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THE SUPPLEMENTARY CIRCULAR OF THE MINISTRY OF FINANCE AND THE MINISTRY OF COMMERCE ON THE SUPPORT OF THE PRIOR PERIOD EXPENSES OF OVERSEAS INVESTMENT IN RESOURCE AND FOREIGN ECONOMIC COOPERATION PROJECT IN 2004






The Ministry of Finance, the Ministry of Commerce

The Supplementary Circular of the Ministry of Finance and the Ministry of Commerce on the Support of the Prior Period Expenses of
Overseas Investment in Resource and Foreign Economic Cooperation Project in 2004

Cai Qi [2005] No. 85

June 17, 2005

The financial departments (bureaus) and competent departments of commerce of all provinces, autonomous regions, cities directly under
the central government and the cities specifically designated in the state plan, the Bureau of Finance and Bureau of Commerce of
Xinjiang Production and Construction Corps, and all Chinese economic and commercial institutions abroad and all enterprises under
the central authorities:

The Ministry of Finance and the Ministry of Commerce jointly promulgated the Circular of the Ministry of Finance and the Ministry
of Commerce on the Support of the Prior Period Expenses of Overseas Investment in Resource and Foreign Economic Cooperation Project
in 2004 (Cai Qi [2004] No.176, hereinafter referred to as the Circular) with a view to implementing the “going out” strategic spirit
of the Sixteenth National Congress of the CPC, encouraging and supporting the enterprise with comparative advantage to conduct overseas
investment in resource and to use overseas resources to develop foreign economic technologic cooperation, after deliberation, related
issues are supplemented as follows in accordance with the requirements of business:

I.

The foreign economic cooperation project concerning resource as referred to in Article 1 of the Circular means the foreign contract
projects conducted in overseas resource field, the foreign contract projects with the resource as means of payment or the foreign
contract projects purporting to obtain the resource exploiting, developing and use right.

II.

Paragraph 5 of article 4 of the Circular stipulates that “the registration of overseas enterprise or the concluding time of contract
shall be between January 1, 2004 and December 31, 2004”, and in considering the real circumstances and the continuity of business,
this paragraph is amended to be “the registration of overseas enterprise or the concluding time of contract shall be between January
1, 2003 and December 31, 2004”

III.

With respect to other projects concerning resource rather than the projects specially supported, the enterprise may submit application;
the Ministry of Finance and the Ministry of Commerce will conduct whole consideration of the support of special projects.

IV.

The submitting time of applying material is postponed for 15 days with a view to enhancing the application of enterprise and the dissemination
and preliminary examination by local authorities in charge. The enterprise shall prepare and submit materials in strict accordance
with the provisions of documents and the requirements in the attachment. The subordinated enterprises to the enterprises directly
under the central authority shall be examined and submitted in a unified way by the group.

V.

In order to decrease the workload in the application of the enterprise, the application request submitted jointly by all authorities
at provincial level shall be delivered to the Ministry of Finance (Department of Enterprise) and the Ministry of Commerce (Department
of Planning and Finance), one copy of the specific applying material may be submitted together with the application request to the
Ministry of Commerce (Department of Planning and Finance).

It is thereby notified.

The attachment:

1.

The project-compiling guide

2.

The account for application of enterprise

3.

The Opinion of Chinese Economic and Commercial Counselor’s Office in (location)

4.

Schedule of the fees in the preliminary stage of the overseas investment in resource and the foreign economic cooperation project

5.

The Summary of the preliminary examination of the fees at preliminary stage of the overseas investment of resource kind and the foreign
economic cooperation project

Attachment 1:The Project-Compiling Guide

I.

The enterprise shall, depending on projects, bind up all submitted materials to volumes in the way as the accounting books are bound
up;

II.

The material for each project shall include but not limited to the following material.

(1)

Cover, the contents of the cover include: the nature of the project (overseas investment or economic cooperation); the name of the
project (the location of the project, the name of the mine, and the name of the overseas enterprise [Chinese and English]); the name
of the project applying enterprise (with common seal).

(2)

The list of the materials of the project submitted.

(3)

The application report of the project. The application shall include: the basic information of the enterprise; the basic investment
of the project (or contractual amount), the total prior period expenses and the amount applied for support, etc.

(4)

An account for the application of the project (see attachment 2).

(5)

The business license of the project applying enterprise.

(6)

The approval certificate of related authority for overseas investment project or for project contract and relevant certificate for
passing annual examination.

(7)

The business license registered in the country where the project is located (Chinese and English).

(8)

The account material of the economic and commerce counselor’s office of China in the country where the project is located.

(9)

The approval certificate of foreign exchange administrative authority for foreign exchange verification and fund remittance.

(10)

The record table of the overseas mine resource development project.

(11)

The audited report of the applying enterprise of 2003 and 2004.

(12)

The project feasibility study report (Chinese).

(13)

The investment (economic cooperation project) contract (only provide the Chinese and English version of the relevant part concerning
the prior period expenses).

(14)

The schedule of the prior period expenses (see attachment 4).

(15)

The prior period expenses proof of the project, including, payment voucher, accounting voucher, fees payment contract, the payment
voucher with a single fee exceeding 100,000RMB shall add common seal on the copies thereof.

III.

The materials submitted by the provincial authorities (including the enterprise under central authority, the same below) shall include
the following contents:

(1)

The application report of preliminary fees jointly submitted to the Ministry of Finance and the Ministry of Commerce.

(2)

The Summary of the prior period expenses of the overseas investment in resource and the foreign economic cooperation project (see
attachment 5)

(3)

The materials of the project applying enterprise that has been bound up to volumes.

htm/e04110.htmAttachment 2

￿￿

Attachment 2:

The Account for the Application of Enterprise

 

Name of the applying enterprise

￿￿

 

 

Name of the legal representative

￿￿

the registration place of enterprise

Province city

Address

￿￿

Post code

￿￿

The applicant declares earnestly that:

1. This time the applicant applies for the support of the prior period expenses of     project,
all materials    pages submitted;

2. The applicant has been legally registered and has independent legal person status and operated legally;

3. All documents, bills and vouchers and materials submitted by the applicant are accurate, real, complete and valid;

4. All duplicate materials and copies are verified and in complete consistent to the reserved and original;

5. The applicant undertakes to accept necessary check and examination by relevant authorities for the examination
of this application.

The legal representative of the applying enterprise or the authorizer: (signature)

Seal of the applying enterprise:

Date:  mm-dd-yy

Bank account No.

￿￿

Bank account No.

￿￿

Name of deposit bank

￿￿

Address of deposit bank

￿￿

Linkman 

￿￿

Telephone

￿￿

E-mail

￿￿

Mobile phone

￿￿

Fax

￿￿

￿￿

￿￿

￿￿￿￿Note: 1. The signature column of legal representative or the authorizer of the applying enterprise shall be singed by hand, name
stamp is invalid;

￿￿￿￿2. Where singed by the authorizer, the original copy of power of attorney signed by the legal representative and sealed with the
common seal of the company shall be submitted;

￿￿￿￿3. The information of the bank account shall be the account of the company and for prior period fund. Please fill in it correctly.

￿￿

Attachment 3:

The Opinion of Chinese Economic and Commercial Counselor’s Office in (location)

 




 Name of project

￿￿

City where the project situates

￿￿

The sum of the investment (contract)

 
Ministry of Finance, The State Administration of Taxation
2005-05-26

 



CIRCULAR ON MANAGEMENT ISSUES CONCERNING EXEMPTION OF BUSINESS TAX FROM INCOMES OF FOREIGN ENTERPRISES AND INDIVIDUALS FROM TRANSFER OF TECHNOLOGIES INTO CHINA AFTER CANCELLATION OF TAX ADMINISTRATIVE EXAMINATION

the State Administration of Taxation

Circular on Management Issues concerning Exemption of Business Tax from Incomes of Foreign Enterprises and Individuals from Transfer
of Technologies into China after Cancellation of Tax Administrative Examination

Guo Shui Han [2005] No. 652

The local taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, and cities
under separate state planning:

As to the follow-up management issues concerning the exemption of business tax from the incomes of foreign enterprises and individuals
from the transfer of technologies into China after the cancellation of tax administrative examination and approval, the unapproved
items occurred prior to the implementation of the present Notice shall still be subject to the previous provisions, according to
Article 18 of the Notice of the State Administration of Taxation on the Follow-up Management Issues after Cancellation and Delegation
of Some Taxation Administrative Examination and Approval Items Relating to Foreign-funded Enterprises, Foreign Enterprises and Foreign
Individuals (No. 80 [2004] of the State Administration of Taxation) (hereinafter referred to as the Notice). For the purpose of facilitating
all places to implement the aforesaid provision, you are hereby notified of the following supplementary provisions:

The unapproved items occurred prior to the implementation of the present Notice shall, no matter when the contract is concluded and
whether the fee for technology transfer is paid to the foreign counterpart or not, be subject to Article 12 of the present Notice,
and the examination and approval formalities shall be exempted. If the business tax has been paid, the taxpayer may, upon the strength
of the technology transfer approval document approved by the administrative department of the state as well as the technology transfer
contract, go to a taxation organ responsible for the taxes collection to go through the tax offset or tax refund formalities, according
to Item (b) of Paragraph 3 of Article 2 of the Circular of the Ministry of Finance and the State Administration of Taxation on Tax
Issues Related to the Implementation of the Decision of the CPC Central Committee and State Council on Strengthening Technical Innovation,
Development of High-tech and Realization of Its Industrialization (No. 273 of the Ministry of Finance).

The above-mentioned unapproved items refer to the tax deduction or exemption applications that have been accepted by a tax organ but
for which the examination and approval formalities have been gone through completely, as well as the technology transfer contracts
for which the technology transfer fees have actually been paid to the foreign counterparts before July 1, 2004.

The State Administration of Taxation

June 23, 2005

 
the State Administration of Taxation
2005-06-23

 



ARCHIVAL-FILING MATERIALS FOR PROJECT APPLICATION OF MEASURES FOR THE IMPLEMENTATION OF THE ADMINISTRATION OF AUTOMOBILE BRAND SALES

Issued by the General Office of the Ministry of Commerce (MOFCOM)

Circular of General Office of the Ministry of Commerce on Printing and Distributing Archival-filing Materials for Project Application
of Measures for the Implementation of the Administration of Automobile Brand Sales

No.28 [2005] of the Ministry of Commerce

The competent departments of commerce of all provinces, autonomous regions, municipalities directly under the Central Government,
cities specifically designated in the state plan and Xinjiang Production and Construction Corps:

With a view of ensuring the smooth implementation of Measures for the Implementation of the Administration of Automobile Brand Sales
(hereinafter referred to as the Measures) and further clarifying relevant requirements of archival-filing materials for project application,
in accordance with the relevant provisions of the Measures, we have formulated Archival-filing Materials for Project Application
of Measures for the Implementation of the Administration of Automobile Brand Sales, which is hereby printed and distributed to you
and shall be implemented accordingly. Relevant work relating to the establishment of automobile general distributor and brand distributors
with foreign investment shall be in the charge of the Department of Foreign Investment Administration; relevant work relating to
archival-filing of automobile general distributor and brand distributors shall be in the charge of the Department of Market System
Development.

Contact person of the Department of Foreign Investment Administration: Xing Yunfeng

Telephone: 65197393

Fax: 65197322

Contact person of the Department of Market System Development: Cai Yong, Chen Yuehong

Telephone: 85226393 85226390

Fax: 65129571

General Office of the Ministry of Commerce of the People’s Republic of China

May 30th, 2005

Archival-filing Materials for Project Application of Measures for the Implementation of the Administration of Automobile Brand Sales

I.

Materials that shall be submitted in the event of establishment (including merging and altering business scope) of automobile general
distributor with foreign investment

1.

Submission letter of enterprise group specifically designated in the state plan/provincial commerce competent department where the
enterprise to be established is located.

2.

Application signed by all investors for enterprise establishment, mainly including:

(1)

General situation of the project: enterprise name; place of registration and address of branches; total investment, registered capital;
basic information about all investors, their financial contribution proportions and modes; business scope, size and term.

(2)

Construction and supporting content: primary facilities; origins of the commodities, purchase and delivery mode; plan of environmental
protection and fire control.

(3)

Professional automobile sale capacity analysis: marketing survey, sales plan, sales promotion by advertising; network construction
and guide thereof; production service, technical training and consultancy; material content, institutional framework, personnel arrangement
and structure of parts supply and logistic management.

Therein, the layout, size and schedule shall be specified for network construction.

3.

Letter of Authorization of Automobile General Distributor issued by the automobile production enterprise (please refer to appendix
1 for the sample, the same below). Therein, where the automobile production enterprise is an overseas enterprise, the enterprise
registration certificate (photocopy) and legal representative certificate (photocopy) shall be provided.

4.

Contract, articles of association and its appendixes of the enterprise to be established (foreign-invested enterprise shall submit
articles of association only).

5.

Credit letter of banks, registration certificate (photocopy) and legal representative certificate (photocopy), and where the foreign
investor is individual, identification certification shall be provided.

The audit reports of the last year of all the investors that are audited by accounting firms.

6.

Evaluation report of the state-owned assets that the Chinese investors propose to invest in Chinese-foreign equity joint venture and
Chinese-foreign contractual joint venture in commercial fields.

7.

Member list of board of directors of the foreign-invested commercial enterprise to be established and letters of accreditation by
directors of all investors.

8.

Notice issued by the administrative department for industry and commerce on advance approval of enterprise name.

II.

Materials that shall be submitted in the event of establishment (including merging and altering business scope) of automobile brand
distributors with foreign investment

1.

Submission letter of enterprise group specifically designated in the state plan/provincial commerce competent department where the
enterprise to be established is located.

2.

Application signed by all investors for enterprise establishment, mainly including:

(1)

General situation of the project: enterprise name; place of registration and addresses of branches; total investment, registered capital;
basic information about all investors, their financial contribution proportions and modes; business scope, size and term.

(2)

Construction and supporting content: numbers of branches (stores included) to be established, business place; the store newly established
shall provide the opinion that conforms to urban development plan and is issued by local competent department of commerce; primary
facilities; origins of commodities, purchase and delivery mode; plan of environmental protection and fire control.

(3)

Analysis of automobile business scope and size that corresponds to the field, facilities and professional technicians.

3.

Letter of Authorization of Automobile Brand Distributor (please refer to appendix 2 for the sample, the same below) issued by the
automobile supplier (automobile production enterprise or automobile general distributor, the same below). Therein, in the event of
operation of import automobile, Letter of Authorization of Automobile Brand Distributor that is issued by automobile general distributor
within the territory of China shall be provided.

4.

Contract, articles of association and its appendixes of the enterprise to be established (foreign-invested enterprise shall submit
articles of association only).

5.

Credit letter of banks, registration certificate (photocopy) and legal representative certificate (photocopy) of all investors, and
in case that the foreign investor is individual, identification certification shall be provided.The audit reports of the last year
of all the investors that are audited by accounting firms.

6.

Evaluation report of the state-owned assets that the Chinese investors propose to invest in Chinese-foreign equity joint venture and
Chinese-foreign contractual joint venture in commercial fields.

7.

Member list of board of directors of the foreign-invested commercial enterprise to be established and letters of accreditation by
directors of all investors.

8.

Notice issued by the administrative department for industry and commerce on advance approval of enterprise name.

9.

House rent agreement (photocopy) and/or usufruct certificate documentation (photocopy) of land that the proposed store uses, with
the exception of store whose business place is less than 3,000 sq.m..

III.

Materials that an automobile supplier and a brand distributor shall put on file

1.

Archival-filing materials that an automobile supplier authorizes the automobile general distributor and brand distributors to use
and sell (in accordance with Article 35 of the Measures): Automobile Supplier Authorization Information Archival-filing and Registration
Sheet (see appendix 3).

2.

Before October 1, 2005, archival-filing materials that automobile sales enterprise are determined as automobile general distributor
or brand distributors by automobile supplier prior to April 1, 2005 (in accordance with Article 36 of the Measures):

(1)

Enterprise business license (photocopy, the same below).

(2)

Sedan cars business approval documentation issued by state relevant departments (photocopy).

(3)

Letter of Authorization of Automobile General Distributor and Letters ofAuthorization Automobile Brand Distributors issued by automobile
supplier.

(4)

Sheet for Archival-filing and Registration of Automobile General Distributor Information (see appendix 4, the same below) and Sheet
for Archival-filing and Registration of Automobile Brand Distributor Information (see appendix 5, the same below).

3.

Archival-filing materials of automobile general distributor and brand distributors newly established (including merging and altering
business scope)(in accordance with Article 34 of the Measures):

(1)

Enterprise business license.

(2)

Sheet for Archival-filing and Registration of Automobile General Distributor Information and Sheet for Archival-filing and Registration
of Automobile Brand Distributor Information.



 
Issued by the General Office of the Ministry of Commerce (MOFCOM)
2005-05-30

 






INTERIM MEASURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF BONDED LOGISTICS CENTERS (TYPE A)

General Administration of Customs

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

No. 129

The Interim Measures of the Customs of the People’s Republic of China for the Administration of Bonded Logistics Centers (Type A),
which were deliberated and adopted at the executive meeting of the General Administration of Customs on June 6, 2005, are hereby
promulgated and shall come into force as of July 1, 2005.

Director General Mou Xinsheng

June 23, 2005

Interim Measures of the Customs of the People’s Republic of China for the Administration of Bonded Logistics Centers (Type A)

Chapter I General Provisions

Article 1

For the purpose of adapting to the development of modern international logistics and regulating the administration of bonded logistics
centers (type A), the import and export of goods and business operations of those bonded warehousing logistics enterprises by the
customs, the present Measures are formulated according to the Customs Law of the People’s Republic of China and the relevant laws
and administrative regulations of the state.

Article 2

The term “bonded logistics centers (type A) (hereinafter referred to as logistics centers) ” as mentioned in the present Measures
refers to the customs supervision places as approved by the General Administration of Customs, which are operated by legal person
enterprises within the territory of China to exclusively undertake business operations of bonded warehousing logistics.

Article 3

The logistics centers shall, be classified into public logistics centers and self-use logistics centers on the basis of their service
ranges.

The term “public logistics centers” refers to the customs supervision places that are operated by the legal person enterprise within
the territory of China, which exclusively undertake the business operation of warehousing logistics and provide a comprehensive service
of bonded warehousing logistics services to the society.

The term “self-use logistics centers” refers to the customs supervision places that are operated by the legal person enterprises that
only provide bonded warehousing logistics services to themselves or internal group members thereof.

Article 4

Goods that fall in the following categories may be stored into logistics centers upon approval of the customs:

(1)

Domestic export goods;

(2)

Transit goods and international transfer goods;

(3)

Goods as temporarily stored by foreign enterprises;

(4)

Export and import goods for processing trade;

(5)

Materials supplied for international shipping and aircrafts and parts and components for maintenance of international ships and aircrafts;

(6)

Imported consignments of parts and components for maintenance of foreign products;

(7)

Ordinary trade goods that have not gone through customs clearance; or

(8)

Any other goods as approved by the customs that haven’t gone through the customs clearance.

An enterprise that operates logistics center shall carry out its business operation of bonded warehousing logistics according to the
range of goods for storage and catalogues of commodities as approved by the customs.

Chapter II Establishment of Logistics Centers

Article 5

The logistics centers shall be established in those places with large international logistic demand and convenient communications
where the customs supervision is convenient to be carried out.

Article 6

An enterprise that operates a logistics center shall satisfy the following qualifications:

(1)

It has been registered by the administrative department of industry and commerce and has the status of a legal person;

(2)

Its registered capital shall be not less than RMB 30 million yuan;

(3)

It has the ability to pay taxes to the customs and to handle any other legal liabilities;

(4)

It has a business place for goods storage and has the right of land use of the business place. Where the entity leases any land or
place from any other person for business operation, the leasing term shall be not less than 3 years;

(5)

Where an entity engages in any storage of commodities subject to special licensing, it shall hold the prescribed special license;

(6)

Where an entity operates a self-use logistics center, the annual import and export amount (including the deep processing carry-over)
in eastern regions shall not be less than US $0.2 billion and that in the mid-western regions shall not be less than US $50 million;
and

(7)

It shall have a management system that meets the requirements of the customs supervision and an accounting system that pursuant to
the provisions of the Accounting Law.

Article 7

An enterprise that operates a logistics center shall satisfy the following qualifications when applying for the establishment of a
logistics center:

(1)

It meets the requirements of supervision, planning and construction of logistics centers by the customs;

(2)

The warehousing area of a public logistics center (including a yard) shall be not less than 20,000 square meters when it is located
in the eastern regions and shall be not less than 5, 000 square meters when it is located in the mid-western regions;

(3)

The warehousing area of a self-use logistics center shall be not less than 4,000 square meters when it is located in the eastern regions
and shall be not less than 2, 000 square meters when it is located in the mid-western regions;

(4)

It shall establish a computerized management system that meets the requirements of the customs supervision, provide terminal equipments
for the query of data by the customs, and get connected to the customs through the platform of “electronic port” in light of the
certification means and data standards as prescribed by the customs in order to realize the data exchange and information pooling
between the customs and such departments as state taxation and foreign exchange on an uniform platform;

(5)

It shall establish such supervision and office facilities as safety segregation facilities, video supervision and control system that
comply with the requirements of the customs supervision; and

(6)

It shall observe such laws, administrative regulations, rules and relevant provisions of the state in as land administration, planning,
fire control, security, quality inspection and environmental protection.

Article 8

An enterprise that applies for the establishment of any logistics center shall file a written application to the customs directly
affiliated to General Administration of Customs and submit the following materials that are affixed with the enterprise’s seal:

(1)

Application Form (See Attachment 1 for the format);

(2)

Opinion of the people’s government at the municipal (districted municipality) level (enclosed with the feasibility report)

(3)

A photocopy of the enterprise’s constitution;

(4)

A photocopy of the business license of the enterprise as a legal person;

(5)

A photocopy of the identity certification of the legal representative thereof;

(6)

A photocopy of the taxation registration certificate;

(7)

A photocopy of the certification of its opening bank;

(8)

Such credit certification documents as the capital verification report as provided by an accounting firm;

(9)

Documents on the internal management system of a logistics center;

(10)

The certification document verifying its location selection complies with the overall planning of land use and its geographic location
map and plane planning chart; and

(11)

A photocopy of the registration certificate of declaration operation by a declaration entity.

Article 9

An application for the establishment of a logistics center shall be filed to and accepted by the customs directly affiliated to General
Administration of Customs and shall be reported to the General Administration of Customs for examination and approval.

Article 10

An enterprise shall apply to the customs directly affiliated to General Administration of Customs for inspection and acceptance within
1 year as of the approval as granted by the General Administration of Customs for its establishment of a logistics center. The customs
directly affiliated to General Administration of Customs shall carry out the examination and inspection according to the provisions
of the present Measures in collaboration with such departments as taxation and foreign exchange at the provincial level.

Where a logistics center is accepted as eligible upon inspection, the General Administration of Customs shall verify it and issue
the Acceptance Certificate of Bonded Logistics Centers (Type A) upon Inspection (See Attachment 2 for the format) and the Registration
Certificate of Bonded Logistics Centers (Type A) (See Attachment 3 for the format) to the enterprise and issue a signboard of bonded
logistics center (type A) (See Attachment 4 for the sample) as well.

Only after it passes the inspection and acceptance shall a logistics center carry out its business operation.

Article 11

Where an enterprise that has been granted the approval for the establishment of a logistics center fails to apply for the inspection
and acceptance in timely due to any justifiable reason, the term for inspection and acceptance may be extended upon the approval
of the customs directly affiliated to General Administration of Customs. However, the extension shall be not more than 6 months.
In case of any special situation requiring a second extension, it shall be reported to the General Administration of Customs for
approval.

Where an enterprise that has been granted the approval for the establishment of a logistics center fails to apply for the inspection
and acceptance within the time limit for no justifiable reason or fails to pass the inspection and acceptance, it shall be deemed
as withdrawing its application for establishment of a logistics center.

Chapter III Operation and Management of Logistics Centers

Article 12

A logistics center shall not be subleased or lent to any other entity for operation, neither shall any sub-warehouse center be set
up.

Article 13

An enterprise that operates a logistics center may carry out the following operations:

(1)

Bonded warehousing of import or export goods and any other goods that haven’t gone through the customs clearance;

(2)

Provision of circulating simple processing and value-adding service for stored goods;

(3)

Global purchase and international allocation and distribution;

(4)

Transit trades and international transfer business; and

(5)

Any other international logistic business operation as approved by the customs.

Article 14

An enterprise that operates a logistics center may not carry out any of the following business operations in its logistics center:

(1)

Commercial retail;

(2)

Production, processing and manufacture;

(3)

Maintenance, renovation and dismantlement;

(4)

Storage of any goods as prohibited by the state from being imported and exported or any other goods as restricted by the state from
being imported and exported that may harm public security, public sanitation or health, public morality or order;

(5)

Any other goods that shall not enjoy any bonded policy as expressively prescribed by laws and administrative regulations; or

(6)

Any other business operation that is irrelevant to logistics centers.

Article 15

The person responsible for and the personnel of a logistics center shall be familiar with the relevant laws and administrative regulations
of the customs and shall abide by the provisions on the customs supervision.

Chapter IV Customs Supervision of Logistics Centers

Article 16

The customs shall carry out a dynamic supervision and control of the goods, articles and transportation vehicles into or out of a
logistics center by such means as networking supervision, video supervision and control, on-spot verification, etc..

Article 17

The customs shall carry out a network of supervision on logistics centers through computers. A logistics center shall establish a
computerized management system that meets the requirements of the customs and get connected to the customs, form complete and authentic
electronic data for the import, export, transfer and storage of goods for the purpose of ensuring that the customs may conduct such
supervisory work as the inquiry, statistics, collection, exchange and verification of the data of relevant business operations.

Article 18

The administrative customs shall carry out a distance supervision of logistics centers through the video supervision system.

Article 19

The valid term of the Registration Certificate of Bonded Logistics Centers (Type A) is 2 years.

An enterprise that operates a logistics center shall go to the customs directly affiliated to General Administration of Customs to
go through the formalities of applying for the postponement of examination 30 days before the expiration of each valid term of the
Registration Certificate of Bonded Logistics Centers (Type A).

Where an enterprise that operates a logistics center applies for the postponement of examination, it shall submit the following documents
that are affixed with the seal of the enterprise.

(1)

A photocopy of the balance sheet and income statement of the current year, which have been audited by an accounting firm;

(2)

The original of the Declaration Registration Certificate;

(3)

A photocopy of the business license that has been pasted with the mark of passing the annual inspection of the current year by the
administrative department of industry and commerce and a photocopy of the business license of the enterprise as a legal person;

(4)

The report on the business operation of import and export by the enterprise; and

(5)

Any other materials as required by the customs.

An extension of 2 years may be granted to an enterprise that passes the examination.

Article 20

Where a logistics center needs to alter such matters as name, address, warehousing area of its operator, the relevant enterprise shall
file an application to the customs directly affiliated to General Administration of Customs and it shall be reported to the General
Administration of Customs for examination and approval. Any other matter regarding alteration shall be reported to the customs directly
affiliated to General Administration of Customs for archival filing.

Article 21

Where an enterprise that operates a logistics center fails to carry out its business operation for consecutive 6 months without any
justifiable reason, it shall be deemed that the said enterprise has revoked its application for the establishment of a logistics
center. The customs directly affiliated to General Administration of Customs shall report it to the General Administration of Customs
for dealing with the formalities for deregistration and withdraw the Acceptance Certificate of Bonded Logistics Centers (Type A)
upon Inspection and Registration Certificate of Bonded Logistics Centers (Type A).

Where an enterprise that operates a logistics center terminates its business operation due to any reason, the logistics center shall
file a written application and go through the formalities for writing-off and return the Acceptance Certificate of Bonded Logistics
Centers (Type A) upon Inspection and Registration Certificate of Bonded Logistics Centers (Type A) upon the examination and approval
of the General Administration of Customs.

Article 22

The storage term for the bonded goods in the logistic center shall be 1 year. In case of justifiable reasons, an extension may be
granted and the extension shall not exceed 1 year except special circumstances.

Chapter V Customs Supervision of Goods into or out of Logistics Centers

Section I Goods as Transported between Logistics Centers and Borders Beyond

Article 23

Any goods that is transported between a logistics center and border beyond shall be subject to the relevant formalities at the customs
in charge of the logistics center. Where a logistics center and a port are not subject to the administration of the same customs,
the relevant formalities shall be handled in the port customs upon the approval of the administrative customs.

Article 24

Where any goods is transported between a logistics center and border beyond, no administration of import or export quota or licensing
shall be applied except for those goods that are subject to the passive export quota control or any international treaty as attended
and concluded by the People’s Republic of China or unless it’s otherwise prescribed clearly by the state,.

Article 25

Where any goods is transported from a border beyond into a logistics center, the tariff and import link taxes levied by the customs
on behalf of other authorities thereof shall be handled according to the following provisions:

(1)

Those goods as listed in Article 4 of the present Measures shall be given the bonded treatment;

(2)

Where an enterprise that operates a logistics center imports office appliance, transportation tools and life consumption articles,
etc. for self-use, or machines, loading or unloading equipment, management equipment, etc. that are required by comprehensive logistics
services, the relevant formalities shall be gone through in accordance with relevant provisions on and taxation policies of import
and export goods.

Section II Goods as Transported between Logistics Centers and Domestic Places

Article 26

Where any goods in a logistics center is collected across customs areas, the formalities thereof may be handled at the customs in
charge of the logistics center or the relevant formalities may be handled according to other provisions of the customs.

Article 27

An enterprise may transport in or out goods batch by batch and make the monthly declaration collectively according to the provisions
of the customs upon the approval of the administrative customs. However, the collective declaration shall not be handled across the
year.

Article 28

Any transportation of goods from a logistics center into domestic places shall be deemed as an import and the formalities for import
declaration shall be gone through in accordance with the actual trading forms and the actual situations; where the goods is subject
to licensing administration, the relevant enterprise shall provide effective license certificates to the customs; where any import
or export goods is subject to collective declaration, the tariff rate and foreign exchange rate as applied on the day when the customs
accepts the declaration of each import or export of goods shall be applied.

Article 29

Any transportation of goods from domestic places into a logistics center shall be deemed as an export and the formalities for export
declaration shall be handled. Where the export tariff is required, it shall be paid according to the relevant provisions; as for
the goods that is subject to the licensing administration, the effective license certificates of export shall be provided to the
customs.

For the goods transported from a domestic place into a logistics center that was imported earlier, the domestic consignor shall go
through the formalities for declaration at the customs and the goods shall be subject to the inspection and release of the administrative
customs. The tariff collected and import link taxes levied by the customs on behalf of other authorities shall not be refunded.

The formalities shall be gone through according to the following provisions unless it is otherwise governed by laws and administrative
regulations:

(1)

The customs shall sign and issue the certification of the declaration form of export goods for the handling of export refund under
any of the following circumstance:

1.

The goods as transported from a domestic place into a logistics center has gone through the formalities for declaration;

2.

For any export goods in transit, the customs at the consignment place has received the return receipt of transit verifying that the
transit goods has entered the logistics center from the customs in charge of the logistics center; or

3.

Domestic machines, loading or unloading equipment, management equipment, inspection and testing equipment, etc. that are transported
from a foreign country into the logistics center for the self-use of the enterprise.

(2)

The customs shall not sign and issue the certification of the declaration form of export goods for the handling of export refund under
any of the following circumstances:

1.

Articles for daily use and transportation vehicles that are transported from a domestic place into the logistics center for the self-use
of the enterprise that operates the logistics center;

2.

Machines, loading or unloading equipment, management equipment, inspection and testing equipment, etc. that are transported from a
domestic place into a logistics center for the self-use of the enterprise that operates the logistics center; or

3.

The transportation of goods between bonded logistics centers and between bonded logistics center and such special customs supervision
areas or customs supervisory bonded places as export processing areas, bonded logistics parks or areas, logistics centers (type B),
and export supervisory warehouses where the policy of tax refund in the warehousing link of domestic goods is applied.

Article 30

The enterprises shall go through the formalities for export refunds according to the measures for the administration of tax collection
by the State Administration of Taxation and shall go through the formalities for the receipt and payment of foreign exchange according
to the relevant measures for the administration of foreign exchange by the State Administration of Foreign Exchange.

Article 31

For goods falls in the following categories, the tariff and import link taxes as levied by the customs on behalf of other authorities
as an agent may be exempted in the transportation into the territory of China by way of entering a logistics center:

(1)

Parts and components that are used for free maintenance of relevant foreign products within the guaranteed period and that are in
conformity with the relevant provisions on non-compensated goods;

(2)

Materials as used for international shipping and aircraft; or

(3)

Any other tax-free goods as prescribed by the state.

Article 32

The transportation of goods between bonded logistics centers and such special customs supervision areas or customs supervisory bonded
places as bonded areas, export processing areas, bonded logistics parks or areas, logistics centers (type A or B), bonded warehouses
and export supervisory warehouses shall be governed by relevant provisions.

Chapter VI Legal Liabilities

Article 33

Where any damage or destruction is done to the bonded warehousing goods in the storage period, the enterprise that operates a logistics
center shall pay the taxes of those goods damaged or destroyed to the customs according to law and shall bear relevant legal liabilities
except the case of force majeure.

Article 34

As for any violation of the present Measures, the customs shall make punishments according to the Customs Law of the People’s Republic
of China and the Regulation on the Implementation of Administrative Sanctions of the Customs of the People’s Republic of China. Where
a crime is constituted, the violators shall be subject to criminal liabilities according to law.

Chapter VII Supplementary Provisions

Article 35

Definitions of terms in the present Measures:

The term “circulating simple processing and value-adding services” refers to the general term of such simple supplementary operations
as grading and classification, dismantling and selecting, separate packing, measuring, combination package, fixing films, adding
shipping marks, mark labeling, changing package and assembling.

The term “international transfer goods” refers to the goods that are consigned from abroad, reloaded onto transportation vehicles
sailing on international navigation lines in a transfer port and continuously transported to the designated port of a third country
or district thereafter.

Article 36

The power of interpreting the present Measures shall remain with the General Administration of Customs.

Article 37

The present Measures shall come into force as of July 1, 2005.

Attachment:

1.

Application Form for Bonded Logistics Centers (Type A)(Omitted)

2.

Acceptance Certificate of Bonded Logistics Centers (Type A) upon Inspection (Omitted)

3.

Registration Certificate of Bonded Logistics Centers (Type A)(Omitted)

4.

Signboard of Bonded Logistics Centers (Type A)(Omitted)



 
General Administration of Customs
2005-06-23

 






CIRCULAR ON FURTHER ADJUSTING EXPORT TARIFFS ON TEXTILES AS FROM JUNE 1, 2005

The News Office of the Ministry of Finance

Circular on Further Adjusting Export Tariffs on Textiles as from June 1, 2005

The News Office of the Ministry of Finance

May 30, 2005

Customs Tariff Commission of the State Council decides to adjust export tariff of textiles as of June 1, 2005. Details are now announced
as follows:

1.

Export tariffs are exempted for 78 categories among 148 textile categories that have had export tariffs imposed as from January 1,
2005. Export tariffs of products that were arranged to be increased or decreases as of June 1, 2005 shall also be exempted.

2.

Export tariff of Flax Single Yarn (under Tariff No. 53061000) is exempted.

With the above-mentioned adjustment and export tariffs of two textile categories (under Tariff No. 61179000, 62179000) that were exempted
as of May 20, 2005, there total 81 textile categories that shall be exempted from export tariff imposition as from June 1, 2005.
Details are listed in the Appendix.

htm/e04056.htmAppendix

￿￿

￿￿

Appendix:

Product List with Export Tariff Exemption as of June 1,2005

￿￿




Serial Number

Tariff No.

Trade Name

1

53061000

Flax Single yarn

2

61031900

knitted or woven male western-style suits of other textile materials

3

61032200

cotton knitted or woven male casual suits

4

61032300

synthetic fibre knitted or woven male casual suits

5

61032900

knitted or woven male casual suit of other textile materials

6

61034200

cotton knitted or woven male trousers, overalls etc.

7

61034300

 synthetic fibre knitted or woven male trousers

8

61034900

knitted or woven male trousers of other textile materials

9

61041200

 cotton knitted or woven female western-style suits

10

61041900

 knitted or woven female western-style suits of other textile materials,

11

61042200

 cotton knitted or woven female casual suits

12

61042300

synthetic fibre knitted or woven female casual suits

13

61042900

knitted or woven female casual suits of other textile materials

14

61046200

cotton knitted or woven female trousers, overalls, etc

15

61046300

 synthetic fibre knitted or woven female trousers

16

61046900

knitted or woven female trousers of other textile materials

17

61051000

cotton knitted or woven male shirts

18

61052000

chemical fibre knitted or woven male shirts

19

61059000

 
Ministry of Finance, State Administration of Taxation
2005-06-24

 



RELEVANT ISSUES CONCERNING THE AMENDMENT TO THE OPERATIVE PROCEDURES OF FOREIGN EXCHANGE ADMINISTRATION IN OVERSEAS COMMODITY FUTURES HEDGING BUSINESS OF STATE-OWNED ENTERPRISES (FOR TRIAL IMPLEMENTATION)






State Administration of Foreign Exchange

Relevant Issues Concerning the Amendment to the Operative Procedures of Foreign Exchange Administration in Overseas Commodity Futures
Hedging Business of State-Owned Enterprises (For Trial Implementation)

Hui Fa [2005] No. 34

The branches and offices of the State Administration of Foreign Exchange of the People’s Republic of China (SAFE) in all provinces,
autonomous regions, municipalities directly under the Central Government, as well as the SAFE branches of municipalities of Shenzhen,
Dalian, Qingdao, Xiamen and Ningbo, as well as various head offices of designated foreign exchange banks with Chinese investment:

With a view to meeting the needs of the development of overseas commodity futures hedging business of state-owned enterprises, and
further regulating the administration of foreign exchange under commodity futures hedge, in according with pertinent provisions of
the Measures for the Administration of Overseas Futures Hedging Business of State-owned Enterprises (hereinafter referred to as the
Measures), relevant issues concerning the amendment to the Operative Procedures of Foreign Exchange Administration in Overseas Commodity
Futures Hedging Business of State-Owned Enterprises (For Trial Implementation) (hereinafter referred to as the Operative Procedures)
are hereby supplemented as follows:

1.

In Respect of the Confirmation of Risk Exposure and Its Administration

For an enterprise (hereinafter referred to as the enterprise) which has been granted a license of overseas commodity futures hedging
business as issued by the China Securities Regulatory Administration (hereinafter referred to as the CSRC) and has had its risk exposure
verified by the CSRC in the current year, it shall, if intending to apply for confirmation formality of risk exposure in the current
year, file an application to a local SAFE branch or office (hereinafter referred to as the local SAFE branch) for handling the formality
of risk exposure confirmation in the current year on presentation of the following materials:

(1)

a notice indicating the SAFE will verify risk exposure for an enterprise holding a license of overseas commodity futures hedging business
in the current year;

(2)

a written report showing the confirmation of the said enterprise for risk exposure in the current year, including the amount to be
applied for, development of import & export businesses under futures hedging business of the said enterprise, its preparation for
and present situation development of futures hedging business as well as the plan for the current year. Where it is not the first
time for the enterprise to file an application, utilization of risk exposure in the last year shall also be submitted; and

(3)

a bank statement of balance in the domestic special futures foreign exchange account by the end of last year or the end of preceding
month from the date of application.

The local SAFE branch shall report application materials to the SAFE within 7 working days from the receipt of all such materials
for the confirmation of the said enterprise’ risk exposure by the SAFE. The enterprise shall, within 1 month from receiving a confirmation
letter, apply to the local SAFE branch for dealing with the formalities of recordation and registration (modification) as well as
opening a foreign special futures account after being examined and approved.

Subject to the Measure, the aggregate of the enterprise’s deposits under futures and futures compensation amount as remitted accumulatively
in the current year, and the balance in its foreign futures special account by the end of last year shall not exceed the amount of
risk exposure confirmed in the current year. The enterprise shall present to the domestic opening bank a bank sheet of the balance
in its foreign special futures account by the end of last year, and such bank shall strictly control the amount of funds allowed
to be remitted by the said enterprise and handle well the registration of customs duty.

The enterprise may, within the scope of risk exposure confirmed by the SAFE, purchase foreign exchanges according to its demands as
the funds under overseas futures hedge.

2.

With Regard to the Administration of Domestic and Foreign Special Futures Accounts

In case the municipality where the enterprise is registered is different from that in which the local SAFE branch is located, a domestic
special futures account may be opened with a designated foreign exchange bank in a place where the said enterprises is registered
and the local SAFE branch in the same place shall also be responsible for the daily administration of foreign exchange. Except an
approval document of remitted initial deposit as set forth in Paragraph 2 of Article 4 hereof, an application for all other opinions
and official replies required to be made in written form shall, after initially examined by a SAFE central sub-branch in the place
where the enterprise is registered, be transmitted to a SAFE branch according to provisions.

Whereas the CSFC has made adjustment to approaches for the administration of the enterprises’ selection of overseas brokering institutions,
the material for examining an enterprise to open a foreign special futures account with the approval from local SAFE branch shall
be adjusted as: a written notice of the CSRC on the recordation filed by an enterprise with the CSRC concerning the foreign futures
brokering company under the selection of such enterprise.

3.

Permission to Enterprises for Retaining the Petty Cash Funds in a Certain Sum

As required by the business, local SAFE branch may ratify petty cash funds in foreign exchange at a certain rate in domestic and foreign
special futures accounts and retain such petty cash funds in the domestic special account for circulation and use, among which the
petty cash funds retainable in an foreign account shall refer to the petty cash funds other than those which must be retained by
any enterprise with a license for holding a position according to the requirements of any futures brokering institution. The aggregate
of upper limits of petty cash funds in foreign exchange retainable in a foreign special account at the same point in time shall not
exceed more than 30% of the amount of risk exposure in foreign exchange of the current year. Such aggregate shall be earmarked for
specified purpose only and be forbidden from appropriation.

4.

With Respect to the Administration of Initial Deposit Remittance

Any enterprise, if required to remit overseas the initial deposit under commodity futures, may apply to the opening bank for completing
the formality of initial deposit remittance on presentation of documents issued by the local SAFE for approving an application letter,
written agreement of account opening which is signed by the said enterprise and a foreign futures brokering company (institution)
that is approved by the local SAFE branch to open foreign special accounts. The accumulative amount of initial deposits remitted
in one year shall not exceed 20% of the amount of risk exposure in foreign exchange of the same year. If a rate higher than 20% is
required under special circumstances, such circumstances shall be firstly examined by the local SAFE branch and then reported to
the SAFE for approval.

In case an enterprise open a domestic special futures account with a bank of a place where it is registered, the initial deposit shall
be approved and remitted by the SAFE central sub-branch in the same place subject to the provisions mentioned above.

An enterprise must, within 1 month after the remittance of initial deposit, feed back to the local SAFE branch the receipt certificate
(Any of its original, duplicate, fax and email is acceptable.) which is affixed by the official seal of a collection brokering company.

5.

In View of the Feedback of Information and Date Statistics Thereof

Any enterprise and bank shall, within the first 10 working days in a month, be obliged to respectively submit to the local SAFE branch
the Monthly Report of Stock of Overseas Futures Hedging Foreign Exchange Funds (See Schedule 1 For Enterprises Use) of the preceding
month as well as the cash position statement issued by a domestic futures brokering institution from the end of last statement, with
an official seal of the said enterprise thereof (bank statement of balance); Monthly Report of Flow of Overseas Futures Hedging Foreign
Exchange Funds (Schedule 2 For Banks Use).

Any enterprise and bank shall be ordered to make rectification within a time limit by the local SAFE branch if failing to feed back
the date and information set out in Item 4 and 5 during a period without any justifiable reason; Where still failing to make rectification,
such enterprise and bank shall be imposed a penalty ranging from RMB 10 to 30 thousand yuan by the local SAFE branch according to
the seriousness of respective circumstances.

Subject to Article 5 of the Operative Procedures, the local SAFE branch shall, within 20 working dates from the end of each season,
report a Quarterly Report of Overseas Futures Hedging Foreign Exchange Funds (Schedule 3) of the current season in the form of disk
and written text to the SAFE.

6.

This Circular shall become effective as of the date of promulgation. For any business prior to such date, pertinent formalities such
as the application for limit of petty cash funds in foreign exchange deposited in foreign special futures account, shall be made
up within 1 month from the date of such promulgation. In case of any conflict between other provisions and provisions hereof, the
latter shall prevail. Anything not covered herein shall be subject to the Operative Procedures and the Circular of the State Administration
of Foreign Exchange on Several Issues Concerning the Opening Domestic Accounts in Foreign Exchange under Operative Procedures of
Foreign Exchange Administration in Overseas Commodity Futures Hedging Business of State-Owned Enterprises (For Trial Implementation).
Special circumstances shall be submitted to the SAFE for examination level by level.

Schedules:

1)

Monthly Report of Stock of Overseas Futures Hedging Foreign Exchange Funds (For Enterprises Use)

2)

Monthly Report of Flow of Overseas Futures Hedging Foreign Exchange Funds (For Banks Use)

3)

Quarterly Report of Overseas Futures Hedging Foreign Exchange Funds (For SAFE branches and offices)

State Administration of Foreign Exchange

May 17, 2005

htm/e04095.htmSchedule 1

￿￿

Schedule 1:

Monthly Report of Stock of Overseas Futures Hedging Foreign Exchange Funds (For Enterprises Use)

(Date of Filling￿￿￿￿)

￿￿

￿￿￿￿(Official Seal)￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿Unit: Ten Thousand USD

Month

Balance of Risk Exposure

Limit of Petty Cash Funds Retainable in Domestic and Foreign Special Futures Accounts

Total Sum of Petty Cash Funds Having Been Retained in the Foreign Special Account by the End of Last Month

Balance in the Domestic Special Account by the End of Last Month

Total Sum of the Balance in the Foreign Special Account by the End of Last Month

Details of the Balance in the Foreign Special Account by the End of Last Month

1

2

3

4

5

1

 

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￿￿￿￿Responsible Person: ￿￿￿￿￿￿￿￿￿￿￿￿Contact Tel: ￿￿￿￿￿￿￿￿￿￿￿￿Handling Person: ￿￿￿￿￿￿￿￿￿￿￿￿Contact Tel:

￿￿￿￿Note: 

￿￿￿￿￿￿￿￿1. Details of the Balance in the Foreign Special Account by the End of Last Month: Any enterprise may, based on its own actual situations,
fill and report the information about the balance which is deposited in the account having been opened by a foreign futures brokering
company and has been approved by the SAFE branch.

￿￿￿￿￿￿￿￿2. Total Sum of the Balance in the Foreign Special Account by the End of Last Month= Item 1+Item2+Item3+Item4+Item5+Item￿￿￿￿. as Set
Forth in the Details of the Balance in the Foreign Special Account by the End of Last Month

 

Schedule 2:

Monthly Report of Flow of Overseas Futures Hedging Foreign Exchange Funds (For Banks Use)

 

￿￿￿￿Filling and Reporting Entity:￿￿(Official Seal)￿￿￿￿￿￿￿￿￿￿￿￿(Date of Filling:￿￿￿￿￿￿￿￿￿￿￿￿)￿￿￿￿￿￿￿￿￿￿￿￿Unit of Currency: Ten Thousand USD






Serial No.

Name of Enter- prise

Con- firmed Amount of Risk Expo-

sure in This Year

Balance of Risk Expo- sure by the End of

This Month

Domestic Account

Fund Flow

Balance in the Foreign Special Account by the End of Last Year

Re- marks

Ac- count No.

Balance by the End of Last Month

Amount Trans- ferred In for This Month

Amount of the Pur- chased Foreign Ex- change

Other Incomes of This Month

Expendi- tures of This Month

Amount of Settled Foreign Exchange

Balance by the End of This Month

Accumu- lative Expendi- tures of This Year

Bene- ficiary

Ac- count No.

Use

 

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CIRCULAR OF MINISTRY OF COMMERCE, CHINA EXPORT& CREDIT INSURANCE CORPORATION CONCERNING UTILIZING EXPORT CREDIT INSURANCE TO SUPPORT THE DEVELOPMENT OF NAME BRAND EXPORT

Ministry of Commerce, China Export& Credit Insurance Corporation

Circular of Ministry of Commerce, China Export& Credit Insurance Corporation concerning Utilizing Export Credit Insurance to Support
the Development of Name Brand Export

Shang Mao Fa [2005] No. 332

In order to implement the spirit of the Central Committee of the People’s Republic of China and the State Council on accelerating
the cultivation of world famous name brand, implement the Directive Opinions on Supporting the Development of Name Brand Export (Shang
Mao Fa [2005] No. 124) issued by eight ministries including the Ministry of Commerce, accelerate the cultivation of autonomous name
brand cultivation, transform the increase mode of foreign trade, realize the sustainable development of foreign trade, the Ministry
of Commerce and China Export& Credit Insurance Corporation hereby notify the matters concerned utilizing foreign credit insurance
to support the development of name brand export as follows:

1.

The authorities in charge of commerce of all regions and the all the business offices of China Export& Credit Insurance Corporation
(hereinafter referred to as “Sinosure”) shall communicate with each other in time, understand the demand of the enterprises and study
the detailed measures concerning utilizing export credit insurance to support the development of name brand export.

2.

The authorities in charge of commerce of all regions shall coordinate with the local business offices of Sinosure to publicize the
functions of export credit insurance policy, encourage the enterprises listed in “name brand export under the preferred cultivation
and development” (hereinafter referred to as “name brand export enterprise”) to utilize export credit to develop international market
and internationalized operation.

3.

The business offices of Sinosure shall formulate special service plan for the name brand export enterprises within its jurisdiction,
giving specific support and reporting the relevant circumstances to the local authorities in charge of commerce.

4.

Where the name brand export enterprise is covered in export credit insurance, Sinosure shall, in accordance with the service life
hereof, render hereto the qualification of “preferred client” or “key client” enjoying the relevant supporting policy.

5.

Sinosure shall, by such new products as overseas investment insurance, overseas labor service insurance, provide preferential service
to name brand export enterprises for their establishment of research and development center, production base and marketing network

6.

Sinosure shall provide name brand export enterprises with such value-added services as national risk report, industrial analysis report
and risk management recommendation, appropriately provide more free or preferential credit information report, give priority to the
arrangement of “Sinosure Online” business operation and service system.

7.

Sinosure shall actively development new products, exploring new modes to provide insurance credit support in such linkages as production
originality and research& development, name brand marketing and extension, patent acquisition and protection.

8.

Such means as “special issues shall be solved specially in time” shall be taken to meet the individuation demand of the name brand
export enterprises.

All the units are required to comply with the spirit of the Circular in the process of their implementation. Once problems occur,
they shall inform the Ministry of Commerce (Department of Foreign Trade) and China Export& Credit Insurance Corporation (Department
of Business Development)

The Circular is hereby given.

Ministry of Commerce

China Export& Credit Insurance Corporation

June 24, 2005

 
Ministry of Commerce, China Export& Credit Insurance Corporation
2005-06-24

 



LETTER OF REPLY OF THE GENERAL OFFICE OF THE STATE COUNCIL REGARDING THE ESTABLISHMENT OF NEW EXPORT PROCESSING ZONES INCLUDING SHANGHAI JIADING

General Office of the State Council

Letter of Reply of the General Office of the State Council regarding the Establishment of New Export Processing Zones including Shanghai
Jiading

Guo Ban Han [2005] No. 53

The General Administration of Custom,

Your “Proposal on the Establishment of New Export Processing Zones” [Shu Jia Fa [2005] No. 204] has been received and approved by
the State Council, and we hereby release our response as follows:

1.

The establishment of following new export processing zones has been approved: Shanghai Jiading export processing zone, Guangdong Nansha
export processing zone, Huizhou export processing zone, Yunnan Kunming export processing zone, Jiangshu Changzhou export processing
zone, Wuzhong export processing zone, Wujiang export processing zone, Yangzhou export processing zone, Changshu export processing
zone, Sichuan Mianyang export processing zone, Liaoning Shenyang (Zhangshi) export processing zone, Jiangxi Jiujiang export processing
zone, Hebei Langfang export processing zone, Hunan Chenzhou export processing zone, Zhejiang Cixi export processing zone, Fujian
Fuzhou export processing zone, Fuqing export processing zone and Quanzhou export processing zone.

2.

The construction of the above-listed export processing zones shall be carried out in strict compliance with stipulations in the “General
Office of the State Council Response regarding the Establishment of Pilot Export Processing Zones” (Guo Ban Han [2000] No. 37). Each
export processing zone shall plan and construct strictly within the four boundaries (see attachment) approved. You shall notify relevant
local people’s governments for earnest preparation work and join with relevant ministries for examination and acceptance after they
become eligible. In consideration of the fact that the provincial development zones in which the nine export processing zones of
Jiangshu Wuzhong, Wujiang, Yangzhou, Changshu, Jiangxi Jiujiang, Hebei Langfang, Hunan Chenzhou, Zhejiang Cixi and Fujian Quanzhou
are located have not passed the national elimination and rectification of development zones, you shall notify relevant local people’s
governments to submit their detailed construction plans for the joint examination and approval by the State Development and Reform
Commission and yourself before the commencement of construction, and after the completion of examination and acceptance of relevant
provincial development zones and with the confirmation of the location of export processing zones inside the provincial development
zones.

3.

You shall, together with other ministries, by drawing on past experiences, perfecting the entry and exit mechanism of export processing
zones and formulating detailed operative procedures, evaluate the developmental conditions of the established export processing zones,
and promote the healthy and orderly development of export processing zones. In the meantime, you shall study and take measures to
introduce into export processing zones the eligible new trade projects involving the processing of imported raw materials for the
concentrated regulatory administration on processing trade, preventing the construction of redundant projects and enhancing the quality
of work.

General office of the State Council

June 3, 2005

 
General Office of the State Council
2005-06-03

 



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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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