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JUDGES LAW

Judges Law of the People’s Republic of China

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

Contents 

Chapter I     General Provisions 

Chapter II    Functions and Duties 

Chapter III   Obligations and Rights 

Chapter IV    Qualifications for a Judge 

Chapter V     Appointment and Removal 

Chapter VI    Posts to Be Avoided 

Chapter VII   Grades of Judges 

Chapter VIII  Appraisal 

Chapter IX    Training 

Chapter X     Awards 

Chapter XI    Punishment 

Chapter XII   Salary, Insurance and Welfare 

Chapter XIII  Resignation and Dismissal 

Chapter XIV   Retirement 

Chapter XV    Petition and Complaint 

Chapter XVI   Commission for Examination and Assessment of Judges 

Chapter XVII  Supplementary Provisions 

 

Chapter I 

General Provisions 

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

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

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

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

Chapter II 

Functions and Duties 

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

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

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

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

Obligations and Rights 

Article 7   Judges shall perform the following obligations: 

(1) to strictly observe the Constitution and laws; 

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

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

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

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

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

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

Article 8   Judges shall enjoy the following rights: 

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

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

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

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

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

(6) to receive training; 

(7) to lodge petitions or complaints; and 

(8) to resign their posts. 

Chapter IV 

Qualifications for a Judge 

Article 9   A judge shall possess the following qualifications: 

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

(2) to have reached the age of 23; 

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

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

(5) to be in good health; and 

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

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

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

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

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

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

Chapter V 

Appointment and Removal 

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

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

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

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

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

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

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

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

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

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

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

(2) having been transferred out of a court; 

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

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

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

(6) having retired from the post; 

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

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

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

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

Chapter VI 

Posts to Be Avoided 

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

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

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

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

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

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

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

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

Chapter VII 

Grades of Judges 

Article 18   Judges are divided into twelve grades. 

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

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

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

Chapter VIII 

Appraisal 

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

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

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

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

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

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

Chapter IX 

Training 

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

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

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

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

Chapter X 

Awards 

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

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

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

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

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

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

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

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

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

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

(8) having performed other meritorious deeds. 

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

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

Chapter XI 

Punishment 

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

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

(2) to embezzle money or accept bribes; 

(3) to bend law for personal gain; 

(4) to extort confessions by torture; 

(5) to conceal or falsify evidence; 

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

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

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

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

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

(11) to engage in profit-making activities; 

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

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

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

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

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

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

Chapter XII 

Salary, Insurance and Welfare 

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

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

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

Chapter XIII 

Resignation and Dismissal 

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

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

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

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

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

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

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

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

Chapter XIV 

Retirement 

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

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

Chapter XV 

Petition and Complaint 

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

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

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

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

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

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

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

Chapter XVI 

Commission for Examination and Assessment of Judges 

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

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

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

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

Chapter XVII 

Supplementary Provisions 

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

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

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

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

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

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

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






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

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

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

No.4

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

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

Minister of the General Administration of Customs Mu Xinsheng

February 8, 2002

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

Article 1

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

Article 2

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

Article 3

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

Article 4

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

1.

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

2.

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

3.

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

4.

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

5.

A photocopy of the report of asset appraisal;

6.

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

7.

Other materials that are requested.

Article 5

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

1.

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

2.

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

3.

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

Article 6

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

1.

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

2.

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

3.

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

4.

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

Article 7

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

Article 8

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

Article 9

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

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

Article 10

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

Article 11

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

Article 12

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

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

Article 13

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

Article 14

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

Article 15

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

Article 16

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

Article 17

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

Article 18

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

Article 19

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

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

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

Attachment III: Automatic Import License (omitted)

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

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

Ministry of Foreign Trade and Economic Cooperation

Beijing Municipal Commission of Foreign Trade and Economic Cooperation

Tianjin Municipal Commission of Foreign Trade and Economic Cooperation

Hebei Provincial Department of Foreign Trade and Economic Cooperation

Shanxi Provincial Department of Foreign Trade and Economic Cooperation

Inner Mongolia Autonomous Region Department of Foreign Trade and Economic Cooperation

Liaoning Provincial Department of Foreign Trade and Economic Cooperation

Dalian Municipal Commission of Foreign Trade and Economic Cooperation

Jilin Provincial Department of Foreign Trade and Economic Cooperation

Heilongjian Provincial Department of Foreign Trade and Economic Cooperation

Shanghai Municipal Working Commission of Foreign Investment

Jiangsu Provincial Department of Foreign Trade and Economic Cooperation

Zhejiang Provincial Department of Foreign Trade and Economic Cooperation

Ningbo Municipal Bureau of Foreign Trade and Economic Cooperation

Anhui Provincial Department of Foreign Trade and Economic Cooperation

Jujian Provincial Department of Foreign Trade and Economic Cooperation

Xiamen Municipal Working Commission of Foreign Investment

Jiangxi Provincial Department of Foreign Trade and Economic Cooperation

Shandong Provincial Department of Foreign Trade and Economic Cooperation

Qingdao Municipal Bureau of Foreign Trade and Economic Cooperation

Henan Provincial Department of Foreign Trade and Economic Cooperation

Hubei Provincial Department of Foreign Trade and Economic Cooperation

Hunan Provincial Department of Foreign Trade and Economic Cooperation

Guangdong Provincial Department of Foreign Trade and Economic Cooperation

Shenzhen Municipal Bureau of Foreign Trade and Economic Cooperation

Guangxi Zhuang Autonomous Region Office of Foreign Investment

Hainan Provincial Department of Foreign Trade and Economic Cooperation

Chongqing Municipal Commission of Foreign Trade and Economic Cooperation

Sichuan Provincial Department of Foreign Trade and Economic Cooperation

Guizhou Provincial Department of Foreign Trade and Economic Cooperation

Yunnan Provincial Department of Foreign Trade and Economic Cooperation

Tibet Autonomous Region Department of Foreign Trade and Economic Cooperation

Shaanxi Provincial Department of Foreign Trade and Economic Cooperation

Guansu Provincial Department of Foreign Trade and Economic Cooperation

Qinghai Provincial Department of Foreign Trade and Economic Cooperation

Ningxia Hui Autonomous Region Department of Foreign Trade and Economic Cooperation

Xinjiang Uygur Autonomous Region Department of Foreign Trade and Economic Cooperation

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



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

 






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






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

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

CaiShui [2002] No.2

January 11,2002

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

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

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

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

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

Article 1

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

Article 2

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

Article 3

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

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

Article 4

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

Article 5

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

Article 6

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

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

Article 7

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

Article 8

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

Article 9

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

Attachment:

1. List of the International Organizations

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

A.

Relevant organizations of the United Nations

(1)

United Nations Development Programme-UNDP

(2)

United Nations Environment Programme-UNEP

(3)

United Nations Conference on Trade and Development-UNCTAD

(4)

United Nations Population Fund-UNFPA

(5)

United Nations Children’s Fund-UNICEF

(6)

Office of the United Nations High Commissioner for Refugees-UNHCR

(7)

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

(8)

World Food Programme-WFP

(9)

Economic and Social Commission for Asia and the pacific-ESCAP

(10)

The Committee on the Peaceful Uses of Outer Space-COPUOS

B.

The intergovernmental institutions that have established relation with the United Nations

(11)

International Labour Organization-ILO

(12)

Food and Agriculture Organization of the United Nations-FAO

(13)

United Nations Educational, Scientific and Cultural Organization-UNESCO

(14)

World Health Organization-WHO

(15)

International Monetary Fund-IMF

(16)

International Development Association-IDA

(17)

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

(18)

International Finance Corporation-IFC

(19)

International Civil Aviation Organization-ICAO

(20)

Universal Postal Union-UPU

(21)

International Telecommunication Union-ITU

(22)

World Meteorological Organization-WMO

(23)

International Maritime Organization￿￿IMO

(24)

World Intellectual Property Organization￿￿WIPO

(25)

International Fund for Agricultural Development-IFAD

(26)

United Nations Industrial Development Organization-UNIDO

(27)

International Atomic Energy Agency-IAEA

(28)

World Trade Organization-WTO

C.

Other relevant international organizations and financial institutions

(29)

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

(30)

The International Committee of The Red Cross-ICRC

(31)

European Union-EU

(32)

Asia Pacific Economic Cooperation-APEC

(33)

Asia Development Bank-ADB

(34)

Japan International Cooperation Agency-JICA

(35)

Korea International Cooperation Agency-KOICA

(36)

International Planned Parenthood Federation-IPPF

(37)

International Mobile Satellite Organization-INMARSAT

(38)

League of Arab States-LAS

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

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

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

￿￿

Goods Name

Specification and Type

Quantity

Unit Price

Total Sum

Supplier Name

Supplier Address

Supplier Contact Phone Number

Supplier Contact Person

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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

The State Administration of Foreign Exchange

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

HuiFa [2002] No.88

September 16, 2002

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

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

1.

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

2.

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

3.

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

(1)

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

(2)

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

(3)

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

(4)

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

Attachment:

Statistical Statement of Small Frontier Trade and Verification (Omitted)

 
The State Administration of Foreign Exchange
2002-09-16

 



CIRCULAR OF THE PEOPLE’S BANK OF CHINA ON THE QUALIFICATION SYSTEM AND PROCEDURES FOR BUSINESSES OF FOREIGN-FUNDED BANKS

Circular of the People’s Bank of China on the Qualification System and Procedures for Businesses of Foreign-funded Banks

YinFa [2002] No.323
October 18, 2002

The branch banks and business departments of the People’s Bank of China:

In accordance with Articles 17, 21 of the Regulations of the People’s Republic of China on Foreign-funded Financial Institutions (Order
No.340 of the State Council, hereinafter referred to as Regulations), and Articles 44, 45 and 46 of the Detailed Rules for the Implementation
of the Regulations of the People’s Republic of China on Foreign-funded Financial Institutions (Order [2002] No.1 of the People’s
Bank of China, hereinafter referred to as Detailed Rules), the relevant issues of qualification system and procedures for businesses
of foreign-funded banks are hereby further clarified:

1.

On the qualification system for new businesses of foreign-funded banksArticles 17 and 21 of the Regulations provide that the business
scope of foreign-funded banks include 13 categories. To launch a new type of business within that scope, a foreign-funded bank shall
file a written application with the People’s Bank of China, and may only launch the business after obtaining approval from the People’
s Bank of China. The People’s Bank of China adopt two methods, namely examination & approval system and record system, for approving
new business types of foreign-funded banks, the details are as follows:

(1)

The record system shall apply to the new business types in the categories provided for in the first 12 Items of Article 17 of the
Regulations, and the People’s Bank of China will, according to the specific situations, apply the examination and approval system
with respect to some new business types that have significant impact on the development of bank industry and the financial market.
For the types subject to the record system, the Bank Administration of the People’s Bank of China shall issue a Notification on Record
Reply to the foreign-funded bank; and for the types subject to the examination and approval system, the People’s Bank of China shall
issue an official reply to the foreign-funded bank.

(2)

If there are special business administration measures for foreign-funded banks with respect to the business types in the categories
provided for in the first 12 Items of Article 17 of the Regulations, the qualification system and procedures for such types shall
be subject to the special business administration measures. At the present time, such special business administration measures include
the Interim Measures for the Administration of On-line Bank Business etc.

(3)

Generally, the record system shall be applied to the “other businesses approved by the People’s Bank of China” provided for in Item
13 of Article 17 of the Regulations; and the examination and approval system shall be applied to the products involving securities,
insurance and other non-bank financial industries.

If a foreign-funded bank is not sure about the applicable qualification system, it may consult with the local branch of the People’s
Bank of China before applying for a new business type.

2.

On the qualification procedures for new business types of foreign-funded banks

The corporate head office or major reporting bank of a foreign-funded bank shall submit the bank’s application for new business type
to the local branch of the People’ s Bank of China, and the branch shall, after examination, submit the application to the branch
bank or business department of the People’s Bank of China for transmission to the Head Office of the People’s Bank of China for approval.
After the corporate head office or major reporting bank of a foreign-funded bank has been approved to launch a new business type,
the bank’s branches or other branch banks in China may launch that business type after being authorized. A foreign-funded bank shall
report to the local branch of the People’s Bank of China when it has been approved to launch a new business type.

3.

On the qualification system and procedures for foreign-funded banks subject to report system

Generally, the report system shall be applied to the business types that are included in the categories provided for in the first
12 Items of Article 17 of the Regulations and that are not new business types. After launching such business types, a foreign-funded
bank shall report to the People’s Bank of China in a timely manner with regard to the types and properties of the new businesses
launched. The report shall be submitted by the corporation or major reporting bank of the foreign-funded bank to the local branch
of the People’s Bank of China, which shall submit the report to the Head Office of the People’s Bank of China on a quarterly basis.

4.

On the intermediary businesses launched by foreign-funded banks

For the intermediary businesses launched by foreign-funded banks, the business scope shall comply with the Regulations and the Detailed
Rules, and the qualification system and procedures shall comply with this Circular.

The branch banks and business departments shall transmit this Circular to the relevant central sub-branches and the business branches
of foreign-funded banks within their respective jurisdictions.

This is hereby notified.



 
The People’s Bank of China
2002-10-18

 






MEASURES FOR THE ADMINISTRATION OF THE QUALIFICATIONS OF SECURITIES PRACTITIONERS

The China Securities Regulatory Commission Commission

Order of China Securities Regulatory Commission

No.14

The Measures for the Administration of the Qualifications of Securities Practitioners were adopted at the 16th president executive
meeting of China Securities Regulatory Commission on October 22, 2002, and are hereby promulgate and shall come into force on February
1, 2003.

Zhou Xiaochuan, President

December 16, 2002

Measures for the Administration of the Qualifications of Securities Practitioners

Chapter I General Rules

Article 1

In order to strengthen the administration of the qualifications of securities practitioners, to promote the normalized development
of the securities market and to protect the legitimate rights and interests of the investors, these Measures are enacted in accordance
with the Securities Law of the People’s Republic of China.

Article 2

The professionals, who undertake securities business in the institutions engaging in securities business pursuant to law (hereinafter
referred to as institutions), shall obtain the practice qualification and certificate according to these Measures.

Article 3

Institutions as used in these Measures refer to:

(1)

Securities companies;

(2)

Fund management companies, fund custodian institutions, and fund sale institutions;

(3)

Securities investment consulting institutions;

(4)

Securities credit evaluation institutions;

(5)

Other institutions engaged in the securities business as provided for by China Securities Regulatory Commission (hereinafter referred
to as CSRC).

Article 4

Securities professionals used in these Measures refer to:

(1)

Professionals undertaking proprietary trading, brokerage, underwriting, investment consulting, entrusted investment management, etc.,
in securities companies, including the managerial personnel of the relevant business departments;

(2)

Professionals undertaking fund sale, study and analysis, investment management, trading, supervision and auditing, etc., in fund management
companies and fund custodian companies, including the managerial personnel of the relevant business departments; professionals engaging
in fund publicity, marketing, consulting, etc., in fund sale institutions, including the managerial personnel of the relevant business
departments;

(3)

Professionals undertaking securities investment consulting in securities investment consulting institutions and the managerial personnel
thereof;

(4)

Professionals undertaking securities credit evaluation in securities credit evaluation institutions and the managerial personnel thereof;

(5)

Other personnel that need to obtain the practice qualification and certificate as provided for by CSRC.

Article 5

China Securities Association (hereinafter referred to as Association) is in charge of the practice qualification exam for practitioner,
issuance of practice certificate and practice registration, etc., pursuant to these Measures.

Article 6

CSRC shall direct and supervise the Association’s work relating to the administration of qualification for securities practitioner.

Chapter II Obtaining of Practice Qualification and Practice Certificate

Article 7

Whoever taking part in a qualification exam shall reach the age of 18, have at least a high school degree and have full civil capacity.

Article 8

The qualification exam shall be organized by the Association. Those passing the exam will be qualified for practice.

Article 9

Classified professional exams will not be employed in the practice qualification exam, which include a basic subject and a professional
subject.

According to the development of securities market, the Association may organize, aside from the qualification exam, other exams for
different specialties, which will not be compulsory exams and may be chosen by the practitioners themselves, and the results of such
exams will be referred to by the institutions in employment.

Article 10

A person that is qualified for practice and meets the following conditions may apply for the practice license through the institution:

(1)

Being employed by the institution;

(2)

Having not been given criminal punishment in the last three years;

(3)

Not being in any situation provided for in Article 126 of the Securities Law of the People’s Republic of China;

(4)

Not being prohibited from the securities market by CSRC, or the prohibition has expired;

(5)

Behaving well and having good professional ethics;

(6)

Other conditions provided for in laws and administrative regulations and by CSRC.

To apply for practicing securities investment consulting and securities credit evaluation, the applicant shall, at the same time,
meet Article 158 of the Securities Law of the People’s Republic of China and other relevant provisions.

Article 11

If the applicant meets the conditions provided for in these Measures, the Association shall put on record with CSRC and issue the
practice license within 30 days from receiving the application; if the conditions of these Measures are not met, the Association
will not issue the practice license, and shall notify the applicant or institution and explain the reasons in written form within
30 days from receiving the application.

Article 12

Qualification certificates are not classified. A person with practice certificate may, upon appointment, carry out securities business
on behalf of the institution that has employed him.

Chapter III Supervision and Administration

Article 13

Where a person with practice certificate hasn’t practiced in an institution for 3 consecutive years, the Association shall nullify
his practice certificate; if the person wishes to practice again, he shall participate in the practice training organized by the
Association and apply for the practice certificate over again.

Article 14

After a practitioner has obtained the practice certificate, if he resigns or is not employed by the institution that employed him
any more, or cancels the labor contract with the institution that employed him for other reasons, the said institution shall report
to the Association within 10 days after occurrence of the aforesaid situation, and the Association shall alter the practice registration
of that person.

If a practitioner with practice certificate become employee of another institution, the new employer institution shall report to the
Association within 10 days after occurrence of the aforesaid situation, and the Association shall alter the practice registration
of that person.

Article 15

An institution may not employ any person without practice certificate to carry out securities business.

Article 16

Where a practitioner, in the course of practice, violates the relevant securities laws and administrative regulations and the relevant
provisions of CSRC and is punished by the employer institution, the institution shall report to the Association within 10 days after
the punishment.

Article 17

The Association and institutions shall arrange follow-up professional training for the personnel with practice certificates to raise
their professional ethics and quality.

Article 18

The measures for practice qualification exam, exam outline, administration measures on practice certificate and practice rules etc
formulated by the Association pursuant to these Measures and the relevant provisions of CSRC shall be submitted to SCRS for approval.

Article 19

The Association shall establish an administration database of practitioner qualification to administer the qualification proclamation
and practice registration.

Chapter IV Rules for Punishment

Article 20

If anyone participating in a qualification exam violates the exam room rules or disrupt the exam room order, he may not participate
in the qualification exam within 2 years.

Article 21

If any person with practice qualification provides false materials in application for practice certificate, he will not be issued
the practice certificate; if the practice certificate has already been issued, it will be nullified by the Association.

Article 22

If an institution practices fraud, seeks private benefits through wrongful means and willfully creates difficulties for the relevant
parties in the application for practice certificate, or fails to perform the obligation of report pursuant to the provisions, the
Association shall order it to correct; if it refuses to do so, the Association shall give disciplinary sanctions to the directly
responsible personnel; if the circumstances are serious, CSRC will impose separately or concurrently a warning and a fine of no more
than 30,000 yuan.

Article 23

If an institution employs any person without practice certificate to carry out securities business, the Association shall order the
institution to correct; if it refuses to do so, it shall be given disciplinary sanctions; if the circumstances are serious, CSRC
will impose separately or concurrently a warning and a fine of no more than 30,000 yuan.

Article 24

If a practitioner refuses the investigation or inspection conducted by the Association, or the institution employing that practitioner
refuses to cooperate in the investigation, the Association shall order the offender to correct; if it refuses to do so, it will be
given disciplinary sanctions; if the circumstances are serious, CSRC will punish the practitioner by suspending him from practice
for 3 to 12 months or revoking his practice certificate; and impose on the institution separately or concurrently a warning and a
fine of no more than 30,000 yuan.

Article 25

For a person whose practice certificate has been revoked by CSRC pursuant to law or nullified by the Association for violation of
these Measures, the Association may reject his application for practice certificate in 3 years.

Article 26

If any staff of the Association fails to perform his duties pursuant to these Measures, seeks private benefits through wrongful means,
neglects his duties or willfully creates difficulties for the relevant parties, the Association shall give him disciplinary sanctions.Chapter
5 Supplementary Rules.

Article 27

Those that hold securities brokerage qualification certificates, qualification certificates for issuing securities as agent, securities
investment consulting qualification certificates and fund practice qualification certificates may directly apply for the practice
certificates.

Those holding two or more aforesaid certificates may obtain professional level certification according to the provisions of the Association.

Article 28

Administration of the qualification for senior managerial personnel of the institutions shall be separately provided for by CSRC.

Article 29

These Measures shall enter into force on February 1, 2003. The Interim Administration Provisions on Qualification for Securities Practitioner
shall be repealed at the same time.



 
The China Securities Regulatory Commission Commission
2002-12-16

 






CATALOGUE OF ENCOURAGED HI-TECH PRODUCTS FOR FOREIGN INVESTMENT






The Ministry of Science and Technology, the Ministry of Commerce

Document of the Ministry of Science and Technology and the Ministry of Commerce

GuoKeFaJiZi [2003] No. 179

Departments (commissions, bureaus) of Science and Technology and departments (commissions, 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, Science and Technology Commission of Xinjiang Construction and Production Corps, departments of Science
and Technology and departments of International Affairs and Cooperation of ministries and departments concerned and institutions
directly under the State Council:

In order to direct provinces, municipalities, autonomous regions and departments concerned to conduct their work to encourage foreign
investment in high-tech industry, to accelerate the pace in introducing advanced technologies from abroad, to strengthen abilities
of internal assimilation and independent innovation, further improve the quality and level of foreign investment, the Ministry of
Science and Technology and the Ministry of Commerce hereby worked cooperatively to formulate the Catalogue of Encouraged Hi-tech
Products for Foreign Investment (hereinafter referred to as Catalogue ). Based on Catalogue of Chinese High-tech Products, taking
into careful consideration high-tech products that should be developed imperatively in terms of technology or that have a big gap
between China and abroad as well as requirements of national security and environmental protection, etc., going through the assessment
of specialists in related fields, the Catalogue was formulated, which comprises 917 items in 11 types. Now the Catalogue is printed
and distributed to you, it is hoped that governments of different levels and various departments concerned, under the guidance of
the Catalogue, actively conduct work in encouraging foreign investment and create favorable conditions for the quickening development
of high-tech industry. Please implement in accordance with the document.

Attachment: Catalogue of Encouraged Hi-tech Products for Foreign Investment (2003)

The Ministry of Science and Technology and the Ministry of Commerce

June 2,2003

Catalogue of Encouraged Hi-tech Products for Foreign Investment (2003)

Compilation Comments

In order to further attract and encourage foreign investment in high-tech industry, to introduce advanced applicable technologies
from abroad and to strengthen abilities of internal assimilation and independent innovation, based on the former Catalogue of Chinese
High-tech Products, Ministry of Science and Technology and Ministry of Commerce worked cooperatively to formulate the Catalogue of
Encouraged Hi-tech Products for Foreign Investment (hereinafter referred to as Catalogue). The Ministry of Science and Technology
and the Ministry of Commerce invited specialists in various technological fields to assess and designate the high-tech products in
the Catalogue. 721 items in the Catalogue of Chinese High-tech Products are selected and 196 items that have a big gap between China
and abroad and that should be developed imperatively in terms of technology and equipment. The high-tech products listed in the Catalogue
are classified into eleven types in accordance with technological domain. They are electronics and information, software, aeronautics
and astronautics, opto-mechatronics, biomedicine and medical equipment, new material, new energy and efficient energy saving, environmental
protection, geospace and ocean, nuclear applied technology and modern agriculture.

Electronics and Information Computer and Computer Peripheral Equipments

1

Supercomputer (ten billion times and above)

2

Top-grade server (which comprises subsystems, such as supervisory control of network, disk, security, etc)

3

Large-scale simulation and emulation system

4

Large-scale industrial controlling machine and controlling unit

5

Computer digital signal processing board

6

High-speed, high-capacity memory system equipment

7

Wide-roll, high-resolution color printing equipment

8

Wide-roll, high-definition color Xerox equipment

9

Digital input liquid crystal display for flat PC

10

DVD reading and recording laser head

11

Printing head of high-resolution color printer (1200dpi and above)

12

Computer hard disk and its pivotal parts (120G and above)

13

Distance, non-tangible IC card and related implements

14

Hand-held GPS receiver

15

Graphics and image identifying and processing system

16

Wireless network interface adapter

17

Mobile PDA for wireless network

18

Hand-held inspection equipment for wireless network terminal

19

Data collection station for wireless network terminal

Microelectronics and Photoelectron device

20

LSIC with line thickness￿￿.18 micrometer

21

Power electronic device

23

CCD devices

24

MCT infrared detector

25

CMOS image sensor

26

LED epitaxial wafer

27

High-brightness light-emitting diode (LED)

28

Blue and white luminotron

29

Fourth generation of (920￿￿20mm) and above polysilicon TFT-LCD and its support pieces

30

PDD flat display and its pivotal pieces

31

New-type LCOS display

32

Chip semiconductor device

33

Chip multi-layer compound device

34

Chip quartz crystal resonator

35

Chip ceramic and quartz crystal filter

Communication Equipment and Products

36

High-end router

37

IP data communication equipment

38

Thousand Mb/s and above network exchanger

39

Communication equipment for broadband fiber access network

40

Communication equipment for fixed wireless access network

41

Digital trunked Communication equipment

42

10Gb/s and above SDH fiber communication equipment

43

Fiber wavelength-division multiplexer

44

OXC equipment

45

Fiber preformrod

46

3G mobile Communication Base Station

47

3G mobile communication exchange equipment

48

3G mobile phone

49

CDMA mobile Communication Base Station

50

CDMA mobile communication exchange equipment

51

CDMA mobile phone

52

622Mb/s and above SDH digital microwave transmission equipment

53

Microcomb wireless communication equipment

54

Satellite communication and transmission equipment

55

Velocity￿￿0Gb/s laser for light communication

56

Light communication metering and check-out equipment

57

GSM, CDMA and IMT-2000 mobile communication check-out equipment

Broadcast and Television Technology and Products

58

Broadcast grade SDTV and HDTV digital CCD phonograph

59

Broadcast grade digital video recorder

60

Broadcast grade digital television monitor

61

Digital video switch

62

Digital audio sound console

63

Multi-track digital audio decoder

64

MPEG code stream recording equipment

65

MPEG code stream editing equipment

66

Digital television program storing system equipment

67

Digital television broadcast MUX

68

TV Standards Converter

69

Digital television source (high definition television) encoder and decoder

70

Digital television converter

71

Equipment of data transaction broadcasting system for digital television

72

Digital television broadcasting transmitter

73

Digital sound broadcasting transmitter

74

Digital television broadcasting SFN equipment

75

CATV QAM modulator

76

CATV optical transmitter and receiver

77

Satellite digital television broadcasting uplink station equipment

78

SMATV head-end equipment

79

MVDS (multi-point video distribution system) equipment

80

Plasma (PDP) flat digital television receiver

81

High definition television big screen liquid crystal projection television

82

DLP (digital light processing) big screen projection television

83

Digital television bit error ratio supervising equipment

84

Digital television test Signal Generator

Production equipment and test instrument for specialized techniques

85

Automatic precise chip mounter

86

Automatic-manual printed circuit precise printer

87

Hot wind loading welder

88

Multistep repetitive ray recorder

89

Plasma sediment and erosion equipment

90

Ion injector

91

Epitaxial growth equipment of compound semiconductor

92

High-speed online checkout equipment

93

Large-scale digital integrated circuit function test set

94

Specialized integrated system SOC scale test technology equipment

95

Multi-chip assembling module test technology equipment

96

Digital oscillometer (1000MHz and above)

97

Spectrometer

98

Logic analyzer

Software System Software

1

Operating system software

2

Network and communication protocol processing software

3

High level language compiler

4

Device driver

5

Embedded operating system

6

Embedded browser

7

embedded graphical user interface

Support Software

8

Internet/Intranet network administration software

9

Software development and testing platform

10

Computer-aided tool software

11

Middleware (non-confidential involved)

12

Database management system

Application Software

13

E-commerce software

14

Multimedia design software

15

Simulation and emulation software

16

ERP application software

17

Intelligent software

18

Information and network security software (non-confidential involved)

19

three-dimension computer-aided design software

20

Integrated circuit design computer-aided application software

21

Online storage and offline backup software

Aeronautics and Astronautics Aircraft and Support Products

1

Commercial transporter (including aerobus and airfreighter)

2

Training plane

3

general-purpose airplane

4

Parts and components for commercial planes

5

Commercial helicopter

6

Parts and components for helicopters

7

Wing in ground effect craft

8

Commercial aircraft turbine fan engine

9

Commercial aircraft gas turbine engine

10

Turbine propeller engine

11

Turbine shaft engine

12

Fan engine

13

New-type piston engine

14

Aeronautic auxiliary propulsion system

15

Parts and components for aeroengine

16

Airborne equipment for commercial plane

Ground Service Equipment

17

Facilities for civil airports

18

Protective equipment for civil airports

19

Ground test equipment

20

Ground equipment for aviation experiment

21

Aeronautic test and measurement equipment

22

Specialized equipment for aeronautic manufacture

23

Specialized equipment for trial manufacture of aeronautic material

24

Aviation simulation and training equipment

25

Comprehensive test devices for airborne equipment

Commercial Carrier Rocket

26

Structural components for the body of carrier rocket

27

Ground test equipment for carrier rocket

28

Mechanic and environmental test equipment for carrier rocket

29

transport equipment for carrier rocket

30

Equipment for space museum

Commercial spacecraft and ground facilities

31

Electronic equipment for spacecraft

32

Optical mechanical and Electronic products for spacecraft

33

Structural and institutional product for spacecraft

34

Temperature control product for spacecraft

35

Test equipment for satellite-related product

36

Ground reception and application equipment

Opto-mechatronics Automated Machinery and Equipment

1

Convertible five-sided processing center

2

Longmen processing center

3

Numerical controlled superfine lathe

4

Numerical controlled milling center

5

Numerical controlled precise spalling center

6

Highly efficient, high precision numerical controlled flat sharpener (precision accuracy<0.5￿￿

7

Numerical controlled high precision sharpener for internal and external circles (precision accuracy<0.5￿￿

8

Numerical controlled cutter sharpener (principal coordinate interlocked)

9

Numerical controlled low-speed cross-threading, electric-spark line cutting machine

10

Numerical controlled tooth wimbling, milling machine

11

Numerical controlled precise hobber

12

Numerical controlled tooth-milling machine with worm and abrasive wheel and numerical controlled shaping machine with abrasive wheel

13

FTL flexible cone production line

14

Numerical controlled mechanical press

15

Punching-shear compound processing machine

16

Plate multi-point shaping machine press without modules

17

Industrial robot and intelligent robot

18

Laser cutting and welding suite

19

Precise laser processing and erosion suite

20

Vacuo ion-ailming equipment

21

High-speed super-hard precise cutter system

22

Numerical controlled servo system

23

Tricoordinate gauging machine

24

Intelligent cooling device for processing equipment

25

High-speed, multi-spindle processing center (main spindle speed>12000r/min, rapid speed>50m/min)

26

Numerical controlled precise tooth-milling machine with coiling umbrella and tooth gear

27

Numerical controlled multi-rod precise leveling machine

28

Numerical controlled coordinate-measuring milling center

29

Bottomup numerical controlled lathe and spalling center

30

Straightline and flat dynamo and its driving system

31

Numerical controlled coordinate-measuring grinding machine

32

Automated three-dimensional stockhouse

33

Rare earth permanent-magnet dynamo

34

Direct current pressure-modulating chopping draught gear

35

Alternating current frequency-and-pressure-modulating draught gear

36

Quarto four-color rotary offset machine and self-control system

37

Sterilizing equipment and automatisation

38

Computer jacquard weaving artificial fur machine

39

Superfine desintegrator (submicro grade)

40

Large-scale sterilized baling press

41

Weaving pill and corner loom

42

Superfine filter equipment (submicro grade)

43

Ceramic filter machine (submicro grade)

44

High-precision strip mill (10￿￿)

Key Basic Parts of Electromechanics

45

hydraumatic plunger pump and motor with high voltage>40MPa

46

High-voltage monoblock-type multiport valve

47

Low-power pneumatic valve, control valve for island use

48

High-frequency electric controlled air valve

49

Intelligent air cylinder

50

High-performance rubber obturator

51

High-temperature, high-voltage mechanical sealing

52

Non-tangible gas film sealing

53

Bearing for high speed passenger train car(1000 km/h and above)

54

Low noise bearing (vibration value 55

Covering piece die assembly for automobile

56

Intelligent plastic-shell circuit breaker (Voltage 380V, 660V, current 1000A)

57

Intelligent chest or drawer circuit breaker for large-scale project

58

Anti-skid brake system (ABS)

59

Electron controlled automatic transmission case

60

Electric steering gear with booster

61

On-vehicle diagnostic equipment

62

Electric device for gasoline engine

63

Electric device for diesel motor

64

Transfer device for automobile alternative fuel

65

Advanced electronic sensor for automobile

66

Turbocharger for engine

67

Exhaust gas recirculation equipment for engine

68

Efficient automobile tail gas purge switch (reach Europe III Standard)

69

Fueling battery for automobile

70

High-pressure oil supply system for diesel motor (￿￿600Bar)

71

Vehicle dynamic control system(VDC)

72

Active suspension system

73

Automobile collision avoidance system

74

Automobile electric antijoyride device

75

Intelligent control system for the internal environment of automobile

76

Multi-energy management system for automobile motive power

77

Air suspension system

78

Electronic Braking Device (EBD)

Instrumentation and System

79

On site bus control system

80

Dynamo and control system for electric automobile

81

Electricity dispatch and management automatic system

82

Automatic system for transportation and management

83

GPS position fix, inspection, alarming dispatch system

84

Comprehensive management system for security check-out in the coalmine

85

Automatic inspection and control system for hydraulic power plant

86

Non-work automatic compensation device

87

Automatic device for power generating facilities with new energy

88

Automatic cruise control system (automobile auxiliary driving system)

89

Electronic charging management system (non-stop electronic payment system)

90

Two pass flowmeter

91

Solid flowmeter

92

On-site bus intelligent instrument

93

Liquid phase chromatograph

94

Mass spectrograph

95

X-ray diffractometer

96

X-ray fluorescence spectrograph

97

Industrial chromatograph

98

Industrial mass spectrograph

99

Near infrared spectrograph

100

Optical Emission Spectrometer

101

Laser scanning microscope

102

Scanning tunneling microscope

103

Transmission microscope

104

Scanning electron microscope

105

Laser comparator

106

Optical maser (power>2KW)

107

Total station meter

108

High-definition numeric voltmeter (with measuring range of seven bit and a half and above)

109

High-definition numeric ampere meter (with measuring range of seven bit and a half and above)

110

Industrial X-ray defectoscope (800KV and above)

111

Performance test device specialized for automobile components

112

Automatic film plating machine with electron gun

113

Overspeed ultra centrifuge (100000r/min and above)

114

VXI bus automatic test system (in accordance with IEEE1155 international standards)

115

humidity, air and ion sensitive sensor

116

Fiber sensor

117

photoelectric sensor

118

Single lens reflex with high performance

119

Digital camera(with definition of 2 million pels and above)

120

Digital multifunctional duplicating machine

121

Automatic zooming camera

122

Digital multimedia projector

123

Nuclear magnetic resonance spectrometer

Biomedicine and Medical Equipment

Biomedicine

1

TNF receptor medicine

2

Growthfactor of neurocyte

3

Anti-body tumor antigen monoclonal antibody

4

Anti-body virus antigen monoclonal antibody

5

Recombinant Streptokinase

6

Monoclonal antibody-oriented medicine

7

P53 anti-cancer agent for recombinant adenovirus

8

Hepatitis detection kit

9

Pathogen diagnosis kit

10

Tumor diagnosis kit

11

Human immunodeficiency virus(HIV) diagnosis kit(including detection kit of standard enzyme and standard golden as well as gene chip,
etc.)

12

Extract of traditional Chinese medicine

Chemical medicine

13

Moracizine Hydrochloride

14

Ozagrel

15

Esmolol hydrochloride

16

Celiprolol Hydrochloride Tablets

17

Levamlodipine Besylate Tablet

18

Provastatin

19

Simvastatin

20

Lisinopril Capsules

21

Ticlopidine

22

Doxazosin

23

losartan

24

Macrogol 4000

25

Tegaserod

26

Docusate

27

Mifeprex

28

Norethisterone Enanthate

29

Piperaquine Phosphate

30

Sirolimus

31

Etimicin Sulfate

32

Cefaclor

33

Maxipime

34

Cefpirome

35

Meropenem

36

Linezolid/Zyvox

37

Flutamide

38

Memantine

39

Lamivudine

40

Production of paclitaxel by biotechnology

41

Exemestane

42

Gallium Nitrate

43

Capecitabine

44

Melphalan

45

Voriconazole

46

Phencynonate Hydrochloride

47

Machloramine

48

Paroxetine Hydrochloride

49

Pramipexole hydrochloride

50

Fluticasone

51

Salmeterol

52

Ibudilast

53

Articaine

54

Gabexate Mesilate

55

Poloxomer

56

polymethacrylamine I, II

57

Polyacrylic Acid

58

Carbomer

59

Compound sodium phosphate tablets

60

Zidovudine, Stavudine

Food Biotechnology and Products

61

Alkaline cellulase

62

Xylanase

63

Alkali tolerant protease

64

New type of L-amino acid

65

New type of D-amino acid

66

Glutathion

67

Chiral compound resolution or isomerase

68

L-amino acid

69

D-amino acid

70

Fungus amylose

71

High purity Metallo thionein (MT)

72

Fermentation glycerol

New-type medical equipment

73

Entrapping treatment equipment with boron neutron

74

Proton treatment equipment

75

Ultrasonic transducer for medical use

76

Digital diasonograph

77

Notebook digital color diasonograph

78

Cardiac pacemaker (including intracorporal one)

79

Electric craniotome

80

Cardiac telemetric monitor

81

Endoscope for medical use

82

Eyeground camera

83

Digital X-ray unit

84

X-ray tube (including tungsten target, molybdenum target and X-CT ray tube)

85

Specialized X-ray unit

86

X-ray image intensifier

87

Positive electron tomography (PET) device

88

￿￿single photon emitter tomography (SPECT) device

89

X-ray three-dimensional directional radiation treatment system (X-ray)

90

￿￿ray three-dimensional directional radiation treatment system (￿￿ray)

91

Sensor for medical use

92

Standard enzyme immunity analyzer

93

Blood analyzer

94

Biochemical analyzer

95

Mechanical heart valve and invitro test device

96

Blood dialyzer (mechanical kidney)

97

Aqueduct for medical use

98

Blood vessel embolus agent and plunger material

99

Hemanalysis blood transfusion device

100

Device for reimportation of blood from his own body

New Material

Metal Material

1

High damping material

2

Full-length quenching heavy rail (rail of 60, 75 kg)

3

Anti-crush oil pipe for superdeep well

4

Pipeline steel of X70 and above

5

Purified, high carbon chromium bearing steel and carburization bearing steel

6

High-quality deep-drawing steel plate for automobile

7

Expansion joint of metal bellows

8

Metal hose of high-flexibility stainless steel

9

Iron based or ironnickel based amorphous, minicrystal alloy

10

Cobalt based or cobaltnickel based amorphous, minicrystal alloy

11

Hitemperature alloy powder

12

High-performance prestress steel wire

13

High-intensity and low-relaxation prestress steel strand

14

New type structural stainless strand

15

Erosion resistant modification material for the surface of turbine blade

16

High-performance agglomeration rare earth material with permanent magnetism

17

High-performance welding rare earth material with permanent magnetism

18

Highly-insulated rare earth material with permanent magnetism

19

High-performance ferrite material

20

Rare earth permanent magnet processed by anti-shielding technology

21

welding wire and thread of drug core

22

Hydrogen-stored rare earth material for dynamic battery

23

Lithium ion electrode material

24

Niobium powder and thread for capacitor

25

Polysilicon

26

Silicon monocrystal and polished chip with diameter of 150mm and 200mm

27

Zone-melting silicon monocrystal

28

Compound semiconductor material (gallium arsenide, gallium phosphide, gallium nitride)

29

Polysilicon, amorphous silicon for solar battery and battery components

30

Hitemperature superconducting material

31

Memory alloy material (titaniumnickel, copper-based and ferrum ?Cbased memory alloy material)

32

Superfine (nanometer) calcium carbide and superfine (nanometer) crystal hard alloy (including high-precision hard alloy and high-precision
hard cutter)

33

Superhard composite material

34

precious metal composite material

35

New material of rare earth and application ware

36

Compound aluminum foil for radiator

37

Medium and high voltage aluminum foil of cathode capacitance

38

Large-scale aluminum alloy bar section of special type

39

Prestretching thick plate of aluminum alloy and enveloped plate of aluminum alloy

40

Precise die forging of aluminum alloy

41

High-intensify aluminum alloy material

42

PS aluminum alloy plate

43

Aluminum plate for beverage can

44

Electrified rail overhead wire

45

Superthin copper strip

46

Erosion and heat resistant copper alloy tube for exchanger

47

High-performance coppernickel and copper ferroalloy strip

48

Berrillium copper strip, wire, tube bars

49

Rare earth luminescent material (plasma panel display fluoresent material, white LED rare earth fluoresent material)

50

High temperature and senescence resistant tungsten filament

51

Magnesium alloy cast

52

Solder without plumbum

53

Processed material of magnesium alloy plate, tube and bar

54

Magnesium alloy and magnesium alloy weld assembly processed by surface modification technology

55

Foamed aluminum

56

Titanium alloy bar and titanium welding tube

57

Big-mangneto stretching material of rare earth ferroalloy and application products

Inorganic Nonmetal material

58

Superfine powder of silicium carbide(SIC) (purity>99%, average power diameter: 0.5~5￿￿)

59

Superfine power of silicon nitride(SI3N4) (purity>99%, average power diameter: 0.5~5￿￿)

60

Superfine r-AL2O3 miropowder(average power diameter<0.5￿￿)

61

Zirconium oxide ceramic powder

62

Highly-purified aluminium nitride powder(Aln) (powder diameter: 0.5-2￿￿)

63

Antiseptic scavenger

64

Titanium dioxide (powder diameter 50~100nm, purity￿￿8.5% )

65

Silica pigment (powder diameter 10~100nm)

66

Barium titanate (purity 99% , powder diameter<1￿￿)

67

High concentration hydrogen peroxide(content 95~98%)

68

Specialized sodium phosphate

69

Ceramic wafer

70

Inorganic splitting membrane and functional diaphragm

71

Piezoelectric ceramic parts

72

High-performance ceramic cutter material

73

Multifunctional light composite board

74

Fiber gypsum board

75

High-quality synthetic quartz crystal

76

High-performance synthetic mica and products

77

Thermotropic thermal resistor (PTC)

78

Silicon carbide ceramic

79

Silicon nitride ceramic

80

Ceramic with microwave as medium

81

BN-TiB2 current conducting compound ceramic

82

ZrO2 ceramic

83

Hitemperature resistant workable ceramic

84

Diamond membrane tool

85

Diamond drawing die

86

Artificial diamond of saw blade level

87

Cubic boron nitride crystal

88

Ceramic material and product of comb extrusion

89

Porous ceramics and product

90

High-efficiency compound thermal insulation material for external wall

91

Lightweight aggregate concrete building block (not load bearing type)

92

Multidimensional, multi-directional integrated weaving fabric and modeling fabric

93

High-intensity fiberglass and high-elasticity modulus fiberglass

94

Quartz fiberglass and product

95

Aluminum coated fiberglass

96

Grey yarn felt of consecutive fiberglass and superficial felt of fiberglass

97

Direct twistless slubbing of high-density fiberglass

98

Fiberglass cloth and thin felt for microelectronics

99

Electromagnet wave screening glass

100

High-intensity anti-bulletin glass

101

Microcrystal glass baseplate for disk

102

Glass baseplate for microelectronics

103

Infrared penetrating glass

104

Fused sealing glass for electron device

105

Quartz glass for laser

106

Large-scale quartz glass diffusion tube, crucible and bell of electronic level

107

High-performance optical quartz glass

108

Optical fiber plate, image inverter and fiber light cone

109

micro-channel plate of super second generation and third generation

110

Image inverting beam

111

Laser medical fiber and laser transmitting quartz fiber

112

Fiber preformrod, fiber and fiber cable

Organic Macromolecule Material and Products

113

High anti-weathering decorative anticorrosion paint

114

Metal lighting vanish and coating varnish of CA series

115

WBC aqueous metal lighting vanish for automobile

116

cathode electrophoretic vanish with thick film of HED series

117

Paint for ship

118

Paint for aircraft

119

Rare earth cerium sulphide red dye

120

Flexible resinous plate

121

Laser image output film

122

Color ink jet printing material

123

Photoresist

124

Electronic enveloping resin

125

Ray-recording pulp for plasma color display

126

High-performance printing ink(Fineness￿￿0￿￿, acidproof, alkaliproof)

127

Superpure gas with electronic grade

128

Carbinol synthetic catalyst under low pressure

129

Conversion catalyst low water carbonizing methane

130

Catalyst of low water carbonizing CO under high temperature

131

Catalyst for catalysis and crack of heavy oil

132

FCC catalyst and accessory ingredient against the contamination of heavy metal

133

Special molecular sieve

134

Three-effect catalyst for purification of automobile tail gas

135

Special type catalyst for dearsenication of oil product

136

Aramid fiber

137

Carbon fibre

138

High-performance superfine fiber

139

High-die, low-shrinking industrial terylene filament

140

Elastic fiber

141

Electrolytic capacitor paper

142

High-performance base paper for copper-coated foil board

143

High-precision fuel filter

144

Color spray painting paper

145

Temperature-resistant sheathing paper

146

Hidronickel and Lithium batt

INTERIM PROVISIONS ON THE ADMINISTRATION OF CHINESE-FOREIGN JOINT VENTURE AND CHINESE-FOREIGN COOPERATIVE JOB INTERMEDIARY INSTITUTIONS

The Ministry of Labor and Social Security, the State Administration for Industry and Commerce

Decree of the Ministry of Labor and Social Security and the State Administration for Industry and Commerce

No.14

The Interim Provisions on the Administration of the Establishment of Chinese-foreign Joint Venture and Chinese-foreign Cooperative
Job Intermediary Institutions have been adopted at the 7th executive meeting of the Ministry of Labor and Social Security (MLSS)
on May 8, 2001 and, upon the consent of the Ministry of Foreign Trade and Economic Relations (MOFTEC), are hereby promulgated for
implementation as of December 1, 2001.

Minister of the Ministry of Labor and Social Security: Zhang Zuoji

Director of the State Administration for Industry and Commerce (SAIC): Wang Zhongfu

October 9, 2001

Interim Provisions on the Administration of Chinese-foreign Joint Venture and Chinese-foreign Cooperative Job Intermediary Institutions

Article 1

These Provisions have been formulated in accordance with the Labor Law, the Law on Chinese-foreign Equity Joint Enterprises and the
Law on Chinese-foreign Cooperative Enterprises for the purpose of standardizing the establishment of Chinese-foreign joint venture
and Chinese-foreign cooperative job intermediary institutions and protecting the lawful rights and interests of the job seekers and
the employing entities.

Article 2

These Provisions shall be observed in the establishment of Chinese-foreign joint venture and Chinese-foreign cooperative institutions
for the purpose of job intermediary activities.

Article 3

The administrative departments of labor and social security, the administrative departments of foreign trade and economic cooperation
and the administrations for industry and commerce shall, within their respective functions and duties, be responsible for the approval,
registration, administration, supervision and inspection of Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary
institutions.

In order to set up a Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary institution, the approval of the
administrative department of labor and social security of the people’s government on the provincial level (hereinafter referred to
as labor and social security department) and the administrative department of foreign trade and economic cooperation shall be obtained
and registration shall be gone through at the local administration for industry and commerce of the place where the enterprises is
to be situated that is authorized by the SAIC. No solely foreign-capital job intermediary institution may be established.

The representative offices of foreign enterprises in China and the foreign chambers of commerce established in China may not engage
in any job intermediary activities.

Article 4

The Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary institutions shall carry out their business activities
on the basis of law, and their lawful business activities shall be subject to the protection of Chinese law.

Article 5

A Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution may be engaged in any and all of the following
businesses:

1.

providing intermediary services to the job seekers and employing entities both at home and abroad;

2.

providing services in employment guidance and consultation;

3.

collecting and distributing information about the labor markets;

4.

holding job fairs after obtaining the consent of the department of labor and social security on the provincial level or the department
of labor and social security on the prefecture level authorized thereby;

5.

engaging in other services as ratified by the department of labor and social security on the provincial level or the department of
labor and social security on the prefecture level authorized thereby;

Relevant provisions of the state shall be applicable to the intermediary services provided by the Chinese-foreign joint venture and
Chinese-foreign job intermediary institutions to the Chinese citizens in helping them to seek employment overseas and to the representative
offices of foreign enterprises within China in their seeking of Chinese employees.

Article 6

The following conditions shall be satisfied in the application for establishing a Chinese-foreign joint venture or Chinese-foreign
cooperative job intermediary institution, and formalities shall be completed in accordance with the procedures as provided in articles
7 and 10 of these Provisions:

1.

The foreign investor that applies for establishing a Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary
institution shall be a legal person that is engaged in the job intermediary business and shall have experience in job intermediary
services in the country where it is registered and shall have good credit standing;

2.

The Chinese investor that applies for establishing a Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary
institution shall be a legal person that is eligible for engagement in the job intermediary business and shall have good credit standing;

3.

The Chinese-foreign joint venture or Chinese-foreign cooperative institution to be established shall have a registered capital of
not less than 300,000 USD, 3 or more full-time employees that have the credentials for engaging in the job intermediary services,
a definite scope of business, articles of incorporation, rules for management, and fixed offices and facilities necessary for carrying
out business. The key business operators shall have experience in providing job intermediary services.

Article 7

To establish a Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution, an application shall be
filed to the department of foreign trade and economic cooperation on the provincial level of the place where the institution is to
be established, and relevant documents of the Chinese-foreign joint venture or Chinese-foreign cooperative institution to be established
shall be submitted at the same time.

After having received the application, the department of foreign trade and economic cooperation on the provincial level shall transfer
the documents as mentioned below to the department of labor and social security on the same level:

1.

registration certificates of both the Chinese and foreign parties (in photocopy);

2.

career certificates (in photocopy) and resumes of the major business operators;

3.

resumes and employment credentials of the future full-time employees;

4.

certificates for the use of domicile;

5.

certificates of business scope to be engaged in;

6.

other documents as provided in laws or regulations.

Article 8

The department of labor and social security on the provincial level shall, after receiving the documents that have been transferred
thereto as pursuant to Article 7 of these Provisions, give a reply within 15 days. If the applicant has satisfied the conditions,
a certification document shall be issued for approving the establishment of the Chinese-foreign joint venture or Chinese-foreign
cooperative job intermediary institution; where the applicant has not satisfied the conditions, reasons shall be given and the documents
as mentioned above shall be returned to the department of foreign trade and economic cooperation on the provincial level.

Article 9

The department of foreign trade and economic cooperation shall, within 30 days after receiving the certification document of the department
of labor and social security on the same level approving the establishment of the Chinese-foreign joint venture or Chinese-foreign
cooperative institution, decide whether to approve or disapprove. If approval is to be granted, an approval certificate shall be
issued to the Chinese-foreign joint venture or Chinese-foreign cooperative institution; if approval is not to be granted, it shall
notify the applicant.

Article 10

Any applicant that have obtained approval shall, within 30 days after receiving the certificate of approving the Chinese-foreign joint
venture or Chinese-foreign cooperative enterprise, apply for registration at the local administration for industry and commerce of
the place where the enterprise is to be situated that has been authorized by the SAIC, and shall, within 10 days after completing
the registration, go through the procedures of filing archives at the department of labor and social security on the provincial level
or the department of labor and social security on the prefecture level authorized thereby.

Article 11

If there is any change in the investors, proportion of shares of the Chinese-foreign joint venture or Chinese-foreign cooperative
job intermediary institution or any branch is to be established, the approving procedures as provided in these Provisions shall be
followed so as to obtain the approval of the original approving authority, relevant alteration procedures shall be completed at the
administration for industry and commerce, and the procedures for filing archives shall be completed at the department of labor and
social security.

Article 12

The Provisions for the Administration of Labor Markets and other relevant provisions for the administration of enterprises with foreign
investment shall be applicable to the administration of Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary
institutions.

Article 13

These Provisions shall be applicable by reference to the Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary
institutions established by investors from the Hang Kong Special Administrative Region, Macao Special Administrative Region or investors
from Taiwan within the Mainland of China.

Article 14

These Provisions shall enter into force as of December 1, 2001.

 
The Ministry of Labor and Social Security, the State Administration for Industry and Commerce
2001-10-09

 



CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE (SAFE) ON DISTRIBUTING INSTRUCTION ON MAKING USE OF INFORMATION TECHNOLOGY TO IMPROVE BOP STATISTICS AND STANDARD OF INTERFACE BETWEEN MONITORING SYSTEM FOR BOP STATISTICS AND OPERATION SYSTEMS OF FINANCIAL INSTITUTIONS

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange (SAFE) on Distributing Instruction on Making Use of Information Technology
to Improve BOP Statistics and Standard of Interface Between Monitoring System for BOP Statistics and Operation Systems of Financial
Institutions

HuiFa [2002] No.17

February 9, 2002

SAFE branches and exchange administration offices in all provinces, autonomous regions and municipalities directly under the Central
Government, SAFE branches in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo, and the headquarters of all designated Chinese-funded
foreign exchange banks:

Making full use of information technology is the only way to transform our current statistical technology and means, and achieve higher
efficiency and better data so as to adapt our work to the changing economic conditions both at home and abroad after China’s entry
into the WTO, bring BOP statistical means in line with international standard, and meet the need of macro-economic policy-making.
Therefore, the SAFE has formulated the Instruction on Making Use of Information Technology to Improve BOP Statistics (see Attachment
1). The Instruction is now distributed to you together with the Standard of Interface between Monitoring System for BOP Statistics
and Operation Systems of Financial Institutions (see Attachment 2). Please put them into practice in line with local characteristics
and realities; and transmit them in time to foreign-funded banks under your jurisdiction.

Attachment:

1. Instruction on Making Use of Information Technology to Improve BOP Statistics

2. Standard of Interface between Monitoring System for BOP Statistics and Operation Systems of Financial Institutions (Omitted)

Attachment 1:Instruction on Making Use of Information Technology to Improve BOP Statistics

1.

Necessity and feasibility of improving BOP statistics by making use of information technology.

Since the Measures on BOP Statistical Reporting was put into practice on January 1,1996, the SAFE and its branches (hereinafter referred
to as SAFE offices), banks, BOP reporters and other relevant parties have been working hard to improve the quality of BOP statistical
data. Deadline of BOP reporting of external receipts was shortened on September 1,2001, a big stride forward in the timeliness of
data submission. However, there still exist some difficulties and problems in BOP statistics. Our statistical measures have to be
improved to keep abreast of new economic development both at home and abroad. Making full use of information technology is the only
way to transform our current statistical technology and means, and achieve higher efficiency and better data so as to be in line
with international practice and meet the need of macro-economic conditions.

Firstly, to enhance the quality and efficiency of BOP statistics by making use of information technology is a requisite to bring our
BOP statistics in line with international standards and practices after China’s entry into the World Trade Organization (WTO). After
entering the WTO, China will be further integrated into the world economic community. Timely, accurate and comprehensive statistics
plays an important role in bringing our economy further on the track of international practice and ensuring its sound and stable
development. Secondly, making use of information technology is essential to enhance statistical quality, cut statistical costs, lighten
the burden on BOP reporters and ensure data quality. Thirdly, digitalization has laid a foundation for improving statistical means
through information technology. Popularization of computer networks, computerization of domestic banks’ business and reporters’ knowledge
on information technology have laid a sound foundation for making use of information technology to improve BOP statistics. Finally,
the current situation of domestic banking makes it possible to make use of information technology to improve BOP statistics. Some
banks have made trials in this respect and proved it feasible.

2.

Instruction on online BOP statistical reporting and data interface transfer

The goal of making use of information technology is to replace manual filling-and-processing transmission with picking up electronic
data from computers, and replace regularly and irregularly submitted data with almost real time data. Currently, collection of BOP
information by means of online reporting and data interface transfer is encouraged. Details are as follows:

(1)

Channel for information transmission between a bank and its clients: on-line reporting (report of external receipts)

a.

Procedures

(a) The bank sends reporting advice and information to its clients (the reporters) directly from its operation system through the
Internet;

(b) After filling an electronic reporting form upon the information transmitted by the bank from the Internet and vouchers related
to the transaction, the reporter transmits the form to the bank through the Internet;

(c) After receiving the electronic reporting form, the operation system of the bank will check the reported information automatically.
Qualified information will be transmitted to the SAFE office concerned through data interface. Unqualified information will be sent
back to the reporters for timely revision or supplementation.

b.

Quality requirements

(a) Timeliness

Online reporting system shall be able to guarantee the bank to inform the reporter and the SAFE office concerned on the same day when
receiving an external payment, guarantee the reporter to transmit accurate and comprehensive reporting information to the bank within
the prescribed time and thus make it possible for the bank to transmit the information to the SAFE office concerned on the same day
(or the next working day).

(b) Accuracy

The system shall have the function of logical judgment so as to check the reported data automatically in accordance with relevant
requirements of indirect BOP reporting. For example, the received amount shall be no less than the total amount of foreign exchange,
the sold foreign exchange and others in a transaction. The system shall be able to judge whether the transaction postscript has been
filled, or whether such elements required by the operational procedures on indirect BOP reporting as “basic information statement
of the institution”, “institutional code”, “transaction serial number” and “country” have been provided.

(c) Comprehensiveness

The operation system of the bank shall be able to generate relevant reporting information automatically, and have the function of
reminding and warning so as to urge the reporter and the bank to report in time. Such technological measures as automatic check up
may improve the comprehensiveness of BOP reporting.

(d) Safety

The backup function of the system shall be installed so as to protect the data from malfunction and disaster. The security function
shall be installed so as to keep clients information from being given away.

(e) Practicality

The system shall ensure the convenience of reporting. It shall provide the reporters with general knowledge of BOP reporting, search
of transaction serial numbers, scope and explanation of the numbers, and other help.

(f) Openness

The system shall be open and extensible. It shall have strong compatibility and extensibility.

(2)

Channel of information transmission between a bank and a SAFE office: data interface transfer

Data interface transfer refers to connection between the interface of the operation system of the bank and that of the monitoring
system of BOP statistics of the SAFE office.

a.

External receipts reporting

a-i. Statement of external receipts:

The bank shall transmit the statement of external receipts to the SAFE office through the data interface transfer in good time on
receiving a payment.

a-ii. Reporting form of external receipts:

a-ii-i. A bank that has realized online reporting shall transmit the online reported information of its clients to the SAFE office
in time through the data interface transfer.

a-ii-ii. A bank that has not realized online reporting:

a-ii-ii-i. In case of external receipts under L/C and B/C, the bank shall be allowed to report on behalf of a reporter after signing
an agreement with the reporter (indicating the legal responsibilities of each party) and then transmit the reporting information
to the SAFE office in good time through the data interface transfer. When reporting on behalf of the reporter, the bank shall ascertain
the nature of transaction based on relevant vouchers and certificates related to L/C and B/C. Predetermination of transaction serial
number is not permitted.

a-ii-ii-ii. In case of external receipts under T/T:

For the receipts under T/T whose nature is relatively simple, reporting procedures for (a-ii-ii-i) “external receipts under L/C and
B/C” shall be followed: The bank shall be allowed to report on behalf of the reporter after signing an agreement with the reporter
(indicating the legal responsibilities of each party). For other kinds of receipts under T/T, the reporter shall report first, and
then the bank shall input the reported information into the monitoring system of BOP statistics and transmit the information to the
SAFE office concerned in good time.

b.

External payment

b-i. Combination of business vouchers and reporting forms is encouraged. The SAFE has designed a unified format for the combination.
Any bank hoping to combine reporting form to its business vouchers may apply at a SAFE office for instruction and help. After the
transition to combination is completed, paper-made reporting form of external payment [verification form of import payment (acting
reporting form) excluded] shall be abolished. The bank does not have to record and transmit journal ledger of external payment. It
shall only transmit the information ready in its operation system in the format of reporting form to the SAFE office through data
interface transfer.

b-ii. A bank that has not combined reporting forms to business vouchers shall still fill in a journal ledger of external payment as
required, and transmit the journal ledger and information reported by its clients to the SAFE office through data interface transfer.

3.

Principles and Requirements

(1)

Principles

a.

All SAFE branches and banks shall actively research, develop, and apply data interface transfer and online reporting system in accordance
with their own capability and local economic development.

b.

During the course of developing data interface transfer and online reporting system, banks and SAFE branches shall keep each other
fully informed. SAFE branches shall keep abreast of the progress of the development, and provide necessary guidance and help. Data
interface transfer and on-line reporting system developed by a bank shall be inspected by the local SAFE office and meet the requirement
of quality standard before putting into use.

c.

Data transfer shall not disturb the operation of current systems, normal data transmission and statistical quality.

d.

When upgrading and developing its operation system, the headquarters of each bank shall take account of BOP statistical reporting,
foreign exchange purchase and sale statistics, foreign exchange account supervision, and etc, make overall arrangement so as to lay
a foundation for the eventual achievement of data interface transfer between the operation system and monitoring system of BOP statistics.

(2)

Timetable

Starting from 2002, relevant entities shall work hard to carry this work forward so that data interface transfer between the SAFE
offices in provinces and cities directly under State planning and the banks directly under their jurisdiction (foreign-funded banks
included) can be realized on the whole in one or two years. Mean while, banks with massive foreign exchange business and SAFE branches
concerned are encouraged to develop online reporting system.



 
The State Administration of Foreign Exchange
2002-02-09

 






CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON THE PROVISIONS ON THE ADMINISTRATION OF INTERNATIONAL CHECK UPON THE IMPORT AND EXPORT OF CHEMICAL PRODUCTS LIABLE TO PRODUCING NARCOTIC DRUGS

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation on the Provisions on the Administration of International Check
Upon the Import and Export of Chemical Products Liable to Producing Narcotic Drugs

WaiJingMao [2002] No.147

March 29, 2002

Article 1

These Provisions are enacted in accordance with the Criminal Law of the People’s Republic of China and the Foreign Trade Law of the
People’s Republic of China as well as other legal provisions in order to strengthen the administration of import and export of chemical
products liable to producing narcotic drugs, regulate the international check on the import and export of chemical products liable
to producing narcotic drugs, and implement the obligations in the 1988 United Nations Covenant Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances(hereinafter referred to as the Covenant).

Article 2

The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC ) shall be responsible for administering
the import and export of chemical products liable to producing narcotic drugs, and the Ministry of Public Security shall be responsible
for the international check on the import and export of chemical products liable to producing narcotic drugs.

Article 3

The State applies the permit administration to the import and export of chemical products liable to producing narcotic drugs, and
applies the international check to part of the chemical products liable to producing narcotic drugs (hereinafter referred to as “chemical
products subject to check”, see the annexes for details) in the administration of import and export. The catalogue of the chemical
products subject to check shall be adjusted by the Ministry of Public Security in negotiation with the MOFTEC, and shall be jointly
promulgated by the Ministry of Public Security and the MOFTEC.

Article 4

An import and export enterprise that intends to import or export chemical products subject to check shall go through the following
application procedures:

(1)

an enterprise subject to the management of the Central Government that intends to import or export chemical products subject to check
shall apply to the MOFTEC;

(2)

a local import and export enterprise shall apply to the department in charge of foreign trade and economic cooperation at its locality,
and a subsidy of an enterprise subject to the management of the Central Government shall apply to the parent enterprise for examination,
and when the examination is passed, it shall be reported to the MOFTEC for review.

Article 5

An import and export enterprise shall submit the following documents in the application:

(1)

the “Application Form for Importing (Exporting) Chemical Products Liable to Producing Narcotic Drugs” covered with the seal of the
import and export enterprise (in duplicate), among which, one shall be turned over to the MOFTEC by the local department in charge
of foreign trade and economic cooperation or the enterprise subject to the management of the Central Government, and the other shall
be kept by the local department in charge of foreign trade and economic cooperation or the enterprise subject to the management of
the Central Government;

(2)

the qualification certificate of import and export enterprise (duplicate of the original);

(3)

the import (export) contract (duplicate of the original) if the chemical products liable to producing narcotic drugs are imported
(exported) under terms of ordinary trade;

(4)

the approval document for processing trade (duplicate of the original) and the processing trade contract (duplicate of the original)
concluded with the foreign party as well as the processing agreement (duplicate of the original) concluded with the domestic processing
and manufacturing enterprise if the chemical products liable to producing narcotic drugs are imported under terms of processing trade;

(5)

the import permit (duplicate of the original) or lawful certificate for use issued by the competent governmental department of the
final user’s country (region) if an enterprise exports chemical products subject to check; if the said products need to be re-exported
from a third country (region), the valid re-export certificate (duplicate of the original) issued by the competent governmental department
of a third country (region) shall be provided in addition;

(6)

if an enterprise imports chemical products subject to check, the guaranty letter (original) issued by the enterprise, its administrative
department at the upper level or its parent enterprise subject to the management of the Central Government, and the guaranty letter
(original) issued by the final user that imports chemical products subject to check.

Article 6

The MOFTEC shall, within 5 working days after the receipt of the application for import (export) that is primarily examined to be
qualified, review the application, and shall transfer the materials reviewed to be qualified to the Ministry of Public Security for
international check.

Article 7

The Ministry of Public Security shall, within 5 working days after the receipt of the materials submitted by the MOFTEC for check,
deliver the materials to be checked to the competent governmental department of the importing (exporting) country (region), and requesting
it to check the materials within 10 working days.

Article 8

For the products confirmed legal by the competent governmental department of the importing (exporting) country (region), the Ministry
of Public Security shall, within 5 working days as of the receipt of the reply on check, notify the MOFTEC in written form to handle
the formalities of reply to the application for import (export); if the competent governmental department of the importing (exporting)
country (region) fails to give a reply after the expiry, the Ministry of Public Security may notify the MOFTEC on whether to handle
the formalities of reply to the application for import (export) according to the specific commodities, destination country or country
of origin, etc..

For checking the chemical products enumerated in Attachment 1, the formalities of reply to the application for import (export) may
not be handled until confirmation by the competent governmental department of the importing country (region), proving that the products
are legal, is received.

Article 9

The MOFTEC shall, within 5 working days as of the receipt of the written approval from the Ministry of Public Security, handle the
formalities of reply to the application for import (export), and issue the “List of Official Reply to the Ministry of Foreign Trade
and Economic Cooperation on Import (Export) of Chemical Products Liable to Producing Narcotic Drugs” (hereinafter referred to as
the “List of Official Reply”), which shall be valid within 30 days as of the date when the official reply is given and shall be automatically
invalidated after the expiry. The import and export enterprise shall apply to the certificate issuing organ authorized by the MOFTEC
for the import (export) permit with the “List of Official Reply”.

Article 10

For an application which is ascertained by the competent governmental department of the importing (exporting) country (region) to
be questionable, the Ministry of Public Security shall notify the MOFTEC in written form. The MOFTEC shall, within 5 working days
as of the receipt of the notice, inform the applying enterprise or the local department in charge of foreign trade and economic cooperation
of the decision on not approving the application.

Article 11

Chemical products subject to check enumerated in Attachment 1 shall, in principle, not be exported to a non-contracting country of
the Covenant.

Article 12

Enterprises engaging in the import and export of chemical products subject to check shall submit applications truthfully, and shall
not forge or alter documents to make false applications.

Article 13

Enterprises engaging in the import and export of chemical products subject to check shall have the obligation to assist the public
security organ and the department in charge of foreign trade and economic cooperation in investigating and getting the information
and providing clues, instead of producing or providing false testimonies.

Article 14

Enterprises engaging in the import and export of chemical products subject to check shall strengthen its supervision, management and
trainings on the employees concerned.

Article 15

The Ministry of Public Security and the MOFTEC shall be responsible for supervising and inspecting the import and export of chemical
products subject to check, and shall, regularly or non-regularly, announce the information on the relevant enterprises concerning
their violation of laws or rules.

Article 16

Any import and export enterprise that violates Articles 12 and 13 of these Provisions shall, on the basis of the seriousness of the
case, be imposed upon the penalties of warning, suspension or revocation of operational qualification for import and export by the
MOFTEC in accordance with the law; whoever is suspected to have committed a crime shall be investigated by the judicial organ.

Article 17

The Ministry of Public Security and the MOFTEC shall be responsible for the interpretation.

Article 18

These Provisions shall come into force on June 1, 2002.



 
The Ministry of Foreign Trade and Economic Cooperation
2002-03-29

 






1...9101112Page 10 of 12

CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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