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CIRCULAR ON ISSUES CONCERNING IMPORTATION OF ALUMINUM OXIDE BY ENTERPRISES WITH FOREIGN INVESTMENT

The Ministry of Foreign Trade and Economic Cooperation

Circular on Issues Concerning Importation of Aluminum Oxide by Enterprises with Foreign Investment

WaiMaiYiZiTongJinHan [2003] No.132

February 19, 2003

The commissions (departments, bureaus) of foreign economic and trade of provinces, autonomous regions, municipalities directly under
the Central Government and municipalities separately listed on the State plan, Guangdong Sub-administration of Customs, Tianjin and
Shanghai Office and the customs directly under the General Administration of Customs:

In order to further the undertaking of the administration of importation of aluminum oxide by enterprises with foreign investment,
simplify the examination and verification procedures and reduce the examination and review links, here is to authorize the administrative
departments of foreign investment of foreign economic and trade authorities at provincial level to examine and issue the license
of automatic importation of aluminum oxide to enterprises with foreign investment of other industries than aluminum industry, the
specific items are notified as follows:

I.

Principles of examination and approval.

(1)

The applying enterprises should have been approved by force of law, which should be in compliance with the requirements of the policies
for guidance of foreign-invested industries with annual inspection qualified.

(2)

The applying enterprises are on going concerns with normal production and operations, and the production and processing do not adopt
aluminum oxide as the principal raw materials (non-aluminum processing enterprise)with a single License of Automatic Importation
for importation of aluminum oxide not exceeding 1000 tons.

(3)

The applying enterprises import aluminum oxide only for use by themselves for processing and production of products, and the imported
aluminum oxide should not be processed by other enterprises with authorization or otherwise transferred.

II.

Materials to be submitted by the applying enterprises.

(1)

Application report of the enterprises.

(2)

Certificate for approval of enterprises with foreign investment (including records on qualified joint annual inspection).

(3)

Business licenses of enterprises with foreign investment.

(4)

Contract and Articles of associations of enterprises (Articles of association only for solely funded enterprises).

(5)

Report of asset appraisal.

(6)

Operational performance of enterprises, including the financial statements and audit report of the previous year, and the importation
performance of aluminum oxide (exclusive of the newly established enterprises).

(7)

Certification of the production capacity of enterprises (including annual usage, production schedule and requirements for the demands
of raw materials).

III.

Norms on issuance of licenses.

Each place shall handle with the formalities for automatic importation of aluminum oxide with non-aluminum enterprises with foreign
investment according to the relevant provisions of the Rules for the Implementation of the Licensing Administration of Automatic
Importation of Enterprises with Foreign Investment and the above-mentioned principles of examination and approval, and issue licenses
of automatic importation through the Network Management System for Importation and Exportation of Enterprises with Foreign Investment.
Each issuing departments shall examine and verify the applications of enterprises in strict accordance with the above-mentioned principles
and requirements so as to prevent the occurrence of sales and distribution directly upon importation.

In case the aluminum enterprises with foreign investment with the business scope approved covering ￿￿processing and production of
aluminum￿￿ apply for importing aluminum oxide as the principal production material or enterprises with foreign investment import
aluminum oxide with a single License of Automatic Importation for importation of aluminum oxide exceeding 1000 tons, the administrative
departments of foreign investment of foreign economic and trade authorities at provincial level shall upon initial review submit
the case to the Foreign Investment Department of the MOFTEC for handling with the formalities for examination and verification and
issuance of licenses.

IV.

In case enterprises with foreign investment import aluminum oxide to produce products for domestic sales, the Customs handle with
the Customs clearance formalities on the basis of the License of Automatic Importation signed and stamped by the MOFTEC or the local
issuing institutions of automatic importation licenses authorized by the MOFTEC.

V.

In case enterprises with foreign investment import aluminum oxide for processing trade, the formalities should still be handled with
in compliance with the Urgent Circular on Issues Concerning Strengthening the Examination and Approval Administration of Processing
Trade of Aluminum Oxide (WaiJingMaoMaoFa [2001] No.567).

This is hereby the notification.



 
The Ministry of Foreign Trade and Economic Cooperation
2003-02-19

 






SUPPLEMENTARY PROVISIONS TO THE IMPLEMENTATION MEASURES FOR SUSPENDING AND TERMINATING THE LISTING OF FAILING LISTED COMPANIES (REVISED)

The China Securities Regulatory Commission

Circular on Promulgating the Supplementary Provisions to the Implementation Measures for Suspending and Terminating the Listing of
Failing Listed Companies (Revised)

All listed companies:

On November 30, 2001, the CSRC promulgated the Implementation Measures for Suspending and Terminating the Listing of Failing Listed
Companies (Revised) (ZhengJianFa [2001] No.147), during the enforcement of which some problems occur to be solved. With a view to
protecting the rights and interests of the investors, the Supplementary Provisions to the Implementation Measures for Suspending
and Terminating the Listing of Failing Listed Companies (Revised) has been formulated by the CSRC for implementation as of the date
of promulgation.

China Securities Regulatory Commission

March 18, 2003

Supplementary Provisions to the Implementation Measures for Suspending and Terminating the Listing of Failing Listed Companies (Revised)

With a view to protecting the rights and interests of the investors, the Supplementary Provisions have been formulated on the relevant
problems occurred during the enforcement of the Implementation Measures for Suspending and Terminating the Listing of Failing Listed
Companies (Revised):

I.

In case of material accounting errors or false records in the financial and account reports when the company took initiatives to correct
or is ordered to make corrections for carrying out backward adjustment with the financial and accounting reports of the previous
years, thus leading to losses for consecutively for the latest two years with ongoing losses in the same year when the backward adjustment
is made, the Stock Exchange shall within ten working days upon the date when the company publishes the annual reports make decisions
on temporary suspension of the listing of its stocks.

II.

Upon making decisions on temporary suspension, resumption or termination of listing when the financial and accounting reports in the
underlying regular reports were issued by CPAs with audit reports containing unreserved opinions with interpretative descriptions,
reserved opinions, negative opinions or refusal of opinions (hereinafter referred to as “audit reports with non-standard unreserved
opinions”), the Stock Exchange may organize an expert committee for making independent professional judgment on the problems of material
accounting treatment that influences the profit truthfulness involved in the audit reports with non-standard unreserved opinions,
based on which the Stock Exchange may make corresponding decisions.

III.

For the companies that have witnessed consecutive losses for the latest two years or for the companies that have witnessed consecutive
losses for the latest two years upon backward adjustments made according to the stipulations of Article 1 of the Supplementary Provisions,
in case their annual financial and accounting reports keeps on indicating losses or profits but issued with audit reports with non-standard
unreserved opinions, the Board of directors of the company shall in reviewing the annual financial and accounting reports make resolutions
on the following items, which should be submitted for review by the recent General Shareholder Meeting:

(I)

In case of temporary suspension of listing of the stocks of the company, the company shall sign an agreement with a qualified securities
firm with a covenant that (including but not limited to) the company engages the securities firm as the recommender for resumption
of the listing of the stock in question; and in case of termination of listing of the stock, the securities firm will be authorized
to provide services for share transfer and to handle with registration for withdrawal of the shares from the market registration
and settlement system of the Stock Exchange, handle with reaffirmation of the shares and handle with share registration and settlement
of the share transfer system.

The qualified securities firms refer to those eligible for “handling with the services for share transfer” and “listing reccommender”
(hereinafter referred to as the “undertaking securities firms”).

(II)

In case of temporary suspension of listing of the stocks of the company, the company shall sign an agreement with China Securities
Registration and Settlement Co., Ltd. The agreement contains a covenant that (including but not limited to) in case of termination
of share listing, the company engages China Securities Registration and Settlement Co., Ltd as the custodian, registration and settlement
institution for all its shares.

(III)

In case of termination of listing of the stocks of the company, the company shall apply for entry of its shares into the agency share
transfer system for transfer, and the shareholder meeting authorizes the Board of directors to handle with the relevant matters relating
to termination of listing of the shares of the company and entry into the agency share transfer system for transfer.

IV.

After the shareholder meeting reviews and passes the proposals mentioned in Article 3 of the Supplementary Provisions, the board
of directors shall complete the signing of agreements with China Securities Registration and Settlement Co., Ltd. and the “undertaking
securities firms”, which should be published and reported to China National Association of Securities Dealers, the agency of the
CSRC where the company is registered and the Stock Exchange.

V.

In case of termination of the listing of the stocks of the company, the undertaking securities firm shall within five workings days
after the Stock Exchange makes decision on terminating the listing of the stocks of the company publish the Public Announcements
on Relevant Matters Relating to the Share Transfer on Agency on the newspapers, magazines and Internet sites designated by the CSRC
for announcement of the following content:

(I)

Handling with the termination of the listing of shares;

(II)

Time and means for handling with the formalities for share reaffirmation; and

(III)

Conditions and arrangements for agency of share transfer.

VI.

The undertaking securities firm shall within twenty working days upon the decisions of termination of the listing of the shares of
the company by the Stock Exchange complete the initial preparatory work for the registration of the withdrawal of the shares stopped
from listing, handling with the formalities for reaffirmation of the shares for the shareholders and open the account for transfer
of the shares of a non-listing company.

VII.

In case the Board of directors fails to perform its duties relating to resumption or termination of the listing of the shares of the
company to detrimental of the legitimate rights and interests of the shareholders, the shareholders may requires for the company
to perform the duties in question and prosecute for the relevant obligations.

In case the undertaking securities firms authorized by the company fails to perform the agreement reached to detrimental of the legitimate
rights and interests of the company or the shareholders, the company may requires for the undertaking securities firm to perform
the duties in question and prosecute for the relevant obligations according to law.

VIII.

In case the public listed company fails to disclose the annual reports or semi-annual reports within the statutory periods or make
corrections to the false financial and accounting reports within the statutory periods, the Stock Exchange shall made decisions on
temporary suspension, resumption or termination of the listing of the shares of the company according to the provisions of the relevant
laws, regulations and Rules for Listing of Stocks.

IX.

Upon decisions on temporary suspension or resumption of the listing of the stocks of the listed company according to law, the Stock
Exchange shall report to the CSRC; and upon decision on termination of the listing of the stocks, the Stock Exchange shall go through
filing with the CSCRC.

X.

The Supplementary Provisions shall enter into force as of the date of the promulgation.



 
The China Securities Regulatory Commission
2003-03-18

 






INTERIM MEASURES FOR THE IMPLEMENTATION MANAGEMENT OF STATE-INVESTED LAND DEVELOPMENT RECTIFICATION PROJECTS

The Ministry of State Land Resources

Notice of the Ministry of State Land Resources Concerning Printing and Issuing on Interim Measures for the Implementation Management
of State-Invested Land Development Rectification Projects

Guo Tu Zi Fa [2000] No. 122

The ministries of state land resources of every province, autonomous region and municipality directly under the Central Government
(the ministry of state land environment resources, bureau of state land resources and housing, bureau of housing and land resources,
bureau of state land resources and planning), bureau of state land resources of Xingjiang Production and Construction Group:

In order to safeguard the smooth implementation of the state-invested land development rectification projects and to complete fully
the tasks of project construction, Interim Measures for the Implementation Management of State-Invested Land Development Rectification
Projects studied and formulated by the ministry, are hereby printed and issued, please carry out according to the local actual situation
of each place.

The Ministry of State Land Resources

April 16, 2003

Interim Measures for the Implementation Management of State-Invested Land Development Rectification Projects

Chapter I General Provisions

Article 1

In order to safeguard the smooth implementation of the state-invested land development rectification projects and to complete fully
the tasks of project construction, the Measures are hereby formulated in accordance with the provisions of the relevant laws, regulations
and policies.

Article 2

The Measures are applicable to the state-invested land development rectification projects (hereinafter referred to as the “projects”),
including key projects, model projects and subsidy-based projects.

Article 3

The implementation management of projects sticks to the following fundamental principles:

(I)

Principles of consistence between tights, duties and obligations;

(II)

Principles of openness, justice and fairness;

(III)

Principles of simplified procedures and enhancement of efficiency.

Article 4

The Ministry of State Land Resources adopts uniform supervision and management of project implementation, and local competent administration
of state land resources above county level is in charge of the supervisions and management of the project implementation sources
in corresponding administrative divisions.

Article 5

The undertaking unit of the projects shall organize for project implementation, and adopt the responsibility of the legal person of
the project.

The management and technological personnel of the undertaking unit of the projects shall meet the demands for project implementation.

Article 6

The project implementation adopts the legal person system of the project, bidding system, engineering supervision system, contracting
system, and announcement system.

Chapter II Preparation for Implementation

Article 7

Upon assignment of the project planning and budgets by the Ministry of Finance and the Ministry of State Land Resources, the competent
administration of state land resources of county level shall submit petition to the local government for establishment of project
implementation leading groups in charge of coordinating and settlement of the relevant issues during project implementation.

The competent administration of state land resources of county level shall according to the relevant provisions verify the land categories,
areas, demarcation, ownership, and compensation schemes involved in the project, and ensure that the land categories and areas as
demarcation are clear and that the ownership is legitimate free of disputes over the adjustment schemes of the ownership and compensation
schemes, thus creating favorable conditions for the implementation.

Article 8

The undertaking unit of projects shall carry out full on-site management on the project implementation and do well in the following
preparatory works:

(I)

Organizing the advisory services of organizing bid invitation, and equipment and material purchase;

(II)

Organizing bid invitation and bidding for the projects, reaching the contracted engineering agreements and authorizing for engineering
supervision management;

(III)

Preparing the annual implementation programs of the projects, the construction schedule planning and funding planning;

(IV)

Organizing and preparing the designing diagrams for project implementation; and

(V)

Establishing the relevant systems on project schedule, quality and fund utilization management.

Article 9

Upon completion of the preparation for the project implementation, the undertaking unit of projects shall summarize the circumstances
relating to the project implementation and put forth the application report on start of the projects, upon review and ratification
of which by the competent administration of state land resources of county level where the project is located the project implementation
may start.

Article 10

The undertaking unit of projects shall publish project announcements for supervisions y the mass and the society.

The contents of the project announcement shall include: project name, construction site, overall construction scale, newly increased
tillage areas, total investment of the project, construction term, land ownership, the undertaking unit of the projects, the implementation
unit of the projects, the supervisory unit of the projects, and the designing unit of the projects, etc.

Article 11

In case of any discrepancy from the relevant unit and individual over the project implementation, the undertaking unit of projects
shall be responsible for the solutions thereof; and incase of failure to solve the discrepancy, petitions should be submitted for
solution by the project implementation leading group. In case of any material issues, the competent administration of state land
resources of county level shall report to the superior competent administration of state land resources for investigation and solution.

Chapter III Engineering Implementation

Article 12

Upon start of the engineering, the undertaking unit of projects shall set up the on-site office meeting system during the project
implementation, where the implementation unit, the engineering supervisory unit, and the designing unit may be convened for coordination
and solution of the problems in implementation progress, project quality, fund utilization, and the execution of the project planning
and designing during the project implementation.

Article 13

The implementation unit of projects shall carry out the construction according to the standards of project planning and designing,
implementation designing and implementation technologies, and be responsible for the returns and repairing in case of quality issues
or unqualified construction projects upon examination of project completion. The implementation unit of projects shall establish
the quality responsibility system, and identify the managers of the engineering projects, the persons in charge of technological
issues and implementation management. In case of any errors in the planning design and the implementation designs during the implementation,
the implementation unit of projects shall timely put forth opinions and suggestions.

Article 14

The engineering supervisory unit of the projects shall carry out the supervisions with responsibilities borne in terms of engineering
quality on behalf of the undertaking unit of projects in compliance with laws, regulations and the relevant technological standards,
planning and designing and the relevant contracts. The engineering supervisory unit of the projects shall assign the supervisors
of eligible conditions to the construction site, who shall then according to the requirements of the engineering supervision standards
carry out supervision on the construction engineering of the projects, control the investment, term and quality of the project construction.

Upon completion of single unit of projects, the engineering supervisory unit of the projects shall sign opinions attached. Without
the opinions on qualification signed by the engineering supervisory unit of the projects, the undertaking unit of projects shall
not appropriate the engineering fund, and thus the implementation unit of projects may not proceed to the following process.

Article 15

The designing unit of projects provides consultation and instructions on the relevant planning and designing during the project implementation;
and in case of alteration of the planning and designing, modifications should be made as per the requirements.

Article 16

During the implementation, various units shall strictly execute the project planning, the expenditure budget and planned designing.
In case of alteration of the planned designing required, the following provisions should be followed:

(I)

If the adjustment does not involve the location of the project construction, overall construction scale, newly added tillage areas,
or budget of project expenditures, the undertaking unit of projects may make investigate and settle it at its own discretion;

(II)

If the adjustment involves the location of the project construction, overall construction scale, newly added tillage areas, or budget
of project expenditures, the undertaking unit of projects shall report to the original approval authority for ratification.

Article 17

In case of adjustment of the ownership of land due to the alteration of planning and designing, the original ownership adjustment
schemes should be supplemented and explained, which shall then be reported for determination by the local competent administration
of state land resources of county level.

Chapter IV Preparation for Acceptance Examination upon Project Completion

Article 18

Upon completion of the tasks of the project construction, the undertaking unit of projects shall do well in self-examination on the
project construction according to the provisions of the contract.

The following conditions shall be available for self-examination of the project construction:

(I)

The implementation unit of projects has submitted the delivery report, completion drawing of project and warranty letter of the project;

(II)

The engineering supervisory unit of the projects has submitted the supervision report;

(III)

Complete technological archives and implementation management materials.

Article 19

The undertaking unit of projects shall within a month after self-examination of the project submit the application report to the local
competent administration of state land resources of county level for self-examination of the project completion, arrange the relevant
materials and make preparations for the acceptance examination upon completion of the project.

The acceptance examination upon completion of the project shall be executed in compliance with the relevant provisions of the Interim
Measures for Acceptance Examination upon the Completion of the State-invested Land Development Rectification Projects (GuiTuZiFa
[2003] No.21).

Article 20

The undertaking unit of projects shall according to the relevant provisions timely collect and arrange the relevant documents, materials
and graphics during the project implementation, set up and perfect the project archives, and timely submit the project archives to
the local competent administration of state land resources of county level for filing after the acceptance examination upon completion
of the project.

Chapter V Supervisions and Inspection

Article 21

Various levels of the competent administration of state land resources shall set up the supervisions and inspection system with the
project progress, engineering quality, capital utilization, and construction of honest government, thus, investigating and solving
material issues during project implementation.

Article 22

Various levels of the competent administration of state land resources shall according to the relevant laws and regulations correct
the misbehaviors during the project implementation and investigation on the responsible persons in breach of law and disciplines.
Those involved in serious circumstances that constitute a crime shall be transferred for prosecution of criminal responsibilities
by the judicial organs according to the relevant laws.

Article 23

Any unit and individual is enpost_titled to make reports, petitions or claims on the quality incidents and quality defects of the construction
engineering of the projects.

Chapter VI Supplementary Provisions

Article 24

The implementation management of the land development rectification projects invested by local government shall be executed by reference
with these Measures.

Article 25

The funding management for project implementation shall be executed in compliance with the relevant provisions of The Interim Measures
for Funding Management of Land Development Rectification Projects (GuoTuZiFa [2000] No. 282).

Article 26

The Measures shall come into force as of the date of promulgation.



 
The Ministry of State Land Resources
2003-04-16

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE CONCERNING DISTRIBUTING THE RULES FOR THE IMPLEMENTATION OF MEASURES FOR STATISTIC DECLARATION OF INTERNATIONAL BALANCE OF PAYMENTS

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange Concerning Distributing the Rules for the Implementation of Measures for
Statistic Declaration of International Balance of Payments

HuiFa [2003] No.21

February 21, 2003

Branches and foreign exchange administration departments under the State Administration of Foreign Exchange in provinces, autonomous
regions and municipalities directly under the Central Government, and branch administrations of Shenzhen, Dalian, Qingdao, Xiamen,
Ningbo; and Chinese-capital designated banks of foreign exchange:

In order to adapt to the changes of the system of statistic declaration of international balance of payments (IBOP), the State Administration
of Foreign Exchange revised the Rules for the Implementation of Measures for Statistic Declaration of International Balance of Payments,
which has been discussed at the meeting of the State Administration of Foreign Exchange and are hereby transmitted to you. The branch
administrations of foreign exchange shall distribute the Rules to the foreign-funded banks within their jurisdictions and relative
Chinese-capital designated banks of foreign exchange shall transmit the Rules to their branches for implementation. Attachment:Rules for the Implementation Measures for Statistic Declaration of Balance of International Payments

Article 1

These Rules are formulated according to the Measures for Statistic Declaration of IBOP.

Article 2

The State Administration of Foreign Exchange and its branches (hereinafter referred to as AFE) is the administrative authority responsible
for IBOP. Any bargainer shall declare its foreign trades and corresponding IBOP in any payment way including electronic payment in
local and foreign currency and cash according to relative provisions.

Article 3

Chinese residents who receive money from abroad through domestic financial institutions shall make statistic declaration of IBOP according
to relative operating procedures. The paying bank shall transmit the information on statistic declaration of IBOP through computer
system to AFE according to the provisions.

If a Chinese resident fails to make a declaration of IBOP according to the operating procedures within the declaring period, the money
received from abroad within such period stipulated by AFE may be paid by the paying bank only after the statistic declaration of
IBOP has been completed.

For non-Chinese residents who receive money from abroad through domestic financial institutions, such domestic financial institutions
shall make statistic declaration of IBOP according to the operating procedures and transmit the information on statistic declaration
of IBOP through computer systems to AFE.

Article 4

Chinese residents who pay money to abroad through domestic financial institutions shall make statistic declaration of IBOP according
to relative operating procedures. The paying bank may make the payments only after receiving the declarations and shall transmit
the information on the statistic declaration of IBOP through computer systems to AFE according to the provisions.

For non-Chinese residents who pay money to abroad through domestic financial institutions, the domestic financial institutions shall
make statistic declaration of IBOP according to the operating procedures and transmit the information on such declaration through
computer systems to AFE.

Article 5

For payees who receives money from abroad and payers who send money to abroad through domestic post institutions, the post institutions
shall be responsible for the statistic declaration of IBOP.

Article 6

China domestic currency exchange institutions that are engaged in exchanges from RMB into foreign or currency and vise versa shall
fill in the agiotage statistic declaration forms and declare these agiotage transacted to AFE according to relative provisions.

Article 7

Enterprises with Foreign investment in China and enterprises with direct investment abroad shall fill in the statistic declaration
forms of direct investment, and directly declare AFEs with the information on owner’s equity, credit/debt status and allocation of
dividends and interests.

Relative administrations shall provide the AFE with the foreign-related information concerning assets transfer, acquisition, merger,
reconstruction and disposition.

Article 8

The foreign-related securities investment shall be declared in term of the following provisions:

(1)

For the foreign-related securities transactions through China domestic securities exchanges, the domestic securities registration
institutions or securities exchanges shall fill in the statistic declaration forms of securities investments, and declare to AFE
these transactions and relative information concerning incomes/expenditure and allocations of dividends and interests.

(2)

For the securities transactions not through domestic securities exchanges (including securities business on own accounts and through
agents), the domestic securities dealers or domestic investors shall fill in the statistic declaration forms of securities investments,
and declare to AFE these transactions and relative information concerning incomes/expenditures and allocations of dividends and interests.

(3)

Chinese domestic institutions that have issued securities within China shall fill in the statistic declaration forms of securities
investments, and declare to AFE with these transactions and relative information concerning incomes/expense and allocations of dividends
and interests.

Article 9

Foreign-related futures and options shall be declared in the light of the following provisions:

(1)

For the foreign-related futures and options transacted through domestic future/option exchanges (exchange centers), such exchanges
(exchange centers) shall fill in the statistic declaration forms of securities investments, and declare to AFE these transactions
and relative information concerning incomes/expenditures.

(2)

For foreign-related futures and options transacted not through domestic future/option exchanges (exchange centers), the domestic securities
dealers or domestic investors shall fill in declaration forms of future/option transactions and report to AFE these transactions
and relative information concerning incomes/expenditures.

Article 10

Domestic financial institutions within China shall fill in the declaration forms of balance sheets and profit/loss statements of their
own assets abroad, and directly declare to AFE the information of balance and profit/loss of these assets.

Article 11

The Chinese non-financial institutions that opened overseas bank accounts shall fill in the declaration forms of incomes and expenditures
of overseas bank accounts, and declare to AFE the balances and changes of the overseas bank accounts, and provide to AFE relative
bank statements.

Article 12

The staff engaged in the statistic declaration of IBOP shall be trained for statistic declaration of IBOP and shall reach relative
levels.

Article 13

Branch administrations of foreign exchange shall transmit the information on statistic declaration of IBOP to the AFE at higher level
through computer system in the light of relative requirements.

Article 14

Any financial institution dealing with foreign exchange that fails to declare IBOP shall be imposed a warning according to provisions
of the Article 25 in Punishment Measures for Financial Illegal Activities and a fine of no less than 50,000 and no more than 300,000;
and the senior manager, the leading members who are directly in charge and other persons who are directly responsible for the offence
shall be imposed with disciplinary punishment of demerit record even expulsion; in case of serious offence, the senior manager who
is directly in charge of the financial institution shall be imposed with disciplinary punishment of dismissal even expulsion.

Article 15

For other acts in violation of the Measures of Statistic Declaration of International Balance of Payments, AFE shall impose them with
respective or contemporary warning and fine according to actual circumstances.

(1)

Failing to declare or failing to perform the responsibility of conveying the information;

(2)

Causing missing of declaration information on IBOP;

(3)

Misdeclaring, giving false information or disguising IBOP transactions;

(4)

Frustrating, impeding or destroying the examination or auditing by AFE on declaration information on IBOP.

The sum of penalties in above Paragraphs 1, 2 and 3 in this Article shall be within a range of 1%-5% for a single IBOP, but shall
be no more than RMB 30,000. The penalty in above Paragraph 4 in this Article shall be decided by AFE according to the seriousness
of the violation, but shall be no more than RMB 30, 000.

Article 16

AFEs shall investigate, examine and audit the statistic declaration acts for IBOP according to the Procedures of Punishments of the
State Administration of Foreign Exchange during Auditing the Statistic Declarations of IBOP, and relative institutions and their
staffs shall provide convenience for such investigation, examination and audit.

Article 17

For any violation of confidential regulations or leaking out the specific statistic declaration information on IBOP by the AFE, relative
institutions and staff may request the local AFE or upper level for disposing the offenders.

Article 18

The State Administration of Foreign Exchange is responsible for the interpretation for these Rules.

Article 19

These Rules shall enter into force as of March 1, 2003. The Rules of Implementation of Measures for Statistic Declaration of International
Balance of Payments promulgated by the State Administration of Foreign Exchange on November 23, 2003 shall be nullified simultaneously.



 
The State Administration of Foreign Exchange
2003-02-21

 






MEASURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING SUPERVISION AND ADMINISTRATION ON PROCESSING TRADE ENTERPRISES THROUGH COMPUTER INTERCONNECTION

The General Administration of Customs

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

No.100

Adopted at the official meeting of the General Administration of Customs on September 26, 2001, Measures of Customs of the People’s
Republic of China Concerning Supervision and Administration on Processing Trade Enterprises through Computer Interconnection is now
promulgated and effective as of the date of April 1, 2003.

Director of the Administration Mou Xinsheng

March 19, 2003

Measures of the Customs of the People’s Republic of China Concerning Supervision and Administration on Processing Trade Enterprises
through Computer Interconnection

Chapter I General Provisions

Article 1

These Measures are formulated in accordance with the Customs Law of the People’s Republic of China and other laws and administrative
regulations, for the purpose of regulating Customs’ administration on processing trades and implementing relevant provisions of the
Circular of the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation on Some Issues Concerning
Supporting the Development of High-and-New Technology Industries.

Article 2

The Customs’ supervision and administration on processing trade enterprises through computer interconnection refers to a method adopted
by Customs to supervise and administrate the bonded goods, by means of collecting financial logistics, production and operation data
necessary for supervision and administration with the help of computer networks connecting the processing trade enterprises which
whole processes are managed by computers with the computer management system of the Customs. The Customs shall verify the data of
production and logistics of the processing trades through computer network and perform on-site checks on the bonded goods according
to circumstances. The processing trades shall go through relevant formalities, such as records, alteration, verification and product
import/export with the Customs through the computer networks.

Article 3

A processing trade enterprise that is supervised and administrated through the computer networks (hereinafter referred to as a networked
enterprise) shall be exempted from the system of machine account on bank guarantee funds.

Article 4

The networked enterprise shall provide the Customs faithfully with the data of enterprise record, import, inventory, export, single
loss and finance which are requested for Customs Supervision.

Article 5

The Customs shall, according to the requests from the enterprise, keep the business secrets confidential.

Article 6

The enterprise applying for networking supervision and administration shall:

(1)

be a manufacturing enterprise that is export-oriented, with independent legal entity qualification within the jurisdiction of Chinese
Customs, qualified for processing and a manufacturing and registered with the Customs;

(2)

operate lawfully and creditably, with normative internal management and computer management throughout the whole process of purchasing,
manufacturing, inventorying and marketing, etc.;

(3)

is able to provide actual, accurate, complete and verifiable data according to the requirement of the supervision and administration
of the Customs;

(4)

enjoys Class A administration by the Customs; and

(5)

possesses efficient assets or capital as an overall guaranty for its financial responsibilities supposed for networking supervision
and administration.

Article 7

The an enterprise meeting with above conditions shall, prior to performing networking administration, apply to the competent Customs
office directly under the General Administration of Customs and the competent department of the Ministry of Foreign Trade and Economic
Cooperation, for performing networking supervision and administration and for the mode of approval. When the application is approved,
a Warranty for Liabilities of Networking Supervision and Administration shall be entered between the competent Customs office directly
under the General Administration of Customs and the enterprise, which shall be reported to the General Administration of Customs
for approval.

Chapter II Administration via Electronic Account Book

Article 8

The Customs shall, on the basis of the business scope approved by relevant competent department of the government, annual capacity
and other conditions of the processing trade, establish an electronic account book as a substitute for Registration Handbook for
processing trades and implement electronic account book administration to the networked enterprise.

Article 9

According to practical requirement of manufacturing, a networked enterprise may apply to the Customs for going through the formalities
for filing for the imported materials/parts, exported finish-products and loss of finished products.

Article 10

When alternation to the content of the electronic account book is necessary, a networked enterprise shall go through corresponding
formalities of examination and approval as well as alternation according to relevant provisions.

Chapter III Administration on Import and Export

Article 11

A networked enterprise shall be verified on its authentication and shall go through formalities of clearance and reporting for verification
for import and export through computer network.

Article 12

The imported materials and exported finish-products of a networked enterprise shall be within the scope verified for electronic account
book when going through formalities of clearance.

The Customs shall accept the declaration of a networked enterprise based on the electronic ledger, electronic authentication card
and other relevant documents.

Article 13

For a case of applying to the customs for the products at other locations, the competent customs shall transmit relevant data in electronic
account book to the Customs at the port.

Article 14

Any transfer of deep-processing transaction carried forward between networked enterprises or between a networked enterprise and a
non-networked enterprise, the networked enterprise shall, by presenting authentication card, electronic account book or Registration
Handbook, go through carry-forward formalities and customs entry according to relevant provisions.

Chapter IV Audit and Verification

Article 15

A networked enterprise shall report for verification periodically and implement a system of stage-by-stage verification by Customs.

Article 16

A networked enterprise shall report for verification in accordance with the time period and the requirement regulated by the Customs.

Article 17

The customs shall verify the data reported by the networked enterprise and may call and read relevant management data, account books
and other materials about a enterprise, go to the enterprise to have a on-site investigation, and even carry out external auditing
according to the needs of supervision and administration.

Article 18

A networked enterprise shall be pursuant to the relevant provisions in force it needs to sell its products to domestic market due
to some reasons.

The commence date of collecting the interests of stayed tax shall be calculated on the basis of defined verification cycle.

Article 19

When going through formalities of verification, the customs will compare the remaining materials recorded in the electronic account
book with the actual stocks of a networked enterprise. The deficiency/excess of the materials shall be disposed in accordance with
relevant provisions after verification.

Article 20

The Customs shall make a confirmation on the result of the verification and feedback the verification conclusion to networked enterprise.

Chapter V Legal Liability

Article 21

The competent Customs shall, according to the situation, levy on a networked enterprise a guarantee fund equivalent to one half of
the tax on bonded materials/parts of approved production turnover or request for a letter of guarantee issued by a bank, if the networked
enterprise:

(1)

has been degraded to Class B or Class C administration;

(2)

has failed to pass annual inspection;

(3)

is under investigation, suspected of being involved in smuggling;

(4)

has failed to deliver actual, accurate and complete data to the competent Customs in accordance with the provisions; or

(5)

has committed other activities, interfering the Customs to supervise and administration effectively.

Article 22

The Customs has the right to cancel the electronic account of a networked enterprise if this enterprise:

(1)

has been revoked the operation qualification by competent department of the government;

(2)

has stopped engaging in the processing trades; or

(3)

has been degraded to Class D administration.

Article 23

The Customs may suspend or cancel the applicable convenient clearance procedures for a networked enterprise that has committed any
of the activities prescribed in Article 21 and 22 in these Measures. The suspension and cancellation of the applicable convenient
clearance procedures shall be in accordance with the provisions of the Provisions of Examination and Approval on Convenient Clearance
Procedures Applicable to Large-sized Enterprises of High and New Technology (Decree No. 86 of the General Administration of Customs).

Article 24

An enterprise that has committed smuggling and violation of laws shall be disposed by the Customs according to the provisions of the
Customs Law of the People’s Republic of China and Rules for the Implementation of Administrative Penalty of the Customs Law of the
People’s Republic of China.

Chapter VI Supplementary Provisions

Article 25

The General Administration of Customs is responsible for the interpretation of these Measures.

Article 26

These Measures shall enter into force as of April 1, 2003.



 
The General Administration of Customs
2003-03-19

 






MEASURES FOR THE IMPLEMENTATION OF MADRID INTERNATIONAL REGISTRATION OF TRADEMARKS

The State Administration for Industry and Commerce

Order of the State Administration for Industry and Commerce of the People’s Republic of China

No. 7

Measures for the Implementation of Madrid International Registration of Trademarks deliberated and adopted by the bureau service conference
of the State Administration for Industry and Commerce of the People’s Republic of China, are hereby promulgated and shall be come
into force as of the day of June 1, 2003.

Director of the State Administration for Industry and Commerce, Wang Zhongfu

April 17, 2003

Measures for the Implementation of Madrid International Registration of Trademarks

Article 1

The Measures are formulated in accordance with Article 12 of the Regulation for the Implementation of the Trademark Law of the People’s
Republic of China (hereinafter referred to as the Regulation).

International registration of trademarks prescribed in Article 12 of the Regulation shall mean the international registration of
trademarks made in accordance with the Madrid Agreement Concerning the International Registration of Trademarks (hereinafter referred
to as the Madrid Agreement), the Protocol Relating to the Madrid Agreement Concerning International Registration of Trademarks (hereinafter
referred to as the Madrid Protocol) or the Common Regulations on Implementing the Madrid Agreement Concerning the International Registration
of Trademarks and the Protocol Relating to that Agreement (hereinafter referred to as the Common Regulations).

Article 2

The Measures shall apply to the applications for international registration of trademarks with China as the country of origin, applications
designating China for territorial extension, and other related applications.

The overseas registration of trademarks not through the Madrid system shall not fall within the governing scope of the Measures. The
applicant may entrust a trademark agency organization, or a foreign representative or law firm, or its branch company abroad to make
the registration.

Article 3

Whoever applies for international registration of a trademark with China as the country of origin shall have a genuine and effective
industrial and commercial business place in China, or have its domicile in China, or have the nationality of China.

Article 4

For an applicant with the qualifications prescribed in Article 3 of the present measures for international registration of trademarks,
if his/its trademark has been registered in the Trademark Bureau of the administrative department for industry and commerce under
the State Council (hereinafter referred to as the Trademark Bureau), he/it may apply for international registration of the trademark
in accordance with the Madrid Agreement.

For an applicant with the qualifications prescribed in Article 3 of the present measures for international registration of trademarks,
if his/her trademark has been registered in the Trademark Bureau, or an application for registration of the trademark has been filed
to the Trademark Bureau, he/it may apply for international registration of the trademark in accordance with the Madrid Protocol.

Article 5

Whoever applies for the international registration of a trademark shall handle the application through the Trademark Bureau.

The applicant or the trademark agency organization which he/it entrusts may either directly submit an application to the Trademark
Bureau, or post the application to the Trademark Bureau.

Article 6

Whoever applies for the later-stage designation, waiver, cancellation, etc. concerning the international registration of marks related
to the Madrid Agreement shall handle the said matters through the Trademark Bureau. Whoever applies for the transfer, abridgement,
modification of the registrant’s name or address, modification of the agent’s name or address, renewal, etc. concerning the international
registration of marks related to the Madrid Agreement may handle the said matters either through the Trademark Bureau, or directly
in the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau).

Whoever applies for the later-stage designation, transfer, abridgement, waiver, cancellation, modification of the agent’s name or
address, modification of the agent’s name or address, renewal, etc. concerning the international registration of marks related to
the Madrid Protocol may handle the said matters either through the Trademark Bureau, or directly in the International Bureau.

The applicant or the trademark agency organization entrusted may, when filing an application through the Trademark Bureau, either
directly submit or post the application to the Trademark Bureau.

The applicant or the trademark agency organization entrusted may, when filing an application directly to the International Bureau,
either submit or post the application to the International Bureau.

Article 7

Whoever applies for international registration of a trademark or handles other related matters through the Trademark Bureau may fill
in the involved forms either in the English or French style provided by the International Bureau, or in the Chinese style made by
the Trademark Bureau, provided that it shall pay the translation fee to the Trademark Bureau.

Whoever applies for international registration of a trademark or handles other related matters shall in addition to paying the fees
prescribed in the Common Regulations pay the service fee to the Trademark Bureau.

Article 8

Where the applicant for international registration of a trademark is a natural person, he shall clearly write down his Chinese name.
Where the applicant is a legal person or other organization, it shall clearly write down its full name in Chinese.

Where a natural person, legal person or other organization has a corresponding translated name in a foreign language, he/it may indicate
the translated name in the foreign language. Where there is no such a translated name in the foreign language, he/it shall indicate
the corresponding Chinese phonetic alphabet.

Article 9

The applicant shall indicate his/its detailed address (including the communication address and the zip code), telephone number, fax
number, etc. in the application for international registration of a trademark.

Article 10

One application for international registration of a trademark may either designate one class of commodities or services, or designate
two or more classes of commodities or services.

Article 11

An applicant shall, when applying for international registration of a trademark, submit the following annexes:

(1)

1 photocopy of domestic trademark registration certificate, or 1 photocopy of the notification on acceptance of the application for
registration of trademark that is issued by the Trademark Bureau;

(2)

1 proof on the right of priority if claimed;

(3)

1 proof on the applicant’s qualifications, such as a photocopy of the business license, a photocopy of the residence proof, or a photocopy
of the identity certificate, etc.;

(4)

1 power of attorney if the application is in the form of an entrusted agency;

(5)

2 patterns of the trademark, the size of which shall be no more than 80mm*80mm, and no less than 20mm*20mm.

Article 12

The date when the Trademark Bureau receives the application for international registration of a trademark shall be the application
date.

Where the application for international registration of the trademark is not filled in as prescribed, the Trademark Bureau shall return
the application, and the application date shall not be reserved.

Where the particulars of the application are basically complete but still need to be supplemented, the Trademark Bureau shall notify
the applicant or his agent to supplement them within 15 days as of the receipt of the notice. The date when the Trademark Bureau
serves the supplementary notice to the party concerned by post shall be the post stamp date of receipt by the party concerned of
the said notice. If the post stamp date is not clear or there is no post stamp, or the application is not returned by the post office,
it shall be deemed as having been served to the party concerned 15 days after the notice is sent out. If the said particulars are
not supplemented, the application shall be deemed as having been waived, and the Trademark Bureau shall notify the applicant in writing.

With respect to an application for international registration of a trademark or other application filed through the Trademark Bureau,
the applicant shall pay the relevant fees to the Trademark Bureau if so required by the provisions within 15 days as of the receipt
of the Trademark Bureau’s notice on payment of such fees. The date when the Trademark Bureau serves the notice on payment of fees
to the party concerned by post shall be the post stamp date of receipt by the party concerned of the said notice. If the post stamp
date is not clear or there is no post stamp, or the application is not returned by the post office, it shall be deemed as having
been served to the party concerned 15 days after the notice on payment of fees is sent out. If the fees remain unpaid after the expiry
of the time limit, the application shall be deemed as having been waived, and the Trademark Bureau shall notify the applicant in
writing.

Article 13

Where the Trademark Bureau notifies the International Bureau to reject according to the power an application designating China for
territorial extension, it does no longer have to confirm the rejection with the International Bureau.

Article 14

Within 3 months as of the first day of the next month after the World Intellectual Property Organization’s “Gazette of International
Trademarks” is published; anyone may propose dissents to the Trademark Bureau regarding the application designating China for territorial
extension, which is published on the Gazette.

One dissent application may involve one class of commodities or services, or involve two or more classes of commodities or services.

Where the dissenter withdraws his application for dissent, the Trademark Bureau shall terminate the dissent procedure, and notify
the party concerned in writing.

Article 15

The applicant for territorial extension of a collective trademark or certification trademark designating China shall, within 3 months
as of the date when the trademark is registered in the international registration book of the International Bureau of the World Intellectual
Property Organization, submit through a trademark agency organization the proof of subject qualification, the administrative rules
on the use of trademarks and other documents of proof to the Trademark Bureau in accordance with the relevant provisions.

Where the applicant fails to submit the proof of subject qualification, the administrative rules on the use of trademarks and other
documents of proof within the above said 3 months, the Trademark Bureau shall reject the application for territorial extension of
the collective trademark or certification trademark.

Article 16

Where a transferor fails to apply for transferring his/its trademark in all classes in accordance with the law, the Trademark Bureau
shall notify the registrant for international trademark to make a correction within 30 days as of the receipt of the notice; if the
transferor fails to make the correction before the expiry of the time limit, the Trademark Bureau shall make a decision that the
transfer is invalid in China, and shall declare that to the International Bureau. If the party concerned refuses to accept the Trademark
Bureau’s declaration, he/it may, within 30 days as of the receipt of the Trademark Bureau’s declaration, bring a lawsuit to the people’s
court. If the party concerned fails to bring a lawsuit before the expiry of the time limit, the Trademark Bureau’s decision shall
become effective. The effective date shall be the date when the Trademark Bureau makes the decision.

Where the abridgement of contents does not conform to the requirements of China on classification of commodities and services, the
Trademark Bureau shall make a decision that the abridgement is ineffective in China, and shall declare that to the International
Bureau. If the party concerned refuses to accept the Trademark Bureau’s declaration, he/it may, within 30 days as of the receipt
of the Trademark Bureau’s declaration, bring a lawsuit to the people’s court. If the party concerned fails to bring a lawsuit before
the expiry of the time limit, the Trademark Bureau’s decision shall become effective. The effective date shall be the date when the
Trademark Bureau makes the decision.

Article 17

Whoever intends to permit others to use his/its internationally registered trademark inside the territory of China shall grant the
permission in accordance with the Trademark Law and the Regulation.

Article 18

Where an applicant for territorial extension designating China replaces the registration of trademarks in China by the international
registration of trademarks, the international registration shall not impact the already obtained right to registration of trademarks
in China.

Whoever demands to replace the registration in a prior country by the international registration in the trademark registration book
of the Trademark Bureau shall handle the replacement through a trademark agency organization, and shall pay fees as prescribed.

Article 19

Where an internationally registered trademark that has been protected in China is under any of the circumstances prescribed in Article
41 of the Trademark Law, the trademark owner or interested person or other person may, in light of different situations, apply to
the Trademark Review and Adjudication Board for ruling the dispute or ruling to revoke the trademark which has been protected in
China. The application for ruling shall be filed after the expiry of the time limit for rejection of the trademark in China.

Article 20

Whoever designates China to protect international registration of trademarks may, as of the date when the time limit for rejection
of his/its trademark has expired, entrust a trademark agency organization to apply to the Trademark Bureau for issuing the certificate
proving that his/its trademark has been protected in China.

Article 21

The Measures shall enter into force as of June 1, 2003. The Measures for the Implementation of Madrid International Registration of
Trademarks promulgated by the State Administration for Industry and Commerce on May 24, 1996 shall be repealed simultaneously.



 
The State Administration for Industry and Commerce
2003-04-17

 






CIRCULAR ON THE RELEVANT WORK OF ANNUAL JOINT EXAMINATION OF ENTERPRISES WITH FOREIGN INVESTMENT OF 2003

The Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission, the Ministry of Finance, the General
Customs Administration, the State Administration of Taxation, the State Administration for Industry and Commerce, the State Administration
of Foreign Exchange

Circular on the Relevant Work of Annual Joint Examination of Enterprises with Foreign Investment of 2003

WaiJinMaoZiFa [2002] No.591

February 24, 2003

The commissions (departments, bureaus) of foreign trade and economic cooperation, economic and trade commissions (economic commissions),
departments (bureaus) of finance, state tax bureaus, local tax bureaus, administrations for industry and commerce, administrations
of foreign exchange of provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately
listed on the State plan, Guangdong Sub-administration of Customs and the customs directly under the General Administration of Customs:

Through the efforts of recent years, the annual joint examination of enterprises with foreign investment has played an important role
in improving the soft environment for investment, alleviating the enterprises’ burden and strengthening the communication and coordination
between the government departments. For successful progress of the annual joint examination of enterprises with foreign investment
of the whole country in 2003, and to keep on implementing the spirits of the Circular on the Implementation Scheme on Annual Joint
Examination of Enterprises with Foreign Investment (WaiJinMaoZiFa [1998] No.938, hereinafter referred to as the Circular), the relevant
issues are hereby notified as follows:

I.

The period from March 1 through May 31, 2003 is the work time of the annual joint examination of enterprises with foreign investment.
The localities shall organize the annual joint examination of enterprises with foreign investment strictly in accordance with the
requirements of the Circular, and the departments shall actively participate in the examination.

II.

The localities shall enhance the publicity of annual joint examination of enterprises with foreign investment, and strive to have
more enterprises participate in the examination. For those failing to declare for annual examination, failing to make faithful reports
in the annual examination or committing law-breaking or rule-breaking acts in production or business operations, the departments
of annual joint examination shall dealt with the punish the offenders pursuant to the laws and regulations.

III.

The localities shall promptly correct the acts not in line with the guidance of the Circular, prohibit those participating the examination
in other’s name, strengthen the direction for basic-level annual joint examination, inspect the progress of the examination work
and the implementation of the Circular, get to know and coordinate the settlement of the problems arising in the examination in a
timely manner, and guarantee the successful progress of the annual joint examination of their respective localities.

IV.

The departments of annual joint examination shall strengthen the communication and coordination between themselves. The departments
shall take the examination as an opportunity to change their administration methods, and shall stress the role of integrated coordination
and administration between the departments. The departments shall strengthen the coordination of the annual joint examination under
the leadership of the people’s governments at corresponding levels. The localities with necessary conditions shall have the departments
carry out the annual joint examination together, and the local finance shall give support. The departments shall exchange opinions
through joint work and conference, earnestly carry out the provisions of the Circular and improve the level of annual joint examination.

V.

The localities shall strengthen the administration of intermediary agencies, regulate the acts of the intermediary agencies e.g. accounting
firms etc, formulate specific regulations on the services that need to be provided by intermediary agencies, and impose heavier punishment
on those intermediary agencies with rule-breaking operations. The problems of accounting firms and other intermediary agencies found
out during the annual examination shall be passed on to the departments in charge in a timely manner.

The ￿￿Form of Foreign Exchange Payment￿￿ in the Circular on Adjustment of the ￿￿Form of Foreign Exchange Content￿￿ in the Annual Examination
of Foreign Exchange of Enterprises with Foreign Investment (HuiFa [2002] No.124) jointly distributed by the State Administration
of Foreign Exchange and the Ministry of Finance shall still be filled in by registered public accountants.

VI.

The relevant departments of annual joint examination shall cooperate closely, sort out, nullify and revoke the enterprises that have
no capital, site and structure. The number of the enterprises that have been deprived of the approval certificate in the current
year and the accumulative number of such enterprises shall be counted, and the information about sorting out, nullification and revocation
shall be indicated in the summary of the annual joint examination.

VII.

According to the Circular, the departments of annual joint examination may not add new charges, except that the administrations for
industry and commerce may take the charges according to the original standards. The departments shall firmly sort out and stop those
that, in violation of the provisions, take charges from enterprises or do so in disguised forms by the chance of annual joint examination,
or conduct annual examinations over enterprises with foreign investment without approval of the State Council, thus increasing the
enterprises’ burden by taking arbitrary charges or imposing random examinations.

VIII.

In order to improve the efficiency of annual joint examination and alleviate the enterprises’ burden, pilot projects of on-line annual
joint examination of enterprises with foreign investment will be carried out in Anhui, Beijing, Shanghai and Shenzhen etc, and will
be spread to other regions of China with the necessary conditions.

IX.

The departments shall strengthen the training of the functionaries of annual joint examination, enhance their sense of service and
operation quality, to provide open, transparent and normative services to the enterprises. And annual joint examination consultation
and complaint agencies shall be set up to accept the inquiries and complaints filed by enterprises with foreign investment.

X.

In order to guarantee the quality of the data gathered through the annual joint examination, the data of the localities shall go through
the preliminary joint review on a regional basis before being submitted, and the departments in charge of foreign trade and economic
cooperation of the localities shall make good preparations for the joint review.

XI.

The localities shall strengthen the statistics and analysis of the annual examination data, use the information and materials obtained
through the examination to analyze in depth the production and business operations and the general problems of enterprises with foreign
investment, and to carry out wide-range survey, study and communication.

This is hereby the notification.



 
The Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission, the Ministry of Finance,
the General Customs Administration, the State Administration of Taxation, the State Administration for Industry and Commerce, the
State Administration of Foreign Exchange
2003-02-24

 






INTERIM MEASURES FOR ADMINISTRATION OF ASSOCIATIONS OF ENTERPRISES FUNDED BY TAIWAN COMPATRIOTS

Taiwan Affairs Office of the State Council, The Ministry of Civil Affairs

Notice of Taiwan Affairs Office of the State Council and the Ministry of Civil Affairs Concerning Printing and Issuing Interim Measures
for Administration of Associations of Enterprises Funded by Taiwan Compatriots

Taiwan affairs office and the ministry of civil affairs of every province, autonomous region and municipality directly under the Central
Government, Taiwan affairs office and the ministry of civil affairs of every city specifically designated in the state plan:

Interim Measures for Administration of Associations of Enterprises Funded by Taiwan Compatriots are hereby printing and issuing, please
carry out.

Taiwan Affairs Office of the State Council

The Ministry of Civil Affairs

March 20,2003

Interim Measures for Administration of Associations of Enterprises Funded by Taiwan Compatriots

Article 1

These measures are formulated for the purpose of guaranteeing the legal rights and interests of the Associations of Enterprises Funded
by Taiwan Compatriots (hereinafter referred as to AETCs), accelerating economic communications and cooperation between the Mainland
and Taiwan and normalizing the administration, according to the Law of the People’s Republic of China on Protection of the Investments
of Taiwan Compatriots as well as the Administrative Regulations of Associations Registration.

Article 2

AETCs refer to the associations legally established voluntarily which principal members are the enterprises funded by Taiwan compatriots
(hereinafter referred as to ETC) and registered in the Mainland China.

Article 3

AETCs shall abide by the State’s constitutions, laws and regulations and shall not endanger reunification of the country, security
of the State and solidarity of the nations, and shall not impair the State’s interests, public interests or citizen legal rights
and interests.

Article 4

The State protects the legal rights and interests of AETCs and their members as well as legal activities according to their corporate
charters.

Article 5

AETCs take a purpose of serving their members and accelerating the communications and cooperation between the Mainland and Taiwan.
Their key operations include:

(1)

Developing association and communication activities;

(2)

Providing the members with consulting services on State’ laws and regulations and economic information;

(3)

Communicating between the members and local governments and relevant administrative organs, reporting opinions, suggestions and demands
on production and operation from the members, and maintaining the legal rights and interests of the members.

(4)

Accelerating the economic communications and cooperation between the local economies and Taiwan Region.

(5)

Hosting social and commonweal activities;

(6)

Helping the members to solve the problems met in the work and life.

Article 6

The Taiwan Affairs Office of the State Council and relevant Taiwan affairs offices of local peoples’ governments are the supervising
organs for the operations of AETCs. The relevant Taiwan affairs offices of local peoples’ governments and civil affairs administrations
are responsible for directing the operations of AETCs and administrating their registration affairs.

Article 7

The members of AETCs are divided into entity ones (as the principal body) and individual ones.

An entity member is an ETC joining the AETC in the name of its business name, which is registered locally.

An individual member is a Taiwan compatriot joining the local AETC in the name of himself, which business is registered locally, as
well as a person who provides services to the AETC in a proper name.

Article 8

The following requirements shall be met with for establishing an AETC:

(1)

In a region where there mass ETCs;

(2)

Over 50 founder members including no less than 30 entity members;

(3)

A fixed operation site;

(4)

Full-time staff suitable for developing operation activities;

(5)

Legal fund sources.

(6)

Other requirements stipulated in the laws, regulations, and rules.

Article 9

Any establishment of an AETC shall be examined and approved by the competent administration registered according to relative regulations
and reported to and recorded by the Taiwan Affairs Office of the State Council.

Article 10

Local Taiwan affairs offices shall fulfill their responsibilities as competent administrations and provide services and assistances
to AETCs.

(1)

Directing the activities performed by AETCs’ according to laws;

(2)

Assisting AETCs in communicating with local governments and relevant administrations;

(3)

Assisting AETCs in organizing activities related to major economic exchanging and major conferences.

(4)

Assisting AETCs in organizing trainings on laws and economic operations;

(5)

Providing assistance to the commonweal activities hosted by AETCs;

(6)

Providing assistance in solving problems met by AETCs in their operations and difficulties met by their members in their production
and life; and

(7)

Providing other necessary assistances.

Article 11

The chairman of an AETC shall be assumed by a Taiwan businessman. Any chairman and vice-chairman shall meet with following requirements:

(1)

Abiding by the principle of one China, upholding the reunification of the country, and actively and willingly striving for accelerating
the economic communications and cooperation;

(2)

A Taiwan businessman with competitive capability in economy and his business shall have a certain large scale.

(3)

A Taiwan businessman with good personal quality, who enjoys a prestige among local Taiwan businessmen.

(4)

Enthusiastic about the work of the association, with strong working capability.

(5)

Good in health, capable of routine job.

(6)

Not a legal representative of any other association; and

(7)

With full capacity for civil conduct.

Article 12

In order for AETC to communicate with the administration of government easily and provide better services for the members, the responsible
person of the Taiwan affairs office of the local people’s government may accept the invitation from the AETC to hold a proper post
in the AETC. The person to be engaged for a post in the AETC shall be selected according to the procedures of the constitutions of
the AETC and shall not take any pay from the AETC?￿￿>

Article 13

The employment of common staff by an AETC shall be accordance with relevant regulations of the State.

Article 14

For receptions of visits of key visiting groups or persons from Taiwan, the AETC shall report to the local competent administration
beforehand for record.

Major activities to be hosted by an AETC including establishment, expiration of office terms and celebration shall be reported to
the competent administration for approval.

Any Tran regional activities to be hosted by an AETC shall be reported to the competent administration for reporting to its upper
level administration for approval.

Article 15

No AETC shall join a foreign chamber of commerce or an overseas association.

An AETC shall operate according to its constitution independently without any subjection relationship with any other organization,
and shall not accept any consign from any other organization or individual to pursue any activity incompliant with its constitution.

Article 16

Any receipt of member fees, donations or financial assistances shall be accordance with the tenet and business scope specified in
its constitution. The receipt and use of such member fees, donations or financial assistances shall be reported to the competent
administration and registration administration authority and shall be publicized in a proper way.

Article 17

The competent administration and registration administration authority shall grant commends to the AETCs with excellent performances
during their legal operations.

Article 18

For an AETC established prior to the enforcement of these Measures, any incompliance with these Measure shall be corrected within
six months since the enforcement of these Measures according to relative regulations in these Measures.

Article 19

Any circumstance that have not mentioned in these Measures shall be dealt with according to the Administrative Regulations of Associations
Registration as well as relevant regulations of the State.

Article 20

The Taiwan Affairs Office of the State Council is responsible for the interpretation of these Measures.

Article 21

These Measures shall enter into force as of April 20, 2003.



 
Taiwan Affairs Office of the State Council, The Ministry of Civil Affairs
2003-03-20

 






PROVISIONS FOR IDENTIFICATION AND PROTECTION OF WELL-KNOWN TRADEMARKS

The State Administration for Industry and Commerce

Decree of the State Administration for Industry and Commerce of the People’s Republic of China

No.5

The Provisions for Identification and Protection of Well-Known Trademarks, adopted at executive meeting of the State Administration
for Industry and Commerce, is hereby promulgated, and shall enter into force as of June 1, 2003.

General Director of the State Administration for Industry and Commerce Wang Zhongfu

April 17, 2003

Provisions for Identification and Protection of Well-known Trademarks

Article 1

The present Provisions are formulated in accordance with the Trademark Law of the People’s Republic of China (hereinafter referred
to as the Trademark Law) and the Rules on Implementing the Trademark Law of the People’s Republic of China (hereinafter referred
to as the Implementing Rules).

Article 2

The “well-known trademark” herein refers to a trademark widely known by the relevant public and highly reputable in China.

The “relevant public” includes the consumers related to certain kind of commodities or services indicated by a trademark, manufacturers
of the said commodities or other operators who provide relevant services, and the sellers and other people involved in the market.

Article 3

The following materials may be used as the certification materials of a well-known trademark:

1.

relevant materials that can evidence the extent that the relevant public know the trademark;

2.

relevant materials that can evidence the lasting time of the trademark, including the materials involving the history and scope of
the use and registration of the trademark;

3.

relevant materials that can evidence the lasting time, extent and geographic scope of any publicity work, including ways of adverting
and promotion, geographic scope, type of publicity media and the quantity of the launched advertisements;

4.

Relevant materials that can indicate that this trademark has been protected as a famous one, including the pertinent materials that
the trademark has been protected as a well-known trademark in China, or in other country or region;

5.

Other evidential materials that can indicate the trademark is famous, including the materials regarding the recent 3 years of output,
sales volume, profit payments and tax turnover and sales territory of the principal commodities using this trademark.

Article 4

Where a trademark, which has been given preliminary examination and approval and publicly announced, is thought to be in violation
of Article 13 of the Trademark Law, the party involved may raise an objection to the trademark office in accordance with the relevant
provisions of the Trademark Law and the Implementing Rules and shall submit relevant materials that can prove the trademark as famous.

Where a registered trademark is thought to be in violation of Article 13 , the party involved may file an application to the Trademark
Review and Adjudication Board, pleading it to make a ruling to revoke the registered trademark, and shall submit relevant materials
that can prove the trademark as famous.

Article 5

In the management of trademarks, where a trademark used by others is thought to be in violation of Article 13 and it is requested
to protect this famous trademark, the party involved may file an written application to the administrative department at the city
(prefecture, region) level of the place where case has occurred, pleading it to ban such use, and shall submit relevant materials
that can prove the trademark as famous. At the same time, it shall report to the administrative department at the provincial level
where it is located.

Article 6

Having received an application for the protection of a famous trademark in the administration of marks, the administrative department
for industry and commerce shall examine whether the case falls within the following circumstances as provided in Article 13 of the
Trademark Law:

1.

Where a well-known trademark that hasn’t been registered in China is used on identical or similar commodities of others without permission,
and it is likely to cause confusion;

2.

Where an trademark identical or similar to a well-known trademark that has been registered in China is used on the different or dissimilar
commodities without permission, and it is likely to mislead the public and to cause damages to the interests of the registrant of
the well-know trademark.

In any of the above-mentioned circumstances, the administrative department at the city (prefecture, region) level shall submit the
complete set of materials of this case to the administrative department of this province (autonomous region, municipality directly
under the Central Government) within 15 days as of the acceptance of the application, and shall issue a case acceptance notice to
the parties involved. Within 15 days as of the acceptance of the application, the administrative department of this province (autonomous
region, municipality directly under the Central Government) shall submit the complete set of materials of this case to the trademark
office.

A case not falling within the above-mentioned circumstances shall be timely resolved in accordance with the Trademark Law and the
Implementing Rules.

Article 7

The administrative department of the province (autonomous region, municipality directly under the Central Government) shall examine
the materials involving well-known trademark protection submitted by the administrative departments at the city (prefecture, region)
level within its jurisdiction.

For a case falling within the circumstance as listed in the first paragraph of Article 6 of the present Provisions, the materials
of the case submitted by the administrative department for industry and commerce at the city (prefecture, region) level shall be
submitted to the trademark office within 15 days as of the acceptance of these materials.

For a case not falling within the circumstance as listed in the first paragraph of Article 6 of the present Provisions, the relevant
materials shall be returned to the original acceptance organ, and the case shall be timely resolved in accordance with the Trademark
Law and the Implementing Rules.

Article 8

The trademark office shall make a decision about the relevant materials of a case, shall inform the administrative department of the
province (autonomous region, municipality directly under the Central Government) where this case occurred of the decision, and send
a copy of the decision to the administrative department of the province (autonomous region, municipality directly under the Central
Government) where the involving parties are located.

Except for the materials for proving the trademark famous, the trademark office shall return the other materials to the administrative
department of the province (autonomous region, municipality directly under the Central Government) where the case occurred.

Article 9

For a trademark that has not been identified as famous, the applicant shall not file another application for the same trademark on
the basis of the same facts and reasons within one year as of the decision is made.

Article 10

When determining whether a trademark is famous or not, the trademark office and the Trademark Review and Adjudication Board shall
take account of all the factors listed by Article 14 of the Trademark Law, but it shall not set a precondition – to require the
trademark to satisfy all the factors – for the trademark

Article 11

When protecting a well-known trademark, the trademark office, Trademark Review and Adjudication Board and local administrative department
of industry and commerce shall take the distinction and level of fame of the trademark into consideration.

Article 12

Where an applicant requests to protect its trademark in accordance with Article 13 of the Trademark law, it may offer records that
this trademark has ever been protected as a famous one by the administrative organ of our country.

If the protection scope of the case upon acceptance is almost the same as that of the case in which the trademark has already been
protected as a famous trademark, and both parties to the case raise no objection to the point that the trademark is famous, or the
opposing party raise an objection, but fails it to offer evidential materials to prove that this trademark is not famous, the administrative
department of industry and commerce that accepts this case shall make a ruling on or solve the case on the basis of the conclusion
of the protected records.

If the protection scope of the case upon acceptance differs from that of the case in which the trademark has already been protected
as a famous trademark, the opposing party raises an objection to the point that the trademark is famous and offers evidential materials
to prove that this trademark is not famous, therefore the materials related to the famous trademark shall be re-examined and identified
by the trademark office and the Trademark Review and Adjudication Board.

Article 13

If a party concerned holds that its famous trademark which has been registered as an enterprise name by others may cheat or mislead
the public, it may apply to the administrative organ of enterprise name registration for canceling the registration of this enterprise
name. The administrative organ of enterprise name registration shall deal with such a case in accordance with the Administrative
Provisions of Enterprise Name Registration.

Article 14

The administrative departments of industry and commerce of all levels shall strengthen the protection of famous trademarks, and shall
transfer the suspected cases of crimes of counterfeit trademark to the relevant departments in time.

Article 15

The administrative department of industry and commerce of the province (autonomous region, municipality directly under the Central
Government) where the organ which made the decision is located shall send a copy of the decision made to protect the famous trademark.

Article 16

The administrative departments of industry and commerce of all levels shall establish relevant supervision system, create relevant
supervision and control measures, and strengthen the supervision and inspection of the whole process of the identification of a famous
trademark.

If the pertinent functionaries engaged in the identification of famous trademarks neglect their duties, abuse their powers, seek private
interests, seek improper profits, violate the law in the identification of famous trademarks, they shall be given an administrative
punishment in accordance with the law; and those who constitute crimes shall be subject to the criminal responsibilities in accordance
with the law.

Article 17

The Provisions shall enter into force as of June 1, 2003. At the same time, the Interim Provisions for Identification and Protection
of Well-known Trademarks promulgated by the State Administration for Industry and Commerce on August 14, 1996 shall be concurrently
repealed.



 
The State Administration for Industry and Commerce
2003-04-17

 






REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE CUSTOMS RANKS

Regulations of the People’s Republic of China on the Customs Ranks

(Adopted at the 32nd Meeting of the Standing Committee of the Ninth National People’s Congress on February 28, 2003
and promulgated by Order No.85 of the President of the People’s Republic of China on February 28, 2003) 

Contents 

Chapter I    General Provisions 

Chapter II   Classification of Customs Ranks 

Chapter III  Conferment of Customs Ranks 

Chapter IV   Promotion of Customs Ranks 

Chapter V    Retention, Demotion and Deprivation of Customs Ranks 

Chapter VI   Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  These Regulations are enacted in accordance with the Constitution, with a view to strengthening the contingent of
the Customs personnel, enhancing their sense of responsibility, their sense of honor, and their sense of organization and discipline,
and facilitating their performance of duties according to law. 

Article 2  A system of customs ranks shall be practised for the customs. Customs ranks may be conferred on the State public
servants of the General Administration of Customs, sub-administrations of customs, Commissioner’s Office, regional customs, subordinate
customs and offices. 

The system of the police ranks shall be practised for the anti-smuggling police of the customs.  

Article 3  A customs rank is embodied in the post_title and insignia identifying the grade and status of a customs officer and is
an honor granted to him by the State. 

Article 4  The customs ranks of the customs personnel shall follow a scheme of Customs ranks graded in correspondence with post
levels. 

Article 5  Customs officers holding higher customs ranks shall be the superiors of those holding lower ranks. Where a customs
officer holding a higher rank is a subordinate, in terms of post, to a customs officer holding a lower rank, the latter shall be
the superior. 

Article 6  The General Administration of Customs shall be in charge of the work concerning customs ranks. 

Chapter II 

Classification of Customs Ranks 

Article 7  The customs ranks are classified into the following thirteen grades under five categories: 

(1) Customs Commissioner-General and Deputy Customs Commissioner-General; 

(2) Customs Commissioner: First Grade, Second Grade, and Third Grade; 

(3) Customs Supervisor: First Grade, Second Grade, and Third Grade; 

(4) Customs Superintendent: First Grade, Second Grade, and Third Grade; and 

(5) Customs Inspector: First Grade and Second Grade. 

Article 8  The customs ranks corresponding to the different levels of posts held by the customs officers shall follow the scheme
below: 

(1) Chief post at the level of General Administration: Customs Commissioner-General; 

(2) Deputy post at the level of General Administration: Deputy Customs Commissioner-General; 

(3) Chief post at the level of department: Customs Commissioner First Grade and Customs Commissioner Second Grade; 

(4) Deputy post at the level of department: Customs Commissioner Second Grade and Customs Commissioner Third Grade; 

(5) Chief post at the level of division: from Customs Commissioner Third Grade down to and including Customs Supervisor Second Grade; 

(6) Deputy post at the level of division: from Customs Supervisor First Grade down to and including Customs Supervisor Third Grade; 

(7) Chief post at the level of section: from Customs Supervisor Second Grade down to and including Customs Superintendent Second
Grade; 

(8) Deputy post at the level of  section: from Customs Supervisor Third Grade down to and including Customs Superintendent Third
Grade; 

(9) Post at the level of section member : from Customs Superintendent First Grade down to and including Customs Inspector First Grade;
and 

(10) Post at the level of office worker: from Customs Superintendent Second Grade down to and including Customs Inspector Second
Grade. 

Chapter III 

Conferment of Customs Ranks 

Article 9  Customs ranks shall be conferred on the customs officers on the basis of their current posts, their political integrity
and professional competence, the length of time in which they hold the posts as well as their seniority. 

Article 10  The customs authority shall confer on customs officers who are recruited through examinations or transferred from
other departments the customs ranks that are commensurate with the posts they are assigned to respectively. 

Article 11  The conferment of customs ranks on customs officers shall be approved according to the limits of authority prescribed
as follows: 

(1) The ranks of  the Customs Commissioner-General, Deputy Customs Commissioner-General, Customs Commissioner First Grade and
Customs Commissioner Second Grade shall be subject to the approval of and be conferred by the Premier of the State Council; 

(2) The ranks of the Customs Commissioner Third Grade down to and including the Customs Supervisor Third Grade shall be subject to
the approval of and be conferred by the Minister of the General Administration of Customs; 

(3) The ranks at or below the Customs Superintendent First Grade for customs officers working in the headquarters and affiliated
offices of the General Administration of Customs shall be subject to the approval of and be conferred by the Director of the Department
of Political Affairs of the General Administration of Customs; and 

(4) The ranks at or below the Customs Superintendent First Grade for customs officers working in the regional and subordinate customs
offices shall be subject to the approval of and be conferred by the Director General of the regional customs. 

Chapter IV 

Promotion of Customs Ranks 

Article 12  Customs officers holding the ranks at or below the Customs Supervisor Second Grade shall be promoted within the
range of the customs ranks corresponding to their post levels and at the following intervals:  

Each promotion to the next higher grade requires three years for the Customs Inspector Second Grade up to and including the Customs
Superintendent First Grade; and 

Each promotion to the next higher grade requires four years for the Customs Superintendent First Grade up to and including the Customs
Supervisor First Grade.  

Article 13  At the end of the interval for promotion, the customs officers holding the rank at or below the Customs Supervisor
Second Grade, who are qualified for promotion after appraisal, shall be promoted to the next higher grade; such promotion shall be
deferred for those who are not qualified for it. Those who make outstanding achievements in work may be promoted in advance upon
approval. 

Article 14  Selective promotion shall be conducted among the customs officers holding the rank at or above the Customs Supervisor
First Grade, within the range of the customs ranks corresponding to their post levels and on the basis of their political integrity,
professional competence and their actual achievements. 

Article 15  Where, a customs officer is promoted to a higher post but the customs rank he is holding is lower than the lowest
rank prescribed in the scheme for the new post, he shall be promoted to that lowest rank correspondingly.       
 

Article 16  A customs inspector may be promoted to customs superintendent, a customs superintendent to customs supervisor, and
a customs supervisor to customs commissioner only when they have received training and proved qualified. 

Article 17  The provisions in Article 11 of the Regulations shall be applicable to the limits of authority for approval of the
promotion of customs ranks. 

Chapter V 

Retention, Demotion and Deprivation of Customs Ranks 

Article 18  When a customs officer retires, he may retain his customs rank but shall not wear the insignias thereof. 

When a customs officer is transferred from the customs, resigns or is dismissed, he shall not retain his customs rank. 

Article 19  Where a customs officer is demoted to a lower post for incompetence at the current post, if the customs rank he
is holding is higher than the highest rank of the customs rank prescribed in the scheme for the new post, he shall be demoted to
that highest rank. The limits of authority for approval of such demotion shall be the same as those for approval of the original
customs rank.       

Article 20 Where a customs officer is given the administrative sanction of demotion or removal from the post, his customs rank shall
be demoted accordingly. The limits of authority for approval of such demotion shall be the same as those for approval of the original
customs rank. After demotion of the customs rank, the interval for promotion shall be calculated anew on the basis of the customs
rank he is holding after demotion. 

Demotion in the customs rank shall not be applied to Customs Inspector Second Grade. 

Article 21  Where a customs officer is discharged as an administrative sanction, or commits crimes and is sentenced to deprivation
of political rights or to fixed-term imprisonment or more serious criminal punishment, he shall be deprived of his customs rank accordingly,
and there is no need to go through the approval formalities. 

The provisions in the preceding paragraph shall be applicable to the retired customs officers who commit crimes. 

Chapter VI 

Supplementary Provisions 

Article 22  The patterns of the insignias for the customs ranks and the way of wearing them shall be drawn up by the State Council. 

Article 23  These Regulations shall go into effect as of the date of promulgation.

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






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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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