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URGENT NOTICE OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION ON FURTHER IMPLEMENTATION OF THE POLICY CONCERNING EXTENDING VALUE ADDED TAX CREDIT SCOPE

The Ministry of Finance, the State Administration on Taxation

Urgent Notice of the Ministry of Finance and the State Administration on Further Implementation of the Policy Concerning Extending
Value Added Tax Credit Scope

Cai Shui [2004] No. 226

Departments (Bureaus) of finance and bureaus of state taxation of Liaoning province, Jilin province, Heilongjiang province and Dalian
city:

After the distribution of the documents of the Ministry of Finance and the State Administration of Taxation concerning revitalization
of Northeast old industrial base, they have been enthusiastically implemented by the financial and tax sectors in Northeast region.
In order to further implement the spirit of the State Council on revitalization of Northeast old industrial base, to put into practice
the extension of VAT credit scope and year-end tax refund of enterprises’ fixed asset, the supplementary notice concerning the extension
of VAT credit scope is hereby given as follows:

1.

Any enterprise subsumed under the extended scope of VAT credit (hereinafter referred to as “taxpayer”) that fails to pay VAT duly
shall, whether it has new amount of VAT to be paid or not, firstly offset VAT arrears against income tax of fixed assets and carry
it out in strict accordance with the relevant provisions concerning offset of VAT arrears in Notice of the Ministry of Finance,
the State Administration on Taxation on Printing and Distribution of Interim Measure on Extending the Value-Added Tax Credit Scope
in Northeast Region in 2004 (Cai Shui [2004] No. 168).

As for the outstanding tax prior to May 1, 2005 that is offset (deducted), in case that a unified exempt policy comes out in future
, the offset outstanding tax that is exemptible may be adjusted correspondingly.

2.

Where the fixed asset income tax gets surplus after having offset tax arrears by taxpayer(s) from July 1, 2004 to November 30, 2004,
tax reimbursement may be counted in the VAT achieved and paid without following new VAT rebate after the approval of Departments
(Bureaus) of Finance of Liaoning Province, Jilin Province, Heilongjiang Province and Dalian City. The unfinished rebate of fixed
asset income tax shall be credited next year.

3.

All level tax authorities shall perform well in the work of tax refund of fixed assets income tax amount and shall conduct examination
and verification in strict accordance with relevant requirements; the refundable VAT shall be refunded to taxpayers promptly prior
to December 31, 2004.

4.

The measures for credit of income tax amount of enterprises’ fixed assets and for extension of VAT credit scope in Northeast region
in 2005 shall be regulated separately.

The Notice is thereby given and shall be implemented accordingly.

The Ministry of Finance

The State Administration of Taxation

December 27, 2004



 
The Ministry of Finance, the State Administration on Taxation
2004-12-27

 






ANNOUNCEMENT OF THE MINISTRY OF COMMERCE ON THE ISSUES OF REPLACING AND ISSUING AUTOMATIC IMPORT PERMIT OF AUTOMOBILE IMPORT QUOTA

Ministry of Commerce

Announcement of the Ministry of Commerce on the Issues of Replacing and Issuing Automatic Import Permit of Automobile Import Quota

[2004] No. 99

In accordance with the promises upon China￿￿s accession into the WTO, China will cancel the administration of automobile import quota
as of January 1, 2005, and will carry out the administration of Automatic Import Permit for automobile import. The validity term
of the Certification of Import Quota of Electromechanical Products and the Import Permit for automobile will expire on December 31,
2004 and be nullified automatically as of January 1,2005, when the import entities shall go through the formalities of declaration
of automobile import on the strength of Automatic Import Permit. Seeing that the vehicles that some import entities have ordered
during the validity term of Certification of Import Quota of Electromechanical Products is unlikely to be delivered before the end
of 2004, for the purpose of doing well the work of linking up the administration of new certificates and the old ones and being beneficial
to relevant enterprises￿￿ normal operation, the issues concerning the certificate replacement is hereby announced as follows:

1.

The procedures of replacing and issuing the Automatic Import Permit

(1)

The import entity shall file an application to the local or departmental Electromechanical Office for certificate replacement and
submit relevant materials;

(2)

All the Electromechanical Offices shall check the materials of the application for certificate replacement, and then report to the
Electromechanical Department of the Ministry of Commerce the written materials and electronic data of the application for certificate
replacement of the import entities in his locality or department;

(3)

The enterprises under the jurisdiction of State Assets Regulatory and Management Commission and other relevant entities may submit
to the Electromechanical Office in the place where they are located the relevant materials and electronic data concerning the application
for certificate replacement; and

(4)

The Ministry of Commerce, after verification of the application materials, shall issue the Automatic Import Permit.

2.

The materials needed to replace and issue the Automatic Import Permit

(1)

The statement of the application for certificate replacement, which shall specify the former number of quota certificate, quantity,
corresponding permit number, declared quantity and quantity of application for certificate replacement;

(2)

The Table for Application for Electromechanical Products Import, in which, the import user and commodity code shall accord with the
corresponding content of the former quota certificate, the quantity of application for certification replacement may not exceed undeclared
quantity in the former quota certification and the former number of quota certificate shall be indicated in the remarks column;

(3)

The Automobile Order Contract signed before December 31, 2004;

(4)

The certification materials of payment of foreign exchange issued by the bank before December 31, 2004;

(5)

The Certification of Electromechanical Products Import Quota; and

(6)

The Import Permit

The aforesaid materials must be authentic and valid. In case false materials are provided, the Automatic Import Permit shall not be
replaced and issued.

3.

The validity term of the Automatic Import Permit

The validity term of the Automatic Import permit that is replaced and issued shall be half a year and shall not be extended.

It is hereby announced

Ministry of Commerce

December 28, 2004



 
Ministry of Commerce
2004-12-28

 






COPYRIGHT COLLECTIVE MANAGEMENT REGULATIONS

The State Council

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

No. 429

Copyright Collective Management Regulations were adopted by 74th Standing Conference of the State Council on December 22, 2004. The
regulations are hereby promulgated and implemented as of March 1, 2005.

Minister of the State Council Wen Jiabao

December 28, 2004

Copyright Collective Management Regulations

Chapter I General Principles

Article 1

These regulations are formulated in accordance with the Copyright Law of the People’s Republic of China (hereinafter referred to as
“Copyright Law”) for the purposes of regulating copyright collective management activities, being convenient for the author and obligee
relating to copyright (hereinafter referred to as “obligee”) to use rights and for the users to use works.

Article 2

Copyright collective management in terms of these regulations means following activities of performing their rights on behalf of their
own name carried out by copyright collective management organizations authorized by the obligee.

1.

Conclude right license contract of copyright or right license contract that relating to copyright (hereinafter referred to as “right
license contract”) with the users;

2.

Collect charge for use from the users;

3.

Shunt charge for use to the obligee;

4.

Bring a lawsuit or submit a dispute involving copyright or rights relating to copyright and etc.

Article 3

Copyright collective management organization in terms of these regulations means the society established in accordance with laws for
the rights of the obligees, managing collectively the obligees’ copyright or the rights relating to copyright according to the authorization
of the obligee.

Copyright collective management organization should register and carry out their activities in accordance with the provisions of administrative
laws relating to the management of society registration and these regulations.

Article 4

The rights that are difficult for the obligees to perform effectively, such as the rights if performance, broadcast, rent, information
network propagation, copy and other rights, may be collectively managed by copyright collective management organization.

Article 5

Copyright management department of the State Council is responsible for nation-wide copyright collective management.

Article 6

Except for the copyright collective management organization established in accordance with the provisions of these regulations, none
organizations and individuals may be engaged in copyright collective management activities.

Chapter II The establishment of copyright collective management organization

Article 7

All Chinese citizens, legal persons or other organizations enjoying copyright or the right relating to copyright may initiate to establish
copyright collective management organization.

To stablish copyright collective management organization should meet with following requirements:

1.

The obligees initiating to establish the copyright collective management organization should not be less than 50;

2.

The business scope should not cross and mix with the business scope of copyright collective management organizations that have already
registered in accordance with laws.

3.

May represent the interests of relevant obligees nationwide;

4.

Have draft regulations, draft standard of collecting charge for use and measures on shunting charge for use to the obligees (hereinafter
referred to as “charge for use shunting measures”) of copyright collective management organization.

Article 8

The regulations of copyright collective management organization should include following information:

1.

Name and residence;

2.

Purpose of establishiment;

3.

Business scope;

4.

Organization structure and its functions and power;

5.

Minimum numbers of the membership plenary session;

6.

Duties of the executive council, the requirements of the person responsible for the executive council and the procedures of arising
and dismissing of the person responsible for the executive council;

7.

Ways of drawing and using management fee;

8.

The requirements and procedures of joining and withdrawing from copyright collective management organization;

9.

The procedures of revising the regulations.

10.

The requirements and procedures of terminating a copyright collective management organization and property settlement after termination.

Article 9

Whoever applies for establishing copyright collective management organization should submit the materials stipulated by Article 7
of these regulations to copyright management department of the State Council. The copyright management department of the State Council
should make the decision whether or not to approve it within 60 days at the receipt of the materials. Copyright collective management
license should be issued to those who get the approval, and reasons should be given to those who do not get the approval.

Article 10

The applicant should go through the registration formalities in the department of civil affairs of the State Council in accordance
with the administrative laws and regulations relating to registration management of social organizations within 30 days at the day
when the copyright management department of the State Council issues him copyright collective management license.

Article 11

Copyright collective management organization registering in accordance with laws should submit its copy of registration certificate
to copyright management department of the State Council for the record within 30 days at the receipt of the registration certificate
issued by the department of civil affairs of the State Council. Copyright management department of the State Council should publish
the submitted copy of registration certificate and the regulations of copyright collective management organization, standard of collecting
the charge for use, measures on shunting the charge for use by announcement.

Article 12

Copyright collective management organization establishes branch organization should be approved by copyright management department
of the State Council and go through registration formalities in the department of civil affairs of the State Council in accordance
with administrative laws and regulations relating to society registration management. Whoever has registered in accordance with laws
should submit the copy of registration certificate of the branch organization to copyright management department of the State Council
for the record and the copyright management department of the State Council publish it by announcement.

Article 13

Copyright collective management organization should work out the standard of collecting the charge for use in accordance with following
factors:

1.

Time, ways and area range of using works, audio and video products and etc.;

2.

Variety of rights;

3.

Degree from complication to simplicity of concluding the contract of using the license and collecting the charge for use.

Article 14

Copyright collective management organization should work out measures on shunting the charge for use according to the information
of the obligee’s use of works or audio and video products and etc..

Article 15

If any copyright collective management organization revises its regulations, it should submit the draft of regulations revision to
copyright management department of the State Council for approval. Copyright management department of the State Council should publish
it by announcement after the verification and approval of civil affairs department of the State Council in accordance with laws.

Article 16

If the registration of any copyright collective management organization is cancelled in accordance with laws, it must not be engaged
in copyright collective management business as of the day of cancellation.

Chapter III Organ of copyright collective management organization

Article 17

Membership conference of copyright collective management organization (hereinafter referred to as “membership conference”) is the
power organ of copyright collective management organization.

Membership conference is convened by Board of Directors in accordance with these regulations. Board of Directors should publish the
time, place of the conference and issues put forward for discussion 60 days before the opening of the conference. The members that
attend the membership conference should put their names down 30 days before the opening of the conference. If the members that put
their names down for the conference are fewer than the minimum number stipulated by the regulations, the board of directors should
publish the membership numbers that plan to attend the conference, and other members may make supplementary signing up 5 days before
the conference. The conference should be held by all the members entering their names to the conference.

Membership conference performs following official functions:

1.

Formulate and revise the regulations;

2.

Work out and revise the standard of collecting the charge for use;

3.

Work out and revise the measures to shunt the charge for use;

4.

Elect and dismiss directors;

5.

Consider and approve work and financial report of the board of directors;

6.

Formulate inner management rules;

7.

Decide the plan of shunting charge for use and the proportion of management fee drawn by copyright collective management organization;

8.

Make decisions about other important issues.

Membership conference is held annually. On the motion of more than 10 percent of the members or the board of directors, temporary
membership conference may be held. Any decisions made at the membership conference should be passed by more than half of the members
that attend the conference.

Article 18

The board of directors established in copyright collective management organization should be accountable to the membership conference
and execute the decision of the conference. The members of the director board must not be fewer than 9.

The term of the director boarder is 4 years. Re-election should be made at the expiration of the term. Re-election may be made in
advance or put off for special reasons, but the extension of re-election should not exceed 1 year.

Chapter IV Copyright collective management activities

Article 19

Obligee may conclude copyright collective management contract in writing with copyright collective management organization, authorize
the organization to manage the copyright or the rights relating copyright that the obligee enjoys in accordance with laws. If the
obligee meets the requirements of the regulations to join the organization, copyright management organization should conclude copyright
collective management contract with him, must not refuse him.

Obligee becomes a member of copyright collective management organization as soon as he concludes copyright collective management contract
with copyright collective management organization and perform corresponding formalities in accordance with the provisions of the
regulations.

Article 20

After signing copyright collective management contract with copyright collective management organization, the obligee must not perform
or allow others to perform the rights agreed in the contract that should be performed by copyright collective management organization
within the contracted term.

Article 21

Obligee may withdraw from copyright collective management organization and terminate copyright collective management contract according
to the procedures stipulated by the regulations. But if copyright collective management organization has conclude license contract
with others, the contract is still effective before the expiration of the term. Within the term of validity, the obligee has the
right to obtain corresponding charge for use and may look up related business materials.

Article 22

Foreigners and persons who have no nationalities may authorize Chinese copyright collective management organization to manage their
copyright and rights relating copyright that they enjoy in the territory of China through similar organization abroad that has concluded
mutual agency agreement with Chinese copyright collective management organization.

Mutual agency agreement in terms of above paragraph means the agreement that Chinese copyright collective management organization
and similar organization abroad authorize each other to carry out collective management in the country or area that it locates.

Mutual agency agreement concluded between copyright collective management organization and similar organization abroad should be submitted
to copyright management department of the State Council for the record and announced by copyright management department of the State
Council.

Article 23

If copyright collective management organization allow others to use the works, audio and video products that it managed, it should
conclude license contract in writing with the users.

Copyright collective management organization must not conclude exclusive license contract with the users.

If the user asks for concluding license contract with copyright collective management organization at reasonable requirements, copyright
collective management organization must not refuse them.

The term of license contract must not exceed two years. The term of license contract may be renewed at the expiration of it.

Article 24

Copyright collective management organization should establish right information consultation system for the obligees and users to
look up the information. Right information consultation system should include variety of rights managed by copyright collective management
organization, the names of works, audio and video products, obligee’s name and authorized management term.

When obligee and the users consult the right information managed by copyright collective management organization, the organization
should answer them.

Article 25

Apart from paying the charge for use in accordance with Article 23 , Article 32 , Section 2, Article 39 Section 3, Article 42 Section
2 and Article 43 of Copyright Law, copyright collective management organization should agreed with the user on the exact sum of
collecting charge for use in accordance with the standard of collecting charge for use published by copyright management department
of the State Council.

Article 26

If two or more copyright collective management organizations collect the charge for use from the same user in the same way, they may
consult in advance to determine one of them to collect it uniformly. The charge for use collected uniformly should be allocated after
consultation.

Article 27

When the users pay charge for use to copyright collective management organization, they should provide the names of the works, audio
and video products, the name of the obligee and the ways, numbers and time they use them except for those that have separate agreements.

If the information of use provided by the users involves the user’s business secret, copyright collective management organization
has the duty to keep secret.

Article 28

Copyright collective management organization may draw a certain proportion from charge for use as management fee for maintaining normal
business activities.

The proportion of charge for use drawn by copyright collective management organization should be reduced gradually following the increasing
of the income of charge for use.

Article 29

All the charge for use collected by copyright collective management organization should be shunted to the obligees after management
fee is drawn and must not be diverted to any other purpose.

When copyright collective management organizations shunt charge for use, they should work out the record of it. The record of shunting
charge for use should show clearly the total amount of charge for use, amount of management fee, name of the obligee, name of works
or audio and video products, relevant information of using them, the detailed amount of charge for use that is shunted to the obligee
and as well as other issues. The record should be kept for more than 10 years.

Chapter V The supervision over copyright collective management organization

Article 30

Copyright collective management organization should establish financial and accounting rules and as well as property management rules
in accordance with laws, and establish account book in accordance with related national rules.

Article 31

The use of property and financial management of copyright collective management organization are supervised by the departments of
copyright management and civil affairs of the State Council.

Copyright collective management organization should work out financial account report at the end of a fiscal year, entrust accounting
firm to audit it in accordance with laws and publish the audit result.

Article 32

Copyright collective management organization should record following issues for the obligees and users to look up:

1.

Information of using license of works;

2.

Information of collecting and shunting charge for use;

3.

Information of drawing and using management fee.

The obligees have the rights to look up and copy financial report, work report and other business materials of copyright collective
management organization. Copyright collective management organization should offer convenient

Article 33

The obligees may report to copyright management department of the State Council if they deem any copyright collective management organization
has one of following circumstances:

1.

If the obligees meet with the requirements stipulated by the regulations and ask for joining copyright collective management organization,
or the members ask for drawing from copyright collective management organization in accordance with the provisions of the regulations,
copyright collective management organization refuse them to do so;

2.

Copyright collective management organizations do not collect, shunt charge for use in accordance with the stipulations, or do not
draw and use charge for use in accordance with the stipulations;

3.

The obligees ask for looking up the record or business materials stipulated in Article 32 of these regulations, but copyright collective
management organizations refuse to provide them.

Article 34

The users may report to copyright management department of the State Council if they deem that any copyright collective management
organization has one of following circumstances:

1.

Copyright collective management organization violates Article 23 of these regulations, refusing to conclude license contract with
the users;

2.

Copyright collective management organization does not collect the amount of charge for use in accordance with announced standard of
collecting charge for use;

3.

Users ask for looking up the record stipulated in Article 32 of these regulations, but copyright collective management organization
refuses to provide it.

Article 35

Citizens, legal persons or other organizations, except for the obligees and the users, may report to copyright management department
of the State Council if they deem any copyright collective management organization has the activities that violating the provisions
of these regulations.

Article 36

Copyright management department of the State Council should investigate and deal with the reported cases in accordance with laws within
60 days at the receipt of the report.

Article 37

Copyright management department of the State Council should supervise copyright collective management organization in following ways
and keep a record of the supervision:

1.

Check whether the business activities of copyright collective management organization meet with the provisions of these regulations;

2.

Verify account book, annual budget, final report and other related business materials of copyright collective management organizations;

3.

Send persons to attend membership conference of copyright collective management organizations as no-voting delegates.

Article 38

Copyright collective management organization should accept the supervision of the civil affairs department of the State Council and
other relevant departments.

Chapter VI Legal responsibility

Article 39

Copyright collective management organizations is instructed by copyright management department of the State Council to make corrections
in case of one of following circumstances:

1.

Violate the provision of Article 22 of these regulations, do not report the mutual agency agreement concluded with similar organization
abroad to copyright management department of the State Council for the record;

2.

Violate the provision of Article 24 of these regulations, do not establish right information inquiry system;

3.

Do not collect the amount of charge for use in accordance with announced standard of collecting charge for use.

Copyright collective management organizations managing the obligee’s rights beyond business scope is instructed by copyright management
department of the State Council to make corrections, and the license contract that they concluded with the users is invalid. If they
cause any injury to the obligees or the users, they should bear civil liability in accordance with laws.

Article 40

Copyright collective management organizations are instructed by copyright management department of the State Council to make corrections
in case of one of following circumstances. Whoever does not make any corrections beyond the time limit, membership conference or
board of directors are instructed to recall or dismiss the competent person who is directly responsible for it:

1.

Violate the provisions of Article 19 of these regulations, refusing to conclude copyright collective management contract with the
obligee, or violate the provision of Article 21 of these regulations, refusing the members’ requirements of withdrawing from the
organization;

2.

Violate the provision of Article 23 of these regulations, refusing to conclude license contract with the users;

3.

Do not draw charge for use in accordance with the provision of Article 28 of these regulations;

4.

Don not shunt charge for use in accordance with the provision of Article 29 of these regulations;

5.

Refuse to provide account book, annual budget, final report or other relevant business materials or provide false ones.

Article 41

If any copyright collective management organization does not carry out copyright collective management activities without proper reasons
for 6 months after the department of civil affairs of the State Council issued the registration certificate, or stop copyright collective
management activities for more than 6 months, its copyright collective management license will be recalled by copyright management
department of the State Council and the registration will be revoked by the department of civil affairs of the State Council.

Article 42

If any copyright collective management organization is engaged in profit-seeking activities, it is cancelled by industrial and commercial
administrations in accordance with laws, and its illegal income is confiscated. Whoever commits a crime will be ascertained criminal
responsibility.

Article 43

If any user violates the provisions of Article 27 of these regulations, refusing to provide relevant information of use when he could
provide it, or practicing fraud while he is providing relevant information, he will be instructed to make corrections by copyright
management department of the State Council, and copyright collective management organization may terminate the license contract with
him.

Article 44

Whoever establish copyright collective management organization or branches or is engaged in copyright collective management activities
without permission is cancelled by the copyright management department or the department of civil affairs of the State Council according
to their own responsibilities. Illegal income is confiscated. Whoever commits a crime is ascertained criminal responsibility.

Article 45

If the staffs of national administrative organ who are engaged in approval and supervision of copyright collective management organization
neglect their works, abuse their power, practice favoritism and engage in irregularities, and commit a crime, they will be ascertained
criminal responsibilities. Whoever does not commit a crime will be given administrative disciplinary measures.

Chapter VII Supplementary articles

Article 46

Copyright collective management organizations established before the implementation of these regulations should submit their regulations
and rules, standard of collecting charge for use, measures on shunting charge for use and other relevant materials to copyright management
department of the State Council for verification and approval within 3 months from the date when these regulations become effective,
and also report the mutual agency agreement concluded with similar organizations abroad to copyright department of the State Council
for the record.

Article 47

According to the provisions of Article 23 , Article 32 Section 2, Article 39 Section 3, whoever uses others’ works without paying
charge for fee to the obligee in accordance with Article 32 of Implementation Regulations of Copyright Law of the PRC should submit
charge for fee along with postage and relevant information of using the works to the copyright collective management organizations
that manage relevant rights. Charge for fee is shunted to the obligee by copyright collective management organization.

Copyright collective management organization responsible for shunting charge for use should establish information inquiry system of
using the works for the obligees and users to look up.

Copyright collective management organization responsible for shunting charge for use may draw management fee from charge for use received
by it. Management fee is drawn from half proportion of the management fee stipulated by membership conference according to the proportion
of the management fee of the collective management organization. Except for management fee, the copyright collective management organization
must not draw other fees from charge for use they received.

Article 48

These regulations come into effect as of March 1, 2005



 
The State Council
2004-12-28

 






INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE CREDIT CARD PRESCRIBED IN THE CRIMINAL LAW

Interpretation by the Standing Committee of the National People’s Congress Regarding the Credit Card Prescribed in the Criminal Law
of the People’s Republic of China

(Adopted at the 13th Meeting of the Standing Committee of the Tenth National People’s Congress on December 29, 2004) 

In light of the problems encountered in judicial practice, the Standing Committee of the National People’s Congress has discussed
the implication of “the credit card” prescribed in the Criminal Law and gives the interpretation as follows: 

“The credit card” prescribed in the Criminal Law refers to the electronic payment card that is issued by commercial banks or other
financial institutions and that performs the full or part of the functions of payment for consumption, credit loan, transference
and settlement, cash deposit and withdrawal, etc.  

The Interpretation is hereby announced.

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






CIRCULAR OF MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON RESUMING TUNG BOARDING EXPORT TAX-REFUND MEASURES

Ministry of Finance &The State Administration of Taxation

Circular of Ministry of Finance and the State Administration of Taxation on Resuming Tung Boarding Export Tax-refund Measures

Cai Shui [2004] No.201

December 17, 2004

To departments (bureaus) of finance and bureaus of state taxation of provinces, autonomous regions, municipalities directly under
the Central Government, cites specifically designated in the state plan, the financial supervision commissioners’ offices of provinces,
autonomous Regions, municipalities directly under the Central Government, cites specifically designated in the state plan, Ministry
of Finance of Xinjiang Production and Construction Corporations,

The export tax refund rate on Tung boarding is furbished under the warrant from the state council, with relative questions notified
as follow,

1.

The tax-refund rate of Tung boarding, whose duty number is 44079920, shall be 13%.

2.

This circular shall be effective from the date of June 1, 2004 (The specific time for implementation shall be the export date as indicated
by the customs houses in the Declaration on Export Goods (Used specifically for export tax refund purpose).

This circular is specifically issued



 
Ministry of Finance &The State Administration of Taxation
2004-12-17

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE CONCERNING RELEVANT ISSUES ON THE CONTROL OF FOREIGN EXCHANGES RELATING TO THE USE OF FOREIGN CAPITALS FOR NON-PERFORMING ASSET DISPOSAL OF FINANCIAL ASSET MANAGEMENT COMPANIES

State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange Concerning Relevant Issues on the Control of Foreign Exchanges relating to
the Use of Foreign Capitals for Non-performing Asset Disposal of Financial Asset Management Companies

Hui Fa [2004] No.119

December 17, 2004

The branches and the foreign exchange administration departments of the State Administration of Foreign Exchange of all provinces,
autonomous regions, and municipalities directly under the Central Government, the branches of the State Administration of Foreign
Exchange in Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo, and the China Huarong Asset Management Corporation, the China Orient Asset
Management Corporation, the China Cinda Asset Management Corporation and the China Great Wall Asset Management Corporation:

For the purpose of regulating the control of foreign exchange relating to the use of foreign capitals for non-performing asset disposal
of financial asset management companies, this Circular is hereby notified as follows:

I.

When selling or transferring non-performing assets to a foreign party, a financial asset management company shall report the issues
regarding the income and expenditure in foreign exchange and the remittance to the State Administration of Foreign Exchange for approval
within 15 working days after the trading program is approved by the department in-charge, and submit the following documents:

(i)

an application report on the issues regarding the foreign exchange income and expenditure and the remittance occurred in the asset
selling and transferring;

(ii)

an approval or registration document of the department in-charge on the trading program concerning the foreign sale or transfer of
non-performing assets;

(iii)

the relevant terms in the contract of asset sale and transfer; and

(iv)

an agreement of asset management and service, if the asset management company offers such asset management and service.

II.

Any foreign investor or its agent that has purchased or accepted the non-performing assets of a financial asset management company
shall go through the procedures for archival-filing registration on selling or transferring non-performing assets at the local foreign
exchange branch where the assets are located or at the branch designated by the State Administration of Foreign Exchange within 15
working days after the transaction is finished, and submit the following documents:

(i)

an approval document of the State Administration of Foreign Exchange on the sale or transfer of the relevant assets;

(ii)

a filled archival-filing registration form of external disposal of non-performing asset (see Annex I);

(iii)

a list of sold or transferred assets (its contents shall be detailed, including such fundamental information as the types of assets,
par value of the assets, debtors, term of debts and interest rates, etc.); and

(iv)

if an application is put forward by the agent, the relevant agency agreement, the agent’s business license and operational permit
shall be provided in addition.

III.

A foreign investor or its domestic agent may (purchase foreign exchanges) remit abroad the proceeds from reselling and retransferring
the non-performing assets or the proceeds from businesses. The approval procedure shall be gone through at the foreign exchange branch
where the assets are located or the branch designated by the State Administration of Foreign Exchange for the (purchase of foreign
exchanges) overseas remittance of proceeds, and a filled application form for remitting abroad the foreign party’s proceeds from
the external disposal of non-performing asset (see Annex II), an archival-filing registration form of external disposal of non-performing
asset, a list of items to be disposed of and a certificate file of proceeds shall be provided in addition. In case the tax shall
be paid according to the taxation regulations of our country, the relevant tax payment receipt or certificate shall be provided.

IV.

When handling the archival filing of assets sold or transferred, if the archival-filing assets are under any of the following circumstances,
the enterprise that has received equity investment shall abide by the relevant laws and regulations of the State and go through equity
assessment and confirmation procedures in accordance with the relevant regulations on the management of foreign exchanges:

(i)

if the assets to be filed contain equities;

(ii)

if the credits to be filed are turned into equities of the debtor’s enterprise;

(iii)

if the physical assets to be filed are contributed after conversion into cash at home; or

(iv)

if a foreign investor uses the proceeds from the domestic disposal of non-performing asset for domestic reinvestment.

V.

In case a financial asset management company contributes its cash converted from non-performing assets to establish a foreign-invested
enterprise, it shall abide by the relevant provisions on the management of foreign exchanges relating to foreign-invested enterprises
and go through the relevant procedures at the foreign exchange branch where the foreign-invested enterprise is registered.

VI.

In case the non-performing assets to be disposed of by utilizing foreign capitals contain the third party guarantee, the financial
asset management company shall notify the guarantor of the original debtor and creditor contract.

When handling the archival-filing registration of transferring non-performing assets, the foreign investor or its agent shall give
a clear indication of the detailed instances about the guarantee in the asset archival-filing registration. The State Administration
of Foreign Exchange and its branches shall not register any guarantee that injures social public interests or breaks laws or regulations.

After a financial asset management company disposes of the non-performing assets by using foreign capitals, except for the original
guarantee , the debtor or the third party shall not offer any other guarantee for the sold or transferred credits.

VII.

In case the investor’s ownership of the archival-filing assets is lost due to the buyback, sale (transfer), recovery, stock transfer
or other causes, the foreign investor or its agent shall go through the procedures on canceling the archival filing of credits, physical
assets or equities at the foreign exchange branch where the registration is handled within 15 working days after the loss of the
ownership.

VIII.

In case a financial asset management company sells or transfers non-performing assets to the institutions or individuals in Hong Kong,
Macao and Taiwan and to the natural persons with foreign nationalities, it shall be implemented by referring to this Circular.

IX.

In case any other financial institution disposes of non-performing assets by using foreign capitals with the approval of the department
in-charge, , it shall be implemented by referring to this Circular.

X.

Anyone violating this Circular shall be punished according to the Regulation on the Management of Foreign Exchanges or other relevant
provisions.

XI.

This Circular shall be implemented since January 1, 2005.

Annex:

1.

Archival-filing Registration Form of External Disposal of Non-performing Asset(omitted)

2.

Application Form for Remitting Abroad the Foreign Party’s Proceeds from the External Disposal of Non-performing Asset(omitted)



 
State Administration of Foreign Exchange
2004-12-17

 






DETAILED RULES FOR THE ADMINISTRATION OF ISSUANCE OF AUTOMATIC IMPORT LICENSES FOR AUTOMOBILE PRODUCTS

the Ministry of Commerce

Announcement of the Ministry of Commerce

No. 92

The Detailed Rules for the Administration of Issuance of Automatic Import Licenses for Automobile Products, which were formulated
in accordance with the Measures for the Administration of Import of Machinery and Electronic Products and the Measures for the Administration
of Automatic Import License of Goods, are promulgated hereby and shall go into effect as of January 1, 2005.

The Ministry of Commerce

December 17, 2004

Detailed Rules for the Administration of Issuance of Automatic Import Licenses for Automobile Products

Article 1

For the purpose of effectively monitoring the information on automobile products, maintaining and regulating the normal order of domestic
automobile market, these Detailed Rules are formulated in line with the Measures for the Administration of Import of Machinery and
Electronic Products and the Measures for the Administration of Automatic Import License of Goods.

Article 2

The automobile products as mentioned in these Detailed Rules shall refer to finished automobiles, whole-set automobile fittings, assemblies
or systems of fittings which constitute the features of finished automobiles, assemblies or systems of automobile parts, as well
as key automobile components and parts. For the specific names and codes of the merchandises, please refer to the Catalogue of Goods
Subject to Automatic Import License.

Article 3

The Ministry of Commerce shall be responsible for the administration of automatic import license for automobile products . For the
automobile products subject to the administration of the Ministry of Commerce that is listed in the Catalogue of Goods Subject to
Automatic Import License, the Automatic Import License shall be issued by the Ministry of Commerce; for other automobile products,
however, the Automatic Import License shall be issued by the local or departmental offices in charge of the import and export of
machinery and electronic products.

Article 4

With respect to the automobile products listed in the Catalogue of Goods Subject to Automatic Import License, which are imported by
such means as ordinary trade, barter trade, small quantity frontier trade, lease, assistance, presenting and donation, the importing
entity shall, before declaring to the Customs for clearance, apply to the Ministry of Commerce or the local or departmental office
in charge of the import and export of machinery and electronic products, which is authorized by the Ministry of Commerce (hereinafter
referred to as the issuing bodies) for the Automatic Import License.

Article 5

An entity applying for importing automobile products shall, in addition to the materials as prescribed in Article 8 of the Measures
for the Administration of Automatic Import License of Goods, submit the following materials accordingly under any of the following
circumstances:

(1)

When applying for import of automobiles for sale, it shall submit the testimonial on its authorized automobile brand distribution
(at the time of initial application in the Gregorian calendar year).

(2)

When applying for importation of automobiles for self use by means of ordinary trade, it shall submit its business license or organization
certificate (photocopy); when applying for import of automobiles for self use by means of assistance, donation or presenting, it
shall submit its business license or organization certificate (photocopy) and the testimonials relating to such assistance, donation
or presenting.

(3)

In case an automobile production enterprise applies for importing whole-set fittings (including SKD and CKD) or assemblies (systems)
of parts for production of automobiles, it shall submit the Announcement on the Road Motor Vehicle Production Enterprises and Their
Products in which the type of automobile it produces is listed.

The importing entity shall be responsible for the authenticity of the materials it has submitted, and guarantee that its relevant
business activities comply with the laws and administrative regulations of the State.

Article 6

The application for the Automatic Import License for automobile products may be filed with the issuing body either through computer
network or in writing.

On-line application: the entity applying for import may login the website authorized by the Ministry of Commerce (that is, www.chinabidding.com),
enter into the online application system for the import license, truthfully fill in the Application Form for Importation of Machinery
and Electronic Products and other materials as required online, and meanwhile submits the relevant materials as required by Article
5 of these Detailed Rules to the corresponding issuing body.

Written application: the entity applying for import may obtain the Application Form for Importation of Machinery and Electronic Products
from the issuing body or download it (which may be copied) from the website authorized by the Ministry of Commerce www.chinabidding.com),
and then truthfully fill in the Form as required, and submit it together with other materials prescribed in these Detailed Rules
to the issuing body by delivery, by mail, or by other suitable means.

Article 7

To apply for importing the automobile products that are listed in the Catalogue of Goods Subject to Automatic Import License, which
are administered by the Ministry of Commerce, the applicant’s application materials must be verified by the local or departmental
office in charge of import and export of machinery and electronic products. The local or departmental office in charge of import
and export of machinery and electronic products shall, after receipt of the complete application materials, verify them immediately
or within 3 working days at the longest, and shall submit them to the Ministry of Commerce after verification. The Ministry of Commerce
shall, after receipt of the application that are considered as correct in content and complete in form, issue the Automatic Import
License immediately, or within 10 working days under a particular circumstance.

Article 8

To apply for importing the automobile products that are listed in the Catalogue of Goods Subject to Automatic Import License, which
are administered by the local or departmental office in charge of import and export in charge of machinery and electronic products,
the local or departmental office in charge of import and export of machinery and electronic products shall, after receipt of the
complete application materials, issue the Automatic Import License immediately, or within 10 working days under a particular circumstance.

Article 9

Upon verification by the relevant department that automobile components and parts constituting features of finished automobile are
imported, the Ministry of Commerce shall print and indicate “Constituting Features of Finished Automobile” in the remarks column
of the Automatic Import License it issues.

Article 10

The automobile products imported for processing trade shall be re-exported in accordance with the provisions. In case the automobile
products can not be exported due to certain reasons and need to be marketed inside China, the application shall be filed with the
Ministry of Commerce by the enterprise in accordance with the relevant provisions on ordinary trade if such automobile products are
subject to the administration of the Ministry of Commerce, and the Ministry of Commerce shall be responsible for issuing the Automatic
Import License; while for other automobile products, the application shall be filed by the enterprise with the office at its locality
or the office of the department to which it is subordinate in charge of import and export of machinery and electronic products, and
the said offices shall be responsible for issuing the Automatic Import License. Each competent department for commercial processing
trade at the provincial level shall, in accordance with the relevant provisions in the Measures for the Administration of Examination
and Approval and Domestic Marketing of Automobiles Processing Trade, issue the Approval Certificate for Domestic Marketing of Bonded
Materials and Components Imported for Processing Trade on the strength of the Automatic Import License issued.

In case the automobile products within an export processing zone need to be sold to the outside of the zone and within the territory
of China, the importing entity must apply for the Automatic Import License in accordance with these Detailed Rules.

Article 11

A foreign-funded enterprise that imports automobiles (finished automobiles) for self use shall go through the import procedures in
accordance with the relevant provisions.

Article 12

The Customs shall, on the strength of the Automatic Import License sealed with a special stamp of automatic import license for machinery
and electronic products, handle the procedures related to inspection and clearance, while the bank shall handle the procedures related
to sales and payment of foreign exchanges on the strength of the Automatic Import License.

Article 13

The Automatic Import License for automobile products shall be under the administration of either “one license for one batch” or “one
license for not only one batch”.

Article 14

The term of validity of an Automatic Import License for automobile products shall be six months, and the “Automatic Import License”
may only be valid within the Gregorian calendar year in which it is issued.

The content of the Automatic Import License shall not be altered.

In case any Automatic Import License needs to be renewed or modified, the party concerned shall re-apply for a new one, and return
the old one to the original issuing body for revocation.

Article 15

In case the Automatic Import License for automobile products is unable to be used or has not been used up within the term of validity,
it shall be returned to the original issuing body within its term of validity.

Article 16

In case an Automatic Import License is lost, the entity applying for import shall immediately report in writing the loss to the original
issuing body and the Customs which has been specified as the importing port on the Automatic Import License. If the loss has no ill
consequence upon verification, the original issuing body may issue a new one; if, however, the loss causes any ill consequence, the
said entity shall be subject to punishment on the basis of the effect caused, from a warning to suspension of the issuance of its
Automatic Import License.

Article 17

Whoever fails to apply for the Automatic Import License in accordance with these Detailed Rules but discretionarily imports automobile
products subject to administration of automatic import license shall be punished or penalized by the Customs in accordance with the
relevant laws and administrative regulations. If a crime is constituted, he/it shall be prosecuted for criminal liabilities in accordance
with the law.

Article 18

Whoever forges, alters, buys or sells the Automatic Import License for automobile products, or obtains the Automatic Import License
by fraud or by other foul means, shall be penalized in accordance with the relevant laws and administrative regulations. If a crime
is constituted, he/it shall be prosecuted for criminal liabilities in accordance with the law.

Article 19

The power to interpret these Detailed Rules shall be vested inthe Ministry of Commerce.

Article 20

These Detailed Rules shall go into effect as of January 1, 2005.



 
the Ministry of Commerce
2004-12-17

 






CIRCULAR OF THE MINISTRY OF COMMERCE ON ISSUING EXPORT QUOTAS FOR MULBERRY SILK COMMODITIES IN 2005

Ministry of Commerce

Circular of the Ministry of Commerce on Issuing Export Quotas for Mulberry Silk Commodities in 2005

Shang Mao Han [2004] No. 107

The competent commercial departments of the provinces, autonomous regions, municipalities directly under the Central Government and
cities specifically designated in the State plan, China National Silk Industry Corporation and China National Silk Import and Export
Corporation:

In accordance with the total Export Quotas in 2005 and the applications raised by all the provinces, autonomous regions, municipalities
directly under the Central Government, cities specifically designated in the state plan and Enterprises with State Management, part
of Mulberry Silk Commodities Export Quotas in 2005 is now issued and hereby notified as follows:

I.

Export Quotas License Management for grey silk and part of Mulberry Silk Commodities was canceled as of January 1, 2005. This Circular
on Issuing Mulberry Silk Commodities Export Quotas shall only apply for Mulberry Silk Commodities (including filature silk and other
kinds of silk) that are still under Export Quotas License Management after January 1, 2005, namely Commodities with the Customs Codes
beginning with 5001 to 5003.

II.

Mulberry Silk Commodities Export Quotas in 2005 shall be allotted in accordance with the application amount of all the provinces,
autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan and Enterprises
under the Administration of the Central Government, as well as with the employment of similar quotas in 2004.

III.

All the local competent departments shall allot the quotas to relevant export enterprises as soon as possible, submit The Second Allotment
Plan to Ministry of Commerce (Department of Foreign Trade) for auditing and recording prior to January 31, 2005, and simultaneously
make a copy for China International Electronic Commerce Center.

IV.

The competent departments of the Frontier Province and autonomous regions shall manage Border Trade Export of commodities in the region
which State emphatically manages strictly in accordance with the relevant national regulations and regulate export in line with Border
Trade Export Quotas of Mulberry Silk Commodities issued by Ministry of Commerce, and submit The Second Allotment Plan to Ministry
of Commerce (Department of Foreign Trade) for auditing and recording prior to January 31, 2005 and simultaneously make a copy for
China International Electronic Commerce Center.

Appendix: Allotment Plan for Part of Mulberry Silk Commodities Export Quotas in 2005

Ministry of Commerce

December 19, 2004 htm/e03902.htmAppendix

￿￿
￿￿
Appendix:

Allotment Plan for Part of Mulberry Silk Commodities Export Quotas in 2005

￿￿

Area

Mulberry Silk (including Filature silk and other kinds of silk)

Total

14700

China National Silk Industry Corporation

100

China National Silk Import and Export Corporation

500

Beijing

150

Tianjin

100

Hebei

200

Heilongjiang

50

Liaoning

200

Jilin

50

Henan

100

Shandong

1700

Qingdao

200

Hainan

400

Anhui

400

Jiangsu

2000

Zhejiang

3000

Ningbo

300

Shanghai

550

Guangdong

2000

Guangxi

200

Sichuan

1000

Chongqing

800

Shanxi

150

Yunnan

50

Yunnan (Border Trade)

100

Tibet Autonomous Region

50

Tibet (Border Trade)

100

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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