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ADMINISTRATIVE MEASURES OF THE MINISTRY OF COMMERCE, THE GENERAL ADMINISTRATION OF CUSTOMS, THE STATE ADMINISTRATION OF TAXATION, AND THE STATE ADMINISTRATION OF FOREIGN EXCHANGE FOR THE ESTABLISHMENT OF FOREIGN FUNDED EXPORT PROCUREMENT CENTERS

Ministry of Commerce, General Administration of Customs, State Administration of Taxation, State Administration of Foreign Exchange

Order of the Ministry of Commerce, the General Administration of Customs, the State Administration of Taxation, and the State Administration
of Foreign Exchange

No. 3

The “Administrative Measures for the Establishment of Foreign Funded Export Procurement Centers”, which were examined and passed at
the 5th executive meeting of the Ministry of Commerce of the People’s Republic of China on September 29, 2003, are hereby promulgated
and shall come into force after 30 days as of the date of promulgation.

Minister of Commerce, Lv Fuyuan

Director General of the General Administration of Customs, Mu Xinsheng

Director General of the State Administration of Taxation, Xie Xuren

Director General of State Administration of Foreign Exchange, Guo Shuqing

November 17, 2003

Administrative Measures of the Ministry of Commerce, the General Administration of Customs, the State Administration of Taxation,
and the State Administration of Foreign Exchange for the Establishment of Foreign Funded Export Procurement Centers

Article 1

The present Measures are developed in the light with the laws and regulations of the People’s Republic of China on overseas investments
and foreign trade administration in order to further facilitate the expansion of foreign trade, to enhance the opening to the outside
world and to attract overseas investments. Foreign investors who invest to establish foreign-funded export procurement centers in
China shall abide by the present Measures.

Article 2

A foreign-funded export procurement center mentioned in the present Measures refers to a foreign-funded enterprise engaging in export
procurement, which is established by a foreign investor in China either in the form of a wholly owned enterprise or a joint venture
with a Chinese investor. The export procurement center shall be a limited liability company.

Article 3

A foreign investor who applies to establish a foreign-funded export procurement center shall have a transnational sales network and
the capacity of export procurement.

The Chinese investor who engaged in a joint venture foreign-funded export procurement center shall have good credit standing, and
necessary economic strength for the establishment of the procurement center.

Article 4

The registered capital of a foreign-funded export procurement center shall be no less than 30 million Yuan (RMB). Chinese and foreign
investors shall contribute their investments according to the relevant existing regulations.

Article 5

A foreign investor may invest to establish an export procurement center in the name of the investment company it has established in
China.

Article 6

Those who intends to establish a foreign-funded export procurement center shall submit the following documents to the Ministry of
Commerce for approval, before which they have to undergo preliminary examination and get permission from the competent authority
of commerce of the province, autonomous region, municipality directly under the jurisdiction of the Central Government, or city directly
under state planning where the foreign-funded export procurement center is to be established:

(1)

The application;

(2)

Registration document (photocopy) of each investor, the proof documents of their legal representative (photocopy), and the proof documents
of qualifications;

(3)

The feasibility study report, and the articles of association (For a joint venture export procurement center, the joint venture contract
shall be submitted at the same time);

(4)

A name list of the board of directors and their resumes;

(5)

A notice on pre-approval of the enterprise’s name, which was issued by the administration for industry and commerce.

The Ministry of Commerce shall, within 30 working days after all the application documents are received, make a written official reply
on whether the application will be approved.

Article 7

A foreign-funded export procurement center may operate businesses as follows:

(1)

Procuring domestic goods for export, and providing warehousing, information consulting and providing technical services related to
export;

(2)

Importing raw and auxiliary materials, and entrusting other enterprises to carry out processing and re-export;

(3)

Importing and procuring samples which are essential in export. The quantity and the value of the imported samples should comply with
the relevant regulations of the customs on import of samples.

Article 8

As for the export commodities under the state’s quota or permit administration, the quota or permit must be applied for and obtained
in the light with the relevant regulations of the state. The commodities under bid invitation administration of the state upon quota
must, prior to the procurement or export, be subject to bid invitation of commodities for export according to the relevant regulations
on bid invitation of commodities for export.

Article 9

A foreign-funded export procurement center shall abide by the existing regulations administration of foreign exchanges when it opens
a foreign exchange account or makes collections or payments of foreign exchanges,.

Article 10

The tax refund of a foreign-funded export procurement center which is located out of a bonded zone shall refer to the relevant regulations
for overseas investment companies to export domestic products. A foreign-funded export procurement center located within a bonded
zone shall apply for tax refund according to the relevant existing provisions for intra-bonded zone enterprises to export products.

Article 11

A foreign-funded export procurement center shall run the business of import, processing and re-export by referring to the relevant
regulations concerning the same kind of business operated by joint venture companies engaged in foreign trade. In this case, all
products must be exported, and shall generally not be sold in domestic market. In the case that the goods are unable to be exported
and need to be sold in domestic market under any particular circumstance, the said center shall go through the procedures for transforming
export into domestic sale according to the related regulations on processing trade, submit related documents to the local department
of commerce at the provincial level for approval and issuance of approval document for domestic sale; and shall meanwhile, report
to the Ministry of Commerce for archival purposes. In the case that an import permit is involved, the said center shall apply for
the import permit according to the regulations; If the import permit needs to be submitted to the Ministry of Commerce for verification
and approval, the procedures shall be carried out in the accordance with the existing provisions.

The customs shall be in charge of the matters of domestic sale with duties duly paid and release upon verification involving the above
mentioned domestically sold products upon strength of the corresponding approval document for domestic sale and the effective import
permit.

Article 12

Unless otherwise prescribed, the investors from Hong Kong Special Administrative Region, Macao Special Administrative Region, and
Taiwan Region who intend to invest to establish export procurement centers in other regions of China may refer to the present Measures.

Article 13

The authority to interpret the present Measures shall remain with the Ministry of Commerce, the General Administration of Customs,
the State Administration of Taxation, and the State Administration of Foreign Exchange.

Article 14

The present Measures shall go into effect after 30 days as of the date of promulgation.



 
Ministry of Commerce, General Administration of Customs, State Administration of Taxation, State Administration of
Foreign Exchange
2003-11-17

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON SOME ISSUES CONCERNING TAX REFUND OR EXEMPTION ON EXPORT GOODS

State Administration of Taxation

Circular of the State Administration of Taxation on Some Issues concerning Tax Refund or Exemption on Export Goods

GuoShuiFa [2003] No. 139

November 18, 2003

The administrations of state taxation of all provinces, autonomous regions, municipalities directly under the Central Government,
cities directly under state planning, and all entities under the State Administration of Taxation:

With a view to solving the issues feedback from the regions concerning the enforcement of export tax refund policies, upon deliberation,
we hereby make the following notice:

I.

The following formula shall be applicable for calculating and deducting the output tax payable on the taxable goods regarded as sold
in domestic market according to the Measures for Tax Exemption, Deduction or Refund:

Output tax payable = Offshore price of export goods regarded as taxable goods sold in domestic market ￿￿oreign exchange quotation
of Renminbi ￿￿VAT rate Where the export enterprises have made calculation on the amount of taxes prohibited from exemption or deduction
in the tax exemption, deduction or refund as prescribed on the aforesaid taxable goods, which are regarded as goods sold in domestic
market and have been changed into cost, they shall be changed from the cost item into the income item of amount of tax.

The taxable goods regarded as goods sold in domestic market shall include: Goods for which the relevant certificates of tax refund
or exemption on their export haven’t been fully collected by the production enterprises within 6 months from the date of applying
to customs for export or for which the formalities of tax exemption, deduction, or refund haven’t been handled at the tax authorities
in charge as prescribed in the “Circular of the Ministry of Finance and the State Administration of Taxation on Further Advancing
the Implementation of Measures for Tax Exemption, Deduction and Refund on Export Goods” (CaiShui [2002] No. 7); and the export goods
enjoying the tax exemption, deduction, or refund and with no electronic data (excluding the paper-made customs declaration) declared
by the production enterprises, or the export goods with electronic data but haven’t been declared at the current month by the enterprises
as prescribed in the “Circular of the State Administration of Taxation on Examination and Verification of the Export Volume of the
Production Enterprises Enjoying Tax Exemption, Deduction or Refund by Using the Export Data in the “Port Electronic Law Enforcement
System” (GuoShuiHan [2003] No. 95). The export volumes, for which taxes unpaid shall be paid in the following month as prescribed
in Document GuoShuiHan [2003] No. 95, shall not include the export volume of the business of commission, agency factor, or consignment.

The taxable goods regarded as goods sold in domestic market shall include: Goods for which the relevant certificates of tax refund
or exemption on their export haven’t been fully collected by the production enterprises within 6 months from the date of applying
to customs for export or for which the formalities of tax exemption, deduction, or refund haven’t been handled at the tax authorities
in charge as prescribed in the “Circular of the Ministry of Finance and the State Administration of Taxation on Further Advancing
the Implementation of Measures for Tax Exemption, Deduction and Refund on Export Goods” (CaiShui [2002] No. 7); and the export goods
enjoying the tax exemption, deduction, or refund and with no electronic data (excluding the paper-made customs declaration) declared
by the production enterprises, or the export goods with electronic data but haven’t been declared at the current month by the enterprises
as prescribed in the “Circular of the State Administration of Taxation on Examination and Verification of the Export Volume of the
Production Enterprises Enjoying Tax Exemption, Deduction or Refund by Using the Export Data in the “Port Electronic Law Enforcement
System” (GuoShuiHan [2003] No. 95). The export volumes, for which taxes unpaid shall be paid in the following month as prescribed
in Document GuoShuiHan [2003] No. 95, shall not include the export volume of the business of commission, agency factor, or consignment.

The amount of taxes prohibited from exemption or deduction in the tax exemption, deduction or refund, shall be calculated according
to the formula as prescribed in Document CaiShui [2002] No.7

III.

Where a production-oriented enterprise group corporation (or parent plant) exports goods for its member enterprises (or branches)
as an agent, the enterprise group (or parent plant) may file an application to the competent taxation authorities for issuance of
the “Certificate of Export as an Agent”, and the member enterprises (or branches) shall implement the methods of tax “Exemption,
Deduction, or Refund”.

IV.

Where a foreign contracting engineering company, who has the management right for foreign economic cooperation upon approval by the
relevant departments, and who is not an ordinary VAT taxpayer, purchases export goods in relation to a foreign contracting project,
the production enterprises supplying goods for it may file an application to the tax authorities for issuance of Tax Payment Notice
(used specially for export goods) upon the strength of the certificates (copies) such as the certificate of approval for the management
right of foreign economic cooperation, etc., as provided by the foreign contracting engineering company. The foreign contracting
engineering company may then, upon the strength of the Tax Payment Notice (used specially for export goods), common invoices or special
VAT invoices, and other prescribed certificates, apply for handling tax refund on export goods in relation to the foreign contracting
project to the competent tax authorities.

V.

Where a production enterprise within the bonded zones purchases raw materials, components and parts, etc. from the enterprises outside
the bonded areas, who have the management right of import and export, and exports them after having processed them into products,
it shall file an application to the competent taxation authorities for handling tax exemption, deduction or refund upon the strength
of the file bill on exit issued by the customs in the bonded zones and other prescribed certificates.

Where an enterprise engaging in the processing of the imported materials in the bonded zones imports raw materials and components
and parts from abroad, it may, upon the strength of the “Bill for Filing the Imported Goods in the Customs Bonded Zones”, go through
the formalities for obtaining the “Certificates of Tax Exemption on Trade of Processing Imported Materials by Production Enterprises”,
etc.

VI.

Tax refund or exemption on goods exported through storehouse, which is supervised by the customs, shall be handled according to the
existing provisions upon the strength of the customs declaration for export goods (used specially for export tax refund) signed and
issued by the customs or other prescribed certificates.

VII.

As to the provisions of Article 3 of the Document CaiShui [2002] No. 7, that is, “the purchase of raw materials enjoying tax exemption
shall include the purchase of raw materials enjoying tax exemption from within the country and the import of materials and components
and parts enjoying tax exemption for processing the imported material”, the purchase of raw materials enjoying tax exemption from
within the country refers to the goods enjoying tax exemption, whose names are listed in the “Interim Regulations of the People’s
Republic of China on Value-added Taxes” and the “Detailed Rules for the Implementation of the Interim Regulations of the People’s
Republic of China on Value-added Taxes”, and other relevant provisions, and for which the input tax payable cannot be calculated
and deducted as prescribed.

VIII.

Where an enterprise is doing a new export business other than those prescribed in paragraph 2, and paragraph 3 of the present Article,
the method of refunding taxes on monthly basis shall not be applicable to the amount of tax refundable occurred within 12 months
from the date of occurrence of the first of the export business. That amount of tax refundable shall be carried forward to the next
term to offset for goods sold in domestic market. After the 12 months, the provisions of Article 9 of the present Circular on small
export enterprises shall be applied, if it is a small export enterprise. Where the enterprises do not fall within the scope of small
export enterprises, the tax exemption, deduction or refund thereof shall be handled uniformly by way of calculation on monthly basis.

In case an enterprise has registered and opened business for over one year (excluding small export enterprises) and does have the
production capability and has no illegal acts such as tax evasion, smuggling, or evading or illegally trading in foreign exchange
upon verification by local or municipal tax authorities, the tax exemption, deduction or refund of its newly occurred business may
be calculated on monthly basis uniformly.

Where a newly established enterprise whose total sales volume of internal distribution is 5 million Yuan or more, and whose overseas
sales volume accounts for 50% or more of its total sales volume, and it will face difficulty in case its tax refund is not to be
handled within 12 months from the date of establishment, the tax exemption, deduction or refund thereof shall be handled by way of
calculation on monthly basis uniformly on the basis of tight control upon the approval of the administrations of state taxation of
provinces, autonomous regions, and municipalities directly under the Central Government.

IX.

The amount of tax refundable of a small export enterprise, which is occurred in the middle of the year, and on which the term for
examination and verification of the tax refund is 12 months under Article 8 of Document CaiShui [2002] No. 7, shall not be handled
by way of refunding taxes on monthly basis, but shall be handled by way of carrying it forward to the next term to offset for goods
sold in domestic markets. For the part failing to be offset, the tax refund shall be handled once for all at the end of the year.
The standard for determining the small export enterprises shall be made uniformly by the administrations of state taxation of all
provinces (autonomous regions, and municipalities directly under the Central Government) according to the reality of the whole provinces
(autonomous regions, and municipalities directly under the Central Government), and within the range of 2 million Yuan or more up
to 5 million Yuan of the total sales volume of the enterprise in domestic markets and overseas markets in the previous taxpaying
year.

X.

The VAT shall be exempted for the export goods of the production enterprises taxed by simple method. And other goods exported shall
apply the Methods of Tax Exemption, Deduction and Refund.

XI.

A small-scale taxpayer, who entrusts other processing enterprises to undertake the business of processing with materials provided,
may file an application to the tax authorities for issuance of “Certificate of Tax Exemption on Processing with Materials Provided”
according to the relevant provisions in existence. And the processing enterprises may go through the formalities for tax refund on
processing fees upon the strength of the “Certificate of Tax Exemption on Processing with Materials Provided”.

XII.

Where an enterprise with foreign investment who is not a VAT taxpayer, or who is a small scale taxpayer, or who is established in
the bonded zones, purchases home-made equipment, which is in conformity with the relevant provisions under the “Circular of the State
Administration of Taxation concerning Printing and Distributing the ‘Trial Measures for the Administration of Tax Refund on Home-Made
Equipment Purchased by Enterprises with Foreign Investment'” (No. GuoShuiFa [1999] No. 171), its tax refund may be handled in accordance
with the relevant provisions.

XIII.

Where an enterprise with foreign investment entrusts other enterprises to undertake the construction of a project by way of contracting
for labor and materials, it may sign an agreement with the enterprise engaging in the construction and entrusts it to purchase the
kinds of home-made equipment in conformity with the relevant provisions of Document GuoShuiFa [1999] No. 171. The enterprise engaging
in the construction shall then, upon the strength of the entrustment agreement for purchase of the home-made equipment and the “Handbook
for Registration of Home-Made Equipment Purchased by Enterprises with Foreign Investment”, purchase the home-made equipment, and
obtain the special VAT invoices and the Tax Payment Notice (used specially for export goods) for value-added taxes, and hand them
over to the enterprise with foreign investment to handle tax refund pursuant to relevant provisions.

XIV.

The present Circular shall enter into force as of January 1, 2003.



 
State Administration of Taxation
2003-11-18

 






MEASURES OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE CUSTOMS’ SUPERVISION OVER INWARD AND OUTWARD EXPRESS CONSIGNMENTS

Order of the Customs General Administration of the People’s Republic of China

No. 104

The Measures of the People’s Republic of China for the Customs’ Supervision over Inward and Outward Express Consignments, which were
deliberated and adopted at the General Administration’s working conference on December 23, 2002, are hereby promulgated, and shall
be implemented on January 1st, 2004. The Measures of the People’s Republic of China for the Customs’ Supervision over Inward and
Outward Express Consignments promulgated on January 25, 1998 (ShuJian [1998] No. 48) shall be repealed simultaneously.
Mou Xinsheng, Director General of the Customs General Administration

November 18th, 2003

Measures of the People’s Republic of China for the Customs’ Supervision over Inward and Outward Express Consignments
Chapter I General Provisions

Article 1

With a view to strengthening the customs’ supervision over inward and outward express consignments, and facilitating the clearance
of inward and outward express consignments, the present Measures are formulated according to the Customs Law of the People’s Republic
of China and other relevant laws and administrative regulations.

Article 2

The term “inward and outward express consignments” as mentioned in the present Measures means the inward and outward goods and articles
undertaken or carried by inward and outward express consignment operators by means of rapid commercial operations which they promise
to their clients.

Article 3

The term “an inward and outward express consignment operator” (hereinafter referred to as the operator) as mentioned in the present
Measures means an international freight agency enterprise lawfully registered inside the territory of the People’s Republic of China
as well as registered and recorded in the customs to engage in the operation of inward and outward express consignments.

Article 4

Any operator may not undertake or carry any of the articles listed in the “Form of the People’s Republic of China on the Articles
Prohibited from Entering or Exiting the Territory”, nor shall it discretionally deal with any of such articles it has found, but
shall immediately notify the customs and assist the customs in dealing with the article instead.

Without approval of the postal institution of the People’s Republic of China, any operator may not undertake or carry any private
letter.

Article 5

Any operator may not lease, lend or transfer by any means the right to customs declaration for its inward and outward express consignments,
nor may it make customs declaration on behalf of any person other than itself for any goods or articles which are not to be undertaken
or carried by itself.

Article 6

Without permission of the customs, the inward or outward express consignments for which the customs formalities have not been completed
shall not be moved out of the surveillance place of the customs, neither shall they be loaded, unloaded, opened, re-packed, marked
with a sign different from the original one, drawn, dispatched, or delivered for transport.

Chapter II Registration of Operators

Article 7

Where an operator files an application for making customs declarations on behalf of any person other than itself for inward and outward
express consignments, it shall make registration in the local customs according to the administrative provisions of the customs on
registration of international freight agency enterprises.

Article 8

An operator who makes registration in the local customs shall meet the following conditions:

(1)

It has obtained the international freight agency enterprise approval certificate issued by the State competent authority of foreign
trade and economic cooperation or an authorized department of the aforesaid authority, and has been approved to run the business
of inward and outward express consignments;

(2)

The Chinese party in a Chinese-foreign joint venture or cooperative operation enterprise shall have engaged in international freight
agency for at least one year; while the foreign party shall have engaged in international freight agency for at least three years
and in international express delivery for at least one year;

(3)

A domestically funded enterprise shall have engaged in international freight agency for at least one year;

(4)

It has domestic and overseas inward and outward express consignment transport network, as well as two or more overseas branches or
agents;

(5)

It has special marks and transport documents for its inward and outward express consignments, and its transport vehicles shall be
in conformity with the requirements for the customs’ supervision, and be subject to the approval of the customs for record;

(6)

It meets the conditions for customs declaration by means of Electronic Data Interchange.

(7)

The external packing of the express consignments shall be marked with a bar code in conformity with the requirements for the customs’
automatic inspection; and

(8)

It has concluded a cooperative transport contract or agreement with an overseas cooperator (or a branch established abroad by a domestic
enterprise legal person).

Article 9

Where an operator of inward and outward express consignments is no longer able to meet any of the conditions listed in Article 8
of the present Measures or has not engaged in the operation of inward and outward express consignments within one year, the customs
shall nullify the operator’s qualification for customs declaration for inward and outward express consignments.

Chapter III Classification of Inward and Outward Express Consignments

Article 10

Inward and outward express consignments shall, in the present Measures, fall into three categories, that is, the documental category,
the individual articles category, and the goods category.

Article 11

The term “inward and outward express consignments of the documental category” means the documents, certificates, negotiable instruments,
and similar materials that are prescribed in laws or regulations to be exempted from tax and are of no commercial value.

Article 12

The term “inward and outward express consignments of the individual articles category” means the luggage and articles transported
separately from passengers, articles presented between relatives or friends, and other individual articles, which are prescribed
in the regulations on customs, to enter or exit the territory for self-use or within a reasonable scope of quantity.

Article 13

The term “inward and outward express consignments of the goods category” means the express consignments other than those prescribed
in Articles 11 and 12.

Chapter IV Supervision of Inward and Outward Express Consignments

Article 14

The clearance of inward and outward express consignments shall be conducted within the special surveillance place approved by the
customs; if it is necessary to be conducted outside the special surveillance place because of a particular circumstance, it shall
be consented by the local customs in advance.

An operator shall have its special area, warehouse and equipment in conformity with the customs’ supervision requirements within the
special surveillance place of the customs for inward and outward express consignments.

The administrative measures on special surveillance places for inward and outward express consignments shall be separately formulated
by the Customs General Administration.

Article 15

The clearance of inward and outward express consignments shall be conducted during the normal working time of the customs; if it
is necessary to conduct beyond the normal working time of the customs, it shall be consented by the local customs in advance.

Article 16

An operator shall, as required by the customs, make customs declaration to the customs for inward and outward express consignments
with paper documents or by Electronic Data Interchange.

Article 17

Inward express consignments shall, within 14 days as of the day when the means of transport was declared for entry, and outward express
consignments shall be declared to the customs 3 hours before the means of transport departs from the territory.

Article 18

An operator shall transmit or submit a manifest or checklist of the inward or outward express consignments to the customs, and the
customs shall, after confirming that there is no error therein, accept the declaration; where the operator needs to make customs
declaration in advance, it shall notify the customs in writing of the carriage or arrival of the inward and outward express consignments
in advance, and transmit or submit the manifest or checklist to the customs, and the customs shall, after confirming that there is
no error therein, accept the advance declaration.

Article 19

When the customs is inspecting the inward or outward express consignments, the operator shall send some one to be present at the
scene, and be responsible for the moving, opening and re-packing of the inward and outward express consignments.

When the customs is opening any of the individual articles among the inward or outward express consignments for inspection, the operator
shall notify the addressee of the inward express consignments or the addresser of the outward express consignments to be present
at the scene; in case the addressee or addresser is unable to be at the scene, the operator shall submit a power of attorney to the
customs to represent the addressee/addresser to perform the obligations, and bear corresponding legal liabilities.

The customs may, when considering it necessary, directly open the inward or outward express consignments for inspection, re-inspect
them or draw samples of goods.

Article 20

Unless otherwise prescribed, the operator shall, when making customs declaration for inward or outward express consignments, separately
according to the provisions on classification in Article 11 through 13 of the present Measures, submit relevant customs declaration
documents to the customs and conduct corresponding formalities for customs declaration and duty payment.

Article 21

The operator shall, when making customs declaration for inward and outward express consignments of the documental category, submit
to the customs the “KJ1 Customs Declaration Form of the Customs of the People’s Republic of China for Inward and Outward Express
Consignments” (see Annex 1), the general transport document (counterpart), and other documents as required by the customs.

Article 22

The operator shall, when making customs declaration for inward and outward express consignments of the individual articles category,
submit to the customs the “Individual Articles Declaration Form of the Customs of the People’s Republic of China for Inward and Outward
Express Consignments” (see Annex 2), the specific transport document of each inward or outward express consignment, a photocopy of
the identification certificate of the addressee of inward express consignments or of the addresser of outward express consignments,
and other documents as required by the customs.

Article 23

The operator shall, when making customs declaration for inward express consignments of the goods category, submit customs declaration
documents to the customs separately according to the following circumstances:

With regard to the goods whose tariff amount is below the minimum threshold of tariff as prescribed in the “Regulations of the People’s
Republic of China on Import and Export Tariff” as well as the samples of goods or the advertisement articles exempted from customs
duty as prescribed by the customs, the “KJ2 Customs Declaration Form of the Customs of the People’s Republic of China for Inward
and Outward Express Consignments” (see Annex 3), the specific transport document of each inward express consignment, the invoices,
and other documents as required by the customs shall be submitted.

With regard to the samples of goods or the advertisement articles on which customs duties shall be levied (except for those prescribed
by laws or regulations to be subject to permit administration, and those for which foreign exchanges need to be paid upon import),
the “KJ3 Customs Declaration Form of the Customs of the People’s Republic of China for Inward and Outward Express Consignments” (see
Annex 4), the specific transport document of each inward express consignment, the invoices, and other documents as required by the
customs shall be submitted.

Article 24

The clearance for the goods other than those prescribed in Articles 21 through 23 shall be handled according to the provisions of
the customs on clearance of import goods.

Article 25

The operator shall, when making customs declaration for outward express consignments of the goods category, submit the customs declaration
documents to the customs separately according to the following circumstance:

With regard to the samples of goods or the advertisement articles (except for those prescribed by laws or regulations to be subject
to permit administration, those for which export tariff shall be levied, those for which foreign exchanges need to be collected upon
export, and those for which taxes need to be refunded for export), the “KJ2 Customs Declaration Form of the Customs of the People’s
Republic of China for Inward and Outward Express Consignments”, the specific transport document of each outward express consignment,
the invoices, and other documents as required by the customs shall be submitted.

The clearance for the goods other than those mentioned above shall be handled according to the provisions of the customs on clearance
of export goods.

Chapter V Specially Delivered Inward and Outward Express Consignments

Article 26

The term “specially delivered inward and outward express consignments” means the express consignments carried by air by the operator
into or out of the territory in a way of special delivery under escort.

Article 27

The operator who is engaged in the business of specially delivered inward and outward express consignments shall, in addition to
making registration according to the relevant provisions in Chapter II of the present Measures, register such particulars of the
specially delivered inward and outward express consignments as the port of entry or exit, the time, route, schedule of the means
of transport, detailed information on the special deliverer himself, the mark, etc. in the local customs. In the event of any modification,
the operator shall make registration in the local customs 5 working days prior to such modification.

Where the aforesaid conditions are met, the local customs shall issue the “Registration and Record Certificate of the Customs of the
People’s Republic of China for Specially Delivered Inward and Outward Express Consignments” (see Annex 5), upon strength of which
the operator shall make customs declaration for the specially delivered inward and outward express consignments.

Article 28

Specially delivered inward and outward express consignments shall be consigned as luggage articles, be specially packed, and be indicated
with the operator’s name and the words of “Specially Delivered Inward and Outward Express Consignments” on an eye-catching position
of the general packing.

Chapter VI Legal Liabilities

Article 29

Any one who violates the present Measures by committing any smuggling act shall be punished by the customs pursuant to the “Customs
Law of the People’s Republic of China”, the “Detailed Rules for the Implementation of Administrative Penalties under the Customs
Law of the People’s Republic of China”, and other relevant laws and administrative regulations; if a crime is constituted, the offender
shall be subject to criminal liabilities in jure.

Chapter VII Supplementary Provisions

Article 30

The responsibility to interpret the present Measures shall remain with the Customs General Administration.

Article 31

The present Measures shall be implemented on January 1st, 2004.




Annex 1

￿￿

￿￿

Annex
1:

KJ1
the Bill of Entry for Inward and Outward Express Consignments

￿￿

The
number of customs declaration form:

 Name
of operator:      
Entry/Exit Port:       
Sequence No. of vehicle:          
Date of entry/exit:


Code of the general consignment note:

Serial number

Code of sub- consignment
note

Name

Unit

Weight (KG)

The name of
consignee/consigner

Code of clearance

￿￿

￿￿

￿￿

￿￿

￿￿

￿￿

￿￿

￿￿￿￿The operator hereby
guarantees that: The above goods declared to the customs on    
(date) are the goods in  Catalogue
A provided for in the Measures for Customs Monitoring and Regulation of
Inward and Outward Express
Consignments of the People￿￿s Republic of
China, and the operator is legally obliged to establish the authenticity
and legality of the declaration with the customs concerned.

￿￿

￿￿

(Special seal for
declaration of the operator)   
customs declarant:  
date of declaration:

The following shall be
filled in by the customs

Seal of customs:        
Operation officer:      
Date:             
Examining officer:        Date:

￿￿

Annex
2:

The
Declaration List for Personal Belongings in Inward and Outward Express
Consignment

￿￿


The number of customs declaration form:






 Name
of operator:          
Entry/Exit Port:       
Sequence No. of vehicle:    
Date of entry/exit:


Code of the general consignment note:

Serial number

Code of sub-consignment note

Name

Value
(RMB)

Unit

Tariff No.

Amount of Tariff

Name of
consignee/consiger

Country/Region

Number of Certificate

Code of clearance

￿￿

￿￿

￿￿

￿￿

￿￿

￿￿

￿￿

￿￿

￿￿

￿￿￿￿The operator hereby
guarantees that: The above goods declared to the customs on    
(date) are the goods within the scope of personal belongings
provided for in the Measures for the Monitoring and Regulation
of Inward
and Outward Express Consignments of the Customs of the People￿￿s
Republic of China, and the operator
is legally obliged to establish the
authenticity and legality of the declaration with the customs concerned.

￿￿

(Special seal for
declaration of the operator)   
   Customs
declarant

NOTICE OF THE STATE FOOD AND DRUG ADMINISTRATION ON THE ISSUES CONCERNING THE IMPLEMENTATION OF THE ADMINISTRATIVE MEASURES FOR THE IMPORT OF DRUGS

State Food and Drug Administration

Notice of the State Food and Drug Administration on the Issues concerning the Implementation of the Administrative Measures for the
Import of Drugs

GuoShiYaoJianZhu [2003] No. 320

November 19th, 2003

All port administrations of food and drugs, all port drug inspection offices, the customs of Guangdong Province of the General Administration
of Customs, the special offices of Tianjin and Shanghai, and all customs directly under the General Administration of Customs:

In accordance with Order No. 4 of the State Food and Drug Administration, the Administrative Measures for the Import of Drugs (hereinafter
referred to as the Measures) shall be implemented as of January 1st, 2004. With a view to earnestly carrying out the implementation
of the Measures, we hereby make the notice of the relevant issues as follows:

1.

Upon the approval of the State Council, imported drugs are allowed to enter China through 18 port cities, that is, Beijing, Tianjin,
Shanghai, Dalian, Qingdao, Chengdu, Wuhan, Chongqing, Xiamen, Nanjing, Hangzhou, Ningbo, Fuzhou, Guangzhou, Shenzhen, Zhuhai, Haikou,
and Xi’an.

With a view to strengthening the administration and enhancing the efficiency of customs clearance, the State Food and Drug Administration
and the General Administration of Customs have further determined the name list of the specific ports permitting the entry of imported
drugs (Annex1)

2.

In light of the Measures, the destinations of all the imported drugs (including narcotics and psychotropic drugs) shall fall within
the specified ports of the above-mentioned 18 cities.

3.

In accordance with the need of import record keeping, the following 18 administrations of drugs are determined as port administrations
of drugs by the State Food and Drug Administration, that is, the drug administrations of Beijing, Tianjin, Shanghai, Dalian, Qingdao,
Chengdu, Wuhan, Chongqing, Xiamen, Nanjing, Hangzhou, Ningbo, Fuzhou, Guangzhou, Shenzhen, Zhuhai, Haikou and Xi’an. The addresses
and telephone numbers of the port drug administrations are indicated in Annex 2.

4.

In accordance with the need of drug inspection, the State Food and Drug Administration shall authorize the National Institute for
the Control of Pharmaceutical and Biological Products, the drug inspection offices of Beijing, Tianjin, Shanghai, Dalian, Qingdao,
Chengdu, Wuhan, Chongqing, Xiamen and Guangzhou, and the drug inspection offices of Jiangsu Province, Zhejiang Province, Fujian Province,
Hainan Province, Guangdong Province and Shaanxi Province as the port drug inspection offices. The addresses and telephone numbers
of all port drug inspection offices are indicated in Annex 3.

5.

All port drug administrations and port drug inspection offices shall, in accordance with the respective actual circumstances, determine
their respective jurisdictional scope and functions. Each of the port drug administrations shall, in accordance with the port within
its jurisdiction, form a working relationship with only one port drug inspection office of import record keeping and port inspection.
Their specific jurisdictional scope and functions shall be carried out in conformity with the Distribution Form of Drug Import Ports,
the Drug Inspection Administrations and Drug Inspection Offices under Centralized Management as formulated by the State Food and
Drug Administration. (Annex 4)

6.

The new Catalogue of Import Drugs shall be promulgated by the State Food and Drug Administration along with the General Administration
of Customs. Before the new Catalogue is promulgated, the jurisdictional scope of import drugs shall be carried out in conformity
with Annex 1, namely the Import Drug Management Catalogue – in the Notice on the Several Issues concerning Strengthening the Administration
on Imported Drugs (GuoYaoGuoZhu [2002] No. 622).

The jurisdictional scope of narcotics and psychotropic drugs shall be still according to Annex 1, namely Catalogue of Narcotics under
Control and Annex 2, namely Catalogue of Psychotropic Drugs under Control in the Notice on the Relevant Issues concerning Intensifying
the Import and Export of Narcotics and Psychotropic Drugs (GuoYaoGuanZhu [2001] No. 585).

7.

A uniform seal shall be used in the record-keeping of drug import, the name of which is “The Special Seal for the Drug Import Record
Keeping of Drug Administration”. The “Special Seal” shall be made by carving and issued by the State Food and Drug Administration,
which shall be used by a port drug administration in conducting the drug import record keeping. Among the special seals, “The Special
Seal for the Drug Import Record Keeping of the State Food and Drug Administration” held by the State Food and Drug Administration
shall be effective in all ports, through which drugs are permitted to import. The models of all seals are indicated in Annex 5.

8.

For the commodities listed in the scope of commodity codes in the Catalogue of Imported Drugs, the customs shall conduct the procedures
for the customs declaration and clearance upon the strength of the Customs Clearance Permit for Imported Drugs sealed with the Special
Seal for the Drug Import Record Keeping of Drug Administration issued by the department authorized by the State Food and Drug Administration
and the relevant other instruments. The Customs Clearance Permit for Imported Drugs shall only be used by the port customs indicated
in the Customs Clearance Permit for Imported Drugs. The system of one permit for one batch shall be adopted and any modification
may not be made to the content in the permit. If it is necessary to modify the content of the permit, the permit shall be renewed
and reissued. The customs shall still implement the relevant regulations concerning the supervision over and administration of narcotics
and psychotropic drugs of the State Food and Drug Administration and the General Administration of Customs.

9.

After the Measures come into effect, any of the aforesaid commodities, for which a customs declaration for import has been filed,
but the port drug administration refuses to offer Customs Clearance Permit for Imported Drugs, the customs may, upon the strength
of the applications of the consignees or agents, directly handle the formalities for returning the commodities according to the relevant
regulations.

10.

In light of Article 10 of the Measures, the destination shall be one of the ports specified as customs clearance ports in Beijing,
Shanghai and Guangzhou.

Where the biological products as provided in Article 10 of the Measures are vaccines, blood products and diagnostic reagents used
for blood screening (See Annex 6 for the catalogue), the State Food and Drug Administration shall, in accordance with the actual
circumstances, modify this catalogue in time.

11.

Considering the special requirements for the storage of the drugs listed in Annex 6, before the special warehouse of the customs are
determined, the temporary formalities for the import record keeping shall be carried out when these types of biological products
are imported. A port drug administration shall, after it receives an Application for the Inspection on Imported Drugs and the relevant
materials, conduct examination and inspection according to Article 16 of the Measures before issuing Customs Clearance Permit for
Imported Drugs and the special Notice on Port Inspection on Imported Drugs (See Annex 7). After the port drug inspection office has
taken samples, the port drug administration shall seal up all the drugs. The drugs may be unsealed and permitted to enter China to
be sold and used after the drugs are deemed as qualified upon inspection.

12.

With regard to the human serum albumin among the six types of biological products listed in Annex 6, the Drug Inspection Offices of
Beijing, Shanghai or Guangdong shall be responsible for taking samples and making port inspection in light of the different destinations
of the product. Where the destination of the other types is Beijing, the National Institute for the Control of Pharmaceutical and
Biological Products shall be responsible for taking samples and making port inspection. The port drug administration shall issue
a Notice on Port Inspection on Imported Drugs to the National Institute for the Control of Pharmaceutical and Biological Products.
Where the destination is Shanghai or Guangzhou, Shanghai Drug Inspection Office or the Drug Inspection Office of Guangdong Province
shall be responsible for taking samples, and the National Institute for the Control of Pharmaceutical and Biological Products shall
be responsible for the port inspection. The port drug administration shall issue a special Notice on Port Inspection on Imported
Drugs to Shanghai Drug Inspection Office or the Drug Inspection Office of Guangdong Province, which shall, within 2 days after it
has taken samples, send the samples to the National Institute for the Control of Pharmaceutical and Biological Products.

The State Food and Drug Administration shall, according to the port drug inspection offices’ capacities to test the biological products,
authorize them to undertake port inspection on other biological products. With regard to the biological products other than the circumstances
as prescribed in Article 10 of the Measures, the destination port drug inspection offices shall strictly conduct port inspection
in accordance with the registered standards of the imported drugs. In case a port drug inspection office lacks such inspection conditions
or capacities, it may entrust the National Institute for the Control of Pharmaceutical and Biological Products to conduct the inspection.

13.

The port drug administrations shall exercise the functions as prescribed in the Measures as of January 1st, 2004, shall formally accept
the applications for the drug import record keeping, and shall handle the relevant matters on the Customs Clearance Permit for Imported
Drugs. At the same time, the port drug inspection offices shall stop their former function of accepting inspection applications.
The import entities shall file applications to the port drug administrations for the drug import record keeping as of January 1st,
2004.

Where a Customs Clearance Permit for Imported Drugs issued prior to December 31st, 2003 is still within its valid period, it may be
used continuously. Where the valid period expires and the party concerned fails to go through the formalities for customs declaration
and clearance, the Customs Clearance Permit for Imported Drugs shall be replaced by a new one in the port drug administration.

14.

With a view to ensuring the quality and standardization of the work of drug import record keeping, the State Food and Drug Administration
has formulated the Guidelines for Drug Import Record Keeping (Annex 8), all port drug administrations shall comply with them in doing
the specific work of drug import record keeping.

15.

Drug import record keeping is a new task undertaken by all port drug administrations. All port drug administrations shall study the
relevant laws, regulations and knowledge, and shall in time submit to the State Food and Drug Administration the problems found in
handling import record keeping. The port drug administrations and the customs shall strengthen the communication, coordination and
cooperation between them, and ensure that the work of import record keeping run smoothly.

16.

The provisions on the examination and approval of the import of preventive biological products and blood products as prescribed in
the Administrative Measures for Imported Drugs shall be repealed as of January 1st, 2004.

17.

The Notice on Intensifying the Administration on the Import of Drugs (GuoYaoGuanZhu [2002] No. 622) and the Notice on Distributing
the Notice of the State Food and Drug Administration on the Relevant Problems concerning Strengthening the Administration on the
Import of Drugs (ShuFa [2001] No. 71) shall be repealed as of January 1st, 2004.

Please implement the above-mentioned provisions.

Annexes:

1.

The Name List of Drug Import Ports (Omitted)

2.

The Name List of the Port Drug Administrations (Omitted)

3.

The Name List of the Port Drug Inspection Offices (Omitted)

4.

The Distribution Form of Drug Import Ports, the Drug Inspection Administrations and Drug Inspection Offices under Centralized Management
(Omitted)

5.

The Styles of the Special Seals for Drug Import Record Keeping (Omitted)

6.

The Catalogue of the Biological Products Proscribed by the State Food and Drug Administration (Omitted)

7.

Notices on Port Inspection on Imported Drugs (Omitted)

8.

Guidelines for the Drug Import Record Keeping (Omitted)

 
State Food and Drug Administration
2003-11-19

 



NOTICE OF THE CHINA SECURITIES REGULATORY COMMISSION ON ABOLISHING SOME OF THE SECURITIES AND FUTURES RULES (IV)

China Securities Regulatory Commission

Notice of the China Securities Regulatory Commission on Abolishing Some of the Securities and Futures Rules (IV)

ZhengJianFaLvZi [2003] No. 15

November 20th, 2003

All the securities regulatory offices, agencies, special offices, all the securities or futures exchanges, China Securities Registration
and Settlement Company, and all the departments under the China Securities Regulatory Commission:

In accordance with the provisions of the Regulations on Procedures for Formulation of Rules, this Commission has made cleanup once
more on departmental rules on securities and futures promulgated from the establishment of this Commission up to June 30th, 2003,
on the basis of abolishing the first three batches of rules and normative documents (hereinafter referred to in general as “rules”),
of which there are 30 securities rules that shall be repealed, have been repealed through public proclamation, or are automatically
invalidated, and 16 futures rules. We hereby have the lists of the two parts of 46 rules publicized in order to terminate the implementation
thereof.

Attachment: List of Departmental Rules Abolished by the China Securities Regulatory Commission (IV)

Attachment:List of Departmental Rules Abolished by the China Securities Regulatory Commission (IV)htm/e03303.htmNO

￿￿

￿￿




NO.

Regulations

File NO.

Issued by

Date of Issue

1

Notice concerning Approval of the Experimental Futures Exchanges

ZHENGJIANFA [1994] NO.150

China Securities Regulatory Commission

October 10th, 1994

2

Provisions on State-owned Enterprises and Institutions Participating in Futures Exchange

ZHENGJIANFAZI [1994] NO.179

China Securities Regulatory Commission, the State Economic and Trade Commission, the Ministry of Domestic Trade

December 5th, 1994

3

Urgent Circular concerning Enhancing Risk Control on Treasury Bonds and Futures Transaction

ZHENGJIANFAZI [1995] NO.23

China Securities Regulatory Commission

February 26th, 1995

4

Urgent Circular concerning the Implementation of Provisions on Bail for Treasury Bonds and Futures Dealings

ZHENGJIANFAZI [1995] NO.47

China Securities Regulatory Commission

March 30th, 1995

5

Interim Measures for the Administration of the Qualifications of Securities Practitioners

ZHENGWEIFAZI [1995] NO.6

The Securities Commission of the State Council

April 18th, 1995

6

Notice concerning Requiring All the Treasury Bonds and Futures Exchanges to Further Enhance Risk Control

ZHENGJIANFAZI [1995] NO.60

China Securities Regulatory Commission

May 15th, 1995

7

Notice concerning the Cleaning Up B-Share Accounts

ZHENGJIANFAZI [1996] NO.76

China Securities Regulatory Commission

June 28th, 1996

8

Notice concerning Issues on the Strict Administration of the Opening of B-Share Accounts

ZHENGJIANJIAOZI [1996] NO.2

China Securities Regulatory Commission

September 20th, 1996

9

Notice concerning Several Issues on Regulating the Acceptance of Capital Contribution by Futures Brokering Corporations

ZHENGJIANQIZI [1996] NO.16

China Securities Regulatory Commission

December 23rd, 1996

10

Notice concerning Stoutly Forbidding Illegal Fund-raising in the Name of Futures Transaction

ZHENGJIANQIZI [1997] NO.41

China Securities Regulatory Commission

November 12th, 1997

 
State Administration of Radio, Film and Television
2003-11-25

 



CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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