Facebook
Home Forgery

Forgery

RULES FOR THE IMPLEMENTATION OF HANDLING THE TRANSFER BUSINESS OF NON-CIRCULATION SHARES OF LISTED COMPANIES

Shanghai Stock Exchange, Shenzhen Stock Exchange, China Securities Depository Clearing Corporation

Rules for the Implementation of Handling the Transfer Business of Non-circulation Shares of Listed Companies

Shanghai Stock Exchange, Shenzhen Stock Exchange, and the China Securities Depository Clearing Corporation

January 3rd, 2005

Article 1

For the purpose of regulating the transfer business of non-circulation shares (hereinafter referred to as the shares) of listed companies,
further clarifying the handling procedures, the present rules for the implementation are formulated jointly by the Shanghai Stock
Exchange, Shenzhen Stock Exchange (hereinafter referred to in general as Stock Exchange) and China Securities Depository and Clearing
Corporation Limited (hereinafter referred to as the Clearing Corporation) in accordance with the Rules for Handling the Transfer
Business of Non-circulation Shares of Listed Companies (hereinafter referred to as the Rules).

Article 2

In case a shareholder makes an application for transferring shares to Stock Exchange or disclosing any share transfer information,
he shall inquire the records of shareholding, transferable shares and share alteration first at the Clearing Corporation or any of
its designated agencies. The following documents shall be submitted when making an inquiry:

1.

The application form for inquiry;

2.

The securities account card of the shareholder and its photocopy; and

3.

The effective identity certification documents of the shareholder and the photocopy [(A legal person within the territory shall provide
its business license and its photocopy, (if the legal person has been written off, it shall provide the testimonial of write-off
registration of the former legal person as issued by the license issuing agency and its photocopy), certificate of a legal representative,
the photocopy of the identity testimonial of the legal representative, power of attorney of the legal representative, the effective
identity certification documents of the handler and the photocopy thereof. An overseas legal person shall provide effective certification
documents of business registration, power of attorney of the board of directors or the executive director, the certification documents
indicating that the authorizer has the right to make authorization, the photocopy of the effective identity certification documents
of the authorizer, the effective identity certification documents of the handler and the photocopy thereof. A natural person shall
provide his identity card, a power of attorney and the identity certification of the handler and the photocopy thereof that has been
notarized in case that he entrusts others to handle as his agent. The same below).

The Clearing Corporation shall make formal examination on the aforesaid documents, and issue share certification documents to the
shareholder if the documents accord with the provisions.

Article 3

Where a shareholder plans to transfer shares by way of disclosing any share transfer information or in case the share transfer involves
takeover of listed companies, the shareholder shall file an application for temporary custody on the shares to be transferred while
making the inquiry of shares, and submit the following documents:

1.

The application form for temporary custody of shares;

2.

The securities account card of the shareholder and a photocopy thereof; and

3.

The effective identity certification documents of the shareholder and a photocopy thereof.

The Clearing Corporation shall make formal examination on the aforesaid documents and issue a confirmation document for temporary
custody of shares to the shareholder in case the documents comply with the provisions.

The period of valid term for temporary custody of shares shall not exceed one year.

Article 4

Where the time limit for temporary custody of shares expires, or the registration for share transfer is completed, or the department
of justice takes mandatory enforcement measures on the shares, the temporary custody on the corresponding shares shall be rescinded
automatically.

Except for the circumstances as prescribed in the preceding paragraph, a shareholder shall submit the following documents when filing
the application for rescinding temporary custody on shares:

1.

The application form for rescinding temporary custody on shares;

2.

The certification documents of Stock Exchange for approving the shareholder to withdraw or terminate the disclosure of share transfer
information;

3.

The securities account card of the shareholder and a photocopy thereof;

4.

The effective identity certification documents of the shareholder and a photocopy thereof; and

5.

Other documents as required by the Clearing Corporation.

The Clearing Corporation shall make formal examination on the aforesaid documents and issue a notice on rescinding temporary custody
to the shareholder if the documents accord with the provisions and notify the Stock Exchange.

Article 5

A shareholder shall submit the following documents when filing application for disclosing share transfer information to the Stock
Exchange:

1.

The application form for disclosing share transfer information;

2.

The effective identity certification documents of the shareholder and a photocopy thereof;

3.

The securities account card of the shareholder and a photocopy thereof;

4.

The share certification documents and a confirmation letter for temporary custody on shares as released by the Clearing Corporation;

5.

The archival-filing documents issued by state-owned assets supervision and administration institutions in case any state-owned share
is involved;

6.

Documents made in accordance with Article 13 of the Rules; and

7.

Other documents as required by the Stock Exchange.

The Stock Exchange shall make formal examination on the aforesaid documents and arrange the uniform issuance of the share transfer
information if the documents comply with the provisions.

Article 6

The share transfer information shall be disclosed by the Stock Exchange on their designated websites.

The Stock Exchange shall issue the share transfer information at the last workday of each month. The validity period of the information
shall be determined within one to six months upon the application of the shareholder.

Article 7

A shareholder who proposes to withdraw or terminate the share transfer by way of disclosing share transfer information to the Stock
Exchange shall submit an application for withdrawal or termination.

The Stock Exchange shall make a decision on whether or not to approve the application for withdrawal or termination after making formal
examination on the application.

Article 8

The amount of shares applied or accepted by a shareholder or assignee shall be no lower than 1% of the total capital of a listed company;
in case the shareholder who holds less than 1% of the shares makes an application for assignment, he shall transfer all the shares
he holds to a single assignee once for all.

Article 9

A natural person may accept the shares of a listed company in case he possesses one of the following conditions:

1.

He accepts the shares according to any judicial ruling;

2.

He accepts the shares upon the approval of the authoritative organs; or

3.

He is subject to any other circumstance as prescribed by laws and regulations, which allows him to accept the shares.

Article 10

After concluding a share transfer agreement, both parties to the share transfer shall submit the following documents to the Stock
Exchange when filing an application for confirmation on the share transfer:

1.

Application form for confirmation of share transfer;

2.

The share certification documents issued by the Clearing Corporation or any agency designated by it and covered by the special seal
of the Clearing Corporation for inquiry or accompanied with the special seal of the designated agencies for opening accounts, and
a confirmation letter for temporary custody of shares if necessary;

3.

The original of the share transfer agreement;

4.

The effective identity certification documents of both parties to the share transfer and the photocopy thereof;

5.

The securities account card of both parties to the share transfer and the photocopy thereof; and

6.

In the event of takeover by agreement, the certificate of deposit of takeover capital issued by the clearing bank as designated by
the Clearing Corporation (which shall be based on the payment stipulations of the share transfer agreement);

7.

Where any information disclosure obligation is involved, the public notice on share transfer of this time that has been disclosed
by the fiduciary of information disclosure (including but not limited to the Report on Alteration of Shareholding by Shareholders
of Listed Companies, and the Report of Takeover of Listed Companies);

8.

The following documents shall also be submitted if the shares to be transferred involve the following circumstances:

(1)

Where any share of any promoter is involved, a photocopy of the business license of the listed company accompanied with the seal of
the listed company shall be presented;

(2)

Where any state-owned share is involved, or any state-owned enterprise or any enterprise whose shares are controlled by the state
assigns, accepts or transfers any of the non-state-owned shares of a listed company, the documents of approval of the state-owned
assets supervision and administration institution or the relevant documents for defining the nature shall be presented;

(3)

Where any share transferred by any foreign investor is involved, the documents of approval of the Ministry of Commerce shall be presented;

(4)

Where the alteration of share structure of the shareholders of any listed company in the bank category reaches or exceeds 5% of the
total capital, the documents of approval of the China Banking Regulatory Commission shall be presented;

(5)

Where the alteration of share structure of the shareholders of any listed company in the insurance category reaches or exceeds 10%
of the total capital, the documents of approval of the China Insurance Regulatory Commission shall be presented;

(6)

In the event of takeover of any listed company, the documents of unanimity of the China Securities Regulatory Commission shall be
provided; in case any obligation of takeover offer is touched off, the documents of exemption of offer in takeover or the documents
of unanimity of offer in takeover of the China Securities Regulatory Commission shall also be presented;

(7)

With respect to other share transfer that shall be carried out upon the administrative examination and approval, the documents of
approval of the relevant competent department shall also be presented.

9.

Other documents that shall be submitted as required by the Stock Exchange.

The Stock Exchange shall make formal examination on the documents in the preceding paragraph, and make confirmation on those complying
with the provisions within 3 workdays after receipt of the application.

Article 11

After an application for share transfer is confirmed by the Stock Exchange, both parties of the share transfer shall submit the following
documents besides the documents as prescribed in items (3) through (8) of paragraph one of Article 10 when handling the procedures
of registration of share transfer at the Clearing Corporation:

1.

The application form for transfer registration;

2.

A confirmation letter for share transfer as issued by the Stock Exchange;

3.

The certificate of payment by foreign investors in case the share transfer of foreign investors is involved; and

4.

Other documents as required by the Clearing Corporation.

The Clearing Corporation shall conduct a formal examination on the documents as mentioned in the preceding paragraph, and handle the
procedures of share transfer registration for those complying with the provisions within 3 workdays after accepting the application,
and issue a confirmation letter for transfer registration to the assignee.

Article 12

Where the procedures of share transfer is handled concerning the enforcement of judicial rulings, the department of justice shall
make inquiry on the shares to the Clearing Corporation at first, and then deal with the share transfer confirmation to the Stock
Exchange, and after the Stock Exchange has given confirmation, it shall handle the transfer registration procedures at the Clearing
Corporation.

The department of justice shall submit the following documents when handling the procedures of confirmation of share transfer in judicial
rulings at the Stock Exchange:

1.

Notice and ruling letters in writing for assisting enforcement;

2.

Judgment letter (conciliation document) or order of payment, arbitration award, notarized certificate of creditor’s rights, etc.;

3.

Recommendation letters of the department of justice, certificate of law enforcement or employee’s card of law enforcement personnel;

4.

Certification documents of shares issued by the Clearing Corporation; and

5.

Other documents as required by the Stock Exchange.

The Stock Exchange shall conduct a formal examination on the documents in the preceding paragraph, and make confirmation on those
complying with the provisions within 3 workdays after receipt of the application.

After the share transfer in the judicial rulings has been confirmed by the Stock Exchange, the department of justice shall, when handling
the procedures for transfer registration of shares at the Clearing Corporation, submit the documents as prescribed in items (1) through
(3) of paragraph two of this Article, as well as a confirmation letter of share transfer issued by the Stock Exchange.

The Clearing Corporation shall make formal examination on the aforesaid documents and handle the procedures for transfer registration
of shares on those complying with the provisions within 3 workdays after receipt of the application, and release an acknowledgement
of receipt of service to the department of justice.

Article 13

In case any natural person applies for handling share transfer due to inheritance, donation, property division according to law (for
example, divorce, dividing family property due to separation for living apart, etc.) or any legal person files an application for
handling share transfer due to dissolution, bankruptcy, order to close down according to law or other reasons, the relevant parties
concerned shall make inquiry on the shares to the Clearing Corporation at first, and then file an application for confirmation of
share transfer at the Stock Exchange; after the Stock Exchange has given confirmation, he/she shall handle the procedures for transfer
registration at the Clearing Corporation.

The following documents shall be submitted to the Stock Exchange when handling the share transfer confirmation of the preceding paragraph:

1.

The application form for share transfer confirmation;

2.

The certification documents of shares issued by the Clearing Corporation;

3.

The certification documents of share ascription. If the share transfer is caused by inheritance, donation or property division according
to law (for example, divorce, dividing family property due to separation for living apart, etc.), the documents on the inheritance,
donation or property division that have been notarized shall be provided. In case the share transfer is caused by dissolution, bankruptcy,
or order to close down according to law of the shareholder, and in case there is a liquidation group, the share transfer agreement,
certification documents of the formation of the liquidation group, the certification documents of the person-in-charge of the liquidation
group and the power of attorney of the person-in-charge of the liquidation group, etc., which are issued by the liquidation group
shall be presented; in case there is no liquidation group, the certification documents on the share ascription that have been notarized
(the contents of notarization shall include, but not be limited to, the name of the applicant and the former legal person, number
of business license, the relationship between the applicant and the former legal person, the reasons for share alteration, and ascription
of shares, etc.) or the effective legal documents of the people’s courts shall be provided;

4.

The effective identity certification documents of the relevant parties and a photocopy thereof, the securities account card and a
photocopy thereof; and

5.

Other documents as required by the Stock Exchange.

The Stock Exchange shall make formal examination on the aforesaid documents and make confirmation on the application that complies
with the provisions within 3 workdays after accepting the application.

After the application for share transfer has been confirmed by the Stock Exchange, both parties of the share transfer shall submit
the following documents besides those as prescribed in items (3) and (4) of paragraph two of this Article when handling the procedures
of share transfer registration at the Clearing Corporation:

1.

The application form for transfer registration;

2.

The share transfer confirmation letter issued by the Stock Exchange; and

3.

Other documents as required by the Clearing Corporation.

The Clearing Corporation shall make formal examination on the aforesaid documents, and handle the procedures for share transfer for
those complying with the provisions within 3 workdays after receipt of the application, and issue a confirmation letter for transfer
registration to the assignee.

Article 14

The relevant provisions on handling share transfers by a securities company shall be formulated separately.

Article 15

Charging fees for share transfers shall be carried out in accordance with the relevant provisions.



 
Shanghai Stock Exchange, Shenzhen Stock Exchange, China Securities Depository Clearing Corporation
2005-01-03

 






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

 






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

Disclaimer: There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Facebook
© LAWS.COM NETWORK 2023-2024