THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE COMPANY LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Standing Committee of the National People’s Congress

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

No. 20

The Decision of the Standing Committee of the National People’s Congress on Amending the Company Law of the People’s Republic of China
was adopted at the 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China
on August 28th, 2004. It is hereby promulgated and shall be implemented as of the date of promulgation.

Hu Jingtao, President of the People’s Republic of China

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Company Law of the People’s Republic of
China

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Company Law of the People’s Republic of China as follows:

Paragraph 2 of Article 131 shall be deleted.

This Decision shall be implemented as of the date of promulgation.

The Company Law of the People’s Republic of China shall be re-promulgated after it has been amended in accordance with this Decision.

Standing Committee of the National People’s Congress
2004-08-28

THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE FISHERY LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Standing Committee of the National People’s Congress

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

No. 25

The Decision of the Standing Committee of the National People’s Congress about Amending the Fishery Law of the People’s Republic of
China was adopted at the 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of
China on August 28th, 2004. It is hereby promulgated and shall be implemented as of the date of promulgation.

Hu Jingtao, President of the People’s Republic of China

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Fishery Law of the People’s Republic of
China

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Fishery Law of the People’s Republic of China as follows:

Article 16 (1) shall be amended as “The state encourages and supports the breeding, cultivation and popularization of good aquatics.
No new aquatic may be popularized unless it has been examined and approved by the National Committee for Examination and Approval
of Original Breeding and Good Breeding and has been announced by the fishery administrative department of the State Council.”

This Decision shall be implemented as of the date of promulgation.

The Fishery Law of the People’s Republic of China shall be re-promulgated after it has been amended in accordance with this Decision.

Standing Committee of the National People’s Congress
2004-08-28

THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE HIGHWAY LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Standing Committee of the National People’s Congress

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

No. 19

The Decision of the Standing Committee of the National People’s Congress about Amending the Highway Law of the People’s Republic of
China was adopted at the 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of
China on August 28th, 2004. It is hereby promulgated and shall be implemented as of the date of promulgation.

Hu Jingtao, President of the People’s Republic of China

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Highway Law of the People’s Republic of
China

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Highway Law of the People’s Republic of China as follows:

The First Paragraph of Article 50 shall be amended as “The vehicles that exceed the limit of load, height, width or length of roads,
road bridges, road tunnels or auto ferries are not allowed to run on such roads, road bridges or in such road tunnel or use such
auto ferries. If it is actually necessary for a vehicle exceeding the load limit of a road or road bridge, it shall be subject to
approval of the competent transportation department of local people’s government at or above the county level and shall adopt effective
safety measures as required. If the goods carried by the vehicle exceed the prescribed limits and can’t be divided into pieces, the
vehicle should run at the specified time, along a specified route and at a specified speed and shall hang an obvious mark”

This Decision shall be implemented as of the date of promulgation.

The Highway Law of the People’s Republic of China shall be re-promulgated after it has been amended in accordance with this Decision.

Standing Committee of the National People’s Congress
2004-08-28

THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PROTECTION OF WILD ANIMALS

Standing Committee of the National People’s Congress

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

No. 24

The Decision of the Standing Committee of the National People’s Congress about Amending the Law of the People’s Republic of China
on the Protection of Wild Animals was adopted at the 11th session of the standing committee of the 10th National People’s Congress
of the People’s Republic of China on August 28th, 2004. It is hereby promulgated and shall be implemented as of the date of promulgation.

Hu Jingtao, President of the People’s Republic of China

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Law of the People’s Republic of China
on the Protection of Wild Animals

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Law of the People’s Republic of China on the Protection of Wild Animals as follows:

Paragraph 2 of Article 26 shall be amended as “The establishment of a hunting area open for foreigners shall be reported to the administrative
department of wild animals of the State Council for archival purposes.”

This Decision shall be implemented as of the date of promulgation.

The Law of the People’s Republic of China on the Protection of Wild Animals shall be re-promulgated after it has been amended in accordance
with this Decision.

Standing Committee of the National People’s Congress
2004-08-28

COMPANY LAW OF THE PEOPLE’S REPUBLIC OF CHINA (2004 REVISION)

e00241

Standing Committee of the National People’s Congress

Company Law of the People’s Republic of China (2004 Revision)

(Adopted at the Fifth Session of the Standing Committee of the Eighth National People’s Congress on December 29th, 1993. Revised for
the first time by the thirteenth session of the Standing Committee of the Ninth People’s Congress on December 25th, 1999; Revised
for the second time at the 11th Session of the Standing Committee of the 10th National People’s Congress of the People’s Republic
of China on August 28th, 2004)

ContentsChapter I General Provisions

Chapter II Establishment and Organizational Setup of a Limited Liability Company

Section 1 Establishment

Section 2 Organizational Setup

Section 3 Solely State-owned Company

Chapter III Establishment and Organizational Setup of Joint Stock Company Limited

Section 1 Establishment

Section 2 Shareholder’s Meeting

Section 3 Board of Directors, Manager

Section 4 Supervisory Committee

Chapter IV Issue and Transfer of Shares of a Joint Stock Company Limited

Section 1 Issue of Shares

Section 2 Transfer of Shares

Section 3 Listed Company

Chapter V Corporate Bonds

Chapter VI Financial Affairs and Accounting of a Company

Chapter VII Merger and Division of a Company

Chapter VIII Bankruptcy, Dissolution and Liquidation

Chapter IX Branches of Foreign Companies

Chapter X Legal Responsibilities

Chapter XI Supplementary Provisions

Chapter I General Provisions

Article 1

The law is formulated in conformity with the Constitution with a view to establishing a modern enterprise system, standardizing the
organization and operation of companies, protecting the legitimate rights and interests of companies, shareholders and creditors,
maintaining the socialist economic order and promoting the development of the socialist market economy.

Article 2

The term “company” as used in this law refers to a limited liability company or a joint stock company limited set up within the territory
of the People’s Republic of China pursuant to the provisions of this law.

Article 3

A limited liability company and a joint stock company limited are enterprise legal persons.

With respect to a limited liability company, a shareholder bears the responsibility to the company within the limit of the amount
of investment made by the shareholder and the company shall bear the responsibility for its debts with all its assets.

With respect to a joint stock company limited the entire capital is divided into shares of equal amount and the shareholders bear
responsibilities to their company within the scope of the number of shares they hold and the company shall bear responsibilities
for its debts with all its assets.

Article 4

Shareholders of a company, as capital contributor, shall be enpost_titled to enjoy capital gains, make major policy decisions and choose
managers in proportion to share of the investment they make in the company.

A company shall enjoy all legal person property rights formed by the investment by shareholders, enjoy civil rights, and bear the
civil responsibilities pursuant to law.

Ownership of the State-owned property rights in a company belongs to the State.

Article 5

A company shall operate independently with all its assets, and be responsible for its own profits and losses.

Under the macro-economic control and regulation by the State, a company shall have the autonomy in organizing its own production and
operations in accordance with market demand so as to raise its economic efficiency, step up its productivity and preserve and accrete
the value of its assets.

Article 6

A company shall institute an internal management system with a clear division of power and responsibility, a scientific management,
and a combine mechanism of incentives and restrictions.

Article 7

In changing over to a company, a State-owned enterprise shall first of all change its original operational mechanism, gradually and
systematically make an inventory of its own assets, define its own property right, clear its own credits and debts, appraise its
own assets and establish a standard internal organizational setup pursuant to law and administrative regulations concerned.

Article 8

A limited liability company or a joint stock company limited shall be set up pursuant to this law. Only those that can fulfill the
requirements as stipulated in this law can be registered as limited liability companies or joint stock companies limited; those that
cannot fulfill such requirements cannot be registered as a limited liability company or joint stock company limited.

Article 9

A limited liability company established pursuant to this law shall cover the words “limited liability” in its name.

A joint stock company limited established pursuant to this law shall be clearly indicated as a joint stock company limited in its

Article 10

A company shall make the location of its principal place of business as its address.

Article 11

A company established pursuant to this law shall formulate its Articles of Association that have a binding force on the company, its
shareholders, directors, supervisors and managers alike.

The scope of business shall be defined in the Articles of Association and registered pursuant to law. If the scope of business covers
items restricted by law or administrative regulations, it shall be subject to approval pursuant to law.

A company shall perform its business activities within the scope registered. If a company has revised its Articles of Association
in accordance with legal procedures and registered for alteration with the registration authorities, it may change the scope of business.

Article 12

A company may invest in other limited liability companies or joint stock companies limited and bear responsibility to the companies
in which it has invested in proportion to the amount of investment it has made.

Apart from investment companies and holding companies as specified by the State Council, where a company invests in other limited
liability companies or joint stock companies limited, the aggregate amount of the investment shall not exceed 50% of the net assets
of the company, not including the capital gains of the latter put in by the company from its profits gained from the latter.

Article 13

A company may set up branches, which shall not enjoy the status of enterprise legal persons, and the parent company shall be responsible
for civil liabilities of its branches.

A company may set up subsidiaries which shall enjoy the status of enterprise legal persons and be independently responsible for their
own civil liabilities.

Article 14

In conducting business operations, a company shall observe the law, abide by business ethics, promote socialist culture and ethics,
and accept the supervision by the government and the public.

The legitimate rights and interests of a company shall be safeguarded by law against any infringement.

Article 15

A company shall protect the legitimate rights and interests of its staff and workers, strengthen labor protection, and ensure safe
production. A company shall provide its workers with vocational education and in job training in various forms to improve their working
quality.

Article 16

Workers of a company shall organize a trade union according to the law to carry out trade union activities and protect their legitimate
rights and interests. A company shall provide the necessary conditions for activities of its trade union.

A solely State-owned company or a limited liability company established by more than two State-owned enterprises or by more than two
State-owned investment entities shall exercise democratic management pursuant to the provisions of the Constitution and relevant
laws through the general meetings of the staff and workers or otherwise.

Article 17

The grassroots organizations of the Communist Party of China in a company shall carry out their activities pursuant to the Constitution
of the Communist Party of China.

Article 18

This law applies to limited liability companies established with foreign investment except otherwise laws concerning Sino-foreign
joint equity ventures, Sino-foreign joint cooperative ventures and foreign enterprises.

Chapter II Establishment and Organizational Setup of a Limited Liability Company

Section 1 Establishment

Article 19

The establishment of a limited liability company shall be subject to the fulfillment of the following conditions:

The number of shareholders tallies with that prescribed by law;

The investment contributed by shareholders reaches the minimum amount of capital stipulated by law;

Shareholders participate in the formulation of Articles of Association;

The company has a suitable name and its organizational setup accords with that of a limited liability company.

The company has fixed production or operational site(s) and necessary conditions for production or operations.

Article 20

A limited liability company shall be established by capital contributions made up by at least two and not more than 50 shareholders.
Investment entities or departments authorized by the State may set up limited liability companies with sole State investment.

Article 21

Where a State-owned enterprise set up prior to the implementation of this law can satisfy the condition of a limited liability company
under this law, it may be reorganized into a solely State-owned limited liability company in the case of an investment entity with
a single investor, or into a limited liability company as stipulated in the first paragraph of the preceding Article in the case
of an investment entity with many investors.

The steps and specific methods for State-owned enterprises to convert into companies shall be formulated separately by the State Council.

Article 22

The Articles of Association of a limited liability company shall specify clearly:

Name and address of the company;

Scope of business of the company;

Registered capital of the company;

Names of shareholders;

Rights and obligations of shareholders;

Forms and amount of investment made by shareholders;

Conditions for shareholders to transfer their investment;

The organizations of the company and the methods of establishment, their powers and functions and rules of procedures for meetings;

Legal representative of the company;

10.

Grounds for dissolution of the company and liquidation methods; and

11.

Other matters deemed necessary by shareholders.Shareholders shall sign and seal the Articles of Association of the company.

Article 23

The registered capital is the total amount of investment paid in by all the shareholders registered with the registration department.

The amount of registered capital shall not be less than the amount specified below:

with respect to a company mainly engaging in production operations, RMB500,000;

with respect to a company mainly engaging in wholesales, RMB500,000;

with respect to a company mainly engaging in retail sales, RMB300,000;

with respect to a company engaging in technology development, consulting and services, RMB100,000.

If the minimum amount of registered capital of a limited liability company of a given trade shall be higher than those stipulated
in the preceding paragraph, it shall be determined separately by law or administrative regulations.

Article 24

Shareholders may make their investment in cash, in kind, in industrial property rights, in non-patented technology or land use rights,
which must be correctly assessed and verified in value terms without any over or under-valuation.

The assessment of land use rights in value shall be made pursuant to law or administrative regulations.

The amount of industrial property rights or non-patented technology in value shall not exceed 20 percent of the total value of the
registered capital of a limited liability company, except otherwise provided for by the State for the use of high and new technology.

Article 25

Shareholders shall pay in full their subscribed capital contributions as specified in the Articles of Association. In cases of making
investment in cash, the contribution in cash shall be deposited in full into a temporal account opened by the proposed limited liability
company in a bank. In cases of using investment in kind, industrial property rights, non-patented technology or land use rights,
the procedures for transfer of the property rights shall be completed pursuant to law.

Shareholders who fail to pay in the subscribed amount of investment as stipulated in the preceding paragraph shall be liable to breach
of a contract.

Article 26

After all the shareholders have paid in their investment, the investment shall be verified by a legal investment verification institution
and a certificate shall be produced by the institution.

Article 27

After all the investment paid in by shareholders is verified, a representative designated or an agent commonly commissioned by all
the shareholders shall apply for registration of establishment of the company with the registration department with an application
form for registration, the Articles of Association, investment verification documents and other documents of the company.

If an examination and approval procedure is required by law or administrative regulations, the document of approval shall be submitted
when the applications for establishment and registration are filed.

The company registration department shall grant registration if all the requirements stipulated by this law are fulfilled and issue
business licenses but if the requirements stipulated by this law are not fulfilled, the registration shall be refused.

The date of issue of the company business license shall be the date of establishment of the limited liability company.

Article 28

After the establishment of a limited liability company, if the actual value of the investment in kind, industrial property rights,
non-patented technology or land use rights are found to be apparently lower than the values set for in the Articles of Association
of the company, the shortage shall be made good by the shareholder(s) concerned with the other shareholder bearing joint responsibility.

Article 29

Where a limited liability company sets up branches at the time of its establishment, it shall apply for registration to obtain business
licenses for the branches.

Where a limited liability company sets up a branch or branches after its establishment, the legal representative of the company shall
apply for registration of the branch of branches to obtain business license(s).

Article 30

After the establishment, a limited liability company shall issue certificates of investment to shareholders. A certificate of investment
shall specify clearly:

Name of the company;

Date of registration of the company;

Registered capital of the company;

Names of shareholder, amount of investment paid in and the date of payment; and

Serial number and date of issue of the certificates of investment. Certificates of investment shall be affixed with the seal of the
company.

Article 31

A limited liability company shall keep a list of its shareholders with the following specified items:

Names or both names and address of shareholders;

Amount of investments paid in by the shareholders;

Serial number of the certificates of investment.

Article 32

Shareholders of a company shall have the right to review the minutes of meetings of shareholders and the financial and accounting
statements of their company.

Article 33

Shareholder shall get dividends in proportion to the amount of investment they have made. Where a company wants to increase its capital,
its shareholders have the priority of subscription.

Article 34

Shareholders are prohibited to withdraw their investment after the registration of the company.

Article 35

Shareholders may transfer to each other all or part of their investment.

With respect to transferring the investment to other people other than other shareholders of the company, a shareholder must get the
consent of the simple majority of the shareholders.

Shareholders who disapprove of the transfer shall buy the shares of investment to be transferred. If they fail to buy the shares,
it shall be regarded as approval of the transfer.

With respect to the investment shares having been approved to be transferred, other shareholders shall have the priority for the purchase
under the same conditions.

Article 36

After a shareholder has transferred its investment pursuant to law, the company shall record the name(s) and address(es) of the transferee(s)
and the amount of investment transferred in the list of shareholders.

Section 2 Organizational Setup

Article 37

The meeting of shareholders of a limited liability company shall be made up of all shareholders. The meeting of shareholders shall
be the authoritative organization of the company and exercises its powers pursuant to this law.

Article 38

The meeting of shareholders shall exercise the following powers:

To decide upon the operation policies and investment plans of the company.

To elect and replace directors and decide on matters relating to remuneration to directors.

To elect and replace the supervisors who are the representatives of shareholders and decide on the payment to supervisors.

To examine and approve the reports by the board of directors.

To examine and approve the reports by the supervisory committee or individual supervisors.

To examine and approve the annual financial and budget plan and financial accounting plan of the company.

To examine and approve the plans for company’s profit distribution and losses recovery.

To pass resolutions on the increase or decrease of registered capital.

To pass resolutions on the issue of bonds.

10.

To pass resolutions on the transfer of investment by shareholders to people other than shareholders.

11.

To pass resolutions on issues as merger, division, change in corporate form, dissolution and liquidation and other affairs of the
company.

12.

To revise the Articles of Association of the company.

Article 39

Methods of discussion and voting procedures of the meeting of shareholders shall be stipulated in the Articles of Association except
otherwise stipulated by this law.

The resolution on the increase or decrease of registered capital, division, merger, dissolution or change of corporate form of the
company must be agreed by shareholders representing two-thirds of the voting rights.

Article 40

A company may revise its Articles of Association.

The resolution on the revision of the Articles of Association must be agreed by shareholders representing over two-thirds of the voting
rights.

Article 41

In a meeting of shareholders, the voting rights shall be exercised in proportion to the amount of investment made by shareholders.

Article 42

The first meeting of the shareholders shall be convened and presided over by the shareholder whose capital contribution is the largest.

Such shareholder shall exercise its rights pursuant to the provisions of this law.

Article 43

Meetings of shareholders shall be of regular meetings and irregular meetings.

Regular meetings shall be called pursuant to the provisions of the Articles of Association of the company. Irregular meetings may
be called upon the motion by shareholders who represent over one-fourth of the voting rights or by over one-third of the directors
or supervisors.

Where a limited liability company has a board of directors, the meeting of shareholders shall be called by the board of directors
and presided over by the chairman of the board of directors. If the chairman of the board of directors is unable to perform the duty
due to special reasons, the meetings shall be presided over by a vice-chairman of the board of directors or a director designated
by the chairman of the board of directors.

Article 44

Where a meeting of shareholders is to be held, notice shall be given to all the shareholders 15 days before the meeting is held.

The meeting of shareholders shall keep minutes on matters discussed and to be signed by shareholders present.

Article 45

The board of directors of a limited liability company shall be made up of 3 to 13 persons.

With respect to a board of directors established by at least two State-owned enterprises or by at least two State-owned investment
entities, members of its board of directors shall include representatives of workers, who are to be elected by the workers through
democratic processes.

A board of directors shall have a chairman and may have one to two vice-chairmen. The method of election of the chairman and vice-chairmen
of the board of directors shall be stipulated in the Articles of Association of the company.

The chairman of the board of directors is the legal representative of the company.

Article 46

The board of directors shall be responsible to the meeting of shareholders and exercises the following powers:

To convene meetings of shareholders and report work to the meetings of shareholders.

To execute the resolutions passed by the meetings of shareholders.

To decide on the operation and investment plans.

To formulate the company’s annual financial budget and final accounts.

To formulate the profit distribution and losses recovery plans.

To formulate plans for increasing or decreasing registered capital of the company.

To draft plans for merger, division, change of corporate form and dissolution of the company.

To decide on the organizational setup of the company.

To appoint or dismiss manager (general manager) of the company (hereinafter referred to as “manager”), appoint or dismiss deputy managers
and financial officers of the company in accordance with the recommendation by the manager and decide on their remuneration.

10.

To formulate the basic management systems of the company.

Article 47

The term of office for the chairman of the board of directors shall be stipulated in the Articles of Association, in case that each
term of the office shall not be longer than three years. The chairman of the board of directors may be re-elected upon the expiration
of the term to serve another term.

Before the term of office of a director expires, the meeting of shareholders may not dismiss him (her) from his (her) posts without
justifiable reasons.

Article 48

The meetings of the board of directors shall be convened and presided over by the chairman of the board of directors. If the chairman
of the board of directors is unable to perform his (her) duty due to special reasons, a vice-chairman of the board of directors or
a director designated by the chairman of the board of directors shall convene and preside over the meetings. A meeting of the board
of directors may be called upon the motion by at least one-third of the directors.

Article 49

The method of discussion and the procedures of voting at the meeting of the board of directors shall be stipulated in the Articles
of Association except otherwise stipulated in this law.

As regarding a meeting of the board of directors, a notice shall be given to the directors concerned 10 days before the meeting is
held.

The board of directors shall keep minutes of meetings made on the matters discussed and being signed by the directors present.

Article 50

A limited liability company shall have a manager, subject to appointment or dismissal by the board of directors. The manager shall
be responsible to the board of directors and exercise the following powers:

To be in charge of the company’s production operations and management of the company and organize the implementation of the decisions
of the board of directors.

Implementation of the annual operation and investment plans of the company.

To formulate the internal organizational setup plan.

To formulate the basic management system of the company.

To formulate specific rules and regulations of the company.

To propose the appointment or dismissal of deputy managers and financial officers of the company.

To appoint or dismiss management officers other than those required to be appointed or dismissed by the board of directors.

Other powers conferred by the Articles of Association and the board of directors. The manager shall attend the meeting of the board
of directors as a non-voting member.

Article 51

Where a limited liability company with a small number of shareholders and a small scale of operation, it may have one sole executive
director instead of the board of directors. The executive director may concurrently serve as the manager of the company.

The powers and functions of the managing director shall be defined in the Articles of Association pursuant to the provisions of Article
46 of this law.

Where a limited liability company has no board of directors, the managing director shall be the legal representative.

Article 52

A limited liability company with a relatively large scale of operation shall have a supervisory committee made up of not less than
three members and a convenor elected among the members.

The supervisory committee shall include representatives of shareholders and a certain proportion of workers’ representatives. The
specific proportion shall be specified in the Articles of Association.

The workers’ representatives to the supervisory committee shall be elected by workers through democratic process.

A limited liability company with a relatively small number of shareholders and of a small operation scale may have one to two supervisors.

Director, manager and financial officer of a company shall not concurrently serve as supervisors.

Article 53

The term of office of a supervisor is three years, upon the expiration of the term, a supervisor may be reappointed and serve another
term.

Article 54

The supervisory committee or individual supervisors of a company exercise the following powers:

To check up on the financial affairs of the company;

To supervise the law and regulation violating acts or the Articles of Association of directors and manager in performing their duties;

To request directors or manager to remedy their acts whenever such acts harm the interests of the company;

To propose the convening of an interim shareholders’ meeting; and

To exercise other powers as stipulated in the Articles of Association. Supervisors shall attend the meeting of the board of directors
as non-voting members.

Article 55

Whenever considering and deciding on wages, welfares, production safety of the staff and workers and labor protection and labor insurance
and other issues concerning the personal interests of the staff and workers, opinions of the trade union and the workers of the company
shall first of all be solicited and representatives of the trade union or workers shall be invited as observers to meetings concerned.

Article 56

Opinions and suggestions of the trade union and workers of the company shall also be solicited when considering and deciding on major
issues concerning the operation of the company and when major rules and regulation are formulated for the company.

Article 57

The following persons may not serve as the director, supervisor or manager of a company:

persons without or with restricted civil capacity;

persons who have committed the offences of corruption, bribery, infringement of property, misappropriation of property or sabotaging
the social economic order, and have been sentenced to criminal penalties, where less than five years have elapsed since the date
of completion of the sentence; or persons who have been deprived of their political rights due to criminal offense, where less than
five years have elapsed since the date of the completion of this deprivation;

persons who are former directors, factory directors of managers of a company or enterprise which has become bankrupt and been liquidated
as a result of mismanagement and are personally liable of bankruptcy of such company or enterprise, where less than three years have
elapsed since the date of completion of the bankruptcy and liquidation of the company or enterprise.

persons who were legal representatives of a company or enterprise which had its business licence revoked due to a violation of the
law and who are personally liable, where less than three years have been elapsed since the date of the revocation of the business
licence;

persons who have a relatively large amount of debts due and outstanding.

The election or appointment for directors, supervisors or manager of a company shall become invalid if not in conformity with the
preceding provisions.

Article 58

Civil servants of the State are not allowed to serve as directors, supervisors or managers of companies.

Article 59

Directors, supervisors and manager of a company shall abide by the Articles of Association, perform their duties faithfully, and safeguard
the interests of the company. They are not allowed to exploit their positions and powers in the company for personal gains.

Directors, supervisors or manager of a company are not allowed to exploit their position to accept bribes or other illegal income
or wrongfully take over the company property.

Article 60

Directors or manager of a company are not allowed to misappropriate the funds of the company or loan such funds to others.

Directors or manager of a company are not allowed to deposit the assets of the company in their own or other personal bank accounts.

Directors or manager of a company shall not provide assets of the company as guarantee for the debts owed by shareholders of the company
or by others.

Arti

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON AMENDING THE REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON ACADEMIC DEGREES

Standing Committee of the National People’s Congress

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

No. 27

The Decision of the Standing Committee of the National People’s Congress on Amending the Regulations of the People’s Republic of China
on Academic Degrees, which was adopted at the 11th session of the Standing Committee of the Tenth National People’s Congress of the
People’s Republic of China, is hereby promulgated, and shall be implemented as of the date of its promulgation.

Hu Jintao, President of the People’s Republic of China

August 28th, 2004

Decision of the Standing Committee of the National People’s Congress on Amending the Regulations of the People’s Republic of China
on Academic Degrees

The 11th Session of the Standing Committee of the Tenth National People’s Congress decides to make the following revision on the Regulations
of the People’s Republic of China on Academic Degrees:

Paragraph 2 of Article 9 shall be amended as: “A dissertation defense committee must include relevant experts from other entities,
and the committee members shall be selected and determined by the degree-conferring entity concerned. The name list of the members
of the academic degree evaluation committee shall be determined by the degree-conferring entity, and shall be reported to and put
on records at the relevant departments of the State Council and the Academic Degrees Committee of the State Council.”

The present Decision shall be implemented as of the date of its promulgation.

The Regulations of the People’s Republic of China on Academic Degrees shall be re-promulgated after being amended in accordance with
the present Decision.

Standing Committee of the National People’s Congress
2004-08-28

FISHERIES LAW OF THE PEOPLE’S REPUBLIC OF CHINA (2004 REVISION)

Standing Committee of the National People’s Congress

Fisheries Law Of The People’s Republic Of China (2004 Revision)

(Adopted at the 14th Session of the Standing Committee of the National People’s Congress and promulgated by Order No. 34 of the President
of the People’s Republic of China on January 20th, 1986; amended for the first time according to the “Decision of the Standing Committee
of the National People’s Congress on the Amendment of the Fishery Law of the People’s Republic of China” at the Eighteenth Session
of the Standing Committee of the Ninth National People’s Congress on October 31st, 2000; amended for the second time according to
the “Decision of the Standing Committee of the National People’s Congress on the Amendment of the Fishery Law of the People’s Republic
of China” at the Eleventh Session of the Standing Committee of the Tenth National People’s Congress on August 28th, 2004)

ContentsChapter I General Provisions

Chapter II Aquaculture

Chapter III Fishing

Chapter IV Increase and Protection of Fishery Resources

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated with a view to strengthening the protection, growth, development and rational utilization of fishery resources,
developing artificial cultivation, protecting fishery workers’ lawful rights and interests and boosting fishery production, so as
to fulfill the requirements of socialist construction and the needs of the people.

Article 2

All productive activities of fisheries, such as engaging in aquaculture and catching or harvesting of aquatic animals and plants in
the inland waters, tidal flats and territorial waters of the People’s Republic of China, or in other sea areas under the jurisdiction
of the People’s Republic of China, must abide by this Law.

Article 3

Regarding fishery production, the state shall adopt a policy that calls for simultaneous development of aquaculture, fishing and processing,
with special emphasis on aquaculture and with priority given to different pursuits in line with local conditions.

People’s governments at various levels shall cover fishery production into their economic development plans and take measures to enhance
the overall planning and comprehensive utilization of water areas.

Article 4

The state shall encourage research in fishery science and technology as well as popularization of advanced technology so as to improve
the level of the country’s fishery science and technology.

Article 5

People’s governments at various levels shall give moral encouragement or material awards to entities and individuals who make outstanding
contributions to the increase and protection of fishery resources, to development of fishery production, or to research in fishery
science and technology.

Article 6

The department of fishery administration under the State Council shall be in charge of the administration of fisheries throughout
the country. Departments of fishery administration under people’s governments at the county level or above shall be in charge of
fisheries in their respective areas. These departments shall be authorized to set up fishery superintendency agencies in important
fishing areas and fishing ports. Departments of fishery administration under people’s governments at or above the county level and
their fishery superintendency agencies may appoint fishery inspectors who will implement assignments entrusted thereto by those departments
and agencies.

Article 7

Supervision over and administration of fisheries shall adhere to the principle of unified leadership and decentralized administration.

Marine fishery shall be under the superintendence of departments of fishery administration under the people’s governments of provinces,
autonomous regions and centrally-administered municipalities contiguous to the sea, with the exception of those sea areas and fishing
grounds with specially designated fishery resources that the State Council has placed under direct administration of its fishery
department and subordinate fishery superintendency agencies.

Fishery in rivers and lakes shall be subject to the superintendence of the departments of fishery administration under the relevant
people’s governments at or above the county level in conformity with administrative divisions. Fishery administration for water areas
that straddle several administrative divisions shall be decided by the relevant people’s governments at or above the county level
through consultation or placed under the superintendence and management by the departments of fishery administration of people’s
governments at the next higher level and their subordinate fishery superintendency agencies.

Article 8

Foreigners and foreign fishing vessels must obtain permission from the relevant department under the State Council prior to entering
the territorial waters of the People’s Republic of China to carry out fishery production or investigations of fishery resources,
and must observe this Law and other relevant laws and regulations of the People’s Republic of China. If those persons and vessels
belong to countries that have entered into relevant accords or agreements with the People’s Republic of China, their activities shall
be conducted in conformity with those accords or agreements.

State fishery administration and fishing port superintendency agencies shall conduct administrative and supervisory authority over
external relations relating to fisheries and fishing ports.

Article 9

Neither the department in charge of fishery administration as well as its institutions for the supervision over and administration
of fishery nor their staff shall participate or be engaged in the activities of fishery production and operation.

Chapter II Aquiculture

Article 10

The state shall encourage entities under ownership by the whole people, entities under collective ownership and individuals to make
the best use of suitable water surfaces and tidal flats to develop aquaculture.

Article 11

The State shall make united programming on utilization of water areas, and determine which water areas and beaches may be utilized
for aquatic breeding industry. Where an entities or an individual uses a water area or beach with ownership by the whole people which
is determined by the State programming to be used for aquatic breeding industry, the user shall apply to the department in charge
of fishery administration of the local people’s government at or above the county level for the aquatic breeding certificate which
shall be examined and issued by the people’s government at the same level. With this certificate, the user is permitted to undertake
aquatic breeding production in the aforesaid water area or beach. Specific measures for the examination and issuance of aquatic breeding
certificates shall be provided for by the State Council.

Water areas and beaches with collective ownership or with ownership by the whole people but used by the agricultural collective business
organization may be individually or collectively contracted for aquatic breeding production.

Article 12

The local people’s government at the county level or above shall give precedence to the local fishery producers while checking and
issuing aquatic breeding certificates.

Article 13

Where any dispute arises between the parties due to the aquatic breeding production with a water area or beach determined by the State
programming to be used for aquatic breeding industry, it shall be handled in line with the procedures prescribed in relevant laws.
Before the dispute is settled, neither party shall destroy the aquatic breeding production.

Article 14

Where a water area or beach with collective ownership is requisitioned for use for State construction, it shall be handled in conformity
with the provisions pertaining to the requisition of land in the Law of the People’s Republic of China on Administration of Land.

Article 15

The local people’s government at the county level or above shall take measures to enhance its protection on the production bases of
commercial fish and the key water areas for aquatic breeding in the suburban areas of the city.

Article 16

The state shall encourage and support the breeding, cultivation and popularization of good aquatics. No new aquatic may be popularized
unless it has been examined and approved by the National Committee for Examination and Approval of Original Breeding and Good Breeding
and has been announced by the fishery administrative department of the State Council.

The import and export of aquatic fingerlings shall be examined and approved by the department in charge of fishery administration
of the State Council or of the provincial, autonomous regional, municipal people’s governments.The production of aquatic fingerlings
shall be examined and approved by the department in charge of fishery administration of the local people’s government at the county
level or above, with an exception of the aquatic fingerlings cultivated or used by the fishery producers themselves.

Article 17

Quarantine must be executed for the import and export of aquatic fingerlings so as to prevent disease from passing into or out of
the territory. Specific quarantine work shall be carried out in conformity with the provisions in the laws and administrative regulations
on the quarantine of animals and plants imported and exported.

The safety for imported transgenosis aquatic fingerlings must be evaluated. Specific administration shall be carried out in conformity
with relevant provisions of the State Council.

Article 18

The department in charge of fishery administration of the local people’s government at the county level or above shall enhance technical
guidance and disease prevention for the aquatic breeding production.

Article 19

Baits or feedstuff containing poisonous or harmful substances shall not be used in the aquatic breeding production.

Article 20

In the aquatic breeding production, the ecological environment of water areas shall be protected, and the aquatic breeding density
shall be scientifically determined, baits be rationally cast, fertilizer be reasonably thrown, and medicament be sensibly used. The
water areas shall not be polluted.

Chapter III Fishing

Article 21

The State shall take measures in finance, credit and taxation to encourage and support the development of ocean fishery industry,
and arranges continental-river and inshore fishing pursuant to the fishable amount of the fishery resources.

Article 22

The State shall determine the total fishable amount of the fishery resources and implements fishing quota system in conformity with
the principle that the fishing amount shall be lower than the growth amount of the fishery resources. The department in charge of
fishery administration of the State Council shall be responsible for organizing the investigation and evaluation of fishery resources,
and provide scientific basis for the implementation of the fishing quota system. The total amount of the fishing quota for inland
seas, territorial seas, exclusive economic zones and other jurisdictional seas of the People’s Republic of China shall be determined
by the department in charge of fishery administration of the State Council, and shall be distributed and reported to the governments
level by level after it is submitted to and approved by the State Council. The total amount of the fishing quota for important rivers
and pools determined by the State shall be determined by relevant provincial, autonomous regional, municipal people’s governments
or determined through consultation, and shall be distributed and reported level by level. The distribution of the total amount of
the fishing quota shall embody the principle of fairness and justness. The distribution methods and distribution results must be
open to the society and be supervised.

The department in charge of fishery administration of the State Council and of the provincial, autonomous regional, municipal people’s
governments shall strengthen its supervision and inspection over the implementation of the fishing quota system. As regarding the
amount which exceed the fishing quota target required by the upper level, the aforesaid department shall check and reduce its fishing
quota of the next year.

Article 23

The State shall implement fishing license system on fishery industry.

The fishing licenses for large scale dragnet and pursue net operation on the sea and the fishing operation on the mutually administered
fishing areas determined by the agreement concluded between the People’s Republic of China and a relevant country or the fishing
operation on the high seas shall be approved and issued by the department in charge of fishery administration of the State Council.
The fishing licenses for other operations shall be approved and issued by the department in charge of fishery administration of the
local people’s government at the county level or above. However, the fishing licenses approved and issued for operations on the sea
shall not exceed the target required by the State on the control of vessel and net facilities. Specific measures shall be prescribed
by the provincial, autonomous regional, municipal people’s governments.

Fishing licences may not be sold, leased or transferred by other illegal means, nor they may be altered.

Fishing operations on jurisdictional seas of other countries shall be approved by the department in charge of fishery administration
of the State Council, and observe relevant treaties and agreements concluded or acceded to by the People’s Republic of China and
the laws of relevant countries.

Article 24

A fishing license may be issued to the applicant only if he satisfies the following conditions:

(1)

he has the fishing vessel inspection certificate;

(2)

he has the fishing vessel registration certificate;

(3)

he satisfies other conditions prescribed by the department in charge of fishery administration of the State Council.

The fishing certificates approved and issued by the department in charge of fishery administration of the local people’s government
at the county level or above shall accord with the fishing quota target required by the department in charge of fishery administration
of the people’s government at the upper level.

Article 25

The entity or individual engaged in fishing operation must abide by the provisions in the fishing license on type of operation, location,
time limit, quantity of fishing facilities and fishing quota, and observe relevant provisions of the State on the protection of fishery
resources. Large scale fishing vessels shall keep fishing logs.

Article 26

Vessels that are produced, rebuilt, purchased and imported for shipping operation must be checked and proved qualified by the fishing
vessel inspection department before it is launched for operation. Specific measures shall be prescribed by the State Council.

Article 27

The construction of fishing harbors shall comply with the State’s united programming, and the principle of benefiting the investors
shall be implemented. The local people’s government at the county level or above shall strengthen its supervision and administration
over the fishing harbors located in its own administrative region, and maintain the normal order of these fishing harbors.

Chapter IV Increase and Protection of Fishing Resources

Article 28

Departments of fishery administration under the people’s governments at and above the county level shall work out overall plans and
take measures to increase fishery resources in the fishery waters under their jurisdiction. These departments may collect fees from
the entities and individuals profited by the use of such waters and devote the money thus collected to the growth and protection
of fishery resources. The procedures for collecting such fees shall be stipulated by the department of fishery administration and
the department of finance under the State Council, and must be approved by the State Council before coming into force.

Article 29

The State shall protect germ plasm resources of aquatic products and their surviving environment, and establish preservation areas
for germ plasm resources of aquatic products in the main regions where germ plasm resources of aquatic products with high economic
value and heredity and breeding value can increase and breed. No entity or individual shall be engaged in fishing activities in the
preservation areas for germ plasm resources of aquatic products without the approval by the department in charge of fishery administration
of the State Council.

Article 30

Such methods of destroying fishery resources as killing fish by explosion, with poison or with electricity, etc. are banned for fishing.
It is banned to produce, sell or use prohibited fishing facilities. It is banned to go fishing in the prohibited fishing areas or
within the prohibited fishing periods. It is banned to go fishing with nets smaller than the smallest size of mesh. The undersized
fish among the fishing gains shall not exceed the stipulated proportion. It is banned to sell illegally fished fishing gains in the
prohibited fishing areas or within the prohibited fishing periods.

The varieties of fishery resources under key protection as well as their fishable standards, the prohibited fishing areas and the
prohibited fishing periods, fishing facilities and fishing methods banned to be used, the smallest size of mesh, and other measures
to protect fishery resources shall be prescribed by the department in charge of fishery administration of the State Council or of
the provincial, autonomous regional, municipal people’s governments.

Article 31

Catching fry of aquatic animals of important economic value shall be prohibited. Catching fry of aquatic animals of important economic
value or spawning aquatic animals under protection for artificial breeding or for other special purposes must be approved by the
department of fishery administration under the State Council or by departments of fishery administration under the people’s governments
of provinces, autonomous regions, and municipalities directly under the Central Government, and it must be conducted in the designated
areas and times and strictly in conformity with the quotas assigned.

Measures shall be adopted to protect fry of aquatic animals when channeling or using water from water areas that specialize in producing
such fry.

Article 32

When building sluices and dams which will have serious impact on fishery resources on the migration routes of fish, shrimp and crabs,
the construction entities must build fish passages or adopt other remedial measures.

Article 33

With respect to water bodies that are used for fisheries and also serve the purposes of water storage and regulation and irrigation,
the departments concerned shall fix the lowest water level required for fishery.

Article 34

It shall be banned to reclaim land from lakes. Without approval from a people’s government at or above the county level, it shall
be prohibited to enclose tidal flats for cultivation and no one shall be allowed to reclaim land from water areas that are used as
major seedling producing centres and aquatic breeding grounds.

Article 35

With respect to conducting underwater explosions, exploration and construction that may have serious impact on fishery resources,
the construction entities shall consult in advance with the department of fishery administration under the relevant people’s government
at or above the county level and take measures to prevent or minimize the damage to fishery resources. In case any damages to fishery
resources occur therefrom, the relevant people’s government at the county level or above shall order the responsible party to bear
compensation.

Article 36

The people’s governments at all levels shall take measures to safeguard and improve the ecological environment of fishery water areas,
prevent and cure pollution.

The supervision over and administration of the ecological environment of fishery water areas as well as the investigation and treatment
of fishery pollution accidents shall be implemented in conformity with relevant provisions in the Law of the People’s Republic of
China on the Protection of Sea Environment and the Law of the People’s Republic of China on the Prevention and Cure of Water Pollution.

Article 37

The State shall conduct key protection on aquatic wild animals which are valuable or in severe danger such as white-flag dolphins,
etc. in order to prevent them from extinction. It is banned to fish and kill, or hurt the aquatic wild animals under the State’s
key protection. Where it is needed to fish the aquatic wild animals under the State’s key protection due to scientific research,
domestication and breeding, exhibition or other special circumstances, it shall be carried out in line with the provisions in the
Law of the People’s Republic of China on the Protection of Wild Animals.

Chapter V Legal Liability

Article 38

Where the methods of destroying fishery resources such as killing fish by explosion, with poison or with electricity, etc. are used
for fishing, the provisions on banned fishing areas or banned fishing periods are violated in fishing, or banned fishing facilities,
fishing methods or nets smaller than the smallest size of mesh are used for fishing, or the undersized fish among the fishing gains
exceeds the stipulated proportion, the fishing gains and illegal proceeds shall be confiscated, and a fine of not more than 50,000
yuan shall be imposed; if the case is gross, the fishing facilities shall be confiscated and the fishing license shall be rescinded;
if the case is particularly serious, the fishing vessel may be confiscated; if such acts commit a crime, criminal liabilities shall
be prosecuted pursuant to the law.

The department in charge of fishery administration of the local people’s government at the county level or above shall in time investigate
and dispose of the acts of selling illegally fished fishing gains in the banned fishing areas or within the banned fishing periods.

In case fishing facilities prohibited to be used are produced or sold, the illegally produced or sold fishing facilities and the illegal
proceeds shall be confiscated, and a fine of not more than 10,000 yuan shall be imposed.

Article 39

With respect to anyone who steals or loots the aquatic products bred by others or destroy the breeding water or breeding facilities
of others, he shall be ordered to remedy his acts, and may be imposed a fine of not more than 20,000 yuan; if such acts cause any
damage to others, he shall bear the compensation liability pursuant to the law; if such acts commit a crime, criminal liabilities
shall be prosecuted pursuant to the law.

Article 40

Where a water area or beach with ownership by the whole people used for aquatic breeding production lies waste for one year or longer
without any justifiable reason, the authority which issues the aquatic breeding certificate shall order the user to develop and utilize
it within a time limit; in case the user fail to develop and utilize it within the time limit, his aquatic breeding certificate shall
be rescinded, and a fine of not more than 10,000 may also be imposed.

With respect to anyone who is engaged in aquatic breeding production in a water area with ownership by the whole people without permission
before obtaining the aquatic breeding certificate according to the law, he shall be ordered to remedy his acts, and re-apply for
the aquatic breeding certificate or dismantle the aquatic breeding facilities within a time limit.

With respect to anyone who is engaged in aquatic breeding production in a water area with ownership by the whole people prior to obtaining
the aquatic breeding certificate according to the law or who exceeds the permitted fishing scope in the aquatic breeding certificate,
thus hinders water carriage or flood drainage, he shall be ordered to dismantle the aquatic breeding facilities within a time limit,
and may be imposed a fine of not more than 10,000 yuan.

Article 41

With respect to anyone who goes fishing without permission prior to obtaining the fishing license pursuant to the law, the fishing
gains and illegal proceeds shall be confiscated, and a fine of not more than 100,000 yuan shall be imposed; if the case is gross,
the fishing facilities and the fishing vessel may also be confiscated.

Article 42

With respect to anyone who goes fishing in violation of the provisions in the fishing license on type of operation, location, time
limit, quantity of fishing facilities, the fishing gains and illegal proceeds shall be confiscated, and a fine of not more than 50,000
yuan may also be imposed; if the case is serious, the fishing facilities may also be confiscated and the fishing license be rescinded.

Article 43

Where the fishing license is altered, bought, sold, leased or otherwise transferred, the illegal proceeds shall be confiscated, and
the fishing license be revoked, and a fine of not more than 50,000 yuan may also be imposed; where the acts of forging, mutilating,
buying or selling the fishing license commit a crime, criminal liabilities shall be prosecuted pursuant to the law.

Article 44

Where the aquatic fingerlings are illegally produced, imported or exported, the fingerlings and illegal proceeds shall be confiscated,
and a fine of not more than 50,000 yuan shall be imposed.With respect to anyone who is engaged in feeding aquatic fingerlings without
being examined, determined and approved, he shall be ordered to cease the operation immediately, the illegal proceeds shall be confiscated,
and a fine of not more than 50,000 yuan may also be imposed.

Article 45

With respect to anyone who is engaged in fishing activities in an preservation area for germ plasm resources of aquatic products without
permission, he shall be ordered to cease fishing immediately, the fishing gains and fishing facilities shall be confiscated, and
a fine of not more than 10,000 yuan may also be imposed.

Article 46

Where a foreigner or a foreign fishing vessel violates the provisions in this Law by entering the jurisdictional water areas of the
People’s Republic of China to be engaged in fishery production or activities for investigation of fishery resources, he/it shall
be ordered to leave or be banished, the fishing gains and fishing facilities may be confiscated, and a fine of not more than 500,000
yuan may also be imposed; if the case is serious, the fishing vessel may be confiscated; if such acts commit a crime, criminal liabilities
shall be prosecuted pursuant to the law.

Article 47

With respect to anyone who destroys the ecological environment of fishery water areas or causes any fishery pollution accident, his
legal liabilities shall be prosecuted pursuant to the provisions in the Law of the People’s Republic of China on the Protection of
Sea Environment and the Law of the People’s Republic of China on the Prevention and Cure of Water Pollution.

Article 48

The administrative penalties stipulated in this Law shall be decided by the department in charge of fishery administration of the
people’s government at the county level or above as well as its institutions for the supervision and administration of fishery, unless
that this Law has already stipulated the penalty authority.

Where, in the execution of law on the sea, there are clear facts and sufficient evidence for the acts of fishing by violating the
provisions on banned fishing areas or banned fishing periods or by using banned fishing facilities, fishing methods, and the acts
of fishing without obtaining the fishing license, but the administrative penalty decision cannot be made or enforced in presence
in conformity with legal procedures, the fishing license, fishing facilities or fishing vessel may be temporarily distrained in advance,
and the administrative penalty decision shall be made and enforced in the harbor pursuant to the law.

Article 49

Where the department in charge of fishery administration and its institutions for the supervision over and administration of fishery
as well as their staff violate the provisions in this Law in checking and issuing licenses, distributing fishing quota or in the
activities of fishery production and operation, or conduct other acts of neglecting their duty and not performing the legal obligations,
abusing the administrative power, practicing fraudulence for personal interests, they shall be subject to administrative sanctions
pursuant to the law; if such acts commit a crime, criminal liabilities shall be prosecuted pursuant to the law.

Chapter VI Supplementary Provisions

Article 50

This Law shall be implemented as of July 1st, 1986.

Standing Committee of the National People’s Congress
2004-08-28

PROTECTION OF WILDLIFE LAW

Law of the People’s Republic of China on the Protection of Wildlife



	(Adopted at the Fourth Meeting of the Standing Committee of the Seventh National People’s Congress on November 8, 1988 and promulgated by Order No.9 of the President of the People’s Republic of China on November 8, 1988; amended according to the Decision on Amending the Law of the People’s Republic of China on the Protection of Wildlife, adopted at the 11th Meeting of the Standing Committee of the Tenth National People’s Congress on August 28, 2004) Contents Chapter I General Provisions Chapter II Protection of Wildlife Chapter III Administration of Wildlife Chapter IV Legal Liabilities Chapter V Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for the purpose of protecting and saving the species of wildlife which are rare or near extinction, protecting, developing and rationally utilizing wildlife resources and maintaining ecological balances. Article 2 All activities within the territory of the People’s Republic of China concerning the protection, domestication, breeding, development and utilization of species of wildlife must be conducted in conformity with this Law. The wildlife protected under this Law refers to the species of terrestrial and aquatic wildlife which are rare or near extinction and the species of terrestrial wildlife which are beneficial or of important economic or scientific value. The wildlife referred to in the provisions of this Law means the wildlife which shall enjoy protection as prescribed in the preceding paragraph. As regards the protection of the species of aquatic wildlife other than those which are rare or near extinction, the provisions of the Fisheries Law shall apply. Article 3 Wildlife resources shall be owned by the State. The state protects the lawful rights and interests of units and individuals engaged in the development or utilization of wildlife resources according to law. Article 4 The State pursues a policy of strengthening the protection of wildlife resources, actively domesticating and breeding the species of wildlife, and rationally developing and utilizing wildlife resources, and encourages scientific research on wildlife. Units and individuals that have made outstanding achievements in the protection of wildlife resources, in scientific research on wildlife, or in the domestication and breeding of wildlife shall be awarded by the government. Article 5 Citizens of the People’s Republic of China shall have the duty to protect wildlife resources and the right to inform the authorities of or file charges against acts of seizure or destruction of wildlife resources. Article 6 The governments at various levels shall strengthen the administration of wildlife resources and formulate plans and measures for the protection, development and rational utilization of wildlife resources. Article 7 The departments of forestry and fisheries administration under the State Council shall be respectively responsible for the nationwide administration of terrestrial and aquatic wildlife. The departments of forestry administration under the governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of terrestrial wildlife in their respective areas. The departments in charge of the administration of terrestrial wildlife under the governments of autonomous prefectures, counties and municipalities shall be designated by the governments of provinces, autonomous regions or municipalities directly under the Central Government. The departments of fishery administration under the local governments at or above the county level shall be responsible for the administration of aquatic wildlife in their respective areas. Chapter II Protection of Wildlife Article 8 The State protects wildlife and the environment for its survival, and prohibits the illegal hunting, catching or destruction of wildlife by any unit or individual. Article 9 The State gives special protection to the species of wildlife which are rare or near extinction. The wildlife under special state protection shall consist of two classes: wildlife under first class protection and wildlife under second class protection. Lists or revised lists of wildlife under special state protection shall be drawn up by the administrative department for wildlife under the state Council and announced after being submitted to and approved by the State Council. The wildlife under special local protection, being different from the wildlife under special state protection, refers to the wildlife specially protected by provinces, autonomous regions or municipalities directly under the Central Government. Lists of wildlife under special local protection shall be drawn up and announced by the governments of provinces, autonomous regions or municipalities directly under the Central Government and shall be submitted to the State Council for the record. Lists or revised lists of terrestrial wildlife under state protection, which are beneficial or of important economic or scientific value, shall be drawn up and announced by the administrative department for wildlife under the State Council. Article 10 The administrative department for wildlife under the State Council and governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in the main districts and water areas where wildlife under special state or local protection lives and breeds, designate nature reserves and strengthen the protection and administration of wildlife under special state or local protection and the environment for its survival. The designation and administration of nature reserves shall be effected in accordance with the relevant provisions of the State Council. Article 11 Administrative departments for wildlife at various levels shall keep watch on and monitor the impact of the environment on wildlife. If the environmental impact causes harm to wildlife, the administrative departments for wildlife shall conduct investigation and deal with the matter jointly with the departments concerned. Article 12 If a construction project produces adverse effects on the environment for the survival of wildlife under special state or local protection, the construction unit shall submit a report on the environmental impact. The department of environmental protection shall, in examining and approving the report, seek the opinion of the administrative department for wildlife at the same level. Article 13 If natural disasters present threats to wildlife under special state or local protection, the local governments shall take timely measures to rescue them. Article 14 If the protection of wildlife under special state or local protection causes losses to crops or other losses, the local governments shall make compensation for them. Measures for such compensation shall be formulated by the governments of provinces, autonomous regions and municipalities directly under the Central Government. Chapter III Administration of Wildlife Article 15 The administrative departments for wildlife shall regularly carry out surveys of wildlife resources and keep records of them. Article 16 The hunting, catching or killing of wildlife under special state protection shall be prohibited. Where the catching or fishing for wildlife under first class state protection is necessary for scientific research, domestication and breeding, exhibition or other special purposes, the unit concerned must apply to the administrative department for wildlife under the State Council for a special hunting and catching license; where the catching or hunting of wildlife under second class state protection is intended, the unit concerned must apply to the relevant administrative department for wildlife under the government of a province, an autonomous region or a municipality directly under the Central Government for a special hunting and catching license. Article 17 The State encourages the domestication and breeding of wildlife. Anyone who intends to domesticate and breed wildlife under special state protection shall obtain a license. Administrative measures for such licenses shall be formulated by the administrative department for wildlife under the State Council. Article 18 Anyone who intends to hunt or catch wildlife that is not under special state protection must obtain a hunting license and observe the hunting quota assigned. Anyone who intends to hunt with a gun must obtain a gun license from the public security organ of the county or municipality concerned. Article 19 Anyone engaged in the hunting or catching of wildlife shall observe the prescriptions in his special hunting and catching license or his hunting license with respect to the species, quantity, area and time limit. Article 20 In nature reserves and areas closed to hunting, and during seasons closed to hunting, the hunting and catching of wildlife and other activities which are harmful to the living and breeding of wildlife shall be prohibited. The areas and seasons closed to hunting as well as the prohibited hunting gear and methods shall be specified by governments at or above the county level or by the administrative departments for wildlife under them. Article 21 The hunting or catching of wildlife by the use of military weapons, poison or explosives shall be prohibited. Measures for the control of the production, sale and use of hunting rifles and bullets shall be formulated by the department of forestry administration under the State Council jointly with the public security department, and shall enter into force after being submitted to and approved by the State Council. Article 22 The sale and purchase of wildlife under special state protection or the products thereof shall be prohibited. Where the sale, purchase or utilization of wildlife under first class state protection or the products thereof is necessary for scientific research, domestication and breeding, exhibition or other special purposes, the unit concerned must apply for approval by the administrative department for wildlife under the State Council or by a unit authorized by the same department. Where the sale, purchase or utilization of wildlife under second class state protection or the products thereof is necessary, the unit concerned must apply for approval by the administrative department for wildlife under the government of the relevant province, autonomous region or municipality directly under the Central Government or by a unit authorized by the same department. Units and individuals that domesticate and breed wildlife under special state protection may, by presenting their domestication and breeding licenses, sell wildlife under special state protection or the products thereof, in accordance with the relevant regulations, to purchasing units designated by the government. The administrative authority for industry and commerce shall exercise supervision and control over wildlife or the products thereof that are placed on the market. Article 23 The transportation or carrying of wildlife under special state protection or the products thereof out of any county must be approved by the administrative department for wildlife under the government of the relevant province, autonomous region or municipality directly under the Central Government, or by a unit authorized by the same department. Article 24 The export of wildlife under special state protection or the products thereof, and the import or export of wildlife or the products thereof, whose import or export is restricted by international conventions to which China is a party, must be approved by the administrative department for wildlife under the State Council or by the State Council, and an import or export permit must be obtained from the state administrative organ in charge of the import and export of the species which are near extinction. The Customs shall clear the imports or exports after examining the import or export permit. The export of the species of wildlife involving scientific and technological secrets shall be dealt with in accordance with relevant provisions of the State Council. Article 25 The forgery, sale or resale or transfer of special hunting and catching licenses, hunting licenses, domestication and breeding licenses, and import and export permits shall be prohibited. Article 26 Where any foreigner intends, in the territory of China, to make surveys of or to film or videotape wildlife under special state protection in the field, he must apply for approval by the administrative department for wildlife under the State Council or by a unit authorized by the same department. The establishment of hunting grounds open to foreigners shall be registered with the administrative department for wildlife under the State Council. Article 27 Anyone engaged in the utilization of wildlife or the products thereof shall pay a fee for the protection and administration of wildlife resources. The schedule of the fee and the procedure for collecting it shall be formulated by the administrative department for wildlife under the State Council jointly with the financial and pricing authorities and shall enter into force after being submitted to and approved by the State Council. Article 28 Anyone who has caused losses to crops or other losses while hunting or catching wildlife shall be held responsible for compensation. Article 29 The local governments concerned shall take measures to prevent and control the harm caused by wildlife so as to guarantee the safety of human beings and livestock and ensure agricultural and forestry production. Article 30 The administrative measures for wildlife under special local protection and for other wildlife that is not under special state protection shall be formulated by the standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government. Chapter IV Legal Liabilities Article 31 Anyone who illegally catches or kills wildlife under special state protection shall be prosecuted for criminal responsibility in accordance with the supplementary provisions on punishing the crimes of catching or killing the species of wildlife under special state protection which are rare or near extinction. Article 32 If anyone, in violation of the provisions of this Law, hunts or catches wildlife in an area or during a season closed to hunting or uses prohibited hunting gear or methods for the purpose, his catch, hunting gear and unlawful income shall be confiscated and he shall be fined by the administrative department for wildlife; if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility in accordance with the provisions of Article 130 of the Criminal Law. Article 33 If anyone, in violation of the provisions of this Law, hunts or catches wildlife without a hunting license or in violation of the prescriptions of the hunting license, his catch and unlawful income shall be confiscated and he shall be fined by the administrative department for wildlife and, in addition, his hunting gear may be confiscated and his hunting license revoked. If anyone, in violation of the provisions of this Law, hunts wildlife with a hunting rifle without a license for the rifle, he shall be punished by a public security organ by applying mutatis mutandis the provisions of the Regulations on Administrative Penalties for Public Security. Article 34 If anyone, in violation of the provisions of this Law, destroys in nature reserves or areas closed to hunting the main places where wildlife under special state or local protection lives and breeds, he shall be ordered by the administrative department for wildlife to stop his destructive acts and restore these places to their original state within a prescribed time limit, and shall be fined. Article 35 If anyone, in violation of the provisions of this Law, sells, purchases, transports or carries wildlife under special state or local protection or the products thereof, such wildlife and products and his unlawful income shall be confiscated by the administrative authority for industry and commerce and he may concurrently be fined. If anyone, in violation of the provisions of this Law, sells or purchases wildlife under special state protection or the products thereof, and if the circumstances are serious enough to constitute a crime of speculation or smuggling, he shall be prosecuted for criminal responsibility according to the relevant provisions of the Criminal Law. The wildlife or the products thereof thus confiscated shall, in accordance with the relevant provisions, be disposed of by the relevant administrative department for wildlife or by a unit authorized by the same department. Article 36 If anyone illegally imports or exports wildlife or the products thereof, he shall be punished by the Customs according to the Customs Law; if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility in accordance with the provisions of the Criminal Law on the crimes of smuggling. Article 37 If anyone forges, sells or resells or transfers a special hunting and catching license, a hunting license, a domestication and breeding license, or an import or export permit, his license or permit shall be revoked and his unlawful income shall be confiscated and he may concurrently be fined by the relevant administrative department for wildlife or the administrative authority for industry and commerce. If anyone who forges or sells or resells a special hunting and catching license or an import or export permit, and if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law. Article 38 Any staff member of a administrative department for wildlife who neglects his duty, abuses his power or engages in malpractices for personal gains shall be subject to administrative sanctions by the department to which he belongs or by the competent authority at a higher level; if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility according to law. Article 39 Any party who is dissatisfied with the decision on an administrative sanction may, within 15 days of receiving the notification on the sanction, make a request for reconsideration to the authority at the level next higher to the one that made the decision on the sanction; if he is dissatisfied with the decision on reconsideration made by the authority at the next higher level, he may, within 15 days of receiving the notification on the decision on reconsideration, institute legal proceedings in the court. The party may also directly institute legal proceedings in the court within 15 days of receiving the notification on the sanction. If the party neither makes a request for reconsideration, nor institutes legal proceedings in the court, nor complies with the decision on the sanction, the authority that made the decision on the sanction shall request the court to effect a compulsory execution of the decision. If the party is dissatisfied with a customs penalty or a penalty for violation of public security, the matter shall be dealt with in accordance with the provisions of the Customs Law or the Regulations on Administrative Penalties for Public Security. Chapter V Supplementary Provisions Article 40 If any international treaty concerning the protection of wildlife, concluded or acceded to by the People’s Republic of China, contains provisions differing from those of this Law, the provisions of the international treaty shall apply, unless the provisions are ones on which the People’s Republic of China has made reservations. Article 41 The administrative department for wildlife under the State Council shall, in accordance with this Law, formulate regulations for its implementation which shall go into effect after being submitted to and approved by the State Council. The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law, formulate measures for its implementation. Article 42 This Law shall go into effect as of March 1, 1989.

Drug Scheduling

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PROTECTION OF WILDLIFE LAW

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