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PROVISIONS ON GUIDING THE ORIENTATION OF FOREIGN INVESTMENT

The State Council

Decree of the State Council of the People’s Republic of China

No.346

The Provisions on Guiding the Orientation of Foreign Investment are hereby promulgated and shall enter into force on April 1, 2002.

Premier of the State Council: Zhu Rongji

February 11, 2002

Provisions on Guiding the Orientation of Foreign Investment

Article 1

In order to guide the orientation of foreign investment, to keep the orientation of foreign investment in line with the national economy
and social development planning of China, and to protect of the lawful rights and interests of investors, these Provisions have been
formulated according to the laws and provision on foreign investment and the requirements of industrial policies of the State.

Article 2

These Provisions shall be applicable to the projects of investment and establishment of Chinese-foreign equity joint ventures, Chinese-foreign
contractual joint ventures and foreign-capital enterprises (hereinafter referred to all as enterprises with foreign investment),
and projects with foreign investment in other forms (hereinafter referred to as projects with foreign investment) within the territory
of China.

Article 3

The Guidance Catalog of Industry with Foreign Investment and the Catalog of Dominant Industries with Foreign Investment of the Mid-west
Region shall be formulated by the State Development Planning Commission, the State Economic and Trade Commission, the Ministry of
Foreign Trade and Economic Cooperation jointly with other relevant departments under the State Council, and shall be promulgated
upon the approval of the State Council; when it is needed to partly adjust the Guidance Catalog of Industry with Foreign Investment
and the Catalog of Dominant Industries with Foreign Investment of the Mid-west Region in light of the actual situation, the State
Economic and Trade Commission, the State Development Planning Commission, the Ministry of Foreign Trade and Economic Cooperation
jointly with the relevant departments under the State Council shall make the revision and promulgation timely.

The Guidance Catalog of Industry with Foreign Investment and the Catalog of Dominant Industries with Foreign Investment of the Mid-west
Region shall be the basis of the application of relevant policies in directing and examining and approving projects with foreign
investment and enterprises with foreign investment.

Article 4

Projects with foreign investment fall into 4 categories, namely encouraged, permitted, restricted and prohibited ones.

The Projects with foreign investment that are encouraged, restricted and prohibited shall be listed in the Guidance Catalog of Industry
with Foreign Investment. And the projects with foreign investment that don’t fall into the categories of encouraged, restricted or
prohibited projects shall be the permitted projects with foreign investment. The permitted projects with foreign investment shall
not be listed in the Guidance Catalog of Industry with Foreign Investment.

Article 5

A project in any of the following situations shall be listed as the encouraged projects with foreign investment:

1)

being of new agriculture technologies, agriculture comprehensive development, or energy, transportation and important raw material
industries;

2)

being of high and new technologies or advanced application technologies that can improve the product performance and increase the
technology economic efficiency of the enterprises or those that can produce the new equipments and new materials which the domestic
production capacity fails to produce;

3)

meeting the market needs and being able to improve the product level, develop new markets or increase the international competitive
capacity of the products;

4)

being of new technologies and new equipments that can save energy and raw material, comprehensively utilize resources and regenerate
resources, and prevent environment pollutions;

5)

being capable of bring into the advantages of human power and resources of the mid-west region into full play and being in conformity
to the industrial policies of the State;

6)

other situations as provided for by laws and administrative regulations.

Article 6

A project in any of the following situations shall be a restricted project with foreign investment:

1)

being of technology lagged behind;

2)

being adverse to saving resources and improving environment;

3)

engaged in the prospecting and exploitation of the specific type of mineral resources to which the State applies protective exploitation;

4)

falling into the industries that the State opens step by step;

5)

other situations as provided by laws and administrative regulations.

Article 7

A project in any of the following situations shall be a prohibited project with foreign investment:

1)

harming the State safety or impairing the public interests;

2)

polluting the environment, damaging natural resources or harming human health;

3)

occupying too much farmland and being adverse to the protection and development of land resources;

4)

harming the safety and usage of military facilities;

5)

using the particular techniques or technologies of China to produce products;

6)

other situations as provided for by laws and administrative regulations.

Article 8

The Guidance Catalog of Industry with Foreign Investment may provide that a enterprise with foreign investment is “limited to joint
venture, contractual venture”, “with Chinese party at the holding position” or “with Chinese party at the relatively holding position”.

“Limited to joint venture and operative venture” shall refer to that only Chinese-foreign joint ventures and Chinese-foreign contractual
joint ventures are allowed; “with the Chinese parties at the holding position” shall refer to that the total investment proportion
of the Chinese parties in the project with foreign investment shall be 51% or more; “with Chinese parties at the relatively holding
position” shall refer to that the total investment proportion of the Chinese parties in the project with foreign investment shall
be higher that the investment proportion of any foreign party.

Article 9

Apart from enjoying the preferential treatments according to the provisions of the relevant laws and administrative regulations, the
encouraged projects with foreign investment that engage in the construction and operation of energy, transportation, municipal infrastructure
(coal, oil, natural gas, electric power, railways, highways, ports, airports, city roads, sewage disposition, and garbage disposition,
etc.) that needs large amount of investment and long term for recovery may expand their relevant business scope upon approval.

Article 10

The permitted projects with foreign investment of which the products are all directly exported shall be regarded as the encouraged
project with foreign investment; the restricted projects with foreign investment of which the export sales accounts for more than
70% of their total amount of sales may be regarded as the permitted projects with foreign investment upon the approval of the people’s
governments of provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately
listed on the State plan or the competent department under the State Council.

Article 11

The conditions may be eased for the permitted and restricted projects with foreign investment that really can bring the advantages
of the mid-west region into full play; among which, those listed in the Guidance Catalog of Industry with Foreign Investment may
enjoy the preferential policies for the encouraged projects with foreign investment.

Article 12

Projects with foreign investment shall be examined and approved, and put on record respectively by the departments of development
planning and the economic and trade departments according to the limit of authority for examination and approval; the contracts and
articles of association of enterprises with foreign investment shall be examined and approved, and put on record by the departments
of foreign trade and economic cooperation. Among which, the projects with foreign investment under the limit for restricted projects
with foreign investment shall be subject to the examination and approval of the corresponding competent departments of the people’s
governments of the provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately
listed on the State plan, and shall be reported to the competent departments at the next higher level and the competent industrial
departments, the power for examination and approval of this kind of projects may not be granted to the authorities at lower levels.
The projects with foreign investment in the service area that are opened to the outside world step by step shall be subject to the
examination and approval according to the relevant provisions of the State.

The projects with foreign investment involving quotas and licenses must apply to the departments for quotas and licenses first.

Where there are otherwise provisions of laws and administrative regulations on the procedures and measures for the examination and
approval of projects with foreign investment, those provisions shall be observed.

Article 13

With respect to the projects with foreign investment examined and approved in violation of the present provisions, the organ of examination
and approval at the next higher level shall cancel it within 30 workdays from the day of receiving the documents for record of that
project, its contract and articles of association shall be void, the department of enterprise registration shall not register it
and the customs shall not handle the procedures for import and export for it.

Article 14

Where the applicant of a project with foreign investment manages to obtain the approval for the project by deceiving or other illicit
means, his legal liabilities shall be investigated for according to law regarding the seriousness of the circumstances; the organ
of examination and approval shall cancel the approval for that project and the relevant competent organs shall deal with it correspondingly
according to law.

Article 15

Where any of the personnel of the organ of examination and approval abuses his power or neglects his duties, criminal responsibilities
shall be investigated for according to the provisions of the criminal law on the crime of abusing powers or the crime of neglecting
duties; where the circumstances are not serious enough for criminal punishment, administrative punishment of recording a special
demerit or more severe punishment shall be given.

Article 16

With respect to the investment projects established by overseas Chinese and the investors from the Hong Kong Special Administration
Region, Macao Special Administrative Region or Taiwan Area, these Provisions shall be applicable by reference in implementation.

Article 17

These Provisions shall enter into force on April 1, 2002. The Interim Provisions on the Guidance of Foreign Investment Directions
approved by the State Council on June 7, 1995 and promulgated by the State Planning Commission, the State Economic and Trade Commission
and the Ministry of Foreign Trade and Economic Cooperation on June 20, 1995 shall be nullified simultaneously.



 
The State Council
2002-02-11

 







MEASURES FOR THE ADMINISTRATION OF IMPORT OF AUDIO AND VIDEO PRODUCTS

The Ministry of Culture, the General Administration of Customs

Decree of the Ministry of Culture and the General Administration of Customs

No.23

The Measures for the Administration of Import of Audio and Video Products are hereby promulgated and shall enter into force on June
1, 2002.

Minister of the Ministry of Culture: Sun Jiazheng

Director of the General Administration of Customs: Mu Xinsheng

April 17, 2002

Measures for the Administration of Import of Audio and Video Products

Chapter 1 General Provisions

Article 1

In order to strengthen the administration of import of audio and video products, to promote the international culture exchanges and
to enrich the culture life of the people, these Measures have been formulated according to the Regulations on the Administration
of Audio and Video Products and the relevant provisions of the State.

Article 2

The audio and video products as used in these Measures shall refer to the audio tapes, video tapes, gramophone records, compact discs
and laser discs etc. on which contents are recorded.

Article 3

These Measures shall apply to the import of finished audio and video products and the import from abroad of audio and video products
used for publication, information network dissemination and other purposes.

Article 4

The Ministry of Culture shall be responsible for the supervision and administration of the import of audio and video products of the
whole country, formulating the planning on imports of audio and video products, examining the contents of the imported audio and
video products and determining the total number, overall arrangements and structures of the units engaging in the imports of finished
audio and video products.

The administrative departments of culture of the local people’s governments at and above the county level shall be responsible for
the supervision and administration of the import of audio and video products within their respective administrative areas in accordance
with these Measures.

The customs at various levels shall be responsible for the supervision and administration of the import of audio and video products
within their respective scope of duties.

Article 5

The import of audio and video shall abide by the Constitution and the relevant laws and regulations, adhere to the orientation of
serving the people and serving the socialism, disseminate the thoughts, ethics, science and technology, and culture knowledge conducive
to the economic development and social progress.

Article 6

The State shall prohibits the import of the audio and video products that contain any of the following contents:

1)

those which go against the basic principles established by the Constitution;

2)

those which endanger the unity, sovereignty, territory integrity of the nation;

3)

those which divulge the State secrets, endangers the national security or damage the honor or interests of the State;

4)

those which incite the nationality hatred or discrimination, undermine the solidarity of the nationalities, or infringe upon the nationality
customs or habits;

5)

those which advocate evil cults or superstition;

6)

those which disrupt the public order or undermine the social stability;

7)

those which advocate obscenity, gambling, violence or instigate crimes;

8)

those which insult or defame others, or infringe upon the lawful rights and interests of others;

9)

those which harm the social morality or the fine folk culture tradition;

10)

other contents that are prohibited by laws, regulations and provisions of the State.

Article 7

The State shall apply a license system to the import of audio and video products.

Chapter 2 Import Entities

Article 8

The import of audio and video products shall be managed by the audio and video product operating entities designated by the Ministry
of Culture; no entity or individual may engage in the imports of audio and video products without the designation of the Ministry
of Culture.

Article 9

Where libraries, institutions of audio and video materials, institutions of science and technology research and schools, etc. import
the finished audio and video products used for research or teaching reference, they shall entrust the entities managing imports of
audio and video products designated by the Ministry of culture to handle the procedures for examination and approval of import.

Article 10

The audio and video product publishing entities may engage in the publishing of imported audio and video products within the approved
business scope of publishing.

Chapter 3 Import Examination

Article 11

The audio and video product import entities shall apply to the Ministry of Culture for content examination when importing audio and
video products.

Article 12

The Ministry of Culture shall establish the Committee of Content Examination of Audio and Video Products to be responsible for the
examination of the contents of the imported audio and video products. The Committee shall establish an office to be responsible for
the daily work of examination of the contents of the imported audio and video products.

Article 13

One who wishes to import finished audio and video products shall file an application with the Ministry of Culture and submit the following
documents and materials:

1)

application form for examination of the imported audio (video) products;

2)

draft of the import agreement;

3)

sample of the program, lyrics in Chinese and foreign languages;

4)

other materials needed for the content examination.

Article 14

One who wishes to import the audio and video products used for publication shall file an application with the Ministry of Culture
and submit the following documents and materials:

1)

application form for examination of the imported audio (video) products;

2)

draft of the copyright trade agreement (versions in Chinese and foreign languages), certificate of the original copyright, authorization
letter of copyright and the certification of registration issued by the copyright certification agencies of the State;

3)

sample of the program;

4)

other materials needed for the content examination.

Article 15

As for the import of the audio and video products used for exhibitions and shows, the entity holding the exhibitions and shows shall
file an application and submit the catalog and sample of the audio and video products to the Ministry of Culture for content examination.
The customs shall regard those products as temporary import goods and handle them accordingly.

Article 16

The import of the audio and video products used for information network dissemination shall be handled in reference to the provisions
of Article 14 of these Measures.

Article 17

An import entity may not purposely alter the original name and contents of the sample program submitted to the Ministry of Culture
for content examination.

Article 18

The Ministry of Culture shall make the decision on whether to approve or not within 30 days from receiving the application for import
of audio and video products. For those approved, the documents of approval shall be granted; for those not approved, the reasons
shall be explained.

The contents of the documents of approval may not be altered, where the alteration is necessary, it shall be handled anew. The documents
of approval shall be valid for only one customs declaration and may not be used accumulatively.

Chapter 4 Import Administration

Article 19

No entity or individual may publish, reproduce, wholesale, retail, rent, show for profit or disseminate through information network
the audio and video products of which the import hasn’t been approved by the Ministry of Culture.

Article 20

No entity or individual may reproduce for profit, wholesale, retail, rent or show for profit the imported audio and video products
used for research, teaching reference or exhibitions and shows.

Where the imported audio and video products used for exhibitions and shows do need to be sold or presented within China, the procedures
for approval shall be gone through in accordance with these Measures before the sale or presentation.

Article 21

The import agreement or contract signed by an import entity and a foreign party shall comply with the laws and regulations of China.

Article 22

Within the term of copyright authorization of the audio and video products approved to be imported for publication, their finished
audio and video products may not be imported.

Article 23

The publication of imported audio and video products by an audio and video publishing entity shall meet the requirements of the documents
of approval of the Ministry of Culture, and the entity may not purposely alter the program name or add or delete any program content;
when publishing the imported audio and video products, the entity must indicate the document number of the document of approval for
import issued by the Ministry of Culture on the eye-catching places of the audio and video products and the packing thereof, and
shall use the approved Chinese program name, and with respect to a program in foreign language, the name in Chinese and that in the
foreign language shall be indicated on the audio and video product and the cover packing thereof.

Article 24

The languages and characters used in the publication of imported audio and video products shall meet the language and character criterions
promulgated by the State.

Article 25

An import entity shall submit a sample to the Ministry of Culture for record within 30 days after the publication of the imported
audio and video products.

If the audio and video products imported upon the approval of the Ministry of Culture haven’t been published and released within 1
year from the day of approval, the import entity shall report to the Ministry of Culture for record and explain the reasons; as for
those of which the import has been decided to be terminated, the Ministry of Culture shall cancel their approval document numbers.

Article 26

An import entity of audio and video products shall go through the import procedures for the original tapes (original discs) or the
finished audio and video products at the customs on the basis of the document of approval for imports of audio and video products
issued by the Ministry of Culture.

Article 27

Where an individual takes or mails the audio and video products used for non-profitable purposes into or out of the borders, the relevant
administration provisions of the customs shall be applied.

Article 28

These Measures shall not apply to the audio and video products, which record the operation system, equipment specifications, special
software and other contents, that are imported together with the machinery and equipment and that are re-exported with the machinery
and equipment after import, and the customs shall check and release those products on the basis of the contracts, vouchers and other
valid bills and certificates provided by the import entity.

Chapter 5 Penalty Provisions

Article 29

If anyone purposely engages in the import of finished audio and video products without approval or purposely reproduce the audio and
video products not approved by the Ministry of Culture for import, he shall be punished according to the relevant provisions of the
Regulations on the Administration of Audio and Video Products.

Article 30

If anyone has committed any of the following acts, he shall be ordered by the administrative department of culture at or above the
level of county to stop his illegal acts and be given a warning, and the illegal audio and video products and the illegal gains shall
be confiscated; where the illegal sale income is more than 10,000 Yuan, a fine of not less than 5 times but not more than 10 times
of the illegal sale income shall be imposed concurrently; where the illegal sale income is less than 10,000 Yuan, a fine of not less
than 10, 000 Yuan but not more than 50,000 Yuan shall be imposed concurrently; where the circumstances are serious, he shall be ordered
to stop the business for rectification or the license shall be revoked by the organ that originally issued it:

1)

publishing, wholesaling, retailing, renting, showing and disseminating through information network the audio and video products of
which the import hasn’t been approved by the Ministry of Culture;

2)

wholesaling, retailing, renting and showing for profit the imported audio and video products used for research, teaching reference
or exhibitions and shows.

Article 31

If anyone, in violation of these Measures, fails to indicate the document number of the document of approval for import granted by
the Ministry of Culture when publishing the imported audio and video products, the administrative department of culture at or above
the level of county shall order him to correct the acts and give him a warning, where the circumstances are serious, he shall be
ordered to stop the business for rectification for 3 to 6 months, or the license shall be revoked by the organ that originally issued
it

Article 32

If anyone, in violation of these Measures, has committed any of the following acts, the administrative department of culture at or
above the county level shall order him to correct the acts and give him a warning, and may impose on him a fine of not less than
5,000 Yuan but not more than 10,000 Yuan:

1)

the languages and characters used in the publication of imported audio and video products failing to meet the language and character
criterions promulgated by the State;

2)

the import entity failing to submit the sample to the Ministry of Culture for record according to the provisions;

3)

failing to report to the Ministry of Culture for record and explain the reasons when failing to publish and release, within 1 year
from the day of approval, the audio and video products of which the import has been approved, or when deciding to terminate the import
of the said products.

Article 33

If any audio and video publishing entity, when publishing and disseminating through information network the imported audio and video
products, violates the requirements of the documents of approval of the Ministry of Culture, purposely alters the program name or
add or delete the program contents, the Ministry of Culture shall give it a warning and impose on it a fine of not less than 10,000
Yuan but not more than 30,000 Yuan.

If the unit purposely adds or deletes the contents of the audio and video products imported after examination and approval, the administrative
department of culture at or above the county level shall give it a warning, order it to stop publishing, reproducing, wholesaling
and spreading through information network those audio and video products, confiscate the illegally managed audio and video products
and the illegal gains, and order it to stop business for rectification for half to 1 year; if the illegal sale income is more than
10,000 Yuan, a fine of not less than 5 times but not more than 10 times of the illegal income shall be imposed concurrently; if the
illegal sale income is less than 10,000 Yuan, a fine of not more than 50,000 Yuan may be imposed concurrently; if the circumstances
are serious, the license shall be revoked by the organ that originally issued it. If a crime has been constituted, the criminal responsibilities
shall be investigated.

Article 34

Anyone who violates the Customs Law and the relevant administration provisions shall be dealt with by the customs.

Chapter 6 Supplementary Provisions

Article 35

The import of audio and video products from the Special Administrative Region of Hong Kong, the Special Administrative Region of Macao
and the Taiwan area of China shall be carried out with reference to these Measures.

Article 36

The power to interpret these Measures shall remain with the Ministry of Culture. Where any customs operations are involved, the General
Administration of Customs shall be responsible for the interpretation.

Article 37

These Measures shall enter into force on June 1, 2002, and the Measures for the Administration of Import of Audio and Video Products
promulgated by the Ministry of Culture and the General Administration of Customs on April 30, 1999, shall be nullified simultaneously.



 
The Ministry of Culture, the General Administration of Customs
2002-04-17

 







CNNIC DOMAIN NAME DISPUTE RESOLUTION POLICY

e03190,e03189200209252002093020060317China Internet Network Information Centreepdf/e03188.pdfGDomain Name, internet, Domain Name Dispute, Domain Name Registratione03188CNNIC Domain Name Dispute Resolution PolicyChina Internet Network Information CentreSeptember 25, 2002Article 1 This Policy is formulated in accordance with relevant Chinese laws, administrative regulations and policies, as well as the provisions
of the “China Internet Domain Names Regulations”, in order to resolve the domain name disputes on the Internet.
Article 2 This Policy is applied to resolve the disputes stemming from registration or use of the .CN domain names and Chinese domain names,
which are subject to the management of the China Internet Network Information Centre (“CNNIC”).
Article 3 The Domain name disputes shall be resolved with the Dispute Resolution Service Providers recognized by CNNIC.The Dispute Resolution Service Providers shall, in accordance with this Policy and the Rules for CNNIC Domain Name Dispute Resolution
Policy, formulate the supplemental rules of dispute resolution procedure and Panellist appointment.
Article 4 The Dispute Resolution Service Providers shall implement a system whereby Panels of experts are responsible for the resolution of
disputes. The Panels are composed of one or three Panelists, who have expertise on computer networks and laws, possess a high sense
of professional ethics and are capable of rendering independent and unbiased Decisions in domain name disputes. The List of the Panelists
shall be published on line by the Dispute Resolution Service Providers, and the Complainants and the Respondents may select the Panelists
there from.
Article 5 Any institution or person who considers that a registered domain name conflicts with the legitimate rights or interests of that institution
or person may file a Complaint with any of the Dispute Resolution Service Providers.Upon the acceptance of the Complaint, Dispute Resolution Service Providers shall form a Panel in accordance with the procedural rules.
The Panel shall, in accordance with this Policy, the relevant procedural rules, and the principle of independence, impartiality and
convenience, render a Decision to the dispute within 14 days from the date of the appointment of the Panel.
Article 6 The language of the domain name dispute resolution proceeding shall be Chinese, unless otherwise agreed by the parties or determined
by the Panel.
Article 7 The Complainant and the Respondent shall bear the burden of proof for their own claims.Article 8 Support of a Complaint against a registered domain name is subject to the following conditions:(1)the disputed domain name is identical with or confusingly similar to the Complainant’s name or mark in which the Complaint has civil
rights or interests;
(2)the disputed domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain name;(3)the disputed domain name holder has registered or is being used the domain name in bad faith.Article 9 Any of the following circumstances may be the evidence of the registration or use of a domain name in bad faith:(1)the disputed domain name holder has registered or acquired the domain name for the purpose of selling, renting or otherwise transferring
the domain name to obtain unjustified benefits;
(2)the disputed domain name holder registered the domain name in order to prevent the owners of the name or mark from reflecting the
name or the mark in a corresponding domain name, provided that the domain name holder has been engaged in a pattern of such conduct;
(3)the disputed domain name holder has registered or acquired the domain name for the purpose of damaging the Complainant’s reputation,
disrupting the Complainant’s normal business or creating confusion with the Complainant’s name or mark so as to mislead the public;
(4)other circumstances which may prove the bad faith.Article 10 If a Complainant files Complaints against multiple domain names owned by the same domain name holder, the Complainant or the Respondent
may request that the Dispute Resolution Service Providers consolidate the disputes before a single Panel. The Panel may determine
whether to make the consolidation.
Article 11 Before the Panel makes the Decision to a dispute, either party who believes that any of the Panelists has a material interest in the
opposite party and the material interest could influence the impartiality of the Decision may request the Dispute Resolution Service
Provider to ask the Panelist to withdraw from the Panel. In the request, the facts and reasons shall be stated and the supporting
evidence be provided. Dispute Resolution Service Provider shall have the discretion to determine whether the Panelist shall withdraw.
Article 12 CNNIC and the registrars shall not participate in the domain name resolution proceedings in any capacity or manner other than providing
the information relevant to the registration and use of the domain name upon the request of the Dispute Resolution Service Providers.
Article 13 The Panel shall make the Decisions on the basis of the facts related to the dispute and the evidence submitted by the Complainant
and the Respondent.Where the Panel supports the Complaint, the registered domain name shall be cancelled or transferred to the Complainant; otherwise,
the Complaint shall be rejected.
Article 14 Before a Complaint is filed pursuant to this Policy, or during the dispute resolution proceedings, or after the expert Panel has rendered
its Decision, either party may institute an action concerning the same dispute with the Chinese court at the place where CNNIC ‘s
principal office is located or subject to the agreement between the parties, submit the dispute to a Chinese arbitration institution
for arbitration.
Article 15 If the Dispute Resolution Service Provider rules in its Decision to cancel the registered domain name or to transfer it to the Complainant,
the domain name Registrar, before enforcing the Decision, shall wait 10 calendar days calculating from the date on which the Decision
is published. If during such waiting period the Respondent submits valid proof attesting that a competent judicial authority or arbitration
institution has accepted the relevant dispute, the registrar shall not enforce the Decision of the Dispute Resolution Service Provider.After the Decision of the Dispute Resolution Service Provider is suspended, the Registrar shall take the further action as follows:
(1)if any proof attests that the parties have reached a settlement by themselves, the Registrar shall enforce such settlement.(2)if any proof attests that the party that instituted the judicial action or applied for arbitration has withdrawn the Complaint or
the relevant action or Complaint has been rejected, the Registrar shall enforce the Dispute Resolution Service Provider’s Decision;
(3)if the judicial authority or arbitration institution has rendered a judgment or an award that has become legally effective, the Registrar
shall enforce such judgment or award;
Article 16 During the dispute resolution proceedings and 10 calendar days after the Decision is published, the domain name holder shall not apply
for the transfer or cancellation of the disputed domain name, unless the transferee agrees in writing to accept the Decision of the
Dispute Resolution Service Provider.
Article 17 A Dispute Resolution Service Provider shall establish a dedicated website, receive Complaints concerning domain name disputes on line
and make relevant materials concerning the domain name dispute cases publicly available. However, the Dispute Resolution Service
Provider, upon the request of the Complainant or the Respondent, may keep confidential materials and information that may cause damage
to the interests of the party if made publicly available.
Article 18 CNNIC has the right to amend this Policy in accordance with the development of the Internet and the domain name system and revision
of the relevant Chinese laws, administrative regulations and policies, etc. The amended Policy will be published on the website and
be implemented 30 calendar days after the date of publication. The amended Policy shall not apply to domain name disputes that had
been submitted to a Dispute Resolution Service Provider prior to the amendment of this Policy.The amended Policy will automatically become a part of existing domain name registration agreements between the domain name holder
and the Registrar. If a domain name holder does not agree to be bound by the Policy or its amended version thereof, he shall notify
the Registrar in a timely manner. The Registrar will continue the domain name services for the domain name holder for 30 calendar
days after the receipt of such notification and cancel the relevant domain name registration after the passage of the 30 calendar
days.
Article 19 This Policy is subject to the interpretation of CNNIC.Article 20 This Policy shall be implemented since September 30, 2002. Chinese Character Domain Name Dispute Resolution Policy (Trial Implementation)
ceases effect simultaneously.



 
China Internet Network Information Centre
2002-09-25

 







CIRCULAR OF THE MINISTRY OF COMMUNICATIONS ON STRENGTHENING THE ADMINISTRATION OF TRAMP SHIP TRANSPORT ACROSS TAIWAN STRAIT

The Ministry of Communications

Circular of the Ministry of Communications on Strengthening the Administration of Tramp Ship Transport Across Taiwan Strait

JiaoShuiFa [2002] No.552

November 26, 2002

The communications departments (bureaus, commissions) and maritime bureaus of the provinces, autonomous regions and municipalities
directly under the Central Government, the bureaus (commissions) of communications and maritime bureaus of the municipalities separately
listed on the State plan, and the harbor bureaus, harbor group corporations and maritime bureaus of the open ports:

In accordance with the Measures for the Administration of Shipping Across Taiwan Strait promulgated by the Ministry of Communications
in August of 1996 and the Regulations of the People’s Republic of China on International Shipping promulgated by the State Council
in December of 2001, no enterprise or ship may, without the approval of the communications authority under the State Council, operate
water transport straight from China’s mainland to Taiwan area or vice versa, or through a third place.

During the recent years, the Ministry of Communications have effectively administered the across-strait liner transport, which is
in good order and provides effective and reliable transport services for the across-strait trade. Recently it has been found that
some ship companies engaging in tramp ship transport across Taiwan Strait hasn’t implemented the aforesaid provisions, especially
a small number of foreign ship companies operate across-strait transport business without approval, and thus seriously violate the
policies and provisions on across-strait transport.

In order to strictly execute the regulations and to promote the realization of complete and straight navigation across Taiwan Strait,
the administration of across-strait tramp ship transport must be strengthened, all the ship companies engaging in across-strait transport
shall go through the examination and approval procedures with the Ministry of Communications pursuant to the provisions as soon as
possible. From the day of promulgation of this Circular to December 31, 2002, For the across-strait goods transport contracts that
have been signed, and the goods concerned must be transported within this year, the mainland ship companies shall file applications
directly with the Ministry of Communications according to the procedures for submitting separate applications for approval; the ship
companies of Taiwan, Hong Kong and Macao areas shall file applications directly with the Ministry of Communications through their
mainland ship agencies with the power of ship agency for foreign trade transport; if it is really necessary, foreign ship companies
may also file applications directly with the Ministry of Communications through the aforesaid ship agencies in China’s mainland.
The Ministry of Communications will examine and approve the aforesaid applications on a separate basis. The following materials shall
be provided for the application: Written application (including goods to be transported, calling port, beginning and end time), business
license (copy) and ship materials (including ship classification, nationality of ship, and ship ownership certificate etc). For across-strait
tramp ship transport by time charter or bareboat charter, copy of the charter contract or corresponding documents shall also be provided.

To apply for undertaking across-strait tramp ship transport after January 1, 2003, the applicant shall be a ship company registered
in China’s mainland with the qualification for foreign trade transport; or a ship company registered in Hong Kong, Macao that is
the asset of permanent residents of Hong Kong or Macao, or of residents of China’s mainland or Taiwan area; or a ship company registered
in Taiwan area. Among them, the mainland ship company shall be a direct applicant, the ship company of Hong Kong, Macao or Taiwan
shall entrust its ship agency in China’s mainland that has the power of ship agency for foreign trade transport to file the application
on its behalf. The aforesaid ship companies shall use the ships provided for in the Measures for Administration of Shipping Across
Taiwan Strait to undertake tramp ship transport, no ships of foreign companies may be used except for special needs.

The application process shall follow the relevant provisions of the Measures for Administration of Shipping Across Taiwan Strait (Decree
[1996] No. 6 of the Ministry of Communications of the People’ s Republic of China) and the Circular on Relevant Issues Concerning
Implementation of the Measures for Administration of Shipping Across Taiwan Strait (JiaoShuiFa [1996] No.941), and the application
shall be examined by the communications authority of the province, autonomous region or municipality directly under the Central Government
of the place where the applicant or the applicant’s agent is located before being transmitted to the Ministry of Communications for
examination and approval. The Ministry of Communications shall make the decision on whether to approve or not within 45 days from
receiving the full set of application materials examined and transmitted, and shall send a copy of the decision opinions to the communications
authority of the province, autonomous region or municipality directly under the Central Government that made the examination.

The application materials shall include: written application, sample of the ocean bill of lading used by the applicant ship company,
credit certifications of the applicant ship company, business license (copy) and ship materials (including ship classification, nationality
of ship, and ship ownership certificate etc); for across-strait tramp ship transport by time charter or bareboat charter, copy of
the charter contract or corresponding documents shall also be provided.

The Ministry of Communications shall issue the License for Waterway Transport Across Taiwan Strait and the Certificate of Ship Operation
Across Taiwan Strait to the ship companies that have been approved to operate tramp ship transport across Taiwan Strait. The valid
term of the license and certificate is 3 years. For continuous operation of tramp ship transport across Taiwan Strait after the expiration
of the valid term, the relevant ship company shall file a written application pursuant to the aforesaid application procedures 40
days earlier. If there are new provisions after the actual straight navigation across Taiwan Strait is realized, such new provisions
shall be observed.

From January 1, 2003, the relevant departments of the ports shall make strict inspections, and shall seriously deal with the ship
companies that undertake across-strait transport without the License for Waterway Transport Across Taiwan Strait and the Certificate
For Ship Operation Across Taiwan Strait.



 
The Ministry of Communications
2002-11-26

 







CIRCULAR OF THE MINISTRY OF COMMERCE ON THE PILOT WORK CONCERNING THE EXAMINATION AND APPROVAL OF OVERSEAS INVESTMENTS






Circular of the Ministry of Commerce on the Pilot Work concerning the Examination and Approval of Overseas Investments

Shang He Zi [2003] No. 16
April 28, 2003

The foreign trade and economic cooperation commissions (departments or bureaus) of Beijing City, Tianjin City, Shanghai City, Jiangsu
Province, Zhejiang Province, Ningbo City, Fujian Province, Xiamen City, Shandong Province, Qingdao City, Guangdong Province and Shenzhen
City,

In order to accelerate the “going global” strategy and encourage the relatively advantageous enterprises of various type of ownership
to make investments abroad, this Ministry has carried out a pilot reform, namely decentralizing the power to examine and approve
outbound investments and streamlining the outbound investment examination and approval formalities in Beijing City, Tianjin City,
Shanghai City, Jiangsu Province, Shandong Province, Zhejiang Province, Guangdong Province, Fujian Province, Qingdao City, Ningbo
City, Shenzhen City and Xiamen City. In order to do well the pilot work, find the problems and summarize the experience in time,
you are hereby notified of the items as follows:

1.

In accordance with the requirements of pilot documents, the foreign trade and economic cooperation administrative department of each
pilot province or city (hereinafter referred to as the local administrative department) shall do the examination and approval, archival
filing and statistical work involving the overseas enterprises in an earnest manner. With the approval from a local administrative
department of setting up an overseas enterprise (institution), an Archival Filing Form of Overseas Enterprises (Institutions) Applying
for an Approval Certificate (for specimen, see the Annex) shall be filled out and an official seal shall be affixed to it. An approval
certificate shall be fetched by the applicant from (the Cooperation Department of) this Ministry upon the strength of the Archival
Filing Form and the reply of the local administrative department. After the on-line certificate issuance conditions are mature, the
approval certificates shall be issued by the local administrative department on behalf of this Ministry.

2.

For the purpose of keeping updated of the new situations happening in the outbound investments of China, when an applicant makes an
application for an approval document for merger, procuring (exchanging) shares, getting listed abroad, setting up an investment and
holding enterprise or institution abroad, or setting up a development zone or research center abroad, besides an archival filing
form and the reply of the local administrative department, it shall report to this Ministry a complete set of application materials
which it reports to the local foreign trade and economic cooperation administrative department.

3.

In the reply to an enterprise, a local administrative department shall make a clear requirement for the enterprise to register in
the economic and commercial office of the Chinese embassy or consulate based abroad, participate in the joint annual inspection on
overseas investments in time and carry out the foreign exchange register formalities in time. Any equity of any overseas enterprise
may not be possessed in the name of an individual. Under any special situation, if actually necessary to hold such equity in the
name of an individual, the entrusted agreement shall be reached by notary at home and abroad in accordance with the related provisions.

4.

Any local administrative department may not grant the power of examining and approving overseas investments to any inferior entity
without permission of this Ministry.

5.

All pilot entities shall make a brief summary on the pilot work by the end of each quarter and give a report concerning the problems,
opinions or suggestions on the pilot work to (the Cooperation Department of) this Ministry in time.


Appendix

￿￿

Appendix:

Archival Filing Form of Overseas Enterprises (Institutions) Applying for an Approval Certificate

￿￿

￿￿￿￿Seal of Entity: Date of Filing: Monetary

Unit: (USD 10, 000)

Name of Overseas Enterprise (Institution) :

Address:

Establishment Form: New Establishment_______Merger_________Having Shares ______

Industry Concerned:

Investors (Sponsor)

Chinese Party:

Foreign Party:

Registered Capital

￿￿

Total Investment:

Actual Investment

Chinese Party

Investment of Foreign Currency in Cash:

Investment in Kind:

Foreign Party

Investment of Foreign Currency in Cash:

Investment in Kind

Other Funds

￿￿ ￿￿

Business Scope

￿￿ ￿￿

Product:

Production Scale:/ Year

Business Term: Year(s)

Number of Personnel Assigned abroad:

Approval Document

￿￿

To Be Filled in by the Ministry of Commerce Hereunder

Initial Examination

￿￿

Re-examination

￿￿

Issued by

￿￿

Serial Number of the Approval Document

￿￿

Date of Issuance:

￿￿

￿￿￿￿Notes:

￿￿￿￿1. The Archival Filing Form may be printed by any entity in accordance with this format.

￿￿￿￿2. The words as follows shall be filled in the column "Industry in which the overseas enterprise falls", the import & export, transportation, tourism, project contracting, research and development, consulting, machinery manufacturing, electronics and household appliances, light industry, textiles, clothing processing, agricultural development, oil resource development, mineral resource development, smelting, fishery, real estate development as well as investment and controlling shares.

￿￿￿￿3.Only the contents as follows shall be filled in the column "Overseas Institution", the name, address, sponsor, business scope, workers assigned abroad as well as approval document.

￿￿￿￿4. The contents filled in the archival filing form shall be genuine, accurate and complete and shall be consistent with those in the approval document.

￿￿￿￿5. The archival filing form shall be valid after bearing the official seal of the local foreign trade and economic cooperation administrative department.


NOTICE OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON RELEVANT ISSUES CONCERNING FOREIGN EXCHANGE CONTROL ON INDIVIDUAL FOREIGN TRADE OPERATIONS

State Administration of Foreign Exchange

Notice of the State Administration of Foreign Exchange on Relevant Issues concerning Foreign Exchange Control on Individual Foreign
Trade Operations

Hui Fa [2004] No.86

August 10, 2004

The branches of the State Administration of Foreign Exchange (hereinafter referred to as SAFE) or the departments of foreign exchange
control of all provinces, autonomous regions and municipalities directly under the Central Government, the branches of SAFE in Shenzhen,
Dalian, Qingdao, Xiamen and Ningbo, and all Chinese-capital banks designated for the foreign exchange business:

In order to promote the development of foreign trade and the facilitation of it and to improve the foreign exchange control, this
Notice is hereby promulgated as follows concerning the policy of foreign exchange control related to foreign trade in goods by individual
foreign trade operators:

1.

“Individual foreign trade operators” used in the Notice refer to individuals who have gone through the industrial and commercial registration
or other formalities for business operation according to law, obtained the individual license of the industrial and commercial business
or other certificate of business operation, made registration for record according to the provisions of the competent department
of commerce of the State Council (with the exception where no archive registration is required by law) and obtained the right of
engaging in foreign trade operation.

2.

To engage in foreign trade operation, the individual foreign trade operator shall go through the formalities for access to China Electronic
Port with the customs, and then go through the formalities for archive registration for the Roll of Import Entities Making External
Payment of Foreign Exchange or the verification of receipt of foreign exchange by export with the foreign exchange bureau (hereinafter
referred to as the “foreign exchange bureau”) of the place where he has made his industrial and commercial registration or has obtained
his business qualifications. Not until all the formalities mentioned above have been gone through can the individual foreign trade
operator open any settlement account of individual foreign trade or handle any receipt or payment of foreign exchange.

3.

When making the archive registration for the Roll of Import Entities Making External Payment of Foreign Exchange or the verification
of receipt of foreign exchange by export, the individual foreign trade operator shall provide the foreign exchange bureau with the
following materials:

(1)

an application;

(2)

the original copy and the copy of his valid ID certificate;

(3)

the duplicate and the copy of his license of industrial and commercial business or other certificates of business operation obtained
lawfully;

(4)

the original copy and the copy of the archive registration form of the foreign trade operator sealed with the archive registration
print;

(5)

his registration certificate by the customs and its copy;

(6)

the code certificate of his organization and its copy;

(7)

his IC card of “China Electronic Port”; and(8) other materials required by the foreign exchange bureau.

The foreign exchange bureau shall handle relevant formalities for the individual foreign trade operator if all the materials mentioned
above are inerrably submitted.

4.

The individual foreign trade operator may, with the approval of the foreign exchange bureau, open an individual settlement account
of foreign trade according to the need of his operation.

To apply for an individual settlement account of foreign trade, the individual foreign trade operator shall submit to the foreign
exchange bureau the following materials:

(1)

an application for opening an account in writing ;

(2)

the original copy and the copy of his valid ID certificate;

(3)

the original copy and the copy of the archive registration form of the foreign trade operator sealed with the archive registration
print;

(4)

the code certificate of his organization and its copy; and

(5)

other materials required by the foreign exchange bureau.

After checking and verifying all the materials mentioned above and finding no inerrability in them, the foreign exchange bureau shall
issue an Approval for Current Operation, by which the individual foreign trade operator may open an account with a bank engaging
in foreign exchange business in his place (hereinafter referred to as the “bank”). When opening an individual settlement account
of foreign trade for an individual, the bank shall add the word “individual” to the account post_title.

5.

The foreign trade settlement accounts of individual foreign trade operators shall be incorporated into the information system of foreign
exchange account management. The limits thereon shall be fixed at 100% of the actual receipt of foreign exchange under the trade
of individual foreign trade operators in goods.

The access procedures and technical regulations on the incorporation of foreign trade settlement accounts of individual foreign trade
operators into the information system of foreign exchange account management shall be issued by the SAFE separately. Before such
issuance, formalities of foreign exchange control such as opening and closing of accounts mentioned above shall be handled by hand
temporarily.

The collection and payment in the foreign trade settlement account of a foreign trade operator means the collection and payment of
foreign exchange under the import and export of goods, including incidental the collection and payment under the trade in goods.

6.

The foreign trade settlement account is a foreign exchange account so that no foreign cash can be deposited in or withdrawn from it.

Foreign exchange fund may be transferred between the individual foreign trade settlement account and the individual foreign currency
savings account of the same person, however, the fund transferred from the individual savings account to the foreign trade settlement
account shall be limited to external payment on the date of such transfer and can not be made for settlement of exchange. Fund in
the individual foreign trade settlement account may be transferred to the individual foreign cash savings account, however, fund
in the individual foreign cash savings account may not be transferred to the individual foreign trade settlement account.

7.

In his operation of foreign trade in goods, the individual foreign trade operator may make purchase, external payment and settlement
of foreign exchange either directly with the bank or through his individual foreign trade settlement account. However, they can go
through formalities for external payment of foreign exchange neither directly through the individual foreign currency savings account
nor through other foreign currency savings accounts of the operator used alternatively or together.

8.

Where any price of goods needs to be paid in advance externally under the trade in goods and one payment of equivalence is below US$30,000(including
US$30,000), the individual foreign trade operator shall go through the formalities for the external payment with the bank by presenting
relevant certifying materials such as the import contract, the verification form of payment of foreign exchange by import and the
proforma invoice. Where one payment of equivalence is beyond US$30,000, the individual foreign trade operator shall present the import
contract, the verification form of payment of foreign exchange by import, the proforma invoice and the letter of guarantee for such
payment in advance.

9.

The foreign exchange receipt of the individual foreign trade operator from export of goods may be directly settled, or settled through
depositing it in his individual foreign trade settlement account, or settled through depositing it in his individual foreign trade
settlement account and then transferring it to his individual foreign currency savings account.

(1)

Where the amount in a lump sum is equal to or below the equivalent of US$10,000, the operator shall settle the foreign exchange directly
with the bank by presenting his ID certificate;

(2)

Where the amount in a lump sum or the cumulative sum in one day is more than the equivalent of US$10,000:

(a)

If the transaction is to be settled in form of letter of credit, letter of guarantee or documentary collection, the operator shall
go through the formalities for the settlement of foreign exchange by presenting the valid commercial documents in any kind of such
forms.

(b)

If the transaction is to be settled in form of remittance and the settlement of foreign exchange in self-operated export is directly
done or after depositing into the individual foreign trade settlement account, the operator shall go through the formalities for
settlement of foreign exchange with the bank after the verification of its authenticity by the bank by presenting the relevant certifying
documents such as his ID certificate, the export entry and the verification form of receipt of foreign exchange by export.

(3)

In the case of settlement of foreign exchange through depositing into the individual foreign trade settlement account and transferring
to the individual foreign currency savings account, in addition to the provisions of the two preceding items, the Circular of the
State Administration of Foreign Exchange on Problems Related to the Standardization of the Management of Residents’ Personal Foreign
Exchange Settlement (SAFE No. 18 [2004]) shall be abided by.

10.

As to the method of supervision under which a verification form of receipt of foreign exchange by export is required for export entry,
the individual foreign trade operator shall apply to the foreign exchange bureau for the verification form in accordance with the
relevant present provisions. The foreign exchange bureau shall, according to the situation of the operator’s business and the verification
performance, determine the number of verification forms to be issued and issue them to the operator. Any new individual foreign trade
operator applying for verification forms for the first time, in addition, shall present the original copy and the copy of the relevant
contract to the foreign exchange bureau which shall determine the number of verification forms to be issued and issue them to the
operator according to the concrete situation after auditing.

11.

In case individuals receive funds from abroad or making external payment in the operation of foreign trade, they shall handle statistical
declaration of international balance of payment in accordance with the provisions of the Measures for the Statistical Declaration
of International Balance of Payment and other relevant provisions and fill corresponding corporate declaration forms.

12.

The receipt and payment of foreign exchange of the individual foreign trade operator under the technology import and export and the
service trade shall be handled in accordance with the relevant provisions concerning the control of foreign exchange under non-trade
account of domestic institutions. Individuals’ receipt and payment of foreign exchange under capital and financial accounts shall
be handled in accordance with the relevant present provisions concerning the foreign exchange control.

This Circular shall not apply to individual foreign operators’ operation of any border trade or foreign trade in goods in any special
economic zones such as bonded areas or export processing areas.

13.

Individual foreign trade operators shall accept the supervision and inspection of the foreign exchange bureau. The foreign exchange
bureau shall, pursuant to the Regulations of the People’s Republic of China on Foreign Exchange Control and other regulations on
foreign exchange control, impose punishment on any individual foreign trade operator who violates this Circular or any other provisions
on foreign exchange control. If the violation constitutes a crime, the judicial departments shall investigate the violator for criminal
responsibility.

14.

Other matters on foreign exchange control not covered or clearly provided herein shall be handled by referring to the current policy
for control of foreign exchange related to foreign trade activities by domestic institutions.

This Circular shall go into effect 30 days later after its promulgation. After receiving this Notice, each branch of the SAFE and
department of foreign exchange shall promptly transmit the Notice to the sub-branches and banks under its jurisdiction and make it
public. Each Chinese-capital bank designated for foreign exchange business shall promptly transmit the Notice to its affiliated branches
and sub-branches. Any question occurred in the implementation of this Notice shall be fed back promptly to the SAFE.

 
State Administration of Foreign Exchange
2004-08-10

 




INTERIM RULES ON THE HEARING OF ANTIDUMPING INVESTIGATIONS

The Ministry of Foreign Trade and Economic Cooperation

Order of the Ministry of Foreign Economic Relations and Trade of the People’s Republic of China

No.3

In accordance with the Antidumping Regulation of the People’s Republic of China, the Temporary Rules of the Ministry of Foreign Trade
and Economic Cooperation of the People’s Republic of China on the Hearing of Antidumping Investigations are hereby promulgated and
shall enter into force on January 22, 2002.

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

January 16, 2002

Interim Rules on the Hearing of Antidumping Investigations

Article 1

In order to guarantee the fairness and justice of antidumping investigations and to protect the lawful rights and interests of the
interested parties, these Rules have been enacted according to the relevant provisions of the Antidumping Regulation of the People’s
Republic of China.

Article 2

The Temporary Rules are applicable to the hearing by the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred
to as the MOFTEC) on antidumping rulings in the antidumping investigation procedure.

Article 3

The Bureau of Import and Export Fair Trade under the MOFTEC Cooperation (hereinafter referred to as the BIEFT) shall be responsible
for the concrete organization of hearings on antidumping ruling.

Article 4

A hearing on antidumping ruling shall be held publicly; but those involving secrets of the State, commercial secrets or personal privacy
may be held in other forms upon the decision of the BIEFT on the basis of the applications of the interested parties.

Article 5

The BIEFT shall hold a hearing on the basis of the application of an interested party; and the BIEFT may hold a hearing by itself
when it considers necessary.

Article 6

The BIEFT shall notify the interested parties in advance as for the hearings held by itself, and shall apply the relevant provisions
of these Temporary Rules.

Article 7

The interested parties as referred to in these Rules shall be the applicants of antidumping investigations, the known export operators
and import operators, the governments of the export countries (regions) and other interested organizations and individuals.

Article 8

Where an interested party demands the holding of a hearing, it shall file a written application to the BIEFT.

The following contents shall be included in the application form:

1)

name, address and relevant information of the applicant for hearing;

2)

matters applied;

3)

reasons for application.

Article 9

The BIEFT shall decide to hold a hearing within 15 days from receiving the application from the interested party, and shall notify
all the interested parties including the applicant for the hearing.

Article 10

The following contents shall be included in the notification of the BIEFT on the decision of holding a hearing:

1)

decision to hold the hearing;

2)

reasons for the decision to hold the hearing;

3)

time and place of registration of the interested parties before the hearing and the relevant requirements;

4)

other matters.

Article 11

The interested parties shall, after receiving the notification on decision of holding a hearing, register with the BIEFT according
to the contents of the notification.

Article 12

The BIEFT shall, within 20 days from the deadline determined in the notification on decision of holding a hearing, make the decision
on the time and place for holding the hearing, the president of the hearing and the agenda of the hearing, etc., and shall notify
the registered interested parties.

Article 13

The president of a hearing shall exercise the following powers in the hearing:

1)

presiding over the hearing;

2)

confirming the identities of the attendants of the hearing;

3)

keeping the order of the hearing;

4)

raising questions to the interested parties;

5)

deciding whether to allow the interested parties to supplement evidence;

6)

deciding to suspending or terminating the hearing;

7)

other matters needed to be decided in the hearing.

Article 14

An interested party participating in a hearing may send its legal representative or principal to attend the hearing, or entrust 1
to 2 agents to attend the hearing.

Article 15

An interested party participating in a hearing shall bear the following obligations:

1)

attending the hearing at the designated place on time;

2)

abiding by the disciplines of the hearing and conforming to the arrangements of the president of the hearing.

Article 16

A hearing shall be held according to the following procedures:

1)

The president of the hearing announces the commencement of the hearing, and readouts the disciplines of the hearing;

2)

Verifying the attendants of the hearing;

3)

The interested parties make the statements;

4)

The president of the hearing inquires the interested parties;

5)

The interested parties make their final statements;

6)

The president of the hearing announces the end of the hearing.

Article 17

A hearing aims at offering an opportunity for the interested parties to fully state their opinions, and no debate procedure will be
arranged.

Article 18

Minutes shall be taken for hearings, and the president of hearing, the recorder of the minutes and the interested parties participating
the hearing shall put their signatures or put on their seals on the spot; where any interested party refuses to sign the name or
seal, the president of the hearing shall indicate the relevant information in the minutes of the hearing.

Article 19

In any of the following situations, a hearing may be postponed or cancelled upon the decision of the BIEFT:

1)

The applicant of hearing encounters any event or action of force majeure, and has already submitted a written application for postponing
or cancellation of the hearing;

2)

The antidumping investigation terminates;

3)

Other matters entailing the postponing or cancellation.

Article 20

After the causes for postponing the hearing eliminate, the BIEFT shall resume the hearing, and notify the registered interested parties.

Article 21

The form of notification as referred to in these Temporary Rules shall be the announcements made by the MOFTEC; and the BIEFT may
adopt other forms under special circumstances.

Article 22

The working language for the hearing shall be Chinese.

Article 23

The power to interpret these Rules shall remain with the MOFTEC.

Article 24

These Rules shall enter into force on the day of promulgation.



 
The Ministry of Foreign Trade and Economic Cooperation
2002-01-16

 







CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION (MOFTEC) AND THE STATE ADMINISTRATION OF FOREIGN EXCHANGE (SAFE) ON STRENGTHENING THE ADMINISTRATION OF FOREIGN EXCHANGE SALE AND PAYMENT RELATED TO TECHNOLOGY IMPORT CONTRACTS

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

Circular of the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) and the State Administration of Foreign Exchange (SAFE)
on Strengthening the Administration of Foreign Exchange Sale and Payment Related to Technology Import Contracts

WaiJingMaoJiFa [2002] No.50

February 20, 2002

Commissions (departments or bureaus) of foreign trade and economic cooperation of all provinces, autonomous regions, municipalities
directly under the Central Government and municipalities separately listed on the State plan, all SAFE branches, exchange administration
offices in Beijing and Chongqing, SAFE branches in the cities of Shenzhen, Dalian, Qingdao, Xiamen and Ningbo, and all designated
Chinese-funded foreign exchange banks:

The related issues on handling foreign exchange sale and payment procedures concerning technology import contracts are hereby notified
as follows in accordance with the Regulations of the People’s Republic of China on the Administration of Technology Import and Export
(Decree [2001] No.331 of the State Council) (hereinafter referred to as the Regulations), the Measures for the Administration of
Technologies Banned and Restricted from Import (Decree [2001] No.18 of MOFTEC and the State Economic and Trade Commission ), the
Administrative Measures on Registration of Technology Import and Export Contracts (Decree [2001 ] No. 17 of MOFTEC), and the Circular
on Issues Related to Strengthening the Administration of Foreign Exchange Sale and Payment for Import of Intangible Assets (HuiGuanHanZi
[1998] No.092), with a view to perfecting the administration of technology import contracts, standardizing and safeguarding financial
order, and preventing and cracking down on foreign exchange evasion and frauds:

1.

With regard to the import of any technology restricted from import (referring to such

technology listed in the category of technologies restricted from import in the Chinese Catalogue of Technologies Banned and Restricted
from Import), presentation of the License for Technology Import (See Attachment 1) issued by the department in charge of foreign
trade and economic cooperation and the Data Sheet of Technology Import Contract (See Attachment 3) is required in handling the procedures
for foreign exchange sale and payment related to the technology import contract. The procedures for foreign exchange sale and payment
may be handled only after examination by the designated foreign exchange bank that finds no error.

2.

With regard to the import of any technology that may be freely imported (referring to such technology not listed in the Chinese Catalogue
of Technologies Banned and Restricted from Import), presentation of the Certificate for Registration of Technology Import Contracts
(See Attachment 2) issued by the department in charge of foreign trade and economic cooperation and the Data Sheet of Technology
Import Contract (See Attachment 3) is required in handling the procedures for foreign exchange sale and payment related to the technology
import contract. The procedures for foreign exchange sale and payment may be handled only after examination by the designated foreign
exchange bank that finds no error.

3.

The MOFTEC examines the contracts for technologies restricted from import, issues the License for Technology Import and seals on the
Data Sheet of Technology Import Contract filled in by the operating units according to the Regulations and the Measures for the Administration
of Technologies Banned and Restricted from Import. While handling the foreign exchange sale and payment procedures, the operating
units use two original documents, namely, the License for Technology Import and the Data Sheet of Technology Import Contract. The
banks fill in the amount and date of each foreign exchange sale and payment and also affix the business seal to related columns in
the original document of the Data Sheet of Technology Import Contract. The total amount of foreign exchange sold and paid may not
exceed the total contractual price of the Data Sheet of Technology Import Contract.

4.

The departments in charge of foreign trade and economic cooperation at all levels register the contracts for technologies that may
be freely imported, issue the Certificate for Registration of Technology Import Contract and seal on the Data Sheet of Technology
Import Contract filled in by the operating units according to the Regulations and the Administrative Measures on Registration of
Technology Import and Export Contracts. While handling the foreign exchange sale and payment procedures, the operating units use
two original documents, namely, the Certificate for Registration of Technology Import Contract and the Data Sheet of Technology Import
Contract. The banks fill in the amount and date of each foreign exchange sale and payment and also affix the business seal to related
columns in the original document of the Data Sheet of Technology Import Contract. The total amount of foreign exchange sold and paid
may not exceed the total contractual price of the Data Sheet of Technology Import Contract.

5.

For any technology import contract regarded as an appendix of a joint venture contract or articles of association when an enterprise
with foreign investment is established, the Data Sheet of Technology Import Contract shall be filled in and sealed by the foreign
investment administrative department. When the foreign exchange sale and payment procedures are handled, relevant approval documents
and the Data Sheet of Technology Import Contract shall be presented at the same time. For any technology import contract signed by
an enterprise with foreign investment after its establishment, the technology import contract examination or registration procedures
shall be handled according to relevant regulations.

6.

Technology import contracts include: (1) contract for assignment of patent right; (2) contract for transfer of patent application
right; (3) contract for patent implementation license; (4) contract for license or transfer of exclusively-owned technology; (5)
contract for licensed use of computer software; (6) contract for licensed use or transfer of trademark containing license of patent
or exclusively-owned technology; (7) cooperative for technological service; (8) contract for technological consulting; (9) contract
for cooperative designing; (10) contract for cooperative research; (11) contract for cooperative development; and (12) contract for
cooperative production.

7.

The departments in charge of foreign trade and economic cooperation at all levels shall check on strictly and supervise the operating
units to conscientiously fill in the Data Sheet of Technology Import Contract so as to ensure full and genuine reflection of the
contents of the contract.

8.

If any change happens to the contents of the Data Sheet of Technology Import Contract, the operating unit shall handle the change
procedures at the original organ of registration. The department in charge of foreign trade and economic cooperation shall fill in
and affix a seal to the Data Change Record Sheet of Technology Import Contract (See Attachment 4), which shall be used jointly with
the original Data Sheet of Technology Import Contract and other related approval documents.

9.

The License for Technology Import Contract and the Certificate for Registration of Technology Import Contract shall be printed in
a unified way by the MOFTEC, and the Data Sheet of Technology Import Contract and the Data Change Record Sheet of Technology Import
Contract are subject to random printing.

10.

The MOFTEC and the SAFE will establish an online check system in cooperation with related departments. Anyone who alters the registration
certificate or the contract data sheet without authorization shall, once found, be severely punished according to law.

11.

This Circular shall take effect as from March 1, 2002. For any contract already registered and put into force before issuance of this
Circular but whose implementation has not yet been completed, the original Certificate for Registration and Enter-into-Force of Technology
and Equipment Import Contract and the Data Sheet of Technology Import Contract will continue to be valid till the end of the contract
validity. The original Supplementary Circular on Strengthening the Administration of Technology Import Contracts and Foreign Exchange
Sale and Payment (WaiJingMaoJiFa [2001] No.98) and the Circular on Implementing Relevant Provisions of the Circular on Issues Related
to Strengthening the Administration of Foreign Exchange Sale and Payment for Import of Intangible Assets (WaiJingMaoJiFa-HanZi [1998]
No.50) shall be annulled at the same time.

Attachments:

1. License for Technology Import of the People’s Republic of China (omitted)

2. Certificate for Registration of Technology Import Contract (omitted)

3. Data Sheet of Technology Import Contract (omitted)

4. Data Change Record Sheet of Technology Import Contract (omitted)



 
The Ministry of Foreign Trade and Economic Cooperation, the State Administration of Foreign Exchange
2002-02-20

 







OFFICIAL REPLY OF THE STATE ADMINISTRATION OF TAXATION ON THE ISSUE OF TAX YEAR FOR ENTERPRISES WITH FOREIGN INVESTMENT

The State Administration of Taxation

Official Reply of the State Administration of Taxation on the Issue of Tax Year for Enterprises with Foreign Investment

GuoShuiHan [2002] No.361

April 25, 2002

Shanghai Municipal State Taxation Bureau and Local Taxation Bureau:

The Request for Instruction on Whether Enterprises with Foreign Investment Can Apply to Change the Tax Year (HuiGuoShuiWai [2002]
No.15) has been received. We hereby give our reply as follows after deliberation:

I.

In accordance with Article 8 of the Rules for the Implementation of the Income Tax Law of the People’s Republic of China for Enterprises
with Foreign Investment and Foreign Enterprises, the tax year for enterprises with foreign investment shall begin on 1 January and
end on 31 December of the Gregorian Calendar.

II.

Article 16 of the Circular of the State Administration of Taxation on Some Business Disposal Issues Concerning the Implementation
of the Income Tax Law for Enterprises with Foreign Investment and Foreign Enterprises (GuoShuiFa [1991] No. 165) shall be ceased
from execution from 2002; where, prior to 2002, any enterprise with foreign investment was approved by the taxation authority to
take the accounting year of 12 months as the tax year, it may continue to execute until the expiry of the tax year approved.



 
The State Administration of Taxation
2002-04-25

 







RULES FOR CNNIC DOMAIN NAME DISPUTE RESOLUTION POLICY

China Internet Network Information Centre

Rules for CNNIC Domain Name Dispute Resolution Policy

China Internet Network Information Centre

September 25, 2002

Chapter I General Provisions and Definitions

Article 1

In order to ensure the fairness, convenience and promptness of a domain name dispute resolution procedure, these Rules are formulated
in accordance with CNNIC Domain Name Dispute Resolution Policy.

Article 2

The proceedings for the resolution of disputes under CNNIC Domain Name Dispute Resolution Policy adopted by CNNIC shall be governed
by these Rules and the Supplemental Rules of the Domain Name Dispute Resolution Provider.

Article 3

The following terms in the Rules for CNNIC Domain Name Dispute Resolution Policy (hereinafter referred to as these Rules or CNDRP
Rules) have the following definitions:

(1)

CNDRP means CNNIC Domain Name Dispute Resolution Policy adopted by CNNIC , which is incorporated by reference and made a part of the
Registration Agreement, and binding to the holders of the domain names.

(2)

Registration Agreement means the domain name registration agreement between a Registrar and a domain name holder.

(3)

Party means a Complainant or a Respondent.

(4)

Complainant means the party initiating a complaint concerning a domain name registration with Domain Name Dispute Resolution Provider
in accordance with CNDRP and the CNDRP Rules.

(5)

Respondent means the holder of the domain name against which a complaint is initiated.

(6)

Registry refers to China Internet Network Information Center (CNNIC).

(7)

Registrar refers to the entity authorized by CNNIC and responsible for acceptance of the domain name registration applications and
completion of domain name registrations.

(8)

Agency refers to the entity which accepts the applications for registrations of the domain names on behalf of the Registrar.

(9)

Provider refers to a dispute resolution service provider approved by CNNIC to resolve the domain name disputes.

(10)

Panel means a panel composed of 1 or 3 Panelists who are appointed by the Provider to be responsible for the resolution of a domain
name dispute.

(11)

Panelist means the individual who are listed among the Name List of Panelists approved by the Provider and published at the Provider’s
Web-site, and qualified to be members of the Panel for the resolution of the domain name disputes.

(12)

Supplemental Rules means the rules adopted by the Provider to supplement CNDRP in accordance with CNDRP and these Rules.

Chapter II Communications

Article 4

Any communication under these Rules shall abide by the following principles:

(1)

Any communication provided by a Party shall be copied and served to the other Party, the Panel and the Provider, as the case may be.

(2)

Any communication by the Provider to any Party shall be copied and served to the other Party.

(3)

Any communication by the Panel to any Party shall be copied and served to the other Party and the Provider.

(4)

It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available
for inspection by affected parties and for reporting purposes.

(5)

In the event a Party sending a communication receives notification of non-delivery of the communication, or thinks by himself that
he has not delivered the communication successfully, the Party shall promptly notify the Provider of the circumstances of the notification.
Further proceedings concerning the communication and any response shall be as directed by the Provider.

(6)

Either Party may update its contact details by notifying the Provider.

Article 5

When forwarding a complaint to the Respondent, it shall be the Provider’s responsibility to employ reasonably available means calculated
to achieve actual notice to Respondent. Achieving actual notice, or employing the following measures to do so, shall discharge this
responsibility:

(1)

Sending the complaint to all postal-mail and facsimile addresses shown in the Registry’s and the Registrar’s WHOIS database for the
registered domain name holder, administrative contact, the technical contact, the undertaker and the bill contact; and

(2)

Sending the complaint in electronic form (including annexes to the extent available in that form) by e-mail to the e-mail addresses
shown in the Registry’s and the Registrar’s WHOIS database for the registered domain name holder, administrative contact, the technical
contact, the undertaker and the bill contact, or if the domain name resolves to an active web page, sending the complaint in electronic
form (including annexes to the extent available in that form) by e-mail to the e-mail addresses shown on that web page; and

(3)

Sending the complaint to any address the Respondent has notified the Provider it prefers and, to the extent practicable, to all other
addresses provided to the Provider by the Complainant.

Article 6

Except as provided in the preceding Article, any written communication to Complainant or Respondent provided for under these Rules
shall be made by the preferred means stated by the Complainant or Respondent respectively, or in the absence of such specification,

(1)

By facsimile transmission, with a confirmation of transmission; or

(2)

By postal or courier service, postage pre-paid and return receipt requested; or

(3)

Electronically via the Internet, provided a record of its transmission is available.

Article 7

Any communication by the Complaint or the Respondent to the Provider or the Panel shall be made by the means and in the manner (including
number of copies) stated in the Provider’s Supplemental Rules.

Article 8

Unless otherwise agreed by the Parties or determined in exceptional cases by the Panel, the language of the domain name dispute resolution
proceedings shall be Chinese. The Panel may order that any documents submitted in languages other than Chinese be wholly or partially
translated into Chinese.

Article 9

Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed
to have been made:

(1)

If by facsimile transmission, on the date shown on the confirmation of transmission; or

(2)

If by postal or courier service, on the date marked on the receipt; or

(3)

If via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable.

Article 10

Except as otherwise provided in these Rules, the date calculated under these Rules when a communication begin to be made shall be
the earliest date that the communication is deemed to have been made in accordance with the preceding Article.

Chapter III The Complaint

Article 11

Any person or entity may initiate a domain name dispute resolution proceedings by submitting a complaint in accordance with CNDRP
and these Rules to any Provider approved by CNNIC.

Article 12

The complaint shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form, and shall:

(1)

Request that the complaint be submitted for decision in accordance with CNDRP and these Rules;

(2)

Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the complaint and of any representative authorized
to act for the Complainant in the proceedings;

(3)

Specify a preferred method for communications directed to the Complainant in domain name dispute resolution proceedings, including
person to be contacted, medium to be adopted and address information, for each of electronic-only material and material including
hard copy;

(4)

Designate whether Complainant elects to have the dispute decided by a single member Panel or a three-member Panel and, in the event
Complainant elects a three-member Panel, provide the names of three candidates from the Provider’s list of panelists to serve as
one of the Panelists in the order of its own preference. The Complainant may also entrust the Provider to appoint the panelist on
his behalf;

(5)

Provide the name of the Respondent (domain name holder) and all information (including any postal and e-mail addresses and telephone
and telefax numbers) known to Complainant regarding how to contact Respondent or any representative of Respondent, in sufficient
detail to allow the Provider to send the complaint as described in Article 5 of these Rules;

(6)

Specify clearly the domain name (s) that is/are the subject of the complaint;

(7)

Identify the Registrar and/or the Agency with whom the domain name (s) is/are registered at the time the complaint is filed;

(8)

Specify the rights or legitimate interests on which the complaint is based with regard to the disputed domain name, annexing all materials
evidencing the rights or interests;

(9)

Describe, in accordance with CNDRP, the grounds on which the complaint is made including, in particular;

(i) the disputed domain name is identical with or confusingly similar to the complainant’s name or mark in which the Complaint has
civil rights or interests;

(ii) the disputed domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain
name;

(iii) the disputed domain name holder has registered or is being used the domain name in bad faith.

(The description should, for elements (3), discuss any aspects of Article 9 of CNDRP. The description shall comply with any word
or page limit set forth in the Provider’s Supplemental Rules.)

(10)

Specify, in accordance with Article 13 of CNDRP, the remedies sought;

(11)

Identify any other legal or arbitral proceedings which have been commenced or terminated in connection with or related to any of the
domain name (s) that are the subject of the complaint. All materials concerning the above proceedings that can be obtained by Complainant
shall be submitted.

(12)

State that a copy of the complaint has been sent or transmitted to the Respondent (domain name holder) as well as the concerned Registrar
and/or the Agency respectively;

(13)

Conclude with the following statement followed by the signature or stamp of the Complainant or its legal representative or its authorized
representative:

“Complainant certifies that the complaint was filed in accordance with CNNIC Domain Name Dispute Resolution Policy and Rules for Domain
Name Dispute Resolution Policy as well as the relevant laws; that the information contained in this Complaint is to the best of Complainant’s
knowledge complete and accurate; that the corresponding claims and remedies shall be solely against the domain name holder and waives
all such claims and remedies against the dispute resolution Provider and Panelists, the Registry and the Registrar, the registry
administrator as well as the Agency”;

(14)

Annex, as attachments, any documentary or other evidence upon which the complaint relies.

Article 13

The Complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.

Article 14

After receipt of the complaint, the Provider shall review the complaint for administrative compliance with CNDRP and these Rules and,
if in compliance, shall forward the copy of the complaint to the Respondent, in the manner prescribed by Article 5 of these Rules,
within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Chapter VIII of these
Rules.

If the Provider finds the complaint to be administratively deficient, it shall promptly notify the Complainant of the nature of the
deficiencies identified. The Complainant shall have five (5) calendar days within which to correct any such deficiencies of the complaint.

If the Complainant does not correct the deficiencies identified or the corrected complaint cannot satisfy the requirements under CNDRP
and these Rules, the complaint will be deemed withdrawn without prejudice to submission of a different complaint by Complainant.

Article 15

The date of commencement of the domain name dispute resolution proceedings shall be the date on which the Provider completes its responsibilities
under Article 5 of these Rules in connection with forwarding the Complaint to the Respondent.

Article 16

The Provider shall immediately notify the parties, the concerned Registrar and CNNIC of the date of commencement of the domain name
dispute resolution proceedings.

Chapter IV The Response

Article 17

Within twenty (20) calendar days of the date of commencement of the proceedings the Respondent shall submit a response to the Provider.

Article 18

The response shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form, and shall:

(1)

Respond specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent
(domain name holder) to retain registration and use of the disputed domain name (This portion of the response shall comply with any
word or page limit set forth in the Provider’s Supplemental Rules.);

(2)

Provide the name and contact details of the Respondent and of any representative authorized to act for the Respondent in the proceedings
(postal and e-mail addresses, and the telephone and telefax numbers);

(3)

Specify a preferred method for communications directed to the Respondent in the domain name dispute resolution proceedings, including
person to be contacted, medium to be adopted and address information, for each of electronic-only material and material including
hard copy;

(4)

If Complainant has elected a single member Panel in the Complaint, state whether Respondent elects instead to have the dispute decided
by a three-member panel;

(5)

If either Complainant or Respondent elects a three-member Panel, provide the names of three candidates from the Provider’s list of
panelists to serve as one of the Panelists in the order of its own preference. The Respondent may also entrust the Provider to appoint
the panelist on his behalf

(6)

Identify and state any other legal or arbitral proceedings which have been commenced or terminated in connection with or relating
to any of the domain name(s) that is/are the subject of the complaint and provide all information available concerning such proceedings;

(7)

State that a copy of the response has been sent or transmitted to the Complainant in accordance with these Rules;

(8)

Conclude with the following statement followed by the signature or stamp of the Respondent or its legal representative or its authorized
representative:

“Respondent certifies that the response was filed in accordance with CNNIC Domain Name Dispute Resolution Policy and Rules for CNNIC
Domain Name Dispute Resolution Policy as well as the relevant law; that the information contained in this Response is to the best
of Respondent’s knowledge complete and accurate; that the corresponding defenses and assertions shall be solely against the Complainant
and waives all such defenses and assertions against the Provider and Panelists, the Registry and the Registrar, the registry administrator
as well as the Agency.”;

(9)

Annex, as attachments, any documentary or other evidence upon which the response relies.

Article 19

If Complainant has elected to have the dispute decided by a single member Panel and Respondent elects a three-member Panel, Respondent
shall be required to pay one-half of the applicable fees for a three-member Panel as set forth in the Provider’s Supplemental Rules.
This payment shall be made together with the submission of the response to the Provider. In the event that the required payment is
not made, the dispute shall be decided by a single member Panel.

Article 20

At the request of the Respondent, the Provider may, under some special circumstances, extend appropriately the period of time for
the filing of the response. The period may also be extended by the agreement between the parties, provided that the agreement is
approved by the Provider.

Chapter V Appointment of the Panel

Article 21

The Provider shall maintain and publish a publicly available name list of panelists. The Panel in charge of the domain name dispute
resolution shall be composed by either one single Panelist or three Panelists.

Article 22

If neither the Complainant nor the Respondent has elected a three-member Panel, the Provider shall appoint, within five (5) calendar
days following receipt of the response by the Provider, or the lapse of the time period for the submission thereof, a single Panelist
from its list of panelists. The fees for a single member Panel shall be paid entirely by the Complainant.

Article 23

If either the Complainant or the Respondent elects to have the dispute decided by a three-member Panel, the Provider shall appoint
three Panelists in accordance with the procedures identified in Article 25 and 26 of these Rules. The fees for a three-member Panel
shall be paid in their entirety by the Complainant, except where the election for a three-member Panel was made by the Respondent,
in which case the applicable fees shall be shared equally between the Parties.

Article 24

Unless it has already elected a three-member Panel and provided the names of the three candidates, the Complainant shall submit to
the Provider, within three (3) calendar days of communication of a response in which the Respondent elects a three-member Panel,
the names of three candidates to serve as one of the Panelists.

Article 25

In the event that either the Complainant or the Respondent elects a three-member Panel, the Provider shall endeavor to appoint one
Panelist from the list of candidates provided by each of the Complainant and the Respondent. In the event the Provider is unable
within five (5) calendar days to secure the appointment of a Panelist on its customary terms from either Party’s list of candidates,
the Provider shall make that appointment from its list of panelists. The third Panelist shall be appointed by the Provider from its
list of panelists. The third Panelist shall be the Presiding Panelist.

Article 26

Where the Respondent fails to submit the response or, has submitted the response but fails to indicate how to designate the Panel,
the Provider shall proceed to appoint the Panel as follows:

(1)

If the Complainant has designated a single member Panel, the Provider shall appoint the Panelist from its list of panelists;

(2)

If the Complainant has designated a three-member Panel, the Provider shall, subject to availability, appoint one Panelist from the
list of candidates provided by the Complainant and shall appoint the second Panelist and the Presiding Panelist from its list of
panelists.

Article 27

The Panelists shall have the right to decide by themselves whether to accept the appointment. To ensure the promptness and smoothness
of the domain name dispute resolution proceedings, if any of the Panelists designated cannot accept the appointment, the Provider
shall appoint another Panelist from its list of panelists at its own discretion.

Article 28

Once the entire Panel is appointed, the Provider shall promptly forward the case file to all members of the Panel and shall notify
immediately the parties of the Panelists appointed and the date by which the Panel shall forward its decision on the complaint to
the Provider.

Article 29

A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider any circumstances
giving rise to justifiable doubt as to the Panelist’s impartiality or independence. If, at any stage during the proceedings, new
circumstances arise which could give rise to justifiable doubt as to the impartiality or independence of the Panelist, that Panelist
shall promptly disclose such circumstances to the Provider. In such event, the Provider shall have the discretion to appoint a substitute
Panelist.

Prior to the acceptance of appointment as a Panelist, a candidate shall be required to submit to the Provider a Declaration of Independence
and Impartiality in writing.

Where either party thinks that any Panelist has material interests with the opposing party and that such circumstance may affect the
fair ruling of the case, that party may request to the Provider for removing the Panelist before the Panel has rendered its decision.
Removal of the Panelist shall be in the Provider’s discretion.

Article 30

No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications between a Party and
the Panel or the Provider shall be made to a case administrator appointed by the Provider in the manner prescribed in the Provider’s
Supplemental Rules.

Chapter VI Hearing and Ruling

Article 31

The Panel shall conduct the proceedings in such manner as it considers appropriate according to these Rules, and decide a complaint
on the basis of the statements and documents submitted and in accordance with CNDRP, as well as any rules and principles of law which
it deems applicable. If a Respondent does not submit a response, the Panel shall, in absence of exceptional circumstances, decide
the dispute based upon the complaint.

In all cases, the Panel shall ensure that the parties are treated with equality and that each party is given a fair opportunity to
present its case, give out its reasons and provide the evidence.

The Panel shall ensure that the proceedings take place with due expedition. It may, at the request of a party, extend, under some
special circumstances, a period of time fixed by these Rules.

The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.

Article 32

In addition to the complaint and the response, the Panel may request, in its sole discretion, further statements or documents from
either of the parties.

Article 33

Under the normal circumstances, there shall be no in-person hearings (including hearings by teleconference, videoconference, and web
conference), unless the Panel determines that such a hearing is necessary for deciding the complaint. Either of the parties may request
the Panel to hold an in-person hearing at his own expenses.

Article 34

In the event that a party, in the absence of exceptional circumstances, does not comply with any of the provisions established by
these Rules or any of the time periods fixed by the Panel, the Panel shall proceed to a decision on the complaint.

Article 35

If a party, in the absence of exceptional circumstances, does not comply with any provisions of these Rules or any request from the
Panel, the Panel shall draw such inferences therefrom as it considers appropriate.

Article 36

In the event of multiple disputes between the parties, either party may petition to consolidate the disputes before a single Panel.
This petition shall be made to the first Panel appointed to hear a pending dispute between the parties. This Panel may consolidate
before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by CNDRP adopted
by CNNIC.

Article 37

In the absence of exceptional circumstances, the Panel shall render its decision on the complaint and forward the decision to the
Provider within fourteen (14) calendar days of its appointment.

Article 38

The Panelists shall submit the draft decision to the Provider before signing the decision. The Provider may review the form of the
award on condition that the Panelists’ independence of decision is not affected.

Article 39

In the case of a three-member Panel, the Panel’s decision shall be made by a majority. Each Panelist possesses an equal vote. Where
the majority cannot be reached, the decision shall be decided by the Presiding Panelist. Any dissenting opinion shall accompany the
majority decision.

Article 40

The Panel’s decision shall be made in electronic form and in hard copy, provide the final decision and the reasons on which it is
based, indicate the date on which it was rendered and identify the name(s) of the Panelists.

If the Panel concludes that the dispute is not within the scope of CNDRP, it shall so state. If after considering the submissions
the Panel finds that the complaint was brought in bad faith, , the Panel may declare in its decision that the complaint constitutes
an abuse of the domain name dispute resolution procedure.

Article 41

In the event of any legal or arbitral proceedings initiated prior to or during the domain name dispute resolution proceedings in respect
of a domain name which is the subject of the complaint, the Provider or the Panel shall have the discretion to decide whether to
suspend or terminate the proceedings, or to proceed to a decision.

Where a party initiates any legal or arbitral proceedings during the pendency of the domain name dispute resolution proceedings in
respect of a domain name which is the subject of the complaint, it shall promptly notify the Panel and the Provider.

Article 42

Before the Panel’s decision, the domain name dispute resolution proceedings may be terminated, if

(1)

The parties agree on a settlement.

(2)

The Panel thinks that it becomes unnecessary or impossible to continue the proceedings for other reasons, unless a party raises justifiable
grounds for objection within a period of time to be determined by the Panel.

Chapter VII Communication and Publication of the Decision

Article 43

Within three (3) calendar days after receiving the decision from the Panel, the Provider shall communicate the full text of the decision
to each party, the Registrar and CNNIC.

Article 44

Unless the Panel, at request of one party or considering the specific situation of the Case, determines otherwise, the Provider shall
publish the full decision on a publicly accessible web site within the time limit stipulated in Article 43 .

Chapter VIII Fees

Article 45

The Complainant shall pay to the Provider an initial fixed fee, in accordance with the Provider’s Supplemental Rules, within the time
and in the amount required. A Respondent electing to have the dispute decided by a three-member Panel, rather than the single member
Panel elected by the Complainant, shall pay the Provider one-half the fixed fee for a three-member Panel. In all other cases, the
Complainant shall bear all of the Provider’s fees.

Article 46

No action shall be taken by the Provider on a complaint until it has received from Complainant the initial fee in accordance with
the Provider’s Supplemental Rules.

Article 47

If the Provider has not received the fees within eight (8) calendar days of receiving the complaint, the complaint shall be deemed
withdrawn and the proceedings terminated.

Article 48

In exceptional circumstances, in the event the Panel, at the request of a party, determines that an in-person hearing is to be held,
the Provider shall request the parties for the payment of additional fees, which shall be established in agreement with the Parties
and the Panel.

Chapter IX Supplementary Provisions

Article 49

Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a party for any act or omission
in connection with any proceedings under these Rules.

Article 50

These Rules are subject to the interpretation of CNNIC.

Article 51

These Rules shall enter into force as of September 30, 2002.



 
China Internet Network Information Centre
2002-09-25

 







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...