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MEASURES FOR THE ADMINISTRATION OF OPERATING LICENSES FOR HAZARDOUS CHEMICALS

The State Economic and Trade Commission

Order of the State Economic and Trade Commission of the People’s Republic of China

No.36

The Measures for the Administration of Operating Licenses for Hazardous Chemicals, which were adopted at the directors’ executive
meeting of the State Economic and Trade Commission, and are hereby promulgated for implementation on November 15, 2002.

Director of the State Economic and Trade Commission Li Rongrong

October 8, 2002

Measures for the Administration of Operating Licenses for Hazardous Chemicals

Chapter I General Rules

Article 1

In order to strengthen the safety administration of hazardous chemicals, to regulate the operation and marketing of hazardous chemicals
and to guarantee the safety of the lives and property of the people, the present Measures have been formulated in accordance with
the Law of the People’s Republic of China on Safe Production and the Regulations on the Safety Administration of Hazardous Chemicals.

Article 2

Those engaging in the operation and marketing of hazardous chemicals within the People’s Republic of China shall be governed by the
present Measures.

The present Measures shall not apply to the operation of explosives, radioactive materials, nuclear energy materials to be used for
civil purpose and urban gas.

Article 3

The state shall apply a license system for the operation and marketing of hazardous chemicals. An entity operating and marketing hazardous
chemicals shall obtain the operating license for hazardous chemicals (hereinafter referred to as the operating license) pursuant
to the present Measures, and shall apply for registration with the department of industry and commerce administration on the basis
of the operating license pursuant to law. Without the operating license or industry and commerce registration, no entity or individual
may operate or market hazardous chemicals.

Article 4

Operating licenses are divided into type A and type B. An entity with the operating license of type A may operate and market highly
toxic chemicals and other hazardous chemicals; an entity with operating license of type B may only operate and market the hazardous
chemicals other than highly toxic chemicals.

Operating licenses of type A shall be subject to examination and approval, and issued by the departments in charge of economy and
trade of the people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government or
the departments of safe production supervision and administration entrusted thereby (hereinafter referred to as license-issuing bodies
at the provincial level); operating licenses of type B shall be subject to examination and approval, and issued by the departments
responsible for the comprehensive safety supervision and administration of hazardous chemicals of the people’s governments at the
level of city divided into districts (hereinafter referred to as license-issuing bodies at the city level). The operating license
of product oil shall be subject to the administration of the operating license of type A.

Article 5

The State Bureau of Safe Production Supervision and Administration shall be responsible for the supervision and administration of
the examination and approval, and issuance of the operating licenses of the whole country.

The license-issuing bodies at the provincial level and those at the city level shall be responsible for the supervision and administration
of the operating licenses within their respective administrative areas.

Chapter II Application and Examination & Approval of Operating License

Article 6

An entity operating and marketing hazardous chemicals (hereinafter referred to as operating entity) shall meet the following conditions:

1)

The places, facilities and constructions for operation and storage shall meet the Criteria for Fire Control in Construction Design
(GBJ16), the Provisions on the Safety of Explosion Hazardous Places and the Rules on Fire Control of Warehouses etc, and the constructions
shall pass the examination conducted by the bodies of public security and fire control before being accepted;

2)

The conditions for operation and storage shall meet the Practice Conditions and Technical Requirements for Operating Enterprises of
Hazardous Chemicals (GB18265), and the General Rules on Storage of Common Hazardous Chemicals (GB15603);

3)

The major principals, executives, safe production management personnel and business staff of the entity shall receive professional
training, pass the examination and obtain the qualifications for their respective positions;

4)

Having sound safety management systems and safety position-based operation rules;

5)

Having its own advance scheme on emergent accident rescue.

Article 7

An entity applying for operating license may choose the qualified safety evaluation agency by itself to make safety evaluation of
its operation conditions.

Article 8

A safety evaluation agency shall evaluate whether the entity applying for operating license meets the all the conditions provided
for in Article 6 of the present Measures, and produce safety evaluation reports.

Article 9

An entity applying for type A operating license shall file the application with the license-issuing body at the provincial level,
an entity applying for type B operating license shall file the application with the license-issuing body at the city level, and submit
the following materials:

1)

Application Form for Operating License for Hazardous Chemicals;

2)

Safety evaluation report;

3)

Copies of the documents of examination and acceptance of fire control conditions of the places and constructions for operation and
storage;

4)

Copies of the certifications of post_title or lease of the places and facilities for operation and storage;

5)

Copies of the professional training certificates of the major principals, executives, safe production management personnel and business
staff of the entity;

6)

Safety management systems and safe post operation rules.

Article 10

A license-issuing body shall, within 30 days after receiving the application, make examination and on-spot verification of the materials
submitted by the applicant, and issue the operating license to the applicant that meets the conditions; and notify by written form
the applicant that fails to meet the conditions, and explain the reasons.

Article 11

An operating license shall indicate the following information:

1)

Name of the operating entity;

2)

Domicile of the operating entity (address and operation place);

3)

Name of the legal representative or principal of the operating entity;

4)

Economic type of the operating entity;

5)

Approved business scope (names shall be indicated for highly toxic chemicals, and categories shall be indicated for other hazardous
chemicals; oil names shall be indicated for product oil);

6)

Date of license issuance and valid term;

7)

Certificate number.

Article 12

If an operating entity alters, expands or removes its operation or storage place, or expands the approved business scope, it shall
apply for a new operating license in advance.

If an operating entity alters its name, economic type or the legal representative or principal registered, it shall apply for going
through alteration formalities and for replacing the operating license with the original license-issuing body within 20 workdays
from the day of alteration.

Article 13

The valid term of an operating license is 3 years. If an operating entity continues the operation of hazardous chemicals after the
expiration, it shall apply for replacing the license with the original license-issuing body within 3 months before the expiration
of the valid term of the operating license, and draw the new license after passing the examination.

Article 14

A license-issuing body shall notify the departments of public security and environment protection at the corresponding level about
the issuance of operating licenses in good time.

Article 15

An operating entity may not transfer, trade, lease, lend, forge or alter the operating license.

Chapter III Supervision and Administration of Operating Licenses

Article 16

A license-issuing body shall stick to the principles of openness, fairness and justice, and, in the examination and approval and issuance
of operating licenses, strictly follow the conditions and procedures provided for in the laws, regulations, rules and standards.

Article 17

A license-issuing body shall strengthen the supervision and administration of operating licenses, and establish and perfect the systems
of examination and approval, and issuance archive management of operating licenses.

Article 18

A license-issuing body at the city level shall report the examination and approval as well as the licenses issued each year to the
license-issuing body at the provincial level for record, and issuance of operating licenses within its administrative area of the
year. The license-issuing bodies at the provincial level shall report the examination and approval as well as the licenses issued
within its administrative area of the year to the State Bureau of Safe Production Supervision and Administration for record.

Article 19

A license-issuing body shall supervise and inspect the entities that have obtained the operating licenses within its administrative
area. An operating entity shall accept the supervision and inspection carried out by the license-issuing body pursuant to law, and
may not refuse or frustrate without due causes.

Chapter IV Penalty Procisions

Article 20

Those engaging in the operation of hazardous chemicals without the operating license shall be punished by the license-issuing bodies
at the provincial level or city level pursuant to Article 57 of the Regulations on the Safety Administration of Hazardous Chemicals.

Article 21

If an operating entity conducts any of the following acts in violation of the present Measures, the license-issuing body shall revoke
its operating license:

1)

Obtaining the operating license by providing false certifications or other deceitful means;

2)

No longer meeting the basic conditions for operating and marketing hazardous chemicals;

3)

Transferring, trading, leasing, lending, forging or altering the operating license.

Article 22

If the functionary of the license-issuing bodies seek private benefit through wrongful means, abuse their powers, commits frauds,
or neglect their duties, they shall be given administrative sanctions of demotion or removal pursuant to Article 55 of the Regulations
on the Safety Administration of Hazardous Chemicals; if a crime is constituted, the offender shall be subject to criminal liabilities.

Article 23

If an agency undertaking the safety evaluation produces false evaluation reports, the department of safe production supervision and
administration at or above the provincial level shall confiscate the illegal gains and impose on that agency a fine of no more than
30,000 yuan; if there is no illegal gains, a fine of no more than 20,000 yuan shall be imposed; and the department that granted qualification
to that agency shall be suggested to revoke the qualification certificate; if a crime is constituted, the offender shall be subject
to criminal liabilities.

Chapter V Supplementary Rules

Article 24

If a production entity of hazardous chemicals markets the hazardous chemicals produced thereby, it need not apply for the operating
license any more, however, if it markets hazardous chemicals not produced by it or sets up marketing spots outside the factory, it
shall still apply for the operating license.

Article 25

The entities that have obtained the operating license before the present Measures take effect shall apply for a new operating license
within 6 months from the day on which the present Measures take effect. Those failing to do so may not continue the operation and
marketing of hazardous chemicals any more.

Article 26

The operating licenses shall be uniformly printed by the State Bureau of Safe Production Supervision and Administration.

Article 27

The power to interpret the present Measures shall be authorized to the State Bureau of Safe Production Supervision and Administration.

Article 28

The present Measures shall enter into force on November 15, 2002.



 
The State Economic and Trade Commission
2002-10-08

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE (SAFE) ON REFORM OF MODE OF EXCHANGE ADMINISTRATION RELATED TO DOMESTIC FOREIGN EXCHANGE LOANS

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange (SAFE) on Reform of Mode of Exchange Administration related to Domestic Foreign
Exchange Loans

HuiFa [2002] No.125

December 6, 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; designated Chinese-funded foreign exchange banks:

For the purpose of facilitating the availability of domestic foreign exchange loans (DFEL) to domestic corporate companies and the
management of loan assets by financial institutions, SAFE has decided to implement a nation-wide reform of the mode of exchange administration
related to DFELs (the Reform), on the basis of experience acquired from experimental reforms in parts of the country. Relevant matters
are notified hereunder:

1.

The reform intends to change the current mode of handling registration of DFELs by borrowers on a case-by-case basis, to the mode
of periodic aggregate registration by lenders of DFELs at SAFE branches or sub-branches or exchange administration offices (hereinafter
referred to as SAFE offices). The Chinese-funded banks extending DFELs shall register periodically their foreign exchange loans with
SAFE offices, report on the change of their DFELs, and be responsible on their own for examining the authenticity and compliance
related to opening of special foreign exchange accounts for DFELs and debt service payments, and need not ask for approval from SAFE
offices.

2.

The reform shall be limited to self-managed proprietary foreign exchange loans extended by Chinese-funded financial institutions (hereinafter
referred to as the lender or lenders) to non-financial domestic entities (hereinafter referred to as the borrower or borrowers).
On-lending of external debt is excluded.

3.

Registration of DFELs. All lenders shall register their DFEL transactions with SAFE offices according to relevant requirements, that
is, they shall, within the first 5 working days of each month, fill in the Form of Lender’s Aggregate Registration of DFELs (Attachment
1), the Feedback Form on the Change of DFELs (Attachment 2) and the Aggregate Data Form on DFEL Transactions (Attachment 4) for such
transactions carried out in the previous month, and submit them to relevant SAFE offices.

4.

Special foreign exchange accounts for DFELs (SACC). The lender is authorized to examine and approve the application by the borrower
for opening or cancelling a SACC, and shall, within the first 5 working days of each month, report to relevant SAFE office by filling
in the Monthly Report of SACCs (Attachment 3) and the Aggregate Data Form on DFEL Transactions (Attachment 4).

When the lender is a bank, the borrower is required to open a SACC only in the lending bank or a bank located in the city where the
borrower is incorporated; when the lender is a non-bank financial institution, the borrower is required to open a SACC only in the
lender’s agent bank or a bank located in the city where the borrower is incorporated.

If the lender is not the bank with which the borrower has opened a SACC (the account bank), the lender shall write a letter of notification
for SACC to the account bank, signed, stamped with its business seal, and marked with these words: “The authenticity and compliance
of the transaction have been examined in accordance with exchange regulations on DFEL issued by the State Administration of Foreign
Exchange. (Name of the account bank) is kindly asked to open (or cancel) a SACC for the borrower.” The account bank shall open or
cancel the SACC for the borrower only upon the presentation of the lender’s letter of notification for SACC.

The receipts to and payments from a SACC shall be limited to: on the credit side, DFEL proceeds and the borrower’s funds transferred
to the account for debt service; on the debit side, borrower’s debt service, payments made by the borrower under current account
and approved payments under capital account. The borrower’s funds for debt service purposes shall be transferred to the SACC no earlier
than 5 working days before the loan maturity date or the date when the relevant debt service payment is to be actually made. Only
one SACC is permitted for each DFEL, and shall be cancelled when the implementation of the loan contract is completed.

5.

Debt service for DFEL. When the borrower services a DFEL with its own foreign exchange or by purchasing foreign exchange, the lender
is responsible for examining the authenticity and compliance of the repayment transactions and reporting monthly (attachment 2) to
the SAFE office in the city where it is located. The lender shall require the borrower to present proving documents such as foreign
exchange account statements and Confirmation for Enterprise’s Own Foreign Exchange (attachment 5). The borrower shall first use its
own foreign exchange for debt service; and may purchase foreign exchange only when shortfall occurs.

When the lender is a bank, the borrower is required to purchase foreign exchange and make debt service payments only in the lending
bank or a bank located in the city where the borrower is incorporated; when the lender is a non-bank financial institution, the borrower
is required to purchase foreign exchange and make repayments only in the lender’s agent bank or a bank located in the city where
the borrower is incorporated.

If the lender is not the bank where the borrower purchases foreign exchange or makes debt service payments, the lender shall write
a letter of notification for debt service to the borrower, signed, and stamped with its business seal, and marked with these words:
“The authenticity and compliance of the transaction have been examined in accordance with exchange regulations on DFELs issued by
the State Administration of Foreign Exchange. (Name of the bank) is kindly asked to sell foreign exchange to or make payments for
the borrower.” The bank shall sell foreign exchange to or make payments for the borrower only upon the presentation of the lender’s
letter of notification for debt service.

Application for purchase of foreign exchange related to debt service shall be filed by the borrower. However, if the lender acquires
Renminbi funds previously owned by the borrower, by legal means such as court’s verdict, judgement of an arbitrator, liquidation
of secured assets or seizure of bond deposits, and the borrower is not in a position to make an application for purchasing foreign
exchange due to justified reasons, the lender is permitted to apply on behalf of the borrower to the SAFE branch in the city where
the lender is located for purchasing foreign exchange. The SAFE branch shall examine the authenticity and compliance of the purchase
according to relevant rules, approve the transaction, and then cancel or reduce the related DFEL registration records.

6.

DFEL funds shall not be permitted to be converted into Renminbi by the borrower, with the exception of outward documentary loans and
packing loans whose conversion may be authorized by the lender.

7.

SAFE offices and lenders conducting DFEL business shall complete preparatory work for the change of the mode of DFEL registration
before December 31, 2002. For the implementation of this reform, SAFE offices shall strengthen the training of lenders’ staff responsible
for foreign exchange transactions, and urge lenders to reconcile their records of DFELs and SACCs with SAFE offices before the reform.
All of borrowers’ registration records for DFELs shall be cancelled by SAFE offices when the reform starts, and no longer serve as
proving documents for borrowers to apply for purchasing foreign exchange or making payments.

8.

Lenders shall put in place sound internal control rules on DFELs, and report to relevant SAFE offices for record. SAFE offices shall
conduct periodic or occasional reviews on the implementation of lenders’ internal control rules, statistics and reporting rules,
staff’s competency and foreign exchange business. Where there is irregularity, the SAFE office shall order the lender to correct
in a time limit; if correction is not made in due time, criticize the lender in a public circular, or impose penalty on it in accordance
with relevant regulations.

9.

SAFE offices shall strengthen post supervision on lenders, and urge them to report required data on time. SAFE offices shall conduct
regular off-site review on data relating to DFELs reported by lenders, and conduct periodic or occasional on-site review on operations
such as lender’s aggregate registration, opening or cancellation of SACCs and examination of debt service payments.

10.

Lenders shall report data to SAFE offices in the cities where they are located according to relevant regulations. Lenders shall report
data via the Management Information System for Foreign Exchange Accounts in cities where the system has been in operation. In cities
where the system is not in place, lenders shall report data by providing soft disks or by filling in forms made of paper. Lenders
shall make vigorous efforts to realize electronic connection with SAFE offices as soon as possible.

11.

SAFE branches shall report DFEL data to the Head Office according to relevant regulations via Forms on the Statistics and Monitoring
System for Capital Account Transactions.

12.

SAFE branches shall give wide publicity to the DFEL reform through local media.

13.

This Circular shall enter into force as of January 1,2003. Circular on the Experimental Reform of Domestic Foreign Exchange Loan
(HuiFa [2001] No.142) promulgated by the SAFE on August, 2001 shall be nullified. Where previous provisions contradict with this
Circular, this Circular shall prevail.

Attachment:

1. Form of Lender’s Aggregate Registration (Omitted)

2. Feedback Form on Change of DFEL (Omitted)

3. Monthly Report on SACCs (Omitted)

4. Aggregate Data Form on DFEL Transactions (Omitted)

5. Confirmation for Enterprise’s Own Foreign Exchange (Omitted)



 
The State Administration of Foreign Exchange
2002-12-06

 






CIRCULAR ON THE ISSUES RELATING TO THE CONDITIONS FOR THE LISTING AND TRANSACTION OF THE STOCKS OF TAKEN-OVER COMPANIES INVOLVED IN TENDER OFFER

e00283,e00241,e031252003052020030520The China Securities Regulatory Commissionepdf/e03139.pdfe03139Itender offer, stock, list, transaction, conditionCircular on the Issues Relating to the Conditions for the Listing and Transaction of the Stocks of Taken-over Companies Involved in
Tender OfferZhengJianGongSiZi [2003] No.16May 20, 2003Shanghai and Shenzhen Stock Exchanges and Public Listed Companies:According to the relevant provisions of the Company Law of the PRC, the Securities Law of the PRC and the Measures for the Regulation
of Public Listed Companies, here is to notify you of the issues relating to the conditions for the listing and transactions of the
stocks of the taken-over companies involved in tender offer:I.Upon expiration of the tender offer, in case the distribution of the equity shares of the taken-over companies is not in compliance
with the Company Law and the taker-over aims at terminating the listing and transactions of the taken-over companies, the listing
and transactions of the stocks of the taken-over companies should be terminated.II.Upon expiration of the tender offer, in case the taker-over does not aim at terminating the listing and transactions of the taken-over
companies, the transactions of the stocks of the taken-over companies should be handled with as follows:(I)in case the distribution of the equity shares of the taken-over companies is in compliance with the listing conditions specified in
the Company Law, the listing position is not affected;(II)in case the distribution of the equity shares of the taken-over companies is not in compliance with the listing conditions specified
in the Company Law, the taker-over shall formulate the specific program on maintaining the listing position of the taken-over company,
and implement the program with one month upon the expiration of the tender offer so as to enable the distribution of the equity shares
of the taken-over company eligible for the listing conditions; and from the expiration of the tender offer to the completion of the
implementation of the above-mentioned program, the Stock Exchange adopts “special treatment for warning on the existence of risk
of being terminated with listing” for the taken-over companies(i.e., warning on risks of being withdrawn”);(III)In case the shares held by the taker-over exceed 90% of total equity shares of the taken-over company, the taker-over shall according
to the provision of the Item (II) formulate and implement the specific program on maintaining the listing position of the taken-over
company within the period specified; and the taken-over company shall apply with the Stock Exchange for temporary suspension of the
listing and transaction of its stocks, while the Stock Exchange will make a decision in consideration of the distribution of the
equity shares of the taken-over company and the actual circumstances;(IV)Upon completion of the implementation of the above-mentioned program by the taker-over, the Stock Exchange will make a decision on
whether to revoke the warning on risk of being withdrawn or recover the listing and transactions according to the application of
the taken-over company and the circumstances of the implementation of the program by the taker-over; and in case the taker-over fails
to complete the implementation of the above-mentioned program within the specific period, the listing of the taken-over company should
be terminated by force of law.III.The taker-over shall in the report on the tender offer completely disclose the program formulated according to this Circular, and
fully disclose the relevant risks thereof.Upon implementing the program on maintaining the listing position of the taken-over company within the period specified, the taker-over
shall timely implement its duties for information disclosure.IV.In case other laws, regulations and the CSRC have provided for any other special stipulations on the take-over of public listed companies
by foreign investment, the taker-over shall also observe such stipulations.



 
The China Securities Regulatory Commission
2003-05-20

 






MEASURES FOR THE ADMINISTRATION ON POLLUTION CONTROL OF ELECTRONIC INFORMATION PRODUCTS

Ministry of Information Industry, SDRC, MOFCOM, GAC,SAIC, State Administration of Quality Supervision, Inspection and Quarantine,
State Environmental Protection Administration

Order of the Ministry of Information Industry

No. 39

The “Measures for the Administration on Pollution Control of Electronic Information Products” are hereby promulgated, and shall come
into force on March 1, 2007.

Minister of Information Industry, Wang Xudong

Director General of the State Development and Reform Commission, Ma Kai

Minister of Commerce, Bo Xilai

Director General of the General Administration of Customs, Mu Xinsheng

Director General of the State Administration for Industry and Commerce, Wang Zhongfu

Director General of the State Administration of Quality Supervision, Inspection and Quarantine, Li Changjiang

Director General of the State Environmental Protection Administration, Zhou Shengxian

February 28, 2006

Measures for the Administration on Pollution Control of Electronic Information Products

Chapter I General Provisions

Article 1

The present Measures are formulated in accordance with the “Law of the People’s Republic of China on Promoting Clean Production”,
the “Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes” as well as other
laws and administrative regulations for the purpose of controlling and reducing the pollution caused by the wasted electronic information
products to the environment, promoting the production and sale of low-pollution electronic information products, and protecting the
environment and human health.

Article 2

Except for the production for export products, the control and reduction of the pollution and other public hazards caused by electronic
information products to the environment during the procedure of production, sale and import of electronic information products within
the territory of the People’s Republic of China shall be governed by the present Measures.

Article 3

In the present Measures, the following terms shall have their respective meanings as follows:

(1)

The term “electronic information products” shall refer to the products produced with electronic information technologies, including
electronic radar products, electronic communication products, radio and television products, computer products, home electronic products,
electronic measurement devices products, special electronic products, electronic element and component products, electronic application
products, electronic material products, etc., as well as the parts and components thereof.

(2)

The term “pollution of electronic information products” shall refer to the destructions, damages, wastes or other bad effects caused
to the environment, resources, human body, life or health, or the property safety due to the toxic or noxious substances or elements
contained in electronic information products, or due to the toxic or noxious substances or elements contained in electronic information
products which exceed the national standards or industrial standards.

(3)

The term ” pollution control of electronic information products” shall refer to the following measures adopted to reduce or eliminate
the toxic or noxious substances or elements contained in electronic information products:

a.

the technical measures of changing the research and design scheme, adjusting the technological process , replacing the materials or
renovating the method of production, etc. in the process of design or production;

b.

the measures of indicating the names and contents of toxic or noxious substances or elements, indicating the environmental protection
use term of the electronic information products, etc. in the process of design, production, sale or import;

c.

the measures such as rigidly limiting the purchasing avenues, or refusing to sell the electronic information products which do not
meet the national or industrial standards for the control of toxic or noxious substances or elements of electronic information products
in the process of sale;

d.

prohibiting the import of electronic information products which do not meet the national or industrial standards for the control of
toxic or noxious substances or elements of electronic information products;

e.

other pollution control measures prescribed in the present Measures.

(4)

The term “toxic or noxious substances or elements” shall refer to the following substances or elements contained in electronic information
products:

a.

lead;

b.

hydrargyrum;

c.

cadmium;

d.

HexChrome;

e.

PBB;

f.

PBDE;

g.

other toxic or noxious substances or elements prescribed by the state.

(5)

The term “environmental protection use term of electronic information products” shall refer to the time period within which the toxic
or noxious substances or elements contained in electronic information products will not leak or suddenly change, and the users of
the electronic information products will not cause serious pollution to the environment or serious personal or property damages.

Article 4

The Ministry of Information Industry of the People’s Republic of China (hereinafter referred to as “MII”), the State Development and
Reform Commission of the People’s Republic of China (hereinafter referred to as “SDRC”), the Ministry of Commerce of the People’s
Republic of China (hereinafter referred to as “MOC”), the General Administration of Customs of the People’s Republic of China (hereinafter
referred to as “the General Administration of Customs”), the State Administration for Industry and Commerce (hereinafter referred
to as “SAIC”), the State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as “SAQSIQ”),
and the State Environmental Protection Administration (hereinafter referred to as “SEPA”) shall, within the scope of their respective
duties, administer and supervise the pollution control of the electronic information products. The above relevant competent departments
shall, when necessary, set up a work coordination mechanism to resolve the major matters and problems in the pollution control of
electronic information products.

Article 5

MII shall, in consultation with the relevant competent department of the State Council, formulate measures favorable to the pollution
control of electronic information products.

MII and the relevant competent departments of the State Council shall, within the scope of their respective duties, promote the technologies
on the pollution control of electronic information products and the comprehensive utilization of resources, etc., encourage and support
the scientific research, technological development and international cooperation on the pollution control of electronic information
products, and ensure the implementation of the relevant provisions on the pollution control of electronic information products.

Article 6

MII may provide certain support to the organizations and individuals who actively develop, research and manufacture new environmental
protection electronic information products.

Article 7

The competent departments of information industry, development and reform, commerce, customs, industry and commerce, quality inspection,
environmental protection, etc. of each province, autonomous region, or municipality directly under the Central Government shall,
within the scope of their respective duties, supervise and administer the control of pollution caused from production, sale and import
of electronic information products, and shall, when necessary, set up a work coordination mechanism for regional control of pollution
from electronic information products, uniformly coordinate their work and assume their respective responsibilities.

Article 8

The competent department of information industry of each province, autonomous region, or municipality directly under the Central Government
may commend and award the organizations and individuals that have made prominent achievements in the pollution control of electronic
information products and other relevant activities.

Chapter II Pollution Control of Electronic Information Products

Article 9

An electronic information product designer shall, when designing electronic information products, meet the national or industrial
standards for control of toxic or noxious substances or elements of electronic information products, and shall, on the premise of
satisfying the technique requirements, adopt a non-toxic and innoxious or a low-toxicity and low-noxiousness solution in which the
said substances or elements are easy to be degraded or convenient for recovery and utilization.

Article 10

An producer of electronic information products shall, when producing or manufacturing electronic information products, meet the national
or industrial standards for control of toxic or noxious substances or elements of electronic information products, and use the materials,
technologies and techniques with high resource utilization rate, easy for recycling and treatment, and beneficial to environmental
protection.

Article 11

The environmental protection use term of electronic information products shall be determined by the producer or importer of electronic
information products itself. The producer or importer of electronic information products shall mark the environmental protection
use term on the electronic information products it produces or imports, or shall, if the said use term cannot be labeled on the
products due to the limited product size or function, indicate it in the product specification.

The labeling specimen and the way of indication, which are prescribed in the preceding paragraph, shall be uniformly prescribed by
MII in consultation with the relevant competent department of the State Council. The labeling specimen and the way of indication
shall meet the national or industrial standards for control of toxic or noxious substances or elements of electronic information
products.

The relevant industrial organizations may, according to the technical development level, formulate guidelines on the environmental
protection use term of relevant electronic information products.

Article 12

MII encourages the relevant industrial organizations to submit their guidelines on the environmental protection use term of their
electronic information products to MII.

Article 13

A producer or importer of electronic information products shall mark the toxic or noxious substances or elements contained in the
electronic information products it launches to the market, indicating the name, content and the components contained of toxic or
noxious substances or elements, , and whether they may be recycled for utilization, etc, or shall, if such information cannot be
labeled on the products due to the limited product size or function, indicate it in the product specification.

The labeling specimen and the way of indication, which are prescribed in the preceding paragraph, shall be uniformly prescribed by
MII in consultation with the relevant competent department of the State Council, and shall meet the national or industrial standards
on the control of toxic or noxious substances or elements contained in electronic information products.

Article 14

A producer or importer of electronic information products shall, when making and using the packages of electronic information products,
use the non-toxic and innoxious materials which are easy to be degraded or convenient for recovery and utilization by following
the national or industrial standards for control of toxic or noxious substances or elements of electronic information products.

A producer or importer of electronic information products shall mark the name of the package material on the package of the electronic
information products it has produced or imported; or shall, if it cannot be labeled due to the limited product size or exterior surface,
indicate it in the product specification.

The labeling specimen and the way of indication, which are prescribed in the preceding paragraph, shall be uniformly prescribed by
MII in consultation with the relevant competent department of the State Council, and shall meet the national or industrial standards
for the control of toxic or noxious substances or elements of electronic information products.

Article 15

A seller of electronic information products shall rigidly limit the purchasing channels, and shall not be permit to sell any electronic
information product not meeting the national or industrial standards for control of toxic or noxious substances or elements of electronic
information products.

Article 16

The imported electronic information products shall meet the national or industrial standards for the control of toxic or noxious substances
or elements of electronic information products.

Article 17

MII shall, in consultation with SEPA, formulate industrial standards for control of toxic or noxious substances or elements of electronic
information products.

MII shall, in consultation with the National Standardization Commission of China, draft national standards for control of toxic or
noxious substances or elements of electronic information products.

Article 18

MII shall, in consultation with the SDRC, MOC, the General Administration of Customs, SAIC, SAQSIQ and SEPA, work out and adjust the
catalogue subject to the key point management for pollution control of electronic information products.

The catalogue subject to the key point management for pollution control of electronic information products shall be composed of
the categories of electronic information products, the kinds of toxic or noxious substances or elements restricted to use, and the
limited use term thereof, and shall be adjusted year by year in light of the actual situation and the requirement of scientific
and technological development level.

Article 19

The Certification and Accreditation Administration of China shall lawfully implement compulsory product certification administration
to the electronic information products included into the catalogue subject to the key point management for pollution control of
electronic information products.

The entry and exit inspection and quarantine institution shall implement the port verification and arrival-based inspection on the
imported electronic information products. The customs shall handle the inspection release procedures upon the strength of the “List
of Customs Clearance of Inward Goods” issued by the entry and exit inspection and quarantine institution.

Article 20

The electronic information products included into the catalogue subject to the key point management for pollution control of electronic
information products shall, in addition to conforming to the relevant provisions in the present Measures on the pollution control
of electronic information products, meet the requirements for key point pollution control prescribed in the catalogue subject to
the key point management for pollution control of electronic information products .

The electronic information products not included into the catalogue subject to the key point management for pollution control of
electronic information products shall conform to other provisions in the present Measures on the pollution control of electronic
information products.

Article 21

MII shall, in consultation with the SDRC, MOC, the General Administration of Customs, SAIC, SAQSIQ and SEPA, and in light of the actual
situation on industrial development, promulgate the implementation time limit that the toxic or noxious substances or elements shall
not be permitted to be contained in the electronic information products listed into the catalogue subject to the key point management
for pollution control of electronic information products.

Chapter III Penalty Provisions

Article 22

Whoever violates the present Measures and is under any of the following circumstances shall be penalized by the customs, the administrative
departments of industrial and commerce, quality inspection, environmental protection, etc. within the scope of their respective duties:

(1)

A producer of electronic information products violates Article 10 of the present Measures because the materials, technologies or
techniques it adopts do not meet the national or industrial standards for the control of toxic or noxious substances or elements
of electronic information products;

(2)

A producer or importer of electronic information products violates Paragraph 1 of Article 14 of the present Measures because the
electronic information product packages it makes or uses do not meet the national or industrial standards for the control of toxic
or noxious substances or elements of electronic information products;

(3)

A seller of electronic information products violates Article 15 of the present Measures by selling electronic information products
that fail to meet the national or industrial standards for the control of toxic or noxious substances or elements of electronic information
products;

(4)

An importer of electronic information products violates Article 16 of the present Measures because the electronic information products
it imports do not meet the national or industrial standards for the control of toxic or noxious substances or elements of electronic
information products;

(5)

A producer, seller or importer of electronic information products violates Article 21 of the present Measures by still producing,
selling or importing electronic information products whose content of toxic or noxious substances or elements exceeds the national
or industrial standards for the control of toxic or noxious substances or elements of electronic information products as of the starting
date of the implementation time limit that the toxic or noxious substances or elements shall not be permitted to be contained in
the electronic information products listed into the catalogue subject to the key point management for pollution control of electronic
information products ; or

(6)

An importer of electronic information products violates the provisions in the present Measures on import administration to import
electronic information products.

Article 23

Whoever violates the present Measures and is under any of the following circumstances shall be penalized by the administrative departments
for industry and commerce, quality inspection, and environmental protection, etc. within the scope of their respective duties:

(1)

A producer or importer of electronic information products violates Article 11 of the present Measures by failing to explicitly mark
the environmental protection use term of its electronic information products;

(2)

A producer or importer of electronic information products violates Article 13 of the present Measures by failing to explicitly mark
the name, content, the components contained of the toxic or noxious substances or elements of its electronic information products,
or whether they may be recycled for utilization; or

(3)

A producer or importer of electronic information products violates Paragraph 2 of Article 14 of the present Measures by failing to
explicitly mark the components of the materials of the packages of its electronic information products.

Article 24

Where any government functionary abuses his power, practices favoritism for himself or his relative, connives at or harbors the acts
of violating the present Measures, or helps the party who violates the present Measures in avoiding investigation and punishment,
he shall be given administrative sanctions in accordance with the law.

Chapter IV Supplementary Provisions

Article 25

Any organization or individual may reveal to MII or to the competent department of information industry of the local province, autonomous
region, or municipality directly under the Central Government the designers, producers, importers and sellers who cause any pollution
bypollution by electronic information products.

Article 26

The power and responsibility to interpret the present Measures shall remain with MII in consultation with SDRC, MOC, the General Administration
of Customs, SAIC, SAQSIQ and SEPA.

Article 27

The present Measures shall come into force on March 1, 2007.



 
Ministry of Information Industry, SDRC, MOFCOM, GAC,SAIC, State Administration of Quality Supervision, Inspection and
Quarantine, State Environmental Protection Administration
2006-02-28

 






INTERIM PROVISIONS ON THE ESTABLISHMENT OF PRINTING ENTERPRISES WITH FOREIGN INVESTMENT

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

Decree of the General Administration of Press and Publication of the People’s Republic of China and the Ministry of Foreign Trade
and Economic Cooperation

No.16

The Interim Provisions on the Establishment of Printing Enterprises with Foreign Investment are hereby promulgated for Implementation
as of the day of promulgation.

Director of the General Administration of Press and Publication: Shi Zongyuan

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

January 29, 2002

Interim Provisions on the Establishment of Printing Enterprises with Foreign Investment

Article 1

The present Provisions have been formulated in accordance with the Law of the People’s Republic of China on Chinese-foreign Equity
Joint Ventures, the Law of the People’s Republic of China on Chinese-foreign Cooperative Enterprises, the Law of the People’s Republic
of China on Enterprises with Foreign Investment and the Regulation on the Administrations of the Printing Industry for the purpose
of being further adapted to the demand of the reform and opening to the outside world, strengthening the administration of printing
enterprises with foreign investment, and promoting the healthy development of the printing industry of our country.

Article 2

The present Provisions shall be applicable to the enterprises with foreign investment established within the territory of the People’s
Republic of China.

The term “printing enterprise with foreign investment” as mentioned in the present Provisions shall refer to the Chinese-foreign joint
printing enterprises (including equity joint ventures and cooperative enterprises) jointly established by foreign institutions, corporations
or enterprises (hereinafter referred to as foreign investors for short) and Chinese corporations or enterprises on the basis of equality
and mutual benefit or solely printing enterprises with foreign investment.

Article 3

It is permitted by the State to establish Chinese-foreign joint printing enterprises that are engaged in the printing of publications,
printed matters for packaging decorations and other printed matters, and to establish solely enterprises with foreign investment
that are engaged in the printing and management of printed matters for packaging decorations.

Article 4

The printing enterprises with foreign investment shall, in their printing and management activities, abide by the laws and regulations
of China, accept the supervision and administration of the departments in charge of printing and may not impair the social public
interests.

The normal management activities of the printing enterprises with foreign investment and the lawful rights and interests of the investors
shall be protected by the Chinese Laws.

Article 5

The investment of the Chinese side by means of state-owned assets (including investment on the basis of assessment and as the condition
of cooperation) shall be subject to the approval of relevant departments in-charge, and an appraisal shall be made concerning the
state-owned assets to be used as investment according to the relevant provisions regarding the appraisal of state-owned assets.

Article 6

The following conditions shall be satisfied in the establishment of a printing enterprise with foreign investment:

1.

The Chinese and foreign investors that apply for establishing a enterprise with foreign investment shall be legal persons that can
independently assume civil liabilities and shall have been directly or indirectly engaged in printing or the management thereof.

2.

A foreign investor shall meet any of the following requirements:

a.

It can provide internationally advanced ways of printing management and experiences;

b.

It can provide internationally advanced printing technologies and equipment; or

c.

It can provide fairly strong financial support.

3.

The form of business of the printing enterprise with foreign investment that is applied to be established shall be a limited liability
company.

4.

The registered capital of a printing enterprise with foreign investment that is engaged in the printing of publications or printed
matters for packaging decorations shall not be less than 10 million yuan; the registered capital of a printing enterprise with foreign
investment that is engaged in the printing of other printed matters shall not be less than 5 million yuan.

5.

The Chinese party to a Chinese-foreign joint printing enterprise that is engaged in the printing and management of publications or
other printed matters shall occupy a controlling or leading position. In particular, the chairman of the board of a Chinese-foreign
joint printing enterprise that is engaged in the printing of publications shall be a Chinese, and there shall be more Chinese members
than foreign ones in the board of directors.

6.

The term of business operation shall, as a general principle, be longer than 30 years.

In the examination and approval of the establishment of printing enterprises with foreign investment, the applicant shall, apart from
satisfying the provisions ass mentioned in the preceding paragraph, be in conformity with the State plans concerning the total quantity,
structure and distribution of printing enterprises.

Article 7

To establish a printing enterprise with foreign investment, the applicant shall first file an application to the provincial administrative
department in charge of press and publication of the place where the enterprise is to be located, and submit the following documents:

1.

An application for establishing a printing enterprise with foreign investment;

2.

A project proposal and project feasibility study report signed by the legal representatives of all investors. The project proposal
shall clearly specify the following matters:

a.

Names and addresses of all the investors;

b.

The name, legal representative, domicile, scope of business, registered capital and total investment of the printing enterprise with
foreign investment that is applied for establishment;

c.

The ways of investment contribution and the amount of investment of all the investors.

3.

The registration certificates (in photocopy), identification certificates of the legal representatives (in photocopy) and certificates
of credit standing of all the investors;

4.

Confirmation documents issued by the state-owned assets administrative department for the appraisal reports concerning the state-owned
assets to be contributed.

The provincial administrative department in charge of press and publication shall, within 10 working days from receiving all the required
documents, propose its initial opinions and submit them to the General Administration of Press and Publication for approval.

Article 8

When submitting the application to the General Administration of Press and Publication for approval, the provincial administrative
departments of press and publication shall submit the following documents:

1.

The documents of the applicants for establishment;

2.

The initial opinions of the provincial administrative departments of press and publication;

3.

Other documents as required by laws, regulations or rules of the General Administration of Press and Publication.

The General Administration of Press and Publication shall, within 30 working days from receiving all the required documents, make
a written decision whether to approve or disapprove.

Article 9

After receiving the approving documents of the General Administration of Press and Publication, the applicants shall file an application,
according to the provisions of laws or regulations, to the administrative department in charge of foreign trade and economic cooperation
of the province, autonomous region, municipality directly under the Central Government or municipalities separately listed on the
State plan of the place where the enterprise is to be established, and shall submit the following documents:

1.

The applicants’ documents of application for establishment and the approving documents of the General Administration of Press and
Publication;

2.

The contracts and articles of incorporation that have been signed by the legal representatives of all the investors or by the representatives
authorized thereby;

3.

The names of the members to the board of directors of the printing enterprise with foreign investment that is to be established and
the letters of appointing directors issued by all investors;

4.

The notices of advance approval of enterprise names issued by the administrations for commerce and industry;

5.

Other materials as required by laws, regulations or rules of the administrative departments in charge of foreign trade and economic
cooperation.

The administrative department in charge of foreign trade and economic cooperation of the provinces, autonomous regions, municipalities
directly under the Central Government and the municipalities separately listed on the State plan shall be enpost_titled to approve the
establishment of printing enterprises with foreign investment whose total investment is below 30 million US dollars and which intend
to engage in the printing or management of printed matters for packaging decorations. They shall decide in written form within 30
working days after receiving all the documents whether to approve or disapprove. Where the application is approved, an “Approval
Certificate of Enterprises with Foreign Investment” shall be issued, and the application shall be filed to the Ministry of Foreign
Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) for archivist purposes.

As for the application for establishing a printing enterprise with foreign investment that plans to engage in the printing or management
of publications or other printed matters and whose total investment is above 30 million US dollars (including 30 million US dollars),
the administrative department in charge of foreign trade and economic cooperation of the provinces, autonomous regions, municipalities
directly under the Central Government and municipalities separately listed on the State plan shall propose initial opinions within
10 working days after receiving all the documents and submit them to the MOFTEC for examination and approval.

Article 10

When submitting applications to the MOFTEC for examination and approval, the administrative departments in charge of foreign trade
and economic cooperation of the provinces, autonomous regions, municipalities directly under the Central Government and municipalities
separately listed on the State plan shall submit the following documents:

1.

The applicants’ application documents for establishment;

2.

The initial opinions of the administrative departments in charge of foreign trade and economic cooperation of the provinces, autonomous
regions, municipalities directly under the Central Government and municipalities separately listed on the State plan;

3.

Other documents as required by laws, regulations or rules of the MOFTEC.

The MOFTEC shall, within 30 working days after receiving all the documents as required, decide in written form whether to approve
or disapprove. Where approval is granted, an “Approval Certificate of Enterprises with Foreign Investment” shall be issued.

Article 11

The applicants who have obtained approval for establishment shall apply to the provincial administrative department in charge of press
and publication for a “License for Engagement in Printing” by showing the approving documents of the General Administration of Press
and Publication and the “Approval Certificate of Enterprises with Foreign Investment”, and shall apply for a “License for Engagement
in Special Trades” and a business license according to the relevant provisions of the Regulation on the Administration of the Printing
Industry.

Article 12

No printing enterprise with foreign investment may establish any branch organization.

Article 13

Where any existing Chinese-foreign joint printing enterprise applies for concurrently engaging in the printing or management of publications,
printed matters for packaging decorations or other printed matters, or any existing printing enterprise with foreign investment merges
any other printing business operators, or any printing business operator is newly established as a result of consolidation or split,
it shall obtain the approval of the departments of foreign trade and economic cooperation after obtaining the approval of the General
Administration of Press and Publication, and shall go through corresponding alteration registration procedures.

With regard to other alteration issues, the parties concerned shall obtain the approval of the original approving authorities according
to the existing provisions and go through the corresponding alteration procedures. If any of the major registration issues such as
the change of the names of the enterprises, the change of legal representatives or persons-in-charge, the domicile or site of business,
or proportion of share holding is involved, or if the printing business operation is terminated, such alteration registrations shall
be filed to the General Administration of Press and Publication for archivist purposes.

Article 14

Where the term of business operation of any printing enterprise with foreign investment expires and the term needs to be extended
due to special circumstances, an application shall be filed within 180 days prior to the expiration of the term of business operation
and shall be submitted to the original approving authorities for examination and approval.

Article 15

A printing enterprise with foreign investment that is established upon approval shall finish the relevant registration procedures
within the time limit as prescribed by the approving authorities. In case it fails to finish the procedures, it may, upon the verification
of the approving authorities, be revoked.

Article 16

The administrative departments in charge of press and publication on the county level and above shall give punishment, on the basis
of the Regulation on the Administration of the Printing Industry, to the printing enterprises with foreign investment that have been
unlawfully established and engaged in the printing business activities.

Where any of the administrative department in charge of foreign trade and economic cooperation on various levels violates the present
Provisions by unlawfully approving the establishment or alteration of any printing enterprise with foreign investment that does not
meet the requirements, the relevant persons-in-charge and those who are held responsible shall be subject to investigations for assuming
liabilities.

Article 17

The present Provisions shall be applicable by reference to the printing enterprises established within the Mainland of China by investors
from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan.

Article 18

The printing enterprises with foreign investment established upon the ratification of relevant authorities prior to the implementation
of the Regulation on the Administration of the Printing Industry which took force on May 1, 1997 shall, after obtaining the consent
of the General Administration of Press and Publication upon examination, exchange their License for Engagement in Printing Business
at the provincial administrative departments in charge of press and publication. In particular, those enterprises with foreign investment
that are engaged in the printing of publications and that apply for expanding their investment scales or for extending the term of
business shall meet the requirements of Article 6 of the present Provisions. Those printing enterprises with foreign investment
established upon the approval made according to the Regulation on the Administration of the Printing Industry subsequent to May 1,
1997 shall, within 180 days after the implementation of the present Provisions, exchange their Licenses for Engagement in Printing
Business at the provincial administrative departments in charge of press and publication

Article 19

The power to interpret the present Provisions shall remain with the General Administration of Press and Publication and the Ministry
of Foreign Trade and Economic Cooperation.

Article 20

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



 
The General Administration of Press and Publication, the Ministry of Foreign Trade and Economic Cooperation
2002-01-29

 






MEASURES FOR THE ADMINISTRATION OF THE REPRESENTATIVE OFFICES STATIONED IN THE MAINLAND OF CHINA BY LAW FIRMS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND THE MACAO SPECIAL ADMINISTRATIVE REGION

The Ministry of Justice

Order of the Ministry of Justice of the Republic of China

No.70

The Measures for the Administration of the Representative Offices Stationed in the Mainland of China by Law Firms of the Hong Kong
Special Administrative Region and the Macao Administrative Region have been approved at the executive meeting of the Ministry of
Justice on Feb. 20, 2002 and are hereby promulgated, and shall come into force on April 1, 2002.

Minister of the Ministry of Justice Zhang Fuseng

March 13, 2002

Measures for the Administration of the Representative Offices Stationed in the Mainland of China by Law Firms of the Hong Kong Special
Administrative Region and the Macao Special Administrative Region

Chapter I General Provisions

Article 1

In order to regulate the establishment of the representative offices stationed in the mainland of China (hereinafter referred to as
the representative offices) by law firms of the Hong Kong SAR and the Macao SAR (hereinafter referred to as the law firms of Hong
Kong and Macao) and the legal services they provide, these Measures have been formulated according to the provisions of the Regulations
on the Administration of the Representative Offices Stationed in China by Foreign Law Firms.

Article 2

These Measures shall be applicable to the activities of law firms of Hong Kong and Macao of establishing representative offices and
engaging in legal services.

Article 3

The representative offices and the representatives thereof shall be under the protection of the state laws when engaging in legal
services according to the provisions of these Measures.

Article 4

The representative offices and the representatives thereof shall, when engaging in legal services, observe the laws, regulations and
rules of the State, scrupulously abide by the professional ethics and practice discipline of lawyers, and may not harm the State
safety and the public interests.

Article 5

The law firms of Hong Kong and Macao shall bear civil liabilities for the legal services conducted in the mainland of China by their
respective representative offices and the representatives thereof.

Chapter II Establishment, Alteration and Cancellation of Representative Offices

Article 6

Law firms of Hong Kong and Macao shall obtain the approval of the judicial administrative department under the State Council (hereinafter
referred to as the Ministry of Justice) to establish representative offices and send representatives in the mainland of China.

Law firms, other organizations or individuals of Hong Kong and Macao may not engage in legal services in the name of consultative
companies or other post_titles in the mainland of China.

Article 7

Law firms of Hong Kong and Macao applying for establishing representative offices and sending representatives shall meet the following
conditions:

1)

the law firm shall has already legally practiced in the Hong Kong SAR or the Macao SAR, and hasn’t been punished for violation of
professional ethics and practice disciplines;

2)

the representatives of the representative office shall be practicing lawyers and the members of the lawyers’ association of the Hong
Kong SAR or the Macao SAR, and have been practicing for not less than 2 years outside the mainland of China, and haven’t been given
criminal punishment or been punished for violation of professional ethics and practice disciplines; among whom, the chief representative
shall has practiced outside the mainland of China for not less than 3 years, and shall be the partner or personnel of the same position
of that law firm;

3)

there is the actual need to establish representative offices in the mainland of China to carry out legal services.

Article 8

Law firms of Hong Kong and Macao applying for establishing representative offices in the mainland shall submit the following documents
and materials to the judicial department (bureau) of the province, autonomous region or municipality directly under the central government
of the place of domicile of the representative office to be established:

1)

application form signed by the main principal of the law firm for establishing the representative office and sending representatives.
The name of the representative office to be established shall be “Representative Office Stationed in *** (name of the mainland city)
by *** Law Firm (the Chinese name of that law firm)”;

2)

certifications of the legal establishment of that law firm in its respective special administrative region;

3)

partnership agreement or articles of association of establishment of that law firm and the list of the principals or partners;

4)

authorization letters of that law firm to its representatives of the representative office, and the affirmation letter affirming that
the chief representative to-be is the partner or the personnel of the same position of that law firm;

5)

certifications of the lawyer practice qualification of the representatives of the representative office which prove that the chief
representative to-be has practiced for not less than 3 years outside of the mainland of China and the other representatives to-be
have practiced outside the mainland of China for not less than 2 years;

6)

certifications issued by the lawyers’ association of the special administrative region where that law firm is located of the membership
in the lawyers’ association of the representatives to-be of that representative office;

7)

certifications issued by the body of lawyer administration of the special administrative region where that law firm is located showing
no criminal punishment and punishment for violation of professional ethics and practice discipline of that law firm and its representatives
to-be.

The documents and materials listed in the preceding paragraph shall have the notarization certification given by the authorized notary
of Hong Kong or the notarization agency of Macao.

The documents and materials submitted by that law firm shall be in triplication and be bound into book forms separately, where the
documents and materials are written in foreign languages, Chinese versions shall be attached.

Article 9

The judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government shall finish
the examination in 3 months from the day of receiving the application documents and materials, and shall submit the examination opinions
together with the documents and materials to the Ministry of Justice for examination and verification. The Ministry of Justice shall
make the decision in 6 months, and issue the practice licenses to the representative offices approved to be established, and issue
the practice certificates to the representatives thereof; and for those law firms rejected from approval, reasons shall be explained
in written form.

Article 10

The representative office and the representatives thereof shall, taking the practice license and the practice certificates, go through
the procedures for registration at the judicial department (bureau) of the province, autonomous region or municipality directly under
the Central Government of the place of domicile of the representative office, and only after that may it carry out the legal services
as prescribed in these Measures. The representative office and its representatives shall make the registration once every year.

The judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government shall handle
the registration procedures in 2 days from the day of receiving the application for registration.

Article 11

The representative office shall, according to the provisions of the relevant laws and administrative regulations, go through the procedures
for taxation, bank and foreign exchange, etc.

Article 12

Where a law firm of Hong Kong or Macao needs to alter the name of its representative office or reduce the representatives, it shall
submit in advance the application form signed by its main principal and the relevant documents and materials to the judicial department
(bureau) of the province, autonomous region or municipality directly under the Central Government of the place of domicile of the
representative office, and take back the practice certificates of the personnel who are no longer the representatives upon the ratification
of the Ministry of Justice.

Where the representative office is merged, split or it adds new representatives, it shall go through the procedures for approval according
to the provisions of these Measures on the establishment of representative office.

Article 13

Where the representative of a representative office is in any of the following situations, the Ministry of Justice shall revoke the
practice approval and withdraw his (her) practice certificate, and the judicial department of the province, autonomous region or
municipality directly under the Central Government shall write off the practice registration:

3)

the practice qualification of lawyer submitted according to the provisions of item 5) of Article 8 of these Measures becomes invalid;

4)

the qualification of representative is cancelled by the law firm of Hong Kong or Macao to which the representative belongs;

5)

the practice certificate or the practice license of the representative office to which the representative belongs is revoked according
to law.

Article 14

Where a representative office is in any of the following situations, the Ministry of Justice shall cancel the practice approval and
withdraw its practice license, and the judicial department (bureau) of the province, autonomous region or municipality directly under
the Central Government shall write off its practice registration:

1)

the law firm of Hong Kong or Macao to which the representative office belongs is disbanded or written off;

2)

the law firm of Hong Kong or Macao to which the representative office belongs applies for the writing-off of it;

3)

having lost the conditions as prescribed in Article 7 of these Measures;

4)

the practice license has been revoked according to law.

The representative office written off according to the provisions of the preceding paragraph shall be liquidated according to law;
and its property may not be transferred to the outside of the mainland of China before all its debts have been paid off.

Chapter III Business Scope and Rules

Article 15

A representative office and its representatives may only engage in the following activities excluding the legal affaires of the mainland
of China:

1)

providing to the parties with the legal consultancy and the consultancy of relevant international treaties and international customs
of the Hong Kong SAR, the Macao SAR and other countries excluding China where the lawyers of that law firm have been approved to
engage in lawyer practice;

2)

accepting the entrustment of the parties or the law firms of the mainland of China to handle the legal affaires of the areas where
the lawyers of that law firm have been approved to engage in lawyer practice;

3)

representing the parties of the Hong Kong SAR or the Macao SAR to entrust law firms of the mainland of China to handle legal affaires
of the mainland;

4)

keeping long term of entrustment with the law firms of the mainland of China to handle legal affaires through signing contracts;

5)

providing the information related to the affection of the legal environment of the mainland of China.

The representative office may, according to the terms of the agreement with the law firms of the mainland of China, present direct
requirements to the lawyers of the law firms of the mainland.

The representative office and the representatives thereof may not engage in other legal services or other business activities other
than those provided for in the first and second paragraphs of this Article.

Article 16

A representative office may not employ the practicing lawyers of the mainland of China; and the assisting personnel employed may not
provide legal services to the parties.

Article 17

A representative office and its representatives may not conduct the following acts in their practice:

1)

providing false evidence, hiding the facts or threatening, luring others to provide false evidence, hide the facts, and hindering
the opposite parties from legally obtaining the evidence;

2)

taking advantage of the legal services to accept money and goods or other benefits from the parties;

3)

disclosing the business secrets or personal privacy of the parties.

Article 18

The representatives of a representative office may not hold the post or hold the concurrent post of representative in two or more
representative offices.

Article 19

The time of the representatives of a representative office residing in the mainland of China may not be less than 6 months every year;
those residing for less than 6 months shall not be registered for the next year.

Article 20

A representative office may collect fees from the parties when providing the legal services as prescribed by these Measures. And the
fees collected must be settled in the mainland of China.

Chapter IV Supervision and Administration

Article 21

The Ministry of Justice shall be responsible for the supervision and administration of the representative offices and their representatives.

The judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government shall conduct
supervision and administration to see whether the representative offices established within their respective administrative areas
and the representatives thereof are conducting the legal services according to law.

Article 22

A representative office shall submit the copies of the practice license and the practice certificates of its representatives, and
the following materials for annual examination of the last year to the judicial department (bureau) of the province, autonomous region
or municipality directly under the Central Government before March 31 of each year for the annual examination:

1)

the status of the legal services carried out, including the handling of the legal affaires entrusted to the law firms of the mainland
of China;

2)

the annual financial statements of the representative office audited by accounting firms or auditing firms, and the vouchers of settlement
and tax payment according to law in the mainland of China;

3)

changes of the representatives and the employed assisting personnel of the mainland of China of the representative office;

4)

residing status in the mainland of China of the representatives of the representative office;

5)

registration of the representative office and its representatives;

6)

other status about the performance of the obligations as prescribed in these Measures.

The judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government shall, after
making the annual examination of the representative offices established in their respective administrative areas, submit the examination
opinions to the Ministry of Justice for record.

Article 23

The judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government shall collect
fees for the registration of the representative offices and the representatives thereof, and shall collect fees for the annual examinations
of the representative offices, and must execute the charging standard for the law firms and practicing lawyers of the mainland of
China ratified by the price administrative department under the State Council, and all the fees collected must be turned in to the
State Treasury.

Where the judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government imposes
the administrative punishment of fines according to law, the method of separation of decision of fines and collection of fines shall
be adopted according to the provisions of the relevant laws and administrative regulations; and all the fines collected and the illegal
gains confiscated according to law must be turned in to the State Treasury.

Chapter V Legal Responsibilities

Article 24

If a representative office or a representative harms the State safety, public security or public administration order, the criminal
responsibilities shall be investigated, and the practice license of that representative office or the practice certificate of that
representative shall be revoked by the Ministry of Justice; where the circumstance is not serious enough for criminal punishment,
the punishment of public security management shall be given according to law, and the practice license of that representative office
or the practice certificate of that representative shall be revoked by the Ministry of Justice.

Article 25

If a representative office or a representative, in violation of the provisions of Article 15 of these Measures, illegally engages
in the legal services or other business activities, the judicial department (bureau) of the province, autonomous region or municipality
directly under the Central Government shall order the stop of business; where the circumstances are serious, the practice license
of that representative office or the practice certificate of that representative shall be revoked by the Ministry of Justice.

Where anyone commits the illegal acts listed in the preceding paragraph, the judicial department (bureau) of the province, autonomous
region or municipality directly under the Central Government shall confiscate the illegal gains, and shall impose on the chief representative
and other directly responsible representatives a fine of not less than 50,000 Yuan but not more than 200,000 Yuan.

Article 26

If a representative office is in any of the following situations, the judicial department (bureau) of the province, autonomous region
or municipality directly under the Central Government shall give warnings to it and order it to correct the act within a time limit;
where the circumstances are serious, the judicial department (bureau) of the province, autonomous region or municipality directly
under the Central Government shall order the stop of business; if no correction is made within the time limit, the Ministry of Justice
shall revoke its practice license:

1)

employing practicing lawyers of the mainland of China, or its assisting personnel employed engaging in the legal services;

2)

the fees collected for the legal services haven’t been settled within the mainland of China;

3)

failing to submit the materials for the annual examination on time, or failing the annual examination.

Where anyone commits the illegal acts listed in item 2) of the preceding paragraph, the judicial department (bureau) of the province,
autonomous region or municipality directly under the Central Government shall impose a fine of not less than 1 time but not more
than 3 times the sum of settlement in the mainland of China.

Article 27

If a representative office or a representative is in any of the following situations, the judicial department (bureau) of the province,
autonomous region or municipality directly under the Central Government shall give it warnings and confiscate the illegal gains;
where the circumstances are serious, the business shall be ordered to be stopped in a time limit, and a fine of not less than 20,000
Yuan but not more than 100,000 Yuan shall be imposed:

1)

holding the post or holding the concurrent post of representative in two or more representative offices;

2)

disclosing the business secrets or personal privacy of the parties;

3)

taking advantage of the legal services to accept money and goods or other benefits from the parties.

Article 28

If a representative office which has been written off transfers its property outside the mainland of China before its debts are paid
off, the judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government shall
order it to return the transferred property to pay the debts; if the representative office seriously damages the interests of others
and constitutes a crime, the chief representative and other directly responsible personnel shall be investigated for criminal responsibilities;
where the circumstances are not serious enough for criminal punishment, the judicial department (bureau) of the province, autonomous
region or municipality directly under the Central Government shall impose a fine of not less than 50,000 Yuan but not more than 300,000
Yuan on the representative office, and shall impose a fine of not less than 20,000 Yuan but not more than 100,000 Yuan on the chief
representative and other directly responsible personnel.

Article 29

If the representative of a representative office provides false evidence, hides the facts or threatens, lures others to provide false
evidence or hide the facts, the criminal responsibilities shall be investigated according to the relevant provisions of the Criminal
Law, and the practice certificate shall be revoked by the Ministry of Justice.

Article 30

If a law firm, lawyer or other organization, individual of Hong Kong or Macao engages in legal services in the mainland of China without
authorization, or a representative office or the representative of which the practice approval has been cancelled continues to engage
in legal services in the mainland, the judicial department (bureau) of the province, autonomous region or municipality directly under
the Central Government shall ban it according to law and confiscate the illegal gains, and shall impose a fine of not less than 50,000
Yuan but not more than 300,000 Yuan.

Article 31

If the practice license of a representative office has been revoked according to law, the law firm of Hong Kong or Macao to which
the representative office belongs may not apply for establishing representative office in the mainland of China for 5 years; if the
practice certificate of the representative of a representative office has been revoked according to law, that representative may
not be the representative of a representative office in the mainland for 5 years.

If the representative of a representative office has been given criminal penalty for harming the State safety, public security or
public administration order, the law firm to which that representative office belongs may not apply for establishing a representative
office in the mainland of China any longer, and that representative may not be the representative of a representative office in the
mainland for the lifetime.

Article 32

If the working personnel of the judicial administrative department has committed any of the following acts, the responsible personnel
in charge and the other directly responsible personnel shall be given the administrative punishment of a demerit for the record,
a special demerit for the record or demotion:

1)

failing to check and examine the certification and materials of the representative offices to be established and of the representatives
to-be according to the conditions as provided for by these Measures;

2)

failing to register or make the annual examination of the representative offices according to the provisions of these Measures;

3)

failing to collect the fees according to the charging items and charging standard as provided for by the State.

Article 33

Where the working personnel of the judicial administrative department has committed any of the following acts, the responsible personnel
in charge and other directly responsible personnel shall be given the administrative punishment of demotion, removal or dismissal:

4)

issuing the practice license or practice certificate to the representative office to be established or the representative to-be that
fails to meet the conditions as provided for by these Measures;

5)

taking advantage of the post to accept money and goods and seeking private profits;

6)

failing to cancel or withdraw the practice license or practice certificate of the representative office or representative that should
be cancelled, or, against the provisions of these Measures, failing to write off the practice registration that should be written
off;

7)

failing to issue the receipts of fines for the fines collected according to law or failing to fill in the sum of fines according to
the facts;

8)

failing to execute the system of separation of collection and turning in of fines, or failing to turn in all the fees collected, fines
collected and illegal gains confiscated to the State Treasury.

9)

failing to investigate into and punish the acts of the representative offices and the representatives thereof that violate the provisions
of these Measures;

10)

having other acts of poor execution of law or abusing of powers thus to cause serious consequences.

If anyone commits any of the above mentioned violations of law thus to cause serious losses to the public property and the interests
of the State and people, and constitutes a crime, the criminal responsibilities shall be investigated.

Chapter VI Supplementary Provisions

Article 34

These Measures shall enter into force on April 1, 2002. The representative offices and the representatives thereof that have been
approved by the Ministry of Justice to start practice on a trial basis shall apply for going through the procedures for examination
and approval according to the provisions of these Measures in 90 days from the day on which these Measures come into force.



 
The Ministry of Justice
2002-03-13

 






SUPPLEMENTARY CIRCULAR ON CARRYING OUT THE BUSINESS OF MAILING ENTRY AND EXIT LETTERS AND ARTICLES WITH THE NATURE OF LETTERS

The Ministry of Information Industry, the Ministry of Foreign Trade and Economic Cooperation, the State Post Bureau

Supplementary Circular on Carrying out the Business of Mailing Entry and Exit Letters and Articles with the Nature of Letters

GuoYouLian [2002] No.472

September 5, 2002

The post bureaus, departments (commissions, bureaus) of foreign trade and economic cooperation of all provinces, autonomous regions,
municipalities directly under the Central Government, Shenzhen City Traffic Bureau:

In order to better implement the relevant spirit in the Circular of the Ministry of Information Industry, the Ministry of Foreign
Trade and Economic Cooperation and the State Post Bureau on Entrusted Administration of the Business of Mailing Entry and Exit Letters
and Articles with the Nature of Letters (GuoYouLian [2001] No.629, hereinafter referred to as the “Circular”), we hereby give our
supplementary circular with regard to the relevant issues as follows:

I.

Upon the entrustment by the post department, an international freight agency enterprise may engage in the business of mailing entry
and exit letters and articles with the nature of letters, but the private letters and the official documents of the Party, government
or army organs at the county level or above shall be excluded.

II.

Where an international freight agency enterprise that was established upon the approval by the Ministry of Foreign Trade and Economic
Cooperation prior to the distribution of the “Circular” applies to operate the business of mailing entry and exit letters and articles
with the nature of letters, it may, with the documents required by the “Circular”, directly go through the entrustment formalities
in the provincial-level post department at its locality or in the State Post Bureau; each branch of the enterprise may, by directly
bringing the “Postal Entrustment Certificate” which has been obtained by the general company (headquarter) and the documents which
prove its subordinacy to the enterprise, obtain its own “Postal Entrustment Certificate” in the provincial-level post department
at its locality.

III.

An international freight agency enterprise applying for the entrustment operation of the business of mailing entry and exit letters
and articles with the nature of letters shall, within 60 days as of the distribution of the present circular, go through the entrustment
formalities in the post department, and shall not, if failing to go through the entrustment formalities within the time limit, go
on operating the business of mailing entry and exit letters and articles with the nature of letters.

IV.

The international freight agency enterprises that operate the business of mailing entry and exit letters and articles with the nature
of letters shall abide by the relevant laws of the People’s Republic of China, maintain and respect the lawful rights and interests
of the operators in the same industry and of the consumers, as well as maintain and respect the equal competition.

V.

The present supplementary circular shall come into force as of its distribution. In case any document distributed by the relevant
department prior to the distribution of the present supplementary circular is inconsistent with the present supplementary circular,
the latter shall prevail.



 
The Ministry of Information Industry, the Ministry of Foreign Trade and Economic Cooperation, the State Post Bureau
2002-09-05

 






MEASURES FOR THE ADMINISTRATION OF REGISTRATION OF HAZARDOUS CHEMICALS

The State Economic and Trade Commission

Order of the State Economic and Trade Commission of the People’s Republic of China

No.35

The Measures for the Administration of Registration of Hazardous Chemicals, which were adopted at the director executive meeting of
the State Economic and Trade Commission, are hereby promulgated and shall enter into force on November 15, 2002.

Director of the State Economic and Trade Commission Li Rongrong

October 8, 2002

Measures for the Administration of Registration of Hazardous Chemicals

Chapter I General Rules

Article 1

In order to strengthen the safety administration of hazardous chemicals, to prevent chemical accidents and to provide technology and
information support for emergent rescue, the present Measures are formulated in accordance with the Regulations on the Safety Administration
of Hazardous Chemicals.

Article 2

The present Measures shall apply to the entities that produce or store hazardous chemicals and those that use highly toxic chemicals
or use other hazardous chemicals the quantities of which constitute major hazard sources within the People’s Republic of China (hereinafter
referred to as register entities).

Article 3

Scope of the registration of hazardous chemicals:

1)

Hazardous chemicals included in the standard Name List of Hazardous Chemicals (GB 12268) of the state;

2)

Other hazardous chemicals that are determined and promulgated by the State Administration of Safe Production Supervision in conjunction
with the departments of public security, environment protection, health, quality control and communication under the State Council,
but not included in the Name List of Hazardous Chemicals.

The State Bureau of Safe Production Supervision and Administration shall summarize and promulgate the Catalog of Hazardous Chemicals
according to the hazardous chemicals determined in Items 1) and 2).

The register entities of hazardous chemicals are: the entities that produce and store hazardous chemicals (hereinafter referred to
as production entities and storage entities), and the entities that use highly toxic chemicals and use other hazardous chemicals
the quantities of which constitute major hazard sources (hereinafter referred to as use entities).

The production entities, storage entities and use entities shall refer to the legal persons or non-legal persons that have made registration
with the industry and commerce authorities.

Article 4

The State Bureau of Safe Production Supervision and Administration shall be in charge of the supervision and administration of the
registration of hazardous chemicals of the whole country.

The bodies of safe production supervision and administration of the provinces, autonomous regions and municipalities directly under
the Central Government shall be in charge of the supervision and administration of the registration of hazardous chemicals within
their respective administrative areas.

Chapter II Registration Bodies

Article 5

The state shall establish the National Chemical Registration Center (hereinafter referred to as Registration Center) to undertake
the specific work and technical management of the registration of hazardous chemicals of the whole country.

The provinces, autonomous regions and municipalities directly under the Central Government shall establish chemical registration offices
(hereinafter referred to as registration offices) to undertake the specific work and technical management of the registration of
hazardous chemicals of their respective areas.

Article 6

The State Bureau of Safe Production Supervision and Administration shall supervise and administer the Registration Center; and the
bodies of safe production supervision and administration of the provinces, autonomous regions and municipalities directly under the
Central Government shall supervise and administer the registration offices under their respective jurisdiction.

Article 7

The Registration Center shall perform the following duties:

1)

Organizing, coordinating and directing the registration of hazardous chemicals of the whole country;

2)

Being responsible for the issuance of registration certificates of hazardous chemicals and the management of registration numbers
of the whole country;

3)

Establishing and maintaining the national hazardous chemical registration administration database and the dynamic statistics and analysis
information system;

4)

Setting up the state emergent consultation phone for chemical accidents, and establishing the emergent rescue information networks
jointly with the registration offices of the localities to provide chemical accident emergent consultation services;

5)

Organizing evaluations of the hazardous nature of new chemicals; and classifying the unclassified chemicals by their hazardous nature
in a unified way;

6)

Being responsible for the training of registration personnel of hazardous chemicals of the whole country.

Article 8

The registration offices shall perform the following duties:

1)

Organizing the registration of hazardous chemicals of their respective areas;

2)

Verifying the matters applied for registration by the register entities;

3)

Examining the normalization and consistency of the chemical safety technical specifications and chemical safety labels drawn up by
the production entities;

4)

Establishing hazardous chemicals registration administration databases and dynamic statistics and analysis information systems of
their respective areas;

5)

Providing chemical accident emergent consultation services.

Article 9

Staff members of the Registration Center and registration offices that engage in the registration of hazardous chemicals (hereinafter
referred to as registration staff) must go through the unified training, pass the examinations given by the State Bureau of Safe
Production Supervision and Administration and draw the Post Certificate of Hazardous Chemical Registration Staff (hereinafter referred
to as Registration Post Certificate) before they may assume their posts.

Article 10

The Registration Center shall have more than 10 registration staff with the Registration Post Certificate, and each registration office
shall have more than 3 registration staff with the Registration Post Certificate.

Article 11

The Registration Center and registration offices shall formulate strict work rules and procedures, provide satisfactory services to
the register entities and keep the commercial secrets of the register entities.

Article 12

The Registration Center shall report, in written form, on the registration of hazardous chemicals of the whole country to the State
Bureau of Safe Production Supervision and Administration every year; and each registration office shall report, in written form,
on the registration of hazardous chemicals of its area to the body of safe production supervision and administration of the province,
autonomous region or municipality directly under the Central Government every year. Copies of the reports of the local registration
offices shall be sent to the Registration Center at the same time.

Chapter III Time, Matters and Procedures of the Registration

Article 13

The register entities shall go through the formalities for registration of hazardous chemicals within 6 months from the day of promulgation
of the Catalog of Hazardous Chemicals.

With respect to the hazardous chemicals of which the hazardous natures are unclear, the production entity shall, within 1 year from
the day of implementation of the present Measures, entrust the professional technical agencies recognized by the State Bureau of
Safe Production Supervision and Administration to appraise and evaluate their hazardous natures, and shall go through the registration
formalities on the basis of the appraise and evaluation reports.

With respect to new chemicals, the production entity shall, within 1 year before the new chemicals are put into production, entrust
the professional technical agencies recognized by the State Bureau of Safe Production Supervision and Administration to appraise
and evaluate their hazardous natures, and shall go through the registration formalities on the basis of the appraise and evaluation
reports.

A newly established production entity shall go through the formalities for registration of hazardous chemicals before starting production.

In case of major changes in the production scale or in the product categories as well as in the physical and chemical characteristics
of the products, the register entities that have made the registration shall, within 3 months, make a new registration of the major
changes.

Article 14

The matters that a production entity shall register include:

1)

Basic information of the production entity;

2)

Production capacity, quantities needed annually, maximum storage quantities of the hazard chemicals;

3)

Product standards of the hazard chemicals;

4)

Appraisal and evaluation reports on hazardous natures of new chemicals and the chemicals with unclear hazardous natures;

5)

Chemical safety technical specifications and chemical safety labels;

6)

Emergent consultation service telephone.

Article 15

The matters that a storage entity or use entity shall register include:

1)

Basic information of the storage entity or use entity;

2)

Categories and quantities of the hazard chemicals stored or used;

3)

Safety technical specifications and safety labels of the hazard chemicals stored or used.

Article 16

Registration procedures:

1)

The register entity shall draw the Hazardous Chemical Registration Form from the registration office of the province, autonomous region
or municipality directly under the Central Government where it is located, and faithfully fill out the form according to the requirements.

2)

The register entity shall provide the registration materials to the registration office by written documents and electronic documents.

3)

The registration office shall examine the hazardous chemical registration files submitted by the register entity within 20 days from
the day of submission, and may conduct on-spot verification if necessary, register the hazardous chemicals and the register entities
that meet the requirements, record the relevant data into the hazardous chemical administration database of the area and submit the
registration materials to the Registration Center.

4)

The Registration Center shall, within 10 days from receiving the registration materials submitted by the registration office, make
necessary examination and record the relevant data into the national hazardous chemical administration database before issuing the
hazardous chemical registration certificate and registration number to the register entity through the registration office.

5)

The registration office shall, within 5 days from receiving the registration certificate and registration number, serve the certificate
and number to the register entity or notify the register entity to draw them.

Article 17

When making registration, a production entity shall submit the following materials to the registration office of the province, autonomous
region or municipality directly under the Central Government where it is located:

1)

Hazardous Chemical Registration Form in triplication and one piece of the electronic version thereof;

2)

Two copies of the business license;

3)

Reports on the appraisal, classification and evaluation of the chemicals with unclear hazardous natures or of the new chemicals, three
pieces of each;

4)

Chemical safety technical specification and chemical safety label, three pieces and one electronic version of each;

5)

Emergent consultation service telephone number. If a relevant agency has been entrusted to set up the emergent consultation service
telephone, the trust deed for emergent services shall be provided;

6)

Product standards of the hazardous chemicals to be registered (if the state standards or industrial standards are adopted, the standard
numbers shall be provided).

A storage entity or use entity shall submit the materials provided for in Items 1), 2) and 4) above mentioned.

Article 18

The valid term of a registration certification of hazardous chemicals is 3 years. The register entity shall, within 3 months prior
to the expiration of the valid term, go through the review with the registration office of the province, autonomous region or municipality
directly under the Central Government where it is located. The contents to be reviewed shall include: alteration of the basic information
of the production entity, storage entity or use entity, and updates of the safety technical specification and safety label etc.

Article 19

A register entity shall perform the following obligations:

1)

Making general examinations of its hazardous chemicals and establish the administration archives of hazardous chemicals;

2)

Faithfully filling out the registration materials of hazardous chemicals;

3)

Appraising, classifying and evaluating the chemicals with unclear hazardous natures or the new chemicals produced by the entity;

4)

A production entity shall correctly draw up the chemical technical specifications according to the national standard and provide the
specifications to the users, hang or stick the chemical safety labels onto the packaging of the products, provide accurate and reliable
data and be responsible for the authenticity of the data;

5)

A storage entity or use entity of hazardous chemicals shall ask for the safety technical specifications from the entity supplying
the products;

6)

A production entity must provide the users with the chemical accident emergent consultation services, and provide technical directions
and necessary assistance for emergent rescue in chemical accidents;

7)

Assisting the registration staff to make verification of the hazardous chemical registration of the entity when necessary.

Article 20

When a production entity terminates the production of hazardous chemicals, it shall go through the formalities for writing off the
registration within 3 months from the termination of production.

Where a use entity terminates the use of hazardous chemicals, it shall go through the formalities for writing off the registration
within 3 months from the termination of use.

Chapter IV Penalty provisions

Article 21

If a production entity, storage entity or use entity is in any of the following situations, the body of safety production supervision
and administration at or above the county level shall order it to correct its behavior and impose on it a fine of less than 30,000
yuan regarding the seriousness of the circumstances:

1)

Failing to make the registration of hazardous chemicals pursuant to the provisions, or failing to make the registration within 6 months
from the day of receipt of the notification for registration;

2)

Failing to provide the emergent consultation services to the users;

3)

Transferring, renting or forging the registration certificate;

4)

A register entity that has made the registration failing to go through the registration formalities anew pursuant to the provisions
in case of major changes in the production scale, or the product categories, or the physical and chemical characteristics of the
products;

5)

Failing to apply for review pursuant to the provisions after the hazard chemical registration certificate expires;

6)

A production entity or use entity failing to go through the formalities for writing off the registration in time pursuant to the provisions
in case of termination of the production or termination of use of hazardous chemicals.

Article 22

If the staff of the Registration Center or registration office operate against the rules, conduct fraudulent acts, overissue the certificates,
or fail to make the registration within the prescribed time limit without due cases and give no clear answer, or disclose the commercial
secrets of the register entities, the body of safe production supervision and administration at or above the provincial level shall
order them to correct their behaviors, and shall give administrative punishments to the relevant responsible personnel, and shall
investigate for the responsibilities of the principal of the Registration Center or registration office.

Chapter V Supplementary Rules

Article 23

The hazard chemical registration forms, the hazard chemical registration certificates and the post certificates of hazard chemical
registration staff shall be uniformly printed by the State Bureau of Safe Production Supervision and Administration.

Article 24

The power to interpret the present Measures shall be authorized to the State Bureau of Safe Production Supervision and Administration.

Article 25

The present Measures shall enter into force on November 15, 2002, and the Provisions on the Administration of Registration of Hazards
Chemicals promulgated by the State Economic and Trade Commission on September 11, 2000 shall be abolished simultaneously.



 
The State Economic and Trade Commission
2002-10-08

 






MEASURES ON ADMINISTRATION OF FOREIGN-FUNDED INTERNATIONAL FREIGHT AGENCY ENTERPRISES

Decree of the Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China

No.36

In order to perform the relevant commitments of China’s accession to WTO and to further promote the development of international freight
agency in China, the Measures of the People’s Republic of China on Administration of Foreign-funded International Freight Agency
Enterprises were adopted at the 11th executive meeting of ministers of the Ministry of Foreign Trade and Cooperation and are hereby
promulgated. These Measures shall come into force on the 30th day after the day of promulgation, the former Decree No.31 of 2001
shall be nullified at the same time.
Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guangshen

December 11, 2002

Measures on Administration of Foreign-funded International Freight Agency Enterprises

Article 1

In order to promote the healthy development of international freight agency in China and to regulate the establishment and operation
of foreign-funded international freight agency enterprises, these Measures are enacted in accordance with the relevant state laws
and regulations on foreign-funded enterprises and the Provisions of the People’s Republic of China for the Administration of International
Freight Agency Industry.

Article 2

Foreign-funded international freight agency enterprises as used in these provisions refer to the enterprises with foreign investment
that are established by foreign investors in the form of Chinese-foreign equity joint venture, Chinese-foreign contractual joint
venture or sole foreign proprietorship, and that deal with international freight and relevant businesses for the trustor in the trustor’s
name or the enterprise’s own name upon commission of the consignee or consigner of import or export goods, and collect remuneration
(hereinafter referred to as foreign-funded international freight agency enterprises).

Article 3

The Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China (hereinafter referred to as MOFTEC) and
the bodies authorized thereby are in charge of the approval and administration of foreign-funded international freight agency enterprises.

Article 4

Foreign investors may establish foreign-funded international freight agency enterprises within China in the form of Chinese-foreign
equity joint venture, Chinese-foreign contractual joint venture or sole foreign proprietorship.

In a Chinese-foreign equity or contractual joint international freight agency enterprise established by foreign investors, the capital
contribution of the Chinese party shall not be lower than 25%; the specific time for acceptance of applications for solely foreign-funded
international freight agency enterprises shall be promulgated by MOFTEC separately.

Foreign investors may purchase established foreign-funded international freight agency enterprises by purchasing stock equity, however,
the equity ratio and investors’ qualification must meet the requirements of these provisions, where state-owned assets are involved,
the relevant laws and regulations shall be followed.

Article 5

The Chinese and foreign parties applying for establishment of a foreign-funded international freight agency enterprise must meet
the following conditions:

1)

At least one Chinese party is an international freight agency enterprise undertaking international freight agency business, or an
import and export enterprise, or an enterprise engaging in relevant transport or storage business, the Chinese party meeting the
aforesaid conditions shall be the largest shareholder among the Chinese parties;

2)

At least one foreign party is an enterprise that has dealt with international freight agency for 3 years or more, and the foreign
party meeting the aforesaid conditions shall be the largest shareholder among the foreign parties;

3)

None of the Chinese and foreign parties has any record of violation of the industry rules in the 3 years prior to the day of application.

Article 6

If an international freight agency enterprise established within China by one foreign party has been in operation for less that 2
years, the said foreign party may not invest to establish a second international freight agency enterprise.

Article 7

For establishment of a foreign-funded international freight agency enterprise, the following requirements must be met:

1)

Having a registered capital of at least 1 million US dollars;

2)

Having at least 5 personnel who have engaged in international freight agency for 3 years or more or who have obtained the corresponding
qualification certificates;

3)

Having a fixed business site;

4)

Having necessary business facilities, such as communication, transport, loading and packaging etc.

Article 8

A foreign-funded international freight agency enterprise may deal with part or all of the following business upon approval:

1)

Booking (ship leasing, air chartering and cabin chartering), consigning, storing and packaging;

2)

Supervision of loading and unloading of goods, consolidating and devanning, distribution, transferring and relevant short-distance
transport services;

3)

Acting as an agent to make customs declarations, check and inspection, and to purchase insurance;

4)

Preparing the relevant documents, paying for the freight, settling and paying the miscellaneous expenses;

5)

Freight agency of international exhibits, personal articles and goods in transit;

6)

International multimode transport and container shipping (including consolidation);

7)

International express (excluding delivery of personal letters and official documents of party, political and military bodies at and
above the county level);

8)

Consulting and other international freight agency business.

Enterprises undertaking international express delivery of letters or articles with the nature of a letter (excluding delivery of personal
letters and official documents of party, political and military bodies at and above the county level) must, upon approval of the
departments of foreign trade and economic cooperation, make the post trust certificate with the post department.

Article 9

To establish a foreign-funded international freight agency enterprise, the party shall file an application with MOFTEC pursuant to
the procedures provided for in the existing state laws and regulations on foreign-funded enterprises, MOFTEC and the department authorized
thereby are in charge of examining and approving the establishment of the enterprise, and issuing of the Foreign-funded Enterprise
Approval Certificate and International Freight Agency Enterprise Approval Certificate. The following documents shall be provided
for the establishment of a foreign-funded international freight agency enterprise:

1)

Application form;

2)

Feasibility study report;

3)

Contract and articles of association;

4)

Name list and resumes of the directors and major managerial personnel;

5)

Notice for advance approval of enterprise name issued by the industry and commerce department;

6)

Registration certifications and credit certifications in the countries or regions where the investors are located;

7)

Qualification certifications of the major investors;

8)

Certifications of the enterprise’s business site;

9)

Other documents to be provided as required by the examination and approval body.

Article 10

The operation duration of a foreign-funded international freight agency enterprise shall not exceed 20 years as a general principle.

Article 11

If it has been one year or more since a foreign-funded international freight agency enterprise started business and the capital contributions
have all been made by the parties, the enterprise may apply for setting up branches in other places of China.The business scope of
a branch shall fall within that of the head company. The civil liabilities of the branch shall be borne by the head company. The
registered capital of a foreign-funded international freight agency enterprise shall be subject to a 120, 000-US-dollars increase
for each branch it sets up to operate as an international freight agency. For those cheating the examination and approval body for
approval for establishment of branch by making false capital contribution or withdrawing registered capital etc, the examination
and approval body will cancel the International Freight Agency Enterprise Approval Certificate of the branch, aside from giving punishment
pursuant to the relevant regulations.

To apply for setting up a branch, the party shall file an application with the MOFTEC, and the MOFTEC or the department authorized
thereby will decide whether to approve after seeking opinions from the department of foreign trade and economic cooperation of the
place where the branch is to be set up. The following documents need to be provided for setting up a branch by a foreign-funded international
freight agency enterprise:

1)

Letter of opinions of the department of foreign trade and economic cooperation of the place where the branch is to be set up;

2)

Resolution of the board of directors on setting up the branch, increasing the capital or modifying the articles of association;

3)

Agreement on modifying the contract and articles of association with respect to increase of capital;

4)

Report on the enterprise’s business operations, reasons for setting up the branch and feasibility study analysis;

5)

Report on the verification of capital;

6)

Certifications of the personnel and business site of the branch;

7)

Other documents to be provided as required by the examination and approval body.

Article 12

Foreign-funded international freight agency enterprises shall strictly abide by the relevant laws and regulations of the state on
foreign investment and the Provisions of the People’s Republic of China on Administration of International Freight Agency Industry
and the implementation rules thereof, and the relevant departments will punish any law-breaking or rule-breaking acts pursuant to
the relevant laws and regulations.

Article 13

Foreign-funded international freight agency enterprises are encouraged to join in the civil organizations and trade guilds, such
as China International Freight Forwarders Association, China Association of Enterprises with Foreign Investment etc, and voluntarily
subject themselves to industry supervision and direction.

Article 14

These measures shall be referred to for the establishment of international freight agency enterprises in the mainland of China by
companies, enterprises, other economic organizations and individuals from Hong Kong, Macao and Taiwan area.

Article 15

These Measures shall enter into force on the 30th day after the day of promulgation, the former Provisions on Administration of Foreign-funded
International Freight Agency Enterprises shall be nullified at the same time.

This is hereby the notification.



 
The Ministry of Foreign Trade and Economic Cooperation
2002-12-11

 






CIRCULAR ON TAX PAID BY FOREIGN INVESTORS MERGING THE STOCK EQUITY OF CHINESE ENTERPRISES

The State Administration of Taxation

Circular on Tax Paid by Foreign Investors Merging the Stock Equity of Chinese Enterprises

GuoShuiFa [2003] No. 60

May 28, 2003

In order to promote and regulate the investment launched by foreign investors in China, introduce foreign advanced technology and
management experiences, raise China’s level of utilizing foreign capital and realize reasonable allocation of resources, the former
Ministry of Foreign Trade and Economic Cooperation, the State Administration for Industry and Commerce, the State Administration
of Foreign Exchange and the State Administration of Taxation jointly promulgated the Interim Regulations Concerning the Issue that
Foreign Investor Merge Enterprises Within the Territory of China (hereinafter referred to as Interim Regulations) in March of 2003,
which allows foreign investors to merge the stock equity of enterprises without foreign investment within the territory of China
(hereinafter referred to as enterprises within the territory). Concerning the tax issue involved in the merger, it is hereby informed
as follows:

I.

Foreign investors enable enterprises within the territory to become enterprises with foreign investment through purchasing the stock
equity of their shareholders or subscribe their increased capital (hereinafter referred to as stock equity purchase). If foreign
investors have more than 25% of the total shares, the enterprise may pay various taxes according to tax laws and regulations suitable
to enterprises with foreign investment.

II.

For the enterprises with foreign investment changed into from an enterprise within the territory through stock equity purchase, if
they meet the relevant conditions stipulated by the Income Tax Law of the People’s Republic of China for Enterprises with Foreign
Investment and Foreign Enterprises (hereinafter referred to as Tax Law) and its detailed rules, they could enjoy preferential tax
treatment made by Tax Law and other relevant provisions. The preferential tax should be calculated according to the following provisions:

(I)

The beginning of business and operation period. The day when an industrial and commercial organ approves and issues business license
means an enterprise with foreign investment changed into from an enterprise within the territory through stock equity purchase begins
its business. From the beginning day to the business maturity date set by industrial and commercial registration is operation period.

(II)

The settlement of pre-establishment loss. The total business loss that has not been made up before an enterprise with foreign investment
established may be covered by the enterprise with foreign investment changed into from an enterprise within the territory through
stock equity purchase in the rest years of covering loss stipulated by Article 11 of Tax Law.

(III)

Identification of profit-making year. Profit-making year refers to the year when an enterprise with foreign investment changed into
from an enterprise within the territory through stock equity purchase is established and it still makes profit after making up loss
of the years before. In the profit-making year, if the production period is less than 6 months, the enterprise may choose the beginning
year of tax reduction and remission according to Article 77 of detailed rules of Tax Law.

III.

The Circular shall enter into force as of January 1, 2003. The enterprises with foreign investment changed from enterprises within
the territory through stock equity purchase established before the promulgation of the circular should adhere to the circular if
they meet the conditions of Interim Regulations and the circular.



 
The State Administration of Taxation
2003-05-28

 






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CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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