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MEASURES FOR ANNOUNCEMENT OF OUTSTANDING TAXES (FOR TRIAL IMPLEMENTATION)

State Administration of Taxation

Order of the State Administration of Taxation

No.9

The Measures for Announcement of Outstanding Taxes (For Trial Implementation), which were deliberated and adopted at the 3rd executive
meeting of the Administration on August 18th, 2004, are hereby promulgated, and shall be implemented as of January 1st, 2005.

Xie Xuren, Director General of the State Administration of Taxation

October 10th, 2004

Measures for Announcement of Outstanding Taxes (For Trial Implementation)

Article 1

With a view to standardizing the acts of tax authorities for their announcement of outstanding taxes, urging taxpayers to pay outstanding
taxes on their own initiatives, preventing the occurrence of new outstanding taxes, and ensuring the state tax money to be turned
in the treasury in time and in full amount, the present Measures are formulated in accordance with the provisions of the Law of the
People’s Republic of China concerning the Administration of Tax Collection (hereinafter referred to as the “Tax Collection Administration
Law”) and its detailed implementation rules.

Article 2

The “announcement organs” as mentioned in the present Measures shall refer to the tax bureaus at the county level or above.

Article 3

The “outstanding taxes” as mentioned in the present Measures shall refer to the tax money failing to be paid by any taxpayer exceeding
the time limit as stipulated by tax laws and administrative regulations or exceeding the time limit for tax payment (hereinafter
referred to as the time limit for tax payment) as determined by the tax authorities pursuant to tax laws and administrative regulations,
covering:

1.

Tax money that fails to be paid by a taxpayer within the time limit for tax payment after handling declaration for tax payment;

2.

Tax money that fails to be paid by a taxpayer within the time limit for tax payment after the expiry of the time limit for extension
of tax payment upon approval;

3.

Tax money failing to be paid by a taxpayer within the time limit for payment of taxes that shall be made up by the taxpayer as determined
through taxation inspection;

4.

Tax money failing to be paid by a taxpayer within the time limit for tax payable as checked and ratified by the tax authority according
to Article 27 or 35 of the Tax Collection Administration Law; and

5.

Other tax money failing to be paid by a taxpayer within the time limit for tax payment.

The tax authorities shall verify the amount of outstanding taxes as stipulated in the preceding paragraph in time.

The outstanding taxes announced in the present Measures shall not cover late fees and fines.

Article 4

The announcement organ shall announce the outstanding taxes of any taxpayer at the tax handling places or in such mass media as radio,
television, newspapers, periodicals, and networks, etc.on schedule.

1.

Where any enterprise or entity owes taxes, the announcement shall be made once every quarter;

2.

Where any individual business or any other individual owes taxes, the announcement shall be made once half a year; and

3.

The announcement shall be made at any time, in case any taxpaying household who escapes or disappears or other outstanding taxes of
abnormal households whose whereabouts cannot be found out by the tax authorities.

Article 5

The contents of the announcement of outstanding taxes shall be as follows:

1.

Where any enterprise or entity owes taxes, the announcement shall cover the name of the enterprise or entity, the identification number
of the taxpayer, name of the legal representative or responsible person, number of identity certificate of a citizen or other valid
identity certificates, business place, categories of outstanding taxes, balance of outstanding taxes and the amount of outstanding
taxes newly arising in the current term;

2.

Where any individual business owes taxes, the announcement shall cover: the name of the individual business, name of the owner, identification
number of the taxpayer, number of the identity card of a citizen or other valid identity certificate, business place, type of outstanding
taxes, balance of outstanding taxes and the amount of outstanding taxes newly arising in the current term; and

3.

Where an individual (excluding individual business) owes taxes, the announcement shall cover: his name, number of identity card of
a citizen or other valid identity certificates, types of outstanding taxes, balance of outstanding taxes, and the amount of outstanding
taxes newly arising in the current term.

Article 6

Where any taxpayer of an enterprise or entity owes tax money less than RMB 2 million Yuan (not included), or any individual business
or individual owes tax money less than RMB 100,000 Yuan (not included), they shall be announced by the tax bureaus or sub-bureaus
at the county level at the tax handling service hall.

Where any taxpayer of an enterprise or entity owes tax money of RMB 2 million Yuan (included) or more, or any individual business
and other individual owes tax money RMB 100 thousand Yuan (included) or more, they shall be announced by the tax bureaus or sub-bureaus
at the prefecture or municipal level.

Where any taxpaying household and other taxpayer whose whereabouts cannot be found out by the tax authorities owes taxes, they shall
be announced by the state taxation bureaus or local taxation bureaus of all the provinces, autonomous regions, municipalities directly
under the Central Government, and cities under separate state planning.

Article 7

With respect to the outstanding taxes information of any taxpayer that needs to be announced by the upper level announcement organ
in line with the present Measures, the lower level announcement organ shall report it to the upper level organ in time.The specific
time and requirements shall be determined by the tax bureaus of the provinces, autonomous regions, municipalities directly under
the Central Government, and cities under separate state planning.

Article 8

Before making an announcement on outstanding taxes, an announcement organ shall make confirmation on the outstanding taxes conditions
of any taxpayer deeply and in detail, lay emphasis on the verification of the outstanding taxes statistical listing data and the
data recorded in the ledger of different accounts of the taxpayer, written data recorded in book accounts and electronic data recorded
in the information system one by one, so as to ensure the truthfulness and accuracy of the data announced.

Article 9

Once outstanding taxes has been determined, the announcement organ shall sign and issue announcement by ways of formal documentation
to announce to the society.

The method of combining the balance of outstanding taxes with the newly increased outstanding taxes shall be implemented for the amount
of outstanding taxes in the announcement, and the tax authority may not make announcement on the following outstanding taxes of a
taxpayer:

1.

Outstanding taxes of a taxpayer who has been adjudicated bankruptcy, and been revoked qualification of a legal person after legal
liquidation;

2.

Outstanding taxes of an enterprise, which has been ordered to revoke or close down and has been deregistered or disqualified as a
legal person according to law after legal liquidation;

3.

Outstanding taxes of an enterprise, which has consecutively stopped production and business operation for more than one year (computed
on the basis of the date of the calendar); and

4.

Outstanding taxes of a taxpayer who has disappeared for more than two years.

The decision on announcement shall be listed as archives of materials of taxation collection administration, and shall be kept properly.

Article 10

An announcement organ shall not exceed the scope as stipulated in the present Measures when announcing the outstanding taxes of any
taxpayer, and shall keep secrets for the pertinent conditions of any taxpayer pursuant to the Tax Collection Administration Law and
its detailed implementation rules.

Article 11

After occurrence of any outstanding taxes, a tax authority shall, in addition to making announcement according to the present Measures,
urge the payment of tax according to law and strictly compute and collect additional late fees by day, or even take taxation preservation
or taxation mandatory enforcement measures to clear the outstanding taxes.No entity or individual may, in the form of announcement
of outstanding taxes, substitute the taxation preservation or taxation mandatory enforcement measures and the implementation of other
legal measures to disturb the clearance of outstanding taxes.The announcement organs at all levels shall designate a department to
take charge of the work of announcement on outstanding taxes and clarify the relevant liabilities of the other relevant functional
departments to strengthen administration on outstanding taxes.

Article 12

Where any announcement organ fails to make public notice it shall make or fails to report to the upper level organ that it shall report
to, which results in damages to the tax money of the state, the tax authority of the upper level shall, in addition to ordering it
to set right, give punishment on the personnel directly liable in accordance with the provisions of the Interim Regulation on National
Public Servants and the Notice of the Ministry of Personnel on Relevant Issues concerning the Disciplinary Punishment on National
Public Servants.

Article 13

The provisions of the present Measures shall be abided by for making announcement on outstanding taxes of withholders and tax paying
guarantor.

Article 14

The tax bureaus of all the provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate
state planning may formulate specific implementation rules according to the present Measures.

Article 15

The power to interpret the present Measures shall remain with the State Administration of Taxation.

Article 16

The present Measures shall be implemented as of January 1st, 2005.



 
State Administration of Taxation
2004-10-10

 







DETAILED RULES FOR THE IMPLEMENTATION OF THE MEASURES FOR THE ADMINISTRATION OF FINANCIAL INSTITUTIONS’ REPORT OF LARGE-VALUE AND SUSPICIOUS FOREIGN EXCHANGE TRANSACTIONS

the State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange on Issuing the Detailed Rules for the Implementation of the Measures for
the Administration of Financial Institutions’ Report of Large-Value and Suspicious Foreign Exchange Transactions

Huifa [2004] No. 100

Oct 12, 2004

The branches or foreign exchange management departments of the State Administration (hereafter referred to as “SAFE”) of foreign exchange
of all provinces, autonomous regions and municipalities directly under the Central Government, the SAFE’s branches in Shenzhen, Dalian,
Qingdao, Xiamen and Ningbo, the Industrial and Commercial Bank of China, the Agriculture Bank of China, the Bank of China, China
Construction Bank, the Bank of Communications, China Development Bank, the Export-Import Bank of China, the Agricultural Development
Bank of China, CITIC Industrial Bank, China Everbright Bank, Huaxia Bank, Guangdong Development Bank, Shenzhen Development Bank Co.,
Ltd., China Merchant Bank, Xingye Bank, Shanghai Pudong Development Bank, China Minsheng Banking Corp., Ltd. and China Zheshang Bank:

With the view of standardizing the reporting act of financial institutions of large-value and suspicious foreign exchange transactions,
making better-defined the laws and regulations on and strengthening the work of anti-money laundering in the foreign exchange sector,
the Detailed Rules for the Implementation of Measures for the Administration of Report of Financial Institutions of Large-value and
Suspicious Foreign Exchange Transactions (hereinafter referred to as the “Detailed Rules for Implementation”, for which see the Attachment),
as formulated by the State Administration of Foreign Exchange according to the Law of the People’s Republic of China on the People’s
Bank of China, Provisions Concerning the Anti-money Laundering Practices by Financial Institutions and the Measures for the Administration
of Financial Institutions’ Report of Large-Value and Suspicious Foreign Exchange Transactions, are hereby issued to you with the
relevant matters clarified as follows:

Every financial institution shall, pursuant to the Measures for the Administration of Financial Institutions’ Report of Large-Value
and Suspicious Foreign Exchange Transactions, the Detailed Rules for Implementation and the plans and standards promulgated by SAFE
for the collection of data relating to large-value and suspicious foreign exchange transactions, report to SAFE and its branch and
sub-branch offices timely and accurately of the large-value and suspicious foreign exchange transactions and further improve the
work of reporting large-value and suspicious foreign exchange transactions.

Every SAFE branch or sub-branch office shall strengthen their contact and communication with financial institutions and enhance their
guidance in, supervision and control on the anti-money laundering work of financial institutions.

Upon receipt of this Circular, every SAFE branch (department of foreign exchange control) shall, promptly transmit it to the sub-branches
and banks under its jurisdiction; the head office of every Chinese-funded foreign exchange bank shall promptly transmit it to its
subordinate branches. Any problem arisen during the implementation of this Circular shall be promptly submitted to the inspection
department of SAFE.

Contact person: Lu Zheng

Phone: 010-68402106

Detailed Rules for the Implementation of the Measures for the Administration of Financial Institutions’ Report of Large-value and
Suspicious Foreign Exchange Transactions

Chapter I General Provisions

Article 1

In order to standard the reporting by financial institutions of large-value and suspicious foreign exchange transactions, perfect
the anti-money laundering work in the foreign exchange field, the Detailed Rules for Implementation are formulated according to the
Law of the People’s Republic of China on the People’s Bank of China, the Provisions Concerning the Anti-money Laundering Practices
by Financial Institutions and the Measures for the Administration of Financial Institutions’ Report of Large-value and Suspicious
Foreign Exchange Transactions (hereinafter referred to as the “Measures for Administration”) .

Article 2

The SAFE and its branch and sub-branch offices (hereinafter referred to as the “AFE”) shall be responsible for the inspection, supervision
and administration of the implementation of the Measures for Administration by financial institutions, itemize, filtrate, identify
and analyze information relating to large-value and suspicious foreign exchange transactions reported by financial institutions,
make investigations and punishments on any act in violation of any provision concerning foreign exchange control by following the
tracks of and verifying the information of suspicious foreign exchange transactions, hand over the information and clues of any suspected
money laundering or any other crime to the authority for public security or other law enforcement organs, and keep away and crack
down on money laundering and other illegal acts cooperating with other supervisory, law enforcement and judicial organs.

Article 3

Every financial institution shall strictly comply with the provisions concerning anti-money laundering and conscientiously perform
its duty of anti-money laundering.

Every financial institution shall establish and perfect an internal anti-money laundering control system, set up a special operating
department for anti-money laundering or designate an existing department to be responsible for the anti-money laundering work with
appointment of a special person in charge.

Every financial institution shall follow out the principle of “having good knowledge of your customers”, comply with the relevant
provisions on using the real name for opening an individual deposit account and, when developing business relations with its customers
and handling the foreign exchange business, get a good grasp of its customers’ identities and daily operation conditions and other
credit standing circumstances and identify its customers.

Every financial institution shall identify and verify the information related to large-value and suspicious foreign exchange transactions
and promptly report it to the AFE.

Every financial institution shall keep for at least five years the records made during the performance of anti-money laundering.

Every financial institution shall abide by the secret-keeping system and may not disclose to any entity or individual any information
of large-value or suspicious foreign exchange transaction or information of any of its customers enquired, verified or investigated,
unless otherwise provided for by the state.

Every financial institution shall assist and cooperate with the AFE, other supervisory, law enforcement and judicial organs in anti-money
laundering practices.

Chapter II Substance of and Standards for Reporting Large-value and Suspicious Foreign Exchange Transactions

Article 4

Every financial institution shall report the foreign exchange transactions prescribed in Article 8 of the Measures for Administration
in both paper and electronic forms on a monthly basis.

Every financial institution shall report the foreign exchange transactions prescribed under Article 9 , Articles 10 (1), (2), (3),
(4), (5), (6), (7), (8), (9), (10), (11), (12), (19) and (20), Article 12 (3) and Articles 13 (3), (8), (9) and (23) of the Measures
for Administration in both paper and electronic forms on a monthly basis.

Article 5

Every financial institution shall promptly report the foreign exchange transactions prescribed under Articles 10 (13), (14), (15),
16), (17) and (18), Articles 12 (1) and (2) and Articles 13 (1), (2), (4), (5), (6), (7), (10), (11), (12), (13), (14), (15), (16),
(17), (18), (19), (20), (21), (22) and (24) of the Measures for Administration in paper form.

Article 6

Large-value and suspicious foreign exchange transactions, made through an account (or bankcard) opened in a domestic financial institution,
shall be reported by the opening (issuing) bank; large-value and suspicious foreign exchange transactions, made through a bankcard
issued abroad, shall be submitted by the acquiring bank; large-value and suspicious foreign exchange transactions, made in any way
other than through a account (or bankcard), shall be reported by the operation-handling bank.

Article 7

When being reported of large-value and suspicious foreign exchange transactions, the accumulated amount of transactions prescribed
in the present Measures shall be calculated unilaterally based on the receipt or payment of funds.

When being reported of large-value and suspicious foreign exchange transactions, in the case of fund moving between foreign exchange
accounts, the relevant standards for non-cash transactions shall apply; and in the case of deposit or withdrawal of foreign exchange
cash into or from an account or any other cash transactions, the relevant standards for cash transactions shall apply.

Article 8

A large-value foreign exchange transaction referred to in Article 8 of the Measures for Administration means:

(1)

any single or multiple foreign exchange cash transactions made in a day by an enterprise or individual with an amount or an accumulated
amount of value equal to or more than of US$10,000;

(2)

any single or multiple non-cash foreign exchange transactions made in a day by an individual with an amount or an accumulated amount
of value equal to or more than US$100,000; or

(3)

any single or multiple non-cash foreign exchange transactions made in a day by an enterprise with an amount or an accumulated amount
of value equal to or more than US$500,000;

The large-value foreign exchange transactions, meeting any of the following requirements may not need to be reported:

(1)

upon the maturity of a time deposit, the principal or the principal together with all or part of the interest thereon is not directly
withdrawn or transferred but re-deposited into another account of the customer under the same name in the same financial institution;

(2)

the principal or the principal together with all or part of the interest thereon in a current account is transferred to a time deposit
in another account of the customer under the same name in the same financial institution;

(3)

the principal or the principal together with all or part of the interest thereon of a time deposit is transferred to a current account
opened by the same customer under the same name in the same financial institution;

(4)

any large-value conversion from one to another foreign currency during an foreign exchange transaction by an individual with a firm
offer;

(5)

any large-value foreign exchange transaction by any of the Party or state organs (including the state organs of power, administrative,
judicial and military organs) at various levels, the Chinese People’s Liberation Army and Armed Police Force, or the National Committee
of the CPPCC or CPPCC local committees, not including any enterprise or institution subordinate to any of them;

(6)

any large-value foreign exchange transaction under a re-loaning of any international financial organization or foreign government
loan;

(7)

any large-value debt swap transaction under a loan from any international financial organization or foreign government; and

(8)

other large-value foreign exchange transactions as may be provided by the SAFE.

Article 9

“In a large amount” as referred to in Articles 9, 10, 12 and 13 of the Measures for Administration means a single or multiple foreign
exchange transactions with an amount or an accumulated amount of value not less than:

(1)

in the case of foreign exchange cash transactions, the equivalent of $8,000;

(2)

in the case of non-cash foreign exchange transactions by an individual, the equivalent of $80,000; or

(3)

in the case of non-cash foreign exchange transactions by an enterprise, the equivalent of $480,000.

Article 10

“Mostly” as referred to in Articles 9 (9) and (10) of the Measures for Administration means being at least 50%.

Article 11

“Large amount of Renminbi cash” as referred to in Article 12 (3) of the Measures for Administration means Renminbi cash in an amount
of at least ￿￿20,000.

Article 12

“The annual remit of profit by an enterprise with foreign investment exceeding the amount of investment by a large margin or obviously
not in conformity with its business operation” as referred to in Article 10 (15) of the Measures for Administration means the case
where the annual accumulated remit of profit by the foreign party of an enterprise with foreign investment exceeding the amount of
investment already made by at least 50% or obviously not in line with its business operation.

Article 13

“Offsetting deposit or loan transaction with any affiliated or associated company of a financial institution located in a region with
serious problems of smuggling, narcotics trafficking or terrorist activities” as referred to in Article 10 (17) of the Measures
for Administration means any offsetting deposit or loan transaction between any financial institutions, enterprises or individuals
and any affiliated or associated companies of a financial institution located in a region with serious problems of smuggling, narcotics
trafficking or terrorist activities.

Article 14

“Disbursal from a foreign exchange account in an amount roughly equal to the amount of deposit made on the same or previous day” as
referred to in Article 12 (1) of the Measures for Administration means the amount withdrawn, settled, remitted or transferred from
a foreign exchange account roughly equal to the amount of cash deposit made on the same or previous day.

Article 15

“Any account holder depositing foreign exchange or Renminbi cash in many transactions in foreign currency savings accounts of others
and receiving at the same time Renminbi or foreign exchange of the equivalent amount” as referred to in Article 12 (2) of the Measures
for Administration means the case where the savings or balance accounts of both of the transacting parties respectively have a foreign
exchange and Renminbi receipt, that is, when a party deposits foreign exchange in the savings or balance account of another person,
he receives Renminbi in the equivalent amount through his savings or balance account, and vice versa.

Article 16

“Any enterprise group making any internal foreign exchange fund transfer exceeding the volume of its actual business operation” as
referred to in Article 13 (5) of the Measures for Administration means any foreign exchange transaction that is not commensurate
with the actual demand of business between enterprises within an enterprise group or between the enterprise group and associated
companies.

Article 17

“Any enterprise knowingly conducting loss-making sale or purchase of foreign exchange” as referred to in Article 13 (15) of the Measures
for Administration means the case where an enterprise knows that the existing condition is unfavorable for the transaction to be
made but still makes purchase or sale of foreign exchange without sound reasons.

Article 18

“Any foreign exchange transaction being suspected on reasonable grounds by the staff of the bank or other financial institutions”
as referred to in Article 13 (24) of the Measures for Administration means any cash or non-cash foreign exchange transaction as
discovered and inferred to be likely related with any money laundering activity or other like crimes by a staff member of a financial
institution with due care and prudence in identifying the transaction and customer when handling the financial business.

Chapter III Procedures for Financial Institutions’ Report of Large-Value and Suspicious Foreign Exchange Transactions

Article 19

When reporting large-value and suspicious foreign exchange transactions, financial institutions shall accurately fill out the report
forms in strict accordance with the format specified by SAFE and submit them to AFE after verification and auditing.

Article 20

As to the large-value foreign exchange transactions according with the first paragraph of Article 4 of the present Detailed Rules
for Implementation, financial institutions shall fill out and submit a “Monthly Report Form of Large-Value Foreign Exchange Transactions
by Enterprises” (hereinafter referred to as the “Form I”) or a “Monthly Report Form of Large-Value Foreign Exchange Transactions
by Resident and Non-Resident Individuals” (hereinafter referred to as the “Form II”).

As to the suspicious foreign exchange transactions according with the second paragraph of Article 4 of the present Detailed Rules
for Implementation, financial institutions shall fill out and submit a “Monthly Report Form of Suspicious Foreign Exchange Transactions”
(hereinafter referred to as the “Form III”) on the monthly basis.

As to the suspicious foreign exchange transactions according with Article 5 of the present Detailed Rules for Implementation, financial
institutions shall promptly fill out and submit a “Report Form of Suspicious Foreign Exchange Transactions Identified by Financial
Institutions” (hereinafter referred to as the “Form IV”) or a (Report) Form for the Handing-over of Cases of (Clues to) Suspected
Money Laundering Activities in the Foreign Exchange Field (See Attachment 1) with the relevant materials attached.

Article 21

Every branch office of financial institutions shall, within the first five working days of each month, itemize the information of
large-value and suspicious foreign exchange transactions that have occurred in the preceding month by filling out Forms I, II and
III, and submit these forms through its superior office to the principal reporting unit and to the local AFE in both paper and electronic
forms.

The head office of every financial institution shall, within the first five working days of each month, itemize the information of
large-value and suspicious foreign exchange transactions that have occurred within the head office in the preceding month by filling
out Forms I, II and III and submit these forms to the local AFE in both paper and electronic forms.

Article 22

Every principal reporting unit shall, within the first 15 days of each month, itemize the information of large-value and suspicious
foreign exchange transactions that have taken place in the head office in the preceding month by filling out Forms I, II and III
and submit these forms to its head office and to the SAFE branch or the department for foreign exchange control of the province,
autonomous region or municipality directly under the Central Government where it is located in both paper and electronic forms.

Article 23

The head office of every financial institution shall, within the first 20 days of each month, itemize the information of large-value
and suspicious foreign exchange transactions that have taken place within its jurisdiction in the preceding month by filling out
Forms I, II and III and submit these forms to the SAFE in electronic form.

Article 24

Every financial institution shall examine the suspicious foreign exchange transactions according with Article 5 of the present Detailed
Rules for Implementation and, in the case of discovery of any suspected money laundering activity, fill out Form IV and submit it
to the local AFE attached with the relevant materials within three working days from the discovery.

Article 25

Where any financial institution discovers a crime of (clue to) suspected money laundering, it shall, within three working days from
the discovery, fill out a (Report) Form for the Handing over of Cases of (Clues to) Suspected Money Laundering Activities in the
Foreign Exchange Field and hand it over to the public security department attached with the relevant materials and submit a copy
of the Form to the local AFE.

Article 26

Financial institutions may computerize the collection of reporting data concerning large-value foreign exchange transactions and suspicious
foreign exchange transactions that can be quantitatively described, provided that:

(1)

the integrity, standardization and reality of the information be ensured;

(2)

the data originate from the accounting data and other core business data in the original database of the financial institution; and

(3)

the quantification indicators and interface specification as issued by the SAFE be abided by.

Chapter IV The Gathering, Filtering, Identification, Analysis, Investigation, Verification and Treatment by the AFE of Reporting Data
Concerning Large-Value and Suspicious Foreign Exchange Transactions

Article 27

The AFE shall, pursuant to the specified procedure, examine the standardization of the reporting forms submitted by financial institutions,
and if any reporting form fails to meet the requirement for standardization, charge the financial institution concerned to promptly
fill out and submit another proper reporting form.

The branch or the foreign exchange control department of SAFE of every province, autonomous region or municipality directly under
the Central Government shall respectively itemize Forms I, II and III that meet the requirement for standardization and submit the
itemized materials to the SAFE before the 20th every month.

After receiving Forms IV and (Report) Forms for the Handing-over of Cases of (Clues to) Suspected Money Laundering Activities in the
Foreign Exchange Field as submitted by financial institutions, every SAFE sub-branch shall submit them through its superior office
to the SAFE branch or foreign exchange control department of the province, autonomous region or municipality directly under the Central
Government which shall make a prompt itemization and submit the itemized materials to the SAFE.

Article 28

The AFE shall promptly input into its database and itemize, filter, identify, analyze and verify the electronic data that meets the
requirement for standardization and submit analysis reports (monthly and quarterly) to its superior office based on the relevant
provisions.

Article 29

Where the superior office of an AFE hands over any information on suspicious foreign exchange transactions for verification to the
inferior office, the superior office shall fill out a Sheet for the Handing-over of Information on Large-value and Suspicious Foreign
Exchange Transactions Involved in Cases (See Attachment 2). The inferior office shall promptly make such verification and report
the verification and treatment result to the superior office within a specified time limit.

Article 30

Where any assistance of another SAFE branch or sub-branch is required for verification of the information on foreign exchange transactions,
the requesting branch or sub-branch shall fill out a Letter Requesting Assistance for Verification of Large-value and Suspicious
Foreign Exchange Transactions (See Attachment 3), and the requested branch or sub-branch shall promptly make such verification and
notify the requesting branch or sub-branch of the result of the verification.

Article 31

Where any assistance of a financial institution is required for verification of the information on foreign exchange transactions,
the requesting AFE shall fill out a Notice of Out-of-spot Verification of Large-value and Suspicious Foreign Exchange Transactions
(See Attachment 4). The requested financial institution shall provide such assistance as requested and notify the requesting AFE
of the verification result.

Article 32

In cast the AFE discovers any suspected crime of (clue to) money laundering, it shall hand over the case or clue to the public security
department according to the Provisions Concerning the Cooperation Between the Public Security Department and the State Administration
of Foreign Exchange in Anti-money Laundering Practices in the Foreign Exchange Field; in the case of discovery of any other suspected
offence (clue), it shall hand the case (clue) over to the relevant law enforcement organ according to the Operating Rules for Handing
over Cases.

Article 33

The AFE shall severely deal with, according to law, suspected violations of the provisions on foreign exchange control discovered
during the verification.

The SAFE branch or foreign exchange control department of every province, autonomous region or municipality directly under the Central
Government shall, on a monthly basis, submit to the SAFE a report on the following work conducted by itself and the SAFEs subordinate
to it by making use of the reporting information of large-value and suspicious foreign exchange transactions:

(1)

discovering clues to suspected crimes and handing over the cases to the public security department;

(2)

providing assistance to the judicial and other law enforcement organs;

(3)

discovering and dealing with suspected violations of the provisions on the foreign exchange control.

Chapter V Legal Responsibility

Article 34

Where any financial institution fails to report any large-value or suspicious foreign exchange transaction or fails to do so timely
, it shall be given a warning and a fine of 50,000 up to 300,000 yuan by the AFE pursuant to Article 25 of the Measures for Punishment
of Illegal Financial Activities.

Article 35

Where any financial institution opens an foreign exchange account for an enterprise without examining the customer information or
without requiring all of the necessary customer information according to the relevant provisions, it shall be charged to make corrections
and cancel the foreign exchange account, condemned publicly and given a fine of 50,000 up to 300,000 yuan by the AFE pursuant to
Article 47 of the Regulations of the People’s Republic of China on Foreign Exchange Control.

Article 36

Where any financial institution is involved in any of the following circumstances, it shall be charged to make corrections, condemned
publicly and given a fine of 50,000 up to 300,000 yuan by the AFE pursuant to Article 49 of the Regulations of the People’s Republic
of China on Foreign Exchange Control:

(1)

failing to provide assistance to the AFE by making out-of-spot verification of anti-money laundering information;

(2)

failing to provide assistance to the AFE by making spot verification of anti-money laundering information;

(3)

failing to establish an internal anti-money laundering control system according to relevant provisions; and

(4)

failing to be cooperative in the inspection and supervision by the AFE over the anti-laundering work.

Article 37

Where any financial institution is involved in any of the following circumstances, it shall be charged to make corrections and given
a warning and may be given a fine of 10,000 up to 30,000 yuan pursuant to Article 17 of the Measures:

(1)

failing to submit integrated report of large-value and suspicious foreign exchange transactions according to the relevant provisions;

(2)

failing to accurately report information of large-value and suspicious foreign exchange transactions according to the relevant provisions;

(3)

failing to keep records of large-value and suspicious foreign exchange transactions and the relevant materials according to the relevant
provisions; and

(4)

violating the relevant provisions by disclosing the information of any large-value and suspicious foreign exchange transactions or
of any of its customers being enquired, verified or investigated.

Article 38

Where any financial institution opens a foreign exchange account for any individual without examining the customer information or
without requiring all of the necessary customer information according to the relevant provisions, it shall be charged to make corrections
and given a warning and may be given a fine of 1,000 up to 5,000 yuan by the AFE pursuant to Article 18 of the Measures for Administration.

Article 39

Where any financial institution violates any of the anti-money laundering provisions when handling foreign exchange business and causes
heavy losses as a result, the AFE shall suspend or cease part or all of its foreign exchange settlement and sales business pursuant
to Article 19 of the Measures for Administration, and may suggest other financial supervisory authorities to suspend or cease other
foreign exchange business of the financial institution.

Article 40

Where any staff member of a financial institution violates the relevant provisions and provides assistance in money-laundering activities,
he shall be given a disciplinary punishment in accordance with Article 20 of the Measures for Administration; if a crime is constituted,
he shall be transferred to the judicial organ to be investigated for criminal responsibility.

Chapter VI Supplementary Provisions

Article 41

The “Principal reporting unit” means tier-one branches located in capitals of provinces and autonomous regions and in municipalities
directly under the Central Government of a financial institution, or special offices designated by a financial institution to collect,
itemize and report to the SAFE branch or foreign exchange control department of the province, autonomous region or municipality directly
under the Central Government large-value and suspicious foreign exchange transactions that have taken place in all branch and sub-branch
offices in such region.

Article 42

The provisions of the Measures for Administration and the present Detailed Rules for Implementation concerning the reporting of large-value
and suspicious foreign exchange transactions by enterprises shall be applicable to the reporting of large-value and suspicious foreign
exchange transactions by any domestic institution such as a state organ, social organization or army unit, any overseas institution
that opens an account within a domestic financial institution and makes exchange, receives and pays foreign exchange through such
account, and any overseas institution that handles foreign exchange business through a domestic financial institution without having
an account therewith.

Article 43

The power to interpret the present Detailed Rules for Implementation shall remain with the SAFE.

Article 44

The present Detailed Rules for Implementation shall come into force as of the date of promulgation.

Attachment 1 (Report) Form for the Handing-over of Cases of (Clues to) Suspected Money Laundering Activities in the Foreign Exchange
Field (omitted)

Attachment 2 Sheet for the Handing-over of Information on Large-value and Suspicious Foreign Exchange Transactions Involved in Cases
(omitted)

Attachment 3 Letter Requesting Assistance for Verification of Large-value and Suspicious Foreign Exchange Transactions (omitted)

Attachment 4 Notice of Out-of-spot Verification of Large-value and Suspicious Foreign Exchange Transactions (omitted)



 
the State Administration of Foreign Exchange
2004-10-12

 







CIRCULAR OF THE STATE ADMINISTRATION OF RADIO, FILM AND TELEVISION ON STRENGTHENING THE ADMINISTRATION OF BROADCASTING TRANSLATED OVERSEAS RADIO AND TELEVISION PROGRAMS

State Administration of Radio, Film and Television

Circular of the State Administration of Radio, Film and Television on Strengthening the Administration of Broadcasting Translated
Overseas Radio and Television Programs

October 13, 2004

The radio, film and television bureaus (departments) of various provinces, autonomous regions and municipalities directly under the
Central Government, the Radio, Film and Television Bureau of Xinjiang Production and Construction Group, China National Radio, China
Radio International, China Central Television and China Education Television:

Recently, some radio and television broadcasting organizations have broadcasted some overseas radio and television programs that are
translated into regional dialects, which violated the important task and mission of popularizing Mandarin in radio and television
industry. With a view to further strengthening the administration of broadcasting translated overseas radio, film or television programs
and according to the spirit of “A radio station or a television station shall use standard spoken and written Chinese language, and
popularize the Mandarin that is commonly used throughout the whole nation” as set forth in the Regulations on the Administration
of Radio and Television, the related matters are hereby notified as follows:

1.

Administrative departments and broadcasting organizations of radio and television at different levels must attach vital importance
to the administration of broadcasting translated radio and television programs, bear in mind the important task and mission of popularizing
Mandarin in the said industry, implant the consciousnesses on politics, overall situation and responsibility, grasp the correct guidance
steadfastly and make earnest efforts to do well in broadcasting translated overseas radio, film and television programs.

2.

No broadcasting organizations of radio and television at various levels shall be allowed to broadcast overseas radio and television
programs that are translated into regional dialects. Overseas radio and television programs translated into regional dialects must
have their broadcasting ceased for proper handling.

3.

Radio, film and television bureaus (departments) of various provinces and districts (municipalities) shall earnestly exercise their
functions of control, promptly carry out a comprehensive inspection on the overseas radio and television programs that are translated
into regional dialects and broadcasted by their subordinated broadcasting organizations and put things in order thoroughly thereafter,
conduct strict control according to the aforesaid spirit, earnestly perform the important task and mission of popularizing Mandarin
in radio and television industry and create an excellent language environment for the healthy growth of the overwhelming majority
of minors.



 
State Administration of Radio, Film and Television
2004-10-13

 







MEASURES FOR THE ADMINISTRATION OF FOREIGN-RELATED INVESTIGATION

National Bureau of Statistics

Order of the National Bureau of Statistics of People’s Republic of China

No. 7

The Measures for the Administration of Foreign-related Investigation, adopted at the 5th executive meeting of the National Bureau
of Statistics on July 19th, 2004, are hereby promulgated and shall be implemented as of the date of promulgation.

Director of the National Bureau of Statistics, Li Deshui

October 13th, 2004

Measures for the Administration of Foreign-related Investigation

Chapter I General Provisions

Article 1

With a view to strengthening the regulation and administration of foreign-related investigation, safeguarding the national security
and public interest and protecting the legal rights and interests of the investigating institutions and the respondents, these Measures
are formulated in accordance with the Statistics Law of the People’s Republic of China and the detailed rules for the implementation
thereof for the purpose of.

Article 2

For the purpose of the present Measures, foreign-related investigation includes:

(1)

market investigation and social investigation conducted under the entrustment or financial aid of any overseas organization, individual
or agency in China of any overseas organization;

(2)

market investigation and social investigations conducted in cooperation with any overseas organization, individual or agency in China
of any overseas organization;

(3)

market investigation lawfully conducted by the agency in China of any overseas organization; and

(4)

market investigation and social investigations whose materials and results are to be provided to any overseas organization, individual
or agency in China of any overseas organization.

Article 3

For the purpose of these Measures, market investigation means any activity of collecting and sorting out information concerning the
performance and prospects of certain commodities and commercial service.

For the purpose of these Measures, social investigation means any activity, other than market investigation, of collecting and sorting
out certain social information by means of questionnaire, interview, observation or any other means.

In these Measures, “overseas” means outside the customs territory of the People’s Republic of China; “in China” means in the customs
territory of the People’s Republic of China.

For the purpose of these Measures, the agency in China of an overseas organization means the branch or permanent representative office
of the organization as established in China with the approval of the Chinese government.

A foreign-related investigation institution referred to herein means any institution that has obtained a permit for foreign-related
investigation according to law.

Article 4

The National Bureau of Statistics shall, in conjunction with the relevant departments of the State Council, be responsible for supervising
and administrating foreign-related investigation of the whole country. The authorities for statistics of the local people’s governments
at the level of county or above shall, in conjunction with the relevant departments of people’s government at the same level, be
responsible for the supervision over and administration of foreign-related investigation in their respective administrative regions.

Article 5

The National Bureau of Statistics and the departments for statistics of the people’s government at the provincial level and the functionaries
thereof shall keep confidential the business secret they learned of during the administration of foreign-related investigations.

Article 6

Anyone who is engaged in a foreign-related investigation shall comply with the Chinese laws, administrative regulations, rules and
the relevant provisions of the State.

Article 7

No organization or individual may carry out any foreign-related investigation that may result in the following consequences:

(1)

violation of the basic principles of the Constitution;

(2)

endangering the unity, sovereignty or territorial integrity of the state;

(3)

stealing, spying out, buying or divulgence of any national secret or information which may endanger the national security or impair
the national interest;

(4)

violation of the religious policy of the state or disruption of ethnic solidarity;

(5)

disturbance of the social economic order, undermining of social stability or harm to the public interest;

(6)

propagation of any cult or superstitions;

(7)

any fraud that may infringe upon the lawful rights and interests of others; or

(8)

any other circumstances as provided for by laws, regulations, rules or relevant provisions of the State.

Article 8

The State shall establish a qualification confirmation system for the administration of foreign-related investigation institutions
and an examination and approval system for the control of foreign-related social investigation projects.

Article 9

Any foreign-related market investigation must be handled through a foreign-related investigation institution, and any foreign-related
social investigation must be handled through a foreign-related investigation institution with an approval of the authority concerned.

No overseas organization or individual may directly conduct any market or social investigation in China or conduct any market or social
investigation through any institution without the foreign-related investigation license.

Chapter II Confirmation of the Qualification and the Administration of Foreign-related Investigation Institutions

Article 10

The National Bureau of Statistics and the authorities for statistics of the people’s governments of all provinces, autonomous regions
and municipalities directly under the Central Government shall be responsible for the qualification confirmation for institutions
applying for a foreign-related investigation license.

No individual and no organization without a foreign-related investigation license may conduct any foreign-related investigation in
any form.

Article 11

Any institution applying for a foreign-related investigation license shall have the following qualifications:

(1)

have been lawfully established with corporate capacity;

(2)

have the scope of operation or business that includes the market or social investigation;

(3)

have personnel familiar with the provisions of the state in respect of the foreign-related investigation;

(4)

have the corresponding ability to conduct foreign-related investigation;

(5)

have conducted at least three investigation projects or have at least 300,000 yuan of investigation turnover in the year prior to
the date of application;

(6)

have a strict and well-established security system; and

(7)

have no record of any major illegal act in the recent two years.

Article 12

The agency in China of an overseas organization with market investigation in its scope of business and meeting the requirements as
provided for in Items (3), (6) and (7) of Article 11 may file an application for a foreign-related investigation license and may
directly conduct market investigation in China with regard to the commodities or commercial service relating to itself, provided
that it may not conduct any social investigation.

Article 13

Where a foreign-related investigation license is applied for, the following documents must be submitted:

(1)

a form of application for a foreign-related investigation license; and

(2)

other materials certifying the satisfaction of the requirements as specified in Article 11 or 12.

Article 14

To apply for a foreign-related investigation license, an institution shall file its application to the National Bureau of Statistics,
in the case of investigation involving more than one province, autonomous region or municipality directly under the Central Government,
or to the authority for statistics of the people’s government of the province, autonomous region or municipality directly under the
Central Government where it is located, in the case of investigation involving only this province, autonomous region or municipality
directly under the Central Government.

The National Bureau of Statistics or the authority for statistics of the people’s government of the province, autonomous region or
municipality directly under the Central Government shall, within 20 days from its acceptance of the application, make a decision
of approval or disapproval. In the case of failure to make such a decision within the time limit, ten days may be extended upon the
approval of the person in charge of the authority, and the applicant shall be notified of the ground for such extension. In the case
of a decision of approval, a foreign-related investigation license shall be issued; in the case of a decision of disapproval, the
applicant shall be notified of such decision with reasons for such disapproval being stated.

Article 15

A foreign-related investigation license issued by the National Bureau of Statistics shall be valid throughout the country. A foreign-related
investigation license issued by the authority for statistics of the people’s government of a province, autonomous region or municipality
directly under the Central Government shall be valid in this province, autonomous region or municipality directly under the Central
Government.

Article 16

The foreign-related investigation license shall give clear indication of the name, type of registration, legal representative or person
in charge and domicile of the investigation institution, issuing organ, date, number and term of the license and the scope of business
licensed.

Article 17

Where any change in the name, type of registration, legal representative or person in charge or domicile of a foreign-related investigation
institution occurs, the institution shall file an application with the issuing organ for a change in its foreign-related investigation
license.

Article 18

A foreign-related investigation license shall be valid for three years.

In case any foreign-related investigation institution wishes to extend the term of its foreign-related investigation license, it shall
file an application with the issuing organ 30 days before the expiry of the term. No extension shall be granted if no application
has been filed within such time limit.

Article 19

Any institution that has terminated its business of foreign-related investigation shall hand over its foreign-related investigation
license to the issuing organ within 30 days from such termination.

An expired foreign-related investigation license shall be handed over to the issuing organ within 30 days from such expiry.

Article 20

No organization or individual may forge, use falsely or transfer any foreign-related investigation license.

Chapter III Administration of Foreign-related Investigation Projects

Article 21

The National Bureau of Statistics and the authorities for statistics of the people’s governments of all provinces, autonomous regions
and municipalities directly under the Central Government shall be responsible for the examination and approval of foreign-related
social investigation projects.

Article 22

Any foreign-related investigation institution applying for approval for a foreign-related social investigation project shall submit:

(1)

a form of application for the foreign-related social investigation project;

(2)

a copy of its foreign-related investigation license;

(3)

a copy of the relevant contract of entrustment, financial aid or cooperation;

(4)

an investigation plan, including the purpose, content, scope, time, respondent and method of the investigation;

(5)

the relevant questionnaire, form or outline for the relevant interviews or observations; and

(6)

other background materials related to the investigation project.

Article 23

To Apply for approval for a foreign-related social investigation project, an institution shall file its application to the National
Bureau of Statistics, in the case of investigation involving more than one province, autonomous region or municipality directly under
the Central Government, or to the authority for statistics of the people’s government of the province, autonomous region or municipality
directly under the Central Government where it is located, in the case of investigation involving only this province, autonomous
region or municipality directly under the Central Government.

The National Bureau of Statistics or the authority for statistics of the people’s government of the province, autonomous region or
municipality directly under the Central Government shall, within 20 days from acceptance of the application, make a decision of approval
or disapproval. In the case of failure to make such a decision within the time limit, ten days may be extended upon the approval
of the person in charge of the authority, and the applicant shall be notified of the ground for such extension. In the case of a
decision of approval, an approval document for the foreign-related social investigation project shall be issued; in the case of a
decision of disapproval, the applicant shall be notified of such decision with reasons for such disapproval being stated.

Article 24

No foreign-related social investigation project having been approved may have any change without authorization. In case any change
is needed, the foreign-related investigation institution shall file an application to the original approving organ with regard to
the part concerned.

The examining and approving organ shall make a decision on approving or disapproving the change in accordance with Paragraph 2 of
Article 23 .

Article 25

The principle of voluntary participation shall be adhered to foreign-related investigation. Any person shall be enpost_titled to decide
for himself whether or not to participate in the investigation without coercion by any organization or individual.

When conducting a foreign-related investigation, a foreign-related investigation institution shall state to the respondents the purpose
of the investigation and may not act falsely in the name of another institution or mislead any respondent.

Article 26

In an approved foreign-related social investigation, the following matters shall be prominently indicated on the front pages of the
questionnaires, forms or outlines for the interviews or observations and stated to the respondents:

the number of the foreign-related investigation license;

the approving organ and the number of the approval document with regard to the investigation project; and

the investigation is conducted in the principle of voluntary participation.

Article 27

A foreign-related investigation institution shall set up records of its business of foreign-related investigations.

Article 28

No organization or individual may forge, use falsely or transfer any approval document for a foreign-related social investigation
project.

Article 29

Each foreign-related investigation institution and its relevant personnel shall keep confidential all and any business secret and
personal privacy they learned of during the foreign-related investigation.

Chapter IV Legal Responsibility

Article 30

Anyone in violation of Article 7 herein shall be subject to the punishment according to Article 34 of the Detailed Rules for the
Implementation of the Statistics Law of the People’s Republic of China.

Article 31

Anyone in violation of any of the provisions herein and involved in any of the following circumstances shall be ordered to make corrections
by the National Bureau of Statistics or the authority for statistics of the people’s government at the provincial level, with a fine
of 500 to 1,000 yuan in the case of not-for-profit investigation activities or, as to for-profit investigation activities, a fine
of one to three times the illegal gain, if any, but not exceeding 30,000 yuan at any event or a fine of 3,000 to 10,000 yuan if there
is no illegal gain. If a crime is constituted, the criminal liability shall be prosecuted according to law:

(1)

conducting any foreign-related investigation not through an institution with a foreign-related investigation license;

(2)

conducting any foreign-related investigation without a license thereof;

(3)

forging, using falsely or transferring any foreign-related investigation license or any approval document for a foreign-related social
investigation project;

(4)

conducting any foreign-related investigation by using an expired foreign-related investigation license; or

(5)

conducting any foreign-related investigation beyond its licensed scope of business.

Article 32

Any foreign-related investigation institution or any staff member thereof in violation of any of the provisions herein and involved
in any of the following circumstances shall be ordered to make corrections by the National Bureau of Statistics or the authority
for statistics of the people’s government at the provincial level, with a fine of 500 to 1,000 yuan in the case of not-for-profit
investigation activities or, as to for-profit investigation activities, a fine of one to three times the illegal gain, if any, but
not exceeding 30,000 yuan at any event or a fine of 3,000 to 10,000 yuan if there is no illegal gain. If a crime is constituted,
the criminal liability shall be prosecuted according to law:

(1)

conducting any foreign-related social investigation without obtaining an approval document;

(2)

making any change in an approved foreign-related social investigation project without authorization;

(3)

divulging any business secret or personal privacy of any respondent;

(4)

coercing anyone into participating in its or his investigation;

(5)

conducting any foreign-related investigation falsely in the name of another institution;

(6)

failing to set up records of its business of foreign-related investigation;

(7)

refusing to accept the inspection of the relevant administrative organ;

(8)

refusing to give facts or provide the relevant materials or giving false representations or providing false materials during the inspection
of the relevant administrative organ; or

(9)

failing to indicate or state to the respondents any of the matters as provided for in Article 26 .

Article 33

Any foreign-related investigation institution in violation any of the provisions herein and involved in any of the following circumstances
shall be ordered to make corrections by the National Bureau of Statistics or the authority for statistics of the people’s government
at the provincial level, with a warning or a fine of 500 to 1,000 yuan being imposed:

(1)

failing to apply for change in its foreign-related investigation license in the case of any change in its name, type or registration,
legal representative or person in charge or domicile; or

(2)

failing to hand over to the issuing organ its foreign-related investigation license in the case of termination of business of foreign-related
investigation, or its expired foreign-related investigation license.

Article 34

Any functionary of an authority for statistics who neglects his duty or abuses his power in the administration of foreign-related
investigation shall be subject to an administrative sanction according to law or, and if a crime is constituted, criminal liability
shall be prosecuted according to law.

Article 35

Any functionary of the National Bureau of Statistics or authorities for statistics of the people’s governments at the provincial level
who divulges any business secret he learned of during the administration of foreign-related investigation shall be subject to civil
liability with an administrative sanction being imposed on the person in charge and other persons directly responsible.

Chapter V Supplementary Provisions

Article 36

The investigation involved in any cooperation project between the Chinese government and any foreign government or international organization
shall be conducted in accordance with the relevant provisions of the state.

Article 37

The time limits as provided for in the Present Measures with regard to the administrative licensing shall be counted on the basis
of working days excluding official holidays.

Article 38

These Measures shall be implemented as of the date of promulgation. The Interim Measures for the Administration of Foreign-related
Social Investigation as promulgated by the National Bureau of Statistics on July 16, 1999 shall be abolished as of the same date.



 
National Bureau of Statistics
2004-10-13

 







STATE TAXATION ADMINISTRATION CIRCULAR ABOUT IMPOSING CIRCULATION TAX ON PARTIAL INCOME OF COMMERCIAL ENTERPRISES FROM SUPPLIERS

State Administration of Taxation

State Taxation Administration Circular about Imposing Circulation Tax on Partial Income of Commercial Enterprises from Suppliers

GuoShuiFa [2004] No. 136

Taxation bureaus and local taxation offices in all provinces, autonomous regions, municipalities, separately listed cities:

In accordance with reports of some regions, the present policies on imposing circulation tax on partial income of commercial enterprises
from supplies lack of coherence, which causes implementation imbalance in different regions. After deep study, further regulations
are now announced as follows:

I.

Value-added tax and sales tax shall be imposed on partial income of commercial enterprises from suppliers in accordance with the following
principles:

(1)

In case commercial enterprises gain from suppliers by providing labor service, which have not positive connections with sale volume
and saleroom, such as expenses for entering the markets, expenses of advertising and sales promotion, costs of boarding, costs of
exhibition and costs of management, these kinds of incomes don’t fall within return profits, value-added tax will not be reduced,
and tax will be imposed in accordance with tax rate of sales tax.

(2)

For incomes of the commercial enterprises that have positive connection with volume and saleroom (for example, return profits according
to a certain percentage, sale volume and saleroom), value-added tax will be reduced according to related regulations of return profits
and sales tax shall not be imposed.

II.

Specific invoice of value-added tax shall not be supplied for the incomes of the commercial enterprises from suppliers.

III.

Formula for tax that shall be reduced is adjusted as follows:

Tax that shall be reduced = return profits/(1+value-added tax rate)* value-added tax rate.

IV.

This circular shall take effect as of July 1, 2004. Taxations already imposed before this circular will not be adjusted. Average taxpayers
of other value-added taxes shall follow this circular to take return profit from suppliers.

It is hereby notified.

State Taxation Administration

Oct 13, 2004



 
State Administration of Taxation
2004-10-13

 







CIRCULAR OF THE GENERAL ADMINISTRATION OF CUSTOMS ON TRANSMITTING THE CATALOGUE OF PRIORITY INDUSTRIES FOR FOREIGN INVESTMENT IN THE CENTRAL-WESTERN REGION (REVISED IN 2004)

General Administration of Customs

Circular of the General Administration of Customs on Transmitting the Catalogue of Priority Industries for Foreign Investment in the
Central-western Region (Revised in 2004)

Shu Shui Fa [2004] No. 347

Guangdong sub-administration of the General Administration of Customs, Tianjin and Shanghai special commissioner￿￿s offices and all
the customs directly under the General Administration of Customs:

Upon the approval of the State Council, the National Development and Reform Commission and the Ministry of Commerce jointly promulgated
the Catalogue of Priority Industries for Foreign Investment in the Central-western Region (Revised in 2004) (hereinafter referred
to as the Catalogue, see the appendix for detail), which was implemented as of September 1, 2004. The Catalogue is hereby transmitted,
and the relevant issues concerning the implementation are notified as follows:

1.

The Catalogue was implemented as of September 1, 2004, that is, the project with foreign investment in the central-western region
(including capital increased projects) approved after September 1 shall be implemented according to the Catalogue. As for the project
with foreign investment subject to the Catalogue, tariff and import link VAT may be exempted in accordance with the provisions of
the Urgent Notice of the General Administration of Customs on the Implementation of the Circular of the State Council on Adjusting
the Taxation Policies of Import Equipment (Shu Shui [1997] No. 1062).

2.

For the purpose of ensuring the succession of policy, as for the project with foreign investment approved according to the former
Catalogue of Priority Industries for the Foreign Investment in Central-western Region before September 1, 2004, taxation preferential
policies on import may be still enjoyed continuously according to the former provisions.

3.

Where any project being established and not exempted from tax complies with the provisions of the Catalogue, an application for making
up the Confirmation Letter of the Project with Chinese and Foreign Investment that the State Encourages to Develop may be filed to
the competent department of investment under the State Council or to the authorized competent department of investment at provincial
level. After the Confirmation Letter of the Project with Chinese and Foreign Investment that the State Encourages to Develop is gained,
the imported self-used equipment of the project being established may enjoy taxation preferential policies on import according to
the former provisions, but the tax that has been levied from the imported equipment shall not be refunded.

4.

As for the project approved by the examination and approval department to enjoy taxation preferential policies on import, all the
customs shall strictly check the scope of the commodities exempted from tax according to the Catalogue of Import Commodity Not Exempted
from Tax of the Project with Foreign Investment.

5.

After the implementation of the Catalogue, the code of ￿￿Project Item of the Industry Policy Examination and Approval￿￿ shall be ￿￿G￿￿,
for instance, the second item of Shanxi province shall be filled in as: Subsequent industrial development of such national key ecological
projects as reclaiming farmland to forests and pastures, and protecting natural forests (G1402); the fifth item of Jiangxi province
shall be filled in as: Manufacture of top grade ceramics for daily use (G3605).

The issues concerning the adjustment of the parameter library in the System for Administration of Tax Reduction and Exemption will
be notified separately.

6.

Other issues not covered in this Circular shall still be carried out in accordance with the provisions of the Circular of the State
Council on Adjusting the Taxation Policies of Import Equipment (Guo Fa [1997] No.37) and the Urgent Notice of the General Administration
of Customs on the Implementation of the Circular of the State Council on Adjusting the Taxation Policies of Import Equipment (Shu
Shui [1997] No. 1062).

General Administration of Customs

October 14, 2004



 
General Administration of Customs
2004-10-14

 







PROVISIONS ON THE ADMINISTRATION OF SINO-FOREIGN COOPERATION IN THE PRODUCTION OF TV PLAYS

e03758

State Administration of Radio, Film and Television

Order of the State Administration of Radio, Film and Television

No. 41

The Provisions on the Administration of Sino-foreign Cooperation in the Production of TV Plays, adopted at the executive meeting of
this Administration on June 15th, 2004, are hereby promulgated and shall be implemented as of October 21st, 2004.

Xu Guangchun, Director of the State Administration of Radio, Film and Television

September 21st, 2004

Provisions on the Administration of Sino-foreign Cooperation in the Production of TV Plays

Article 1

With a view to promoting Sino-foreign cultural exchange, boosting the creation of TV plays, strengthening the administration of the
production of TV plays through Sino-foreign cooperation and protecting the legitimate rights and interests of the producers, the
present Provisions are formulated.

Article 2

The present Provisions shall apply to the activities of producing TV plays (including TV cartoons) through cooperation between domestic
radio and television program production institutions (hereinafter referred to as the Chinese party) and foreign legal persons and
natural persons (hereinafter referred to as the foreign party).

Article 3

The State Administration of Radio, Film and Television (hereinafter referred to as the SARFT) shall be responsible for the administration
of the production of TV plays (including TV cartoons) through Sino-foreign cooperation and shall regulate and control the overseas
cooperation parties, quantities and subjects thereof.

A provincial radio and television administrative department shall be responsible for the specific administration of the production
of the TV plays (including TV cartoons) through Sino-foreign cooperation within its administrative area.

Article 4

The state shall adopt a licensing system for the production of TV plays (including TV cartoons) through Sino-foreign cooperation.

Without approval, no one may undertake the activities of producing TV plays (including TV cartoons) through Sino-foreign cooperation.
Without passing the examination, no Sino-foreign cooperative TV play (or TV cartoon) after completion may be distributed or broadcasted.

Article 5

The following ways may be adopted in the production of TV plays through Sino-foreign cooperation:

(1)

Joint production, which means that in the production of TV plays (including TV cartoons) both the Chinese party and the foreign party
jointly make investments, assign key production personnel, share the benefits and bear the risks;

(2)

Collaborative production, which means that in the production of TV plays the foreign party make investments, offer key production
personnel and shoot all or part of the outdoor scenes; the Chinese party provides labor services or equipment, appliances and places;

(3)

Entrusted production, which means that in the production of TV plays the foreign party makes investments and entrusts the Chinese
party to produce it.

Article 6

An applicant shall fulfill the following requirements when it files an application for initiative of the plan on the production of
TV plays through Sino-foreign joint production:

(1)

The Chinese party shall have a TV Play Production License (Class A);

(2)

The Chinese party shall simultaneously file an application to the SARFT for an approval of the plan on the subject of the TV play
through Sino-foreign joint production;

(3)

Joint investments are made by both parties including direct investments in currency, and investments by converting labor services,
kind or advertising time into money;

(4)

The main creative elements, such as the prophase initiatives and the writing of screenplay, shall be determined by both parties;

(5)

Both parties shall jointly assign production personnel and technicians to participate in the whole process of production. Among the
key production personnel of the TV play (play-writer, producer, director, main actors and actresses, etc.), the persons assigned
by the Chinese party shall not be less than 1/3; and

(6)

The domestic and overseas copyright of the TV play shall be jointly owned by both the Chinese and foreign parties.

Article 7

An applicant shall submit the following materials in writing when it file an application for initiative of the plan on the production
of TV plays through Sino-foreign joint production:

(1)

An application;

(2)

A photocopy of the TV Play Production License (Class A);

(3)

The preliminary examination opinions of the provincial radio and television administrative department (apart from the circumstance
that a Chinese production institution directly files an application to the SARFT for TV Play Production License (Class A));

(4)

An abstract for each episode with at least 5,000 Chinese characters, or a complete screenplay;

(5)

The name list and resumes of the key production personnel (play-writer, producer, director, main actors and actresses, etc.) both
at home and abroad;

(6)

The production plan, domestic scenes for shooting and detailed shooting program;

(7)

The letter of intent for cooperation; and

(8)

A legal person registration certification of the foreign party (in case the foreign party is natural person, his resume shall be submitted)
and certification of credit standing. The examination and approval organ may require the foreign party to submit a notarized foreign
third-party guarantee letter.

Article 8

An applicant shall fulfill the following requirements when it files an application for initiative of the production of TV cartoons
through Sino-foreign joint production:

(1)

The Chinese party shall possess a Radio and TV Program Production and Business Operation License;

(2)

The Chinese party shall simultaneously file an application to the SARFT for an approval of the plan on the subject of the TV cartoon
through Sino-foreign joint production;

(3)

Joint investments are made by both parties including direct investments in currency, and investments by converting labor services,
kind or advertising time into money;

(4)

The main creative elements, such as the forepart initiatives and the writing of screenplay, shall be determined by both parties; and

(5)

The domestic and overseas copyright of the TV cartoon shall be jointly owned by both the Chinese and foreign parties.

Article 9

An applicant shall submit the following materials in writing when it files an application for initiative of the plan on the subject
of TV cartoons through Sino-foreign joint production:

(1)

An application;

(2)

A photocopy of Radio and TV Program Production and Business Operation License;

(3)

The preliminary examination opinions of the provincial radio and television administrative department (apart from the circumstance
that a Chinese production institution directly files an application to the SARFT for TV Play Production License (Class A));

(4)

An abstract for each episode with at least 500 Chinese characters, or a complete screenplay;

(5)

The letter of intent for cooperation; and

(6)

A legal person registration certification of the foreign party (in case the foreign party is natural person, his resume shall be submitted)
and certification of credit standing. The examination and approval organ may require the foreign party to submit a notarized foreign
third-party guarantee letter.

Article 10

An applicant shall submit the following materials in writing when it files an application for the production of TV plays through Sino-foreign
collaborative production or entrusted production:

(1)

An application;

(2)

An abstract for each episode with at least 1,500 Chinese characters, or a complete screenplay;

(3)

The name list of the key production personnel (including the play-writer, producer, director, main actors and actresses, etc.);

(4)

The domestic shooting scenes and the shooting plan;

(5)

The letter of intent for cooperation; and

(6)

The examination and approval organ may require the foreign party to provide relevant credit standing certifications.

Article 11

A Chinese production institution as the Chinese party that directly files an applications to the SARFT for a TV Play Production License
(Class A) shall file an application to the SARFT for the approval of producing a TV play (or TV cartoon) through Sino-foreign Cooperation.

In case any other production institution as the Chinese party files an application for approval of producing TV plays (including TV
cartoons) through Sino-foreign Cooperation, upon permission of the local provincial radio and television administrative department,
the application shall be submitted to the SARFT for examination and approval.

Article 12

After the SARFT formally accepts an application for producing TV plays (including TV cartoons) through Sino-foreign cooperation, it
shall decide whether to approve the application within the statutory time limit. Where the TV play (including TV cartoons) is to
be produced through Sino-foreign joint production, the time limit for the examination shall be 50 days (including 30 days for expert
appraisal). Where the TV play (including TV cartoons) is to be produced through Sino-foreign collaborative production or entrusted
production, the time limit for examination shall be 20 days. Where the application fulfills the relevant requirements, the SARFT
shall issue a reply of approval; in case it doesn’t fulfill the relevant requirements, the SARFT shall issue a notice in writing
to the applicant and make an explanation.

In case the applicant refuses to accept the decision of disapproval, it may file an application to the SARFT for reexamination within
60 days after it receives the decision. The SARFT shall make a decision of reexamination within 50 days, during the period of which
the time for expert appraisal shall be 30 days.

Article 13

After the TV play (including TV cartoons) has been completed through Sino-foreign joint production, it shall be submitted to the radio
and television administrative department at the provincial level or above for examination in accordance with the procedure as provided
for in Article 11 of the present Provisions.

Article 14

An applicant that files an application for the examination of a TV play (TV cartoon) after completion through Sino-foreign joint production
shall submit the following materials:

(1)

The preliminary examination opinions of the provincial radio and television administrative department (apart from the circumstance
that a Chinese production institution directly files an application to the SARFT for TV Play Production License (Class A));

(2)

The reply of the SARFT about approval of shooting and a photocopy of the approval of the plan on the subject of the TV play (TV cartoon)
to be produced through Sino-foreign Cooperation;

(3)

A complete set of L1/2 video tapes, of which the pictures, sound and time code shall fulfill the examination requirements;

(4)

An abstract for each episode with at least 300 Chinese characters; and

(5)

The captions for the beginning and end of the TV play (including TV cartoons) identical with those in the sample video tape.

Article 15

After the SARFT formally accepts an application for the examination of a TV play (including TV cartoons) after completion through
Sino-foreign joint production, it shall decide whether to approve the grant of an administrative license within 50 days, during the
period of which the time for expert appraisal shall be 30 days. Where the TV play (including TV cartoons) after completion fulfills
the relevant requirements, the SARFT shall issue a TV Play (TV Cartoon) Distribution License; in case it doesn’t fulfill the relevant
requirements, the SARFT shall give a notice in writing and make an explanation.

In case the applicant refuses to accept the decision of disapproval of granting an administrative license, it may file an application
to the SARFT for reexamination within 60 days after it receives the decision. The SARFT shall make a decision of reexamination within
the time limit as stipulated in the preceding paragraph and shall notify the applicant of the decision in writing. In case the applicant
passes the reexamination, the SARFT shall issue it a TV Play (TV Cartoon) Distribution License. .

Article 16

No substantial change may be randomly made to a screenplay with reply of the SARFT about shooting approval or to a completed TV play
(TV cartoon) with a TV Play (TV Cartoon) Distribution License. In case there is real necessity to modify its name, main characters,
main stories or chapter length, a new application shall be filed pursuant to the present Provisions.

Article 17

The state encourages Chinese and foreign cooperators to produce TV plays embodying good Chinese national tradition and progress of
human civilization and to make TV cartoons for the purpose of shaping Chinese cartoon images.

No TV play (or TV cartoon) produced through Sino-foreign cooperation may contain the following contents:

(1)

Opposing the basic principles determined by the Constitution;

(2)

Endangering the unity, sovereignty and territorial integrity of the state;

(3)

Divulging the state secrets, endangering state security or damaging the honor and interests of the state;

(4)

Inciting hatred or discrimination among ethical groups, undermining the solidarity among ethical groups, or disrespecting ethical
customs or practices;

(5)

Advocating cult and superstition;

(6)

Disrupting social order and harming social stability;

(7)

Advocating obscenity, gambling or violence, or instigating crimes;

(8)

Insulting or defaming others, and infringing upon others’ legitimate rights and interests;

(9)

Harming the social morality or the excellent national culture and tradition; or

(10)

Containing other contents that are prohibited by the laws, administrative regulations or provisions of the state.

Article 18

A TV cartoon made through Sino-foreign joint production that aims to embody Chinese characteristics can be broadcasted as a domestically
produced TV Cartoon.

Article 19

A TV play (including TV cartoons) made by Sino-foreign joint production shall have a version in Mandarin. In accordance with the needs
of distribution, a version in language of the corresponding country, region or ethical minority may be made upon consent of the cooperators.

Article 20

Anyone in violation of the present Provisions shall be punished according to the Regulation on Radio and Television. In case any crime
is constituted, it (he) shall be subject to the criminal liabilities.

Article 21

The production of TV plays (including TV cartoons) by cooperating with legal persons or natural persons from Hong Kong Special Administrative
Region, Macao Special Administrative Region or Taiwan Region shall abide by the present Provisions.

Article 22

The present Provisions shall be implemented as of October 21st, 2004. The Provisions on the Production of TV Plays (Video Tapes) (Order
No. 15 of the Ministry of Radio, Film and Television) shall be abolished simultaneously.



 
State Administration of Radio, Film and Television
2004-09-21

 







CIRCULAR OF STATE ADMINISTRATION OF FOREIGN EXCHANGE ON PRINTING AND DISTRIBUTING ADMINISTRATIVE RULES FOR EXAMINATION AND VERIFICATION CERTIFICATE OF DECLARATION OF BALANCE OF PAYMENTS

the State Administration of Foreign Exchange

Circular of State Administration of Foreign Exchange on Printing and Distributing Administrative Rules for Examination and Verification
Certificate of Declaration of Balance of Payments

Hui Fa [2004] No.102

October 15, 2004

The branches and foreign exchange offices of the State Administration of Foreign Exchange of all provinces, autonomous regions, and
municipalities directly under the Central Government, and the branches in Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo:

With a view to coordinating with the effective development of the verification of the declaration of the balance of payments statistic,
insuring that the institutions and staff of the State Administration of Foreign Exchange and the branches and foreign exchange offices
(hereinafter referred to as the branches and offices) in charge of the declaration of the balance of payments statistic carry out
examination and verifications subject to law, strengthening the administration of the Examination and Verification Certificate of
Declaration of Balance of Payments, pursuant to the provisions of the Measures for Declaration of Balance of Payments Statistic,
the rules for the implementation thereof and the Administrative Measures of the State Administration of Foreign Exchange for Law
Enforcement Certificate, the State Administration of Foreign Exchange stipulates the Administrative Rules of the State Administration
of Foreign Exchange for the Examination and Verification Certificate of Declaration of Balance of payments; related issues are hereby
notified as follows:

1.

The promulgation, use and administration of the Examination and Verification Certificate of Declaration of Balance of Payments shall
be executed strictly in accordance with the Measures for Declaration of Balance of Payments Statistic and the Administrative Measures
of the State Administration of Foreign Exchange for Law Enforcement Certificate.

2.

The branches and offices shall, according to the work of the staff, make proper distribution of the inspection certificate and the
Examination and Verification Certificate to insure that the staff of foreign exchange authorities will not hold simultaneously both
the Inspection Certificate and the Examination and Verification Certificate.

3.

The branches and offices may apply for the Examination and Verification Certificate as required by work or the position changes of
the staff rather than apply for it collectively.

4.

The branches at provincial level may, in accordance with these Verification Rules, stipulate by themselves specific rules applicable
to the areas under their respective jurisdictions on the administration of the Examination and Verification Certificate.

5.

A further step to change the Examination and Verification Certificate will be taken due to relatively big changes in the staff in
charge of the balance of payments statistic since 1999. Issues on changing the Certificate will be notified separately.

The branches, after receiving this circular, shall deliver in time to the offices within the areas under their respective jurisdictions.
Where there are any problems in the process of execution, please contact the Balance of payments Department of the State Administration
of Foreign Exchange.

Contact Person: Lu Zhiwang

Telephone: 010-68402374

Attachment:The Administrative Rules of the State Administration of Foreign Exchange for the Examination and Verification Certificate of Declaration
of Balance of payments

Article 1

Pursuant to related provisions of the Measures for Declaration of Balance of payments statistic, the Administrative Measures of the
State Administration of Foreign Exchange for Law Enforcement Certificate, these rules is stipulated with a view to further normalizing
the administration of the Examination and Verification Certificate of Declaration of Balance of payments (hereinafter referred to
as the Examination and Verification Certificate).

Article 2

These Rules applies to the State Administration of Foreign Exchange and its branches and offices. The Department of Balance of Payments
of the State Administration of Foreign Exchange (hereinafter referred to as the Department of Balance of payments of the State Administration)
is in charge of the design, printing, distribution, recalling and administration of the Examination and Verification Certificate.
The branches of the State Administration of Foreign Exchange at provincial level are responsible for the examination and approval,
distribution, recalling and administration of the Examination and Approval Certificate within themselves and the branches and offices
within the areas under their respective jurisdictions.

Article 3

The Department of Balance of payments of the State Administration shall administer the Examination and Verification Certificate as
an important voucher and designate specific staff to be in charge of the distribution, recalling and collective keeping, as well
as locking the blank Examination and Verification Certificate in special drawers. Annual records (including electronic and paper
record,), which shall include the information concerning amount printed, distribution, changes and surplus, shall be kept.

Article 4

The staff of the State Administration of Foreign Exchange and its branches and offices shall not hold simultaneously both Inspection
Certificate and Examination and Verification Certificate. The professional and part-time staff in charge of the foreign exchange
examination shall apply for and obtain the Inspection Certificate; the staff engaged in the related work concerning balance of payments
statistic shall apply for and obtain the Examination and Verification Certificate.

As for the branches and offices with relatively few staff in foreign exchange business, the holders of the Inspection Certificate
or the Examination and Verification Certificate shall be distributed properly.

Article 5

The balance of payments statistic staff of the State Administration of Foreign Exchange and its branches and offices, in applying
for the Examination and Verification Certificate or the replacement thereof, shall prepare the following materials:

1.

The application form of the Examination and Verification Certificate of Declaration of Balance of Payments of the State Administration
of Foreign Exchange (see Attachment 1) (hereinafter referred to as the application form);

2.

A recent one-inch and without-hat color photo of the applicant;

3.

A copy of the ID card of the applicant;

4.

A copy of the missing proclamation (for the replacement);

5.

Other material required by the State Administration of Foreign Exchange.

Article 6

Where the balance of payments statistic staff of the State Administration of Foreign Exchange apply for the Examination and Verification
Certificate, the materials required by Article 5 of these Rules shall be submitted to the staff handling the Examination and Verification
Certificate of the Department of Balance of payments, who shall examine the contents filled in the application form to assure the
completeness and accuracy of the contents filled in five workdays, and the holding of the applicant shall conform to the requirement
of Article 4 of these Rules. The handling personnel shall, after the completion of examination and approval, submit that to the
division and department leaders of the Department of Balance of Payments to give opinions.

Article 7

Where the balance of payments statistic staff of the branches and offices of the State Administration of Foreign Exchange apply for
the Examination and Verification Certificate, the materials as required in Article 5 of these Rules shall be submitted to the staff
handling the Examination and Verification Certificate of the local State Administration of Foreign Exchange, who shall examine the
contents filled in the application form to assure the completeness and accuracy of the contents filled in five workdays, and the
holding of the applicant shall conform to the requirement of Article 4 of these Rules . The handling personnel shall, after the
completion of examination and approval, submit that to the leaders of this bureau to give opinions and affix the official stamp,
and then report to the local provincial branches of the State Administration of Foreign Exchange level by level.

Article 8

The provincial branches of the State Administration of Foreign Exchange shall exanimate, consolidate and preserve the application
materials reported by the branches and offices within the areas under their jurisdictions, and fill in the Consolidation Form of
Applications and Changes in the Examination and Verification Certificate of Declaration of Balance of payments (see Attachment 2)
(hereinafter referred to as the Consolidation Form); the Consolidation Form thus filled (electronic and paper forms) and the applicant’
photos ( the entity and name of applicant shall be noted on the back ) shall be reported to the Department of Balance of Payments
of the State Administration, whose handling personnel shall report to the leaders of the division and department to give opinions
within two workdays after receiving the Consolidation Forms submitted by the branches.

Article 9

The staff handling the Examination and Verification Certificate of the State Administration shall fill in the blank Examination and
Verification Certificate on the basis of the application form or the Consolidation Form of the Examination and Verification Certificate
signed with consent opinions by the leaders of the Department of Balance of Payments, and issue the Examination and Verification
Certificate to the applicant of the State Administration or to the handling personnel of the provincial branch of the State Administration
of Foreign Exchange after the Department of Personnel of the State Administration of Foreign Exchange affixes the steel seal. The
provincial branches shall be responsible to distribute the Examination and Verification Certificate to the branches and offices within
the areas under their jurisdictions.

Article 10

The State Administration of Foreign Exchange and its provincial branches shall take an appropriate preservation of the application
materials of the holders of the Examination and Verification Certificate and establish the annual archives record concerning the
issuance, registration and change (including loss and cancellation) of the Examination and Verification Certificate for the sake
of check.

Article 11

The branches and offices of the State Administration of Foreign Exchange shall designate special persons to be responsible for the
handling and administration of the Examination and Verification Certificate, including consolidating the application, distribution
and recall of the Examination and Verification Certificate, and report in time the changes such as loss and cancellation etc. of
the Examination and Verification Certificate to the Department of Balance of Payments of the Administration level by level.

The staff of the branches and offices of the State Administration of Foreign Exchange handling the Examination and Verification Certificate
shall take charge of the centralized preservation of the Examination and Verification Certificates of the holders of the same level
of bureau of foreign exchange, and distribute the Examination and Verification Certificate to the holder before examinating and verifying
the declaration of balance of payments, and take it back in time for centralized preservation at the completion of examination and
verification.

Article 12

The holder of the Examination and Verification Certificate shall preserve carefully and use lawfully the Examination and Verification
Certificate, and shall not alter, destroy willfully or lend it. If the Examination and Verification Certificate is lost, the loser
shall submit the explanation thereof (including the lost time, place and reason etc.) to local foreign exchange bureau, and the staff
handling the Examination and Verification Certificate of this bureau shall finish the examination within two workdays and submit
to the leader of this bureau to give opinions, and then report to the provincial branch level by level. The provincial branch of
the State Administration of Foreign Exchange shall publish the lost announcement (see Attachment 3) of the Examination and Verification
Certificate in the name of the State Administration of Foreign Exchange on the Financial News within two workdays after the explanation
is received. The staff handling the Examination and Verification Certificate of the provincial branch shall report the lost case
of the Examination and Verification Certificate to the Department of Balance of Payments of the Administration and mail or fax a
copy of the published lost announcement within five workdays after the lost announcement is published.

Article 13

Where the holder of the Examination and Verification Certificate does not engage in the work of examinating and verifying the declarations
of balance of payments statistic because of the change in post or the other reasons, the local bureaus of the foreign exchange shall
recall the holder’s Examination and Verification Certificate before the holder goes through the personnel formalities, and report
to the provincial branch level by level. The staff handling the Examination and Verification Certificate of the provincial branches
of the State Administration of Foreign Exchange shall carry out the consolidated registration (see Attachment 4 ) of the recalling
of the Examination and Verification Certificate within the areas under their respective jurisdictions, and report the Examination
and Verification Certificate recalled and the consolidated registration archives records to the Department of Balance of payments
of the Administration to go through the cancellation formalities

Article 14

All provincial branches of the State Administration of Foreign Exchange shall inspect and examine the holding of the Examination and
Verification Certificate, and check the archives records of the Examination and Verification Certificate within the areas under their
respective jurisdictions during the period of the second or third ten days of December every year, and report the inspection and
examination of the Examination and Verification Certificate to the Statistic System Division of the Department of Balance of Payments
of the Administration via the internal electronic information transmission system of the State Administration of Foreign Exchange
before December 31 of the current year.(Email: statbop.safe ). At the beginning of every year, the Department of Balance of payments
of the Administration shall exanimate the archives records of the Examination and Verification Certificate of previous year and publish
them on the information website of the State Administration of Foreign Exchange for the branches and offices to search and check.

Article 15

These Rules shall come into force as of the date of November 1, 2004.

Attachment:

1.

The Application Form of the State Administration of Foreign Exchange for the Examination and Verification Certificate of Declaration
of Balance of payments (omitted)

2.

The Consolidation Form of Applications and Changes in the Examination and Verification Certificate of Declaration of Balance of payments
(omitted)

3.

The format of the lost announcement of the Examination and Verification Certificate of Declaration of Balance of payments (omitted)

4.

The archives and records of the Examination and Verification Certificate of Declaration of Balance of Payments (omitted)



 
the State Administration of Foreign Exchange
2004-10-15

 







NOTICE OF THE MINISTRY OF FINANCE ON PRINTING AND DISTRIBUTION OF “MEASURES FOR THE TREATMENT OF ACCOUNTING CONCERNING THE EXTENSION OF VALUE-ADDED TAX SCOPE IN NORTHEAST REGION”

The Ministry of Finance

Notice of the Ministry of Finance on Printing and Distribution of “Measures for the Treatment of Accounting concerning the Extension
of Value-Added Tax Scope in Northeast Region”

Cai Kuai [2004] No.11

Departments( Bureaus) of finance of all provinces, autonomous regions, municipalities directly under the Central Government, cities
specifically designated in the state plan, the bureau of finance of Xinjiang Production and Construction Corps of the Chinese Peoples’
Liberation Army, the related ministries and departments under the State Council:

Notice of the Ministry of Finance on Printing and Distribution of Measures for the Treatment of Accounting concerning the Extension
of Value-Added Tax Scope in Northeast Region hereby is formulated in accordance with Notice of the Ministry of Finance on Printing
and Distribution of Several Issues on the Extension of Value-Added Tax Credit Scope in Northeast Region (Cai Shui [2004] No. 156),
and please inform the local enterprises within your jurisdiction of the implementation. For problems emerged in the process of enactment,
please feed them back duly to the Ministry hereof.

Annex: Measures for the Treatment of Accounting concerning the Extension of Value-Added Tax Scope in Northeast Region

The Ministry of Finance

September 20, 2004 Annex:Measures for the Treatment of Accounting concerning the Extension of Value-Added Tax Scope in Northeast Region

In accordance with the provisions of the Notice of the Ministry of Finance on Printing and Distribution of the Provisions of Several
Issues on the Extension of Value-Added Tax Credit Scope in Northeast Region (Cai Shui[2004] No 156) ( hereinafter referred to as
“Provisions “)￿￿the treatment of accounting concerning the Extension of Value-Added Tax Scope in Northeast Region is formulated as
follows:

Accounting Items

(1)

The enterprise enforcing the extension of VAT credit scope shall add the classification item of “VAT credit” under the item of “accrued
tax” and add such columns as “Fixed Asset Income Tax”, “Fixed Asset Input Tax Transfer”, “Credited Fixed Asset Income Tax” and etc.
under the aforesaid classification item.

The column of “Fixed Asset Input Tax” records VAT input tax paid by the enterprise for purchasing fixed asset or taxable labor and
granted credit hereof. The sum of input tax paid for purchased fixed assets or taxable labor by enterprise shall be recorded with
blue ink; the returned due offset input tax for purchased fixed assets with red ink.

The column of “Fixed Asset Input Tax Transfer” records the amount of transferred input tax of fixed assets purchased by the enterprise
due to a failure to claim credit for some reasons.

The column of “Credited Fixed Assets Income Tax” records the credited input tax of an enterprise’s fixed assets.

(2)

The enterprise enforcing the extension of VAT credit scope shall add the column of “The Amount of Fixed Assets Input tax of Newly
Added VAT Credit” under the item of “Accrued Tax—-Accrued VAT” for the record of the newly added credited fixed asset input tax
in the year concerned.

Financial Transaction

(1)

The fixed assets purchased domestically shall be charged to the item of ” Accrued Tax—-Fixed Asset Input Tax to be credited (Input
tax of Fixed Assets) ” in accordance with the given amount of VAT in the special invoice, with such items as “fixed assets” in accordance
with the value of fixed assets recorded in the special invoice, with such items as “Accounts Payable” ,”Notes Payable”, ” Bank Deposit”,
” Long-term Accounts Payable” in accordance with the accounts payable or paid. Where return occurs for the purchased fixed assets,
the inverse journal entry shall be made.

(2)

The fixed assets transferred into the enterprise as donates shall be charged to the item of “Accrued Tax—-VAT of Fixed Assets to
be Credited (Input Tax of Fixed Assets) ” in accordance with the amount of VAT noted in special invoice, with such items as “Fixed
Assets”, “Project Material” in accordance with the affirmed fixed assets value (VAT deducted, the same hereinafter). Where the input
tax of fixed assets has been paid by the donator, the total value of VAT input tax and fixed assets shall be credited to such items
as “Donated Assets”. Where the VAT of fixed assets has been paid by the enterprise itself, the paid input tax of fixed assets and
accepted fixed assets value shall be credited to such items as “Banking Account” and “Donated Assets” respectively. Where the enterprise
has accepted donates paid such other charges as transport one, such items as “Banking Credit” shall be credited herein.

(3)

The fixed assets transferred into the enterprise shall be charged to the item of “Tax Payable—-Fixed Assets VAT to be Credited (Input
Tax of Fixed Assets) ” in accordance with the VAT value noted in the special invoice, to such items as “Fixed Assets”, “Project Material”
in accordance with the affirmed fixed assets value, be credited to such items as “Paid-up Capital” in accordance with the total value
of VAT and fixed assets.

(4)

Goods purchased by an enterprise for the manufacture of fixed assets shall be charged to the item of “Tax Payable—-VAT of Fixed
Assets to be Credited (Input Tax of Fixed Assets) ” in accordance with the VAT value noted in the special invoice, to the item of
” Project Material” in accordance with the sum required to be credited to the item of the cost of engineering material, to such items
as ” Account Payable”, “Notes Payable”, ” Bank Deposit”, ” Long-term Accounts Payable” in accordance with the sym payable or paid.
Where return occurs for the purchased goods, the inverse journal entry shall be made.

Where the raw material purchased by an enterprise as accounting for inventories is used for the building of fixed assets, the sum
equivalent to the cost of the inventories shall be charged to such items as ” Construction in Progress”, credited to such items as
“Raw Material” , the VAT input tax of that part of raw material shall be charged to the item of “Tax Payable—-VAT of Fixed Assets
to be Credited (Input tax of Fixed Assets) ” , credited to “Tax Payable—-VAT to be Credited (Input Tax Transfer) “.

(5)

The Taxable Labor accepted by enterprises for manufacture of fixed assets shall be charged to such items as “Tax Payable—-VAT of
Fixed Assets to be Credited (Input Tax of Fixed Assets)”, to such items as “Construction in Progress” in accordance with the sum
due to be credited to the Construction in Progress, credited to such items as “Account Payable”, “Notes Payable”, “Bank Deposit”
in accordance with the sum payable or paid.

(6)

The fixed assets imported by enterprise hereof shall be charged to the item of such items as “Tax Payable—-VAT of Fixed Assets to
be Credited (Input Tax of Fixed Assets) ” in accordance with the sum of VAT noted in tax payment receipt provided by the custom,
charged to such items as “Fixed Assets”, “Project Material”, credited to such items as “Account Payable”, “Notes Payable”, “Bank
Deposit”, “Long-term Accounts Payable” in accordance with the sum payable or paid.

(7)

The transport charges paid for the imported fixed assets shall be charged to such item as “Tax Payable—-VAT of Fixed Assets to be
Credited (Input Tax of Fixed Assets)”in accordance with the sum credited, to such items as “Fixed Assets”, “Construction in Progress”,
“Project Material” in accordance with the sum of fixed assets and construction material to be charged, credited to as “Account Payable”,
“Notes Payable”, “Bank Deposit”, “Long-term Accounts Payable” in accordance with the sum payable or paid.

(8)

Where the enterprise uses fixed assets self-made or consigned to process for non-taxable or tax-exempt items, such fixed assets shall
be considered as distributions goods for the sake of counting VAT payable and charged to such items as “Project under Construction”,
credited to such item as “Tax Payable—-VAT Payable (VAT on Sales) “.

(9)

Where the fixed assets manufactured by the enterprise concerned, by processing deal or purchasing (including those donated or invested)
is provided to other units or self-employed as investment, it shall be considered as distributions goods for the sake of counting
VAT payable and be charged to such item as “Long-term Equity Investment” and credited to such item as “Tax Payable- VAT Payable (VAT
on Sales) “.

(10)

Where the fixed assets manufactured by the enterprise concerned, by processing deal or purchase is allocated by the enterprise concerned
to shareholder or investor, it shall be considered as distributions goods for the sake of counting VAT payable and be charged to
such items as “Distribution of Profits—-Common Stock Dividend”, credited to such items as ” Tax Payable—-VAT Payable (VAT on
Sales) “.

(11)

Where the fixed assets manufactured by the enterprise concerned or by processing deal is used for collective welfare and individual
consumption, it shall be considered as distributions goods for the sake of counting VAT payable and charged to such items as “Welfare
Expenses Payable” and credited to such items as “Tax Payable—-VAT Payable (VAT on Sales) “.

(12)

Where the fixed assets manufactured by the enterprise concerned, by processing deal or purchase is donated to others, it shall be
considered as distributions goods for the sake of counting VAT payable and charged to such item as “Non-Operating Outlay”, credited
to such item as ” Tax Payable- VAT Payable (VAT on Sales) “.

(13)

Where the fixed assets purchased by the enterprise concerned has been recorded in such item as “Tax Payable—-VAT of Fixed Assets
to be Credited (Input Tax of Fixed Assets) “, and the fixed assets concerned has been used for non-taxable items or for tax-exempt
item and exclusively for collective welfare and individual consumption, as well as for the utilization by the institutions inapplicable
to the scope of the “Measure” hereof, the recorded sum in the item aforesaid shall be transferred, charged to the related item and
credited to the item of “Tax Payable—-VAT of Fixed Assets to be Credited (Transfer of Fixed Assets Income Tax) “.

Where the input tax of fixed assets purchased by the enterprise concerned fails to be credited, it shall be charged to the cost of
fixed assets and undertake accounting treatment in accordance with the related regulation of enterprise accounting system.

(14)

Where the used fixed assets is sold, and its VAT input tax is credited to the item of “Tax Payable—-VAT of Fixed Assets to be Credited
(Transfer of Fixed Assets Income Tax)” in the period of its acquisition, its confirmed VAT in sales shall be charged to the item
of “Liquidation of Fixed Assets” and credited to the item of “Tax Payable—-VAT Payable (VAT on Sales) “. Where the used fixed assets
is sold, and its VAT input tax fails to credited to “Tax Payable- VAT of Fixed Assets Due to be Credited (Transfer of Fixed Assets
Income Tax)” in the period of its acquisition, yet its VAT input taxis permitted to be credited in accordance with related regulations
of tax law, it shall be charged to the item of “Tax Payable—-VAT of Fixed Assets to be Credited (Input tax of Fixed Assets)”,
credited to the item of “Liquidation of Fixed Assets”; the confirmed VAT input tax in the sale shall be charged to the item of “Liquidation
of Fixed Assets” and credited to the item of ” Tax Payable- VAT Payable (VAT on Sales)”.

(15)

In accordance with the related laws and regulations, the credited fixed assets input tax offsetting the unpaid VAT shall be charged
to the item of “Tax Payable—-VAT Payable (Unpaid VAT)”, and credited to the item of “Tax Payable—- VAT of Fixed Assets to be
credited (Credited Fixed Asset Income Tax)”.

(16)

Where the newly added VAT is used to credit fixed assets income tax at the end of the period, it shall be charged to the item of “Tax
Payable—-VAT Payable (Newly Added VAT to Offset Fixed Assets Income Tax)”, charged to the item of “Tax Payable—-VAT Payable (Credited
Fixed Assets Income Tax) “, credited to the item of “Tax Payable—-Fixed Assets to be credited”. However, in accordance with the
means regulated by tax authorities to rebate tax, the enterprise shall count the VAT to be paid hereby and abide by the enterprise
accounting system and the related regulations to conduct accounting treatment. Where the enterprise concerned receives the input
tax refunded from the nation of the newly added fixed assets to be credited, it shall charge the actually received sum to the item
of “Bank Deposit” credited to the item of “Tax Payable—- VAT of Fixed Assets to be Credited (Credited Fixed Assets Income Tax”).



 
The Ministry of Finance
2004-09-22

 







DECISION OF THE MINISTRY OF COMMERCE ON ABOLISHING THE SECOND BATCH OF REGULATIONS AND REGULATORY DOCUMENTS

the Ministry of Commerce

Decision of the Ministry of Commerce on Abolishing the Second Batch of Regulations and Regulatory Documents

Since 1993, the department undertaking the administration of domestic trade under the State Council has gone through evolutions. After
the reform of government institutions of the State Council in 2003, the function of administering the domestic trade has been ranked
into the newly established Ministry of Commerce. With the view of promoting the development of domestic trade and the establishment
of market circulation legal system and promoting administration by law, the Ministry of Commerce has made an overall cleaning-up
on the regulations and regulatory documents promulgated by the former Ministry of Material Supplies, the former Ministry of Commerce,
the former Ministry of Domestic Trade, the former Bureau for Domestic Trade and the former State Economic and Trade Commission since
1993. After the cleaning-up, the Ministry of Commerce, upon the approval of the relevant departments of the State Council, decides
to abolish the second batch of 33 departmental regulations and regulatory documents (See the Attachment for the table of contents)

Attachment: The Table of Contents of Abolished Regulations and Regulatory Documents Determined by the Ministry of Commerce (the second
batch)

Minister Bo Xilai

October 15, 2004 Attachment:The Table of Contents of Abolished Regulations and Regulatory Documents Determined by the Ministry of Commerce (the second batch)

htm/e03754.htmSerial Number

Serial Number

Name of Legal Documents

Organs of Promulgation

Number of Documents

Date of Promulgation

Reasons for Abolishment

1

Notice on Issuing the Standard of Technical Grades for Workers in Material Supplies Industry

Ministry of Material Supplies and Ministry of Labor

No.13 [1993] of the Ministry of Material Supplies

February 8, 1993

Been substituted by the new standard as prescribed in the Notice on Printing and Distributing the Sixth Batch of Professional
Standard of the State  (No. 14 [2003] of the Office of Labor and Social Security)

2

Notice of the Ministry of Material Supplies and the State Administration for Industry and Commerce on the Exemption
of Handling "Navicert" for the Sale of the "GD-SANYO" Air Conditioners Out of the Province by
the Guangdong SANYO Co.

Ministry of Material Supplies and the State Administration for Industry and Commerce

No.38 [1993] of the Ministry of Material Supplies

February 15, 1993

The object of adjustment has no longer existed and actually it has been invalidated.

3

Joint Notice of the Ministry of Metallurgy, the Ministry of Domestic Trade, the State Economic and Trade Commission,
the Ministry of Construction, the Ministry of Agriculture and the State Administration of Technical Supervision on
Strictly Prohibiting the Production and Sale of False and Inferior Steel

the Ministry of Metallurgy, the Ministry of Domestic Trade, the State Economic and Trade Commission, the Ministry
of Construction, the Ministry of Agriculture and the State Administration of Technical Supervision

No.256 [1993] of the Ministry of Metallurgy

June 9, 1993

The application period has expired and actually it has been invalidated.

4

Emergency Notice on Ensuring the Completion of the Task for Allocating and Transporting Timber for the Use of Key
Production Construction of the State and for Providing Disaster Relief

the Ministry of Domestic Trade, the Ministry of Forestry, the Ministry of Railway and the Ministry of Communications

No.89 [1993] of the Ministry of Domestic Trade

August 25, 1993

The application period has expired and it has been invalidated actually.

5

Notice of the Ministry of Domestic Trade and the State Administration for Industry and Commerce on g the Administration
of Import Commodities in Guangdong, Fujian and Hainan Provinces

the Ministry of Domestic Trade and the State Administration for Industry and Commerce

No.300 [1993] of the Ministry of Domestic Trade

November 23, 1993

The application period has expired and it has been invalidated actually.

6

Notice of the State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation and the
General Administration of Customs on Printing and Distributing the Detailed Rules for the Implementation of Management
on the Import of Specific Products

the State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation and the General Administration
of Customs

No.564 [1993] of the State Economic and Trade Commission

January 12, 1994

Having been substituted by the Detailed Rules for the Implementation of the Management on Import of Specific Machinery
and Electrical Equipment (Order No. 24 [2001] of the Ministry of Foreign Trade and Economic Cooperation and the General
Administration of Customs)

7

Several Provisions of the Ministry of Domestic Trade on Strengthening the Management on Credit Cards

the Ministry of Domestic Trade

No.945 [1994] of the Ministry of Domestic Trade

November 28, 1994

The application period has expired and it has been invalidated actually.

8

Measures for the Special Funds for National Bulk Cement

the Ministry of Domestic Trade and the Ministry of Finance

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...