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REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON EXPORT CONTROL OF DUAL-USE BIOLOGICAL AGENTS AND RELATED EQUIPMENT AND TECHNOLOGIES

The State Council

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

No.365

Regulations of the People’s Republic of China on Export Control of Dual-Use Biological Agents and Related Equipment and Technologies
are hereby promulgated and shall be come into force as of the day of Dec 1, 2002.

Premier of the State Council, Zhu Rongji

October 14, 2002

Regulations of the People’s Republic of China on Export Control of Dual-Use Biological Agents and Related Equipment and Technologies

Article 1

These Regulations are formulated for the purposes of strengthening export control of dual-use biological agents and related equipment
and technologies, and safeguarding the State security and social and public interests.

Article 2

The export of dual-use biological agents and related equipment and technologies referred to in these Regulations means the export
for trade of dual-use biological agents and related equipment and technologies listed in the “Dual-Use Biological Agents and Related
Equipment and Technologies Export Control List”(hereinafter referred to as the Control List) attached to these Regulations, and the
exchange with, interchange with, gift to, exhibition in, assistance to, provision of service for as such and other forms of technological
transfer thereof to foreign countries and regions.

Article 3

The export of dual-use biological agents and related equipment and technologies shall be in accordance with relevant laws, administrative
regulations of the State and these Regulations, and shall not imperil the State security and social and public interests.

Article 4

The State shall exercise strict control on the export of dual-use biological agents and related equipment and technologies so as to
prevent dual-use biological agents and related equipment and technologies from being used for the purpose of biological weapons.

Article 5

The State shall practice a licensing system for the export of dual-use biological agents and related equipment and technologies in
the Control List. Without being licensed, no unit or individual shall export such dual-use biological agents and related equipment
and technologies.

Article 6

Exporters of dual-use biological agents and related equipment and technologies shall register themselves with the competent department
in charge of foreign economic relations and trade of the State Council (hereinafter referred to as the competent foreign economic
and trade department of the State Council). Without such registration, no unit or individual shall export dual-use biological agents
and related equipment and technologies. The specific measures for such registration shall be formulated by the competent foreign
economic and trade department of the State Council.

Article 7

The receiving party of dual-use biological agents and related equipment and technologies shall guarantee:

(1)

Not to use the imported dual-use biological agents and related equipment and technologies for the purpose of biological weapons;

(2)

Not to use dual-use biological agents and related equipment and technologies supplied by China for the purposes other than the declared
end-use without the consent of the Chinese Government; and

(3)

Not to transfer dual-use biological agents and related equipment and technologies to any third party other than the declared end-user
without the consent of the Chinese Government.

Article 8

Anyone who intends to export dual-use biological agents and related equipment and technologies listed in the Control List shall apply
to the competent foreign economic and trade department of the State Council, fill in the export application form for dual-use biological
agents and related equipment and technologies (hereinafter referred to as the export application form), and submit the following
documents:

(1)

Identifications of the applicant’s legal representative, chief manager(s) and the person(s) handling the deal;

(2)

Duplicates of the contract or agreement, or other certification documents;

(3)

Technical specifications of the dual-use biological agents and related equipment and technologies;

(4)

Certificate of end-user and end-use;

(5)

Documents of guarantee as defined in Article 7 of these Regulations; and

(6)

Other documents as may be required by the competent foreign economic and trade department of the State Council.

Article 9

An applicant shall truthfully fill in the export application form.

Export application forms shall be uniformly produced by the competent foreign economic and trade department of the State Council.

Article 10

The competent foreign economic and trade department of the State Council shall, from the date of receiving the export application
form and the documents set forth in Article 8 of these Regulations, examine the application, or examine the application jointly
with other relevant departments.

The competent foreign economic and trade department of the State Council shall, within 15 working days, make a decision of approval
or denial of the application for the export of dual-use biological agents and related equipment and technologies listed in Part I
of the Control List; the competent foreign economic and trade department of the State Council shall, within 45 working days, make
a decision of approval or denial of the application for the export of dual-use biological agents and related equipment and technologies
listed in Part II of the Control List.

Article 11

Where the export of dual-use biological agents and related equipment and technologies entails significant impact on the State security
and social and public interests, the competent foreign economic and trade department of the State Council shall, jointly with relevant
departments, submit the case to the State Council for approval.

Where the export of dual-use biological agents and related equipment and technologies is submitted to the State Council for approval,
the timing restrictions set forth in Article 10 of these Regulations shall not be applied.

Article 12

Where an application for the export of dual-use biological agents and related equipment and technologies is examined and approved,
the competent foreign economic and trade department of the State Council shall issue a license for the export of dual-use biological
agents and related equipment and technologies (hereinafter referred to as an export license), and notify the Customs in writing.

Article 13

An export license holder who intends to change the dual-use biological agents and related equipment and technologies originally applied
for export shall return the original export license and file a new application to obtain an export license according to relevant
provisions of these Regulations.

Article 14

While exporting dual-use biological agents and related equipment and technologies, the exporter shall present the export license to
the Customs, complete the customs procedures and accept supervision and control of the Customs in accordance with the provisions
of the Customs Law.

Article 15

Where the receiving party contravenes the guarantees made according to the provisions of Article 7 of these Regulations, or there
is a risk of proliferation of dual-use biological agents and related equipment and technologies listed in the Control List that can
be used for the purpose of biological weapons, the competent foreign economic and trade department of the State Council shall suspend
or revoke the export license granted and notify the Customs in writing.

Article 16

Where any unit or individual knows or should know that the dual-use biological agents and related equipment and technologies to be
exported will be used by the receiving party directly for the purpose of biological weapons, it shall not export such dual-use biological
agents and related equipment and technologies, whether included in the Control List or not.

Article 17

Upon approval by the State Council, the competent foreign economic and trade department of the State Council may, jointly with relevant
departments of the State Council, temporarily decide to exercise export control on specific dual-use biological agents and related
equipment and technologies other than those listed in the Control List in accordance with the provisions of these Regulations.

Article 18

Those who export dual-use biological agents and related equipment and technologies without being licensed or export dual-use biological
agents and related equipment and technologies beyond the scope of the export license without authorization, shall be investigated
for criminal liability in accordance with the provisions of the criminal law on the crime of smuggling, the crime of illegal business
operations, the crime of divulging State secrets or other crimes; if such acts are not serious enough for criminal punishment, by
distinguishing different circumstances, they shall be punished in accordance with relevant provisions of the Customs Law, or be given
a warning, confiscated of their illegal income, and fined not less than 50,000 Yuan but not more than 250,000 Yuan by the competent
foreign economic and trade department of the State Council; the competent foreign economic and trade department of the State Council
may concurrently suspend or even revoke the licensing for their foreign trade operations.

Article 19

Those who forge, alter, buy or sell the license for the export of dual-use biological agents and related equipment and technologies
shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegal business
operations or the crime of forging, altering, buying or selling official documents, certificates or seals of a State organ; if such
acts are not serious enough for criminal punishment, they shall be punished in accordance with relevant provisions of the Customs
Law, and the competent foreign economic and trade department of the State Council may concurrently revoke the licensing for their
foreign trade operations.

Article 20

Where a license for the export of dual-use biological agents and related equipment and technologies is obtained by fraud or other
illegal means, the competent foreign economic and trade department of the State Council shall revoke such an export license, confiscate
the illegal income, impose a fine of not less than 20,000 Yuan but not more than 100,000 Yuan, and suspend or even revoke the licensing
for their foreign trade operations.

Article 21

Where, in violation of the provisions of Article 6 of these Regulations, the export of dual-use biological agents and related equipment
and technologies is operated without registration, the competent foreign economic and trade department of the State Council shall
ban such illegal activities according to law, and relevant competent departments of the State shall impose punishment thereon in
accordance with relevant laws and administrative regulations.

Article 22

Where the State functionaries in charge of control on the export of dual-use biological agents and related equipment and technologies
abuse their powers, neglect their duties or extort or accept money or properties from others by taking advantage of their positions,
they shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of abuse of
power, the crime of neglect of duties, the crime of accepting bribes and other crimes; if such acts are not serious enough for criminal
punishment, they shall be given administrative sanctions according to law.

Article 23

In light of actual situations, the competent foreign economic and trade department of the State Council may, jointly with relevant
departments, amend the Control List and submit it to the State Council for approval before implementation.

Article 24

In the case of the re-export of dual-use biological agents and related equipment and technologies after import, these Regulations
shall apply.

Article 25

These Regulations shall be effective as of December 1, 2002.

Attachment:Dual-Use Biological Agents and Related Equipment and Technologies Export Control List

1.

Introduction

(1)

This List comprises two parts.

(2)

Items controlled in the List are included mainly according to their dual-use specialty in biological area, especially their risk grade
for non-peaceful purpose. Thus, biological agents, found or never found, or eradiated in China area all listed in the List.

(3)

The pathogens controlled in the List include any isolated living creature of a pathogen agent, and any kind of biological materials
(e. g. cell, tissue, serum and animal), or non-biological materials contaminated with these pathogens. Whatever these pathogens are,
natural or genetically modified, is under export control, except those in the form of a vaccine.

(4)

Toxins controlled in the List do not include immunotoxins, and human medical products approved by the competent department of the
State.

(5)

Genetic elements controlled in the List include chromosomes, genomes, plasmids, transposons, and vectors whether genetically modified
or unmodified.

(6)

Related technologies controlled in the List include technical data and technical assistance and so on, except knowledge in the public
domain, or basic scientific research whether controlled in the List, or knowledge required for general patent. The forms of technical
data include blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions
written or recorded on other media or devices such as disks, tapes, read-only memories. The forms of technical assistance include
offering instruction, skills, training, working knowledge, consulting services, as well as transfer of technical data.

(7)

Once the dual-use biological equipment controlled in the List is approved to export, the export of basic technologies related to the
equipment, such as installation, operation, maintenance, repair or overhaul to the same end-user is also authorized.

2.

Definitions

For the purposes of this List, the following definitions apply:

(1)

“Biological dual-use specialty” means the character of being used either for peaceful purposes, such as medicine, prevention, protection,
or for non-peaceful purposes, such as development and production of biological weapons. The pathogens, toxins and genetic elements
with such character are called dual-use biological agents; and the equipment with such character is called dual-use biological equipment.

(2)

“Pathogen” means the natural or genetically modified pathogenic microorganism which can cause death, disease or other harms to human
beings, animals or plants.

(3)

“Toxin” means the biological active material, originated from any microorganism, animal or plant, whatever their method of production,
whether natural or modified, which can cause death, disease or other harms to human beings, animals, and plants.

(4)

“Vaccine” means the medicinal product that has entered into clinical trial, production or marketing as approved by the competent department
of the State, which is intended to stimulate a protective immunological response in humans or animals in order to prevent disease
in those to whom or which it is administered.

(5)

“Technology” means specific information necessary for the development, production or use of a product.

(6)

“Biosafety Level 3 (BL3)” means the containment level and biosafety treatment capabilities that can meet the criteria of BL3 containment
as specified in the WHO Laboratory Biosafety Manual (2nd edition, Geneva, 1993) with respect to biological medicine and microbiology
facilities in the maintenance of negative air pressure to the environment, access control and the rendering safe of exhaust air and
of contaminated material and waste, including effluents by HEPA filtration, microorganism operating regulation and personnel precaution.

(7)

“Biosafety Level 4 (BL4)” means the containment level and biosafety treatment capabilities that can meet the criteria of BL4 containment
as specified in the WHO Laboratory Biosafety Manual(2nd edition, Geneva, 1993) with respect to biological medicine and microbiology
facilities in the maintenance of negative air pressure to the environment, access control and the rendering safe of exhaust air and
of contaminated material and waste, including effluents by HEPA filtration, microorganism operating regulation, personnel precaution
and so on. The feature is that, on the basis of BL3, the airlock or pass-through autoclave system, biosafety cabinet class III or
positive-pressure ventilated suits and a special controlled air system are used to reach a higher biosafety containment and capacity
than BL3.

(8)

“Basic scientific research” means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental
principles of phenomena or observable facts, not primarily directed towards a specific practical aim or objective.

(9)

“Knowledge in the public domain” means technology that has been made available without restrictions upon its further dissemination
(copyright restrictions do not remove technology from being in the public domain).

(10)

“Development” is related to all stages before production, such as:

(a)

Design;

(b)

Design research;

(c)

Design analysis;

(d)

Design concepts;

(e)

Assembly of prototypes;

(f)

Pilot production schemes;

(g)

Design data;

(h)

Process or transforming design data into a product;

(i)

Configuration design;

(j)

Integration design and layouts.

(11)

“Production” means all production phases, such as:

(a)

Construction;

(b)

Production engineering;

(c)

Manufacture;

(d)

Integration;

(e)

Assembly (mounting);

(f)

Inspection;

(g)

Testing;

(h)

Quality assurance.

(12)

“Use” means operation, installation (including onsite installation), maintenance (checking), repair, overhaul, etc.

Part I

1.

Human or Zoonotic Pathogens

(1)

Bacteria

(a)

Clostridium perfringens;

(b)

Clostridium tetani;

(c)

Enterohaemorrhagic Escherichia coli, serotype O157 and other verotoxin producing serotypes;

(d)

Legionella pneumophila;

(e)

Yersinia pseudotuberculosis.

(2)

Viruses

(a)

Kyasanur Forest virus;

(b)

Louping ill virus;

(c)

Murray Valley encephalitis virus;

(d)

Omsk haemorrhagic fever virus;

(e)

Oropouche virus;

(f)

Powassan virus;

(g)

Rocio virus;

(h)

St Louis encephalitis virus.

2.

Plant Pathogens

(1)

Bacteria

(a)

Xanthomonas campestris pv. oryzae;

(b)

Xylella fastidiosa.

(2)

Viruses

Banana bunchy top virus

(3)

Fungi

(a)

Deuterophoma tracheiphila (syn. Phoma tracheiphila);

(b)

Monilia rorei (syn. Moniliophthora rorei).

3.

Genetic Elements and Genetically Modified Organisms

(1)

Genetic elements that contain nucleic acid sequences associated with the pathogenicity of any of the microorganisms in Part I of the
List.

(2)

Genetically-modified organisms that contain nucleic acid sequences associated with the pathogenicity of any of the microorganisms
in Part I of the List.

4.

Dual-Use Biological Equipment

(1)

Equipment for the micro-encapsulation of live microorganisms and toxins in the range of 1-10 micron particle size, specifically:

(a)

interfacial polycondensors;

(b)

phase separators.

(2)

Fermenters of less than 100 litres capacity with special emphasis on aggregate orders or designs for use in combined systems.

(3)

Conventional or turbulent air-flow clean-air rooms and self-contained fan-HEPA filter units that may be used for BL3 or BL4 containment
facilities.

5.

Related Technology

The technology for development or production of biological agents or dual-use biological equipment in Part I of the List.

Part II

1.

Human or Zoonotic Pathogens

(1)

Bacteria

(a)

Bacillus anthracis;

(b)

Brucella abortus;

(c)

Brucella melitensis;

(d)

Brucella suis;

(e)

Chlamydia psittaci;

(f)

Clostridium botulinum;

(g)

Francisella tularensis;

(h)

Burkholderia mallei (Pseudomonas mallei);

(i)

Burkholderia pseudomallei (Pseudomonas pseudomallei);

(j)

Salmonella typhi;

(k)

Shigella dysenteriae;

(l)

Vibrio cholerae;

(m)

Yersinia pestis.

(2)

Viruses

(a)

Chikungunya virus;

(b)

Congo-Crimean haemorrhagic fever virus;

(c)

Dengue fever virus;

(d)

Eastern equine encephalitis virus;

(e)

Ebola virus;

(f)

Hantaan virus;

(g)

Junin virus;

(h)

Lassa fever virus;

(i)

Lymphocytic choriomeningitis virus;

(j)

Machupo virus;

(k)

Marburg virus;

(l)

Monkey poxvirus;

(m)

Rift Valley fever virus;

(n)

Tick-borne encephalitis virus (Russian Spring-Summer encephalitis virus);

(o)

Variola virus;

(p)

Venezuelan equine encephalitis virus;

(q)

Western equine encephalitis virus;

(r)

White pox;

(s)

Yellow fever virus;

(t)

Japanese encephalitis virus.

(3)

Rickettsiae

(a)

Coxiella burnetii;

(b)

Bartonella quintana (Rochalimea quintana, Rickettsia quintana);

(c)

Rickettsia prowazeki;

(d)

Rickettsia rickettsii.

2.

Toxins as Follows and Subunits

(1)

Botulinum toxins

(2)

Clostridium perfringens toxins

(3)

Conotoxin

(4)

Shiga toxin

(5)

Staphylococcus aureus toxins

(6)

Tetrodotoxin

(7)

Verotoxin

(8)

Microcystin (syn. Cyanginosin)

(9)

Aflatoxins

(10)

Abrin

(11)

Cholera toxin

(12)

Diacetoxyscirpenol toxin

(13)

T-2 toxin

(14)

HT-2 toxin

(15)

Modeccin toxin

(16)

Volkensin toxin

(17)

Viscum Album Lectin 1 (syn. Viscumin)

3.

Animal Pathogens

(1)

Bacteria

Mycoplasma mycoides

(2)

Viruses

(a)

African swine fever virus;

(b)

Avian influenza virus;

(c)

Bluetongue virus;

(d)

Foot and mouth disease virus;

(e)

Goat poxvirus;

(f)

Herpes virus (Aujeszky’s disease);

(g)

Hog cholera virus (syn. swine fever virus);

(h)

Lyssa virus;

(i)

Newcastle disease virus;

(j)

Peste des petits ruminants￿￿ virus;

(k)

Porcine enterovirus type 9 (syn. swine vesicular disease virus);

(l)

Rinderpest virus;

(m)

Sheep poxvirus;

(n)

Teschen disease virus;

(o)

Vesicular stomatitis virus.

4.

Plant Pathogens

(1)

Bacteria

(a)

Xanthomonas albilineans;

(b)

Xanthomonas campestris pv. citri.

(2)

Fungi

(a)

Colletotrichum coffeanum var. Virulans (Colletotrichum kahawae);

(b)

Cochliobolus miyabeanus (Helminthosporium oryzae);

(c)

Microcyclus ulei (syn. Dothidella ulei);

(d)

Puccinia graminis (syn. Puccinia graminis f. sp. tritici);

(e)

Puccinia striiformis (syn. Puccinia glumarum);

(f)

Pyricularia grisea/Pyricularia oryzae.

5.

Genetic Elements and Genetically modified Organisms

(1)

Genetic elements that contain nucleic acid sequences associated with the pathogenicity of any of the microorganisms in Part II of
the List.

(2)

Genetic elements that contain nucleic acid sequences coding for any of the toxins in Part II of the List, or for their sub-units.

(3)

Genetically-modified organisms that contain nucleic acid sequences associated with the pathogenicity of any of the microorganisms
in Part II of the List.

(4)

Genetically-modified organisms that contain nucleic acid sequences coding for any of the toxins in the list or for their sub-units.

6.

Dual-Use Biological Equipment

(1)

Complete containment facilities at BL3 or BL4 containment level

Complete containment facilities that meet the criteria for BL3 or BL4 containment as specified in the WHO Laboratory Biosafety Manual
(2nd edition, Geneva, 1993) should be subject to export control.

(2)

Fermenters

Fermenters capable of cultivation of pathogenic microor-ganisms, viruses or for toxin production, without the propagation of aerosols,
having a capacity of 20 litres or greater. Fermenters include bioreactors, chemostats and continuous-flow systems.

(3)

Centrifugal Separators (including decanters)

Centrifugal separators capable of continuous separation of pathogenic microorganisms, without the propagation of aerosols, and having
all the following characteristics:

(a)

One or more sealing joints within the steam containment area;

(b)

A flow rate greater than 100 litres per hour;

(c)

Components of polished stainless steel or titanium;

(d)

Capable of in-situ steam sterilisation in a closed state.

(4)

Cross (tangential) Flow Filtration Equipment

Cross (tangential) flow filtration equipment capable of continuous separation of pathogenic microorganisms, viruses, toxins and cell
cultures, having all the following characteristics:

(a)

Equal to or greater than 5 square metres;

(b)

Capable of in-situ sterilization.

(5)

Freeze-drying Equipment

Steam sterilisable freeze-drying equipment with a condenser capacity of 10 kgs of ice or greater in 24 hours less than 1,000 kgs of
ice in 24 hours.

(6)

Protective and Containment Equipment

(a)

Protective full or half suits or hoods dependent upon a tethered external air supply and operating under positive pressure;

Note: This does not control suits designed to be worn with self-contained breathing apparatus.

(b)

Class 3 biological safety cabinets or isolators with similar performance standards (e. g. flexible isolators, dry boxes, anaerobic
chambers, glove boxes, or laminar flow hoods (closed with vertical flow)).

(7)

Aerosol Inhalation Chambers

Chambers designed for aerosol challenge testing with pathogenic microorganisms, viruses or toxins and having a capacity of 1 cubic
metre or greater.

7.

Related Technology

The technology for development or production of biological agents or dual-use biological equipment in Part II of the List.



 
The State Council
2002-10-14

 






PROVISIONS ON SAFEGUARDS INVESTIGATION AND AWARD OF INDUSTRY INJURY

20031117

The State Economic and Trade Commission

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

No.47

The Provisions on Safeguards Investigation and Award of Industry Injury, which have been adopted at the director’s executive meeting
of the State Economic and Trade Commission, are hereby promulgated and shall come into force on January 15, 2003.

Director of the State Economic and Trade Commission Li Rongrong

December 13, 2002

Provisions on Safeguards Investigation and Award of Industry Injury

Chapter I General Provisions

Article 1

In order to regulate and guarantee the safeguards investigation and award of industry injury, these Provisions have been enacted in
accordance with the Safeguards Regulations of the People’s Republic of China (hereinafter referred to as Safeguards Regulations).

Article 2

The applications for safeguards investigation filed pursuant to the Safeguards Regulations, as well as the activities relating to
safeguards investigation and award of industry injury, shall be governed by these Provisions.

Article 3

The State Economic and Trade Commission (hereinafter referred to as SETC) shall be in charge of the investigation and award of safeguards
industry injury. Safeguards investigation of industry injury involving agriculture products shall be carried out by SETC in conjunction
with the Ministry of Agriculture.

Article 4

The Bureau of Industry Injury Investigation under SETC is responsible for the concrete implementation of these Provisions.

Chapter II Determination of Injury and Causation

Article 5

Injury refers to the serious injury or threat caused by the increase of import products to the domestic industries that produce the
same kind of products or the direct competitive products.

Serious injury refers to the all-around and major derogation suffered by the domestic industries.

Serious threat refers to the obvious impendent serious injury, which will occur if no measures are taken.

Article 6

The following factors shall be taken into consideration in the determination of serious injury or threat caused to the domestic industries
by increase of import products:

1)

Increase of import products, including the absolute and relative increase rate and the amount of import products;

2)

Share of domestic market occupied by the increased import products;

3)

Impact of the import products on the domestic industries, in terms of output, sale level, market share, productivity, equipment utilization
rate, profit and loss, and employment etc;

4)

Other facts that cause injury to the domestic industries.

Determination of serious threat shall be based on the examination of, according to the facts, the production capacity, reserve, export
capacity and possibility of continual increase of export to China etc of the export country, and shall not be based on charges, supposition
or minimal possibility.

Article 7

When determining the impact of import increase on domestic industries, SETC shall objectively and comprehensively evaluate the various
quantitative indexes that affect the domestic industries according to the conclusive evidence, and shall not make the award only
on the basis of very few indexes.

Article 8

When determining the causation between the increase of import products and the injury, SETC shall not only take into consideration
the impact of the increase of import products on domestic industries, but also other factors causing the injury. Such other factors
shall include:

1)

Other factors affecting the price of the same kind of products in the domestic market;

2)

Change of need for the products;

3)

Change of consumption pattern;

4)

Restriction on trade implemented by the domestic and foreign manufacturers and the change of the competitive conditions between the
domestic and foreign manufacturers;

5)

Progress of technology;

6)

Export of the same kind of domestic products;

7)

Other factors.

If any factors other than the import increase cause injury to the domestic industries, such injury shall not be attributed to the
import increase.

Article 9

The same kind of products refer to the products identical with the import products under investigation; where there are no identical
products, the products that have the most similar characteristics as those of the import products under investigation shall be the
same kind of products.

Direct competitive products refer to the products that, though not of the same kind of products as the import product under investigation,
have the similar usage as that of the import products under investigation and may easily replace the import products, and they also
have direct competitive relationship.

Article 10

When determining the same kind of products and direct competitive products, the following factors may be taken into consideration:
physical characteristics, chemical nature, production equipment and technics, usage, replaceable nature, comment of the consumers
and manufacturer, sale channels and price of the products etc.

Article 11

SETC may exclude the products under investigation or part of those products that haven’t caused the industrial injury to the domestic
industries in the award of industry injury. No safeguards will be applied to the excluded products.

Article 12

In the investigation and award of industry injury, SETC shall take the public interest into consideration, and may make the investigation
on the possible impact of safeguards on the public interest.

SETC shall provide chances for the users and consumers of the import products to state their opinions and to submit evidence

Article 13

As a general principle, the period of industry injury investigation of a safeguards case is 3 years before the case is put on file.

Chapter III Industry Injury Investigation

Article 14

The applicant shall, within 3 days from the proclamation of the filing of the case of safeguards investigation, submit the application
form for safeguards investigation and the relevant evidence to SETC.

Evidence and materials submitted by the applicant shall include the following matters:

1)

Increase of import (including the absolute and relative increase) in the last 3 to 5 years and the relevant evidence;

2)

Share of the import products increased in the last 3 to 5 years in the domestic market;5) Impact of the import products increased
in the last 3 to 5 years on the domestic industries, and the relevant evidence, in terms of output, sale level, market share, productivity,
equipment utilization rate, profit and loss, and employment etc;

3)

Causation between the increase of import products and the injury to the domestic industries, and the relevant evidence;

4)

Other factors affecting the domestic industries and the relevant evidence.

Article 15

The applicant shall also submit to SETC an industry adjustment plan together with the application, the plan shall include the following
matters:

1)

Description of the present status of the domestic industries;

2)

Description of the injury suffered by the domestic industries due to the import increase;

3)

Specific suggestions on safeguards;

4)

Target of the adjustment of domestic industries;

5)

Forms and methods for adjustment of domestic industries;

6)

Schedule for the adjustment of domestic industries;

7)

Other matters that the applicant deems as necessary to be explained.

Article 16

Where any interested party applies for participating in the safeguards investigation activities, it shall file the application with
SETC and make the relevant registration within 20 days from the day of proclamation of case-filing of the safeguards investigation.
And the party may at the same time give opinions on the industry injury and causation in the safeguards investigation, and provide
the corresponding evidence.

Article 17

Interested parties shall include:

1)

Foreign (region) manufactures, exporters and domestic importers of the product under investigation, or the industrial or other organization
of the manufacturers, exporters, and importers of that product;

2)

Governments and the government representatives of the country (region) of origin and the export country (region) of the product under
investigation;

3)

Manufactures and sellers of the same kind of domestic product, or the industrial or other organizations of the manufactures and sellers
of that product.

4)

Others.

Article 18

Where any interested parties participate in the investigation activities, they shall present the relevant identification certificates.
Where the interested party is an enterprise or other organization, it shall present the registration certificate, the business license,
and the identification certificate of the legal representative.

Where any agent participates in the investigation activities upon entrustment, the agent’s identification certificate and trust deed
shall be presented; where a party entrusts any lawyer to act as an agent, it shall entrust one who is a licensed lawyer from a Chinese
law firm, and shall present the trust deed, the business license of the law firm and the practice certificate of the lawyer.

Article 19

Objects of the safeguards investigation of industry injury by SETC include domestic manufacturers, domestic importers, domestic purchasers,
domestic final users, foreign exporters and foreign manufacturers etc.

Article 20

SETC may retain experts in the fields of industry, finance and accounting, trade and law etc to provide consultation if it deems necessary.
The relevant experts are obliged to keep the secret concerned.

Article 21

SETC employs such investigation methods as questionnaire, sample, hearing, technical appraisal and on-spot inspection in the industry
injury investigation.

Article 22

Questionnaires issued by SETC to the interested parties include: questionnaires for domestic manufacturers, questionnaires for domestic
importers, questionnaires for domestic users, questionnaires for foreign manufacturers, foreign exporters or other kinds of questionnaires.

Article 23

The interested parties shall return the answer sheets pursuant to the method and time provided for by the questionnaires. Where any
party needs an extension, it shall, within 7 days prior to the deadline for the answer, file a written application with SETC and
explain the reasons. Whether to grant the extension shall be decided by SETC.

Article 24

SETC may make an on-spot inspection over the interested parties. Before the on-spot inspection, the main purpose and contents of the
inspection shall be notified to the relevant interested parties in advance.

Article 25

At the request of an interested party or according to the need of investigation, SETC may, with the consent of the relevant country
(region), send personnel to that country (region) to investigate, with respect to the relevant product, the production capacity,
investment and expansion, storage, origin or transit, as well as the association relationship among the enterprises.

Article 26

SETC may organize relevant agencies and personnel to demonstrate the adjustment plan of domestic industries, including the aim, measures
and feasibility etc provided for by the adjustment plan.

Article 27

SETC may ask the interested parties to submit or supplement written materials pursuant to the provisions, or the interested parties
may voluntarily submit the written materials to SETC.

Article 28

Industry injury hearings may be held at the request of the interested parties or where SETC deems necessary. Industry injury investigation
hearings shall be held in accordance with the Rules for Industry Investigation Hearings.

Article 29

Where any interested party deems necessary to keep confidential the materials and the relevant evidence provided, it shall, when submitting
those materials to SETC, submit a non-confidential outline thereof together, or submit the confidential version and open version
of those materials separately.

The non-confidential outline and open version shall reasonably present the substantial contents of the confidential information. If
this requirement is not met, SETC may request the party to supplement the relevant contents and evidence materials.

Article 30

Where an interested party fails to provide the non-confidential outline or open version of the materials and relevant evidence, or
the reasons for failure to do so are insufficient, SETC may give no consideration to those materials. If SETC deems unnecessary to
keep confidential the materials provided, it may request the interested party to cancel the application for keeping confidential.

Article 31

In the course of industry injury investigation and award, an interested party shall tell the truth and provide the relevant materials.
If the interested party fails to do so or fails to provide the necessary information within a reasonable time, or seriously interferes
with the investigation by other means, SETC may make the award on the basis of the facts already obtained and the superior information
available.

Article 32

After a safeguards investigation is put on file and before the final award is proclaimed, any interested party may consult the open
information relating to the investigation of this case with SETC. Within a reasonable time after the final award is proclaimed, the
relevant interested party may also consult the relevant open information.

Article 33

To consult the open information, an interested party shall present the relevant certifications and go through the formalities for
consulting pursuant to the provisions.

Article 34

An interested party may extract and duplicate the open information, but may not take the original of the open information outside
of SETC.

Chapter IV Industry Injury Award

Article 35

SETC may give policy suggestions for the adjustment of domestic industries according to the industry adjustment plans filed by the
domestic industries and the relevant information obtained through the investigation.

SETC shall evaluate the effect of the safeguards to be taken on promoting the adjustment of domestic industries and the time it will
take.

Article 36

SETC shall, according to the initial investigation results, make a preliminary award on the injury and whether there is causation
between the injury and the increased import products.

Article 37

Where the preliminary award determines that the increased import products has caused injury to the domestic industries and there is
causation between the increased amount and the injury, SETC shall continue to make an investigation on the injury and the degree
thereof. SETC shall, according to the investigation results, make the final award on injury and whether there is causation between
the injury and the increased import products.

Article 38

Where a safeguard measure has been implemented for more than 1 year, SETC may suggest to gradually ease that measure according to
the need and development of domestic industries.

Article 39

Where a safeguard measure has been implemented for more than 3 years, SETC shall make a midterm review of the impact of that safeguard
on domestic industries and the adjustment of domestic industries. For a midterm review case, SETC shall make a review award.

Article 40

As to the procedures for midterm review, the relevant provisions on safeguards investigation shall be referred to.

Article 41

Within 60 days prior to the expiration of a safeguard measure as stipulated in the final award, SETC may give opinions on whether
to cancel or extend that measure according to the situation of domestic industries.

Chapter V Supplementary Provisions

Article 42

When submitting any documents and evidence materials to SETC, an interested party shall submit the Chinese version in quintuplicate,
and shall submit the corresponding electronic version in triplicate (computer disks or CD-ROM).

Article 43

In the industry injury investigation and award of SETC, the normative Chinese provided for by the language authority of the state
shall be used as the formal language and characters. Any documents, materials and information provided by the interested parties
shall be normative Chinese. Non-Chinese materials shall be accompanied by Chinese translations and the original text, and the Chinese
translation shall be superior to the others. Non-Chinese materials without Chinese translation accompanies shall not be regarded
as valid and legal evidence materials.

Article 44

The power to interpret these Provisions shall remain with SETC.

Article 45

These Provisions shall enter into force on January 15, 2003.



 
The State Economic and Trade Commission
2002-12-13

 






MEASURES FOR EVALUATION OF THE CHARGES FOR USING IMPORTS COMMODITY CONCESSION OF THE CUSTOM OF THE PEOPLE’S REPUBLIC OF CHINA

e02391,e02387,e02907,e014372003053020030701The General Administration of CustomsDecree of the General Administration of Customs of the People’s Republic of ChinaNo.102Measure for Evaluation of the Charges for Using Imports Commodity Concession of the Custom of the People’s Republic of China was approved
by Administration Affairs Committee on May 29, 2003, and promulgated hereby and shall enter into force as of July 1, 2003.The Interim
Measure of the Custom of the People’s Republic of China of Exemption of Imports Commodities Software (ShuShui [1993] No.15) promulgated
on January 8, 1993 shall be repealed simultaneously.Minister of the General Administration of Customs Mou XinshengMay 30, 2003epdf/e03146.pdfP2, Oimport commodity, concession, charge for using, evaluation, importe03146Measures for Evaluation of the Charges for Using Imports Commodity Concession of the Custom of the People’s Republic of ChinaArticle 1 These Measures are formulated in accordance with the Custom Law of the People’s Republic of China and Regulations of the People’s
Republic of China on Import and Export Duties for the purpose of standardizing custom evaluation of the charges for using imports
commodity concession.Article 2 Charges for using imports commodity concession as mentioned in these measure shall cover charges for using patent right, trademark,
expertise, copyright and so on, namely:(I)Charges for using patent right￿￿(II)Charges for using trademark￿￿(III)Charges for using copyright￿￿(IV)Charges for using expertise￿￿(V)Charges for distribution and resale￿￿(VI)Charges of the same kindArticle 3 Charges for using imports commodity concession shall be included in the duty-paying price when meet the following conditions:(I)Related to the imports commodities￿￿(II)Seller views the payment as one precondition for certain goods to be sold within the territory of the People’s Republic of China.Article 4 Charges for using concession shall be viewed as related to the import commodities under any circumstances in accordance with Article
5 to 8.Article 5 Charges for using concessions are payment for using patent right or expertise, and the import commodities shall be in accordance with
any of the following situations:(I)goods contain patent and expertise;(II)goods which need patent and expertise to produce;(III)Machines or facilities specially designed for implementing the patent and expertise.Patent, expertise imported in the forms of tape, disk, compact disc or medium of the same kind, transmitted or downloaded from internet,
satellite will be viewed as related to the import commodities.Article 6 Charges for using concessions are payment for using trademark, and the import commodities shall be in accordance with any of the following
situation:(I)import commodities with trademark;(II)import commodities which can be resold after attached with trademark;(III)acquiring trademark when imported, can be resold after slightly processing and after attached with trademark.Article 7 Charges for using concessions are payment for using copyright, and the import commodities shall be in accordance with any of the following
situations(I)import commodities with software, character, music, picture, image or things of the same kind in the forms as tapes, discs, compact
disc and medium of the same kind;(II)import commodities with other forms of copyright.Article 8 Charges for using concessions are payment for the seller to acquire the right of resale, distribution and right of the same kind within
the territory of the People’s Republic of China, and the import commodities shall be in accordance with any of the following situations:(I)commodities which can be resold directly after entering;(II)commodities which can be resole after slightly processing.Article 9 The payment of the charges for using concessions constitutes the preconditions for the sellers to sell certain commodities within
the territory of People’s Republic of China. To be in accordance with the second item of Article 3 , the transaction of the commodities
proceeds after the payment of the charges.Article 10 Charges for using concessions included in the duty-paying price shall be levied according to the duty rate of the import commodities.Article 11 Consignee shall make a truthful declaration with regard to means of paying the charges for using the concession when declaring the
import commodities to the customs. The consignee shall also provide objective and quantifiable data.Charges for using the concession shall be added to the duty-paying price when comply with Article 3 . The customs shall examine and
approve the charges based on quantifiable and objective data. The duty-paying price shall be fixed by the customs; Where the consignee
can not provide relevant data or can not provide objective and quantifiable data, the duty-paying value of an import item shall be
fixed by the Customs according to the Provisions of the Customs of the People’s Republic of China For Assessment of Duty-paying Price
on Import and Export Goods.Charges for using the concession shall not be added to the duty-paying price when consignee proves it does not comply with article
3 , and after the confirmation of the customs. Any charges which have been added to the duty-paying price shall be deducted. The
charges which has not been separately stated and the Customs cannot judge from the data provided by the consignee shall not be deducted
therefore.Article 12 Where only part of the charges for using the concession are in accordance with Article 3 , or where the charges for using the concession
in accordance with Article 3 only cover part of the commodities, the Customs shall assess the duty-paying price based on subjective,
quantifiable standard and common-accepted accounting principals by adding relevant charges to the duty-paying price.Article 13 The charges which has been separately stated in any of the following circumstances will not be added into the duty-paying price after
the examination of the Customs.:(I)charges for replicating the import commodity;(II)charges for skills training and oversea field trip;The charges shall be deducted from the duty-paying price where the charges have been included in the price; Where the above-mentioned
charges has not been separately stated and the Customs cannot judge from the data provided by the consignee, the charges shall not
be deducted thereforeArticle 14 Any duty evasion by rendering false contracts, invoices and other documents, by making fraudulent declaration of the charges of using
the concessions, shall be investigated and punished in accordance with the Customs Law of the People’s Republic of China and the
Rules of Administrative Penalties for the Implementation of the Customs Law of the People’s Republic of China.Article 15 Definitions of the following terms under the Regulations for Evaluation of the Charges for Using Imports Commodity Concession of the
Custom of the People’s Republic of China:“Payment” herein refers payment of charges for using concession by any means, it has two meanings, one is charges having paid, another
is charges to be paid.“Software” herein refers the programs and documents for data processing under the Regulations for the Protection of Computer Software.“Expertise” herein refers the knowledge, experience, technique and know-how for process design, prescription, product design, quality
control, examine, marketing management in the forms of blueprint, model, technical data and so on.“Charges for skills training” herein refers the teaching, accommodation, transportation and medical insurance fees for the technical
personnel sent out by the seller or the third party related to the seller for giving technical instructions with regard to the import
commodities.“Slightly processing” herein refers such activities as dilute, mix, sort, simply assembly, repackage or any other activities of the
same kink.Article 16 The General Administration of Customs of the People’s Republic of China shall be responsible for the interpretation of the provisions.Article 17 These Measures shall enter into force as of July 1, 2003. The Interim Measures of the Custom of the People’s Republic of China of
Exemption of Imports Commodities Software promulgated on January 8, 1993 shall be repealed simultaneously.



 
The General Administration of Customs
2003-05-30

 






NOTARIZATION LAW

Notarization Law of the People’s Republic of China

Order of the President of the People’s Republic of China 

No. 39 

The Notarization Law of the People’s Republic of China, adopted at the 17th Meeting of the Standing Committee of the Tenth National
People’s Congress of the People’s Republic of China on August 28, 2005, is hereby promulgated and shall go into effect as of
March 1, 2006. 

Hu Jintao 

President of the People’s Republic of China 

August 28, 2005 

 

(Adopted at the 17th Meeting of the Standing Committee of the Tenth National People’s Congress on August 28, 2005) 

Contents 

Chapter I　General Provisions 

Chapter II　Notarial Institutions 

Chapter III　Notaries 

Chapter IV　Notarization Procedures 

Chapter V　The Effect of Notarization 

Chapter VI　Legal Liability 

Chapter VII　Supplementary Provisions 

Chapter I　General Provisions 

Article 1 This Law is enacted for the purpose of regulating notarial activities, ensuring that the notarial institutions and notaries
perform their duties in accordance with law, preventing disputes and protecting the legitimate rights and interests of the natural
persons, legal persons or other organizations. 

Article 2 Notarization means the act performed by a notarial institution, upon the application of a natural person, legal person
or other organization and following statutory procedures, to certify the authenticity and legality of a civil juristic act or a fact
or document of legal significance. 

Article 3 A notarial institution shall comply with law and shall adhere to the principles of objectiveness and impartiality when
doing notarization. 

Article 4 A China Notaries Association shall be set up for the country as a whole, and a local notaries association shall be set
up for each province, autonomous region, and municipality directly under the Central Government. The China Notaries Association and
the local notaries associations are public organizations with the status of legal person. The charter of the China Notaries Association
shall be formulated by the congress of its members and shall be submitted to the judicial administration department under the State
Council for the record. 

The notaries associations are self-disciplined organizations of the notarial sector. They shall carry out their activities in accordance
with their charter and shall supervise the practices of the notarial institutions and the notaries. 

Article 5 The judicial administration departments shall, in accordance with the provisions of this Law, exercise supervision over
and provide guidance to the notarial institutions, notaries and notaries associations. 

Chapter II　Notarial Institutions 

Article 6 A notarial institution is a lawfully established, non-profit certifying institution that independently performs the notarial
functions and bears civil liabilities in accordance with law. 

Article 7 A notarial institution may, in compliance with the principle of overall planning and rational distribution, be established
in a county, a city not divided into districts, a city divided into districts, a municipality directly under the Central Government
or a district directly under a city. One or more notarial institutions, may be established in a city divided into districts, or a
municipality directly under the Central Government. Notarial institutions are not to be established at different levels in correspondence
with the administrative hierarchy. 

Article 8 To establish a notarial institution, the following conditions shall be met: 

(1) having its own name; 

(2) having a fixed office; 

(3) having two or more notaries; and 

(4) having the funds necessary for carrying out notarial work. 

Article 9 To establish a notarial institution, an application shall be submitted by the local judicial administration department
to the judicial administration department of the people’s government of the province, autonomous region, or municipality directly
under the Central Government for approval, and, after approval is granted in compliance with the prescribed procedure, a practicing
certificate of notarial institution shall be issued. 

Article 10 The person in charge of a notarial institution shall be elected from among the notaries who have practiced in this field
for three or more years, and he shall be subject to examination and approval by the local judicial administration department and
be reported to the judicial administration department of the people’s government of the province, autonomous region, or municipality
directly under the Central Government for the record. 

Article 11 Depending on the request of a natural person, legal person or other organization, the notarial institution shall notarize
for the following matters: 

(1) a contract; 

(2) succession; 

(3) the power of attorney, statement, gift, and will; 

(4) division of property; 

(5) bid invitation, tendering, and auction; 

(6) marital status, kindred relationship, and adoption relationship; 

(7) birth, existence, death, identity, experiences, educational background, degree, job post_title, professional post_title, and having or
not having illegal or criminal record; 

(8) articles of association of a company; 

(9) preservation of evidence; 

(10) signature, seal and date as indicated in a document, and duplicate or photocopy of a document conforming with the original document;
and 

(11) other matters for which a natural person, legal person or other organization voluntarily requests for notarization. 

For a matter that needs to be notarized as prescribed by laws or administrative regulations, the natural person, legal person or
any other organization concerned shall request a notarial institution for notarization. 

Article 12 Depending on the request of a natural person, legal person or other organization, the notarial institution may do the
following: 

(1) registration of matters required of a notarial institution by laws or administrative regulations; 

(2) preservation of evidence; 

(3) preservation of will, heritage or other property, articles and documents related to the matters for notarization; 

(4) making, for another person, legal documents related to matters for notarization; and 

(5) providing legal consultancy services related to notarization. 

Article 13 A notarial institution shall not do any of the following: 

(1) issuing a notarial certificate for an untrue or illegal matter; 

(2) destroying or fraudulently altering a notarial document or file; 

(3) vying for notarial business by defaming another notarial institution or notary, or by paying kickbacks or commissions, or by
other illegitimate means; 

(4) divulging State secrets, commercial secrets or personal privacy it has access to in its practices; 

(5 ) charging notarization fees in violation of the prescribed rates; or 

(6) committing other acts as prohibited by laws, regulations, or the judicial administration department under the State Council. 

Article 14 A notarial institution shall institute systems for the management of business, financial affairs and assets, supervise
the professional practices of its notaries and institute a system of liability for fault. 

Article 15 Notarial institutions shall obtain liability insurance for notarial practices. 

Chapter III　Notaries 

Article 16 A notary is a notarial practitioner who meets the requirements as prescribed by this Law and is working in a notarial
institution. 

Article 17 The number of notaries shall be determined according to the need of the notarial business. The judicial administration
department of the people’s government of a province, autonomous region, or municipality directly under the Central Government shall,
in light of the number of the notarial institutions established and the need of the notarial business, decide on a plan for the manning
of notaries and shall submit it to the judicial administration department under the State Council for the record. 

Article 18 To serve as a notary, one shall meet the following requirements: 

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

(2) being between 25 and 65 years old; 

(3) being fair-mainded and upright, observing laws and rules of discipline, and being of good moral character; 

(4) having passed the national judicial examination; and 

(5) having served as an intern in a notarial institution for two or more years, or having three or more years of experiences in another
legal profession and having served as an intern in a notarial institution for one year or more, and being professionally qualified. 

Article 19 A person who has been engaged in teaching or research of law or has a senior professional post_title, or a person who has been
a university graduate or had a higher educational background and has served as a public servant or lawyer for 10 full years in adjudication,
procuratorial work, legislative work or legal service, if he has left his post and has been professionally qualified, may serve as
a notary.  

Article 20 A person shall not serve as a notary, if: 

(1) He has no or has limited capacity for civil conduct; 

(2) He has been subjected to criminal punishment due to an intentional crime or a crime committed because of negligence of duty; 

(3) He has been dismissed from public employment; or 

(4) His practicing certificate has been revoked. 

Article 21 To serve as a notary, a person who meets the requirements for a notary shall submit an application and be recommended
by a notarial institution. The local judicial administration department shall submit the matter to the judicial administration department
of the people’s government of a province, autonomous region, or municipality directly under the Central Government for examination
and approval, which, after granting approval, shall request the judicial administration department under the State Council for appointment,
before issuing to the person a notary’s practicing certificate. 

Article 22 A notary shall observe rules of discipline and law, strictly abide by professional ethics, perform his notarial duties
according to law, and keep confidential the secrets he has access to in his practices. 

A notary shall be enpost_titled to receive remuneration, enjoy insurance and welfare benefits. He shall have the right to offer resignation
from his job, to file a complaint or bring a charge. He shall be free from being dismissed from his post or punished, unless there
is a statutory reason or unless statutory procedures have been followed. 

Article 23 No notary may: 

(1) serve as a notary in two or more notarial institutions at the same time; 

(2) doing other paid job(s); 

(3) doing notarization for himself or his close relative, or where he or his close relative has an interest in; 

(4) issuing a notarial certificate without authorization; 

(5) issuing a notarial certificate for an untrue or unlawful matter; 

(6) taking illegal possession of or misappropriating notarization fees, or taking illegal possession of or stealing articles for
the exclusive use of notarization; 

(7) destroying or fraudulently altering a notarial document or file; 

(8) divulging State secrets, commercial secrets or personal privacy he has access to in his practices; or 

(9) committing other acts as prohibited by laws or regulations, or the regulations of the judicial administration department under
the State Council. 

Article 24 The local judicial administration department shall report him to the judicial administration department of the people’s
government of a province, autonomous region, or municipality directly under the Central Government, which shall request the judicial
administration department under the State Council to dismiss him from the job, if a notary: 

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

(2) has attained to the age of 65 or becomes unable to carry on his duties for health reasons; 

(3) has resigned from the job of a notary of his own free will; or 

(4) his notary’s practicing certificate has been revoked. 

Chapter IV　Notarization Procedures 

Article 25 Where a natural person, legal person or other organization requests for notarization, he/it may file an application to
the notarial institution of the place where his/its domicile or habitual residence is located, or where the relevant act is committed,
or where the relevant event occurs. 

Where a request for notarization involves real property, the applicant shall submit the request to the notarial institution of the
place where the real property is located. The provisions of the preceding paragraph shall be applicable to requests for notarization
of the power of attorney, statement, gift and will involved with the real property. 

Article 26 A natural person, legal person or other organization may entrust another person with the request for notarization, with
the exception of the notarization of a will, survival, and adoption relationship, which shall be requested by the said person or
organization himself or itself. 

Article 27 The party who requests notarization shall provide the notarial institution with truthful information about the matter
for which he requests notarization, and shall provide genuine, lawful and sufficient supporting materials. Where the supporting materials
are insufficient, the notarial institution may ask him to supplement the materials. 

After the notarial institution accepts a request for notarization, it shall inform the party concerned of the legal significance
and the possible legal consequences of the matter for which he requests notarization, and shall keep a record of what it has informed
of the party concerned and place it on file. 

Article 28 When doing notarization, a notarial institution shall, according to the different rules governing different matters for
notarization, examine the following items, respectively: 

(1) the identity of the party concerned, his qualifications for requesting the notarization and the necessary rights he enjoys; 

(2) whether the documents provided are complete in content, whether the meaning is clear and whether the signature and seal are complete; 

(3) whether the supporting materials are authentic, lawful and sufficient; and 

(4) whether the matters under request for notarization are genuine and lawful. 

Article 29 Where a notarial institution, in accordance with the rules governing notarization, deems it necessary to verify the matter
under request for notarization and the supporting materials provided by the party concerned, or where it has doubts about the matter
or materials, it should verify the matter or materials, or where it entrusts a notarial institution located in another place to do
the verifying on its behalf, the unit or individual concerned shall offer assistance according to law. 

Article 30 If the notarial institution, upon examination, considers that the supporting materials provided for request for notarization
are truthful, lawful and sufficient, and that the matter under request for notarization is genuine and lawful, it shall issue a notarial
certificate to the party concerned within 15 working days from the date it accepts the request for notarization. However, under conditions
of force majeure and when supporting materials need to be supplemented or some relevant information needs to be verified, the time
thus needed shall not be included in the aforesaid time limit. 

Article 31 A notarial institution shall not do the notarization, if: 

(1) The person who has no or has limited capacity for civil conduct does not have a guardian to request for notarization on his behalf; 

(2) The party concerned has no interest in the matter under request for notarization; 

(3) The matter under request for notarization is a matter involving professional technical authentication or assessment; 

(4) There are disputes between the parties concerned over the matter under request for notarization; 

(5) The party concerned makes up a story, conceals the facts or provides false supporting materials; 

(6) The supporting materials provided by the party concerned are insufficient or the party concerned refuses to supplement such materials; 

(7) The matter under request for notarization is not genuine or is unlawful; 

(8) The matter under request for notarization goes against public ethics; or 

(9) The party concerned refuses to pay the notarization fees according to relevant regulations. 

Article 32 A notarial certificate shall be made according to the format as prescribed by the judicial administration department under
the State Council and shall carry the signature, or plus the seal of the notary’s signature, as well as the seal of the notarial
institution. A notarial certificate becomes valid as of the date of its issuance. 

A notarial certificate shall be made in the written language commonly used nationwide. In a national autonomous area, it may be made
in the language commonly used by the local ethnic people. 

Article 33 Where a notarial certificate is to be used outside China and the country where the certificate is to be used requires
confirmation in advance, the certificate shall be subject to confirmation by the Ministry of Foreign Affairs of the People’s Republic
of China or the institution it authorizes to confirm the certificate and by the embassy (consular office) of the country concerned
in China. 

Article 34 The party concerned shall pay notarization fees in accordance with relevant regulations. 

If the party concerned satisfies the conditions for obtaining legal aid, the notarial office shall, according to relevant regulations,
reduce the notarial charges or exempt the party from such charges. 

Article 35 A notarial institution shall classify the natarial documents into different categories and keep them on file. At the expiration
of the period of time for preservation of notarial files of such important matters as ones which should be notarized according to
laws or administrative regulations, the notarial institution shall, in accordance with relevant regulations, transfer such notarial
files to local archives for preservation. 

Chapter V　The Effect of Notarization 

Article 36 A notarized civil legal act, fact and document of legal significance shall be taken as the basis for establishing a fact,
except where there is contrary evidence which is strong enough to reverse the notarization. 

Article 37 With regard to a notarized document of creditor’s right the content of which is on payment and which clearly states
the commitment of the debtor to accept compulsory execution, if the debtor fails to fulfill or to properly fulfill his commitment,
the creditor may, in accordance with law, submit an application for execution to the people’s court that has jurisdiction over
the matter. 

Where there’s definitely an error in the document of creditor’s right as mentioned in the preceding paragraph, the people’s
court shall decide not to execute it and shall serve its written decision upon both parties concerned and the notarial institution. 

Article 38 Where laws or administrative regulations provide that a certain matter has no legal effect unless it is notarized, such
provisions shall be applied. 

Article 39 Where the party concerned or the interested party of a notarized matter considers that there is an error in the notarial
certificate, he may request the notarial institution that produced the notarial certificate to make a review. If what is notarized
in the notarial certificate is illegal or does not conform to facts, the notarial institution shall revoke the notarial certificate
and announce it to the public, and the notarial certificate shall be invalidated from the very beginning. If there is any other error
in the notarial certificate, the notarial institution shall correct it. 

Article 40 Where a dispute arises between the party concerned and the interested party of the notarized matter over what is notarized
in the notarial certificate, they may lodge a civil lawsuit in respect of the dispute in a people’s court. 

Chapter VI　Legal Liability 

Article 41 Where a notarial institution or one of its notaries commits one of the following acts, the judicial administration department
of a province, autonomous region, or municipality directly under the Central Government, or of a city divided into districts, shall
give it/him a warning. If the circumstances are serious, it shall impose on the notarial institution a fine of not less than RMB10,
000 yuan but not more than 50, 000 yuan, and on the notary a fine of not less than 1, 000 yuan but not more than 5, 000 yuan, and
may, in addition, suspend its/his practices for not more than three months but not less than six months by way of punishment; the
unlawful gains, if any, shall shall be confiscated: 

(1) vying for notarial business by defaming other notarial institutions or notaries, or by paying kickbacks or commissions, or by
other illegitimate means; 

(2) charging notarization fees in violation of the prescribed rates; 

(3) serving as a notary in two or more notarial institutions at the same time; 

(4) doing other paid job(s); 

(5) doing notarization for himself or his close relative or where he himself or his close relative has an interest in; or 

(6) other acts that are to be subjected to punishment according to laws or administrative regulations. 

Article 42 Where a notarial institution or its notary commits one of the following acts, the judicial administration department of
the people’s government of the province, autonomous region, municipality directly under the Central Government, or of a city divided
into districts shall give the notarial institution a warning and shall impose on it a fine of not less than 20, 000 yuan but not
more than 100, 000 yuan and may, in addition and by way of punishment, make it suspend business for rectification for not less than
one month but not more than three months. It shall give the notary a warning and impose on him a fine of not less than 2, 000 yuan
but not more than 10, 000 yuan and may, in addition and by way of punishment, make him suspend his practices for not less than three
months but not more than twelve months. His unlawful gains, if any, shall be confiscated; if the circumstances are serious, the judicial
administration department of the people’s government of a province, autonomous region, or municipality directly under the Central
Government shall revoke his notary’s practicing certificate; and if a crime is constituted, he shall be investigated for criminal
responsibility: 

(1) issuing a notarial certificate without authorization; 

(2) issuing a notarial certificate for a matter that is not genuine or is unlawful; 

(3) taking illegal possession of or misappropriating notarization fees, or taking illegal possession of or stealing articles for
the exclusive use of notarization; 

(4) destroying or fraudulently altering a notarial document or notarial file; 

(5) divulging State secrets, commercial secrets or personal privacy it/he has access to in its/his practices; or 

(6) other acts that are to be subject to punishment according to laws or administrative regulations. 

Where a notary is subjected to criminal punishment due to a crime committed intentionally or because of negligence of duty, his notary’s
practicing certificate shall be revoked. 

Article 43 Where a notarial institution or notary causes losses to the party concerned or to an interested party of the matter for
natorization due to its/his fault, the said institution shall bear the corresponding liability for compensation. After making the
compensation, it may claim repayment from the notary who intentionally commits the fault or commits a serious fault. 

Where a dispute arises over the compensation between the party concerned or the interested party of the matter for notarization on
the one hand, and the notarial institution on the other, the former may initiate a civil lawsuit in a people’s court. 

Article 44 Where the party concerned or another individual or organization commits one of the following acts and thus causes losses
to another person, he/it shall bear civil liability in accordance with law; if the act infringes the administration for pubic security,
he/it shall be given an administrative penalty for public security; and if a crime is constituted, he/it shall be investigated for
criminal responsibility according to law: 

(1) obtaining a notarial certificate by providing false supporting materials; 

(2) using a false notarial certificate to engage in fraudulent activities; or 

(3) forging or altering notarial certificates or the seals of notarial institutions, or buying or selling such forged or altered
certificates or seals. 

Chapter VII　Supplementary Provisions 

Article 45 The embassies (consular offices) of the People’s Republic of China stationed abroad may provide notarization pursuant
to the provisions of this Law or the international treaties which the People’s Republic of China has concluded or has acceded to. 

Article 46 The rates for notarization fees shall be fixed by the finance department and the department in charge of pricing under
the State Council in conjunction with the judicial administration department under the State Council. 

Article 47 This Law shall go into effect as of March 1, 2006.

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






CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION FOR ISSUING THE INTERIM MEASURES FOR THE ADMINISTRATION OF PROCESSING TRADE IN EXPORT PROCESSING ZONES

20060101

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation for Issuing the Interim Measures for the Administration of Processing
Trade in Export Processing Zones

WaiJingMaoGuanFa [2001] No.141

March 21,2001

The committees (Offices, Bureaus) of Foreign Trade and Economic Cooperation of all Provinces, Autonomous Regions, Municipalities directly
under the Central Government and municipalities separately listed on the State plan, All Commissioner’s Offices and Bureaus of Quota
License Affairs:

For the purpose of making experiments with export processing zones, implementing the Reply of the General Office of the State Council
on Conducting Experiments with Export Processing Zones and the Reply of the State Council Concerning the Interim Measures of the
General Administration of Customs of the People’s Republic of China for the Control of Export Processing Zones (respectively GuoBanHan
[2000] No. 37 and GuoHan [2000] No.38), and with the consent of the General Administration of Customs, the Interim Measures for
the Administration of Processing Trade in Export Processing Zones is formulated and is hereby issued to you for your implementation.
If any problems arise in the implementation, please report to the Ministry of Foreign Trade and Economic Cooperation (Trade Administration
Department).

There is hereby the notification. Attachment: Interim Measures for the Administration of Processing Trade in Export Processing Zones

Chapter I General Provisions

Article 1

These Measures are formulated in accordance with the Reply of the General Office of the State Council on Conducting Experiments with
Export Processing Zones and the Reply of the State Council Concerning the Interim Measures of the General Administration of Customs
of the People’s Republic of China for the Control of Export Processing Zones, with a view to conducting administration of export
processing zones and promoting the sound and stable development of processing trade.

Article 2

“Processing trade” referred to in these Measures means that an enterprise in the export processing zone imports from abroad or purchases
in domestic market raw and processed materials, parts, components and packing materials, etc, processes and assembles them and then
exports the finished goods, including processing materials supplied by clients and processing imported materials.

Article 3

All enterprises in the export processing zone must, in accordance with the relevant existing legal provisions of the state, be registered
and established according to law. They must obtain corporate capacity. The enterprises with foreign investment must go through formalities
according to the existing regulations on the administration of foreign investment.

Article 4

In principle, the relevant department of the local government is to be responsible for inviting investment to the export processing
zone. When inviting investment, the local governments shall abide by the guidance of the relevant industrial policy of the state,
and give priority to attracting large, newly established enterprises of downstream processing trade (e.g. manufacturers of complete
machinery, which require large amount of raw and processed materials transferred from other enterprises of processing trade) to the
zone.

Chapter II the Administration of the Processing Trade Business in the Export Processing Zone

Article 5

The department of foreign trade and economic cooperation of the government at the provincial level shall be responsible for the administration
of processing trade business in the export processing zone. The Management Committee of an export processing zone (hereinafter referred
to as the Management Committee), which has been set up with the approval of the government at a higher level shall take charge of
the examination and approval of the processing trade business in the zone. The Management Committee shall keep informed of the operation
state of the enterprises in the zone and report regularly to the department of foreign trade and economic cooperation of the government
at the provincial level. In regions where conditions permit, the Management Committee shall, through the Port Electronic System for
Law Enforcement, find out from the Customs the data of import and cancellation after verification of the enterprises in the zone.

Article 6

After established in the zone, the enterprise must, by presenting its business license, submit to the Management Committee a written
application for engaging in processing trade. The application shall contain the form and content of the processing trade by the enterprise,
and be attached with the list of the equipment and the list of materials and articles to be imported for the processing and the list
of the finished goods to be exported (The three lists may be submitted separately for approval if they cannot be submitted together,
for the formats of which, refer to the Attachment).

Article 7

After receiving the application of an enterprise in the zone, the Management Committee shall make strict examination in accordance
with the relevant provisions of the state and then issue an Approval Certificate for Processing Trade Business in the Export Processing
Zone (for the format of it, refer to the Attachment) and approve the attached lists, for those applications for the processing trade
business which is not prohibited by the state. The Customs shall register and put on records the enterprise according to the approval.

Article 8

In regions where the conditions permit, the enterprise shall submit their application and the attached lists to the Management Committee
through the Port Electronic System for Law Enforcement, the Management Committee shall examine such application and attached lists
also through the same System. The Customs shall register the enterprise according to the electronic documents approved by the Management
Committee.

Article 9

The enterprise in the zone may start the processing trade business within the approved scope only after it has been registered by
the Customs; where any new processing trade business manages beyond the approved scope, the enterprise must go through the examination
and approval procedures with the Management Committee in accordance with the provisions of Article 6 for such new business.

Article 10

Products finished in the zone shall be exported. Under special circumstances or where the finished products need to be sold in domestic
market out of the zone according to the contract (articles of association) of the enterprise with foreign investment, the relevant
enterprise in the zone shall go through the exit-zone formalities with the Customs, while the relevant enterprise out of the zone
shall go through the entry-zone procedure with the Customs of the zone in accordance with the relevant import provisions, and submit
the import license if such finished products belong to the products of import licenses administration.

Article 11

Leftover bits and pieces, defective or substandard products and waste products brought about during the processing production of the
enterprise in the zone shall be managed according to the relevant measures for the management of those outside the zone. If any leftover
bits and pieces and waste products really need to be transported outside the zone for destruction, such transport and destruction
shall be subject to the approval of the Management Committee and the department of environmental protection at the place of destruction.,
the Customs shall check them according to the approval. The enterprise must, after the destruction, submit the destruction proof
to the Management Committee for record.

Chapter III Import and Export of Goods

Article 12

No goods imported or exported between the export processing zone and any area outside the country shall be subject to any import or
export quota or license, except the goods subject to passive quota control, hypertoxic chemicals, chemical weapon prosoma, solid
waste, and other materials, which, according to the relevant provisions of the state, shall be subject to license and which the Customs
may release only upon valid certificate.

Article 13

Goods trading between the export processing zone and any domestic enterprise outside the zone is regarded as normal import and export,
and shall be handled in accordance with the relevant existing provisions. Goods subject to import or export allocation license shall
be released by the Customs upon valid certificate.

Article 14

The goods whose import or export is prohibited by the state may not in principle enter the export processing zone. Where any domestic
enterprise outside the zone needs to transport any goods whose export is prohibited by the state or which are subject to unified
operation to the zone for processing and then transport the processed products to any domestic region outside the zone, an application
shall be submitted to the Ministry of Foreign Trade and Economic Cooperation for approval, and the Customs shall make supervision
thereon in accordance with the relevant administrative regulations concerning processing exported materials.

Article 15

Imported equipment provided, not as investment, by the foreign party under processing trade contract shall, when entering the export
processing zone, be exempt from any import license, and shall, however, be under the supervision and control of the Customs, and
be returned outside the country upon the expiration of the contract; for those, after the expiration of the contract, cannot be returned
and require the Customs to release the supervision and control in order to be transported outside the zone, the Customs shall handle
the affairs according to the relevant provisions concerning normal import.

Chapter IV Supplementary Provisions

Article 16

All enterprises in the zone must do their business in accordance with the relevant laws and regulations of the state.

Article 17

The Management Committee of each export processing zone shall, in accordance with the relevant provisions of the State and these Measures
and the operational procedures for the Port Electronic System for Law Enforcement, and in the light of the local conditions, formulate
proper implementation rules, and submit them to the Ministry of Foreign Trade and Economic Cooperation for record.

Article 18

These Measures shall enter into force as of April 1, 2001. The Ministry of Foreign Trade and Economic Cooperation and the General
Administration of Customs shall be responsible for the their interpretation.



 
The Ministry of Foreign Trade and Economic Cooperation
2001-03-21

 






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

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

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

HuiFa [2002] No.18

February 8, 2002

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

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

1.

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

2.

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

3.

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



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

 






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






The Ministry of Foreign Trade and Economic Cooperation

Order of the Ministry of Foreign Trade and Economic Cooperation

No.24

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

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

March 21, 2002

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

￿￿

￿￿

Attachment:

The list of the fourth batch of 26 departmental decisions abolished

￿￿

Order 

 Document Name

Department of Promulgation

Date of Promulgation

1

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

MOFTEC

1987

2

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

MOFTEC Ministry of Science and Technology

1988

3

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

MOFTEC

1996

4

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

State Bureau of Construction Material Industry Ministry of Science and Technology 

1990

5

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

 MOFTEC

2001

6

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

MOFTEC State Administration of Foreign Exchange

2001

7

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

MOFTEC 

1985

8

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

MOFTEC 

1985

9

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

MOFTEC 

1996

10

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

MOFTEC

1997

11

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

 MOFTEC State Administration of Medicine 

1997

12

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

MOFTEC State Administration of Medicine 

1998

13

Notice on the Relevant Issues Concerning the Honey Export to America

MOFTEC

2001

14

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

MOFTEC 

1999

15

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

 MOFTEC 

2000

16

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

MOFTEC 

1999

17

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

MOFTEC

1999

18

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

MOFTEC

2000

19

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

MOFTEC 

1997

20

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

MOFTEC 

1998

21

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

MOFTEC

1999

22

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

MOFTEC 

1998

23

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

MOFTEC 

1996

24

 Notice on Revising the Relevant Measures for Trade with Taiwan Province

 MOFTEC

1998

25

Notice on Opening the Import Management Power in Trade with Taiwan  

MOFTEC

1998

26

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

MOFTEC Ministry of Public Security Ministry of Foreign Affaires 

1997



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

The General Office of the State Council

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

GuoBanFa [2002] No.43

September 10, 2002

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

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

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

1.

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

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

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

2.

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

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

(1)

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

(2)

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

i.

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

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

ii.

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

iii.

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

iv.

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

(3)

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

3.

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

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

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

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

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

 



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

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

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

WaiJingMaoFa [2002] No.500

October 15, 2002

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

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

Article 1

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

Article 2

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

Article 3

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

Article 4

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

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

Article 5

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

Article 6

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

Article 7

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

a.

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

b.

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

c.

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

Article 8

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

Article 9

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

Article 10

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

Article 11

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

Article 12

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

Article 13

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

Article 14

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



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

 






RULES ON THE HEARING OF INDUSTRY INJURY INVESTIGATION

The State Economic and Trade Commission

Order of the State Economic and Trade Commission, PRC

No.44

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

Director of the State Economic and Trade Commission Li Rongrong

December 13, 2002

Rules on the Hearing of Industry Injury Investigation

Article 1

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

Article 2

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

Article 3

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

Article 4

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

Article 5

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

Article 6

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

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

Article 7

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

Article 8

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

Article 9

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

Article 10

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

Article 11

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

Article 12

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

(a)

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

(b)

he has an interest in the case;

(c)

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

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

Article 13

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

(a)

to hold the hearing;

(b)

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

(c)

to question the parties to the hearing;

(d)

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

(e)

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

(f)

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

(g)

other matters which need to be decided during the hearing.

Article 14

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

Article 15

The parties to a hearing shall bear the following obligations:

(a)

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

(b)

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

(c)

to truthfully answer the presiders’ inquires;

(d)

to provide the evidence for their assertions.

Article 16

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

Article 17

A hearing shall be held according to the following procedures:

(a)

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

(b)

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

(c)

the parties to the hearing make their statements;

(d)

the parties to the hearing make their final statements;

(e)

the chief presider announces the end of the hearing.

Article 18

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

Article 19

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

Article 20

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

Article 21

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

(a)

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

(b)

other circumstances under which the hearing shall be suspended.

Article 22

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

Article 23

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

(a)

the petitioner to the hearing withdraws the petition;

(b)

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

(c)

other circumstances under which the hearing shall be terminated.

Article 24

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

Article 25

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

Article 26

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



 
The State Economic and Trade Commission
2002-12-13

 






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CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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