shall organize a hearing, and shall, 20 days before the hearing
is held, inform by announcement or written notice the relevant interested parties of such particulars as the decision on holding
the hearing, the reason for the hearing, the time and place for holding the hearing, and the relevant requirements, etc..

Article 8

The interested party shall, within 15 days as of the day when the announcement on the hearing of the industry injury investigation
is promulgated or the day when the written notice is sent, make registration in the SETC in the stipulated ways, submit an outline
of speech for the hearing and the relevant evidential materials in common language with 10 copies of the original.

Article 9

The parties to a hearing include the petitioner and the respondent of the anti-dumping or countervailing investigation or of the investigation
on safeguard measures, who have made registration in the SETC to attend the hearing, and the other interested parties.

Article 10

Where any party to a hearing has a justifiable reason, he may, 10 days before the hearing is held, file a petition for postponing
the hearing; whether the petition is to be permitted shall be decided by the SETC.

Article 11

The presiders to a hearing shall be usually composed of 3 to 5 persons, including one chief presider.

Article 12

Where a presider to a hearing is under any of the following circumstances, he shall voluntarily withdraw, and each interested party
shall have the right to demand his withdrawal:

(a)

he has a relation of near relative with the legal representative or authorized agent of the interested party in the case;

(b)

he has an interest in the case;

(c)

he has any other relations with an interested party in the case, which may affect the impartial holding of the hearing.

The interested party shall apply for a withdrawal in written form, and state the reasons. Whether the presider is to withdraw shall
be decided by the SETC.

Article 13

The presiders to a hearing may exercise the following powers during the hearing:

(a)

to hold the hearing;

(b)

to confirm the identity of the parties to the hearing or of their agents;

(c)

to question the parties to the hearing;

(d)

to decide on whether to permit the parties to the hearing to submit the supplementary evidence, and whether to appraise the produced
evidence;

(e)

to decide on whether to suspend, postpone or terminate the hearing;

(f)

to maintain the hearing order, and to warn or stop the behaviors in violation of the hearing disciplines;

(g)

other matters which need to be decided during the hearing.

Article 14

A party to a hearing may either appoint its legal representative or main responsible persons to attend the hearing, or may authorize
an agent to attend the hearing. If an agent is to attend the hearing, he shall, when making the hearing registration, submit the
power of attorney for attending the hearing to the SETC.

Article 15

The parties to a hearing shall bear the following obligations:

(a)

to arrive at the designated place to attend the hearing on time;

(b)

to abide by the hearing disciplines, and to obey the arrangements by the presiders;

(c)

to truthfully answer the presiders’ inquires;

(d)

to provide the evidence for their assertions.

Article 16

Before a hearing is begun, the presiders to the hearing shall first check the identities of the parties to the hearing and the agency
qualification of the agents, read out the hearing disciplines, and inform the parties of their rights and obligations.

Article 17

A hearing shall be held according to the following procedures:

(a)

the chief presider to the hearing announces the beginning of the hearing, and reads out the cause of the case;

(b)

the petitioner to the hearing states the facts and causes for the hearing;

(c)

the parties to the hearing make their statements;

(d)

the parties to the hearing make their final statements;

(e)

the chief presider announces the end of the hearing.

Article 18

The organ for an industry injury investigation of anti-dumping, countervailing and safeguard measures shall further collect the information
in the hearing, and provide each interested party with the opportunities to state his opinions and to submit the evidential materials.

Article 19

A record shall be made of the hearing, and shall be signed or sealed by the parties. Where a party refuses to sign or seal on the
hearing record, the presiders to the hearing shall indicate this on the record.

Article 20

All the oral speeches and statements made by the parties in a hearing shall be subject to the written materials that are submitted
to the SETC within 10 days as of the end of the hearing, and the relevant supplementary evidence shall also be submitted to the SETC
within 10 days as of the end of the hearing.

Article 21

A hearing shall be suspended under any of the following circumstances:

(a)

the petitioner to the hearing is unable to attend the hearing due to irresistible causes;

(b)

other circumstances under which the hearing shall be suspended.

Article 22

A hearing shall resume after the causes for its suspension has been eliminated.

Article 23

A hearing shall be terminated under any of the following circumstances:

(a)

the petitioner to the hearing withdraws the petition;

(b)

the anti-dumping or countervailing investigation or the investigation on safeguard measures is terminated;

(c)

other circumstances under which the hearing shall be terminated.

Article 24

In case of any of the circumstances in Article 21 and Article 23 concerning the suspension or termination of the hearing, whether
to suspend or terminate the hearing shall be decided by the SETC before the presiders to the hearing have been determined, or shall
be collegially decided by the presiders to the hearing after they have been determined.

Article 25

The responsibility to interpret the present rules shall remain with the SETC.

Article 26

The present rules shall enter into force on January 15, 2003. The Hearing Rules of the State Economic and Trade Commission of the
People’s Republic of China on Ordering Industry Injury promulgated by the SETC on October 27, 1999 shall be abrogated simultaneously.



 
The State Economic and Trade Commission
2002-12-13

 







MEASURES OF FINANCIAL LICENSE CONTROL

China Banking Regulatory Commission

Decree of China Banking Regulatory Commission

No. 2

The Measures of Financial License Control was approved by the first chairmen meeting of China Banking Regulatory Commission on May
26, 2003, promulgated herein and shall enter into force as of July 1, 2003.

Chairman of the China Banking Regulatory Commission Liu Mingkang

May 31, 2003

Measures of Financial License Control

Article 1

These measures are formulated in accordance with relevant provisions and laws such as the Commercial Bank Law of the People’s Republic
of China and the Regulations of the People’s Republic of China Governing Financial Institutions with Foreign Capital for the purpose
of strengthening the admittance management of the financial institutions and pushing forward financial institution’s legal operations.

Article 2

Financial License refers to the legal papers issued by China Banking Regulatory Commission (hereafter referred to as CBRC) to allow
financial institutions to deal with financial operations.

The issuing, changing, detaining, withdrawing shall be conducted by CBRC according to relevant laws and provisions, any other units
and individuals shall not exert any activities mentioned herein.

Article 3

Financial license only applies to those institutions whose financial operations have been approved and those under the supervision
of CBRC.

Financial institutions herein refers policy banks, commercial banks, finance capital management corporations, Credit Cooperatives,
Post services, trust funds investment companies, finance companies of corporation group, monetary leasing companies, financial institutions
of foreign investment and so on.

Article 4

When considering the financial license, CBRC adheres to such management principals as delegating the right at different level, moderately
separate the right for institution examination with right for issuing the license.

(I)

CBRC shall be responsible for the issuing and management of the financial license of those financial entity institutions under the
direct supervision of CBRC (policy banks, state solely ?C owned commercial banks, joint ?C stock commercial banks, financial capital
management corporation, trust fund investment companies, finance companies of corporation group, monetary leasing companies and so
on); CBRC shall be responsible for the issuing and management of the financial license of foreign capital financial institutions
as foreign banks and their branches, joint ?C venture banks and their branches, branches of foreign banks, foreign finance companies,
and joint ?C venture finance companies and so on.

(II)

CBRC bureaus at the provincial ( autonomous region, municipality directly under the Central Government) level and bureaus directly
under CBRC shall be responsible for the issuing and management of the financial license of the following financial institutions:
1, policy-related banks, state solely-owned commercial bank (including branches out side the territory) within the territory; 2,
branches of financial capital management companies (offices); 3, city commercial bank entity institutions and their branches; 4,
institutions below the level of foreign capital bank’s branches (branches exclusive); 5, other financial institutions and their branches
other than such financial institutions under direct supervision of CBRC as trust fund investment companies, finance companies of
corporation group, monetary leasing companies; 6, city credit cooperatives, rural credit cooperatives (provincial level and county
level), entity institutions for rural commercial banks ;7, outlets of the financial institutions in one area..

(III)

CBRC bureaus at county level shall be responsible for the issuing and management of other financial institutions rather than those
mentioned herein.

Article 5

Financial institutions shall, within 60 days from the date of receiving a certificate of approval form CBRC, come to CBRC and its
representative offices to obtain or change a financial license with the following documents:

(I)

a certificate of approval form CBRC or its representative offices;

(II)

financial institution’s recommendation letter;

(III)

legal and effective identity certificate of the person who obtains the license;

(IV)

other documents required by CBRC and or its representative offices.

Article 6

CBRC or its representative offices shall, within 5 working days from the date of receiving the effective documents, issue the license.

Article 7

The financial license shall state clearly the following issues:

(I)

code of the institution (see the attachment)

(II)

name of the institution (rural credit cooperatives shall indicate their entity institutions or branch institutions by bracket )

(III)

law and regulations in accordance with;

(IV)

date for approving the establishment of the institution;

(V)

location for operation;

(VI)

date for issuing the license;

(VII)

seal of the CBRC or its representative offices.

Article 8

In any of the following circumstances, financial institutions shall submit the CBRC or its representative offices application for
changing financial license:

(I)

change of the name of the institution;

(II)

change of the operation location (limited to change of the liquidation code);

(III)

dilapidation of the license;

(IV)

loss of the license;

(V)

circumstances where CBRC or its representative offices require the change of the license.

The applicant shall hand over the license in case of change of institution’s name or change of the operation location to CBRC or its
representative offices and apply for a new license with the documents as indicated in Article 5 of these measures.

In case of dilapidation, the applicant shall hand over the license when applying for a new license.

In case of loss, financial institutions shall declare the invalidation of the lost license in newspaper designated by CBRC or its
representative offices, and apply for new license.

Article 9

In principal, the license code for financial institutions shall be the same unless in such circumstances as change of the name of
the institution, change of the operation location (limited to liquidation code), or withdrawal of the license.

In the case of loss or dilapidation, the original code shall continue to be effective when applying for changing the license.

In the case of withdrawal, the code for the institution shall be invalidated as of the same date.

Article 10

In case of issuing and changing of the license, financial institutions shall declare the validation of the new license in newspaper
designated by CBRC or its representative offices, and apply for new license.

In case of withdrawal and cancellation, financial institutions shall declare the invalidation of the lost license in newspaper designated
by CBRC or its representative offices, and apply for new license.

Article 11

The declaration shall contain the following information: name of the institution, operation location, code of the financial institution,
postal code, and telephone number.

Article 12

The financial license shall be put in an obvious place of the financial institutions. Financial institutions shall introduce its operations
and persons in charge in an obvious place by appropriate means.

Article 13

Any units and individual shall not forge and change the financial license. Financial institutions shall not rent, lend or transfer
financial licenses.

Article 14

CBRC and its representative offices shall strengthen the information management of the financial license, establish institution management
document systems, and publicize information related to financial license according to relevant laws and regulations.

Article 15

CBRC shall charge the applicants examination and registration fees when applicants receive the license and change the license.

Article 16

In case of any of the following circumstances, CBRC shall serve a warning, and require correcting within time limit. In case of failure
to correct within the time limit, CBRC may fine an amount less than 30,000 RMB; but CBRC may also deprive the persons in charge where
serious offenses are committed:

(I)

fail to comply with the regulations of getting a license

(II)

mangle the financial license;

(III)

lose the financial license and fail to report to CBRC

(IV)

fail to show the license in the operation location;

(V)

forgery, change, leasing, lending, transferring of the license.

Article 17

Any renting, lending, transferring of financial license shall be penalized under the relevant provisions of the Commercial Bank Law
of the People’s Republic of China.

Article 18

Any forgery, changes to the financial license of the commercial banks will be punished according to the Commercial Bank Law of the
People’s Republic of China.

Article 19

The financial license shall be printed and managed by CBRC. CBRC shall print the financial license according to the financial license
coding system. The license will be in effect when with the seal of CBRC or its representative offices.

Financial license shall be specially kept as important warrant. The issuing, printing, keeping of the license as different functions
shall be separated from each other, and the three functions can counterbalance with each other. And registration systems for issuing,
printing, withdrawing and canceling of the license shall be established at the same time.

The used license during the issuing process shall be marked as “useless” and filed as important blank warrant to be destroyed regularly,

Article 20

The measures shall enter into force as of July 1, 2003. In case of discrepancy, the Measures of Financial License Control shall prevail.

Attachment:

Financial Institution License Coding System (omitted)



 
China Banking Regulatory Commission
2003-05-31

 







JUDGES LAW

Judges Law of the People’s Republic of China

(Adopted at the 12th Meeting of the Standing Committee of the Eighth National People’s Congress on February 28, 1995,
promulgated by Order No. 38 of the President of the People’s Republic of China on February 28, 1995, and amended in accordance with
the Decision on Amending the Judges Law of People’s Republic of China adopted at the 22nd Meeting of the Standing Committee of the
Ninth National People’s Congress on June 30, 2001) 

Contents 

Chapter I     General Provisions 

Chapter II    Functions and Duties 

Chapter III   Obligations and Rights 

Chapter IV    Qualifications for a Judge 

Chapter V     Appointment and Removal 

Chapter VI    Posts to Be Avoided 

Chapter VII   Grades of Judges 

Chapter VIII  Appraisal 

Chapter IX    Training 

Chapter X     Awards 

Chapter XI    Punishment 

Chapter XII   Salary, Insurance and Welfare 

Chapter XIII  Resignation and Dismissal 

Chapter XIV   Retirement 

Chapter XV    Petition and Complaint 

Chapter XVI   Commission for Examination and Assessment of Judges 

Chapter XVII  Supplementary Provisions 

 

Chapter I 

General Provisions 

Article 1   This law is enacted in accordance with the Constitution to enhance the quality of judges, to strengthen the
administration of judges, and to ensure that the People’s Courts independently exercise judicial authority according to law, that
judges perform their functions and duties according to law and that law is administered impartially. 

Article 2   Judges are judicial persons who exercise the judicial authority of the State according to law, and they include
the presidents, vice-presidents, members of judicial committees, chief judges and associate chief judges of divisions, judges and
assistant judges of the Supreme People’s Court, local People’s Courts at various levels and special People’s Courts such as military
courts. 

Article 3   Judges shall faithfully implement the Constitution and laws, and serve the people wholeheartedly. 

Article 4   Judges, when performing their functions and duties according to law, shall be protected by law. 

Chapter II 

Functions and Duties 

Article 5    The functions and duties of a judge are as follows : 

(1) to take part in a trial as a member of a collegial panel or to try a case alone according to law; and 

(2) to perform other functions and duties as provided by law. 

Article 6   Presidents, vice-presidents, members of judicial committees, and chief judges and associate chief judges of
divisions shall, in addition to the judicial functions and duties, perform other functions and duties commensurate with their posts.
Chapter III 

Obligations and Rights 

Article 7   Judges shall perform the following obligations: 

(1) to strictly observe the Constitution and laws; 

(2) to take facts as the basis and laws as the criterion when trying cases, to handle cases impartially, and not to bend the law
for personal gain; 

(3) to protect the litigation rights of the participants in proceedings according to law; 

(4) to safeguard the State interests and public interests, and to safeguard the lawful rights and interests of natural persons, legal
persons and other organizations; 

(5) to be honest and clean, faithful in the discharge of duties, to observe discipline and professional ethics; 

(6) to keep State secrets and the secrets of judicial work; and 

(7) to accept legal supervision and supervision by the masses. 

Article 8   Judges shall enjoy the following rights: 

(1) to have the power and working conditions which are essential to the performance of the functions and duties of judges; 

(2) to brook no interference from administrative organs, public organizations or individuals in trying cases according to law; 

(3) to be not removed, demoted or dismissed from the post, and to be not given a sanction, without statutory basis and without going
through statutory procedures; 

(4) to be remunerated for work and to enjoy insurance and welfare benefits; 

(5) to enjoy safety of the person, property and residence as ensured by law; 

(6) to receive training; 

(7) to lodge petitions or complaints; and 

(8) to resign their posts. 

Chapter IV 

Qualifications for a Judge 

Article 9   A judge shall possess the following qualifications: 

(1) to be of the nationality of the People’s Republic of China; 

(2) to have reached the age of 23; 

(3) to endorse the Constitution of the People’s Republic of China; 

(4) to have fine political and professional quality and to be good in conduct; 

(5) to be in good health; and 

(6) to have worked in law for at least two years in the case of a graduate from a four-year course in the law specialty of an institution
of higher education or a graduate from a four-year course in a non-law specialty of such an institution who possesses the professional
knowledge of law, and to have worked in law for at least three years in the case of the said graduate to be appointed judge of a
Higher People’s Court or the Supreme People’s Court; to have worked in law for at least one year in the case of a person holding
a Master of Law degree or Doctor of Law degree; or a person holding a master’s degree or doctor’s degree of non-law specialty who
possesses the professional knowledge of law, and to have worked in law for at least two years in the case of the said person to be
appointed judge of a Higher People’s Court or the Supreme People’s Court. 

The judicial persons who, before this Law is implemented, do not possess the qualifications as provided by sub-paragraph (6) of the
preceding paragraph shall receive training. The specific measures shall be formulated by the Supreme People’s Court. 

Where it is really difficult to apply the provisions in sub-paragraph (6) of the first paragraph regarding the academic qualifications,
such qualifications for judges may, upon examination and approval by the Supreme People’s Court and within a limited period of time,
be relegated to include graduates from a two-or-three-year course in the law specialty of an institution of higher education. 

Article 10   None of the following persons may hold the post of a judge: 

(1) persons who have been subjected to criminal punishment for commission of a crime; or 

(2) persons who have been discharged from public employment. 

Chapter V 

Appointment and Removal 

Article 11   A judge shall be appointed or removed from the post in accordance with the limit of authority for, and procedures
of, appointment or removal as prescribed by the Constitution and laws. 

The President of the Supreme People’s Court shall be elected or removed by the National People’s Congress. The vice-presidents, members
of the judicial committee, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the Standing
Committee of the National People’s Congress upon the suggestions of the President of the Supreme People’s Court. 

The presidents of the local People’s Courts at various levels shall be elected or removed by the local People’s Congress at various
levels. The vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges
shall be appointed or removed by the standing committees of the people’s congresses at the corresponding levels upon the suggestions
of the presidents of those courts. 

The appointment or removal of the presidents of the Intermediate People’s Courts set up in prefectures of the provinces or autonomous
regions or set up in the municipalities directly under the Central Government shall be decided on by the standing committees of the
people’s congresses of provinces, autonomous regions or municipalities directly under the Central Government on the basis of the
nominations made by the respective councils of chairmen. The vice-presidents, members of the judicial committees, chief judges and
associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people’s congresses
of the provinces, autonomous regions or municipalities directly under the Central Government upon the suggestions of the presidents
of the Higher People’s Courts. 

The presidents of the local People’s Courts at various levels set up in the national autonomous areas shall be elected or removed
by the people’s congresses at various levels of the national autonomous areas. The vice-presidents, members of the judicial committees,
chief judges and associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people’s
congresses at the corresponding levels upon the suggestions of the presidents of those courts. 

The assistant judges of the People’s Courts shall be appointed or removed by the presidents of the courts where they work. 

The measures for the appointment or removal of the presidents, vice-presidents, members of the judicial committees, chief judges
and associate chief judges of divisions and judges of the Special People’s Courts such as the military courts shall be formulated
by the Standing Committee of the National People’s Congress separately. 

Article 12   Persons to be appointed judges for the first time shall be selected, through strict examination and appraisal,
from among those who have passed the uniform national judicial examination and who are the best qualified for the post, in conformity
with the standards of having both ability and political integrity. 

Persons to be appointed presidents or vice-presidents of People’s Courts shall be selected from among the best judges and other people
who are best qualified for the post. 

Article 13   If a judge is found to be in any of the following circumstances, a suggestion shall be submitted according
to law for his or her removal from the post: 

(1) having forfeited the nationality of the People’s Republic of China; 

(2) having been transferred out of a court; 

(3) having no need to maintain his or her original post after a change of post; 

(4) being determined to be incompetent in the post through appraisal; 

(5) being unable to perform the functions and duties of a judge for a long period of time due to poor health; 

(6) having retired from the post; 

(7) having resigned the post, or having been dismissed; or 

(8) being disqualified from continuing to hold the post because of violation of discipline or law or commission of a crime. 

Article 14   Once the organ discovers that the appointment of a person as judge made by it is in violation of the provisions
of this Law governing the qualifications for judges, it shall revoke the appointment. Where a court at a higher level discovers that
the appointment of a judge made by a court at a lower level is in violation of the provisions governing the qualifications for judges,
the former shall suggest to the latter that it revoke the appointment in accordance with law or that the it, in accordance with law,
suggest to the standing committee of the people’s congress at the same level that it revoke the appointment. 

Article 15   No judges may concurrently be members of the standing committees of the people’s congresses, or hold posts
in administrative organs, procuratorial organs, enterprises or institutions, or serve as lawyers. 

Chapter VI 

Posts to Be Avoided 

Article 16   Judges who are connected by husband-wife relationship, or who are directly related by blood, collaterally
related within three generations, or closely related by marriage may not, at the same time, hold the following posts: 

(1) the president, vice- presidents, members of the judicial committee, chief judges or associate chief judges of divisions in the
same People’s Court; 

(2) the president, vice-presidents, judges or assistant judges in the same People’s Court; 

(3) the chief judge, associate chief judges, judges or assistant judges in the same division; or 

(4) presidents or vice-presidents of the People’s Courts at the levels next to each other. 

Article 17   No judge may, within two years after leaving his or her post from a People’s Court, serve as an agent ad litem
or a defender in the capacity of a lawyer. 

No judge may, after leaving his or her post from a People’s Court, serve as an agent ad litem or a defender in a case being handled
by the court where he or she previously held a post. 

No spouse or children of a judge may serve as an agent ad litem or a defender in a case being handled by the court where the judge
holds a post. 

Chapter VII 

Grades of Judges 

Article 18   Judges are divided into twelve grades. 

The President of the Supreme People’s Court is the Chief Justice, and judges from the second to the twelfth grade are composed of
associate justices, senior judges and judges. 

Article 19   Grades of judges shall be determined on the basis of their posts, their actual working ability and political
integrity, their professional competence, their achievements in judicial work and their seniority. 

Article 20   Measures for the establishment of the grades and for their evaluation and promotion shall be formulated separately
by the State. 

Chapter VIII 

Appraisal 

Article 21   Appraisal of judges shall be conducted by the People’s Courts the judges belong to. 

Article 22   The appraisal of judges shall be carried out objectively and impartially, through the combined efforts of
the leaders and masses, and routinely and annually. 

Article 23   The appraisal of judges shall include their achievements in judicial work, their ideological level and moral
character, their competence in judicial work and their mastery of law theories, their attitude in and style of work. However, emphasis
shall be laid on their achievements in judicial work. 

Article 24   The results of the annual appraisal shall fall into three grades: excellent, competent and incompetent. 

The results of appraisal shall be taken as the basis for award, punishment, training, removal or dismissal of a judge, and for readjustment
of his or her grade and salary. 

Article 25   A judge shall be informed of the result of the appraisal in written form. If the judge disagrees with the
result, he or she may apply for reconsideration. 

Chapter IX 

Training 

Article 26   Theoretical and professional training for judges shall be carried out in a planed way. 

The principles of integrating theory with practice, giving lectures in light of the needs, and emphasizing practical results shall
be applied in the training of judges. 

Article 27   The judges colleges and universities of the State and other institutions for training judges shall, in accordance
with relevant regulations, undertake the task of training judges. 

Article 28   The results of the studies of judges and appraisals made during their training shall be taken as one of the
bases for their appointment and promotion. 

Chapter X 

Awards 

Article 29   Judges who have made significant achievements and contributions in judicial work, or performed other outstanding
deeds shall be rewarded. 

The principle of combining moral encouragement with material reward shall be applied in rewarding judges. 

Article 30   Judges who have any of the following achievements to their credit shall be rewarded: 

(1) having achieved notable successes in enforcing laws and handling cases impartially; 

(2) having accumulated rich experience in judicial practice that may serve as a guide in judicial work; 

(3) having made proposals for the reform of judicial work that have been adopted and have produced remarkable results; 

(4) having performed outstanding deeds in safeguarding the interests of the State, the collective and the people against heavy losses; 

(5) having performed outstanding deeds by bravely fighting against illegal or criminal acts; 

(6) having made judicial proposals that have been adopted and have produced remarkable results, or having scored outstanding successes
in publicizing the importance of the legal system and guiding the work of the people’s mediation committees; 

(7) having scored outstanding achievements in protecting State secrets and secrets of judicial work; or 

(8) having performed other meritorious deeds. 

Article 31   The awards include: Citation for Meritorious Deeds, Merit Citation Class III, Merit Citation Class II, Merit
Citation Class I, and a post_title of honour. 

The awards shall be authorized and procedures gone through in accordance with relevant regulations. 

Chapter XI 

Punishment 

Article 32   No judge may commit any of the following acts: 

(1) to spread statements damaging the prestige of the State; to join illegal organizations; to take part in such activities as assembly,
procession and demonstration against the State; and to participate in strikes; 

(2) to embezzle money or accept bribes; 

(3) to bend law for personal gain; 

(4) to extort confessions by torture; 

(5) to conceal or falsify evidence; 

(6) to divulge State secrets or secrets of judicial work; 

(7) to abuse functions and powers; and to infringe upon the lawful rights and interests of natural persons, legal persons or other
organizations; 

(8) to neglect his or her duty so as to wrongly judge a case or to cause heavy losses to the party concerned; 

(9) to delay the handling of a case so that work is adversely affected; 

(10) to take advantage of the functions and powers to seek gain for himself or herself or other people; 

(11) to engage in profit-making activities; 

(12) to meet the party concerned or his or her agent without authorization and attend dinners or accept presents given by the party
concerned or his or her agent; or 

(13) to commit other acts in violation of law or discipline. 

Article 33   A judge who has committed any of the acts listed in Article 32 of this Law shall be given sanctions; if the
case constitutes a crime, he or she shall be investigated for criminal responsibility in accordance with law. 

Article 34   The sanctions include: a disciplinary warning, a demerit recorded, a grave demerit recorded, demotion, dismissal
from the post and discharge from public employment. 

The salary of a judge who has been dismissed from the post shall at the same time be reduced and his or her grade be demoted. 

Article 35   A sanction shall be authorized and procedures gone through in accordance with relevant regulations. 

Chapter XII 

Salary, Insurance and Welfare 

Article 36   The salary system and scales for judges shall, in light of the characteristics of judicial work, be formulated
by the State. 

Article 37   The system under which the salaries of judges are increased regularly shall be practiced. The salary of a
judge who has been confirmed through appraisal as being excellent or competent may be raised in accordance with regulations; the
salary of a judge who has made special contributions may be raised in advance in accordance with regulations. 

Article 38   Judges shall enjoy judicial allowances, regional allowances and other allowances and insurance and welfare
benefits as prescribed by the State. 

Chapter XIII 

Resignation and Dismissal 

Article 39   If a judge requests resignation, he or she shall present an application in written form before he or she shall
be removed in accordance with the procedures as provided by law. 

Article 40   A judge shall be dismissed if he or she is found to be in any of the following circumstances: 

(1) to be confirmed by annual appraisal as being incompetent for two successive years; 

(2) to be unqualified for the present post and decline to accept other assignments; 

(3) to refuse to accept reasonable transfer, which is necessitated by restructuring of the judicial organ or reduction of the size
of the size of the staff; 

(4) to have stayed away from work without leave or to have overstayed his or her leave without good reason for fifteen days or more
in succession, or for thirty days or more in a year aggregated; or 

(5) to fail to perform a judge’s duty, and make no rectification after criticism. 

Article 41   A judge who is dismissed shall be removed from the post in accordance with the procedures as provided by law. 

Chapter XIV 

Retirement 

Article 42   The retirement system regarding judge shall, in light of the characteristics of judicial work, be formulated
separately by the State. 

Article 43   After retirement judges shall enjoy the insurance of old-age pension and other benefits as prescribed by the
State. 

Chapter XV 

Petition and Complaint 

Article 44   If a judge disagrees with the sanction given to him or her or the disposition of his or her case by a People’s
Court, he or she may, within 30 days from the date of receiving the decision on the sanction or disposition, apply for reconsideration
to the organ which gave the sanction or disposed of the case and shall have the right to appeal to the organ at a level higher than
the organ which gave the sanction or disposed of the case. 

The organ that receives the appeal must make a decision on it in accordance with regulations. 

During the period of reconsideration or petition, execution of the decision on a sanction or disposition made with regard to a judge
shall not be suspended. 

Article 45   If a State organ or any of its functionaries commits an act infringing upon the rights of a judge as provided
by Article 8 of this Law, the judge shall have the right to make a complaint. 

If an administrative organ, a public organization or an individual interferes in a case that a judge is trying according to law,
that organ, organization or individual shall be investigated for responsibility according to law. 

Article 46   The petition or complaint made by a judge shall be true to facts. If a judge makes up a story or lodges a
false accusation against an innocent person, he or she shall be investigated for responsibility according to law. 

Article 47   Where the sanction given to a judge or the disposition of hie or her case is wrong, it shall be put right
without delay; if it has damaged the judge’s reputation, the reputation shall be rehabilitated, the ill effects shall be eliminated
and an apology shall be made; if it has caused financial losses to the judge, compensations shall be made. The persons who are directly
responsible for retaliation shall be investigated for responsibility according to law. 

Chapter XVI 

Commission for Examination and Assessment of Judges 

Article 48   A People’s Court shall establish a commission for examination and assessment of judges. 

The functions and duties of a commission for examination and assessment of judges are to guide the training, examination, appraisal
and assessment of judges. Specific measures in this regard shall be formulated separately. 

Article 49   The number of persons on a commission for examination and assessment of judges shall be five to nine. 

The chairman of a commission for examination and assessment of judges shall be assumed by the president of the court it belongs to. 

Chapter XVII 

Supplementary Provisions 

Article 50   In light of the need of judicial work, the Supreme People’s Court may shall, in conjunction with the relevant
departments, formulate measures to fix the proportion of judges to other staff members in the People’s Courts at different levels. 

Article 51   The State institutes a uniform judicial examination system for persons to be appointed judges or procurators
for the first time, or to obtain the qualifications for lawyer. The judicial administration department under the State Council shall,
in conjunction with the Supreme People’s Court and the Supreme People’s Procuratorate, formulate implementation measures for judicial
examination. The judicial administration department under the State Council shall take charge of the implementation of the measures. 

Article 52   The executors of the People’s Courts shall be administered with reference to the relevant provisions of this
Law. 

Measures for the administration of the clerks of the People’s Courts shall be formulated by the Supreme People’s Court. 

The administrative judicial personnel of the People’s Courts shall be administered in accordance with the relevant regulations of
the State. 

Article 53   This law shall go into effect as of July 1, 1995.

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







DETAILED RULES FOR THE IMPLEMENTATION OF AUTOMATIC IMPORT LICENSES OF THE ENTERPRISES WITH FOREIGN INVESTMENT

The General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation

Order of the General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation

No.4

Detailed Rules for the Implementation of Automatic Import Licenses of the Enterprises with Foreign Investment is hereby promulgated
according to the Regulation of the People’s Republic of China on the Administration of the Import and Export of Goods, and come into
force as of the date of promulgation.

Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guangsheng

Minister of the General Administration of Customs Mu Xinsheng

February 8, 2002

Detailed Rules for the Implementation of Automatic Import Licenses of the Enterprises with Foreign Investment

Article 1

The present Detailed Rules have been enacted on the basis of the Measures for the Administration of the Automatic Import License of
Goods for the purpose of standardizing the administration of the automatic import licenses of the enterprises with foreign investment.

Article 2

The present Detailed Rules shall be applicable to the administration of automatic import licenses of the enterprises with foreign
investment for importing goods to within the territory of the People’s Republic of China.

Article 3

The Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China (hereinafter referred to as the MOFTEC) is
in charge of guiding and administering the enterprises with foreign investment concerning the import of goods that are subject to
automatic import licenses, and shall, together with the State Administration of Customs, publicize the list of names of the institutions
for issuing automatic import licenses to the enterprises with foreign investment (see Attachment I). The department of foreign trade
and foreign investment of all provinces, autonomous regions, municipalities directly under the Central Government and the cities
under separate State planning (hereinafter referred to as the local departments of foreign trade and foreign investment) are in charge
of the administration of the automatic import license of the enterprises with foreign investment within their respective jurisdictions.

Article 4

The enterprises with foreign investment shall provide the following materials for handling the automatic import licenses:

1.

An application form of automatic import licenses (see Attachment II);

2.

A photocopy of the approval certificate of the enterprise with foreign investment (including the record of passing the joint annual
inspections);

3.

A photocopy of the business license of the enterprise with foreign investment;

4.

A photocopy of the contract of the enterprise with foreign investment for joint equity or cooperation or the articles of incorporation;

5.

A photocopy of the report of asset appraisal;

6.

An account of the actual production capacity of the enterprise with foreign investment;

7.

Other materials that are requested.

Article 5

The import of goods that belong to automatic import licenses by the enterprises with foreign investment shall conform to the relevant
provisions of the laws or administrative regulations and shall satisfy the following conditions:

1.

The enterprises with foreign investment that applies for import shall have no record of violations of laws or regulations such as
evading foreign exchanges, arbitrage, obtaining export refunded taxed by fraudulent means, smuggling, etc. within the recent 3 years;

2.

The imported goods shall conform to the relevant provisions of the bilateral or multilateral trade agreements to which China has acceded;

3.

The relevant provisions of other laws, administrative regulations or industrial policies.

Article 6

The following procedures shall be followed when handling the automatic import licenses of enterprises with foreign investment:

1.

The raw materials and spare parts that are used for investment or their own use for the items under the investment of the enterprises
with foreign investment are goods subject to automatic import licenses, and there is no need to apply for an Automatic Import Licenses.
The goods imported for the purpose of investment and their own use of the enterprises with foreign investment shall refer to the
machinery, equipments and other materials imported by the foreign investors as a way of investment or to satisfy the demand of production
and business operation with the fund within the total amount of investment or other self-possessed funds (to be specific, the reserving
funds, developments funds, depreciations and post-tax profits of the enterprises).

2.

Where the goods imported by the enterprises with foreign investment for processing trade are subject to the administration of automatic
import licenses, there is no need for such enterprises to apply for an Automatic Import License, and they shall be exported after
being processed.

3.

When importing goods that are subject to the administration of automatic import licenses for producing products which are to be marketed
internally (see the goods under List I and List II in Attachment I of the Measures for the Administration of Goods Subject to Automatic
Import Licenses), the enterprises with foreign investment shall, before handling the formalities of customs declarations, go to the
local department of foreign trade and foreign investment to handle the formalities of automatic import licenses. The enterprises
with foreign investment shall, within one month prior to applying for handling the formalities of Automatic Import Licenses, inform
the local department of foreign trade and foreign investment of the import contracts and the estimated time of fetching the harbor,
and the local department of foreign trade and foreign investment shall record down truthfully and report to the MOFTEC on the monthly
basis.

4.

After receiving the Application Form of Automatic Import License and other relevant materials that conform to the provisions of the
present Detailed Rules, the local departments of foreign trade and foreign investment shall immediately issue the Automatic Import
License (see Attachment III) or, under special circumstances, within no more than ten working days.

Article 7

When the enterprises with foreign investment import goods that are subject to the administration of automatic import licenses for
the purpose of investment or for self use, the customs release the goods according to the repertoire of equipments and materials
on which the department of foreign trade and foreign investment has put the “Special Seal for Examining the Import of enterprises
with foreign investment” (see Attachment IV).

Article 8

Where the goods imported by the enterprises with foreign investment for processing trade are subject to the administration of automatic
import licenses, the customs shall handle the formalities of releasing the imported goods according to the documents such as contracts
for processing trade that have been approved by the department of foreign trade.

Article 9

Where the goods imported by the enterprises with foreign investment for processing trade are subject to the administration of automatic
import licenses but are necessary to be marketed internally due to special circumstances, the customs shall handle the verification
and writing of the contract according to the “Approval Certificate for the Internal Sale of Imported Bonded Materials for Processing
Trade” and the Automatic Import License as issued by the department of foreign trade on the provincial level and after the tariffs
and interest thereof for delayed payment have been fully paid according to relevant provisions.

Where any enterprise with foreign investment cannot submit the “Approval Certificate for the Internal Sale of Imported Bonded Materials
for Processing Trade” and the Automatic Import License during the prescribed time period for verifying and writing off contracts,
the customs shall handle the formalities of verifying and writing off the contract after levying the tariffs and the interest thereof
for delayed payment and has imposed a fine according to relevant provisions.

Article 10

When importing goods that are subject to the administration of automatic import licenses for the purpose of producing products to
be marketed internally, the enterprises with foreign investment shall handle the formalities of selling and paying foreign exchanges
by submitting the Automatic Import Licenses to the bank, and the customs shall release the goods according to the Automatic Import
Licenses.

Article 11

The contents of Columns I and II of the Automatic Import License of the enterprises with foreign investment shall include the code
number of the importing or exporting enterprises. The codification rule of the “Number of Automatic Import License” in Column III
of the Licenses is: code of region-year-WZ-sequential number in 5 digits. For example, the number of the automatic import licenses
of the enterprises with foreign investment of Beijing Municipality in the year 2002 shall be 1100-2002-WZ-XXXXX; the rest may be
deduced by analogy for other provinces. The “Effective Deadline of the Automatic Import License” as mentioned in Column IV shall
be no later than December 31 of the year when the license is issued. If the goods imported by any enterprise with foreign investment
for the purpose of producing products for marketing internally, the “Way of Trade” as mentioned in Column V of the License shall
be: “imported by joint equity enterprise”, “imported by cooperative enterprise” or “imported by solely enterprise with foreign investment”.

Article 12

The valid period of an Automatic Import License” shall be half year. The license shall be valid for the same year and shall be subject
to the administration of issuing licenses without approval, but it shall not be used for more than 6 times at maximum. The customs
shall make a remark in round hand print in the Column of Remarks for Releasing Goods” on original copy of the Automatic Import License,
with the duplicate being kept by the customs and when the License is used for the last time, the original copy shall be kept by the
customs.

None of the content in the Automatic Import License may be altered. Where it is necessary to make revisions to relevant items or it
is necessary to postpone during the valid period due to special reasons, the enterprises with foreign investment shall change licenses
by submitting the original copy of the Automatic Import License at the original issuing authority. During the valid period of the
Automatic Import License, the License may be postponed once. The original issuing authority shall take back the old copy and print
the characters of “changing licenses” in the Column of Remarks of the new copy.

Article 13

In case any Automatic Import License is missing, the enterprises with foreign investment shall report to the original issuing authority
immediately of the loss, and the issuing authority has confirmed and if no bad effects will result, another copy shall be reissued.

Article 14

Where it is determined that any Automatic Import License that has already been applied by the enterprises with foreign investment
cannot be used, it shall be returned to the original issuing authority in time.

Article 15

If, in the process of applying for automatic import licenses, any enterprise with foreign investment has any dispute with the local
department of foreign trade and foreign investment, it may apply for administrative reconsideration or institute an administrative
litigation.

Article 16

The Automatic Import Licenses shall be printed under the uniform supervision of the MOFTEC.

Article 17

The valid seal to be used on the Automatic Import License of the enterprises with foreign investment shall be the “Special Seal of
Enterprises with Foreign Investment for Automatic Import Licenses” (see Attachment V) which shall be made under the uniform supervision
of the MOFTEC.

Article 18

The power to interpret the present Detailed Rules shall remain with the MOFTEC and the State Administration of Customs. In case any
preceding relevant provision is inconsistency with the present Detailed Rules, the present Detailed Rules shall prevail.

Article 19

The present Detailed Rules shall take effect on the day when it is promulgated.

Attachment I: List of Names of the Issuing Authorities for Issuing Automatic Import Licenses to Enterprises with Foreign Investment

Attachment II: Application Form of Automatic Import Licenses (omitted)

Attachment III: Automatic Import License (omitted)

Attachment IV: Special Seal for Examining the Import of Enterprises with Foreign Investment

Attachment V: Special Seal for the Automatic Import Licenses of Enterprises with Foreign Investment Attachment I:List of Names of Issuing Authorities for Issuing Automatic Import Licenses to Enterprises with Foreign Investment

Ministry of Foreign Trade and Economic Cooperation

Beijing Municipal Commission of Foreign Trade and Economic Cooperation

Tianjin Municipal Commission of Foreign Trade and Economic Cooperation

Hebei Provincial Department of Foreign Trade and Economic Cooperation

Shanxi Provincial Department of Foreign Trade and Economic Cooperation

Inner Mongolia Autonomous Region Department of Foreign Trade and Economic Cooperation

Liaoning Provincial Department of Foreign Trade and Economic Cooperation

Dalian Municipal Commission of Foreign Trade and Economic Cooperation

Jilin Provincial Department of Foreign Trade and Economic Cooperation

Heilongjian Provincial Department of Foreign Trade and Economic Cooperation

Shanghai Municipal Working Commission of Foreign Investment

Jiangsu Provincial Department of Foreign Trade and Economic Cooperation

Zhejiang Provincial Department of Foreign Trade and Economic Cooperation

Ningbo Municipal Bureau of Foreign Trade and Economic Cooperation

Anhui Provincial Department of Foreign Trade and Economic Cooperation

Jujian Provincial Department of Foreign Trade and Economic Cooperation

Xiamen Municipal Working Commission of Foreign Investment

Jiangxi Provincial Department of Foreign Trade and Economic Cooperation

Shandong Provincial Department of Foreign Trade and Economic Cooperation

Qingdao Municipal Bureau of Foreign Trade and Economic Cooperation

Henan Provincial Department of Foreign Trade and Economic Cooperation

Hubei Provincial Department of Foreign Trade and Economic Cooperation

Hunan Provincial Department of Foreign Trade and Economic Cooperation

Guangdong Provincial Department of Foreign Trade and Economic Cooperation

Shenzhen Municipal Bureau of Foreign Trade and Economic Cooperation

Guangxi Zhuang Autonomous Region Office of Foreign Investment

Hainan Provincial Department of Foreign Trade and Economic Cooperation

Chongqing Municipal Commission of Foreign Trade and Economic Cooperation

Sichuan Provincial Department of Foreign Trade and Economic Cooperation

Guizhou Provincial Department of Foreign Trade and Economic Cooperation

Yunnan Provincial Department of Foreign Trade and Economic Cooperation

Tibet Autonomous Region Department of Foreign Trade and Economic Cooperation

Shaanxi Provincial Department of Foreign Trade and Economic Cooperation

Guansu Provincial Department of Foreign Trade and Economic Cooperation

Qinghai Provincial Department of Foreign Trade and Economic Cooperation

Ningxia Hui Autonomous Region Department of Foreign Trade and Economic Cooperation

Xinjiang Uygur Autonomous Region Department of Foreign Trade and Economic Cooperation

Xinjiang Production and Construction Corps Bureau of Foreign Trade and Economic Cooperation.



 
The General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation
2002-02-08

 







CIRCULAR OF THE MINISTRY OF FINANCE, THE STATE ADMINISTRATION OF TAXATION AND THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON THE ISSUES OF EXEMPTING THE VALUE-ADDED TAX FOR THE PURCHASE OF GOODS IN CHINA BY GRATUITOUS AID PROJECTS OF FOREIGN GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS






The Ministry of Finance, the State Administration of Taxation, the Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Finance, the State Administration of Taxation and the Ministry of Foreign Trade and Economic Cooperation
on the Issues of Exempting the Value-Added Tax for the Purchase of Goods in China by Gratuitous Aid Projects of Foreign Governments
and International Organizations

CaiShui [2002] No.2

January 11,2002

The departments (bureaus) of finance and the state taxation bureaus of all provinces, autonomous regions, municipalities directly
under the Central Government and municipalities separately listed on the State plan, and the bureau of finance of Sinkiang Production
and Construction Corps:

In order to promote China’s acceptance of gratuitous aids from foreign governments and international organizations and to guarantee
the successful implementation of the aid projects, the goods purchased in China by gratuitous aid projects of foreign governments
and international organizations shall, upon the approval of the State Council, be exempted from value-added tax from Aug.1, 2001,
and the units that sell the tax-free goods are allowed to offset the income tax of the tax-free goods with the sale tax of other
goods sold on domestic market.

The Measures for the Administration of Exempting Value-Added Tax for Purchase of Goods in China by Gratuitous Aid Projects of Foreign
Governments and International Organizations are hereby printed and distributed to you, please carry them out accordingly.

Attachment: Measures for the Administration of Exempting Value-Added Tax for Purchase of Goods in China by Gratuitous Aid Projects
of Foreign Governments and International Organizations (for trail implementation)

Attachment:Interim Measures for the Administration of Exempting Value-Added Tax for Purchase of Goods in China by Gratuitous Aid Projects of
Foreign Governments and International Organizations (for trail implementation)

Article 1

These Measures are hereby formulated in order to promote China’s acceptance of gratuitous aids from foreign governments and international
organizations and to do a good job in exempting the value-added tax for the purchase of goods in China by gratuitous aid projects
of foreign governments and international organizations.

Article 2

These Measures shall apply to the goods purchased within the territory of China by the gratuitous aid projects provided to China by
foreign governments and international organizations (see attachment 1 for the specific list), and apply to the domestic enterprises
that supply goods for the projects (hereinafter referred to as the supplier).

Article 3

After a gratuitous aid project is established, the purchaser of the goods needed by the aid project (hereinafter referred to as the
purchaser) shall, through the project unit, file the application for tax exemption both with the Ministry of Foreign Trade and Economic
Cooperation (hereinafter referred to as MOFTEC) and the State Administration of Taxation, and the contents of the application shall
include: name of the aid project, aid provider, unit receiving the aid, sale contract (copy) signed by the purchaser and the supplier,
etc., and shall fill in and submit the Particular Sheet of Goods Purchased in China by Gratuitous Aid Projects of Foreign Governments
and International Organizations (see attachment 2). Where the purchase is entrusted to others, it is required to submit the agreement
on entrustment and the information about the actual purchaser, including the unit name of the purchaser, the address, contact person
and contact phone number, etc.

The supplier shall, after signing the sale contract, submit the contract (copy) to the taxation organ of the place where the enterprise
is located for record.

Article 4

The MOFTEC shall, after receiving the application for tax exemption for purchase by the supplier and the project unit, examine the
truthfulness of the relevant project contents, and whether the goods purchased are needed for the aid project, etc. If no error has
been found after the examination, the MOFTEC shall issue the certifications for inerrability of the application to the State Administration
of Taxation.

Article 5

The State Administration of Taxation shall, after receiving the application for tax exemption of purchase by the supplier and the
project unit and the certifications issued by the MOFTEC, verify the relevant information about the goods purchased, for which the
application for tax exemption is filed, through the department in charge of taxation of the place where the supplier is located.
Given that the certifications issued by the department in charge of taxation are consistent with the relevant contents of the certifications
issued by the MOFTEC, the State Administration of Taxation shall grant the documents for tax exemption for sale of the relevant goods
by the supplier, and shall send copies to the Ministry of Finance, the MOFTEC and the purchaser at the same time.

Article 6

The supplier shall, on the basis of the tax exemption documents presented by the purchaser and according to the provisions of the
documents, sell goods to the purchaser at the price excluding the value-added tax.

The supplier shall file the application for tax exemption with the department in charge of taxation of the place where it is located.
And the department in charge of taxation of the place where the supplier is located shall, on the basis of the tax exemption documents
granted by the State Administration of Taxation, handle the procedures for offsetting the exempted sale tax with the income tax.

Article 7

The purchaser and the project unit may not alter the contents of the application for tax exemption for purchase and the Particular
Sheet of Goods Purchased in China by Gratuitous Aid Projects of Foreign Governments and International Organizations at will after
submitting them. Where alteration is really needed, they shall separately submit them for examination and approval according to the
procedures provided for by these Measures.

Article 8

The goods purchased free from tax must be used in the prescribed aid project, and may not be sold or used in other projects, otherwise
it shall be deemed as tax fraud, and shall be dealt with according to the relevant provisions of Article 66 of the Law of the Republic
of China on the Administration of Tax Collection.

Article 9

These Measures shall be put into practice on Aug. 1, 2001.

Attachment:

1. List of the International Organizations

2. Particular Sheet of Goods Purchased in China by Gratuitous Aid Projects of Foreign Governments and International Organizations
Attachment 1List of International Organizations

A.

Relevant organizations of the United Nations

(1)

United Nations Development Programme-UNDP

(2)

United Nations Environment Programme-UNEP

(3)

United Nations Conference on Trade and Development-UNCTAD

(4)

United Nations Population Fund-UNFPA

(5)

United Nations Children’s Fund-UNICEF

(6)

Office of the United Nations High Commissioner for Refugees-UNHCR

(7)

United Nation’s Economic Commission for Europe-UN/ECE

(8)

World Food Programme-WFP

(9)

Economic and Social Commission for Asia and the pacific-ESCAP

(10)

The Committee on the Peaceful Uses of Outer Space-COPUOS

B.

The intergovernmental institutions that have established relation with the United Nations

(11)

International Labour Organization-ILO

(12)

Food and Agriculture Organization of the United Nations-FAO

(13)

United Nations Educational, Scientific and Cultural Organization-UNESCO

(14)

World Health Organization-WHO

(15)

International Monetary Fund-IMF

(16)

International Development Association-IDA

(17)

International Bank for Reconstruction and Development-IBRD (World Bank)

(18)

International Finance Corporation-IFC

(19)

International Civil Aviation Organization-ICAO

(20)

Universal Postal Union-UPU

(21)

International Telecommunication Union-ITU

(22)

World Meteorological Organization-WMO

(23)

International Maritime Organization￿￿IMO

(24)

World Intellectual Property Organization￿￿WIPO

(25)

International Fund for Agricultural Development-IFAD

(26)

United Nations Industrial Development Organization-UNIDO

(27)

International Atomic Energy Agency-IAEA

(28)

World Trade Organization-WTO

C.

Other relevant international organizations and financial institutions

(29)

The International Federation of Red Cross and Red Crescent Societies-IFRCS

(30)

The International Committee of The Red Cross-ICRC

(31)

European Union-EU

(32)

Asia Pacific Economic Cooperation-APEC

(33)

Asia Development Bank-ADB

(34)

Japan International Cooperation Agency-JICA

(35)

Korea International Cooperation Agency-KOICA

(36)

International Planned Parenthood Federation-IPPF

(37)

International Mobile Satellite Organization-INMARSAT

(38)

League of Arab States-LAS

Attachment 2Particular Sheet of Goods Purchased in China by Gratuitous Aid Projects of Foreign Governments and International Organizations

Project name: Chinese project unit and the contact phone number:

Aid provider: Goods purchaser and the contact phone number: htm/e02911.htmGoods Name

￿￿

Goods Name

Specification and Type

Quantity

Unit Price

Total Sum

Supplier Name

Supplier Address

Supplier Contact Phone Number

Supplier Contact Person

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE (SAFE) ON ISSUES RELATED TO FOREIGN EXCHANGE ADMINISTRATION IN SMALL FRONTIER TRADE WITH RUSSIA AND OTHER COUNTRIES OF THE COMMONWEALTH OF INDEPENDENT STATES (CIS)

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange (SAFE) on Issues Related to Foreign Exchange Administration in Small Frontier
Trade with Russia and Other Countries of the Commonwealth of Independent States (CIS)

HuiFa [2002] No.88

September 16, 2002

SAFE branches in Heilongjiang Province, Inner Mongolia Autonomous Region, and Xinjiang Uygur Autonomous Region:

In order to guide and normalize frontier trade, improve foreign exchange administration, and further promote the development of foreign
trade and economic cooperation, a circular on issues related to the foreign exchange administration in small frontier trade with
Russia and other CIS countries is given hereunder:

1.

Small frontier trade in this Circular refers to trade between enterprises in our frontier regions who are authorized to run small
frontier trade (hereinafter referred to as “small frontier trade enterprises” or SFTEs) with enterprises, individuals, or other trade
entities in the frontier regions of Russia and other adjacent CIS countries at designated land border ports.

2.

Set up and improve bank settlement system in frontier regions, guide the settlement of small frontier trade into the banking system.
Commercial banks in frontier regions shall actively set up relationship of correspondent bank with commercial banks in frontier regions
of the adjacent countries, and open a direct settlement channel through the banking system. If a bilateral agreement on settlement
in the domestic currency has been signed between China and the adjacent country, commercial banks in the frontier region shall open
bilateral settlement accounts in the domestic currency as soon as possible with commercial banks in frontier regions of the adjacent
country, and make settlement in the domestic currency.

3.

Abolish the floor limit on export verification in renminbi or foreign currency under small frontier export. For small frontier export,
whatever the amount is, a SFTE shall apply for export proceeds verification paper in accordance with regulations on the administration
of export proceeds verification, and go through the procedure of customs declaration and paper delivery. The export proceeds verification
shall be conducted according to the rules stated below:

(1)

If the settlement is made in foreign exchange, the SFTE shall go through the procedure of export proceeds verification in accordance
with the Rules on the Administration of Export Proceeds Verification, Detailed Implementing Rules on the Administration of Export
Proceeds Verification, and other regulations on the administration of export proceeds verification.

(2)

If the settlement is made in foreign currency, the SFTE shall go through the procedure of export proceeds verification upon customs
declaration form of export, export proceeds verification paper, memo of sale of foreign currency issued by the bank, and invoices.

(3)

If the settlement is made in renminbi, the SFTE shall go through the procedure of export proceeds verification upon customs declaration
form of export, export proceeds verification paper, and reporting form for carrying renminbi in across the border verified by the
customs or proof of inward remittance of renminbi.

(4)

If the settlement is made in currency of the adjacent country, and the country has signed a bilateral agreement on settlement in domestic
currency with China, the SFTE shall go through the procedure of export proceeds verification upon customs declaration form of export,
export proceeds verification paper, and reporting form for carrying the currency of the adjacent country in across the border verified
by the customs or proof of inward remittance.

4.

If an SFTE collects the export proceeds by inward remittance to a resident individual, the SFTE shall have the name and account number
of the proposed receiving resident individual recorded at the SAFE office in advance. The bank shall mark the account upon the proof
issued by the SAFE office. After export, formalities of export proceeds verification shall be handled upon customs declaration form
of export, export proceeds verification paper, memo of sale of foreign exchange from the recorded account of the resident individual.

5.

SAFE offices in frontier regions shall distribute the export proceeds verification paper to SFTEs and handle the procedure of export
proceeds verification for them in accordance with the Rules on the Administration of Export Proceeds Verification and Detailed Implementing
Rules on the Administration of Export Proceeds Verification, and this circular; and examine their performance in collecting export
proceeds according to rules.

6.

SAFE branches shall inspect and urge commercial banks under their jurisdiction to implement the Circular of the People’s Bank of China
on Issues Related to the Administration of Foreign Currency (YinFa [2001] No.376) and the supplementary circular thereto related,
and the Detailed Implementing Rules on the Administration of Purchase of Foreign Exchange by Domestic Resident Individuals, instruct
commercial banks to open the business of purchasing foreign exchange from individuals in all their branches and sub-branches in frontier
regions that have been authorized to conduct the business of deposits in foreign currency, open the business of selling foreign exchange
to individuals and establish more networks in all their branches and sub-branches in frontier regions that have been authorized to
conduct the business of purchase and sale of foreign exchange, or the business of the exchange of foreign currencies. The Circular
of the People’s Bank of China on Adjusting the Policy on the Administration of Foreign Currency (YinFa [2001] No.283) shall be implemented
seriously. Bid and asked rates of foreign currency shall be further adjusted. Appropriate fluctuations within the prescribed range
are permitted. Sale of foreign currency to banks is encouraged. SAFE offices in frontier regions shall actively assist commercial
banks in frontier regions to conduct the business of foreign exchange sale and purchase by individuals in line with market conditions,
and do a good job of controlling risks and matching the demand and supply of different currencies.

7.

SAFE offices in frontier regions shall strengthen the statistics and analysis on small frontier trade, collect and summarize relevant
statistics in time, and report to the Current Account Department of the SAFE the Statistical Statement of Small Frontier Trade and
Verification for the previous month within the first 10 working days of every month.

8.

SAFE offices in frontier regions shall further strengthen the administration of foreign currency, actively solicit the support of
the local governments, cooperate with the local public security organs to crack down upon illegal foreign exchange transactions and
normalize the order of foreign exchange market.

9.

Violators of this circular shall be punished by the SAFE office concerned in accordance with the Regulations on the Exchange System
of People’s Republic of China and other foreign exchange regulations.

10.

SAFE offices in the frontier regions shall report the development of frontier trade and policies on foreign exchange administration
to local governments, actively cooperate with local governments in putting policies encouraging frontier trade into practice. Meanwhile,
they shall strengthen communication and cooperation with agencies in charge of foreign trade and economic cooperation, finance, and
taxation to make joint effort to normalize the administration of frontier trade, make use of various media such as newspapers, TV,
radio, and so on, and employ various ways such as forums, training courses, to familiarize SFTEs and persons concerned with policies
on foreign exchange administration.

11.

This Circular shall be experimentally implemented in Helongjiang Province, Inner Mongolia Autonomous Region, and Xiangjiang Uygur
Autonomous Region for the time being. SAFE branches in these regions shall formulate detailed implementing rules in accordance with
this Circular and report them to the Current Account Department of the SAFE for approval.

12.

This Circular shall enter into force as from October 1, 2002. In case of any contradiction with the provisions of previous regulations,
this Circular shall prevail. Upon receiving it, SAFE branches in Heilongjiang province, Inner Mongolia Autonomous Region, and Xinjiang
Uygur Autonomous Region shall transmit in time this Circular to the sub-branches under their jurisdiction and commercial banks in
frontier regions.

Attachment:

Statistical Statement of Small Frontier Trade and Verification (Omitted)

 
The State Administration of Foreign Exchange
2002-09-16

 




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...