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The Standing Committee of the National People’s Congress
Order of the president of the People’s Republic of China
No.76
The Law of the People’s Republic of China on the Protection of Cultural Relics has been revised and adopted at the 30th meeting of
the Standing Committee of the Ninth National Congress of the People’s Republic of China on October 28, 2002, the revised Law of the
People’s Republic of China on the Protection of Cultural Relics is hereby promulgated and shall come into force on the day of promulgation.
President of the People’s Republic of China Jiang Zemin
October 28, 2002
Law of the People’s Republic of China on the Protection of Cultural Relics ContentsChapter I General Rules
Chapter II Unmovable Cultural Relics
Chapter III Archaeological Excavations
Chapter IV Cultural Relics in Collection of Cultural Institutions
Chapter V Cultural Relics in Civil Collection
Chapter VI Entry and Exit of Cultural Relics
Chapter VII Legal Responsibilities
Chapter VIII Supplementary Provisions
Chapter I General Rules
Article 1
With a view to strengthening the protection of cultural relics, inheriting the splendid historical and cultural legacy of the Chinese
Nation, promoting the scientific research, conducting education in patriotism and revolutionary tradition, and building the socialist
spiritual and material civilization, this Law is formulated in accordance with the Constitution.
Article 2
The state shall place under its protection, within the boundaries of the People’s Republic of China, the following cultural relics:
(1)
Sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone carvings and mural paintings that are
of historical, artistic or scientific value;
(2)
Important historical sites, material objects and typical buildings of modern and contemporary times related to major historical events,
revolutionary movements or famous people that are highly memorable or are of great significance for education or for the preservation
of historical data;
(3)
Valuable works of art and handicraft articles dating from various historical periods;
(4)
Important documents as well as manuscripts, books and materials, etc., that are of historical, artistic or scientific value dating
from various historical periods; and
(5)
Typical material objects reflecting the social system, social production or the life of various nationalities in different historical
periods.
The criteria and measures for the determination of cultural relics shall be formulated by the department of cultural relics administration
under the State Council, which shall report such measures to the State Council for approval.
Fossils of paleo vertebrates and paleo anthropoids of scientific value shall be protected by the state in the same way as cultural
relics.
Article 3
Unmovable cultural relics, such as sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone
carvings, mural paintings, and important historical sites and typical buildings of modern and contemporary times, etc., may be determined
as major historical and cultural sites protected at the national level, historical and cultural sites protected at the province level
and historical and cultural sites protected at the level of city or county.
Movable cultural relics, such as important material objects, artworks, documents, manuscripts, books and materials, and typical material
objects, etc., are divided into valuable cultural relics and ordinary cultural relics; valuable cultural relics are divided into
Grade 1 cultural relics, Grade 2 cultural relics and Grade 3 cultural relics.
Article 4
The principles of focus on protection, giving first place to rescue, reasonably utilization and strengthening the management shall
be followed in the work concerning cultural relics protection.
Article 5
All cultural relics remaining underground or in the inland waters or territorial seas within the boundaries of the People’s Republic
of China shall belong to the state.
Sites of ancient culture, ancient tombs and cave temples shall belong to the state. Unmovable cultural relics, such as memorial buildings,
ancient architectural structures, stone carvings, mural paintings and typical buildings of modern and contemporary times, etc. designated
for protection by the state, shall belong to the state, unless it is otherwise provided by the state.
Ownership of state-owned unmovable cultural relics shall not be changed as a result of the change of ownership of or use right to
the land to which the cultural relics are attached.
The following movable cultural relics shall belong to the state:
(1)
Cultural relics unearthed within China, except otherwise provided for by the state;
(2)
Cultural relics in the collection and preservation by collection entities of state-owned cultural relics, as well as other state organs,
armed forces, state-owned enterprises and public institutions, etc;
(3)
Cultural relics collected and purchased by the state;
(4)
Cultural relics donated to the state by citizens, legal persons and other organizations;
(5)
Other cultural relics owned by the state as provided for by the law.
Ownership of state-owned movable cultural relics shall not be changed as a result of the termination or alteration of the collection
or preservation entities.
Ownership of state-owned cultural relics shall be protected by law and shall not be infringed upon.
Article 6
The ownership of memorial buildings, ancient architectural structures and cultural relics handed down from generation to generation
that belong to collectives or individuals shall be protected by law. Owners of the cultural relics must abide by the relevant state
regulations governing the protection and control of cultural relics.
Article 7
All government organs, public organizations and individuals have the obligation to protect cultural relics pursuant to law.
Article 8
The department of cultural relics administration under the State Council shall take charge of the work concerning cultural relics
protection throughout the country.
Local people’s governments at various levels shall be responsible for the work of protecting cultural relics in their respective administrative
jurisdictions. The departments of local people’s governments at and above the county level that undertakes the protection of cultural
relics shall supervise and administrate cultural relics protection within their respective administrative jurisdictions.
The relevant administrative departments of local people’s governments at and above the county level shall be responsible for the relevant
cultural relics protection work within their respective scope of duties.
Article 9
The people’s governments at various levels shall stress the protection of cultural relics, properly handle the relationship between
economic construction, social development, and cultural relics protection, and ensure the safety of cultural relics.
Infrastructure constructions and tourism development must comply with the principles for the protection of cultural relics, and may
not damage cultural relics.
Public security bodies, industry and commerce administrations, customs offices, urban and rural construction planning bodies and other
relevant state organs shall earnestly perform their duties of cultural relics protection and maintain the order of cultural relics
administration pursuant to law.
Article 10
The state develops the cause of cultural relics protection. The people’s governments at and above the county level shall bring the
cause of cultural relics protection into the national economic and social development planning of the corresponding levels, and the
expenses needed shall be listed in the budgets of the government of corresponding levels.
The state financial allocation used in cultural relics protection shall be increased with the increase of financial revenue.
The public income of state-owned museums, memorials, and cultural relics protection entities shall be especially used in cultural
relics protection, and no entity or individual may take into their own possession or misappropriate the fund.
The state encourages the establishment of social foundations for cultural relics protection, especially used in cultural relics protection,
through donation and other forms, and no entity or individual may take into their own possession or misappropriate the fund.
Article 11
Cultural relics are non-renewable cultural resources. The state shall strengthens the propaganda and education on cultural relics
protection, enhance the sense of cultural relics protection of the people, encourage the scientific research of cultural relics protection,
and improve the scientific and technological level of cultural relics protection.
Article 12
The state shall give moral encouragement or material awards to entities or persons for any of the following performances:
(1)
Serious implementation of the laws and regulations concerning cultural relics and remarkable achievements in protecting cultural relics;
(2)
Resolute struggle against criminal acts in the interest of protecting cultural relics;
(3)
Donation of important cultural relics in one’s own collection to the state or making donations for the cause of cultural relics protection;
(4)
Timely communication of information on, or delivery of, the cultural relics discovered, which facilitates their protection;
(5)
Major contribution in archaeological excavations.
(6)
Important inventions and innovations in, or other major contributions to, the science and techniques for the protection of cultural
relics;
(7)
Meritorious service in rescuing cultural relics in danger of being destroyed; and
(8)
Long-time service and outstanding achievements in the field of cultural relics.
Chapter II Unmovable Cultural Relics
Article 13
The department of cultural relics administration under the State Council shall select, from among the historical and cultural sites
protected at the levels of province, city and county, those of significant historical, artistic or scientific value as major historical
and cultural sites protected at the national level, or shall directly designate such sites and report them to the State Council for
approval and announcement.
Sites protected at the level of province shall be subject to the approval and announcement of the people’s governments at the levels
of province, autonomous region, and municipality directly under the Central Government, and be reported to the State Council for
record.
Sites protected at the level of city and county shall be subject to the approval and announcement of the people’s governments at the
level of city divided into districts, autonomous prefecture and county, and be reported to the people’s governments of provinces,
autonomous regions, or municipalities directly under the Central Government for record.
Unmovable cultural relics not approved and announced as protected historical and cultural sites shall be registered and announced
by the departments of cultural relics administration of the people’s governments at the county level.
Article 14
A city with an unusual wealth of cultural relics of high historical value and major revolutionary significance may be famous city
of historical and cultural value, which shall be subject to the approval and announcement of the State Council.
A town, street, or village with an unusual wealth of cultural relics of high historical value and major revolutionary significance
may be a street, village or towns of historical and cultural value, which shall be subject to the approval and announcement of the
people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government, and shall be reported
to the State Council for record.
The local people’s governments at and above the county level of the place where the famous cities, streets, villages and towns of
historical and cultural value are located shall organize the formulation of plans on protection of those famous cities, streets,
villages and towns, and bring that planning into the overall city planning.
Measures for the protection of famous cities, the streets, villages and towns of historical and cultural value shall be formulated
by the State Council.
Article 15
The people’s government of the provinces, autonomous regions, and municipalities directly under the Central Government and of cities
and counties shall delimit the necessary scope of protection, put up signs and notices, and establish records and files for the historical
and cultural sites protected at different levels and shall, in the light of different circumstances, establish special organs or
assign full-time personnel to be responsible for the administration of these sites. The scope of protection and records and files
for the major historical and cultural sites protected at the national level shall be reported by the departments of cultural relics
administration of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government
to the department of cultural relics administration under the State Council for record.
The departments of cultural relics administration of the local people’s governments at and above the county level shall, according
to the demand for protecting different cultural relics, work out specific protective measures for the unmovable cultural relics of
the protected historical and cultural sites and those not approved as protected sites, and shall announce and implement such measures.
Article 16
When drawing up plans for urban and rural construction, the people’s governments at various levels must, according to the needs of
cultural relics protection, see to it that the protective measures for the historical and cultural sites protected at different levels
are first worked out through consultation by the departments of urban and rural construction planning in conjunction with the departments
of cultural relics administration, and that such measures are included in the plans.
Article 17
No additional construction projects or operations such as explosion, drilling or excavation, etc. may be undertaken within the scope
of protection of a protected historical and cultural site. However, if additional construction projects or operations such as explosion,
drilling or excavation need to be undertaken within the scope of protection of such a site due to special reasons, the safety of
the site must be guaranteed, and approval must be obtained from the people’s government which made the original approval and announcement
on the designation of the site, with consent first obtained from the department of cultural relics administration of the people’s
government at the next higher level; If additional construction projects or operations such as explosion, drilling or excavation
are to be undertaken within the scope of protection of a major historical and cultural site protected at the national level, approval
must be obtained from the people’s government of the relevant province, autonomous region, or municipality directly under the Central
Government, with consent first obtained from the department of cultural relics administration under the State Council.
Article 18
According to the actual needs for the protection of cultural relics and with the approval of the people’s government of the province,
autonomous region or municipality directly under the Central Government, a certain area for construction control may be delimited
around a protected historical and cultural site and be announced.
Construction projects in such an area shall not deform the historical features of the protected historical and cultural site; the
project design scheme must, according to the level of the site, be subject to the consent of the corresponding department of cultural
relics administration before it is submitted to the department of urban and rural construction planning for approval.
Article 19
Within the scope of protection and the area for construction control of a protected historical and cultural site, no facility that
pollutes the site and the environment thereof may be constructed, neither may any activity that may affect the safety and environment
of that site be carried out. The existing facilities that pollute protected historical and cultural sites and the environment thereof
shall be disposed of within the prescribed time limits.
Article 20
Unmovable cultural relics shall be avoided in the choosing of construction sites by whatever possible means; if a protected historical
and cultural site can’t be avoided for special circumstances, the original site shall be protected by whatever possible means.
Where the original site is to be protected, the construction entity shall work out protective measures in advance, and, according
to the level of the protected historical and cultural site, submit such measures to the corresponding department of cultural relics
administration for approval, and shall list the protective measures in the feasibility study report or the planning project description.
Where the original site can’t be protected and removal for protection in other place or dismantling must be carried out, the matter
shall be submitted for approval to the people’s government of the province, autonomous region or municipality directly under the
Central Government; for removal or dismantling of a historical and cultural site protected at the provincial level, consent of the
department of cultural relics administration under the State Council must be obtained before the matter is submitted for approval.
No major historical and cultural site protected at the national level may be dismantled, if it is needed to remove such a site, the
people’s government of the province, autonomous region or municipality directly under the Central Government shall submit the matter
to the State Council for approval.
Mural paintings, sculptures, and construction components that are included in state-owned unmovable cultural relics dismantled pursuant
to the preceding paragraph and that have collection values shall be collected by the cultural relics collection entities designated
by the departments of cultural relics administration.
The expenses needed for protection of the original site, for removal and dismantling provided for in this article shall be listed
in the project budget of the construction entity.
Article 21
Repairs and maintenance of state-owned unmovable cultural shall be taken care of by the users, and repairs and maintenance of non-state-owned
cultural relics shall be taken care of by the owners. Where any non-state-owned cultural relics are in danger of being damaged and
the owner is incapable of repairing, the local people’s government shall give assistance; where the owner is capable of repairing
but refuses to perform the repair obligation, the people’s government at or above the county level shall rescue and repair the culture
relics, and the expenses incurred thereby shall be borne by the owner.
Repairing of a protected historical and cultural site shall be submitted for approval to the corresponding department of cultural
relics administration according to the site’s level; repairing of unmovable culture relics which haven’t been determined as protected
historical and culture sites shall be submitted for approval to the department of cultural relics administration of the people’s
governments at the county level which accepted the registration.
Repairing, removal and reconstruction of a protected historical and culture site shall be undertaken by an entity with the qualification
certificate for cultural relics project.
The principle of keeping the cultural relics in their original state must be adhered to in the repairing, maintenance and removal
of unmovable cultural relics.
Article 22
Where unmovable cultural relics have been ruined completely, the relics ruins shall be protected, and no reconstruction shall be conducted
on the original site. However, if it is necessary to reconstruct on the original site for special circumstances, the department of
cultural relics administration of the people’s government of the province, autonomous region, or municipality directly under the
Central Government shall, after obtaining consent from the department of cultural relics administration under the State Council,
submit for approval to the people’s government of the province, autonomous region, or municipality directly under the Central Government;
where it is necessary to reconstruct on the original site of a major historical and cultural site protected at the national level,
the people’s government of the province, autonomous region, or municipality directly under the Central Government shall report to
the State Council for approval.
Article 23
If it is necessary to use a memorial building or an ancient architectural structure owned by the state at a place designated as a
protected historical and cultural site for purposes other than the establishment of a museum, a cultural relics preservation institute
or a tourist site, the department of cultural relics administration of the people’s government that originally approved and announced
the said site shall, after obtaining the consent of the department of cultural relics administration at the next higher level, submit
for approval to the people’s government which originally approved and announced the designation of the site; if it is necessary to
use for other purposes a major historical and cultural site protected at the national level, the matter shall be submitted by the
people’s government of the province, autonomous region, or municipality directly under the Central Government to the State Council
for approval. If it is necessary to use for other purposes any unmovable cultural relics not defined as a protected historical and
cultural site, the matter shall be reported to the department of cultural relics administration of the people’s government at the
county level.
Article 24
State-owned unmovable cultural relics may not be transferred or mortgaged. A state-owned protected historical and cultural site, on
which a museum, preservation institute is established or which is used as a tourist site, may not be operated as the assets of an
enterprise.
Article 25
Non-state-owned unmovable cultural relics may not be transferred or mortgaged to foreigners.
Where any non-state-owned unmovable cultural relics are transferred, mortgaged, or the use thereof is changed, the matter shall be
submitted to the corresponding department of cultural relics administration for record; if the repairing receives financial aid from
the local people’s government, the matter shall be submitted to the corresponding department of cultural relics administration for
approval.
Article 26
Those using unmovable cultural relics must observe the principle of keeping the cultural relics in their original state, be responsible
for the safety of the buildings and of the affiliated cultural relics, and may not damage, reconstruction, extend or dismantle them.
With respect to the constructions and structures that harm the safety of protected historical and cultural sites and damage the historical
features of such sites, the local people’s government shall investigate and deal with the matter without delay, and shall remove
or dismantle the said constructions and structures if necessary.
Chapter III Archaeological Excavations
Article 27
The procedure of submitting reports for approval must be performed for all archaeological excavations; entities engaging in archaeological
excavations shall be subject to the approval of the department of cultural relics administration under the State Council.
No entity or individual may conduct excavations of cultural relics buried underground without permission.
Article 28
To conduct archaeological excavations for the purpose of scientific research, entities undertaking the excavations shall submit their
excavation plans to the department of cultural relics administration under the State Council for approval; archaeological excavation
plans which have to be carried out at major historical and cultural sites protected at the national level shall be submitted to the
department of cultural relics administration under the State Council for examination before they are forwarded to the State Council
for approval. The department of cultural relics administration under the State Council shall, before granting approval or making
examination, seek opinions from social science research institutions and other scientific research institutions and the relevant
experts.
Article 29
Before carrying out a large-scale capital construction project, the construction entity shall first request the department of cultural
relics administration of the province, autonomous region or municipality directly under the Central Government to organize entities
which engage in archaeological excavations to conduct archaeological investigation or prospecting related to cultural relics at places
where such relics may be buried underground within the area designated for the project.
If cultural relics are discovered in the course of archaeological investigation and prospecting, protective measures should be jointly
decided upon by the department of cultural relics administration of the province, autonomous region or municipality directly under
the Central Government together with the construction entity through consultation; in case of important discoveries, the department
of cultural relics administration of the province, autonomous region or municipality directly under the Central Government shall
submit timely reports for handling to the department of cultural relics administration under the State Council.
Article 30
With regard to archaeological excavations which have to be carried out along with a construction project, the department of cultural
relics administration of the province, autonomous region or municipality directly under the Central Government shall submit an excavation
plan based on the prospecting to the department of cultural relics administration under the State Council for approval. The department
of cultural relics administration under the State Council shall, before granting approval, seek opinions from social science research
institutions and other scientific research institutions and the relevant experts.
In case the time limit for completing the project is pressing or it is in danger of natural damage so that it is truly urgent to rescue
the sites of ancient culture and ancient tombs, the department of cultural relics administration of the people’s government of the
province, autonomous region or municipality directly under the Central Government may organize excavations while going through the
procedures for examination and approval.
Article 31
The expenses needed for the archaeological investigations, prospecting and excavations which have to be carried out because of capital
construction or construction for productive purposes shall be included in the project budget of the construction entity.
Article 32
In construction projects or agricultural production, any entity or individual that discovers cultural relics shall protect the scene
and immediately report the discoveries to the local department of cultural relics administration, which shall hurriedly go to the
scene upon receipt of the report if there are no special circumstances, and shall give opinions on handling within 7 days; discoveries
of important cultural relics shall be immediately reported to the department of cultural relics administration under the State Council,
which shall give opinions on handling within 15 days from the day of receipt of the report.
Cultural relics discovered pursuant to the preceding paragraph shall belong to the state, and no entity or individual may take into
its or his own possession, secretly share or hide them.
Article 33
No foreigner or foreign organization may engage in archaeological investigations, prospecting or excavations within the boundaries
of the People’s Republic of China without the special permission granted by the State Council on the basis of the report from the
department of cultural relics administration under the State Council.
Article 34
The results of archaeological investigations, prospecting or excavations shall be reported to the department of cultural relics administration
under the State Council and the departments of cultural relics administration of the people’s governments of the provinces, autonomous
regions, and municipalities directly under the Central Government
Cultural relics excavated shall be registered and appropriately kept, and be transferred to state-owned museums, libraries or other
state-owned cultural relics collection entities designated by the departments of cultural relics administration of the people’s governments
of the provinces, autonomous regions, and municipalities directly under the Central Government, or by the department of cultural
relics administration under the State Council. Upon the approval of the departments of cultural relics administration of the people’s
governments of the provinces, autonomous regions, and municipalities directly under the Central Government, or the department of
cultural relics administration under the State Council, the entities undertaking archaeological excavations may keep small amount
of unearthed cultural relics as samples for scientific research.
No entity or individual may take any of the cultural relics excavated into its or his own possession.
Article 35
With a view to ensuring the safety of cultural relics, conducting scientific research and making full use of cultural relics, the
departments of cultural relics administration of the people’s governments of the provinces, autonomous regions, and municipalities
directly under the Central Government may, upon the approval of the people’s governments at the corresponding level, transfer and
use the cultural relics unearthed within their respective administrative jurisdictions; the department of cultural relics administration
under the State Council may, upon the approval of the State Council, transfer and use major cultural relics unearthed anywhere in
the country.
Chapter IV Cultural Relics in the Institution Collection
Article 36
Museums, libraries and other institutions as well as other cultural relics collection entities must classify the cultural relics in
their collection by different grades, compile files for the relics kept thereby, establish a strict system of control and report
for record with the competent departments of cultural relics administration.
Departments of cultural relics administration of the local people’s governments at and above the county level shall compile files
for the cultural relics in the collection of cultural institutions within their respective administrative jurisdictions; the department
of cultural relics administration under the State Council shall compile files for Grade 1 cultural relics of the state and for the
cultural relics in the collection of state-owned cultural relics collection entities governed by it.
Article 37
A cultural relics collection entity may obtain culture relics through the following methods:
(1)
Purchasing;
(2)
Accepting donations;
(3)
Exchanging according to l
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The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Science and Technology, the State Administration for Industry
and Commerce, the State Administration of Taxation, the State Administration of Foreign Exchange
Decree of the Ministry of Foreign Trade and Economic Cooperation, the Ministry of Science and Technology, the State Administration
for Industry and Commerce, the State Administration of Taxation and the State Administration of Foreign Exchange
No.2
The Provisions Concerning the Administration of Foreign-funded Business-starting Investment Enterprises were adopted at the 11th ministerial
meeting of the Ministry of Foreign Trade and Economic Cooperation. It is hereby promulgated and shall be implemented as of March
1, 2003.
Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guangsheng
Minister of the Ministry of Science and Technology Xu Guanhua
Director general of the State Administration for Industry and Commerce Wang Zongfu
Director general of the State Administration of Taxation Jin Renqing
Director general of the State Administration of Foreign Exchange Guo Shuqing
January 30, 2003
Provisions Concerning the Administration of Foreign-funded Business-starting Investment Enterprises
Chapter I General Provisions
Article 1
The present Provisions are formulated to encourage foreign-funded companies, enterprises and other economic organizations or individuals
(hereinafter referred to as foreign investors) to come to China to engage in business-starting investments, and to establish and
perfect the mechanism of business-starting investments in China in accordance with the Law of the People’s Republic of China on Chinese-foreign
Contractual Joint Ventures, the Law of the People’s Republic of China on Chinese-foreign Equity Joint Ventures, the Law of the People’s
Republic of China on Foreign-capital Enterprises, the Company Law of the People’s Republic of China and other related laws and regulations.
Article 2
The term “foreign-funded business-starting investment enterprise ” (hereinafter referred to as FBIE” refers to the foreign-funded
investment enterprises established by foreign investors or by foreign investors jointly with companies, enterprises or other economic
organizations established and registered in China in accordance with the Chinese law (hereinafter referred to as Chinese investors).
To establish an FBIE shall be in conformity with the present Provisions. It shall mainly engage in business-starting investments.
Article 3
The term “business-starting investment” means making principal equity investments to high and new tech enterprises that haven’t been
listed in the stock market (hereinafter referred to as invested enterprises), and providing management services to them for the prospective
capital gains.
Article 4
An FBIE is allowed to take the form of the non-legal-person organization or the corporate organization.
As to a non-legal-person organization, the investors shall bear joint liabilities for its debts. The investors may also specify in
the contract of the FBIE that: When the assets of an FBIE are not enough to clear the debts of this enterprise, the indispensable
investors as stated in Article 7 shall bear joint liabilities and the other investors shall bear the liabilities to the company
within the limit of contributions made by each of them.
For a corporate-form FBIE, the investors shall bear the liabilities to the company within the limit of the amount of investment made
by each of them.
Article 5
The FBIEs shall abide by relevant laws and regulations of China, shall be in conformity with the policies of foreign investment industries
and shall not damage the public interests of China. The legitimate businesses and lawful rights and interests of the FBIE within
the borders of China shall be subject to the protection of Chinese law.
Chapter II Establishment and Registration
Article 6
To establish an FBIE, the following requirements shall be met:
(1)
There are more than 2 but less than 50 investors, and at least one shall be an indispensable investor as stated in Article 7 ;
(2)
The investors of a non-legal-person organization shall subscribe to a minimum total contribution in the sum of 10, 000, 000 U.S. $.
The investors of an incorporated FBIE shall subscribe to a minimum total capital in the sum of 5, 000, 000 U.S. $. Except for the
indispensable investors as provided in Article 7 , each of the other investors shall subscribe to a minimum capital contribution
no less than 1, 000, 000 yuan. Foreign investors may contribute their investments in convertible currencies and Chinese investors
may contribute their investments in Renminbi.
(3)
It shall have definite organization form;
(4)
It shall have a definite and legitimate investment direction;
(5)
Except that the operations of such an enterprise are subject to the management of a business-starting investment management company
under authorization, an FBIE shall have at least 3 professional managerial persons who have practical experience in business-starting
investment;
(6)
It shall meet the other requirements as provided in laws and administrative regulations.
Article 7
An indispensable investor shall meet the following requirements:
(1)
Business-starting investment is its main business;
(2)
The accumulative total capital managed by it in the three years before the application is not less than 100, 000, 000 U.S. dollars,
and of which no less than 50, 000, 000 U.S. dollars have been used in business-starting investment If the indispensable investor
is a Chinese investor, the accumulative total capital managed thereby in the three years before the application is submitted is not
less than 100, 000, 000 Yuan, and of which no less than 50, 000, 000 yuan have been used in business-starting investment;
(3)
It shall have at least 3 professional managerial persons who have practical experience in business-starting investment;
(4)
If the affiliated entity of an investor meets the above-mentioned requirements, the investor may apply for the status of an indispensable
investor. The term “affiliated entity” in this paragraph refers to an entity controlled by the investor, or an entity that controls
the investor, or another entity that subject to the control of the same entity that controls the investor. The term “control” in
this paragraph means that the controlling party has a voting power of more than 50 % over the controlled party.
(5)
Neither the above-mentioned indispensable investor nor its affiliated entity shall have any record of being prohibited from engaging
in business-starting investment or business of investment consultancy, or being punished for the reason of cheat, by the judicial
departments and other relevant agencies of the country where it is located;
(6)
An indispensable investor of a non-legal-person enterprise shall subscribe to and actually pay not less than 1 % of the subscribed
contributions and the actual total contributions respectively, and it shall bear joint liabilities for the debts of this enterprise.
An indispensable investor of an incorporated FBIE shall subscribe to and actually pay not less than 30% of the subscribed contributions
and the actual total contributions respectively.
Article 8
The following procedures shall be observed in the establishment of an FBIE:
(1)
The investors shall submit the establishment application and relevant documents to the administrative departments in charge of foreign
trade and economic cooperation at the provincial level of the place where the FBIE is to be established.
(2)
The administrative departments in charge of foreign trade and economic cooperation at the provincial level shall complete the original
examination and report to the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) within 15
days as of the acceptance of the above-mentioned materials.
(3)
The MOFTEC shall, with the consent of the Ministry of Science & Technologymake a written decision on approval or disapproval within
45 days as of the acceptance of all the above-mentioned materials. And it shall issue a Certificate of Approval for Foreign-invested
Enterprises to the approved enterprises.
(4)
With the approved of establishing an FBIE, the applicant shall file an application for registration at the State Administration of
Industry and Commerce or at local bureaus with its authorization by presenting the Certificate of Approval for Foreign-invested Enterprise
within one month as of the acceptance of the Certificate of Approval for Foreign-invested Enterprise.
Article 9
The following documents shall be submitted to the MOFTEC when applying for the establishment of an FBIE:
(1)
an establishment application signed by the indispensable investors;
(2)
contracts and articles of association of the FBIE signed by all the investors;
(3)
a written declaration made by the indispensable investors (covering: a. the investors meet the requirements as provided in Article
7 ; b. all the materials submitted are genuine; and c. the investors will strictly abide by the present provisions and other relevant
Chinese laws and regulations);
(4)
a letter of legal advice issued by a law firm affirms that the legal indispensable investors exist and the above-mentioned declaration
has got valid authorization and has been signed;
(5)
explanations of the business-starting operations of the foreign investors, explanations of the capital managed by them of the three
years before the application is submitted, explanations of the investment made among the capital managed by them of the three years
before the application is submitted, resumes of its professional managerial persons of business-starting investment;
(6)
the registration certificate of the investors (photocopy) and the certificate of the legal representative (photocopy);
(7)
the notice of pre-approval of the name of the FBIE issued by the name registration organ;
(8)
If the qualifications of the indispensable investors are based on the requirements as provided in paragraph (4) of Article 7 , they
shall submit relevant materials of the affiliated entity that meets the requirements;
(9)
other documents related to the establishment application as required by the examination and approval authority.
Article 10
The FBIEs shall give a clear indication of “Business-starting Investment” in its name. Except for business-starting investment enterprises,
none of the other foreign investment enterprises may use the aforesaid words in their name.
Article 11
In applying for establishing an FBIE, the following documents shall be submitted to the registration organ and shall be responsible
for their authenticity and effectiveness:
(1)
registration application signed by the chairman of the board of directors or by the person-in-charge of the joint management committee;
(2)
contracts, articles of association, the documents and certificate of approval issued by the approving authorities;
(3)
legal license to do business or the certification of the ID of the investor;
(4)
credit certification of the investor;
(5)
appointment documents and the certification of the ID of the legal representative and archival documents of the directors and managers
of this enterprise;
(6)
notice of pre-approval of its name;
(7)
the certification of the address of the enterprise and the certification of its business offices.
In the case of applying for establishing a non-legal-person organization, the applicant shall submit the articles or agreement of
overseas indispensable investors besides the aforesaid materials. Where an enterprise includes investors as provided in Article 7
(4) of the present Provisions, the applicant shall submit the letter of undertaking issued by its affiliated entity, which is to
bear the joint liabilities of investments. All of the aforesaid documents should be written in Chinese. Those written in foreign
languages other than Chinese shall be accompanied by good Chinese translations.
An FBIE should apply to the original registration organ for the modification registration of its modified registration matters.
Article 12
Upon the approval of the registration organ, the incorporated FBIEs shall be issued the business license of legal entity, and the
non-legal-person FBIEs shall be issued a business license.
A business license shall clearly states the total registered capital of the investors and the names of the dispensable investors.
Chapter III Capital Contributions and Relevant Modifications
Article 13
The capital contributions made by the investors of a business-starting enterprise without qualifications of legal entity and the relevant
modifications shall be in conformity with the following:
(1)
The investors may pay the their subscribed capital by installments according to the proceedings of the business-starting investment,
but the longest term shall be no more than 5 years. The amount of capital to be invested at each stage shall be decided by the FBIE
itself according to the contract of the enterprise and the agreement concluded by it and its invested enterprise. In the contract,
the investors shall stipulate liabilities of the investors who do not pay the subscribed capital contributions and relevant measures.
(2)
During the period of the continuous existence of the FBIE, the investors generally shall not reduce their subscribed amount of capital.
Upon approval of the examination and approval organ, an investor may reduce its subscribed amount of capital if the said amount exceeds
50 % of the total provided that it has obtained the consent of the indispensable investors and the business-starting FBIE isn’t in
violation of the requirement of minimum registered capital of 1, 000, 000 U.S. $ (The present provision shall not be applicable to
a case where an investor reduces its invested amount of capital in accordance with item (5) of this Article or the FBIE reduces the
untapped capital when its term of investment expires). In this case, the investors shall stipulate the conditions, procedure and
methods for reducing the subscribed amount of capital in the contract of the FBIE;
(3)
Indispensable investors shall not withdraw from the FBIE during the period of its continuous existence. A necessary withdrawal under
a special circumstance shall be upon the consent of the investor whose investment amount exceeds 50% of the total amount, and the
relevant rights and interests shall be assigned to the new investor who satisfies the conditions as provided in Article 7 . The contract
and the articles of association of this enterprise shall be modified and shall be reported to the check and approving authority for
approval.
The transference of the other investors’ subscribed amount of capital or invested amount of capital shall be done in compliance with
the contract of the FBIE and the assignee shall meet the requirements as provided in Article 6 . All investors shall make relevant
modifications in the contract and the articles of association of the FBIE and report to the examination and approval organ for archival
purposes.
(4)
After an FBIE has been established, the investment application of new investors shall be in conformity with the present Provisions
and the stipulations in the contract, and shall be consented by the indispensable investors. Relevant modifications shall be made
in the contract and the articles of association of the FBIE and shall be reported to the examination and approval organ for archival
purposes.
(5)
Among the incomes of an FBIE arising from selling or disposing of the interests of its invested enterprise by other means, the part
equivalent to its original amount of investment may be directly allocated to all the investors. Such allocation constitutes a reduction
of the invested amount of the investors. An FBIE shall stipulate concrete methods of allocation in its contract, and at least 30
days before it makes such allocation, it shall submit an archival statement on the request of reducing the relevant invested amount
of the investors. In the said statement, it shall prove that the amount of the investments to be made by the investors and the other
capital it has at that time is at least in conformity with the investment obligations that the FBIE shall undertake at that time.
However, such allocation shall not be a plea to the litigation resulted from its violation of any of the investment obligations.
Article 14
When a non-legal-person organization files an application to the registration authority for modifying its registration, the archival
evidential documents issued by the above-mentioned examination and approval organ may replace relevant documents for examination
and approval.
Article 15
Having made investments according to the proceedings of business-starting investments and upon relevant capital verification report,
the investors of the FBIE shall file an application to the original registration organ for handling the archival procedures for their
investments. The registration organ shall fill up the number of its actual amount of capital behind the item of “Capital Amount”
on its Business License.
Where an FBIE makes no investment or fails to make the total investment, it shall be subject to penalties imposed by the registration
organ in accordance with the existing regulations.
Article 16
The investors of an FBIE shall make investments and relevant modifications in accordance with the existing regulations.
Chapter IV Institutional Structure
Article 17
An FBIE in the form of non-legal-person organization shall establish a joint management committee. An FBIE in the form of company
shall establish a board of directors. The investors shall stipulate on how to organize the joint management committee or the board
of directors in the contract and in the articles of association of the FBIE. The joint management committee and the board of directors
shall manage the enterprise on behalf of its investors.
Article 18
The subordinate administrative departments of the joint management committee and the board of directors shall, in accordance with
the power as specified in the contract and the articles of association of the FBIE, take charge of the routine managerial work and
execute the investment decisions made by the joint management committee and the board of directors.
Article 19
The person-in-charge of an administrative department shall satisfy the following conditions:
(1)
shall have full capacity for civil conduct;
(2)
shall have no record of criminal offence;
(3)
shall have no record of bad operations;
(4)
shall be experienced in business-starting investments and have no record of illegal practices.
(5)
shall meet the other requirements of the examination and approval organ.
Article 20
The administrative departments shall regularly report the following to the joint management committee and the board of directors:
(1)
significant investments under authorization;
(2)
metaphase & annual performance reports and financial statements;
(3)
other matters as provided in laws and regulations;
(4)
relevant matters as stipulated in the contract and in the articles of association of the FBIE.
Article 21
The joint management committee and the board of directors may grant the power of routine administration to a business-investment management
enterprise or another FBIE rather than establish administrative departments. The business-investment management enterprise may be
a domestically-funded business-starting investment enterprise or a foreign-funded one or an overseas enterprise. In this case, the
business-starting investment enterprise and the business-starting investment management enterprise shall conclude a managerial contract,
stipulating respective rights and interests. Such a contract shall not come into effect until it has been agreed by all the investors
and has been approved by the examination and approval organ.
Article 22
The investors of an FBIE may, by reference to the international practices, stipulate interior system for income allocations and incentive
mechanism in the business-starting investment contract.
Chapter V Business-Starting Investment Management Enterprise
Article 23
An entrusted business-starting investment management enterprise shall meet the following conditions:
(1)
To accept the entrustment of the FBIEs and to manage the investments made by them shall be its main business;
(2)
It shall have at least 3 professional managerial persons who have at least three years of practical experience in business-starting
investment;
(3)
Its registered capital or its total investments shall not be less than 1, 000, 000 yuan or equivalent foreign exchange;
(4)
It shall have a perfect interior control system.
Article 24
A business-starting investment management enterprise is allowed to take the form of the corporate organization or the partnership
organization.
Article 25
A business-starting investment management enterprise may be entrusted to manage different FBIEs.
Article 26
A business-starting investment management enterprise shall report the matters as listed in Article 20 to the joint management committee
and the board of directors of the entrusting party.
Article 27
The establishment of a foreign-funded business-starting investment management enterprise shall be in conformity with the conditions
as provided in Article 23 and shall be reported to the examination and approval organ for approval via the administrative departments
of foreign trade and economic cooperation at the provincial level where the company to be established is located. The examination
and approval organ shall make a written decision on whether to approve or not within 45 days as of the acceptance of the complete
set of the above-mentioned documents. It shall issue a Certificate of Approval for Foreign-invested Enterprises to the approved enterprises,
which shall file an application to the registration organ by holding the Certificate within a month as of their acceptance of the
Certificate.
Article 28
The following documents shall be submitted to the examination and approval organ in applying for the establishment of a foreign-invested
business-starting investment management company:
(1)
establishment application;
(2)
contract and articles of association of foreign-funded business-starting investment management company;
(3)
the investors’ registration certificate (photocopy) and the certificate of the legal representative (photocopy);
(4)
relevant documents required by the examination and approval organ;
Article 29
A foreign-invested business-starting investment management enterprise shall give a clear indication of “INVESTMENT MANAGEMENT” in
its name. Except for the foreign-invested business-starting investment management enterprises any other foreign-funded enterprises
shall not do so.
Article 30
An overseas business-starting investment management enterprise, which has acquired the approval of engaging in business-starting investment
management under the authorization of FBIEs, shall file an application to the registration organ to handle the business registration
procedures within 30 days as of the approval day of the management contract.
An applicant shall submit the following documents to the business registration organ and shall be responsible for their authenticity
and effectiveness:
(1)
an application for registration signed by the chairman of the board of directors of the overseas business-starting investment management
enterprise, or by a competent person;
(2)
a management contract and the approval documents of the examination and approval organ;
(3)
articles of association or partnership agreement of the overseas business-starting investment management enterprise;
(4)
the overseas business-starting investment management enterprise’ legal license to do business;
(5)
the credit certification of the overseas business-starting investment management enterprise;
(6)
the power of attorney, resume and the certification of the identification of the person-in-charge of the Chinese project appointed
by the overseas business-starting investment management enterprise;
(7)
the certification of its business offices in China; All of the aforesaid documents should be written in Chinese, those written in
foreign languages other than Chinese shall be accompanied by good Chinese translations
Chapter VI Business Management
Article 31
An FBIE may engage in the following businesses:
(1)
It may make equity investments with all of its own capital through establishing new enterprises, or investing into an established
enterprise, or accepting the stock equities transferred by the investors of an established enterprise, or through other means as
permitted in the laws and regulations of the state;
(2)
It may offer business-starting investment consultancy services;
(3)
It may offer management consultancy to the invested enterprises;
(4)
It may engage in other businesses as approved by the examination and approval organ. The capital of an FBIE may be largely used to
make equity investments into its invested enterprise.
Article 32
A business-starting enterprise shall not engage in the following activities:
(1)
It shall not make investments into the areas in which foreign investments are prohibited by the state;
(2)
It shall not make direct or indirect investments into the listed securities and bonds of an enterprise, but after the invested enterprise
is listed, the shares held by the FBIE shall be an exception.
(3)
It shall not make direct or indirect investments into real property not for its own use;
(4)
It shall not make investments by way of loans;
(5)
It shall not make investments by embezzling the capital not in its ownership;
(6)
It shall not provide a loan or guaranty to others, but the bonds with a term of more than 1 year issued by its invested enterprise
and the investments in the nature of bonds that may be converted into equity investments to the invested enterprise shall be excluded
(this paragraph doesn’t concern whether the invested enterprise is enpost_titled to issue such bonds or not);
(7)
It shall not engage in other activities as prohibited in the law and regulations and the contract of the FBIE.
Article 33
The investors shall stipulate a term for foreign investments in the contract of the FBIE.
Article 34
The incomes of an FBIE shall be generated largely from selling the stock equities it holds in the invested enterprise or from disposing
of the stock equities by other means. When an FBIE sell the stock equities it holds in the invested enterprise or dispose of the
stock equities by other means, it may, in accordance with the law, choose one of the following available methods of withdrawing:
(1)
It may transfer part of or all of the stock equities it holds to other investors;
(2)
It may sign an agreement of stock equity counter-purchase with the invested enterprise, which may counter-purchase the stock equities
held by the business-starting investment enterprise under certain circumstances;
(3)
Where the invested enterprise satisfies the conditions of listing as provided by laws and administrative regulations, it may apply
for listing in the securities markets of home and abroad. In accordance with the law, the FBIE may transfer the shares it holds in
the invested enterprise through the securities markets;
(4)
The other methods that are allowed by the laws and administrative regulations of China. The concrete regulatory measures concerning
the invested enterprise’ counter-purchase of the stock equities held by the FBIE shall be separately formulated by the examination
organ jointly with the registration organ.
Article 35
An FBIE shall make tax declaration in accordance with the tax laws of the state. As to a non-legal-person organization, in accordance
with the law, it may request all the investing parties to file returns for enterprise income taxes on their own, or file an application
by itself, after the application has been approved, it shall, in accordance with the law, calculate and pay the enterprise income
tax in a consolidated way.
The concrete regulatory measures concerning the levy of enterprise income tax upon the non-legal-person FBIEs shall be promulgated
separately by the State Administration of Taxation.
Article 36
Where the profit or other income obtained by a foreign investor from an FBIE is to be remitted abroad, it shall be paid from the foreign
currency account of the FBIE, or shall be remitted through an entrusted bank with the foreign currencies purchased from the bank.
Such payment or remittance shall be made on the basis of the allocation decision made by the joint management committee or the board
of directors, the audit report issued by an accountant office, the certification of inflow of foreign investments and the report
on the verification of capital, the certification of tax payment and the tax return (where an enterprise enjoys tax concession, it
shall present the evidential documents of tax concession issued by the tax authorities).
In accordance with the law, a foreign investor may request to purchase foreign currencies to remit the investments withdrawn from
the FBIE. As to an FBIE in the form of company, the opening and access of foreign currency account, changes of capital and other
matters involving the incomes and expenses of foreign currencies shall be handled pursuant to the existing regulations concerning
the administration of foreign exchange. But relevant regulations on the non-legal-person FBIEs shall be formulated separately by
the State Administration of Foreign Exchange.
Article 37
The investors shall stipulate the business term of the FBIE i
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The State Administration of Taxation
Circular of the State Administration of Taxation on Strengthening the Works Relating to Withholding and Payment of the Individual
Income Tax from Interests of Enterprises Bond
GuoShuiHan [2003] No.612
June 6, 2003
Local tax bureaus of the provinces, autonomous regions and municipalities directly under the Central Government and municipalities
separately listed on the state plan:
In order to further strengthening the management of the levy and collection of the individual income tax from interests of enterprises
bonds, and safeguard the timely entry of full tax into the state treasury, the issues on the management of levy of the income tax
from interests of enterprises bonds are notified as follows through research and investigation:
I.
The individual income tax from interests of enterprise bonds shall be uniformly withheld and paid by the conversion institutions when
converting and paying the interests to the holders of bonds, which shall be directly entered into the state treasury. The conversion
and paying institutions shall do well in the works relating to the withholding and payment of the individual income tax according
to the relevant provisions of the individual income tax law.
II.
Various levels of tax administration shall strengthen the management on the work of the conversion and paying institutions relating
to withholding and payment of the individual income tax.
III.
The Circular shall be implemented as of the date of the delivery.
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The State Administration of Taxation
2003-06-06
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e00514
The Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs
Order of the Ministry of Foreign Trade and Economic Cooperation and the General Administration of Customs
No.23
The “Rules for the Implementation of the Administration of Import Quotas for Machinery and Electronic Products”, which were, in accordance
with the “Foreign Trade Law of the People’s Republic of China”, the “Regulations of the People’s Republic of China on the Administration
of Import and Export of Goods” and the “Measures on the Administration of Import of Machinery and Electronic Products”, discussed
and adopted at the 10th minister’s working meeting of the Ministry of Foreign Trade and Economic Cooperation in 2001, and which have
been consented by the General Administration of Customs with whom these Detailed Rules were negotiated, are hereby promulgated, and
shall come into force on January 1, 2002. The “Import Quota Attestations” issued by the Ministry of Foreign Trade and Economic Cooperation
before January 1, 2002 shall continue to be valid within the validity period, and shall be invalidated after the expiry as the validity
period shall not be extended.
Minister of the Ministry of Foreign Trade and Economic Cooperation: Shi Guangsheng
December 20, 2001
Rules for the Implementation of the Administration of Import Quotas for Machinery and Electronic Products
Article 1
These Detailed Rules are enacted in accordance with the “Regulations of the People’s Republic of China on the Administration of Import
and Export of Goods” and the “Measures on the Administration of Import of Machinery and Electronic Products” in order to regulate
the administration of the import quotas for machinery and electronic products.
Article 2
These Detailed Rules shall be applicable to the import by importing entities of machinery and electronic products under quotas inside
the customs territory of the People’s Republic of China.
Article 3
The Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China (hereinafter referred to as “the MOFTEC”)
shall be responsible for enacting, adjusting and promulgating jointly with the General Administration of Customs the catalogue of
import quotas for machinery and electronic products, as well as working out the annual plans on national import quotas for machinery
and electronic products and organizing the implementation.
Article 4
The MOFTEC shall, through electronic network system or by other means, carry out exchanges, checks and feedbacks of data with the
customs and other relevant administrative departments, and shall be responsible for inspecting and supervising the implementation
of the import quotas for the machinery and electronic products all over the country.
The institution in charge of foreign trade and economic cooperation of each province, autonomous region, municipality directly under
the Central Government, municipality separately listed on the State plan, coastal city open to the world and special economic zone,
as well as the office for the import and export of machinery and electronic products of each relevant department under the State
Council (hereinafter respectively referred to as “the local institution in charge of foreign trade and economic cooperation” and
“the departmental office of machinery and electronic products”), shall be responsible for inspecting and supervising the implementation
of the import quotas for the machinery and electronic products in its own area or department, and shall report the situation to the
MOFTEC.
Article 5
The MOFTEC shall, before July 31 of each year, promulgate the total quantity of the import quotas of the next year for the machinery
and electronic products all over the country.
The MOFTEC may, on the basis of its needs, adjust the total quantity of the annual quotas for machinery and electronic products, and
shall promulgate such adjustment 21 days before its enforcement.
Article 6
The qualifications and conditions for applying for import quotas for machinery and electronic products are as follows:
(1)
The entity applying for import shall have no such acts in violation of laws or regulations within the latest three years as evasion
of exchange, arbitrage of exchange, fraudulently obtaining tax refund for exports, smuggling, etc.;
(2)
The entity applying for import shall be enpost_titled to operate the products under the quotas in application;
(3)
The entity applying for import shall have the actual effective performance of importing and selling the products under the quotas
in application for a consecutive period of three years;
(4)
The entity applying for import shall have the capabilities of manufacture, sale, maintenance, provision of services and supply of
fittings, which are suitable for the quantity of the quotas in application;
(5)
The entity applying for import shall be in a good financial status;
(6)
Newly increased entities applying for import do not have to fulfill the conditions provided for in Item (3) of this Article;
(7)
An applicant who applies for import quotas for its own use does not have to fulfill the qualifications and conditions provided for
in Items (2), (3), (4) and (5) of this Article, provided that it shall submit a justifiable reason for application and appropriate
quantity of quotas in application.
Article 7
The time for applying for and distributing the import quotas is as follows:
(1)
The entity applying for import shall, during the period from August 1 to August 31 of each year, submit to the MOFTEC the application
for import quotas of the next year for machinery and electronic products, which shall not be accepted after the expiry;
(2)
The MOFTEC shall, before October 31 of each year, distribute the quotas, and issue the “Attestations on Import Quotas for Machinery
and Electronic Products” to the entities applying for import who have obtained the quotas.
Article 8
The time for re-distributing the import quotas is as follows:
(1)
The importing entities holding quotas shall, no later than September 1 of each year, return the quota licenses which cannot be used
up in the present year to the MOFTEC;
(2)
The MOFTEC shall, within 10 working days as of September 1 of each year, re-distribute the quotas stated in the returned quota licenses.
Article 9
The principles for distributing the import quotas are as follows:
(1)
To guarantee the needs in scientific research, education, culture, hygiene and other commonweal careers if the goods are imported
for the importer’s own use;
(2)
To give priority to considering the applications of the importing entities with strong capability of manufacture, sale and provision
of services;
(3)
To consider the actual effective performance of the entities applying for import in respect of the import of products under the quotas
in the latest three years;
(4)
To consider distributing a certain proportion of the total quantity of annual quotas to the newly increased entities applying for
import;
(5)
To properly increase the quantity of quotas of the next year upon request if the quotas of the last year have been used up; or
To deduct the quantity of quotas of the next year if the quotas of the last year have not been used up and the remaining quotas are
not returned within the provided time limit;
(6)
Some certain import quotas shall be distributed in a method of bidding, and the specific measures for administration shall be enacted
and promulgated by the MOFTEC.
Article 10
The procedures for applying for the “Attestation on Import Quotas for Machinery and Electronic Products” are as follows: An entity
applying for import shall, when importing machinery and electronic products subject to quota administration, truthfully fill out
the “Application Form for Import of Machinery and Electronic Products” in duplicate, and provide the application report and other
relevant documents, as well as go through the verification formalities in the relevant local institution in charge of foreign trade
and economic cooperation and the departmental office of machinery and electronic products. If no office of machinery and electronic
products is established in the department, the entity applying for import shall go through the verification formalities in the institution
in charge of foreign trade and economic cooperation located in the place of its industrial and commercial registration or legal person
registration.
Upon verification by the relevant local institution in charge of foreign trade and economic cooperation and the departmental office
of machinery and electronic products, an entity applying for import shall, within the provided time limit for applying for quotas,
apply for and obtain the “Attestation on Import Quotas for Machinery and Electronic Products” from the MOFTEC with the relevant documents
and the “Application Form for Import of Machinery and Electronic Products”.
Article 11
The importing entity shall apply for and obtain the “Import Quota License” with the “Attestation on Import Quotas for Machinery and
Electronic Products” issued by the MOFTEC. The validity period for the application and obtaining shall be the year when the “Attestation
on Import Quotas for Machinery and Electronic Products” is issued. Where the “Import Quota License” is not applied for or obtained
within the validity period, the “Attestation on Import Quotas for Machinery and Electronic Products” shall be invalidated.
Article 12
The “Attestation on Import Quotas for Machinery and Electronic Products” shall be in quintuplicate with five sheets. The first sheet
(blue, with anti-counterfeiting shading) shall be the document for applying for and obtaining the “Import Quota License”; the second
sheet (green, with white shading) shall be the document for order of goods; the third sheet (red, with anti-counterfeiting shading)
shall be the document kept in the customs for record; the fourth sheet (red, with white shading) shall be the banking document for
the purchase of and payment in foreign exchange; and the fifth sheet (black, with white shading) shall be kept in the quota administration
organ for file.
Article 13
Where, after obtaining the “Attestation on Import Quotas for Machinery and Electronic Products”, the importing entity needs to modify
any content in such items in the “Attestation on Import Quotas for Machinery and Electronic Products” as the importing entity, mode
of trade, uses of products, name, quantity or amount of products (with the range of change exceeding 10%) and performance of equipment,
etc. within the validity period due to a particular reason, it shall go through the formalities of modifying or changing the attestation
in the original organ which issued the attestation with the original “Attestation on Import Quotas for Machinery and Electronic Products”;
the original organ which issued the attestation shall take back the old attestation, and shall print the characters of “(change of
certificates)” in the remark column of the newly issued attestation. Where the amount of actually used exchange does not exceed 10
% of the planned amount, the “Attestation on Import Quotas for Machinery and Electronic Products” does not need to be modified, and
the importing entity shall not, when applying for and obtaining the “Import Quotas License” with the “Attestation on Import Quotas
for Machinery and Electronic Products”, modify any content in such items in the “Attestation on Import Quotas for Machinery and Electronic
Products” as the importing entity, mode of trade, uses of products, name, quantity or amount of products (with the range of change
exceeding 10%) and performance of equipment, etc..
Article 14
Where the “Attestation on Import Quotas for Machinery and Electronic Products” is lost, the importing entity shall immediately report
the loss to the original import quota administration organ, the original license administration organ and the customs at the port
of declaration. If no bad consequence occurs, the importing entity may apply to the MOFTEC for re-issuance.
Article 15
For any entity who concludes contracts with foreign parties before applying for the “Attestation on Import Quotas for Machinery and
Electronic Products” and the “Import Quotas License” in accordance with the provisions in these Detailed Rules, the MOFTEC shall
not re-issue the import quota attestation, and the customs and other administrative department shall deal with the matter in accordance
with the relevant laws and administrative regulations.
Article 16
These Detailed Rules shall also be applicable in any of the following circumstances:
(1)
The imported parts of the products under quotas constitute the feature of a whole machine;
(2)
The products under quotas are imported in processing trade for manufacturing products of domestic sale or for the importer’s own use;
(3)
The products under quotas are imported by enterprises with foreign investment for manufacturing products of domestic sale or for their
own use;
(4)
The products under quotas are imported in such modes of trade as leasing trade, compensation trade, etc.;
(5)
The products under quotas are imported in such manners as gratis aid, donation or present in economic exchanges, etc.;
(6)
The products under quotas, which are purchased outside the territory by Chinese institutions abroad or Chinese enterprises carrying
out construction projects outside the territory, need to be moved back to China for their own use;
(7)
Other circumstances separately provided for in laws and administrative regulations.
Article 17
These Detailed Rules shall not be applicable in any of the following circumstances:
(1)
The products imported in processing trade are re-exported;
(2)
The products under quotas are imported into China’s bonded zones or export processing zones for re-export;
(3)
The products under quotas are temporarily imported under the supervision and administration of the customs;
(4)
The products under quotas are imported by enterprises with foreign investment for investment or for their own use;
(5)
Other circumstances separately provided for in laws and administrative regulations.
Article 18
The power to interpret the present Detailed Rules shall remain with the MOFTEC. In case of any previous relevant provision inconsistent
with these Detailed Rules, these Detailed Rules shall prevail.
Article 19
These Detailed Rules shall enter into force on January 1, 2002.
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