ROAD TRAFFIC SAFETY LAW
Law of the People’s Republic of China on Road Traffic Safety | |
CIRCULAR ON ISSUES CONCERNING THE JOINT ANNUAL INSPECTION AND COMPREHENSIVE PERFORMANCE EVALUATION OF OVERSEAS INVESTMENT IN 2004
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Law of the People’s Republic of China on Road Traffic Safety | |
CIRCULAR ON ISSUES CONCERNING THE JOINT ANNUAL INSPECTION AND COMPREHENSIVE PERFORMANCE EVALUATION OF OVERSEAS INVESTMENT IN 2004
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Ministry of Justice Order of the Ministry of Justice of the Peoples Republic of China No. 87 The Procedure Rules on the Charging of Law Firms, deliberated and adopted at the executive meeting of the Ministry of Justice on March Zhang Fusen, Minister of the Ministry of Justice March 19th, 2004 Procedure Rules on the Charging of Law Firms Article 1 With a view to regulating the charging acts of law firms, the present Rules are hereby formulated in accordance with the relevant Article 2 The charging items, charging standards and charging ways of a law firm shall be carried out in conformity with the Interim Measures Article 3 Law firms shall adhere to the principle of legality, openness, fairness, and consistency through negotiation for their charging of Article 4 Where a law firm charges fees through negotiation or by hour, it shall carry it out in line with the scope as provided for in Article Article 5 The lawyers service charge shall be collected unifiedly by law firms. No lawyer may charge any fee from the clients without permission. Article 6 Law firms shall publicize the charging items, charging standards and charging ways for lawyers services by posting, printing service Article 7 After accepting the entrustment, a law firm shall conclude charging contracts with the clients or specify charging clause in the entrustment A charging contract shall cover the following contents: charging items, ways and standards, amount or proportion of charges, ways Article 8 A law firm shall charge lawyers service fees in line with the ways of charging and amount or proportion of charges as concluded in Article 9 A law firm shall charge lawyers service fees directly from the clients. Where the charges are paid by the undertaking lawyer as the Article 10 A law firm shall issue legal bills to the clients in time when charging lawyers service fees from them. Article 11 Law firms shall conduct unified management on the entrustment contract, charging contract, charging bills, seals and the relevant Article 12 In accordance with the provisions of Article 8 of the Interim Measures for the Administration of Lawyers Service Charge, where the Article 13 Where a law firm on behalf of the clients pays fees for identification, appraisal, or translation, fees charged by the peoples courts Article 14 When a law firm charges fees in advance for business trip as needed for a lawyer to handle a case in a different place, it shall provide An undertaking lawyer shall not in private charge fees for business trip from the clients for handling a case in a different place. Article 15 Law firms shall supervise the pre-collection of the fees for business trip of the undertaking lawyers for their handling of a case After completing the matters entrusted, the undertaking lawyer shall submit the effective certificates of bills for use of fees and Where after auditing, the law firm deems that the items and standards of expenditure are not appropriate, the expenditure shall be Article 16 Where after completing the entrusted matters, a law firm shall settle the fees paid in advance with the clients for business trip Article 17 A law firm may, upon the approval of the relevant departments, establish a special account for depositing the contract money, enforcement A law firms shall strictly administer the special account, and prevent the risk. The payment of funds in the special account must Article 18 In case the clients do have difficulty in economy, law firms may reduce the amount of lawyers service charge or postpone the payment Article 19 No law firms may canvass business by using illegal ways of charging, nor may they give any discount to the clients by any means or Article 20 Where a law firm has any dispute with the clients due to charging fees, they shall solve it through negotiation. In case they cannot Article 21 A law firm shall be supervised and inspected by the local competent price department or administrative department of justice for its Article 22 Where a law firm and their lawyers violate the present Rules, the administrative department of justice and the lawyers associations Article 23 The present Rules shall come into force as of May 1st, 2004. |
Ministry of Justice
2004-03-19
State Administration for Industry and Commerce Circular of the State Administration for Industry and Commerce on Carrying out the Special campaign concerning Severe Crackdown on Gong Shang Ming Dian [2004] No.16 April 5, 2004 The administration for industry and commerce in all provinces, autonomous regions, municipalities directly under the Central Government In the recent years, upon the unified arrangement of the State Council, the administrative departments of industry and commerce at 1. Guiding thoughtWe shall take the important thought of the “Three Represents” as our guide and seriously put into practice the guidelines 2. FocusThe focus of special campaign shall be: to continue the full swing implementation of crackdown on pyramid selling, ban all kinds 3. Major regions and targeted enterprisesThe major regions in special campaign are Guangxi, Guangdong, Hebei, Henan, Jilin, Liaoning, 4. Specific measures (1) We shall crack down on every sign of activities and continue to remain highly alert. Each region shall start with implementing the (2) We shall lay emphasis on the key points and keep a firm hand on investigating and treating major cases. We shall make full-scale examination (3) We shall increase the strength of supervision on enterprises situated at the intersection of transformation. It is important to learn (4) We shall strengthen publicity and guidance and increase the strength of supervision by the society. We shall take various effective |
State Administration for Industry and Commerce
2004-04-05
Interpretation by the Standing Committee of the National People’s Congress Regarding Annex I (7) and Annex II (III) to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China |
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Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. | |||||||||||
AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF LATVIA ON THE PROMOTION AND The Government of the People’s Republic of China and the Government of the Republic of Latvia (hereinafter referred to as the Contracting Intending to create favorable conditions for investment by investors of one Contracting Party in the territory of the other Contracting Recognizing that the reciprocal encouragement, promotion and protection of such investment will be conducive to stimulating business Desiring to intensify the cooperation of both States on the basis of equality and mutual benefits; Have agreed as follows: Article 1 DEFINITIONS For the purpose of this Agreement. 1. The term “investment” means every kind of asset invested by investors of one Contracting Party in accordance with the laws and regulations (a) movable and immovable property and other property rights such as mortgages, pledges and similar rights; (b) shares, debentures, stock and any other kind of participation in companies; (c) claims to money or to any other performance having an economic value associated with an investment; (d) intellectual property rights, in particularly copyrights, patents, trade-marks, trade-names, technical process know-how and good-will; (e) business concessions conferred by law or under contract permitted by law, including concessions to search for, cultivate, extract Any change in the form in which assets are invested does not affect their character as investments provided that such change is in 2. The term “investor” means. (a) In respect of the Republic of Latvia; i)”natural person” means a citizen or non-citizen in accordance with the laws and regulations of the Republic of Latvia; ii)”legal person” means any legal entity such as company, corporation, firm, partnership, business association, institution or organization, (b) In respect of the People’s of Republic of China: i)natural persons who have nationality of the People’s of Republic of China in accordance with the laws of the People’s of Republic ii)legal entities, including companies, associations, partnerships and other organizations, incorporated or constituted under the 3. The term “return” means the amounts yielded from investments, including profits, dividends, interests, capital gains, royalties, fees Article 2 PROMOTION AND PROTECTION OF INVESTMENT 1. Each Contracting Party shall encourage investors of the other Contracting Party to make investments in its territory and admit such 2. Investments of the investors of either Contracting Party shall enjoy the constant protection and security in the territory of the 3. Without prejudice to its laws and regulations, neither Contracting Party shall take any unreasonable or discriminatory measures against 4. Subject to its laws and regulations, one Contracting Party shall provide assistance in and facilities for obtaining visas and working Article 3 TREATMENT OF INVESTMENT 1. Investments of investors of each Contracting Party shall all the time be accorded fair and equitable treatment in the territory of 2. Without prejudice to its laws and regulations, each Contracting party shall accord to investments and activities with such investments 3. Neither Contracting Party shall subject investments and activities associated with such investments by the investors of the other 4. Each Contracting Party shall accord to investments and activities associated with such investments by the investors of the other Contracting 5. The provisions of Paragraphs 3 of this Article shall not be construed so as to oblige one Contracting Party to extend to the investors (a) any customs union, free trade zone, economic union, monetary union and any international agreement resulting in such unions, or similar (b) any international agreement or arrangement relating wholly or mainly to taxation; (c) any arrangements for facilitating small scale frontier trade in border areas. Article 4 EXPROPRIATION 1. Neither Contacting Party shall expropriate, nationalize or take other similar measures (hereinafter referred to as “expropriation”) (a) for the public interests; (b) under domestic legal procedure; (c) without discrimination; (d) against compensation 2. The compensation mentioned in Paragraph 1 of this Article shall be equivalent to the value of the expropriated investments immediately Article 5 COMPENSATION FOR DAMAGES AND LOSSES Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war, a Article 6 TRANSFERS 1. Each Contracting Party shall, subject to its laws and regulations, guarantee to the investors of the other Contracting Party the transfer (a) profits, dividends, interests and other legitimate income; (b) proceeds obtained from the total or partial sale or liquidation of investments; (c) payments pursuant to a loan agreement in connection with investments; (d) royalties in relation to the matters in Paragraph 1 (d) of Article 1 ; (e) payments of technical assistance or technical service fee, management fee; (f) payments in connection with contracting projects (g) earnings of nationals of the other Contracting Party who work in connection with an investment in its territory. Such transfers shall be affected without delay. 2. Nothing in Paragraph 1 of this Article shall affect the free transfer of compensation paid under Article 4 and 5 of this Agreement. 3. The transfer mentioned above shall be made in a freely convertible currency and at the prevailing market rate of exchange applicable Article 7 SUBROGATION If one Contracting Party or its designated agency makes a payment to its investors under a guarantee or a contract of insurance against (a) the assignment, whether under the law or pursuant to a legal transaction in the former Contracting Party, of any rights or claims (b) that the former Contracting Party or its designated agency is enpost_titled by virtue of subrogation to exercise the rights and enforce Article 8 SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, 2. If a dispute cannot thus be settled within six months, it shall, upon the request of either Contracting Party, be submitted to an 3. Such tribunal comprises of three arbitrators. Within two months of the receipt of the written notice requesting arbitration, each 4. If the arbitral tribunal has not been constituted within four months from the receipt of the written notice requesting arbitration, 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Contracting Parties. 7. Each Contracting Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant Article 9 SETTLEMENT OF DISPUTES BETWEEN INVESTORS AND ONE CONTRACTING PARTY 1. Any legal dispute between an investor of one Contracting Party and the other Contracting Party in connection with an investment in 2. If the dispute cannot be settled through negotiations within six months from the date it has been raised by either party to the dispute, (a) to the competent court of the Contracting Party that is a party to the dispute; (b) to International Center for Settlement of Investment Disputes (ICSID) under the Convention on the Settlement of Disputes between States Once the investor has submitted the dispute to the competent court of the Contracting Party concerned or to the ICSID, the choice 3. The arbitration award shall be based on the law of the Contracting Party to the dispute including its rules on the conflict of laws, 4. The arbitration award shall be final and binding upon both parties to the dispute. Both Contracting Parties shall commit themselves Article 10 TRANSPARENCY 1. Each Contracting Party shall promptly publish, or otherwise make publicly available, its laws, regulations, procedures and administrative 2. Nothing in this Agreement shall require a Contracting Party to furnish or allow access to any confidential or proprietary information Article 11 OTHER OBLIGATIONS 1. If the legislation of either Contracting Party or international obligations existing at present or established hereafter between the 2. Each Contracting Party shall observe any commitments it may have entered into with the investors of the other Contracting Party as Article 12 APPLICATION This Agreement shall apply to investment made prior to or after its entry into force by investors of one Contracting Party in the Article 13 CONSULTATIONS 1. The representatives of the Contracting Parties shall hold meetings from time to time for the purpose of: (a) reviewing the implementation of this Agreement; (b) exchanging legal information and investment opportunities; (c) resolving disputes arising out of investments; (d) forwarding proposals on promotion of investment; (e) studying other issues in connection with investment. 2. Where either Contracting Party requests consultation on any matter of Paragraph 1 of this Article, the other Contracting Party shall Article 14 ENTRY INTO FORCE, DURATION AND TERMINATION 1. This Agreement shall enter into force on the first day of the following month after the date on which both Contracting Parties have 2. This Agreement shall continue to be in force unless either Contracting Party has given a written notice to the other Contracting Party 3. With respect to investments made prior to the date of termination of this Agreement, the provisions of Article 1 to 13 shall continue 4. This Agreement may be amended by written agreement between the Contracting Parties. Any amendment shall enter into force under the In Witness Whereof undersigned, duly authorized thereto by respective Governments, have signed this Agreement. Done in duplicate at Beijing on April 15, 2004 in the Chinese, Latvian and English languages, all texts being equally authentic. In For the Government ofFor the Government of The People’s Republic of China The Republic of Latvia PROTOCOL TO AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF LATVIA ON THE On the signing of the Agreement between the Government of the People’s Republic of China and the Government of the Republic of Latvia Ad Article 1 The People’s Republic of China takes note of the statement of the Republic of Latvia that the term “non-citizen” referred to in Article Ad Article 9 The Republic of Latvia takes note of the statement that the People’s Republic of China requires that the investor concerned exhausts For the Government ofFor the Government of The People’s Republic of ChinaThe Republic of Latvia |
The Government of the People’s Republic of China
2004-04-15