PROTECTION OF CULTURAL RELICS LAW
| Law of the People’s Republic of China on Protection of Cultural Relics | |
MEASURES FOR MANAGEMENT OF PATENT AGENCIES
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| Law of the People’s Republic of China on Protection of Cultural Relics | |
MEASURES FOR MANAGEMENT OF PATENT AGENCIES
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The Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs Order of the Ministry of Foreign Trade and Economic Cooperation and the General Administration of Customs No.23 The “Rules for the Implementation of the Administration of Import Quotas for Machinery and Electronic Products”, which were, in accordance Minister of the Ministry of Foreign Trade and Economic Cooperation: Shi Guangsheng December 20, 2001 Rules for the Implementation of the Administration of Import Quotas for Machinery and Electronic Products Article 1 These Detailed Rules are enacted in accordance with the “Regulations of the People’s Republic of China on the Administration of Import Article 2 These Detailed Rules shall be applicable to the import by importing entities of machinery and electronic products under quotas inside Article 3 The Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China (hereinafter referred to as “the MOFTEC”) Article 4 The MOFTEC shall, through electronic network system or by other means, carry out exchanges, checks and feedbacks of data with the The institution in charge of foreign trade and economic cooperation of each province, autonomous region, municipality directly under Article 5 The MOFTEC shall, before July 31 of each year, promulgate the total quantity of the import quotas of the next year for the machinery The MOFTEC may, on the basis of its needs, adjust the total quantity of the annual quotas for machinery and electronic products, and Article 6 The qualifications and conditions for applying for import quotas for machinery and electronic products are as follows: (1) The entity applying for import shall have no such acts in violation of laws or regulations within the latest three years as evasion (2) The entity applying for import shall be enpost_titled to operate the products under the quotas in application; (3) The entity applying for import shall have the actual effective performance of importing and selling the products under the quotas (4) The entity applying for import shall have the capabilities of manufacture, sale, maintenance, provision of services and supply of (5) The entity applying for import shall be in a good financial status; (6) Newly increased entities applying for import do not have to fulfill the conditions provided for in Item (3) of this Article; (7) An applicant who applies for import quotas for its own use does not have to fulfill the qualifications and conditions provided for Article 7 The time for applying for and distributing the import quotas is as follows: (1) The entity applying for import shall, during the period from August 1 to August 31 of each year, submit to the MOFTEC the application (2) The MOFTEC shall, before October 31 of each year, distribute the quotas, and issue the “Attestations on Import Quotas for Machinery Article 8 The time for re-distributing the import quotas is as follows: (1) The importing entities holding quotas shall, no later than September 1 of each year, return the quota licenses which cannot be used (2) The MOFTEC shall, within 10 working days as of September 1 of each year, re-distribute the quotas stated in the returned quota licenses. Article 9 The principles for distributing the import quotas are as follows: (1) To guarantee the needs in scientific research, education, culture, hygiene and other commonweal careers if the goods are imported (2) To give priority to considering the applications of the importing entities with strong capability of manufacture, sale and provision (3) To consider the actual effective performance of the entities applying for import in respect of the import of products under the quotas (4) To consider distributing a certain proportion of the total quantity of annual quotas to the newly increased entities applying for (5) To properly increase the quantity of quotas of the next year upon request if the quotas of the last year have been used up; or To deduct the quantity of quotas of the next year if the quotas of the last year have not been used up and the remaining quotas are (6) Some certain import quotas shall be distributed in a method of bidding, and the specific measures for administration shall be enacted Article 10 The procedures for applying for the “Attestation on Import Quotas for Machinery and Electronic Products” are as follows: An entity Upon verification by the relevant local institution in charge of foreign trade and economic cooperation and the departmental office Article 11 The importing entity shall apply for and obtain the “Import Quota License” with the “Attestation on Import Quotas for Machinery and Article 12 The “Attestation on Import Quotas for Machinery and Electronic Products” shall be in quintuplicate with five sheets. The first sheet Article 13 Where, after obtaining the “Attestation on Import Quotas for Machinery and Electronic Products”, the importing entity needs to modify Article 14 Where the “Attestation on Import Quotas for Machinery and Electronic Products” is lost, the importing entity shall immediately report Article 15 For any entity who concludes contracts with foreign parties before applying for the “Attestation on Import Quotas for Machinery and Article 16 These Detailed Rules shall also be applicable in any of the following circumstances: (1) The imported parts of the products under quotas constitute the feature of a whole machine; (2) The products under quotas are imported in processing trade for manufacturing products of domestic sale or for the importer’s own use; (3) The products under quotas are imported by enterprises with foreign investment for manufacturing products of domestic sale or for their (4) The products under quotas are imported in such modes of trade as leasing trade, compensation trade, etc.; (5) The products under quotas are imported in such manners as gratis aid, donation or present in economic exchanges, etc.; (6) The products under quotas, which are purchased outside the territory by Chinese institutions abroad or Chinese enterprises carrying (7) Other circumstances separately provided for in laws and administrative regulations. Article 17 These Detailed Rules shall not be applicable in any of the following circumstances: (1) The products imported in processing trade are re-exported; (2) The products under quotas are imported into China’s bonded zones or export processing zones for re-export; (3) The products under quotas are temporarily imported under the supervision and administration of the customs; (4) The products under quotas are imported by enterprises with foreign investment for investment or for their own use; (5) Other circumstances separately provided for in laws and administrative regulations. Article 18 The power to interpret the present Detailed Rules shall remain with the MOFTEC. In case of any previous relevant provision inconsistent Article 19 These Detailed Rules shall enter into force on January 1, 2002. |
The Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs
2001-12-20
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The Ministry of Foreign Trade and Economic Cooperation Order of the Ministry of Foreign Trade and Economic Cooperation No.9 The Interim Rules on Placing Cases on File for Investigation for Taking Safeguard Measures has been adopted at the executive meeting Shi Guangsheng, Minister of the MOFTEC February 10, 2002 Interim Rules on Placing Cases on File for Investigation for Taking Safeguard Measures Chapter I General Provisions Article 1 The present Rules have been formulated on the basis of the Regulation of the People’s Republic of China for standardizing the procedures Article 2 The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) designates the Fair Import and Export Article 3 The MOFTEC may, upon the application of the applicant, decide to place a case on file or decide to place a case on file upon its own Chapter II Application Article 4 The natural persons, legal persons or other organizations (hereinafter referred to as the applicant) that are connected with the domestic Article 5 An application for investigation for taking safeguard measures shall be made in written form. The application shall clearly state Article 6 An application shall include the following contents: 1. An account of the information about the applicant; 2. An account of the imported products, similar domestic products or directly competing products applied for investigation; 3. Information about the known country (region) of export, the exporter, producer and importer of the imported product that have already 4. An account of the domestic industry; 5. An account of the increase in quantity of the imported product that is applied for investigation; 6. An account of the damages suffered; 7. An account of the causal relationship between the increase of import and the damages suffered; 8. Pleadings; 9. Other issues that the applicant believes necessary to make an account of. Article 7 With regard to the information about the applicant, the applicant shall provide the following materials: The name, legal representative, address, telephone number, zip code, fax number, person-to-contact, etc. of the applicant. Where the applicant has entrusted an agent, such information as the name and identification of the agent shall be stated and a letter Article 8 With regard to the imported product, similar domestic product or directly competing product, the applicant shall provide the following 1. A detailed account of the name, type, specifications, purposes of use, market situation, etc. of the imported product that is applied 2. The name, type, specifications, purpose of use, market situation, etc. of the similar domestic products or directly competing products; 3. A comparison of the differences and similarities between the imported product that is applied for investigation and the similar domestic 4. Other evidential materials that the MOFTEC believes of necessity to be submitted. Article 9 The applicant shall provide the names of the country (region) of export, the country (region) of origin of the imported product that Article 10 With regard to the information about the domestic industry, the applicant shall provide the following evidential materials: 1. The names, addresses and contact information of the known domestic producers and relevant societies and chambers of commerce; 2. The annual total amount of domestic production of the similar or directly competing products produced by all the producers within 3. The annual amount of production of the similar or directly competing products produced by the applicant each year and the shares in 4. Other evidential materials that the MOFTEC believes of necessity to be provided. Article 11 With regard to the increase of amount of the imported product that is applied for investigation, the applicant shall provide the following 1. The amount and value of the product imported each year within at least 5 years prior to the filing of application, which shall be 2. The absolute amount of export of all countries (regions) of export of the imported product that is applied for investigation within 3. The shares of the imported product that is applied for investigation and the similar domestic products or directly competing products 4. An analysis of reasons of the increase of import, including such considerations as but not limited to the rate of import tariff levied 5. Other evidential materials that the MOFTEC believes of necessity to be provided. Article 12 Where an application is filed on the ground that the increase of import has caused serious damages to the domestic industry, the applicant 1. All the relevant objective or quantifiable elements or indicators that affect the situation of the domestic market. Particularly, 2. Evidential materials concerning the effects of the prices of the imported product that is applied for investigation upon the prices 3. Other evidential materials that the MOFTEC believes of necessity to be provided. Article 13 Where an application is filed on the ground that the increase of import is in the threat of causing serious damages to the domestic 1. The export capacity, repertory of the country of export of the imported product that is applied for investigation and evidential materials 2. The trend of changes of obvious approaching of the elements or indicators as mentioned in Article 12 (1) of the present Rules. Article 14 When the applicant claims that the imported product applied for investigation affect the domestic industry and provides evidential Article 15 With regard to the causal relationship between the increase of import and the damages, the applicant shall analyze the above-mentioned When proving the causal relationship between the increase of import and the damages to the domestic industry, any of the known elements Article 16 The applicant shall specify his pleadings for taking safeguard measures in the application; he may specify the form of safeguard measures Article 17 Where the applicant pleads for taking interim safeguard measures at the same time, he shall provide evidences that prove the increase Article 18 The applicant shall, when providing the evidential materials as mentioned in this chapter, specify the sources of the evidences. Article 19 If an application involves any confidential materials, the applicant shall apply for keeping secret. With regard to the confidential Article 20 The application for investigation for taking safeguard measures and the relevant evidential materials shall be submitted in print If the evidential materials provided by the applicant are in any foreign language, the applicant shall provide the foreign-language Article 21 The application and the attached evidential materials shall include a confidential version (where the applicant pleads for keeping Article 22 The applicant shall provide the electronic data version of the application and the evidential materials according to the computer Article 23 The applicant shall submit the application and the evidential materials to the Fair Import and Export Trade Bureau by way of post Article 24 The official application and the evidential materials submitted by the applicant shall be signed to acknowledgment of receipt by the Article 25 Before placing a case on file and making a public announcement, the MOFTEC shall keep the materials submitted by the applicant as Chapter III Placing a Case on File Article 26 The Fair Import and Export Trade Bureau may investigate the issues of the application and the evidential materials including the qualifications Article 27 The MOFTEC shall, as a general rule, decide whether to place the case on file within 60 days after receiving the written application Article 28 The Fair Import and Export Bureau may, within the time period as prescribed in Article 27 of the present Rules, request the applicant Article 29 Where the MOFTEC decides to place a case on file, it shall inform the applicant of the decision not to place the case on file together Article 30 Where the MOFTEC decides to place the case on file, it shall make a public announcement. The public announcement shall clearly specify the following contents: 1. The name and specifications of the imported product that is applied for investigation; 2. The country (region) of the imported product that is applied for investigation; 3. A summary account of the materials on which the place of the case on file is based; 4. The date when the investigation for taking safeguard measures is initiated; 5. The time limit of investigation for taking safeguard measures; 6. The time limit for the interested parties to make comments; 7. The contact information of the investigation organs. Article 31 The MOFTEC shall inform the Committee for Safeguard Measures of the WTO within 7 working days after deciding to place the case on Article 32 The day when the case is place on file for investigation for taking safeguard measures shall be the day when the decision to place Chapter IV Placing Cases on File by the MOFTEC on Its Own Initiatives Article 33 Where the MOFTEC does not receive any written application for taking safeguard measures but has sufficient evidences to believe that Article 34 Where the MOFTEC places a case on file on its own initiative and makes investigations for taking safeguard measures, the evidential Chapter V Supplementary Provisions Article 35 The power to interpret the present Rules shall remain with the MOFTEC. Article 36 The present Rules shall enter into force as of March 13, 2002. |
The Ministry of Foreign Trade and Economic Cooperation
2002-02-10
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The General Customs Administration Announcement of the General Administration of Customs on Amending Article 2 of the Measures of the Customs of the People’s Republic [2002] No.7 April 17, 2002 Pursuant to the Measures of the Customs of the People’s Republic of China for Supervision over Goods Transferred Between Customs (hereinafter I. The customs seal is not required under the condition that the commercial seal remains intact for containerized cargo transfer or transit II. In order to ensure efficient supervision, the customs shall handle cargo transfer between customs with no customs seal requirement 1. The number of the commercial seal shall be entered into the transfer declaration from under the item of “customs locking number.” 2. The entry customs and the shipment customs shall, based on the manifest and the bill of railway freight, decide upon a certain proportion 3. The Supervision Measures remains valid except for conditions specified hereinabove. III. For cargos transferred between customs that have been unsealed for checking or reshipped in other containers, the customs seal is The Announcement will enter into force as of April 25, 2002. This is hereby notified. |
The General Customs Administration
2002-04-17
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e03190,e03189200209252002093020060317China Internet Network Information Centreepdf/e03188.pdfGDomain Name, internet, Domain Name Dispute, Domain Name Registratione03188CNNIC Domain Name Dispute Resolution PolicyChina Internet Network Information CentreSeptember 25, 2002Article 1 This Policy is formulated in accordance with relevant Chinese laws, administrative regulations and policies, as well as the provisions of the “China Internet Domain Names Regulations”, in order to resolve the domain name disputes on the Internet.Article 2 This Policy is applied to resolve the disputes stemming from registration or use of the .CN domain names and Chinese domain names, which are subject to the management of the China Internet Network Information Centre (“CNNIC”).Article 3 The Domain name disputes shall be resolved with the Dispute Resolution Service Providers recognized by CNNIC.The Dispute Resolution Service Providers shall, in accordance with this Policy and the Rules for CNNIC Domain Name Dispute Resolution Policy, formulate the supplemental rules of dispute resolution procedure and Panellist appointment.Article 4 The Dispute Resolution Service Providers shall implement a system whereby Panels of experts are responsible for the resolution of disputes. The Panels are composed of one or three Panelists, who have expertise on computer networks and laws, possess a high sense of professional ethics and are capable of rendering independent and unbiased Decisions in domain name disputes. The List of the Panelists shall be published on line by the Dispute Resolution Service Providers, and the Complainants and the Respondents may select the Panelists there from.Article 5 Any institution or person who considers that a registered domain name conflicts with the legitimate rights or interests of that institution or person may file a Complaint with any of the Dispute Resolution Service Providers.Upon the acceptance of the Complaint, Dispute Resolution Service Providers shall form a Panel in accordance with the procedural rules. The Panel shall, in accordance with this Policy, the relevant procedural rules, and the principle of independence, impartiality and convenience, render a Decision to the dispute within 14 days from the date of the appointment of the Panel.Article 6 The language of the domain name dispute resolution proceeding shall be Chinese, unless otherwise agreed by the parties or determined by the Panel.Article 7 The Complainant and the Respondent shall bear the burden of proof for their own claims.Article 8 Support of a Complaint against a registered domain name is subject to the following conditions:(1)the disputed domain name is identical with or confusingly similar to the Complainant’s name or mark in which the Complaint has civil rights or interests;(2)the disputed domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain name;(3)the disputed domain name holder has registered or is being used the domain name in bad faith.Article 9 Any of the following circumstances may be the evidence of the registration or use of a domain name in bad faith:(1)the disputed domain name holder has registered or acquired the domain name for the purpose of selling, renting or otherwise transferring the domain name to obtain unjustified benefits;(2)the disputed domain name holder registered the domain name in order to prevent the owners of the name or mark from reflecting the name or the mark in a corresponding domain name, provided that the domain name holder has been engaged in a pattern of such conduct;(3)the disputed domain name holder has registered or acquired the domain name for the purpose of damaging the Complainant’s reputation, disrupting the Complainant’s normal business or creating confusion with the Complainant’s name or mark so as to mislead the public;(4)other circumstances which may prove the bad faith.Article 10 If a Complainant files Complaints against multiple domain names owned by the same domain name holder, the Complainant or the Respondent may request that the Dispute Resolution Service Providers consolidate the disputes before a single Panel. The Panel may determine whether to make the consolidation.Article 11 Before the Panel makes the Decision to a dispute, either party who believes that any of the Panelists has a material interest in the opposite party and the material interest could influence the impartiality of the Decision may request the Dispute Resolution Service Provider to ask the Panelist to withdraw from the Panel. In the request, the facts and reasons shall be stated and the supporting evidence be provided. Dispute Resolution Service Provider shall have the discretion to determine whether the Panelist shall withdraw.Article 12 CNNIC and the registrars shall not participate in the domain name resolution proceedings in any capacity or manner other than providing the information relevant to the registration and use of the domain name upon the request of the Dispute Resolution Service Providers.Article 13 The Panel shall make the Decisions on the basis of the facts related to the dispute and the evidence submitted by the Complainant and the Respondent.Where the Panel supports the Complaint, the registered domain name shall be cancelled or transferred to the Complainant; otherwise, the Complaint shall be rejected.Article 14 Before a Complaint is filed pursuant to this Policy, or during the dispute resolution proceedings, or after the expert Panel has rendered its Decision, either party may institute an action concerning the same dispute with the Chinese court at the place where CNNIC ‘s principal office is located or subject to the agreement between the parties, submit the dispute to a Chinese arbitration institution for arbitration.Article 15 If the Dispute Resolution Service Provider rules in its Decision to cancel the registered domain name or to transfer it to the Complainant, the domain name Registrar, before enforcing the Decision, shall wait 10 calendar days calculating from the date on which the Decision is published. If during such waiting period the Respondent submits valid proof attesting that a competent judicial authority or arbitration institution has accepted the relevant dispute, the registrar shall not enforce the Decision of the Dispute Resolution Service Provider.After the Decision of the Dispute Resolution Service Provider is suspended, the Registrar shall take the further action as follows:(1)if any proof attests that the parties have reached a settlement by themselves, the Registrar shall enforce such settlement.(2)if any proof attests that the party that instituted the judicial action or applied for arbitration has withdrawn the Complaint or the relevant action or Complaint has been rejected, the Registrar shall enforce the Dispute Resolution Service Provider’s Decision;(3)if the judicial authority or arbitration institution has rendered a judgment or an award that has become legally effective, the Registrar shall enforce such judgment or award;Article 16 During the dispute resolution proceedings and 10 calendar days after the Decision is published, the domain name holder shall not apply for the transfer or cancellation of the disputed domain name, unless the transferee agrees in writing to accept the Decision of the Dispute Resolution Service Provider.Article 17 A Dispute Resolution Service Provider shall establish a dedicated website, receive Complaints concerning domain name disputes on line and make relevant materials concerning the domain name dispute cases publicly available. However, the Dispute Resolution Service Provider, upon the request of the Complainant or the Respondent, may keep confidential materials and information that may cause damage to the interests of the party if made publicly available.Article 18 CNNIC has the right to amend this Policy in accordance with the development of the Internet and the domain name system and revision of the relevant Chinese laws, administrative regulations and policies, etc. The amended Policy will be published on the website and be implemented 30 calendar days after the date of publication. The amended Policy shall not apply to domain name disputes that had been submitted to a Dispute Resolution Service Provider prior to the amendment of this Policy.The amended Policy will automatically become a part of existing domain name registration agreements between the domain name holder and the Registrar. If a domain name holder does not agree to be bound by the Policy or its amended version thereof, he shall notify the Registrar in a timely manner. The Registrar will continue the domain name services for the domain name holder for 30 calendar days after the receipt of such notification and cancel the relevant domain name registration after the passage of the 30 calendar days.Article 19 This Policy is subject to the interpretation of CNNIC.Article 20 This Policy shall be implemented since September 30, 2002. Chinese Character Domain Name Dispute Resolution Policy (Trial Implementation) ceases effect simultaneously. |
China Internet Network Information Centre
2002-09-25
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The Ministry of Communications Circular of the Ministry of Communications on Strengthening the Administration of Tramp Ship Transport Across Taiwan Strait JiaoShuiFa [2002] No.552 November 26, 2002 The communications departments (bureaus, commissions) and maritime bureaus of the provinces, autonomous regions and municipalities In accordance with the Measures for the Administration of Shipping Across Taiwan Strait promulgated by the Ministry of Communications During the recent years, the Ministry of Communications have effectively administered the across-strait liner transport, which is In order to strictly execute the regulations and to promote the realization of complete and straight navigation across Taiwan Strait, To apply for undertaking across-strait tramp ship transport after January 1, 2003, the applicant shall be a ship company registered The application process shall follow the relevant provisions of the Measures for Administration of Shipping Across Taiwan Strait (Decree The application materials shall include: written application, sample of the ocean bill of lading used by the applicant ship company, The Ministry of Communications shall issue the License for Waterway Transport Across Taiwan Strait and the Certificate of Ship Operation From January 1, 2003, the relevant departments of the ports shall make strict inspections, and shall seriously deal with the ship |
The Ministry of Communications
2002-11-26
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Circular of the Ministry of Commerce on the Pilot Work concerning the Examination and Approval of Overseas Investments Shang He Zi [2003] No. 16 The foreign trade and economic cooperation commissions (departments or bureaus) of Beijing City, Tianjin City, Shanghai City, Jiangsu In order to accelerate the “going global” strategy and encourage the relatively advantageous enterprises of various type of ownership 1. In accordance with the requirements of pilot documents, the foreign trade and economic cooperation administrative department of each 2. For the purpose of keeping updated of the new situations happening in the outbound investments of China, when an applicant makes an 3. In the reply to an enterprise, a local administrative department shall make a clear requirement for the enterprise to register in 4. Any local administrative department may not grant the power of examining and approving overseas investments to any inferior entity 5. All pilot entities shall make a brief summary on the pilot work by the end of each quarter and give a report concerning the problems,
Appendix: Archival Filing Form of Overseas Enterprises (Institutions) Applying for an Approval Certificate Seal of Entity: Date of Filing: Monetary Unit: (USD 10, 000)
Notes: 1. The Archival Filing Form may be printed by any entity in accordance with this format. 2. The words as follows shall be filled in the column "Industry in which the overseas enterprise falls", the import & export, transportation, tourism, project contracting, research and development, consulting, machinery manufacturing, electronics and household appliances, light industry, textiles, clothing processing, agricultural development, oil resource development, mineral resource development, smelting, fishery, real estate development as well as investment and controlling shares. 3.Only the contents as follows shall be filled in the column "Overseas Institution", the name, address, sponsor, business scope, workers assigned abroad as well as approval document. 4. The contents filled in the archival filing form shall be genuine, accurate and complete and shall be consistent with those in the approval document. 5. The archival filing form shall be valid after bearing the official seal of the local foreign trade and economic cooperation administrative department.
NOTICE OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON RELEVANT ISSUES CONCERNING FOREIGN EXCHANGE CONTROL ON INDIVIDUAL FOREIGN TRADE OPERATIONS
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