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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

 






1234Page 4 of 4

CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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