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MEASURES FOR THE ADMINISTRATION OF AQUATIC FINGERLINGS

the Ministry of Agriculture

Decree of the Ministry of Agriculture of the People’s Republic of China

No. 46

The Measures for the Administration of Aquatic Fingerlings have been amended and adopted at the 37th executive meeting of the Ministry
of Agriculture on December 21, 2004, and the amended Measures for the Administration of Aquatic Fingerlings are hereby promulgated
and shall come into force since April 1, 2005.

The Minister Du Qinglin

January 5, 2005

Measures for the Administration of Aquatic Fingerlings

Chapter I General Provisions

Article 1

For the purpose of protecting and making reasonable use of aquatic germ plasm resources, strengthening the administration of selection
and breeding of aquatic varieties and the production, operation, import and export of fingerlings, improving the quality of aquatic
fingerlings, maintaining the legitimate rights and interests of those who produce, deal in and make use of aquatic fingerlings and
promoting the steady and sound development of the aquaculture, these Measures are formulated in accordance with the Fisheries Law
of the People’s Republic of China and other relevant laws and regulations.

Article 2

The aquatic fingerlings mentioned in these Measures refer to the parents, pedomorphism, larvae, zygotes, spores and heredity breeding
materials of aquatic animals and plants used for breeding, multiplication and cultivation (planting) production, scientific research
and experiments as well as for enjoyment.

Article 3

Any entity or individual that engages in the exploration and exploitation of aquatic germ plasm resources, selection and breeding
and cultivation of species, and the production, operation, management, import and export of aquatic fingerlings within the territory
of the People’s Republic of China shall comply with these Measures.

The administration of rare and endangered aquatic wild animals and plants and their fingerlings shall be implemented in accordance
with relevant laws and regulations.

Article 4

The Ministry of Agriculture shall be responsible for the administrative work of aquatic germ plasm resources and aquatic fingerlings
in the whole country.

The fishery administrative departments of the local people’s governments at or above the county level shall be responsible for the
administrative work of aquatic germ plasm resources and aquatic fingerlings within their respective administrative regions.

Chapter II Protection of Germ Plasm Resources and Selection and Breeding of Species

Article 5

The State shall, designedly collect, sort out, appraise, protect, preserve and reasonably utilize aquatic germ plasm resources. No
entity or individual may encroach or destroy aquatic germ plasm resources.

Article 6

The State protects aquatic germ plasm resources and their surviving environments, and establishes preservation areas of aquatic germ
plasm resources in the main regions where aquatic germ plasm resources, with high economic values and heredity and breeding values,
grow and breed. No entity or individual may be engaged in fishing activities in the preservation area of aquatic germ plasm resources
without the approval of the Ministry of Agriculture.

Any construction project that causes unfavorable influences on the aquatic germ plasm resources shall be disposed in accordance with
Article 35 of the Fisheries Law of the People’s Republic of China.

Article 7

A fishery administrative department of the people’s government at or above the provincial level shall make a reasonable arrangement
and construction of seed stock stations and seed multiplication farms according to the requirements for developing the aquatic multiplication
and cultivation, natural conditions and characteristics of germ plasm resources.

The national or provincial seed stock station and seed multiplication farm shall be responsible for preserving or selecting and breeding
or using heredity materials and parents, and provide parents to the entities that propagate aquatic fingerlings.

Article 8

The parents used for crossbreeding commercial fingerlings shall be pure line colonies. No reproductive hybrid may be used for parent
propagation.

Strict measures for the isolation and against the escape shall be established at the sites for breeding reproductive hybrid individuals
and modifying heredity features of individuals and offspring through biological engineering technologies, and it is prohibited to
throw them into the river, lake, reservoir, sea areas or any other natural water area.

Article 9

The State encourages and supports the selection and breeding, cultivation and popularization of good aquatic breeds. The fishery administrative
departments of the people’s governments at or above the county level shall designedly organize the scientific research, teaching
and production entities to select, breed, and cultivate good aquatic breeds.

Article 10

The Ministry of Agriculture establishes the national appraisal committee of aquatic protospecies and examines and approves new aquatic
varieties.

Those new aquatic varieties that are appraised qualified may be popularized upon the announcement of the Ministry of Agriculture.

Chapter III Production, Operation and Management

Article 11

In case an entity or individual plans to engage in the production of aquatic fingerlings, it shall be approved by the fishery administrative
department of the people’s government at or above the county level, and obtain a license for producing aquatic fingerlings, however,
with the exception of those aquatic fingerlings that are self-bred and self-used by the fishery producer.

The fishery administrative department of the people’s government at the provincial level shall be responsible for the check and grant
of licenses for producing aquatic fingerlings of seed stock stations and seed multiplication farms. The right to grant licenses for
producing other aquatic fingerlings shall be prescribed by the fishery administrative department of the people’s government at the
provincial level.

The licenses for producing aquatic fingerlings shall be uniformly printed by the fishery administrative department of the people’s
government at the provincial level.

Article 12

An entity or individual that engages in producing aquatic fingerlings shall meet the following requirements:

(1)

It/he has fixed production sites, abundant water sources and water quality in accordance with the fishery water using standards;

(2)

The parents used for breeding shall come from seed stock stations and seed multiplication farms and the quality thereof shall comply
with the germ plasm standards;

(3)

The production conditions and facilities shall accord with the requirements of production technology operational rules and procedures
of aquatic fingerlings; and

(4)

It/he has the corresponding professional technical personnel suitable for the production and the quality inspection of aquatic fingerlings.

In case an application entity is a seed stock station or seed multiplication farm, it shall additionally meet the requirements of
the Rules on the Production and Management of Seed Stock Stations and Seed Multiplication Farms as promulgated by the Ministry of
Agriculture.

Article 13

Any entity or individual that applies for engaging in producing aquatic fingerlings shall fill out an application form of producing
aquatic fingerlings and submit the materials proving that it comply with the conditions prescribed by Article 12 of these Measures.

The format of an application form of producing aquatic fingerlings shall be uniformly formulated by the fishery administrative department
of the people’s government at the provincial level.

Article 14

A fishery administrative department of the people’s government at or above the county level shall, according to the examination and
approval purview as prescribed by Paragraph 2 of Article 11 of these Measures, carry out examination on the materials submitted
by the applicant within 20 days upon receipt of the application, and make a decision whether the license of producing aquatic fingerlings
shall be issued after on-the-spot assessment.

Article 15

An entity or individual producing aquatic fingerlings shall carry out the production in the light of scopes and varieties as prescribed
by the license. Where it is necessary to alter production scopes and varieties, it/he shall go through the alteration formalities
at the original license issuing organ.

The valid period of licenses for producing aquatic fingerlings shall be three years. If the period needs to be prolonged after the
expiration, it/he shall apply to the organ that issues original license 30 days prior to the expiration, and go through the extension
procedures.

Article 16

The production of aquatic fingerlings shall comply with the operational rules and procedures of production technology prescribed by
the Ministry of Agriculture. And the quality of aquatic fingerlings shall be guaranteed.

Article 17

The fishery administrative departments of the people’s governments at or above the county level shall organize the relevant quality
inspection organs to inspect the quality of parents, pedomorphism and larva of fingerling bases within their respective administrative
areas. In case they are inspected to be unqualified, it is necessary to give warnings and order the rectification be made within
the time limit. In case they are still unqualified after the expiration of the time limit, the organs which issue the license shall
revoke and cancel licenses for producing aquatic fingerlings.

Article 18

The fishery administrative department of the local people’s government at or above the county level shall strengthen the quarantine
of the origins of aquatic fingerlings.

In the case of aquatic fingerlings introduced from other areas of our country, the quarantine procedures shall be handled at the local
fishery administrative department first, and the said aquatic fingerlings may not be transported or sold until they are quarantined
to be qualified.

The quarantine personnel shall implement the quarantine in accordance with the quarantine rules and procedures, and issue certificates
for those aquatic fingerlings that are quarantined to be qualified.

Article 19

It is prohibited to excavate mines or ores, blast or discharge sewage or carry out other activities destroying the ecological environment
of water areas at the areas where aquatic fingerlings propagate and inhabit. In the case of pollution to the environment of water
areas, it shall be disposed in accordance with the relevant provisions in the Law of the People’s Republic of China on Prevention
and Control of Water Pollution, and the Marine Environment Protection Law of the People’s Republic of China.

Measures shall be adopted to protect fingerlings when channeling or using water from the water areas that specialize in producing
aquatic animal fingerlings.

Chapter IV Import and Export Administration

Article 20

Any entity or individual that intents to engage in the import and export of aquatic fingerlings shall be approved by the Ministry
of Agriculture or the fishery administrative department of the people’s government at the provincial level.

Article 21

The Ministry of Agriculture shall, in conjunction with the relevant departments under the State Council, formulate the import directory
and the export directory of aquatic fingerlings, and promulgate them termly.

The import directory and the export directory of aquatic fingerlings shall be categorized as I, II and III. Those aquatic fingerlings
as listed in category I of the import directory may not be imported, and those aquatic fingerlings as listed in category I of the
export directory may not be exported. The import and export of aquatic fingerlings as listed in category II and those aquatic fingerlings
that have not been listed in the directory shall be subject to examination and approval of the Ministry of Agriculture. The import
and export of aquatic fingerlings as listed in category III shall be subject to examination and approval of the fishery administrative
departments of the people’s governments at the provincial level.

Article 22

An entity or individual that applies for importing aquatic fingerlings shall submit the following materials:

(1)

An application form for importing aquatic fingerlings;

(2)

A safety impact report of importing aquatic fingerlings (including the impacts on the ecological environment and biological species
of water areas where aquatic fingerlings are imported into, plant diseases and insect pests possibly carried by the imported aquatic
fingerlings and their harms, etc.);

(3)

The photocopies of the intent document and donation agreement signed with foreign parties;

(4)

A certificate of origin issued by the administrative department in charge of the country (region) where the imported aquatic fingerlings
are located; and

(5)

A photocopy of the business license.

Article 23

The entities of imported aquatic fingerlings that are not listed in the import directory of aquatic fingerlings shall meet the following
conditions ;

(1)

Having complete facilities against the escape and for the insulation, and an experimental pool with its areas not less than three
hectares;

(2)

Having certain scientific research manpower and secondary and senior technical staff who undertake the research on germ plasm, diseases
and ecology; and

(3)

Having basic instruments and facilities for carrying out the inspection on germ plasm, the quarantine of epidemic diseases and the
inspection work of water quality.

In addition to those materials as provided in Article 22 , an entity that imports aquatic fingerlings but not included in the import
directory of aquatic fingerlings shall still provide the following materials:

(1)

Materials regarding the country or region where the imported aquatic fingerlings are located, including the imported aquatic fingerlings’
categories, biological features, heredity characters, economic features and the status quo of exploration and exploitation, inhabitant
water areas and climatic features of the said areas, as well as the ecological conditions of water areas;

(2)

Conditions regarding the artificial propagation and cultivation of imported aquatic fingerlings; and

(3)

Conditions regarding the occurrence of epidemic diseases in the areas where the aquatic fingerlings are exported.

Article 24

An entity or individual that applies for exporting aquatic fingerlings shall submit an application form for export.

Article 25

An entity or individual importing and exporting aquatic fingerlings shall submit an application to the fishery administrative department
of the people’s government at the provincial level. The fishery administrative department of the people’s government at the provincial
level shall examine and verify the application materials concerning the import and export of aquatic fingerlings within 15 days after
receiving the application, and according to the limit of examination and approval authorities, directly examine and approve the application,
or submit the examination opinions and all materials to the Ministry of Agriculture for examination and approval after preliminary
examination.

A fishery administrative department of the people’s government at the provincial level shall, prior to the end of every year, submit
the information of the import and export of aquatic fingerlings examined and approved thereby to the Ministry of Agriculture for
archival purposes.

Article 26

The Ministry of Agriculture shall entrust the national appraisal committee of aquatic protospecies and improved varieties to organize
experts to conduct safety impact assessment on the aquatic fingerlings under application for import within five days after receiving
the materials submitted by the fishery administrative department of the people’s government at the provincial level, and make a decision
on whether to approve the import within 15 days after receiving the safety impact assessment; and make a decision on whether to approve
the export within 10 days after receiving an application for export of aquatic fingerlings.

Article 27

An entity or individual that files an application for importing and exporting aquatic fingerlings shall handle procedures of import
or export with the examination and approval form of the import or export of aquatic fingerlings as ratified by the Ministry of Agriculture
or by the fishery administrative department of the people’s government at the provincial level.

The formats of the application form and the examination and approval form of the import or export of aquatic fingerlings shall be
uniformly formulated by the Ministry of Agriculture.

Article 28

The quarantine shall be implemented on the aquatic fingerlings to be imported or exported so as to prevent plant diseases and insect
pests passing into or out of the territory. The detailed quarantine work shall be carried out in accordance with the provisions in
the Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine and other laws and regulations.

Article 29

The territorial supervision shall be executed for the import of aquatic fingerlings.

After the aquatic fingerlings have been quarantined to be qualified by the exit and entry inspection and quarantine department, the
importing entity or individual shall promptly report it to the fishery administrative department of the people’s government at the
provincial level where it/he locates. The fishery administrative department of the people’s government at the provincial level where
it/he locates or the fishery administrative department of the people’s government at or above the county level entrusted thereby
shall be specifically responsible for the supervision and inspection after the entry into the territory.

Article 30

In the case of the import of aquatic fingerlings not included in the importing directory, the importing entity or individual shall,
after the said aquatic fingerlings are quarantined to be qualified by the exit and entry inspection and quarantine department, set
up a special site for trial cultivation, or cultivate them in a site designated by the Ministry of Agriculture under special circumstances.

The trial cultivation period shall be a propagation cycle of the imported aquatic fingerlings in general. During the trial cultivation
period, the Ministry of Agriculture will not approve the import of the said aquatic fingerlings, and the said importing entity may
not spread the said cultivated fingerlings out of the trial cultivation site.

Upon the assessment of the national appraisal committee of aquatic protospecies and improved varieties and the announcement of the
Ministry of Agriculture, the aquatic fingerlings may be popularized after the expiration of the trial cultivation period.

Article 31

The provisions on the administration of foreign species shall be strictly complied with in the case of the imported aquatic fingerlings
to be thrown into the river, lake, reservoir, sea area or any other natural water areas.

Chapter V Supplementary Provisions

Article 32

The meanings of the following terms used in these Measures:

(1)

Protospecies refer to those proto-parents that are taken from species collecting water areas or from wild aquatic animal and plant
species in other natural water areas and used for selection and breeding.

(2)

Improved varieties refer to those aquatic animal and plant species that grow fast, have good characters, strong resistance and stable
properties, and adapt to natural conditions within certain areas and may be used for multiplication and cultivation (planting).

(3)

Hybrids refer to the offspring that are produced by the crossbreeding between different breeds, subspecies or varieties.

(4)

Varieties refer to those aquatic animals and plants that undergo the artificial selection and cultivation, have stable hereditary
features, are different from parents or other colonies within the same species and have good economic characters.

(5)

Pedomorphism and larvae refer to those individuals that are in a stage of being hatched out up to the sexual maturity.

(6)

Parents refer to those individuals that have reached the age of sexual maturity.

Article 33

In the case of any violation of these Measures, punishments shall be imposed in accordance with the relevant provisions in the Fisheries
Law of the People’s Republic of China and other laws and regulations.

Article 34

The Regulation on the Administration of the Safety of Agricultural Transgenic Organism and other state provisions shall be simultaneously
abided by for the selection, breeding, cultivation, production, operation, import and export administration of transgenic aquatic
fingerlings.

Article 35

These Measures shall come into force since April 1, 2005.



 
the Ministry of Agriculture
2005-01-05

 






MEASURES GOVERNING INSPECTION, QUARANTINE, AND SUPERVISION ON THE FRUIT ENTERING THE PRC

State Administration of Quality Supervision, Inspection and Quarantine

Decree of the State Administration of Quality Supervision, Inspection and Quarantine

No. 68

The Measures Governing Inspection, Quarantine, and Supervision on the Fruit entering the PRC were deliberated and adopted at the executive
meeting of the State Administration of Quality Supervision, Inspection and Quarantine on December 24, 2004. They are hereby promulgated
and shall come into force as of July 5, 2005.

Director of the State Administration of Quality Supervision, Inspection and Quarantine Li Changjiang

January 5, 2005

Measures Governing Inspection, Quarantine, and Supervision on the Fruit Entering the PRC

Article 1

In order to prevent the fruit from carrying and spreading harmful organisms and poisonous and harmful substances subject to quarantine
and to protect the agricultural production, ecological safety and human health in the PRC, the present Measures are formulated in
accordance with the Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine and the implementation
regulations thereof, the Law of the People’s Republic of China on Import and Export Commodity Inspection and the implementation regulations
thereof, and the Food Hygiene Law of the People’s Republic of China.

Article 2

These Measures shall apply to the inspection, quarantine and supervision and control of the fresh fruit entering the PRC.

Article 3

The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ) shall exercise
unified supervision and control over the inspection and quarantine of the fruit entering the PRC throughout the country.

The entry and exit inspection and quarantine institutions founded throughout the country by the SAQSIQ (hereinafter referred to as
the inspection and quarantine institutions) shall assume the responsibility for the supervision and control over the inspection and
quarantine of the fruit entering the PRC within their respective jurisdiction.

Article 4

No fruit may be carried or posted into the PRC unless otherwise provided in the laws and regulations.

Article 5

Before a contract or agreement is concluded on the trade of the fruit entering the PRC, an application shall be filed to the SAQSIQ
for going through the examination and approval formalities for the quarantine and inspection of the fruit and shall obtain an Entry
Animal and Plant Quarantine License of the People’s Republic of China (hereinafter referred to as the EAPQL).

Article 6

The fruit owner or its agent shall present the EAPQL (original) and the plant quarantine certificate (hereinafter referred to as the
PQC) (original) released by the official quarantine and inspection department of the exporting country or region to the inspection
and quarantine institution when filing an application for inspection and quarantine.

Article 7

A PQC shall meet the following requirements:

(1)

Its content and format shall meet the requirements in the Guidelines for Phytosanitary Certification (ISPM No.12) in the International
Standards for Phytosanitary Measures;

(2)

In case the fruit enters China by means of containers, the PQC shall clearly state the container number; and

(3)

In case there is an agreement (including agreement, protocol, memorandum, etc. the same below) concluded between the exporting country
or region and the PRC, the PQC shall observe the requirements as stipulated in the agreement as well.

Article 8

An inspection and quarantine institution shall exercise the inspection and quarantine over the fruit in accordance with the following
provisions:

(1)

Chinese laws, regulations, standards and relevant provisions on inspection and quarantine;

(2)

The bilateral agreements concluded by the Chinese government and the governments of exporting countries or regions;

(3)

The protocols concluded between the SAQSIQ of the PRC and the inspection and quarantine departments of exporting countries or regions;
and

(4)

The related requirements as listed by the EAPQL.

Article 9

The fruit shall meet the following inspection and quarantine requirements:

(1)

No mixed loading of any other fruit off the list in the PQC is allowed;

(2)

The name and origin of the fruit, name or code of the packing factory shall be specified on the packages in Chinese or in English;

(3)

With no harmful organisms, soil and plant debris like leaves, branches subject to quarantine, which are forbidden to enter the territory
of the PRC;

(4)

The amount of poisonous and harmful substances detected shall not exceed the relevant standards on safety and hygiene in the PRC;
and

(5)

If the exporting country or region has reached an agreement or protocol with the PRC, the requirements as stipulated in the agreement
or protocol shall be conformed to as well.

Article 10

An inspection and quarantine institution shall conduct on-the-spot inspection and quarantine over the fruit following pertinent working
procedures and standards:

(1)

To check out whether the fruit is in conformity with the certificate;

(2)

To check against the PQC and the related information and official quarantine marks on the packages in accordance with the requirements
of Articles 7 and 10;

(3)

To check out whether there are polypites, symptoms of disease, branches, leaves, soil, and condition of plant disease or insect pest
with the fruit. If a suspicious epidemic is found during the quarantine on the spot, the fruit shall be sent to the laboratory for
quarantine and verification; and

(4)

To take samples from the fruit and send them to the laboratory for testing under the relevant provisions and standards.

Article 11

An inspection and quarantine institution shall exercise laboratory inspection and quarantine under the relevant working procedures
and standards.

It shall verify the polypites, germs, weeds etc. found on the spot or in the laboratory, shall test if the samples taken from the
spot contain toxic and harmful substances and shall issue inspection and quarantine results.

Article 12

An inspection and quarantine institution shall deal with the fruit in accordance with the inspection and quarantine results, respectively:

(1)

The fruit that has passed the inspection and quarantine shall be given a certification for inspection and quarantine of entry goods
and shall be allowed to enter the PRC;

(2)

Where it is found through quarantine that there are quarantine harmful organisms or other harmful organisms of quarantine significance,
such treatment as disinfection and disinfestation must be conducted and an Inspection and Quarantine Treatment Notice shall be issued.
The fruit that passes the inspection and quarantine after the treatment of disinfection and disinfestation shall be allowed to enter
China; or

(3)

In case the fruit is inconsistent with any of the requirements as described in Article 10 of the present Measures or with the certificate,
or fails to pass the quarantine and inspection and there is no effective disinfection and disinfestation treatment method, an Inspection
and Quarantine Treatment Notice shall be issued and such fruit shall be returned or destroyed under the supervision of the inspection
and quarantine institution.

Where it is necessary to claim compensation from a foreign country, a relevant Inspection and Quarantine Certificate shall be released.

Article 13

When the fruit entering the PRC is under any of the following circumstances, the SAQSIQ shall suspend the importing of such fruit
or suspend the importing of fruit from the relevant production areas, orchards or packing factories according to the actual circumstances:

(1)

A serious epidemic situation of plants breaks out in the orchard, processing area or the surrounding area thereof;

(2)

Upon inspection and quarantine, harmful organisms subject to quarantine are found which are paid close attention by China;

(3)

Upon inspection and quarantine, it is found that the amount of poisonous and harmful substances in the fruit exceeds the pertinent
safety and hygienic standards in China; or

(4)

It is inconsistent with the relevant Chinese laws and regulations on inspection and quarantine, bilateral agreements or pertinent
international standards.

Where it is necessary to resume the import of the fruit suspended from importing as mentioned in the preceding paragraph, it shall
be confirmed by the SAQSIQ under the relevant provisions.

Article 14

The fruit entering the PRC via Hong Kong or Macao shall be transported through containers and shall enter the PRC with the original
cases, original packages and original PQC (hereinafter referred to as the “three originals”). Before the fruit enters the PRC, the
inspection institution in Hong Kong or Macao, which is authorized by the SAQSIQ, shall verify whether the fruit falls within the
scope of fruit allowed to enter the PRC and shall verify the three originals. After confirming that it is up to standard, the inspection
institution in Hong Kong or Macao, which is authorized by the SAQSIQ shall attach sealing marks on the containers, release corresponding
confirmation certification documents, give a clear indication of the sealing number, original certificate number and original sealing
number, and simultaneously send the certification documents to the inspection and quarantine institution of the entry port in time.
As to a batch of fruit packed in several containers, it may be accompanied by one plant quarantine certificate, but it must be simultaneously
confirmed by the inspection institution in Hong Kong or Macao as authorized by the SAQSIQ.

When applying for quarantine, the owner or its agent shall submit the confirmation certification documents (original) issued by the
above-mentioned inspection institution in Hong Kong or Macao. In case the certification documents are not in conformity with the
confirmation information sent by the inspection institution in Hong Kong or Macao, the application for quarantine shall be rejected.

Article 15

Depending on the demand of inspection and quarantine, the SAQSIQ may, with the consent of the governmental quarantine institutions
of exporting countries or regions, assign quarantine personnel to the places of origin for pre-inspection, supervision over packing
or investigation of epidemic situation of the places of origin and the situation of the application of chemicals.

Article 16

The fruit on which the inspection and quarantine hasn’t been completed yet shall be stored in the places as designated by the inspection
and quarantine institutions. No one is allowed to move, sell or use such fruit without approval.

The storage places of fruit entering the PRC shall be supervised and managed by the local inspection and quarantine institutions,
and they shall meet the following conditions:

(1)

With sufficient independent storage space;

(2)

With necessary facilities for guaranteeing the quality and keeping the fruit fresh;

(3)

Conforming to the requirements of quarantine and epidemic prevention; and

(4)

With the conditions for disinfection and disinfestation.

Article 17

If, with a view of academic research, donation, or exhibition, it is necessary to import the fruit prohibited from entering the PRC,
the owners or their agents must file an application with the SAQSIQ or authorized institutions for inspection and quarantine for
going through the formalities of examination and approval of a permit for special quarantine in advance. When entering China, they
shall file an application with the inspection and quarantine institutions of the entry port for fruit quarantine and accept the quarantine.

For fruit to be exhibited, during the period of exhibition, the fruit shall be supervised and controlled by the inspection and quarantine
institution and must not be used, donated, sold or transferred without the approval from the inspection and quarantine institution.
After the exhibition is finished, the fruit shall be returned or destroyed under the supervision of the inspection and quarantine
institution.

Article 18

Anyone in violation of the provisions of these Measures shall be punished by the inspection and quarantine institutions in accordance
with the Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine and the implementation regulations
thereof, the Law of the People’s Republic of China on Import and Export Commodity Inspection and the Food Hygiene Law of the People’s
Republic of China.

Article 19

The power to interpret the present Measures shall be vested in the SAQSIQ.

Article 20

The Present Measures shall come into force as of July 5, 2005. The Measures Governing the Quarantine of Fruit Entering the PRC promulgated
by the former State Administration of Entry-Exit Inspection and Quarantine on December 9, 1999 shall be annulled henceforth.



 
State Administration of Quality Supervision, Inspection and Quarantine
2005-01-05

 






THE CIRCULAR OF THE FOREIGN-INVESTED ENTERPRISES ASSOCIATION OF CHINA ON EXPORT ADMINISTRATION ISSUES OF THE THREE KINDS OF ELECTROMECHANICAL PRODUCTS AS FANNERS, BICYCLES AND MOTORCYCLES IN 2005

The Foreign-invested Enterprises Association of China

The Circular of the Foreign-invested Enterprises Association of China on Export Administration Issues of the Three Kinds of Electromechanical
Products as Fanners, Bicycles and Motorcycles in 2005

January 6, 2005

All membership enterprises:

Recently, the Ministry of Commerce and the Customs General Administration issued the announcement No.78, and promulgated the Export
License Management Commodity List of 2005. At the same time, the Ministry of Commerce issued the announcement No.97 as well, and
promulgated the List of the Goods Administered by Export Permit Issued by Authorities Classification of 2005 (the particulars of
the above-mentioned announcements can be searched in the Ministry of Commerce website: www.mofcom.gov.cn ). In order to facilitate
the enterprises’ exportation, the relevant matters are stated now as follows:

In 2005, the ministry of Commerce shall, in accordance with the spirit of the two announcements stated above, perform the permit administration
on export of the three kinds of electromechanical products as fanners, bicycles and motorcycles. Where enterprises go through the
formalities of export declaration at customs, they shall show the export permit.

The enterprises continuously exporting one of the three kinds of electromechanical products as fanners, bicycles and motorcycles shall
handle export permit procedures with the local authorities issuing permits (the authorities that obtained permits at the time of
the former invitation to bid). Please contact timely with the Foreign-invested Enterprises Association of China if there are problems
in the process of handling permit and export.

Contacting department of the Association: the Department of Products Harmonization

Telephone: 010-85226278/6279

Fax: 010-85226262



 
The Foreign-invested Enterprises Association of China
2005-01-06

 






THE ANNOUNCEMENT ON THE NEWLY-ADDED NON-PHARMACEUTICAL GOODS IN THE IMPORT DRUG LIST

The State Food and Drug Administration

The Announcement on the Newly-added Non-pharmaceutical Goods in the Import Drug List

Guo Shi Yao Jian Zhi [2005] No. 11

With a view to facilitating the customs clearance of non-pharmaceutical goods and standardizing the port administration, the State
Food and Drug Administration issued the Announcement of Relevant Issues on the Customs Clearance of Non-pharmaceutical Goods in the
Import Drug List (hereinafter referred to as the Announcement) (Guo Shi Yao Jian Zhi [2005] No.11), publicizing a group of non-pharmaceutical
goods and prescribing that newly-added contents will be publicized periodically. In accordance with the requirement of the Announcement,
the State Food and Drug Administration re-arranged the recent import of non-pharmaceutical goods, the newly-added non-pharmaceutical
goods are now publicized as follows:

1.

Food additive category:

Isomalt.

2.

Precursor compound of drugs:

Hghroxy phenylglycine, tetraacetylribofuranose, 7-ANCA, cefepime sulfate, cefpiramide acid, cefodizime acid.

3.

Others:

Melatonin, Choline formate, 3-O- methoxy Methyl -16, 17-O-sulfonyl-16- epimestrol.

It is thereby notified.

The State Food & Drug Administration

January 10, 2005



 
The State Food and Drug Administration
2005-01-10

 






THE CIRCULAR OF THE SUPERVISION DEPARTMENT OF CHINA SECURITIES REGULATORY COMMISSION ON RELATED MATTERS ABOUT ISSUANCE OF SHORT-TERM FINANCING BONDS FOR SECURITIES COMPANIES

The Supervision Department of the China Securities Regulatory Commission

The Circular of the Supervision Department of China Securities Regulatory Commission on Related Matters about Issuance of Short-term
Financing Bonds for Securities Companies

Ji Gou Bu Bu Han [2005] No. 18

All securities companies:

Pursuant to the provisions of the Measures for Administration of Short-term Financing Bond of Securities Companies, the Memorandum
of Understanding on the Measures for Administration of Short-term Financing Bond of Securities Companies of the People’s Bank of
China, the China Securities Regulatory Commission and the China Banking Regulatory Commission, the related issues about qualification
approval of the issuance of short-term financing bonds for securities companies are hereby notified as follows:

1.

The securities company which proposes to issue short-term financing bond shall submit to the Supervision Department the materials
that prove it consistent with the fundamental conditions of issuing short-term financing bond prescribed in the Measures for Administration
of Short-term Financing Bond of Securities Companies, including:

(1)

The basic information of proposed issuance of the short-term financing bond, including the aims, repayment arrangement, funds usage,
the company’s net assets in recent three months and etc..;

(2)

The preservation of trading settlement funds of the clients of the company, the enforcement of the Circular of Further Strengthening
the Supervision of Clients Trading Settlements funds of Securities Companies, and the commitment that senior managers doesn’t misappropriate
the clients trading settlements funds and bear the relevant responsibilities;

(3)

The account of the company internal control mechanism and its execution, including the separate management of the application of equity
capital from the assets management business for clients as an agent, the construction of medium and back platform and control of
the operation risks of the front platform, and commitment of rules-compliance operation of the company;

(4)

The evaluation of the assets and liabilities in accordance with relevant rules adopted by the company;

(5)

The appraisal and control of stock risks of the company;

(6)

The copy of approval document of national inter-bank borrowing (lending) market membership;

(7)

The copy of announcement on information disclosure publicized by the inter-bank borrowing center.

2.

The Supervision department shall exanimate the materials submitted by securities companies in accordance with Article 9 of the Measures
for Administration of Short-term Financing Bond of Securities Companies, and issue an approval letter to the qualified securities
company.

3.

In the first year of the implementation of the Measures for Administration of Short-term Financing Bond of Securities Companies, securities
companies of innovational tryout or normalized development type that passed the review of the Securities Association of China may
not retain credit rating agencies to make credit rating at the time of issuance of short-term financing bond.

4.

All securities companies shall abide by the provisions of the Measures for Administration of Short-term Financing Bond of Securities
Companies, and carry out earnestly the issuance, trading and information disclosure of short-term financing bonds, and report timely
to the China Securities Regulatory Commission and the People’s Bank of China if they encounter material problems.

The Supervision department of the China Securities Regulatory Commission

January 11, 2005



 
The Supervision Department of the China Securities Regulatory Commission
2005-01-11

 






INTERIM MEASURES FOR ADMINISTRATION OF FOREIGN-RELATED SOCIAL SURVEY ACTIVITIES

Interim Measures for Administration of Foreign-related Social Survey Activities

     Article 1 These Measures are formulated, in accordance with the Statistics Law of the People s Republic of China and other relevant
laws and regulations, for the purpose of standardizing foreign-related social survey activities and actively directing the healthy
and orderly development of foreign-related social survey activities to maintain the social economic order and promote the smooth
progress of opening up to the outside world and socialist construction.

   Article 2 Foreign-related social survey activities mentioned in these Measures refer to the social survey activities conducted by such institutions
within the territory of China as foreign-capital enterprises, Chinese-foreign equity joint ventures held by foreign parties, Chinese-foreign
contractual joint ventures with foreigners occupying a leading position, branches of foreign enterprises, resident representative
offices of foreign enterprises and resident institutions in China of other foreign organizations(hereinafter referred to as foreign-related
institutions for short); various social survey activities conducted by domestic survey institutions with the entrustment or under
the financial aid of organizations, individuals or foreign-related institutions from outside the territory or in other cooperative
ways.

   Article 3 Organizations and individuals from outside the territory, subsidiaries of foreign enterprises and resident representative offices
of foreign enterprises within the territory and resident institutions in China of other foreign organizations shall not, by their
own, conduct social survey activities within the territory of China. Where there is a need to conduct such surveys, they shall be
conducted by domestic institutions with the qualification of conducting foreign-related social survey. Institutions without such
qualification shall not be commissioned for any survey.

   Article 4 Foreign-related social survey shall not duplicate with the State statistical surveys, departmental statistical surveys and local
statistical surveys.

   Article 5 Institutions and personnel conducting foreign-related social survey activities shall not undertake the survey activities in the
name of governmental statistical institutions and governmental statisticians.

   Article 6 No unit or individual shall make use of foreign-related social survey activities to obtain State secrets, prejudice the State security
and interests, damage the public interests and engage in frauds.

No unit or individual shall make use of foreign-related social survey activities to prejudice others interests. With respect to
the information resulted from the foreign-related social survey activities that could lead to the identification of individual respondents,
it is obligatory to keep such information confidentiality.

   Article 7 Statistical institutions of the people s governments at or above the provincial level are the organs in charge of foreign-related
social survey activities and responsible for the administrative work of foreign-related social survey activities. Their main functions
and responsibilities are as follows:

(1) to publicize, carry out and implement relevant policies, laws, regulations and rules regarding foreign-related social survey activities;

(2) to plan, direct, coordinate and promote the development of the sector of foreign-related social surveys, to strengthen the professional
training and education in vocational ethics for practitioners in the sector of foreign-related social surveys;

(3) to be responsible for the qualification identification of foreign-related social survey institutions and the annual verification;

(4) to be responsible for approving foreign-related social survey activities;

(5) to inspect law enforcement of foreign-related social survey institutions, and investigate and deal with the relevant illegal acts
in foreign-related social survey activities according to law; or

(6) other functions and responsibilities provided for by laws or regulations.

   Article 8 Institutions engaging in foreign-related social survey activities shall, upon qualification identification, obtain the License
of Foreign-related Social Surveys. The License of Foreign-related Social Surveys shall be uniformly produced by the statistical institutions
of the people s governments at or above the provincial level, and no unit or individual shall counterfeit it.

Institutions which apply for the qualification to engage in foreign-related social survey activities shall meet the following requirements:

(1) a legal entity established according to law;

(2) social surveys included in the operation or business scope registered in the department of industrial and commercial administration
or department of civil affairs or approved by the department responsible for institution and staffing management;

(3) survey ability adaptable to the foreign-related social survey activities;

(4) strict and sound system of information security; and

(5) the legal representative having been subject to no criminal punishments within five years, and having been subject to no administrative
penalties, or administrative sanctions more serious than dismissal from the post within two years.

Individuals, and institutions whose qualifications of foreign-related social survey activities have not been identified shall not
engage in foreign-related social survey activities.

   Article 9 In applying for the qualification identification of foreign-related social survey activities, the applicant shall submit the following
materials:

(1) an application report;

(2) a form for applying for the qualification to engage in foreign-related social survey activities;

(3) one of the following qualification certificates or approval documents of the legal entity: the Business License of Legal Entity
as Enterprise and its copies, the Registration Certificate of Legal Entity as Association and its copies or approval documents and
its copies of the department of agency and staffing management or relevant departments ;

(4) the resume of legal representatives, evidences presented by the departments of personnel dossier management showing that they
have not been subject to criminal punishments or administrative penalties, the original identity card and its copies; and

(5)other materials required by the qualification identifying organs.

   Article 10 Institutions which have obtained the License of Foreign-related Social Surveys through qualification identification of foreign-related
social survey activities shall, with respect to their qualifications to engage in foreign-related social survey activities and the
state of affairs of foreign-related social survey activities conducted last year, accept an annual verification from the original
qualification identifying organ in March per year.

In dealing with the annual verification, the following materials shall be submitted:

(1) the License of Foreign-related Social Surveys;

(2) an annual verification form of foreign-related social survey activities; and

(3) a report on the state of affairs of the annual verification of foreign-related social survey activities.

Where under special circumstances foreign-related social survey institutions subject to annual verification are not able to accept
an annual verification on schedule, they shall apply for extending the handling period of the verification to the qualification identifying
organ. Whoever has not passed the annual verification, or have not handled it within the prescribed period and have not either applied
for extending the handling period, its License of Foreign-related Social Surveys shall be suspended temporarily or revoked in light
of the seriousness of circumstances.

   Article 11 With respect to the survey institutions whose survey scopes are across the administrative regions of provinces, autonomous regions
and municipalities directly under the Central Government, the National Bureau of Statistics shall be responsible for the identification
of their qualifications to engage in foreign-related social survey activities and the annual verification; with respect to the survey
institutions whose survey scopes are limited within the administrative regions of provinces, autonomous regions and municipalities
directly under the Central Government, the statistical institutions of the people s governments of provinces, autonomous regions
and municipalities directly under the Central Government shall be responsible for the identification of their qualifications to engage
in foreign-related social survey activities and the annual verification.

   Article 12 The conduct of foreign-related social survey activities must be submitted to the statistical institutions of the people s governments
at or above the provincial level for review and approval.

With respect to the surveys with coverage across the administrative regions of provinces, autonomous regions and municipalities directly
under the Central Government, the survey shall be reported to the National Bureau of Statistics for review and approval; With respect
to the scope under survey limited within the administrative regions of provinces, autonomous regions and municipalities directly
under the Central Government, the survey shall be reported to the statistical institutions of the people s government at the provincial
level where the survey will be conducted for review and approval.

   Article 13 In applying for review and approval of foreign-related social survey activities, the following materials shall be submitted:

(1) the License of Foreign-related Social Surveys;

(2) an application for projects of foreign-related social survey;

(3) an survey plan, which includes the purpose, content, scope, time, object, questionnaire form and mode of survey;

(4) a written contract of the entrusted survey; and

(5) other materials whose submission is required by the reviewing and approving organ.

   Article 14 The review and approving organ shall, as of the date of receipt of the application materials, make a decision of review and approval
and issue an Review and Approval Decision of Foreign-related Social Surveys as quick as possible, and generally the period of time
for review and approval shall not exceed 14 days; in case of special circumstances, the period of time for review and approval may
extend another 10 days.

In case of being up to the qualification upon review, an approval shall be given; in case of not being up to the qualification, no
approval shall be given and the reasons therefor shall be given.

   Article 15 Foreign-related social survey activities whose conducting has been consented to upon approval must be conducted according to the
approved survey plan and shall not be arbitrarily changed; if there is a need to make a change, a written application shall be submitted
to the original reviewing and approving organ and apply for review and approval of the part changed. No unit and individual shall
counterfeit an Review and Approval Decision of Foreign-related Social Surveys.

   Article 16 In conducting foreign-related social survey activities upon approval, the following contents shall be indicated in a conspicuous
place in the cover of questionnaires:

(1) the approving organ of this project and the approval document number;

(2) this survey being voluntary.

   Article 17 With respect to the approved foreign-related social survey activities, the relevant institution shall, before providing the survey
materials or relevant results of research to the organizations and individuals from outside the territory as well as the foreign-related
institutions, report to the confidentiality department at the same level as the original reviewing and approving organ for review
and approval, and only upon approval may provide them.

   Article 18 Where institutions and personnel engaged in foreign-related social survey activities conduct the foreign-related social survey activities
in the name of governmental statistical institutions and governmental statisticians, they shall be given a warning by the statistical
institution of the people s government at or above the provincial level.

Where their survey activities are on non-business, a fine of more than 500 yuan but less than 1,000 yuan shall be imposed; where their
survey activities are on business, the illegal gains shall be confiscated if any, and a fine equivalent to one to three times the
illegal gains but not more than 30,000 yuan shall be concurrently imposed, and if there are no illegal gains, a fine of more than
5,000 yuan but less than 10,000 yuan shall be imposed. If a crime is constituted, criminal responsibility shall be investigated according
to law.

   Article 19 Whoever commits one of the following illegal acts shall be dealt with in accordance with the provisions of relevant laws and regulations;
if the circumstances are serious, the License of Foreign-related Social Surveys shall be suspended temporarily or revoked and a proposal
shall be made to relevant department to cancel the legal entity status:

(1) making use of foreign-related social survey activities to obtain State confidentiality, prejudice the State security and interests,
damage the public interests and engage in frauds;

(2) making use of foreign-related social survey activities to prejudice others interests, or without the agreement of the surveyed
unit or individual divulge the single-item surveyed information of the respondent known in the foreign-related social survey activities;
or

(3) counterfeiting the License of Foreign-related Social Surveys or Review and Approval Decision of Foreign-related Social Surveys.

   Article 20 Whoever commits one of the following illegal acts shall be ordered to stop the survey by the statistical institution of the people
s government at or above the provincial level. Where their survey activities are on non-business, a fine of more than 500 yuan but
less than 1,000 yuan shall be imposed; where their survey activities are on business, the illegal gains shall be confiscated if any,
and a fine equivalent to one to three times the illegal gains but not more than 30,000 yuan shall be concurrently imposed, and if
there are no illegal gains, a fine of more than 5000 yuan but less than 10,000 yuan shall be imposed. If the circumstances are serious,
the License of Foreign-related Social Surveys shall be suspended temporarily or revoked. If a crime is constituted, criminal responsibility
shall be investigated according to law:

(1) Whoever engaging in foreign-related social survey activities without the qualification identification or the annual verification;

(2) Whoever engaging in foreign-related social survey activities without approval, or failing to conduct the survey activities according
to the approved survey plan;

(3) in case of foreign-related social survey activities conducted upon approval, failing to indicate the approving organ, the approval
document number and a voluntary survey in a conspicuous place of the cover of the questionnaire.

   Article 21 Domestic survey institutions which without approval and without authorization provide the survey materials and results of research
obtained to the organizations and individuals outside China as well as the foreign-related institutions shall be dealt with according
to the relevant provisions of the State confidentiality department.

   Article 22 The staff of the competent department of foreign-related social survey activities, in performing their functions and responsibilities,
neglecting their duties, abusing their powers, committing illegalities for personal gains or by fraudulent means or illegally divulging
the business confidentiality about the relevant surveyed institutions shall be given administrative sanctions according to law; if
losses are caused, civil liability shall be born; if a crime is constituted, criminal responsibility shall be investigated according
to law.

   Article 23 Only when three full months have passed since the temporary suspension of the License of Foreign-related Social Surveys, may an
application for its return be made. Only when two full years have passed since the revocation of the License of Foreign-related Social
Surveys, may a re-application for the qualification to engage in foreign-related social survey activities be made.

   Article 24 Where an institution conducting foreign-related social survey activities is dissatisfied with the decision or punishment made in
accordance with these Measures by the statistical institution of the people s government of a provinces, an autonomous region or
a municipality under the Central Government or the National Bureau of Statistics, it may apply for reconsideration to the National
Bureau of Statistics according to law, and may also directly bring a lawsuit to the people s court.

   Article 25 Social survey activities involved in the cooperative project between our government and foreign governments as well as international
organizations shall be conducted in accordance with the relevant provisions of the State.

   Article 26 The provisions of these Measures are applicable to the social survey activities conducted in the mainland by the organizations or
individuals of Hong Kong Special Administrative Region, Macao region or Taiwan region.

   Article 27 The National Bureau of Statistics is responsible for the interpretation of these Measures.

   Article 28 These Measures shall take effect as of August 15,1999.

    

National Bureau of Statistics of China





CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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