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CIRCULAR OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON ADJUSTMENT OF JURISDICTION SCOPE OVER REGISTRATION OF SOME FOREIGN-FUNDED ENTERPRISES

State Administration for Industry and Commerce

Circular of the State Administration for Industry and Commerce on Adjustment of Jurisdiction Scope over Registration of some Foreign-funded
Enterprises

Gong Shang Wai Qi Zi [2005] No. 88

The administration for industry and commerce in all provinces, autonomous regions, municipalities directly under the Central Government,
cities specifically designated in the state plan and deputy-province-level cities:

With a view of further embodying the principles of convenience and efficiency, facilitating the on-site registration of enterprises,
bringing into play the role of the authorized bureaus’ administration of registration, the State Administration for Industry and
Commerce has deliberated and decided to adjust the jurisdiction scope over the registration of some foreign-funded enterprises. The
relevant issues are hereby notified as follows:

1.

The foreign-funded enterprises in the restricted category with the registered capital not more than 6 million USD that originally
are subject to the jurisdiction of registration of the State Administration for Industry and Commerce, shall henceforth be subject
to the jurisdiction of registration of the authorized bureaus where the enterprises are located, of which, the foreign-funded joint
stock company limited shall be subject to the jurisdiction of province-level registration authority.

2.

In the near future, the Foreign-funded Enterprise Registration Bureau under the State Administration for Industry and Commerce will
handle the transfer formalities for the aforesaid enterprises that have been registered. Please relevant registration authorities
cooperatively perform well in transferring the archives.

3.

This Circular shall be implemented as of the date of promulgation. In the case of discrepancy between the former provisions and this
Circular, the latter shall prevail.

4.

This Circular shall be treated as the supplementary provisions for authorization documents of all the authorized bureaus simultaneously.

The State Administration for Industry and Commerce

June 30, 2005



 
State Administration for Industry and Commerce
2005-06-30

 






MEASURES FOR THE ADMINISTRATIVE PROTECTION OF INTERNET COPYRIGHT

the National Copyright Administration, the Ministry of Information Industry

Order of the National Copyright Administration and the Ministry of Information Industry

No. 5

The Measures for the Administrative Protection of Internet Copyright are hereby promulgated and shall come into force as of May 30,
2005.

the director of the National Copyright Administration Shi Yanyuan

the minister of the Ministry of Information Industry Wang Xudong

April 29, 2005

Measures for the Administrative Protection of Internet Copyright

Article 1

With a view to strengthening the administrative protection of the right of communication through information network in Internet information
services and regulating the acts of administrative law enforcement, the present Measures are formulated in accordance with the “Copyright
Law of the People’s Republic of China” and other relevant laws and administrative regulations.

Article 2

The present Measures shall apply to acts of automatically providing such functions as uploading, storing, linking or searching works,
audio or video products or other contents through Internet in Internet information services in light of the instructions of an Internet
content provider without editing, modifying or selecting any stored or transmitted content.

The acts of directly providing Internet contents in Internet information services shall be subject to the administration of the Copyright
Law.

An “Internet content provider” as mentioned in the present Measures shall refer to an Internet user who publishes relevant contents
on Internet.

Article 3

The copyright administration departments at all levels shall, pursuant to the laws, administrative regulations and the present Measures,
carry out administrative protection of the right of communication through information network in Internet information services. The
competent department in charge of information industry under the State Council and the telecommunication administration department
of each province, autonomous region, or municipality directly under the Central Government shall cooperate in relevant work according
to law.

Article 4

The copyright administration department shall, when imposing administrative penalties on the acts infringing upon the right of communication
through information network in Internet information services, apply the “Measures for Imposing Copyright Administrative Penalties”.

Any act infringing upon the right of communication through information network in Internet information services shall be subject to
the jurisdiction of the copyright administration department at the places where the act was conducted. The places where the act was
conducted may include the place where such equipments as the server providing Internet information services listed in Article 2
of the present Measures are located.

Article 5

Where a copyright owner finds any content communicated through Internet infringes upon his/its copyright, and sends a notice to the
Internet information service provider or any other institution entrusted by it (hereinafter uniformly referred to as the “Internet
information service provider”), the Internet information service provider shall immediately take measures to remove the relevant
contents, and keep the copyright owner’s notice for 6 months.

Article 6

The Internet information service provider shall, after the receipt of a copyright owner’s notice, record the content of the provided
information, the publishing time and the Internet address or domain name. And the Internet access service provider shall record the
time of access by the Internet content provider, the user’s name, the Internet address or domain name, the telephone number of the
calling party and etc..

The records as mentioned in the preceding paragraph shall be preserved for 60 days, and shall be provided once inquired about by the
copyright administration department.

Article 7

Where any Internet information service provider removes relevant contents in light of the notice of a copyright owner, the Internet
content provider may send a counter-notice to both the Internet information service provider and the copyright owner, stating that
the removed contents do not infringe upon the copyright. After the counter-notice is sent, the Internet information service provider
may immediately reinstate the removed contents and need not assume administrative legal liabilities for the reinstatement.

Article 8

The notice of a copyright owner shall include the following contents:

(1)

the certification on the ownership of the copyright suspected to be infringed upon by the tortious content;

(2)

the clear identity certification, domicile, and methods for contact;

(3)

the position of the suspected tortious content on the information network;

(4)

the relevant evidences on the infringement upon the copyright; and

(5)

the statement on authenticity of the content in the notice.

Article 9

The counter-notice of an Internet content provider shall include the following contents:

(1)

the clear identity certification, domicile and methods for contact;

(2)

the certification on validity of the removed content;

(3)

the position of the removed content on Internet; and

(4)

the statement on authenticity of the content in the counter-notice.

Article 10

Both the notice of a copyright owner and the counter-notice of an Internet content provider shall be in written form.

Where the notice of a copyright owner or the counter-notice of an Internet content provider does not contain the contents as prescribed
in Article 8 or Article 9 of the present Measures, it shall be deemed as having not been sent out.

Article 11

Where an Internet information service provider clearly knows the tortious act of an Internet content provider infringing upon other’s
copyright through Internet, or, although it does not know it clearly, fails to take measures to remove relevant contents after receipt
of the copyright owner’s notice, and meanwhile damages the social public benefits, the copyright administration department may, according
to Article 47 of the “Copyright Law of the People’s Republic of China”, charge the infringer to stop the tortious act and impose
the following administrative penalties:

(1)

confiscating the illegal proceeds; and

(2)

imposing a fine of not more than 3 times of the illegal business amount; if the illegal business amount is difficult to be calculated,
a fine of not more than 100,000 Yuan may be imposed.

Article 12

Where there is no evidence to prove that an Internet information service provider clearly knows the facts of tort, or the Internet
information service provider has taken measures to remove relevant contents after receipt of the copyright owner’s notice, the Internet
information service provider shall not assume the administrative legal liabilities.

Article 13

When investigating into a case on the act infringing upon the right of communication through information network in Internet information
services, a copyright administration department may, according to Article 12 of the “Measures for Imposing Copyright Administrative
Penalties”, require the copyright owner to submit the indispensable materials, the notice sent to the Internet information service
provider and the certification proving that the Internet information service provider has failed to take measures to remove the relevant
contents.

Article 14

Where an Internet information service provider is under the circumstances prescribed in Article 11 of the present Measures, and is
legally ascertained by the copyright administration department as specially engaging in piracy activities, or is under any other
severe circumstance, the competent department in charge of information industry under the State Council or the telecommunication
administration department of the province, autonomous region, or municipality directly under the Central Government may punish the
Internet information service provider according to relevant laws and administrative regulations. And the Internet access service
provider shall, pursuant to the notice sent by the competent department in charge of information industry under the State Council
or the telecommunication administration department of the province, autonomous region, or municipality directly under the Central
Government, provide cooperation in implementing the corresponding punishment measures.

Article 15

Where an Internet information service provider fails to perform any obligation prescribed in Article 6 of the present Measures, he/it
shall be warned by the competent department in charge of information industry under the State Council or the telecommunication administration
department of the province, autonomous region or municipality directly under the Central Government, and may be fined not more than
30,000 Yuan in addition.

Article 16

Where a copyright administration department, in the process of investigating into a case on the acts infringing upon the right of
communication through information network in Internet information services, finds that an Internet information service provider’s
act is suspected to constitute a crime, it shall transfer the case to the judicial organ in accordance with the “Provisions on Transfer
of Cases of Suspected Crimes by Law Enforcement Administration Organs” promulgated by the State Council, so as to make the Internet
information service provider subject to criminal liabilities according to law.

Article 17

The administrative protection of the rights of performers, producers of audio or video recordings and other right holders related
to copyright who communicate their performance or audio and video products to the public through Internet shall be governed by these
Measures.

Article 18

The power to interpret the present Measures shall be vested in the National Copyright Administration and the Ministry of Information
Industry.

Article 19

The present Measures shall come into force as of May 30, 2005.



 
the National Copyright Administration, the Ministry of Information Industry
2005-04-29

 






OPINIONS OF THE GENERAL OFFICE OF THE STATE COUNCIL ON IMPLEMENTING THE PROMOTION OF FURTHER OPENING-UP OF THE OLD INDUSTRIAL BASES IN NORTHEAST CHINA

General Office of the State Council

Opinions of the General Office of the State Council on Implementing the Promotion of Further Opening-up of the Old Industrial Bases
in Northeast China

Guo Ban Fa [2005] No. 36

All the people’s governments of provinces, autonomous regions and municipalities directly under the central government, all the ministries
and commissions of the State Council and all the organs directly under the State Council,

Further opening-up is an important component of the strategy to revitalize the old industrial bases in Northeast China, and also an
important approach to its realization. In accordance with the “Opinions of the Central Committee of CPC and the State Council on
the Implementation of Revitalization Strategy of the Old Industrial Bases in Northeast China” (Zhong Fa [2003] No. 11) and in consideration
of the actual conditions of Northeast China region, the opinions for implementation of its further opening-up have been approved
by the State council and are hereby presented as follows:

1.

We shall encourage foreign investment to participate in the restructuring and transformation of state-owned enterprises, so as to
accelerate structural and mechanism innovation.

(1)

In accordance with the requirements of carrying out the strategic adjustment in state-owned economy, we shall explore and extend new
modes of utilizing foreign investment, encourage foreign investment to participate in the restructuring and transformation of state-owned
enterprises, promote structural and mechanism innovation, and reinforce the adaptive ability of state-owned enterprises in old industrial
bases to market economy.

(2)

We shall encourage foreign investors, through methods such as merger, shareholding, to participate in the restructuring and transformation
of state-owned enterprises. The taxes owed by the enterprises which are historical accumulations and have become really uncollectible
can be exempted with the approval of the State Council in accordance with specific regulations. We shall encourage qualified foreign-invested
stockholding companies to go public in the capital markets in China and overseas.

(3)

We shall actively explore the effective ways to vitalize state-owned assets. We shall permit foreign-invested enterprises to purchase
the bad creditor’s rights and shareholder’s rights from financial property management companies and to reshuffle and dispose of their
properties in accordance with relevant laws.

(4)

We shall continue to improve the social security environment for the development of foreign-invested enterprises. Foreign investors,
after their merger of state-owned enterprises, shall deal with the issues such as labor relations, laying off employees for economic
reasons and social security in compliance with current laws, regulations and rules and the principle of national treatment.

(5)

We shall further regulate and promote the merger and reshuffle of domestic enterprises by foreign investors. We shall establish a
healthy property right exchange mechanism in Northeast China, so as to create a convenient and normative environment to facilitate
foreign investors in their investment through modes like merger and shareholding. Merger of state-owned enterprises by foreign investors
shall be subject to asset assessment carried out in compliance with the relevant Chinese laws and policies, and the price of asset
exchange shall be determined by the results of asset assessment recorded in or approved by relevant departments or bureaus.

2.

We shall strengthen the policy guidance to push forward the technological advancement of key industries and enterprises.

(6)

We shall, on the present basis, bringing into full play of comparative advantages and aiming at the improved overall quality and core
competitiveness, actively introduce foreign investment to accelerate the technological advancement of key industries and enterprises,
enhance the assimilation and absorption of introduced technologies, improve self-driven innovation capabilities and boost industrial
upgradation.

(7)

We shall support foreign investment in key industries and enterprises. We shall actively guide foreign investment to national key
industries, such as modern agriculture, equipment manufacturing, chemistry, hi-tech industry and agricultural products processing
and accelerate development in supporting industries, so as to build modern industrial bases with stronger competitiveness. The state
government will give preferential treatment to Northeast China in the distribution and arrangement of key projects in the above-said
industries and give policy-based loan for the introduction of important key technologies and equipments, with reduced percentage
of capital funds as approved for key projects. Foreign investment in key projects which have been approved by the State to build
with T-bonds can have the approved discount government loans, subsidies and reduced amount of capital funds of the original projects,
and can increase their stockholding rights transferred from Chinese state-owned enterprises upon approval.

(8)

We shall extend the application of the Catalog of Priority Industry for Foreign Investments. The application of “Catalog of Priority
Industry for Foreign Investments in Central and Western Areas” is extended to Liaoning Province (Jilin and Helongjiang have already
been included). Any foreign investment projects in Northeast China which are in conformity with the Catalog are eligible for the
preferential policy in import taxes for the category of encouraged foreign investment.

(9)

We shall encourage foreign investment in hi-tech industries and R&D centers. We encourage multinational corporations, in the form
of sole investment or joint venture with local enterprises, science and research institutions or higher education institutions, to
establish R&D centers in Northeast China. In addition to eligibility for the preferential policies stipulated in the “Notice of the
State Council Concerning the Adjustment in the Taxation Policy of Import Equipment” (Guo Fa [1997] No. 37) and “Notice of the General
Office of the State Council forwarding the Opinions of the Ministry of the Foreign Economic and Trade Concerning the Further Encouragement
of Foreign Investment” (Guo Ban Fa [1999] No. 73), approved foreign-invested enterprises’ technological centers are also eligible
for exemption of import duties and import value-added taxes in accordance with current regulations for the self-use consumptive materials,
reagents, sample equipments, sample products which are not available in China.

(10)

We shall encourage foreign investments in continual industry and substitutive industry. The State will, through priority arrangements
in the distribution of productivity of key projects, encourage and guide foreign investment to the deep processing and continual
industry projects in the resources-exhausted cities of Northeast China, and also bring into full play and make comprehensive use
of existing resources, talents and productive capacities, so as to push forward the transition of these cities.

3.

We shall further extend the areas of opening-up and exert efforts to improve the level of development of the service industry.

(11)

We shall adapt ourselves to the needs of the new situations in the opening-up process, of the development of advantageous industries
in old industrial bases, of the change in the functions of cities and of the promotion of employment, and at the same time actively
introduce foreign investment to upgrade the traditional service industry and focus on developing modern service industry, in order
to push forward the opening-up in the sector of service industry.

(12)

We shall encourage foreign investment in the construction of urban public facilities. Under the condition of the establishment by
city governments of an effective supervising mechanism and the guarantee of public interest and security, the restriction on the
shareholding percentage of foreign investment can be lessened in the construction and operation of gas, heating and water supply
and drainage network. Foreign investor can become the controlling party when approved.

(13)

We shall extend the opening-up of the financial service industry. In accordance with the commitment to WTO in opening up financial
service sector, we shall further extend the opening-up of banking industry and accelerate the development of financial services in
securities, futures and insurance. Priority permits will be granted to sub-branches and operations by foreign banks in Northeast
China. Foreign financial organizations are encouraged to join stock in local city commercial banks and participate in the restructuring
and reshuffle of rural credit cooperatives. Foreign insurance companies, which have advantage in areas such as supplementary pension
and agricultural insurance, are encouraged to begin their operations in Northeast China. Priority permits are also granted to joint
venture securities companies, securities investment and fund management companies, insurance brokers companies and foreign insurance
companies which operate in Northeast China.

(14)

We shall encourage foreign investment in transportation industry. The shareholding percentage of foreign investment, in operations
such as in railway passenger and cargo transportation, cross-border and within-border road transportation, regular or irregular international
freight and international multimodal container transportation, can be raised upon approval. Foreign investment is also encouraged
in air transportation and general aviation.

(15)

We shall extend the pilot scope of foreign-invested logistics enterprises. It can be extended to the provinces of Liaoning, Jilin
and Heilongjiang.

4.

We shall bring into full play the regional advantages to promote the healthy development of regional economic cooperation.

(16)

We shall, by taking advantage of the geographic position of Northeast China region and implementing the “going global” strategy, deepen
the cooperation and development with bordering states in energy sources, raw materials and mineral resources. We shall actively engage
in regional economic cooperation, explore international market, bring along the export of commodities, technologies and labor. We
shall continue to render support to Northeast region in their building of the platform of cooperation with bordering states in international
trade, investment, science and technology and tourism.

(17)

We shall give more impetus to the frontier trade development in Northeast China. We shall study and develop policies conducive to
the development of frontier trade, simplifying procedures in aspects such as export tax rebate, administration of import and export
commodities and personnel exchanges, while strengthening the administration. We shall improve and extend the use of Renminbi in frontier
trade settlement, so as to facilitate trade and investment. A pilot plan is to be carried out in Northeast China for export tax rebate
in Renminbi for small amount export trade.

(18)

We shall strengthen the economic and technological cooperation with Northeastern Asian region to push forward the development and
opening-up of frontier region. We shall continue to expand the international cooperation and development of Tumenjiang area, actively
exploring new modes of development and development and opening-up in frontier region. We shall accelerate the construction of frontier
economic cooperation zone, frontier trade zone and export processing zone, enabling Heihe, Suifenghe (Dongning), Huichun and Dandong
to become areas that assume the functions of logistics, trade, import and export processing and international trade and tourism.

(19)

We shall encourage investment and development abroad in the forms of joint venture, cooperation and merger. We shall, through further
studying relevant policies and improving the policy supporting system, increase the support in the subsidies to the initial cost
of overseas key development projects by enterprises in Northeast China and discount loans to them, and make priority arrangements
for the import of their products.

(20)

We shall encourage qualified enterprises to participate in international tender and contracting international cooperation projects.
For the manufacturing and processing projects and technological cooperation projects in overseas construction contract and overseas
investment that can bring along export of equipment and labor, the current supportive measures, such as discount loans, loans on
favorable terms and the market expansion cost in terms of overseas exhibition and advertisement, will be further strengthened and
expanded.

(21)

We shall accelerate the development of Dalian as an international shipping center in Northeaster Asia. We shall lay more emphasis
on the construction of port facilities and further open up Dalian port, so as to enhance its capacity in absorbing foreign investment
and assembling basic shipping elements. We shall expand the scope of the pilot plan of interaction between free trade zone and port.
We shall render policy support and give priority examination and approval to foreign-invested large scale port projects, near-port
industry in encouraged category, and logistics projects.

5.

We shall create a favorable development environment to safeguard an accelerated opening-up.

(22)

We shall make efforts to utilize more international loans on favorable terms in adding to infrastructure construction and development
in social undertakings such as environmental protection, education and public health. We shall continue to shift the government functions
and improve service awareness and service standard, so as to provide convenient favorable environment for foreign-invested enterprises
in carrying out their business activities.

(23)

We shall further improve the development level of existing development zones. We shall push forward the construction of innovation
system in Northeast region, characterized by self-driven innovation under the circumstance of opening-up, in Northeast region in
order to improve the capability of self-driven innovation of existing development zones. When their approved panning areas have been
fully utilized, the national level development zones and the provincial development zones that have good potential of development,
distinctive industrial features and are of high driving power can, in accordance with the requirements of improvement and rectification
of land market, determine on a reasonable land-use scale after going through required procedures. Northeast region is encouraged
to draw upon successful experiences of other regions to build new-type industrial parks and modern manufacturing bases in cooperation
with the EU and its members or other developed countries on the basis of existing development zones with good infrastructure.

(24)

We shall push forward the construction of infrastructural facilities. The State government will put more in the capital investment
of the infrastructural facilities of harbors, frontier ports, bridges, frontier cities and frontier farms, accelerating the construction
of railway passage project in east part of Northeast China and the integrated construction of road, harbor and port with Russia and
the road, harbor and trade zone with DPRK, so as to push forward the implementation of cooperation projects aboard. The State government
will, in carrying out its plan of international aid, make priority arrangements for the construction projects of infrastructural
facilities such as transportation, harbors and airports linking frontier ports in Northeast region.

(25)

We shall encourage foreign investors to establish joint venture vocational training institutions. In accordance with the “Regulations
of the People’s Republic of China on Chinese-Foreign Cooperation in Running Schools”, foreign investors are encouraged to cooperate
with Chinese higher education and vocational education institutions in establishing advanced vocational education institution for
training various vocational professional talents and international business personnel. In such an activity, they are eligible for
the same treatment given to other Chinese vocational education institutions, except stipulated otherwise in other laws and regulations.
In the meantime, other departments and bureaus concerned shall actively study the preferential tax policy concerning the exemption
of import tax on their import of articles for purpose of research and education. Any experiment and training bases that are qualified
to receive financial support from the central government are eligible for unified supportive policies.

(26)

We shall encourage the Northeast region to introduce talented people from overseas and to make avail of studying abroad programs to
foster the most-wanted talents for Northeast region. We shall increase the fund allocation to Northeast region for the recruitment
of foreign experts and sending personnel abroad for training, and support qualified departments and units in conducting extensive
international talent exchange and cooperation. We shall, by actively applying and availing the World Bank loans and other international
cooperation programs and introducing high-quality educational resources, push forward the Sino-foreign cooperation in running schools
and boost the development of education in Northwest China.

(27)

We shall establish a healthy service system for the introduction of foreign investment by small and medium-sized enterprises. Foreign
investors are encouraged to establish guarantee agencies in the form of Sino-foreign joint venture, aiming pertinently at providing
for small and medium-sized enterprises services such as financing guarantee, information consultancy and legal assistance.

(28)

We shall attach great importance to the organization and implementation of extension of opening-up. The extension of opening-up in
Northeast China is a systematic undertaking as well as a long-term task, of which great importance should be attached in terms of
the leadership and implementation. All relevant departments of the State Council and the People’s Governments of the three provinces
in Northeast China shall formulate detailed rules for implementation in accordance with these implementary opinions. The Office of
the Leading Group for Revitalizing Northeast China and Other Old Industrial Bases shall establish an effective coordination mechanism
with relevant departments of the State Council and the three provinces in Northeast China, in an endeavor to bring about the actual
implementation of all policies through consolidated coordination.

(29)

The above-said policies are also applicable to enterprises from the regions of Hong Kong, Macau and Taiwan, other economic organizations
and individuals participating in the revitalization of old industrial bases in Northeast China.



 
General Office of the State Council
2005-06-30

 






MINISTRY OF COMMERCE AND GENERAL ADMINISTRATION OF CUSTOMS ANNOUNCEMENT ON PUBLICIZING FORBIDDEN COMMODITY CATALOGUE OF PROCESSING TRADE




Ministry of Commerce, General Administration of Customs

Ministry of Commerce and General Administration of Customs Announcement on Publicizing Forbidden Commodity Catalogue of Processing
Trade

[2005] No.26

In accordance with Foreign Trade Law of the PRC, Customs Law of the PRC and relevant requirement on national macro-control and industry
development policies, products like iron ore, pig iron, scrap steel, billet, steel ingot, rare-earth raw ore and rock phosphate in
powder are decided to be listed in Forbidden Commodity Catalogue of Processing Trade (see Appendix for details).

This announcement takes effect as of May 19, 2005. Processing trade operation of the above-mentioned products, which are examined
and approved by commercial departments and put on records by Customs, shall be conducted in line with current Processing Trade Policy
till July 31, 2005. Since August 1, 2005, imported materials and exported finished products shall be regulated as ordinary trade
cases, and Record Number on Import and Export Declaration Form shall not be filled in with Processing Trade Manual Number. For the
imported bonded materials with no cancellation after verification before August 1, 2005, Processing Trade Manual Number shall be
filled in Remark Form of Export Declaration Form. The duration of Processing Trade Manual with expiry date later than May 19, 2005
shall not be prolonged.

This Announcement also takes effect in bonded zones, export processing areas and other areas with special supervision of the Customs.

It is hereby notified.

Appendix: Forbidden Commodity Catalogue of Processing Trade

Ministry of Commerce of the People’s Republic of China

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

April 29, 2005 htm/e04044.htmAppendix

￿￿

￿￿

Appendix:

Forbidden Commodity Catalogue of Processing Trade

￿￿




2601110000

Unsintered iron sand and its concentrate

2601120000

Sinter-roasting iron sand and its concentrate

2601200000

roasted pyrite

7201100000

non alloy pig iron, phosphorus content is no more than 0.5% ,calculated by weight

7201200000

non alloy pig iron, phosphorus content is no less than 0.5%, calculated by weight

7201500010

alloy pig iron

7201500090

spiegel

7204100000

casting pig waste crushed aggregates

7204210000

stainless steel waste crushed aggregates

7204290000

other alloy steels waste crushed aggregates

7204300000

tin-coated steel waste crushed aggregates

7204410000

wastes left by mechanism processing

7204490090

unpost_titled steel waste crushed aggregates

7204500000

crushed iron ingot for remelting

7205100000

pig iron, spiegel and steel particles

7205210000

alloyed steel powder

7205290000

pig iron, spiegel and other steel powder

7206100000

iron ingot and non-alloy steel ingot

7206900000

iron and non-alloy steel in other primary forms

7207110000

rectangle section billet with width 2 times thinner than thickness

7207120000

other rectangle section billet (exclude squres)

7207190000

semi-finished goods of iron and non-alloy steel, with carbon content is no more than 0.25% ,calculated by weight

7207200000

semi-finished goods of iron and non-alloy steel, with carbon content is no less than 0.25% ,calculated by weight

7218100000

stainless steel ingot and other stainless steel products in primary forms

 
General Office of the Ministry of Labor and Social Security
2005-07-04

 



DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON IMPROVING THE SYSTEM OF PEOPLE’S ASSESSORS

Decision of the Standing Committee of the National People’s Congress on Improving the System of People’s Assessors

(Adopted at the 11th Meeting of the Standing Committee of the Tenth National People’s Congress on August 28, 2004) 

The following Decision is made in order to improve the system of people’s assessors, ensure citizens to participate in judicial activities
according to law and promote judicial justice:  

Article 1 People’s assessors shall be appointed in accordance with this Decision, they shall participate in judicial activities of
the people’s courts according to law and enjoy equal rights with the judges, except that they cannot serve as presiding judges. 

Article 2 The trial of the following cases of first instance by the people’s courts shall be conducted by a collegial panel composed
of people’s assessors and judges, with the exception of the trial of cases to which the summary procedure is applicable and cases
otherwise provided for by law: 

(1) criminal, civil and administrative cases which have a relatively greater bearing on the society; and 

(2) cases where the defendants of criminal cases, the plaintiffs or defendants of civil cases, and the plaintiffs of administrative
cases apply for the conduct of the trial by a collegial panel with the participation of people’s assessors. 

Article 3 When a case is to be tried by a collegial panel composed of people’s assessors and judges, the number of people’s assessors
in the collegial panel shall be not less than one-third of the total number of the persons in the panel. 

Article 4 A citizen serving as a people’s assessor shall meet the following requirements: 

(1) supporting the Constitution of the People’s Republic of China; 

(2) having reached the age of 23 years old; 

(3) being of good conduct, and being impartial and upright; and 

(4) being in good health. 

A people’s assessor shall generally be a graduate from a university or college at least. 

Article 5 No one from the standing committee of a people’s congress, a people’s court, a people’s procuratorate, a public security
organ, a State security organ or a judicial administration organ and no practicing lawyer shall serve as a people’s assessor. 

Article 6 None of the following persons shall serve as a people’s assessor: 

(1) persons who have been subjected to criminal punishment for criminal offences; and 

(2) persons who have been discharged from public employment. 

Article 7 As to the number of people’s assessors, a basic people’s court shall, in light of the need for the trial of a case, advance
a request to the standing committee of the people’s congress at the same level for decision. 

Article 8 A citizen who meets the requirements for a people’s assessor may be recommended to the basic people’s court by the unit
to which he belongs or by the grass-roots organization at the place where his permanent residence is registered, or the citizen himself
may make an application for the matter, and upon examination made by the basic people’s court together with the judicial administration
organ of the people’s government at the same level, the president of the basic people’s court shall put forth the name of the person
selected for people’s assessor to the standing committee of the people’s congress at the same level for appointment. 

Article 9 The term of office for people’s assessors shall be five years. 

Article 10 It is the right and obligation of people’s assessors to participate in judicial activities according to law. The participation
of the people’s assessors in judicial activities according to law shall be protected by law. 

People’s courts shall, in accordance with law, ensure that the people’s assessors participate in judicial activities. 

The units to which the people’s assessors belong or the grass-roots organizations at the place where their permanent residences are
registered shall ensure that the people’s assessors participate in judicial activities according to law. 

Article 11 When participating in the trial of cases as members of a collegial panel, people’s assessors shall independently exercise
their right to vote as the establishment of facts and the application of law. 

The principle of the minority being subordinate to the majority shall be practiced in the deliberation of cases by a collegial panel.
Where people’s assessors have differences of opinion with other component members of the collegial panel, such differences shall
be put down in writing; and if necessary, the people’s assessors may request the collegial panel to submit the case to the president
of the people’s court for decision as to whether to deliver the case to the judicial committee for discussion and decision. 

Article 12 Withdraw shall be made by a people’s assessor mutatis mutandis pursuant to the provisions of laws on the withdrawal of
judges. 

Article 13 When participating in judicial activities, people’s assessors shall abide by the provisions on the duties performed by
judges, keep judicial secrets, pay attention to judicial protocol and preserve judicial image. 

Article 14 Where, according to law, the trial of a case by a basic People’s court need to be conducted by a collegial panel with
the participation of people’s assessors, such people’s assessors shall be decided on by random selection from their name list. 

Where, according to law, the trial of a case by an intermediate people’s court or a higher people’s court need to be conducted by
a collegial panel with the participation of people’s assessors, such people’s assessors shall be decided on by random selection from
the name list of the people’s assessors of the basic people’s court in the city where the intermediate or higher People’s court is
located. 

Article 15 Basic People’s courts shall, together with the judicial administration organs of the people’s governments at the same
level, conduct training among the people’s assessors in order to enhance the qualification of the people’s assessors. 

Article 16 People’s assessors who have achieved significant successes or other outstanding deeds in their judicial work shall be
commended and rewarded. 

Article 17 Where a people’s assessor is in any one of the following circumstances, which is proved to be true through investigation
by the primary people’s court, to which he belongs, together with the judicial administration organ of the people’s government at
the same level, the president of the primary people’s court shall request the standing committee of the people’s congress at the
same level that the people’s assessor is dismissed from service: 

(1) he himself applies for resignation from the service; 

(2) he refuses to participate in judicial activities without justifiable reasons, thus adversely affecting the normal process of
the judicial work; 

(3) he is in one of the circumstances as specified in Articles 5 and 6 of this Decision; and 

(4) in violation of laws and regulations on judicial work, he resorts to malpractices for personal gains, thus leading to an erroneous
judgment or other serious consequences. 

If a people’s assessor commits the act as specified in Subparagraph (4) of the preceding paragraph, which constitutes a crime, he
shall be investigated for criminal responsibility according to law.  

Article 18 With respect to the expenses paid for their transportation and meals by people’s assessors in order to participate in
judicial activities, the people’s courts shall give subsidies. 

During the period when the people’s assessors who have work units participate in judicial activities, the units to which they belong
shall not withhold or withhold in disguised form, their wages, bonuses and other welfare benefits. 

During the period when the people’s assessors who do not have fixed incomes participate in judicial activities, the people’s courts
shall give them subsidies on the basis of the number of their actual working days and, mutatis mutmandis, in accordance with the
average monetary wage level of the local workers and staff members in the previous fiscal year. 

Article 19 The subsidies, which the people’s assessors are enpost_titled to for their participation in judicial activities, and the expenses,
which are entailed for implementation of the system of people’s assessors by the people’s courts and the judicial administration
organs, shall be incorporated into the operational expenditures of the people’s courts and the judicial administrative organs, and
the governments at the corresponding level shall guarantee such expenditures. 

Article 20 This Decision shall go into effect as of May 1, 2005.

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



RULES FOR INFORMATION DISCLOSURE OF ASSET-BACKED SECURITIES

the People’s Bank of China

Announcement of the People’s Bank of China

No. 14

For the purpose of regulating the information disclosure conduct of asset-backed securities, maintaining the lawful rights and interests
of investors, ensuring the smooth operation of pilot asset-backed securities, and promoting the smooth development of inter-bank
bond market, the People’s Bank of China has formulated the Rules for Information Disclosure of Asset-backed Securities, which are
hereby promulgated and shall come into force as of the date of promulgation.

People’s Bank of China

June 13, 2005

Rules for Information Disclosure of Asset-backed Securities

Article 1

The present Rules are formulated according to the Administrative Measures for the Credit Assets Securitization (Announcement No. 7
[2005] of the People’s Bank of China) and other relevant provisions for the purpose of regulating the information disclosure conduct
of asset-backed securities, maintaining the lawful rights and interests of investors, and promoting the development of the bond market.
.

Article 2

The information disclosure by an entrusted institution of asset-backed securities (hereinafter referred to as the entrusted institution)
shall be conducted through the China Money Network, China Bond Information Network and other ways as prescribed by the People’s Bank
of China.

Article 3

The entrusted institution shall ensure that the information disclosure is authentic, accurate and complete, and may not have any
false record, misleading statement or significant omission.

The institution that initiate the asset-backed securities and the institution that accepts the entrust by the entrusted institution
to provide the services for securitization shall timely report the relevant information to the entrusted institution according
to agreement on the entrust contract and service contract, and ensure that the information provided is authentic, accurate and complete.

Article 4

The entrusted institution, the institution that provides the services for securitization, the National Inter-bank Funding Center (hereinafter
referred to as the Funding Center), the China Government Securities Depository Trust & Clearing Co., Ltd. (hereinafter referred to
as the CGSDTC) and any other insider may not divulge the information to be disclosed prior to the information disclosure.

Article 5

The entrusted institution shall disclose the instructions for the issuance, rating report, measures for collection and a name list
of the members of the selling group to the investors on the fifth working day prior to the issuance of asset-backed securities.

As to those that issue asset-backed securities by installments, the information disclosure of the first installment shall be conducted
according to the relevant prescriptions of Paragraph 1 of this Article; and from the second installment and onwards, the entrusted
institution shall only disclose the supplementary instructions for the issuance on the fifth working day prior to the issuance of
asset-backed securities of each installment.

Article 6

The entrusted institution shall explain the pay off sequence and investment risk in the instructions for asset-backed securities,
and give the investors the following points of attention at an eye-catching place: “The investors that purchase the asset-backed
securities shall cautiously read this document and the relevant information disclosure documents and shall carry out an independent
investment judgment. The examination and approval of the issuance of securities of this installment by the competent department does
not mean any appraisal is made on the investment value of securities of this installment or any judgment is made on the investment
risk of securities of this installment.”

Article 7

The entrusted institution shall announce the information about the issuance of asset-backed securities on the day or the next working
day when the issuance of asset-backed securities of each installment is completed.

Article 8

During the existing period of asset-backed securities, the entrusted institution shall announce a report of the entrusted institution
(the formulation requirements are attached at the end) three working days prior to the encashment date of the principal and interest
of asset-backed securities of each installment, which shall reflect the situation of the asset pool corresponding to the current
installment of asset-backed securities and the information on the encashment of the principal and interest corresponding to the asset-backed
securities of each class; the entrusted institution shall announce the report of` the entrusted institution of the previous year
as audited by registered accountants prior to April 30 each year.

Article 9

The entrusted institution shall make stipulations with the credit rating institution on the relevant arrangement of follow-up rating
of asset-backed securities, and shall disclose the follow-up rating report of the previous year to the investors prior to July 31
each year during the existing period of asset-backed securities.

Article 10

When a general assembly of asset-backed securities holders is to be held, the convener shall announce the time, place, forms of the
meeting, issues to be deliberated, discussing procedures, and the voting way of the general assembly of holders of asset-backed securities
at leas 30 days in advance, and disclose the resolution of the general assembly within ten days after the conclusion of the general
assembly.

Article 11

In case a temporary significant event occurs that may have a substantial effect on the investment value of asset-backed securities,
the entrusted institution shall submit the information disclosure materials to the Funding Center and the CGSDTC within three working
days upon occurrence of the said event, and report it to the People’s Bank of China.

The significant i event as mentioned in this Article include but not limited to:

(1)

Events that will affect the interests of investors have happened or are going to happen, for example, the entrusted institution cannot
pay the principal and interest of asset-backed securities on schedule;

(2)

Illegal, irregular or defaulting events that will affect the investment value of asset-backed securities have occurred to the entrusted
institution and the securitization service institution;

(3)

The subject of the third-party guarantor for the asset-backed securities is changed;

(4)

The credit rating of the asset-backed securities is changed;

(5)

Other events that need to be announced according to the trust contract;

(6)

Other events as prescribed by the supervision departments like the People’s Bank of China and the China Banking Regulatory Commission
that need to be announced; and

(7)

Other events as prescribed by laws and administrative regulations that need to be announced.

Article 12

The Funding Center and the CGSDTC shall announce the relevant documents not later than the next working day upon receipt of the information
disclosure documents.

Article 13

Except suitable for these Rules, the information disclosure of asset-backed securities shall also be suitable for the Measures
for Administration of Bond Trading in the National Inter-bank Bond Market (Order No. 2 [2000] of the People’s Bank of China), the
Measures for Administration of the Issuance of Financial Bonds in the National Inter-bank Bond Market (Order No.1 [2005] of the People’s
Bank of China) , the Rules for Examination and Approval of Bond Trading and Circulation in the National Inter-bank Bond Market (Announcement
No. 19 [2004] of the People’s Bank of China) and other relevant provisions.

Article 14

The power to interpret these Rules shall remain with the People’s Bank of China.

Article 15

These Rules shall come into force as of the date of promulgation.

Attachment:Requirements for the Formulation of Reports of the Entrusted Institution

I.

Name and address of the entrusted institution and securitization service institution.

II.

The information on the encashment of principal and interest of securities of each class, which includes the amount of principal at
the time of pooling the securities of each class, the amount of principal at the beginning and end of current installment, par interest
rate of securities, information on the payment of principal and interest of current installment, the information on the late payment
of interests of current installment, the information on the loss of the principal of current installment and the rating conditions,
etc..

III.

The explanations for the statistical characters of the asset pool of current installment, which include the balance of loans, amount
of loans, weighted average interest rate of loans and weighted averaged remaining period, etc..

IV.

The explanations for the separate listing of detailed items of the principal of the asset pool of current installment (including the
normal amount of returns of the principal, the amount of the principal settled in advance, the amount of the principal partly paid
in advance, the amount of the principal as disposed and reclaimed and the amount of the principal of repurchased loans) and the explanations
for the separate listing of detailed items of interests (including the taxes and expenses).

V.

The information on the advanced payment, delay, default, treatment, treatment and reclaiming as well as losses of the asset pool.

VI.

The explanations for the internal and external credit rating as raised.

VII.

The information on the credit assets of the asset pool that is subject to the legal procedure, and the progress of legal procedure.

VIII.

The information on the total amount of investment incomes or losses from the approved investment according to the entrust contract.

IX.

Any other explanations.



 
the People’s Bank of China
2005-06-13

 






PROVISIONS FOR THE ADMINISTRATION OF FORWARD TRANSACTIONS OF BONDS IN THE NATIONAL INTER-BANK BOND MARKET

the People’s Bank of China

Announcement of the People’s Bank of China

No. 9

With a view to promoting the development of bond market in China, regulating the forward transactions of bonds, preventing market
risks and protecting the legitimate rights and interests of the market participants, the Provisions for the Administration of Forward
Transactions of Bonds in the National Inter-bank Bond Market, which has been formulated by the People’s Bank of China, are promulgated
here.

The People’s Bank of China

May 11, 2005

Provisions for the Administration of Forward Transactions of Bonds in the National Inter-bank Bond Market

Article 1

With a view to regulating the forward transactions of bonds, protecting the legitimate rights and interests of the market participants
and promoting the development of bond market, the People’s Bank of China has formulated the present Provisions according to the Law
of the People’s Republic of China on the People’s Bank of China and other relevant laws and administrative regulations.

Article 2

The “forward transaction of bonds” as mentioned in the present Provisions refers to the act that both parties of a transaction agree,
on a certain day in the future, to buy and sell the subject matter bonds at the promised price and amount by them.

Article 3

The subject matter bonds for forward transactions shall be the central government bonds, central bank bonds, financial bonds and other
types of bonds issued upon the approval of the People’s Bank of China, which have been traded as existing bonds in the National Inter-bank
Bond Market.

Article 4

The forward transactions shall follow the principles of openness, impartiality and fairness.

Article 5

The market participants of forward transactions shall be institution investors in the National Inter-bank Bond Market.

Article 6

When undertaking forward transactions, a market participant shall establish a sound internal management system and a risk prevention
mechanism, and shall take effective measures to monitor and control the risks of forward transactions.

The market participant shall, before carrying out the business of forward transactions, submit its internal management measures for
forward transactions to the relevant supervisory department, and simultaneously send a copy separately to the National Inter-bank
Funding Center (hereinafter referred to as the NIFC) and the China Government Securities Depository Trust & Clearing Co. Ltd. (hereinafter
referred to as the CGSDTC Co. Ltd).

Article 7

When undertaking forward transactions, the market participants shall enter into primary agreements on the forward transactions.

Article 8

The market participants shall undertake forward transactions through the transaction system of the NIFC, and shall conclude a written
contract on every transaction. Such a written contract shall be the certificate of transaction generated by the transaction system
of NIFC. Both parties to a transaction may conclude a supplementary contract, when they believe it necessary.

The primary forward transaction agreement, the certificate of transaction generated by the transaction system of NIFC and the supplementary
contract shall constitute a complete forward transaction contract.

Article 9

The lawfully concluded forward transaction contract shall have legal binding force on both parties to the transaction. Neither of
the parties may change or cancel the contract.

Article 10

Both parties to a forward transaction may, through negotiation on the basis of their respective credit standing, establish a mechanism
to ensure the implementation of the contract.

Article 11

The time limit for the forward transaction from the trade day to the settlement day (including the trade day, excluding the settlement
day) shall be determined by both parties of the transaction, which shall not exceed 365 days.

Article 12

The forward transactions shall be carried out at a clean price and settled at a full price.

Article 13

Both parties to a forward transaction shall, on the trading day or its next working day, send the settlement instructions and supporting
instructions to the CGSDTC Co. Ltd

Article 14

When a forward transaction is mature, the settlement of fund and bonds shall be made actually.

Article 15

The total balance of the selling and purchase of a single bond during a forward transaction by any market participant (a single fund,
if a fund management company uses the property under the fund to conduct forward transactions) shall not exceed 20 % of the circulating
amount of the bond, and the total balance of sale in a forward transaction shall not exceed 200 % of the total balance of its own
available bonds.

Article 16

The total balance of purchase of a single bond in a forward transaction by a market participant shall not exceed 100 % of the net
value of its assets under the fund. The total balance of the net purchase of a branch within China of a foreign-funded financial
institution in the forward transactions shall not exceed 100% of its RMB operating funds. And the total balance of the net purchase
of any other institution in forward transactions shall not exceed 100% of its actually contributed capital or net assets.

Article 17

No market participant may manipulate the prices of forward transactions of subject matter bonds by any means, or manipulate the prices
of the existing bonds of subject matter bonds through forward transactions.

Article 18

The NIFC and the CGSDTC Co. Ltd shall, in light of the requirements and authorization of the People’s Bank of China, timely uncover
the relevant information on forward transactions and settlement to the market, and may not disclose any non-public information or
mislead the market participants.

Article 19

The NIFC shall be responsible for the routine supervision and control on forward transactions. The CGSDTC Co. Ltd shall be responsible
for the routine supervision and control on settlement of forward transactions. If the NIFC or the CGSDTC Co. Ltd finds out any abnormal
transaction or settlement, it shall initiate the corresponding emergency mechanism and report the relevant information to the People’s
Bank of China.

Article 20

In accordance with the present Provisions, the NIFC shall formulate forward transaction rules, and the CGSDTC Co. Ltd shall formulate
settlement rules.

Article 21

All branches of the People’s Bank of China shall reinforce its communication with the NIFC or the CGSDTC Co. Ltd, and shall conduct
routine supervision and inspection over the forward transactions of the market participants within their respective jurisdiction.

Article 22

When conducting forward transactions, the market participants shall, besides the present Provisions, abide by other relevant provisions
on the National Inter-bank Bond Market.

Article 23

Where a contract on a forward transaction is breached, and there is any dispute over the fact of breach of contract or over the liabilities
for the breach of contract, both parties to the transaction may, through negotiation, apply for arbitration or file a lawsuit with
the people’s court. And they shall send the final result to the NIFC or the CGSDTC Co. Ltd no later than 12 o’clock of the working
day next to the day when they receive the final result of arbitration and lawsuit. The NIFC or the CGSDTC Co. Ltd shall announce
the final result on the same day of its reception.

Article 24

If a market participant or the NIFC or the CGSDTC Co. Ltd violates any of the present Provisions, it shall be punished by the People’s
Bank of China according to Article 46 of the Law of the People’s Republic of China on the People’s Bank of China.

Article 25

The People’s Bank of China may, pursuant to the development of forward transactions, make timely revision to Articles 11, 14, 15 and
16 of the present Provisions.

Article 26

The power to interpret the present Provisions shall remain with the People’s Bank of China.

Article 27

The present Provisions shall come into force as of June 15, 2005.



 
the People’s Bank of China
2005-05-11

 






THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION NOTICE ON THE POLICIES RELATING TO THE INDIVIDUAL INCOME TAX ON DIVIDENDS AND BONUSES

Ministry of Finance, State Administration of Taxation

The Ministry of Finance and the State Administration of Taxation Notice on the Policies Relating to the Individual Income Tax on Dividends
and Bonuses

Cai Shui [2005] No. 102

The public finance departments (bureaus), the state taxation bureaus and local taxation bureaus of all provinces, autonomous regions,
municipalities directly under the Central Government and cities specifically designated in the state plan, and the Public Finance
Bureau of Xinjiang Production and Construction Corps:

With a view of promoting the development of the capital market, upon the approval of the State Council, the notice on the policy relating
to the individual income taxes on dividends and bonuses is given as follows:

I.

The individual income taxes on the incomes of individual investors from the dividends and bonuses of listed companies shall be levied
in accordance with the current tax laws after temporarily deducting 50% of individual taxable incomes.

II.

The aforesaid provision shall be implemented as of the date of release of this notice.

Ministry of Finance

State Administration of Taxation

June 13, 2005



 
Ministry of Finance, State Administration of Taxation
2005-06-13

 






THE STATE ADMINISTRATION OF TAXATION CIRCULAR ON THE COMING INTO EFFECT AND IMPLEMENTATION OF THE AGREEMENT ON AVOIDING DOUBLE TAXATION BETWEEN THE CHINESE AND THE SRI LANKAN GOVERNMENTS

State Administration of Taxation

The State Administration of Taxation Circular on the Coming into Effect and Implementation of the Agreement on Avoiding Double Taxation
between the Chinese and the Sri Lankan Governments

Guo Shui Fa [2005] No. 78

All the bureaus of State taxation and local taxation in all provinces, autonomous regions, municipalities directly under the Central
Government, and cities specifically designated in the state plan, Yang Zhou Taxation Institute, and all departments under the SAT:

Chinese government and the government of the Democratic Socialist Republic of Sri Lanka signed the agreement on avoiding double taxation
and preventing tax evasion on incomes in Beijing on August 11, 2003. The agreement has been confirmed by both governments by exchanged
notes on April 22, 2005 and March 24, 2005, and has now completed the necessary legal procedures for coming into force. In accordance
with the stipulations of Article 28 of the agreement, the agreement will come into force on May 22, 2005, and will be implemented
on January 1, 2006. The State Administration of Taxation has distributed the agreement text as “Letter No. 950 [2003] of the State
Administration of Taxation” on August 14, 2003. The agreement shall be implemented accordingly.

The State Administration of Taxation

May 11, 2005



 
State Administration of Taxation
2005-05-11

 






1234Page 2 of 4

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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