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CIRCULAR OF THE CHINA SECURITIES REGULATORY COMMISSION (CSRC), THE MINISTRY OF FINANCE (MOF) AND THE STATE ECONOMY AND TRADE COMMISSION (SETC) ON ISSUES RELATED TO TRANSFERRING STATE-OWNED SHARES AND INSTITUTIONAL SHARES OF LISTED CORPORATIONS TO FOREIGN INVESTORS

The China Securities Regulatory Commission, the Ministry of Finance, the State Economy and Trade Commission

Circular of the China Securities Regulatory Commission (CSRC), the Ministry of Finance (MOF) and the State Economy and Trade Commission
(SETC) on Issues Related to Transferring State-owned Shares and Institutional Shares of Listed Corporations to Foreign Investors

ZhengJianFa [2002] No.83

November 1, 2002

In order to introduce advanced management experience, technologies and capital funds from overseas, accelerate the pace of economic
restructuring, improve the structure of corporate governance of listed corporations, enhance international competitiveness, protect
lawful rights and interests of investors, and promote the sound development of the securities market, with the approval of the State
Council, a circular on issues related to transferring state-owned shares and institutional shares of listed corporations to foreign
investors is given hereunder:

1.

Transferring state-owned shares and institutional shares of listed corporations to foreign investors shall follow the principles listed
below:

(1)

Abide by state laws and regulations, safeguard national economic safety and social public interests, prevent state assets from erosion,
and maintain social stability;

(2)

Accord with requirements for strategic adjustment of the national economic distribution and the state’s industrial policies, and promote
the optimum distribution of stateowned capital and fair competition;

(3)

Adhere to the principles of openness, justness and impartiality, and protect the lawful rights and interests of shareholders, especially
those of small and medium shareholders;

(4)

Attract medium- and-long-term investments, prevent short-term speculation, and maintain the order of the securities market.

2.

Transferring state-owned shares and institutional shares of listed corporations to foreign investors shall accord with requirements
of the Industrial Guide for Foreign Investment. State-owned shares and institutional shares of the industries to which foreign investment
is forbidden shall not be transferred to foreign investors; for those of the industries which must be controlled or relatively controlled
by Chinese shareholders, Chinese shareholders shall remain in a controlling or relatively controlling position after the transfer.

3.

A foreign investor to whom state-owned shares and institutional shares of a listed corporation are to be transferred shall possess
a strong capacity in operation and management and adequate financial strength, a good financial status and reputation, and the ability
to improve the structure of governance of the listed corporation and to promote its sustainable development. The method of open competitive
bidding shall be adopted in principle in transferring shares held by the state and legal persons in listed corporations to foreign
investors.

4.

Transfer of state-owned shares and institutional shares of listed corporations to foreign investors involving industrial policy and
enterprise reorganization shall be checked and ratified by the SETC. That involving the administration of state-owned equities shall
be checked and ratified by the MOF. Important matters shall be reported to the State Council for approval. Transferring state-owned
shares and institutional shares to foreign investors shall comply with relevant provisions of the CSRC on acquisition of listed corporations
and information disclosure. Any region or institution shall not approvetransfer of state-owned shares and institutional shares of
listed companies to foreign investors without proper authorization.

5.

Parties in a transfer shall, in accordance with law, present approval documents of the SETC and the MOF for the transfer and payment
certificate of the foreign investor to the securities registration and settlement institution for procedure of equity transfer registration
and to the administration for industry and commerce for procedure of shareholder alteration registration. Before the transfer proceeds
are paid up, the securities registration and settlement institution and the administration for industry and commerce shall not handle
the procedure of transfer and alteration registration.

6.

Parties in a transfer of state-owned shares and institutional shares of a listed corporation to a foreign investor shall go to the
SAFE office for foreign exchange registration of foreign investment before the equity transfer. In case re-transfer of foreign equity
is involved, parties in the re-transfer shall go to the SAFE office for alteration of the foreign exchange registration of foreign
capital before the equity transfer.

7.

Foreign investors shall pay the transfer price in freely convertible currencies. Foreign investors that have already invested in the
Chinese territory may, after checked and ratified by SAFE offices, pay with renminbi profits obtained from their investment. Foreign
investors may re-transfer their acquired shares 12 months after the transfer price is paid up.

8.

The transferors shall, within prescribed time limits, sell the foreign exchange proceeds obtained from transferring state-owned shares
and institutional shares with the approval of the SFAE office that is to be asked for by presenting the approval documents for the
transfers. After acquiring the state-owned shares and institutional shares of listed corporations, foreign investors may, after verification
by SAFE offices, purchase foreign exchange for overseas remittance with the net profits distributed by the listed corporations, proceeds
obtained from equity re-transfer, and funds obtained from the termination and liquidation of the listed corporations.

9.

After transferring state-owned shares and institutional shares to foreign investors, the listed corporations shall still stick to
original relevant policies, and shall not enjoy the treatment granted to foreign investment enterprises. Proceeds from the transfer
of state-owned shares shall be treated and used according to relevant regulations of the state.

10.

Provisions of this circular apply to transfer of state-owned shares and institutional shares of listed corporations to investors in
the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region.



 
The China Securities Regulatory Commission, the Ministry of Finance, the State Economy and Trade Commission
2002-11-01

 







WORK SAFETY LAW

Law of the People’s Republic of China on Work Safety










(Adopted at the 28th Meeting of the Standing Committee of the Ninth National People’s Congress on June 29, 2002 and
promulgated by Order No. 70 of the President of the People’s Republic of China on June 29, 2002) 

Contents 

Chapter I    General provisions  

Chapter II   Work Safety Assurance in Production and Business Units  

Chapter III  Rights and Duties of Employees  

Chapter IV   Supervision and Control over Work Safety  

Chapter V    Accident Rescue, Investigation and Handling  

Chapter VI   Legal Responsibility  

Chapter VII  Supplementary Provisions  

Chapter I 

General provisions 

Article 1  This Law is enacted for enhancing supervision and control over work safety, preventing accidents due to lack of work
safety and keeping their occurrence at a lower level, ensuring the safety of people’s lives and property and promoting the development
of the economy.  

Article 2  This Law is applicable to work safety in units that are engaged in production and business activities (hereinafter
referred to as production and business units) within the territory of the People’s Republic of China. Where there are other provisions
in relevant laws and administrative regulations governing fire fighting, road traffic safety, railway traffic safety, water way traffic
safety, those provisions shall apply.  

Article 3  In ensuring work safety, principle of giving first place to safety and laying stress on prevention shall be upheld.
 

Article 4  Production and business units shall abide by this Law and other laws and regulations concerning work safety, redouble
their efforts to ensure work safety by setting up and improving the responsibility system for work safety and improving the conditions
for it to guarantee work safety.  

Article 5  Principal leading members of production and business units are in full charge of work safety of their own units.
 

Article 6  Employees of production and business units shall have the right to work safety assurance in accordance with law and
they shall, at the same time, perform their duty in work safety in accordance with law.  

Article 7  Trade unions shall, in accordance with law, make arrangement for employees to participate in the democratic management
of and supervision over work safety in their units and safeguard the legitimate rights and interests of the employees in work safety.
 

Article 8  The State Council and the local people’s governments at all levels shall strengthen their leadership over work safety
and support and urge all the departments concerned to perform their responsibilities in exercising supervision and control over work
safety in accordance with law.  

The people’s governments at or above the county level shall, in a timely manner, provide coordination and solution to major problems
existing in supervision and over work safety.  

Article 9  The department in charge of supervision and control over work safety under the State Council shall, in accordance
with this Law, exercise all-round supervision and control over work safety throughout the country. The departments in charge of supervision
and control over work safety of local people’s governments at or above the county level shall, in accordance with this Law, exercise
all-round supervision and control over work safety on work safety within their own administrative regions.  

The relevant departments under the State Council shall, in accordance with the provisions of this Law and relevant laws and administrative
regulations, exercise relevant supervision and control over work safety within the scope of their respective responsibilities. The
departments concerned under the local people’s governments at or above the county level shall, in accordance with the provisions
of this Law and relevant laws and administrative regulations, exercise supervision and control over work safety within the scope
of their respective responsibilities.  

Article 10  The relevant departments under the State Council shall, in compliance with the requirements for safeguarding work
safety and in accordance with law, formulate relevant national standards or industrial specifications without delay and make timely
revisions on the basis of technological advancement and economic development.  

Production and business units shall implement the national standards or industrial specifications for work safety formulated in accordance
with law.  

Article 11  People’s governments at all levels and the relevant departments under them shall redouble their efforts to publicize
laws and regulations regarding work safety and disseminate knowledge about it in different forms in order to enhance the employees’
awareness of the importance of work safety.  

Article 12  The intermediary organizations established in accordance with law to provide technical services for work safety
shall, in compliance with law, administrative regulations and business criteria, accept commissions entrusted by production and business
units to provide such services.  

Article 13  The State applies the responsibility investigation system for accidents due to lack of work safety. Persons who
are responsible for such accidents shall be investigated for their legal responsibilities in accordance with the provisions in this
Law and relevant laws and regulations.  

Article 14  The State encourages and supports technological research in work safety and the wide application of advanced technology
in this area in order to raise the level of work safety.  

Article 15  The State gives awards to the units and individuals that achieve outstanding successes in improving conditions for
work safety and preventing accidents due to lack of work safety, and in rescue operations.  

Chapter II 

Work Safety Assurance in 

Production and Business Units 

Article 16  Production and business units shall have the conditions for work safety as specified by the provisions in this Law
and relevant laws, administrative regulations and national standards or industrial specifications. Production and business units
that do not have such conditions are not allowed to engage in production and business activities.  

Article 17  The principal leading members of production and business units are charged with the following responsibilities for
work safety in their own units:  

(1) setting up and improving the responsibility system for work safety in their own units;  

(2) making arrangements for formulating rules and operating regulations for work safety in their own units;  

(3) guaranteeing an effective input into work safety in their own units;  

(4) supervising over and inspecting work safety in their own units and, in a timely manner, eliminating hidden dangers threatening
work safety;  

(5) making arrangements for the formulation and implementation of their own units’ rescue plans in the event of accidents; and  

(6) submitting to higher authorities timely and truthful report on accidents due to lack of work safety.  

Article 18  Funds for input essential to meeting the conditions for work safety in production and business units shall be guaranteed
by the decision-making bodies and principal leading members of the units or private investors, and these bodies and persons shall
bear the responsibility for the consequences of insufficient input of funds essential to work safety in their own units.  

Article 19  Mines, construction units and units for manufacturing, marketing or storing dangerous articles shall set up organizations
or be manned with full-time persons for the control of work safety.  

Production and business units, other than the ones specified in the preceding paragraph, where the number of employees each exceeds
300, shall set up organizations or be manned with full-time persons for the control of work safety. Where the number is below 300,
the units each shall be manned with full-time or part-time persons for the purpose, or, they may entrust engineers or technicians,
who are professionally qualified according to State regulations in this field, with the provisions of services for the control of
work safety. 

Where, in accordance with the provisions in the preceding paragraph, production and business units entrust engineers or technicians
with the provision of services for the control of work safety, the responsibility for guaranteeing work safety shall still rest on
the production and business units.  

Article 20  The principal leading members and persons for the control of work safety in production and business units shall
have the knowledge about work safety and the competence for its control, which are commensurate with the production and business
activities of these units.  

Principal leading members and persons for the control of work safety in units that manufacture, market or store dangerous articles,
in mines and in construction units shall only be appointed to the posts after they pass the examinations in their knowledge about
work safety and their competence in its control conducted by the competent departments. No fees shall be charged for taking such
examinations.  

Article 21  Production and business units shall give their employees education and training in work safety to ensure that the
employees acquire the necessary knowledge about work safety and are familiar with the relevant rules for work safety and safe operating
regulations. No employees who fail to pass the qualification tests after receiving education and training in work safety may be assigned
to posts.  

Article 22  Before using new techniques, technologies, materials or equipment, production and business units shall get to know
and master their technical properties for safety and adopt effective protective measures for safety, and they shall provide their
employees with special education and training in work safety.  

Article 23  Workers operating at special posts in production and business units shall, in accordance with relevant State regulations,
receive special training in safe operation, and they shall only be assigned to such posts after obtaining qualification certificate
for operation at special posts. 

The category of workers operating at special posts shall be determined by the department in charge of supervision and control over
work safety under the State Council in conjunction with the relevant departments under the State Council.  

Article 24  Production and business units shall see to it that safety facilities for their projects to be built, renovated or
expanded (hereinafter all are referred to as construction projects) are designed, constructed, and put into operation and use simultaneously
with the principal parts of the projects. Investments into safety facilities shall be included in the budgetary estimates of the
construction projects.  

Article 25  Construction projects for mines and construction projects for the manufacture and storage of dangerous articles
shall respectively undergo assessment of the safety conditions and safety assessment according to the relevant regulations of the
State.  

Article 26  The designers and designing units for safety facilities of construction projects shall be responsible for the design
of the safety facilities.  

The designs of the safety facilities of construction projects for mines and construction projects for the manufacture or storage
of dangerous articles shall, according to relevant State regulations, be submitted to relevant departments for examination. The examination
departments and the persons in charge of the examination shall be responsible for the results of the examination.  

Article 27  Construction units for projects of mines and projects for the manufacture or storage of dangerous articles shall
construct the safety facilities according to the approved design of the facilities and shall be responsible for the engineering quality
of the facilities.  

Before the completed construction projects for mines and for the manufacture and storage of dangerous articles are put into operation
or use, the safety facilities shall, in accordance with the provisions in relevant laws and administrative regulations, undergo check
for acceptance; the said projects shall only be put into operation or use after the facilities are checked and accepted. The departments
for check and acceptance and the persons doing the check and acceptance shall be responsible for the results of the check and acceptance.
 

Article 28  Production and business units shall set up or affix conspicuous safety precaution signs at production and business
places, facilities and equipment where factors of relatively grave danger exist.  

Article 29  Safety equipment shall be designed, manufactured, installed, used, tested, maintained, renovated and abandoned in
compliance with the national standards or industrial specifications.  

Production and business units shall have their safety equipment constantly maintained and serviced and regularly tested in order
to ensure its normal operation. Records for maintenance, service and test shall be kept and be signed by the persons concerned.  

Article 30  Special equipment that threatens the safety of people’s lives and is potentially more dangerous, as well as containers
and transport vehicles for dangerous articles, to be used by production and business units shall be made by professional manufacturers
in accordance with relevant State regulations, and they shall only be put to use after they pass the test and check by professionally
qualified testing and checking authorities and safe use certificates or safety tags are issued. The said authorities shall be responsible
for the results of the test and check. 

A catalogue of special equipment that threatens the safety of people’s lives and is potentially more dangerous shall be worked out
by the department under the State Council in charge of supervision and control over the safety of special equipment, and shall be
submitted to the State Council for approval before it becomes effective.  

Article 31  The State applies an elimination system for the technique and equipment that present serious threat to work safety.
 

No production and business units may use techniques and equipment threatening work safety which are eliminated and the use of which
is prohibited by State decrees.  

Article 32  Where dangerous articles are to be manufactured, marketed, transported, stored, used or to be disposed of or abandoned,
the matter shall be submitted to the department in charge for approval in accordance with the provisions in relevant laws and regulations
as well as the national standards or industrial specifications and shall be subject to its supervision and control.  

To manufacture, market, transport, store, use or dispose of or abandon dangerous articles, production and business units shall abide
by relevant laws and regulations, as well as the national standards or industrial specifications, establish a special system for
safety control, adopt reliable safety measures, and subject themselves to supervision and control by the competent departments in
accordance with law.  

Article 33  Production and business units shall have the sources of grievous danger recorded and have the records kept on file,
conduct regular monitoring, assessment and control, make exigency plans, and notify the employees and related persons the emergency
measures to be taken in emergency.  

Production and business units shall, in accordance with relevant State regulations, report the sources of grievous danger, related
safety and emergency measures to the departments in charge of supervision and control over work safety under the local people’s governments
and other departments concerned for the record.  

Article 34  No workshops, stores or warehouses where dangerous articles are manufactured, marketed, stored or used may share
the same building with the employees’ living quarters; a distance shall be kept between the two for the sake of safety.  

At manufacturing and marketing places and in the living quarters of employees, there shall be exits that meet the requirements for
emergency evacuation and are indicated clearly and kept unobstructed. The said exits may not be sealed or blocked.  

Article 35  When carrying out dangerous operations such as blasting and hoisting, production and business units shall send special
persons to the sites to ensure safety and to see that operation rules are abided by and safety measures are adopted.  

Article 36  Production and business units shall inculcate their employees with the need to strictly abide by rules and regulations
for work safety and safety operating regulations formulated by the units, and urge them to do so, and they shall truthfully inform
the employees of the factors of danger existing at the work places and work posts as well as the precautions and the exigency measures
to be taken in the event of accidents.  

Article 37  Production and business units shall provide their employees with work protection gears that are up to national standards
or industrial specifications, and they shall give instruction to their employees and see to it that they wear or use these gears
in accordance with the rules for their use.  

Article 38  Persons of production and business units in charge of work safety control shall, in light of the production and
business operation characteristics of the units, carry out routine inspection on work safety. They shall immediately deal with the
problems they discover in the course of inspection. Where they cannot do so, they shall report the matter to the leading members
of the units in charge. The inspection and the handling of the problems shall be recorded.  

Article 39  Production and business units shall arrange funds for the provision of work protection gears and for training in
work safety.  

Article 40  Where two or more production and business units are conducting production and business activities in the same work
zone, which presents potential dangers to each other’s work safety, they shall sign on agreement on work safety control, in which
the responsibilities of each party for work safety control shall be defined and the safety measures to be taken by each party shall
be made clear. In addition, each party shall assign full-time persons for control over work safety to conduct safety inspection and
coordination.  

Article 41  No production or business units may contract out or lease production or business projects, work places or equipment
to any units or individuals that do not possess the conditions for work safety or the necessary qualifications.  

Where there is more than one contractor or leasee involved in one production or business project or place, the production or business
unit shall sign a special agreement on work safety control with each of the contractors or leasees or have the responsibilities of
each party for work safety control specified in the contract. The production or business unit shall conduct overall coordination
and management among the contractors or leasees in respect of work safety.  

Article 42  When a major accident due to neglect of work safety occurs in a production or business unit, the principal leading
member of the unit shall immediately make arrangements for rescue operation; and, during the period of investigation and handling
of the accident, he may not leave his post without permission.  

Article 43  Production and business units shall, in accordance with law, purchase social insurance for industrial injuries and
pay insurance premiums for their employees.  

Chapter III 

Rights and Duties of Employees 

Article 44  In the labour contracts signed between production and business units and their employees shall be clearly indicated
the items concerning guarantees for occupational safety of the employees, prevention of occupational hazards, as well as the item
concerning payment, according to law, of insurance premiums for industrial injuries suffered by employees.  

No production or business units may, in any form, conclude agreements with their employees in an attempt to relieve themselves of,
or lighten, the responsibilities they should bear in accordance with law for the employees who are injured or killed in accidents
which occur due to lack of work safety.  

Article 45 Employees of production and business units shall have the right to the knowledge of the dangerous factors existing at
their work places and posts, and of the precaution and exigency measures, and they shall have the right to put forward suggestions
on work safety of the units where they work.  

Article 46  Employees shall have the right to criticize, inform against and accuse their work units for the problems existing
in work safety. They shall have the right to refuse to comply with the directions that are contrary to rules and regulations or arbitrary
orders for risky operations.  

No production and business units may reduce the wages or welfare standards of, or cancel the labour contracts concluded with, the
employees because the latter criticize, inform against, accuse or refuse to comply with the directions that are contrary to rules
and regulations or arbitrary orders for risky operations.  

Article 47  On spotting emergency situations that directly threaten their personal safety, the employees shall have the right
to suspend operation or evacuate from the work place after taking possible emergency measures.  

No production and business units may reduce the wages, welfare standards of, or  cancel the labour contracts concluded with,
the employees because the latter, under the emergency situations, mentioned in the preceding paragraph, suspend operation and evacuate
from the work place as an emergency measure.  

Article 48  Employees who are harmed in accidents due to lack of work safety and who still have the right to compensation according
to relevant civil laws shall, in addition to enjoying the social insurance for industrial injuries in accordance with law, have the
right to demand compensations from the units where they work.  

Article 49  In the course of operation, employees shall strictly abide by work safety rules and regulations and operation instructions
of the units where they work, subject themselves to supervision, wear and use the gears for occupational protection in a correct
way.  

Article 50  Employees shall receive education and training in work safety to master work safety knowledge needed for the jobs
they are doing, improve their skills related to work safety and increase their ability to prevent accidents and handle emergencies.
 

Article 51  On spotting hidden dangers that may lead to accidents or other factors that may jeopardize safety, employees shall
immediately report the matter to the persons in charge of work safety on the spot or leading members of their units. Persons who
receive such report shall act to handle the matter without delay.  

Article 52  Trade unions shall have the right to exercise supervision over and put forward comments and suggestions on the simultaneous
design, construction and commissioning of the safety facilities and the main structure of a construction project.  

Trade unions shall have the right to demand that production and business units set to right their violations of laws and regulations
on work safety and their infringement of the lawful rights and interests of the employees. When discovering that production and business
units issue directions contrary to rules and regulations, or arbitrary orders for risky operations, or hidden dangers that may lead
to accidents, they shall have the right to put forward suggestions for solution, and the production and business units shall consider
the suggestions and respond in a timely manner. When discovering situations in which the safety of the employees’ lives are threatened,
they shall have the right to put forward suggestions to the production and business units for organized evacuation of the employees
from the endangered work place, and the production and business units shall deal with such situations immediately.  

Trade unions shall have the right to take part in investigations of accidents in accordance with law; put forward their suggestions
to the departments concerned for the handling of the accidents and demand that the persons concerned be investigated for their responsibilities.
 

Chapter IV 

Supervision and Control over Work Safety 

Article 53  Local people’s governments at or above the county level shall, in light of the conditions of work safety in their
administrative regions, make arrangements for the departments concerned, in keeping with the division of responsibilities, to carry
out strict inspections in the production and business units located in their administrative regions in which major accidents due
to lack of work safety are liable to occur. When discovering hidden dangers that may lead to accidents, the departments shall deal
with the matter without delay.  

Article 54  Where the departments charged with the responsibilities to exercise supervision and control over work safety (hereinafter
all referred to as departments in charge of supervision and control over work safety), as specified in the provisions of Article
9 of this Law, need to examine before giving approval (including approval, ratification, permission, registration, authentication
and issue of certificates or licenses, the same as below) or check for acceptance matters related to work safety in accordance with
relevant laws and regulations, they shall conduct the examination or check strictly in accordance with relevant laws and regulations
and national standards or industrial specifications. They may not give approval or authorize acceptance to matters which do not meet
the work safety conditions specified in relevant laws and regulations and national standards or industrial specifications. With regard
to units that engage in relevant activities without obtaining approval or without being qualified for acceptance in accordance with
law, the departments in charge of administrative examination and approval, on discovering or receiving reports on such cases, shall
immediately outlaw them and dealt with them in accordance with law. Where departments in charge of administrative examination and
approval find that units which have obtained approval in accordance with law no longer possess the conditions for work safety, they
shall cancel the given approval.  

Article 55  No departments in charge of supervision and control over work safety may charge any fees for examining, checking
and accepting matters related to work safety, or require that units subject to their examination, check and acceptance purchase the
brands of products designated by them or the work safety equipment, devices or other products manufactured or marketed by units designated
by them. 

Article 56  When departments in charge of supervision and control over work safety conduct, in accordance with law, supervision
over and inspection of production and business units to see how the latter implement the laws and regulations related to work safety,
national standards or industrial specifications, they shall exercise the following functions and powers:  

(1) entering production and business units for inspection, acquiring relevant materials and data for investigation, and getting information
from the departments and persons concerned;  

(2) putting into rights on the spot or demanding rectification of, within a time limit, violations of law related to work safety,
which are discovered in the course of inspection; and with regard to practices deserving administrative penalties according to law,
making decisions to impose such penalties in accordance with the provisions in this Law, other laws and administrative regulations; 

(3) when, in the course of inspection, hidden dangers that may lead to accidents, to eliminate them immediately; when it is impossible
to ensure safety before major ones are eliminated or, in the course of their elimination; giving orders to evacuate workers from
the danger areas and to suspend production, business operation or application, and when major dangers are eliminated, allowing resumption
of production, business operation or application upon examination and approval; and  

(4) sealing up or seizing facilities, equipment and devices that are deemed, on firm grounds, not up to the national standards or
industrial specifications to ensure work safety, and, in accordance with law, making a decision within fifteen days to deal with
the case.  

No supervision or inspection may hinder the normal production and business activities of the units undergoing inspection.  

Article 57  Production and business units shall cooperate with the supervision and inspectors of the departments in charge of
supervision and control over work safety (hereinafter referred to as work safety supervisors and inspectors) who are performing their
duties in accordance with law. They may not refuse to do so or create obstacles.  

Article 58  Work safety supervisors and inspectors shall be devoted to their duties, uphold principles and enforce laws impartially.
 

When performing their tasks, work safety supervisors and inspectors shall produce their effective identification documents for supervision
and law enforcement. They shall keep confidential the technical and business secretes of the units under inspection.  

Article 59  Work safety supervisors and inspectors shall keep a written record of the inspection, including the time, place,
items and the problems discovered and their solution, which shall be signed by the inspectors and the leading members of the unit
under inspection. Where leading members of a unit under inspection refuse to sign, the inspectors shall keep a record of the fact
and report the matter to the department in charge of supervision and control over work safety.   

Article 60  Departments in charge of supervision and control over work safety shall cooperate with each other in supervision
and inspection by conducting joint inspection. Where it is really necessary to conduct separate inspections, they shall exchange
information. Where safety proble

PROVISIONS ON THE ADMINISTRATION OF ENTRY-EXIT INSPECTION AND QUARANTINE REPORT BY PROXY

The General Administration of Quality Supervision, Inspection and Quarantine

Decree of the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China

No. 34

Provisions on the Administration of Entry-Exit Inspection and Quarantine Report by Proxy adopted by the meeting of the General Administration
of Quality Supervision, Inspection and Quarantine are hereby promulgated and shall be come into force as of the day of January I,
2003.

The General Administration of Quality Supervision, Inspection and Quarantine

November 6, 2002

Provisions on the Administration of Entry-Exit Inspection and Quarantine Report by Proxy

Chapter I General Provisions

Article 1

The present provisions are formulated in accordance with the Law of the People’s Republic of China on Import and Export Commodity
Inspection and the regulations for its implementation, the Law of the People’s Republic of China on Entry-Exit Animal and Plant Quarantine
and the regulations for its implementation, the Frontier Health Quarantine Law of the People’s Republic of China and the detailed
rules for its implementation, the Food Hygiene Law of the People’s Republic of China and other laws and regulations with a view to
strengthening the supervision and administration of, and regulating the act of inspection and quarantine report by proxy.

Article 2

Inspection and quarantine report by proxy mentioned in the present provisions shall mean the act of an enterprise legal person inside
the territory of China (hereinafter referred to as the inspection and quarantine report agency) which has been registered by the
General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China (hereinafter referred
to as the AQSIQ) to, upon the entrustment of the consignee of imported goods and the consigner of exported goods, handle the formalities
of inspection and quarantine report in accordance with the law.

Article 3

The AQSIQ shall uniformly administer the work of inspection and quarantine report by proxy all over the country, and shall be responsible
for the registration of the inspection and quarantine report agencies; each entry-exit inspection and quarantine bureau directly
under the AQSIQ (hereinafter referred to as inspection and quarantine bureau directly under the AQSIQ) shall be responsible for the
preliminary verification and annual appraisal of the inspection and quarantine report agencies within its jurisdiction; the entry-exit
inspection and quarantine institution at all places (hereinafter referred to as inspection and quarantine institutions) shall be
responsible for the daily supervision and administration of the inspection and quarantine report agencies.

Article 4

An inspection and quarantine report agency shall be registered by the AQSIQ, otherwise it shall not engage in the business of inspection
and quarantine report by proxy.

Article 5

An inspection and quarantine report agency shall, when accepting the entrustment to handle the inspection and quarantine report and
other relevant matters, abide by the relevant laws and regulations on entry-exit inspection and quarantine, and shall be responsible
for the genuineness and legitimacy of all the contents under the inspection and quarantine report by proxy, and bear the corresponding
legal liabilities as well.

Chapter II Registration of Inspection and Quarantine Report Agencies

Article 6

An entity applying for the registration of inspection and quarantine report by proxy (hereinafter referred to as the applying entity)
shall meet the following conditions:

(1)

Having obtained the “Business License of Enterprise Legal Person” issued by the department for industry and commerce;

(2)

Having at least 1.5 million Yuan of registered capital;

(3)

Having a fixed business site and the facilities for handling the business of inspection and quarantine report;

(4)

Having a good management system;

(5)

Having at least 10 persons who have obtained the “Certificate for the Qualifications as An Inspection and Quarantine Reporter”;(f)
other conditions stipulated by the AQSIQ.

Article 7

An applying entity shall file an application to the inspection and quarantine bureau directly under the AQSIQ at its locality and
submit the following documents:

(1)

The “Application Letter for the Registration of Entry-Exit Inspection and Quarantine Report by Proxy”;

(2)

A duplicate of the “Business License of Enterprise Legal Person” (the original shall be submitted for verification at the same time);

(3)

A duplicate of the “Certificate for the Qualifications as An Inspection and Quarantine Reporter” of the inspection and quarantine
reporter to be appointed (the original shall be submitted for verification at the same time);

(4)

A sample seal mould of the enterprise of inspection and quarantine report by proxy;

(5)

Other documents stipulated by the AQSIQ to be submitted.

Article 8

The inspection and quarantine bureaus directly under the AQSIQ shall carry out the preliminary verification on the applying entities’
applications, and shall submit those which have passed the preliminary verification to the AQSIQ for verification. To the applying
entity that passes the verification may be issued a “Registration Certificate for Entry-Exit Inspection and Quarantine Report by
Proxy” (hereinafter referred to as “Registration Certificate”).

An inspection and quarantine report agency that has obtained the “Registration Certificate” may engage in the business of inspection
and quarantine report by proxy within the areas approved by the AQSIQ.

Article 9

In case of any modification with an inspection and quarantine report agency’s name, address, legal representative, business scope
or other major issues, the agency shall, within 15 days as of the modification, report in written form to the inspection and quarantine
bureau directly under the AQSIQ at its locality.

Chapter III The Act of Inspection and Quarantine Report by Proxy

Article 10

A consignee of imported goods may entrust an inspection and quarantine report agency at the place of customs declaration or the place
of receipt to make the inspection and quarantine report, while a consigner of exported goods may entrust an inspection and quarantine
report agency at the place of origin or the place of customs declaration to make the inspection and quarantine report.

Article 11

An entrusted inspection and quarantine report agency shall complete the following acts of inspection and quarantine report by proxy:

(1)

Going through the formalities of inspection and quarantine report;

(2)

Paying the inspection and quarantine fee;

(3)

Contacting and cooperating with the inspection and quarantine institution to carry out the inspection and quarantine;

(4)

Obtaining the inspection and quarantine certificates and the proof of customs release;

(5)

Other matters related to the work of inspection and quarantine.

Article 12

An inspection and quarantine report agency shall, when accepting the entrustment by a consignee or consigner, abide by the provisions
in laws and regulations on the consignee or consigner.

Article 13

An inspection and quarantine report agency shall, when making the inspection and quarantine report, submit a power of attorney on
the inspection and quarantine report to the inspection and quarantine institution.

The power of attorney on inspection and quarantine report shall indicate the principal’s name, address, the name (signature) of the
legal representative, the nature of the principal and its business scope; the inspection and quarantine report agency’s name, address,
matters under agency, and responsibilities and rights of both parties, period of agency, etc., and shall be affixed with the official
seals of both parties.

Article 14

An inspection and quarantine report agency shall, in accordance with the relevant provisions, regulate the inspection and quarantine
reporters’ act of inspection and quarantine report, and shall bear the legal liabilities for the inspection and quarantine reporters’
act.

Article 15

An inspection and quarantine report agency shall, as required by the inspection and quarantine institution, be responsible for guaranteeing
the inspection and quarantine place, time and other relevant matters.

Article 16

An inspection and quarantine report agency shall bear the obligation of keeping confidential for the commercial secrets he has known
from carrying out the inspection and quarantine report by proxy.

Article 17

An inspection and quarantine report agency shall, in accordance with the relevant provisions, pay the inspection and quarantine fee
on behalf of the principal, and shall not charge additional fees from the principal in the name of the inspection and quarantine
institution.

An inspection and quarantine report agency shall truthfully inform the principal in written form of the payment of fees to the inspection
and quarantine institution, and the inspection and quarantine institution may check or verify this issue at any time.

Article 18

An inspection and quarantine report agency shall charge the principal the intermediation service fee for the inspection and quarantine
report by proxy strictly in accordance with the relevant provisions.

Chapter IV Supervision and Administration

Article 19

An inspection and quarantine institution shall apply the system of annual verification to the inspection and quarantine report agencies.
Each inspection and quarantine report agency shall, before March 31 of each year, apply to the inspection and quarantine bureau directly
under the AQSIQ at its locality for annual verification, and submit the “Annual Verification Report” of the last year.

The main contents of the “Annual Verification Report” include: the information on the business of annual inspection and quarantine
report by proxy and the analysis thereof, the financial statement, the errors in inspection and quarantine report and the reasons
thereof, the information on abidance by the relevant inspection and quarantine provisions and the self-evaluation, etc..

An inspection and quarantine report agency that has been registered by the AQSIQ for less than 1 year does not have to apply for annual
verification in the present year.

An inspection and quarantine bureau directly under the AQSIQ shall report the information on the annual verification of the inspection
and quarantine report agencies to the AQSIQ for record.

Article 20

An inspection and quarantine report agency shall cooperate with the inspection and quarantine institution to investigate and deal
with the matters under its proxy.

Article 21

No inspection and quarantine report agency shall lend its name in any form to others for them to carry out the business of inspection
and quarantine report by proxy.

Article 22

An inspection and quarantine report agency shall set up and improve the files on the business of inspection and quarantine report
by proxy, truthfully and completely record the business of inspection and quarantine report by proxy it has undertaken, and consciously
accept the daily supervision and annual examination by the inspection and quarantine institution.

Article 23

An inspection and quarantine report agency may make the inspection and quarantine report to the inspection and quarantine institution
by electronic means, provided that it shall not use electronic inspection and quarantine report enterprise software to carry out
distant electronic pre-record.

Article 24

Where an inspection and quarantine report agency is under any of the following circumstances, the inspection and quarantine bureau
directly under the AQSIQ may suspend its qualifications for inspection and quarantine report by proxy for 3 months or 6 months:

(1)

It has committed an act in violation of the provisions on inspection and quarantine report;

(2)

It provides untrue information, and therefore causes the goods under inspection and quarantine report by proxy unable to be inspected
or quarantined;

(3)

It does not administer the inspection and quarantine reporters strictly, and more than one reporters have been cancelled the qualifications
for inspection and quarantine report;

(4)

It delays the annual verification without the consent of the inspection and quarantine institution;

(5)

It violates Article 16 of the present provisions by disclosing the commercial secret it knows from carrying out the inspection and
quarantine report by proxy;

(6)

It violates Article 17 of the present provisions by failing to pay the inspection and quarantine fee on behalf of the principal or
failing to inform the principal in written form of the information on the payment to the inspection and quarantine institution according
to the provisions, or by charging additional fees from the principal in the name of the inspection and quarantine institution;

(7)

It violates Article 18 of the present provisions by charging the intermediation service fee from the principal for the inspection
and quarantine report by proxy not according to the provisions;

(8)

It violates Article 20 of the present provisions by refusing to cooperate in the investigation and punishment by the inspection and
quarantine institution on the matters under inspection and quarantine which it reports by proxy;

(9)

It violates Article 21 of the present provisions by lending its name to others to undertake the business of inspection and quarantine
report by proxy;

(10)

It violates Article 22 of the present provisions by failing to set up and improve the files on the business of inspection and quarantine
report by proxy, and is therefore unable to truthfully and completely record the business of inspection and quarantine report by
proxy it undertakes;

(11)

It violates Article 23 of the present provisions by using electronic inspection and quarantine report enterprise software to carry
out distant electronic pre-record;

(12)

Its inspection and quarantine report needed to be suspended due to other reasons.

Article 25

Where an inspection and quarantine report agency is under any of the following circumstances, the AQSIQ may cancel its qualifications
for inspection and quarantine report by proxy:

(1)

The enterprise of inspection and quarantine report by proxy is changed, and does no longer meet the conditions in Article 6 of the
present provisions;

(2)

It fails to attend the annual verification or fails to pass the annual verification;

(3)

It is under anyone of the circumstances enumerated in Article 24 of the present provisions, and the offense is serious;

(4)

It dos not implement its obligations within the scope of authorization, and therefore disturbs the order of inspection and quarantine;

(5)

It does not truthfully make the inspection and quarantine report, and fraudulently obtained the inspection and quarantine documents;

(6)

It forges, alters, buys, sells or steals inspection and quarantine documents, stamps, marks, seal indications, and quality certification
marks;

(7)

Its qualifications for inspection and quarantine report by proxy needs to be cancelled due to other reasons.

Article 26

The institutions of inspection and quarantine report by proxy and their inspection and quarantine reporters shall, if violating any
law or regulations on inspection and quarantine in their activities of inspection and quarantine report business, be punished in
accordance with the law or regulations.

Article 27

No inspection and quarantine institution or its functionary shall set up any inspection and quarantine report agency in any form to
carry out the work of inspection and quarantine report by proxy or seek any undue benefits.

Article 28

No inspection and quarantine institution or its functionary shall have any interests relationship with any inspection and quarantine
report agency. The functionaries of the inspection and quarantine institutions, the persons who should withdraw according to the
relevant provisions of the state and the persons who have left their inspection and quarantine posts for less than 3 years, shall
not hold post in the inspection and quarantine report agencies and shall withdraw according to the relevant provisions.

Chapter V Supplementary Provisions

Article 29

The inspection and quarantine report by proxy mentioned in the present provisions does not include the act of a production enterprise
to be entrusted by a trading company to make the inspection and quarantine report for the sake of selling its own products to the
trading company.

Article 30

The AQSIQ encourages the import and export enterprises to directly make inspection and quarantine report to the inspection and quarantine
institution by electronic means.

Article 31

The responsibility to interpret the present provisions shall remain with the AQSIQ.

Article 32

The present provisions shall enter into force on January 1, 2003.

 
The General Administration of Quality Supervision, Inspection and Quarantine
2002-11-06

 




MEASURES OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF THE EXPORT REGISTRATION OF SENSITIVE ITEMS AND TECHNOLOGIES

The Ministry of Foreign Trade and Economic Cooperation

Order of the Ministry of Foreign Trade and Economic Cooperation

No.35

The Measures of the People’s Republic of China for the Administration of the Export Registration of Sensitive Items and Technologies
have been formulated on the basis of the Regulation of the People’s Republic of China on Controlling the Export of Dual-purpose Nuclear
Products and Affiliated Technologies, the Regulation of the People’s Republic of China on Controlling the Export of Guided Missiles
and Affiliated Items and Technologies, the Regulation of the People’s Republic of China on Controlling the Export of Dual-purpose
Biological Products and Affiliated Equipments and Technologies, and the Measures for Controlling the Export of Relevant Chemical
Products and Affiliated Technologies, and have been adopted at the 11th executive meeting of the MOFTEC. They are hereby promulgated
for effect as of November 12, 2002.

Shi Guangsheng, Minister of the MOFTEC

November 12, 2002

Measures of the People’s Republic of China for the Administration of the Export Registration of Sensitive Items and Technologies

Article 1

With a view to regulating the management order of the export of sensitive items and technologies, and enhancing the administration
of the export management of sensitive items and technologies, the present Measures have been formulated on the basis of the Regulation
of the People’s Republic of China on Controlling the Export of Dual-purpose Nuclear Products and Affiliated Technologies, the Regulation
of the People’s Republic of China on Controlling the Export of Guided Missiles and Affiliated Items and Technologies, the Regulation
of the People’s Republic of China on Controlling the Export of Dual-purpose Biological Products and Affiliated Equipments and Technologies,
and the Measures for Controlling the Export of Relevant Chemical Products and Affiliated Technologies.

Article 2

The term “sensitive items and technologies” as mentioned in the present Measures shall refer to any of the items and technologies
as described in the name lists attached to the Regulation of the People’s Republic of China on Controlling the Export of Dual-purpose
Nuclear Products and Affiliated Technologies, the Regulation of the People’s Republic of China on Controlling the Export of Guided
Missiles and Affiliated Items and Technologies, the Regulation of the People’s Republic of China on Controlling the Export of Dual-purpose
Biological Products and Affiliated Equipments and Technologies, and the Measures for Controlling the Export of Relevant Chemical
Products and Affiliated Technologies.

Article 3

Any business operator that engages in the export of sensitive items and technologies (hereafter “business operator”) shall apply for
registration with the Ministry of Foreign Trade and Economic Cooperation (hereafter “MOFTEC”) according to the provisions of the
present Measures. No entity or individual may, without being registered, engage in the export of any sensitive item or technology.

Article 4

Any business operator that meet the following conditions may apply to the Department of Scientific and Technologic Development and
the Import and Export of Technologies under the MOFTEC (hereafter “the Technology Department”) for registration.

(1)

Having obtained a certificate of enterprise qualification for import and export or an approval certificate of foreign-funded enterprise
upon the approval of the MOFTEC, and having obtained a business license issued by the administrative department of industry and commerce;

(2)

Having passed the annual inspections of the administrative department of industry and commerce and the administrative department of
foreign trade and economic cooperation;

(3)

Having no record of criminal sanctions imposed by the state or administrative punishment imposed by relevant departments for engagement
in illegal business operations within the recent three years;

(4)

Having knowledge of the performance, indices and major uses of the items and technologies that it applies for management;

(5)

Having a department or institution that takes charge of the export and after-sales follow-up services.

Article 5

To apply for registration, a business operator shall truthfully fill in and submit the following materials:

(1)

Application Form of the People’s Republic of China for the Export Registration of Sensitive Items and Technologies (see Attachment
I);

(2)

Business License of Legal Person Enterprise (in photocopy);

(3)

Qualifications Certificate of an Import & Export Enterprise (in photocopy) or Approval Certificate of a Foreign-funded Enterprise
(in photocopy).d.

Article 6

The Technology Department under the MOFTEC shall, within 10 workdays after receiving the application for registration, decide whether
registration is to be granted. Where registration is to be granted, a Registration Certificate of the People’s Republic of China
for the Export of Sensitive Items and Technologies (hereafter “Registration Certificate”, see Attachment II) shall be issued, and
to which the Special Seal of the People’s Republic of China for Export Control” shall be affixed. In case the materials submitted
by the business operator is incomplete and need to be supplemented, the time limit for registration shall be counted as of the day
when complete materials are received.

Article 7

No business operator may, in the process of applying for registration, deliberately conceal any true facts, provide any false information
or obtain a Registration Certificate by any unlawful means.

Article 8

The Registration Certificate shall be valid to the registered business operator only, and may not be forged, altered, lent, leased
or transferred.

Article 9

In case the name of the enterprise is changed or the enterprise is merged, split or rescinded, the business operator shall inform
the Department of Technology under the MOFTEC and return the original Registration Certificate in good time. In case it need to continue
engaging in the export of sensitive items and technologies, it shall go through registration procedures anew and obtain a new Registration
Certificate.

Article 10

A Registration Certificate shall be valid for a term of three years. In case the business operator concerned needs to continue engaging
in the export of sensitive items and technologies, it shall accomplish the change of Registration Certificates one month prior to
the expiration of the valid term.

Article 11

In case any Registration Certificate is damaged or missing, the business operator concerned shall inform the Department of Technology
under the MOFTEC and submit a written explanation in good time. If it needs to continue engaging in the export of sensitive items
and technologies, it shall go through the procedures of registration anew, and obtain a new Registration Certificate.

Article 12

A business operator shall, when applying for approval certificates for the export of sensitive items and technologies, show its Registration
Certificate.

Article 13

All registered business operators shall, when engaging in the export of sensitive items and technologies, rigidly comply to the laws,
regulations and ministerial rules of the state concerning export control, and shall voluntarily accept the administration of the
MOFTEC.

Article 14

Any business operator who unlawfully engages in the export of any sensitive item or technology without being registered shall be dealt
with according to relevant statutory provisions including the Regulation of the People’s Republic of China on Controlling the Export
of Dual-purpose Nuclear Products and Affiliated Technologies, the Regulation of the People’s Republic of China on Controlling the
Export of Guided Missiles and Affiliated Items and Technologies, the Regulation of the People’s Republic of China on Controlling
the Export of Dual-purpose Biological Products and Affiliated Equipments and Technologies, and the Measures for Controlling the Export
of Relevant Chemical Products and Affiliated Technologies, etc.

Article 15

Any business operator that violates the provisions of either Article 7 or 8 or 9 of the present Measures may, apart from being given
a warning by the MOFTEC, be punished by having its Registration Certificate canceled according to relevant provisions.

Article 16

In case any registered business operator commits any act of violating any of the laws, regulations or ministerial rules of the state
concerning export control in the process of managing the export of sensitive items or technologies, the MOFTEC may, apart from meting
out punishments thereto according to relevant statutory provisions, cancel the Registration Certificate thereof according to relevant
provisions. The business operator shall, after the Registration Certificate thereof being canceled, go through registration procedures
anew before engaging in the export of sensitive items and technologies.

Article 17

The term “photocopy” as mentioned in the present Measures shall refer to one that bears the seal of the certificate issuing organ.

Article 18

The power to interpret the present Measures shall remain with the MOFTEC.

Article 19

The present Measures shall enter into force as of November 12, 2002. The Measures of the People’s Republic of China for the (Interim)
Administration of the Export Registration of Guided Missiles and Affiliated Items and Technologies shall be repealed concurrently.

Attachment:

1.Application Form of the People’s Republic of China for the Export Registration of Sensitive Items and Technologies(ommitted)

2.Certificate of the People’s Republic of China for the Export Registration of Sensitive Items and Technologies(ommitted)

 
The Ministry of Foreign Trade and Economic Cooperation
2002-11-12

 




INTERIM MEASURES FOR THE ADMINISTRATION OF THE OPERATIONS OF FOREIGN EXCHANGE PURCHASE AND SALE CONDUCTED BY DESIGNATED FOREIGN EXCHANGE BANKS

The People’s Bank of China

Decree of the People’s Bank of China (PBC)

No.4

Interim Measures for the Administration of the Operations of Foreign Exchange Purchase and Sale Conducted by Designated Foreign Exchange
Banks was approved on the 39th official meeting held by the PBC on October 8, 2002. It is hereby announced to be effective as from
December 1, 2002.

Governor of the People’s Bank of China Dai Xianglong

November 16, 2002

Interim Measures for the Administration of the Operations of Foreign Exchange Purchase and Sale Conducted by Designated Foreign Exchange
Banks

Chapter I General Provisions

Article 1

In accordance with the Regulations on the Exchange System of the People’s Republic of China (hereinafter referred to as regulations
on the exchange system) and other related laws and regulations, the Measures is formulated with a view to regulating the operations
of foreign exchange purchase and sale conducted by the designated foreign exchange banks, clarifying the principles of the administration
of the self-satisfying foreign exchange purchase and sale, and ensuring the stable operation of the foreign exchange market.

Article 2

The PBC and its branches as well as the State Administration of Foreign Exchange (SAFE) and its branches are the administration agencies
responsible for supervising the operations of foreign exchange purchase and sale conducted by the designated foreign exchange banks.
The PBC, together with the SAFE, shall be in charge of granting and revoking the franchise of the operations of foreign exchange
purchase and sale. The SAFE shall be responsible for the daily supervision over the operations of foreign exchange purchase and sale,
prescription and adjustment of the positions of foreign exchange purchase and sale, and off-site inspection. The on-site inspection
shall be carried out by the SAFE together with the PBC. The SAFE is enpost_titled to reject the applications of financial institutions
for the operations of foreign exchange purchase and sale, suspend or revoke the franchise of the said operations of the designated
foreign exchange banks that have violated relevant regulations.

Article 3

The definitions of the terms in the Measures are as follows:

1.

Designated foreign exchange banks refer to the financial institutions approved by the PBC to undertake the operations of foreign exchange
purchase and sale, including both Chinese-capital financial institutions and foreign-capital financial institutions. The Chinese-capital
financial institutions refer to the policy banks, wholly state-owned commercial banks, joint stocks commercial banks and their branches,
city commercial banks, rural commercial banks, as well as other franchised financial institutions. The foreign-capital financial
institutions refer to the foreign banks, branches of foreign banks, equity joint-venture banks, and other franchised financial institutions
as stated in the Regulations on the Administration of Foreign-capital Financial Institutions of the People’s Republic of China.

2.

Operations of foreign exchange purchase and sale with clients” refer to the conversions between Renminbi and freely convertible currencies
conducted by the designated foreign exchange banks for their clients.

3.

Operations of self-satisfying foreign exchange purchase and sale refer to the conversions between Renminbi and freely convertible
currencies resulted from the demand of the designated foreign exchange banks.

4.

Positions of foreign exchange purchase and sale(hereafter referred to as positions) refer to funds prescribed by the SAFE, held by
the designated foreign exchange banks, and specially used for foreign exchange purchase and sale, including the specific amount and
stipulated floating range.

Article 4

For conducting the operations of foreign exchange purchase and sale, the financial institutions shall apply to the PBC and obtain
the franchise of designated foreign exchange bank. The financial institutions which are not the designated foreign exchange banks
are prohibited to undertake the operations if foreign exchange purchase and sale.

Article 5

When undertaking of the operations of self-satisfying foreign exchange purchase and sale and the operations of foreign exchange purchase
and sale with clients, the designated foreign exchange banks shall observe the provisions of the Measures and other relevant regulations
concerning the administration of the operations of foreign exchange purchase and sale, control and prepare statistics separately
for the two kinds of operations.

Article 6

The designated foreign exchange banks shall abide by the rules on the administration of the positions, sell the surplus positions
in time through the inter-bank market, and shall not, without the SAFE’s approval, use the positions to cover the self-satisfying
foreign exchange purchase and sale under capita and financial account.

Article 7

The designated foreign exchange banks shall establish separate accounting items for the operations of foreign exchange purchase and
sale, under which, operations of foreign exchange purchase and sale with clients, operations of self-satisfying foreign exchange
purchase and sale, redistribution of the positions with their own system, and “long” or “short” position settlement through the inter-bank
market shall be booked separately.

Article 8

The designated foreign exchange banks shall establish a system for keeping the vouchers and bills related to the operations of foreign
exchange purchase and sale, and keep for no less than 5 years related vouchers and bills separately for their operations of foreign
exchange purchase and sale with clients and operations of self-satisfying foreign exchange purchase and sale.

Article 9

The designated foreign exchange banks shall submit correctly and in a timely fashion to the SAFE the data of foreign exchange purchase
and sale, the positions as well as other relevant statistical tables and materials prescribed by the SAFE in accordance with laws
and regulations.

Article 10

A system of recording shall apply to the designated foreign exchange banks’ large amount transactions of foreign exchange purchase
and sale.

Article 11

The SAFE shall exercise a system of examination in the form of exams, questionnaires etc. to test the competence of personnel (department
managers or presidents in charge) in charge of the operations of foreign exchange purchase and sale of the designated foreign exchange
banks.

Chapter II Market Access and Exit of the Operations of Foreign Exchange Purchase and Sale

Article 12

A financial institution satisfying the following conditions may apply for the franchise of the operations of foreign exchange purchase
and sale:

1.

Established upon the approval of the PBC and having obtained the franchise of financial business;

2.

Having solid management structure and well defined internal control systems, in eluding: (1) Operating rules on the operations of
foreign exchange purchase and sale; (2) Statistical and reporting systems for the operations of foreign exchange purchase and sale;
(3) System for the management of the positions; (4) System for the management of vouchers and bills related to foreign exchange purchase
and sale; (5) Separate accounting items and approach for foreign exchange purchase and sale, and so on.

3.

Professionals having been trained by the SAFE and passed the relevant exams of the SAFE;

4.

Having a system for receiving and sending quotations of foreign exchange purchase and sale of foreign exchange;

5.

Having the electronic equipment and communication facilitates necessary for real time inquiry of the electronic ledger of the import
and export declaration forms, submission of the data of balance of payments statistical reporting and of foreign exchange purchase
and sale;

6.

Where a branch of a financial institution applies for the franchise of the said operations, the authorization from its head office
or the superior (the department in charge) is needed;

7.

Well managed existing operations of foreign exchange with sound internal control, being able to rectify and redress its previous acts
violating foreign exchange rules in accordance with the requirements of the PBC or SAFE;

8.

Other conditions as prescribed by the PBC or SAFE.

Article 13

When applying for the franchise of the operations of foreign exchange purchase and sale, a financial institution shall present to
the PBC the following documents, and sent the duplicates to the SAFE.

1.

An Application report for undertaking operations of foreign exchange purchase and sale;

2.

A feasibility study report on undertaking the operations of foreign exchange purchase and sale;

3.

The name list CVs, and exam-passed certificates issued by the SAFE of the professionals who will take on operations of foreign exchange
purchase and sale;

4.

A brief introduction to electronic and communication facilitates as well as premises necessary for the operations of foreign exchange
purchase and sale;

5.

The rules and internal control system for the operations of foreign exchange purchase and sale;

6.

Other documents as required by the PBC or SAFE.

In the event that a branch of a financial institution applies for the franchise of the operations of foreign exchange purchase and
sale, besides the documents mentioned above, the approval document from its head office or the superior (the department in charge)
shall be presented.

Article 14

The procedure for the examination and approval of application for undertaking the operations of foreign exchange purchase and sale
is as follows:

1.

The applications for launching the operations of foreign exchange purchase and sale by the head offices of policy banks, wholly state-owned
commercial banks, and commercial banks with joint stocks shall be examined and approved by the PBC together with the SAFE

2.

Applications for launching the operations of foreign exchange purchase and sale by the branches of the policy banks, wholly state-owned,
and commercial banks with joint stocks; city and rural commercial banks; other Chinese-capital financial institutions and foreign-capital
banks shall be examined and approved by the local branch or operation administration department of the PBC together with the local
branch or exchange administration offices of the SAFE; the branches and operation administration offices of the PBC may, according
to the supervising ability of the key sub-branches under their jurisdiction, authorize the key sub-branches to examine and approve,
jointly with the local sub-branches of the SAFE, the application for launching the said operations by the sub-branches of banks,
city commercial banks, rural commercial banks, other Chinese-capital financial institutions and foreign-capital banks under their
jurisdiction.

Article 15

In case the approval of an application for undertaking the operations of foreign exchange purchase and sale is made by the PBC consulting
with the SAFE, the SAFE shall issue its view to the PBC within 15 working days from the date of receiving the documents to be countersigned.

Article 16

The designated foreign exchange banks franchised to handle the operations of foreign exchange purchase and sale, before the official
start of the said operations, shall have their electronic equipment and communication facilities prescribed by paragraph 5, article
12 or this Measure inspected by the local SAFE office.

Article 17

In application for terminating the operations of foreign exchange purchase and sale, the designated foreign exchange banks shall present
the PBC with the following documents:

1.

An application report for terminating the operations of foreign exchange purchase and sale (including the reason for termination,
measures and procedure for handling related assets and liabilities after termination);

2.

The approval document from its board of directors, head office or the superior (the department in charge);

3.

Other documents as required by the PBC and SAFE.

When examining and approving the applications for terminating the operations of foreign exchange purchase and sale of the designated
foreign exchange banks, the PBC shall send to the SAFE a duplicate of the approval.

Chapter III Administration of the Positions

Article 18

The designated foreign exchange bank shall apply to SAFE for the prescription of the positions within 30 working days from the date
of receiving the franchise of the operations of foreign exchange purchase and sale.

Article 19

The SAFE shall exercise limit control over the positions of the designated foreign exchange banks and check them on a daily basis.

Article 20

The jurisdictions of prescribing the positions are as follows:

1.

The positions limit for the head offices of the wholly state-owned commercial banks, commercial banks with joint stocks and policy
banks shall be prescribed by the SAFE;

2.

The positions limit for the city commercial banks, rural commercial banks, other Chinese-capital financial institutions, and foreign-capital
banks shall be prescribed by the local branch of the SAFE and reported to the SAFE for record;

Article 21

The SAFE offices shall prescribe the positions limit for the designated foreign exchange banks according to the principle of legal
person, and shall not prescribe separate limits for their branches and sub-branches.

The positions of the branches of the designated foreign exchange banks shall be allocated and collectively managed by their head offices
within the limits prescribed by the SAFE offices. The result of allocation shall be submitted to the local SAFE offices in the domiciles
of the branches for record. The local SAFE offices shall be in charge of the daily administration of the positions of the local designated
foreign exchange banks.

Article 22

The basis for the prescription and adjustment of the positions shall be is as follows:

1.

The scale of the paid-in capital or the operating funds of the designated foreign exchange bank;

2.

The number of the branches and sub-branches;

3.

The average of daily net foreign exchange purchase;

4.

The maximum amount of daily sale of foreign exchange;

5.

The maximum amount of single purchase or sale of foreign exchange;

6.

The quality of the submission of the data of daily positions;

7.

The national macro-economic conditions, such as the level of foreign exchange reserves and interest rates of the local and foreign
currencies, and so on;

8.

Other factors.

Article 23

Having been approved by SAFE, a designated foreign exchange bank may employ its Renminbi operating funds to buy foreign exchange through
inter-bank foreign exchange market as its positions.

Upon the receipt of the approval of the SAFE office concerned, a designated foreign exchange bank shall purchase foreign exchange
as its positions with its Renminbi operating funds through inter-bank foreign exchange market within 30 working days . If it fails
to do so within the time limit, the SAFE office’s approval shall automatically expire on its due date.

Article 24

Where the designated foreign exchange bank needs to adjust the positions limit due to dramatic changes in the volume of its foreign
exchange purchase and sale, it shall present to the concerned SAFE office a written application. Without the approval from the SAFE
office the designated foreign exchange bank shall not adjust the positions limit arbitrarily.

Article 25

After receiving the franchise of designated foreign exchange bank, the head office of a designated foreign exchange bank shall apply
to the China Foreign Exchange Trading Centre for the membership of inter-bank foreign exchange market; where a branch of a designated
foreign exchange bank applies for such membership, it shall obtain the authorisation from its superior (the department in charge).
After receiving the membership of inter-bank foreign exchange market, the branch and sub-branch of the designated foreign exchange
bank may long or short its positions either through the inter-bank foreign exchange market or within its own system. Without such
membership, the branch and sub-branch shall long and short its positions only within its own system.

Article 26

A designated foreign exchange bank shall manage its positions on a daily basis, keep its positions within the limit prescribed by
the SAFE office, and present a report on its daily positions to the SAFE office concerned on a daily basis.

Longs and shorts of the positions between the designated foreign exchange banks shall be undertaken only through the inter-bank foreign
exchange market.

Article 27

The designated foreign exchange bank’s positions for each business day shall be calculated in US dollar. The loss or gain resulted
from the conversion shall be recorded in other items of currency exchange, and shall not be incorporated into the positions.

Article 28

Zero-position management shall be adopted by the designated foreign exchange bank whose positions limit has not been prescribed by
the SAFE office concerned. Its net purchase or sale of foreign exchange on every business day shall be settled through the interbank
foreign exchange market on the next business day.

Article 29

In the event that the designated foreign exchange bank applies for terminating its operations of foreign exchange purchase and sale
on its own initiative, or the PBC or SAFE revokes its franchise of the operations of foreign exchange purchase and sale due to its
operation violating regulations, the said bank shall apply to the SAFE office concerned within 30 working days from the termination.
After receiving the approval from the SAFE office, the designated foreign exchange bank shall clear its positions up to the liquidation.

Chapter IV Administration of the Operations of Self-satisfying Foreign Exchange Purchase and Sale

Article 30

Unless otherwise stipulated, after reporting to the SAFE office concerned for record, the designated foreign exchange bank shall sell
its net foreign exchange profits through inter-bank foreign exchange market within 3 months after the end of the current fiscal year,
or within 10 working days after the annual profit distribution arrangement is approved by the board of directors.

The net foreign exchange profits of a foreign-funded bank without the license of Renminbi business do not have to be sold.

Article 31

The Renminbi net gains of a foreign bank with the license of Renminbi business may be converted into foreign exchange and remitted
abroad. The conversion and remittance shall be reported to the local SAFE office for record.

Article 32

The self-satisfying commodity import of a designated foreign exchange bank shall, according to relevant provisions related to factorage
import, be conducted by the foreign trade company with the franchise of factorage foreign trade. The designated foreign exchange
bank shall not make outward payment directly.

Article 33

The payment to overseas for self-satisfying service by the designated foreign exchange bank may be made either directly from its foreign
exchange account, or purchased foreign exchange in accordance with relevant laws and regulations.

Article 34

The payment of a designated foreign exchange bank for its self-satisfying transaction under capital and financial account approved
by the SAFE office concerned shall be made with its own foreign exchange operating funds.

In the event that a bank has advanced foreign exchange for its client in the business of foreign exchange loan, international settlement,
foreign exchange credit card, and so on, and the client fails to pay back on time, the bank offset the loss with its own foreign
exchange paid-in capital or operating funds in accordance with relevant laws and regulations, and shall not purchase foreign exchange
without approval or use the foreign exchange sold by its clients for such purpose.

The shortfall of foreign exchange capital or operating funds of the head office of a designated foreign exchange bank, upon the approval
of the SAFE office concerned, may be made up by purchasing foreign exchange through the inter-bank foreign exchange market.

Chapter V Administration of the Operations of Foreign Exchange Purchase and Sale with Clients

Article 35

The designated foreign exchange bank shall carry out the operations of foreign exchange purchase, sale, and payment with clients verify
the prescribed valid proofs and business bills, sign and seal thereon and keep them for future check in accordance with relevant
rules on foreign exchange purchase, sale, and payment.

Article 36

A designated foreign exchange bank shall, on the basis of the renimibi base rates quoted by the PBC for the current day and the prescribed
floating range, quote the exchange rates of Renminbi against foreign currencies and undertake the operations of foreign exchange
purchase and sale of foreign exchange with clients

Article 37

Foreign exchange sale and purchase by a financial institution without the franchise of designated foreign exchange bank shall be handled
through the designated foreign exchange bank.

Article 38

The exchange house conducting the operations of exchange between Renminbi and foreign currencies for individuals shall get the authorization
from the designated foreign exchange bank. Its daily purchase and sale shall be incorporated into the authorizing bank’s statistics
of foreign exchange purchase and sale, Foreign exchange more or less than the limit of its revolving funds shall be sold/bought by
the authorizing bank via the interbank foreign exchange market.

Chapter VI Penalty Provisions

Article 39

In violation of the Measures or other relevant provisions related to foreign exchange purchase, sale and payment, the designated foreign
exchange bank shall be penalized in accordance with the Regulations on the Exchange System and other relevant regulations.

In the event that one of the following cases occurs to the designated foreign exchange bank, the PBC shall revoke its franchise of
the operations of foreign exchange purchase and sale:

1.

Been taken-over by the PBC due to statutory reasons;

2.

Dismissed or been declared to bankrupt according to law;

3.

The franchise of the operations of foreign exchange been revoked by the PBC according to law.

Article 40

In the event that one of the following cases occurs to the designated foreign exchange bank, SAFE shall suspend or revoke its franchise
of the operations of foreign exchange purchase and sale in addition to giving it penalties according to the Regulations on the Exchange
System:

1.

Handling foreign exchange purchase, sale or payment of foreign exchange for clients without prescribed valid proofs and business bills,
and the cumulative amount exceeding the equivalent of 1 million US dollar;

2.

Handling foreign exchange purchase, sale or payment for clients without full set of in the prescribed valid proofs and business bills
and the cumulative amount exceeding the equivalent of 5 million US dollar;

3.

Handling foreign exchange sale of foreign exchange for clients beyond the amount indicated by the valid proofs and business bills
and the cumulative amount exceeding the equivalent of 5 million US dollar;

4.

Handling self-satisfying foreign exchange purchase and sale that shall be reported to the SAFE office concerned for approval without
approval;

5.

The amount of purchase/sale of foreign exchange in violation of regulations accounts for more than 10 percent of its sum purchase/sale
of foreign exchange for the current year;

6.

The quantity of deals of purchase/sale of foreign exchange in violation of regulations accounts for more than 10 percent of its sum
deals of purchase/sale of foreign exchange for the current year;

7.

Other serious acts violating the regulations on purchase and sale of foreign exchange.

Article 41

In the event that a designated foreign exchange bank commits one of the following acts in violation of the regulations governing the
positions, the SAFE office concerned shall suspend or revoke its franchise of operations of foreign exchange purchase and sale, in
addition to giving it penalties in accordance with the Regulations on the Exchange System:

1.

fails to clear its long or short positions through the inter-bank foreign exchange market for no less than 5 working days consecutively;

2.

fails to clear its long or short positions through the inter-bank foreign exchange market for more than ten times cumulatively within
a quarter;

3.

for a consecutive three months, error occurs in the positions statistics for no less than four times per month;

4.

Other serious acts violating the regulations governing the positions.

Article 42

In the event that a designated foreign exchange bank violates the report system for foreign exchange purchase and sale by failing
to submit statistical tables and materials and have the abnormal circumstances recorded, the SAFE office concerned shall penalize
it in accordance with the Regulations on the Exchange System and other relevant regulations. In the event that a designated foreign
exchange bank fails for several times within one year to submit the statistical tables and materials as required, and have the large
amount purchase and sale of foreign exchange recorded in accordance with relevant regulations, the SAFE office concerned shall suspend
or revoke its franchise of the operations of foreign exchange purchase and sale.

Article 43

In the event that the designated foreign exchange bank and exchange houses violate the Measures and other regulations governing foreign
exchange purchase, sale and payment, the competent agencies shall penalize the person who is directly in charge or responsible in
accordance with the Provisions on the Administrative Sanctions to the Financial Institutions and Direct Responsible Persons Violating
Provisions on the Administration of Foreign Exchange Purchase and Sale, and the Interim Provisions on the Administrative or Disciplinary
Sanctions Given to the Crimes of Defrauding, Illegal Arbitrage, Evasion, Illegal Purchase and Sale of Foreign Exchange, and Other
Acts Violating the Regulations on Foreign Exchange Administration, and so on.

Chapter VII Supplementary Provisions

Article 44

The regulations governing forward foreign exchange purchase and sale and other derivatives involving the exchange between Renminbi
and foreign currencies shall be formulated separately by the PBC.

Article 45

The Measures shall be interpreted by the PBC.

Article 46

The Measures shall enter into force as of December 1, 2002. In case of any conflict with previous rules and regulations, the Measures
shall prevail. Article 4 of the Rules for the Implementation of the Foreign-capital Bank’s Operations of Foreign Exchange Purchase,
Sale and Payment promulgated on June 18, 1996 by the PBC, the Announcement of the PBC on Incorporating the Enterprises with Foreign
Investment into the System of Foreign Exchange Purchase and Sale through Banks promulgated on June 20, 1996, and the Official Reply
of the General Affairs Department of the SAFE on Issues Related to Franchising the Branches and Sub-branches of the Wholly State-owned
Commercial Banks to Undertake the Operations of Foreign Exchange Purchase and Sale ( HuiZongFu [2001] No.1) shall be nullified at
the same time.



 
The People’s Bank of China
2002-11-16

 







INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING ARTICLE 313 OF THE CRIMINAL LAW

Interpretation by the Standing Committee of the National People’s Congress Regarding Article 313 of the Criminal Law of the People’s
Republic of China

(Adopted at the 29th Meeting of the Standing Committee of the Ninth National People’s Congress on August 29, 2002) 

Having discussed the implication of “Whoever has the ability to execute the judgment or order made by a people’s court but refuses
to do so, if the circumstances are serious” as prescribed in Article 313 of the Criminal Law, the Standing Committee of National
People’s Congress gives the interpretation as follows: 

“The judgment or order made by a people’s court ” prescribed in Article 313 of the Criminal Law refers to the judgment or order which
is made by a people’s court in accordance with law and which has the contents of execution and is illegally effective. The orders
made by the people’s courts for execution, in accordance with law, of the orders for payment, effective mediation documents, arbitral
awards, notarized documents of obligation, etc. are included in the orders as prescribed in Article 313.  

The following cases come under the category of “Whoever has the ability to execute the judgment or order made by a people’s court
but refuses to do so, if the circumstances are serious” as prescribed in Article 313 of the Criminal Law: 

(1) the person subjected to execution conceals, transfers, intentionally damages or destroys property, or gratuitously conveys property,
or conveys property at a lower price which is obviously unreasonable, thereby making it impossible to execute the judgment or order; 

(2) the guarantor or the person subjected to execution conceals, transfers, intentionally damages or destroys property, or conveys
the property which has been provided as a guaranty to a people’s court, thereby making it impossible to execute the judgment or order; 

(3) the person who has the obligation to assist in execution refuses to do so upon receiving from a people’s court the notice for
assistance in execution, thereby making it impossible to execute the judgment or order; 

(4) the person subjected to execution, the guarantor, or the person who has the obligation to assist in execution conspires with
the functionary of a State organ and obstructs execution by making use of the power of the said functionary, thereby making it impossible
to execute the judgment or order; or  

(5) any other person who has the ability to execute refuses to do so, if the circumstances are serious.  

Any functionary of a State organ who commits the act prescribed in subparagraph ( 4 ) mentioned above, shall be deemed an accomplice
in the crime of refusing to execute a judgment or order and be investigated for criminal responsibility. Any functionary of a State
organ who accepts bribes or abuses his power and commits the act prescribed in subparagraph ( 4 ) mentioned above, which at the same
time constitutes a crime as provided for in Article 385 or 397 of the Criminal Law, shall be convicted and punished in accordance
with the provisions for a heavier punishment. 

This Interpretation is hereby announced.

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







SURVEYING AND MAPPING LAW OF THE PEOPLE’S REPUBLIC OF CHINA






Standing Committee of the National People’s Congress of the People’s Republic of China

Order of the President of the People’s Republic of China

No.75

The Surveying and Mapping Law of the People’s Republic of China was amended and adopted at the 29th Meeting of the Standing Committee
of the Ninth National People’s Congress of the People’s Republic of China on August 29, 2002, the amended Surveying and Mapping Law
of the People’s Republic of China is hereby promulgated and shall come into force on December 1, 2002.

Jiang Zemin, President of the People’s Republic of China

August 29, 2002

Surveying and Mapping Law of the People’s Republic of China ContentsChapter 1 General Provisions

Chapter 2 Surveying and Mapping Benchmark and Systems

Chapter 3 Basic Surveying and Mapping

Chapter 4 Borderline Surveying and Mapping and Other Surveying and Mapping

Chapter 5 Qualification and Competency of Surveying and Mapping

Chapter 6 Achievement of Surveying and Mapping

Chapter 7 Protection of Surveying Markers

Chapter 8 Legal Responsibilities

Chapter 9 Supplementary Provisions

Chapter 1 General Provisions

Article 1

This Law is formulated for the purpose of strengthening the administration of surveying and mapping, promoting the development
of the undertaking of surveying and mapping and ensuring the service thereof to the national economic construction, the building-up
of national defense, and the social development.

Article 2

All surveying and mapping activities conducted in the domain of People’s Republic of China and other sea areas under the jurisdiction
of the People’s Republic of China shall comply with this Law.

The “surveying and mapping” as used in this Law shall refer to the surveying, collection and presentation of the shape, size, spatial
location and properties of the natural geographic factors or the man-made facilities on the surface, as well as the activities for
processing and providing of the obtained data, information and achievements.

Article 3

The undertaking of surveying and mapping is fundamental to the economic construction, the building-up of national defense and the
social development. The people’s governments at all levels shall strengthen the leadership over the work of surveying and mapping.

Article 4

The competent administrative department of surveying and mapping under the State Council shall be in charge of the unified supervision
and administration of the surveying and mapping work throughout the country. Other relevant departments under the State Council shall
be responsible for the management of surveying and mapping work related to them according to the division of functions and responsibilities
assigned to them by the State Council.

The administrative departments responsible for the management on surveying and mapping work under the local people’s governments
at or above the county level (hereinafter refer to competent administrative department of surveying and mapping) l shall be responsible
for unified supervision and management on the surveying and mapping work within their respective administrative regions. Other relevant
departments of the local people’s governments at or above the county level shall be responsible for the management of surveying and
mapping work related to them according to the division of functions and responsibilities assigned to them by the people’s governments
at the corresponding level.

The competent department of surveying and mapping in the armed forces shall be responsible for the management of surveying and mapping
work of military departments, and shall, according to the division of the functions and responsibilities assigned to it by the State
Council and the Central Military Commission, be responsible for the management of basic marine surveying and charting work.

Article 5

Those conducting surveying and mapping shall make use of the surveying and mapping benchmark and systems prescribed by the State
and execute the technical norms and standards of surveying and mapping prescribed by the state.

Article 6

The state shall encourage the innovation and advancement in science and technology of surveying and mapping , and the adoption of
advanced technology and equipment so as to improve the level of surveying and mapping.

Entities and individuals that have made significant contributions to the advancement on science and technology of surveying and mapping
shall be awarded in accordance with the relevant provisions of the state.

Article 7

A foreign organization or individual that conducts surveying and mapping in the domain of the People’s Republic of China and other
sea areas under the jurisdiction of the People’s Republic of China must be subject to the approval of the competent administrative
department of surveying and mapping under the State Council jointly with the competent department of surveying and mapping in the
armed forces, and must abide by the relevant laws and regulations of the People’s Republic of China.

A foreign organization or individual that conducts surveying and mapping in the domain of the People’s Republic of China must take
the form of joint venture or cooperation with the relevant departments or entities of the People’s Republic of China, and may not
deal with any state secret and harm the state security.

Chapter 2 Surveying and Mapping Benchmark and Systems

Article 8

The State shall establish and adopt the nationwide unified geodetic benchmark , vertical benchmark , depth benchmark and gravimetric
benchmark , and the data thereof shall be examined and verified by the administrative department of surveying and mapping under the
State Council and, after consultation with other relevant departments under the State Council and the competent department of surveying
and mapping in the armed forces, shall be submitted to the State Council for approval.

Article 9

The State shall establish a nationwide unified geodetic coordinates system, plane coordinates system, vertical system, geocentric
coordinates system and gravimetric survey system, and define the grade and precision of the national geodetic survey, as well as
the national basic scale map series and their basic precision. Specific norms and requirements shall be formulated by the competent
administrative department of surveying and mapping under the State Council after consultation with other relevant departments under
the State Council and the competent department of surveying and mapping in the armed forces.

Under the circumstances that the state security shall not be disturbed, the adoption of international coordinates systems where it
is really necessary must be subject to the approval of the competent administrative department of surveying and mapping under the
State Council jointly with the competent department of surveying and mapping in the armed forces.

Article 10

Where the large cities and major engineering projects of the state do need to establish relatively independent plane coordinates
systems for the needs of construction, urban planning and scientific research, the establishment shall be subject to the approval
of competent administrative department of surveying and mapping under the State Council; and other establishment of relatively independent
plane coordinates systems where it is really necessary shall be subject to the approval of the competent administrative department
of surveying and mapping of the people’s government of the relevant province, autonomous region or municipality directly under the
Central Government.

The relatively independent plane coordinate systems established shall be connected with the state coordinate systems.

Chapter 3 Basic Surveying and Mapping

Article 11

Basic surveying and mapping is a public welfare undertaking. The state shall administer the basic surveying and mapping on a classified
grade basis.

The “basic surveying and mapping” as used in this Law shall refer to establishing nationwide unified surveying and mapping benchmark
and systems, conducting basic aerial photography, obtaining remote sense materials of basic geographic information, mapping and updating
national basic scale maps, image maps and digital products; and establishing and updating the basic geographic information systems.

Article 12

The competent administrative department of surveying and mapping under the State Council shall, jointly with other relevant departments
under the State Council and the competent department of surveying and mapping in the armed forces, draw up the plan for national
basic surveying and mapping, submit the plan to the State Council and take charge of the implementation after approval.

The competent administrative departments of surveying and mapping of the local people’s governments at or above the county level shall,
jointly with other relevant departments of the people’s governments at the corresponding level, take charge of the drawing-up of
the plans for basic surveying and mapping of their respective administrative regions on the basis of the plans for basic surveying
and mapping of the state and the people’s governments at the next higher level and in light of the actual situation of their respective
administrative regions, and shall submit such plans to the people’s governments at the corresponding level for approval and take
charge of implementation after submitting them to the competent administrative departments of surveying and mapping at the next higher
level for record. .

Article 13

The competent department of surveying and mapping in the armed forces shall draw up the plans for military surveying and mapping,
draw up plans for the basic marine surveying and charting according to the division of functions and responsibilities assigned
to it by the State Council and the Central Military Commission, and shall take charge of their implementation.

Article 14

The people’s governments at or above the county level shall put the basic surveying and mapping into their annual plans and financial
budgets of national economic and social development at the corresponding level.

The competent department of development planning under the State Council shall, jointly with the competent administrative department
of surveying and mapping under the State Council, draw up the annual plan for national basic surveying and mapping on the basis of
the plan for national basic surveying and mapping.

The competent departments of development planning of the local people’s governments at or above the county level shall, jointly with
the competent administrative department of surveying and mapping at the corresponding level, draw up the annual plans for basic surveying
and mapping of their respective administrative regions on the basis of the plans for basic surveying and mapping of their respective
administrative regions, and shall submit such annual plans to the respective competent departments for record.

The state shall give financial support to the basic surveying and mapping of the remote areas and the areas of minor nationalities.

Article 15

The results of basic surveying and mapping shall be updated periodically, and those urgently needed in the construction of national
economy, national defense and social development shall be updated timely

The updating period of basic surveying and mapping results shall be determined according to the needs of national economic and social
development of different areas.

Chapter 4 Borderline Surveying and Mapping and Other Surveying and Mapping

Article 16

Surveying and mapping of national boundaries of the People’s Republic of China shall be carried out in accordance with the boundary
treaties or agreements signed by the People’s Republic of China with the adjacent nations. Standard sample maps of the national
boundaries of the map of People’s Republic of China shall be drafted by the Ministry of Foreign Affairs and the competent administrative
department of surveying and mapping under the State Council, and be submitted to the State Council for approval and promulgate it
after approval..

Article 17

Surveying and mapping of administrative regions boundaries shall be carried out in accordance with the relevant provisions of the
State Council. The standard drawings of administrative regions boundaries between provinces, autonomous regions and municipalities
directly under the Central Government, and between autonomous prefectures, counties, autonomous counties and city districts shall
be drafted by the department of civil affairs under the State Council jointly with the competent administrative department of surveying
and mapping under the State Council, and be submitted to the State Council for approval and promulgate it after approval..

Article 18

The competent administrative department of surveying and mapping under the State Council shall, jointly with the competent administrative
department of land under the State Council, draw up the plan for national cadastre surveying and mapping. The competent administrative
departments of surveying and mapping of the local people’s governments at or above the county level shall, jointly with the competent
administrative departments of land at the corresponding level, draw up the plans for cadastre surveying and mapping of their respective
administrative regions.

The competent administrative departments of surveying and mapping of the people’s governments at or above the county level shall,
on the basis of the plans for cadastre surveying and mapping, take charge of the organization and administration of cadastre surveying
and mapping.

Article 19

Surveying and mapping of the ownership boundary location lines of lands, buildings, structures and other aboveground objects attached
to the land shall be conducted in accordance with the ownership boundary location points and ownership boundary location lines determined
by the local people’s governments at or above the county level or by the relevant registration data and attached maps provided by
such governments. In case of alteration of the ownership boundary location lines, the parties concerned shall make the surveying
and mapping of alteration timely.

Article 20

For the engineering surveying activity of urban construction areas, and the surveying of the house area related to the property right
or property owner of the house, the technical norms of surveying organized and drawn up by the competent administrative department
of construction under the State Council and the competent administrative department of surveying and mapping under the State Council
shall be executed.

The engineering surveying activity in water conservancy, energy, traffic, communication, resource development and other areas shall
be carried out pursuant to the relevant technical norms of engineering surveying of the state.

Article 21

Establishment of geographic information systems must make use of the basic geographic information data that meet the state standards

Chapter 5 Qualification and Competency for Surveying and Mapping

Article 22

The state shall adopt the system of administration of surveying and mapping qualification to the entities conducting surveying and
mapping.

Entities conducting surveying and mapping shall possess the following conditions, and shall obtain the certificates of surveying and
mapping qualification of the corresponding grade before conducting any surveying and mapping:

(1)

Having the professional technical personnel compatible with the conduction of surveying and mapping;

(2)

Having the technical equipment and facilities compatible with the conduction of surveying and mapping;

(3)

Having a sound technique, quality guarantee system and the management system for surveying and mapping results and the materials
and archives;

(4)

Having other conditions ruled by the competent administrative department of surveying and mapping; under the State Council.

Article 23

The competent administrative department of surveying and mapping under the State Council and the competent administrative departments
of surveying and mapping of the people’s governments of the provinces, autonomous regions, municipalities directly under the Central
Government shall, according to their respective functions and responsibilities, be in charge of the examination of the qualification
for surveying and mapping and the issuance of the qualification certificates. The specific measures shall be provided for by the
competent administrative department of surveying and mapping under the State Council after consultation with other relevant departments
under the State Council.

The competent department of surveying and mapping in the armed forces shall be responsible for the examination of the qualification
for surveying and mapping of the military entities.

Article 24

A surveying and mapping entity may not conduct surveying and mapping beyond the scope of its qualification grade or conduct surveying
and mapping in the name of other surveying and mapping entities, neither may it allow other entities to conduct surveying and mapping
in its name.

In the contracting of a surveying and mapping project, the contract-issuing entity may not give the contract to an entity without
the corresponding surveying and mapping qualification grade or force the surveying and mapping entity to contract the project with
the contracting fee lower than the cost.

The surveying and mapping entity may not sub-contract the surveying and mapping project it contracted.

Article 25

The professional technical personnel conducting surveying and mapping shall have the corresponding condition of practice qualification,
the specific measures shall be prescribed by the competent administrative department of surveying and mapping under the State Council
jointly with the competent administrative department of personnel under the State Council.

Article 26

Surveying and mapping personnel shall conduct surveying and mapping work with surveying and mapping work certificates.

No entity or individual may impede or obstruct the surveying and mapping conducted by surveying and mapping personnel in accordance
with the law.

Article 27

The format of the certificate of qualification of surveying and mapping entity, the practice certificate of professional surveying
and mapping technical personnel and the surveying and mapping work certificates of the surveying and mapping personnel shall be uniformly
prescribed by the competent administrative department of surveying and mapping under the State Council.

Chapter 6 Achievement of Surveying and Mapping

Article 28

The state shall adopt the system of collection and submission of surveying and mapping achievement.

After a surveying and mapping project is finished, the sponsor of the project or the entity undertaking the project with state investment
shall collect and submit the surveying and mapping achievement and materials to the competent administrative department of surveying
and mapping under the State Council or the competent administrative department of surveying and mapping of the people’s government
of the relevant province, autonomous regions, or municipality directly under the Central Government. If a project of surveying
and mapping belong to basic one, the counterparts of the surveying and mapping achievement shall be collected and submitted; If
a project of surveying and mapping belongs to non-basic one, the catalog of surveying and mapping achievement shall be collected
and submitted. The competent administrative department of surveying and mapping in charge of acceptance of the counterparts and
catalogs of surveying and mapping achievement shall issue the proof of collection and submission of the achievement, and shall
transfer the counterparts and catalogs to the depository units . The State Council shall formulate the specific measures for the
collection and submission of surveying and mapping achievement .

The competent administrative department of surveying and mapping under the State Council or the competent administrative departments
of surveying and mapping of the people’s governments of the provinces, autonomous regions, or municipalities directly under the
Central Government shall periodically compile the catalogs of surveying and mapping achievement and promulgate them to the public.

Article 29

The depository units of surveying and mapping achievement shall take measures to ensure the completeness and safety of the surveying
and mapping achievement , and shall publicize and provide the achievement to the public pursuant to the relevant provisions of the
state.

Where the surveying and mapping achievements belong to state secrets, the provisions of the laws and regulations of the state on
secrecy shall be applied; if such achievements need to be provided to foreign organizations or individuals, the examination and
approval procedures prescribed by the State Council and the Central Military Commission shall be followed.

Article 30

With respect to the surveying and mapping projects financed by the finance fund and the construction engineering surveying and mapping
projects financed by the finance fund, the relevant departments shall seek opinions from the competent administrative departments
of surveying and mapping of the people’s governments at the corresponding level before approving the establishment of the project,
if there are suitable surveying and mapping achievements , the existing achievements shall be fully utilized and shall avoid
the repeated surveying and mapping

Article 31

The achievements of basic surveying and mapping and other surveying and mapping achievements achieved by state investment that
are used in decision-making of the state or in public welfare undertakings shall be provided gratuitously.

Except those prescribed in the preceding paragraph , the system of compensated use shall be applied according to law.,; but such
achievement may be used gratuitously for the needs of public interests of the governments and the relevant departments and armed
forces due to the prevention and mitigation of disasters, and the construction of national defense, etc.

The State Council shall formulate the specific measures for the use of surveying and mapping achievement.

Article 32

The significant geographic information and data concerning the positions, elevations, depths, areas and lengths in the domain of
the People’s Republic of China and other sea areas under the jurisdiction of the People’s Republic of China shall be examined and
verified by the competent administrative department of surveying and mapping under the State Council , and after consultation with
other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, be
submitted to the State Council for approval, and then promulgated by the State Council or by the department authorized thereby.

Article 33

The people’s governments at all levels shall strengthen the administration of the compiling, printing, publication, and publishing
of maps, to guarantee the quality of the maps and to safeguard the sovereignty, security and interests of the state. The specific
measures shall be formulated by the State Council .

The people’s governments at all levels shall strengthen the propaganda and education on consciousness of the state territory, and
increase the . civic consciousness of the state territory.

Article 34

Surveying and mapping entities shall be responsible for the quality of the surveying and mapping achievements finished by them. The
competent administrative departments of surveying and mapping of the people’s governments at or above the county level shall strengthen
the supervision and administration of the quality of surveying and mapping achievements .

Chapter 7 Protection of Surveying Markers

Article 35

No entity or individual may damage, destroy, or remove without authorization the permanent surveying markers as well as the temporary
surveying markers still in use, or seize or occupy the land used for permanent surveying markers, or conduct any activity which endangers
the safety and utilization efficiency of the surveying marker within the security control area of a permanent surveying marker.

The permanent surveying markers as used in this Law refer to the wooden or steel target mark and stone markers for triangulation
points, baseline points, lead points, military control points, gravimetric points, astronomic points, leveling points and satellite
location points of various grads , as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement,
and installations at seabed geodetic points.

Article 36

An entity that establishes permanent surveying markers shall set up distinct signs for such markers, and shall entrust an appropriate
local entity with the designation of personnel to take care of such surveying markers

Article 37

A construction entity shall, when carrying out engineering construction, seek to avoid permanent surveying markers; if it is absolutely
impossible to avoid such markers and necessary to have them removed or lost efficiency, the construction entity shall get the approval
from the competent administrative department of surveying and mapping under the State Council or from the competent administrative
department of surveying and mapping of the people’s government of the relevant province, autonomous region or municipality directly
under the Central Government; where military control points are involved, the consent of the competent department of surveying and
mapping in the armed forces shall be obtained. The construction entity shall bear the expenses for the removal and reestablishment
of such markers.

Article 38

The personnel of surveying and mapping that make use of permanent surveying markers shall have their surveying and mapping work
certificates, and ensure the surveying markers remain in good condition.

The personnel taking care of the surveying markers shall inspect and examine the perfection situation of the markers after employment.

Article 39

The people’s governments at or above the county level shall take effective measures to strengthen the protection of surveying markers.

The competent administrative departments of surveying and mapping of the people’s governments at or above the county level shall
check and maintain the permanent surveying markers according to the provisions.

The people’s governments at the township level shall responsible for the protection of surveying markers within their respective
administrative regions.

Chapter 8 Legal Responsibilities

Article 40

Whoever, in violation of this Law, commits any of the following acts shall be given a warning and be ordered to correct the act, and
may be imposed on a fine of less than 100,000 yuan concurrently; the directly responsible personnel in charge and other directly
responsible personnel shall be given administrative punish in accordance with the law:

(1)

Establishing relatively independent plane coordinates systems without approval;

(2)

Employing the basic geographic information data that don’t meet the state standards in the establishment of geographic information
systems.

Article 41

Whoever, in violation of this Law, commits any of the following acts shall be given a warning and be ordered to correct the act, and
may be imposed on a fine of less than 100,000 yuan concurrently; where a crime has been constituted, the criminal liabilities shall
be imposed ; where the circumstances are not serious enough for criminal punishment, the directly responsible personnel in charge
and other directly responsible personnel shall be given administrative punish in accordance with the law:

(1)

Employing international coordinates systems in surveying and mapping without approval;

(2)

Releasing important geographic information data of the domain of the People’s Republic of China and other sea areas under the jurisdiction
of the People’s Republic of China without authorization.

Article 42

Whoever, in violation of this Law, conducts surveying and mapping activity without the certificate of qualification for surveying
and mapping and permission shall be ordered to stop the illegal act, the illegal gains and the surveying and mapping achievements
shall be confiscated, and a fine of more than 1 time but less than 2 times of the agreed remuneration for surveying and mapping shall
be imposed.

For those obtaining the certificate of qualification for surveying and mapping by deceitful means to conduct surveying and mapping
activity, their qualification certificates shall be revoked, the illegal gains and the surveying and mapping achievements shall be
confiscated, and a fine of more than 1 time but less than 2 times of the agreed remuneration for surveying and mapping shall be imposed,
.

Article 43

Any surveying and mapping entity that, in violation of this Law, commits any of the following acts shall be ordered to stop the illegal
act, the illegal gains and surveying and mapping achievements shall be confiscated, a fine of more than 1 time but less than 2 times
of the agreed remuneration for surveying and mapping shall be imposed on that entity, and the entity may be ordered to stop business
for rectification or its qualification grade may be lowered; where the circumstances are serious, its certificate of qualification
for surveying and mapping shall be revoked:

(1)

Conducting surveying and mapping activity beyond the permitted scope the qualification grade;

(2)

Conducting surveying and mapping activity in the name of other surveying and mapping entities;

(3)

Allowing other entities to conduct surveying and mapping activities in its name.

Article 44

If a contract-issuing entity, in violation of this Law, contracts the surveying and mapping project to a surveying and mapping entity
without the corresponding qualification grade or forces a surveying and mapping entity to undertake the project with the contracting
fee lower than the cost, the contract-issuing entity shall be ordered to correct its act, and may be imposed a fine of not more than
2 times of the agreed remuneration for surveying and mapping. If any staff member of the contract-issuing entity takes advantage
of his powers to demand money or property from others or illegally accepts money or property from others and seeks interests for
others in return, where a crime has been constituted, the criminal liabilities shall be imposed pursuant to law; where the circumstances
are not serious enough for criminal punishment, administrative punish shall be given pursuant to law.

Article 45

Any surveying and mapping entity that, in violation of this Law, sub-contracts the surveying and mapping project shall be ordered
to correct its act, the illegal gains shall be confiscated, a fine of more than 1 time but less than 2 times of the agreed remuneration
for surveying and mapping shall be imposed, and the entity may be ordered to stop its business for rectification or its qualification
grade may be lowered; where the circumstances are serious, its certificate of qualification for surveying and mapping shall be revoked.

Article 46

Whoever, in violation of this Law, conducts surveying and mapping activity without the practice qualification for surveying and mapping
and permission, shall be ordered to stop the illegal act, the illegal gains shall be confiscated, a fine of not more than 2 times
of the illegal gains may be imposed concurrently; where any loss is caused, the offender shall undertake the liable for compensation
according to law..

Article 47

Whoever, in violation of this La

CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE (SAFE) ON FOREIGN EXCHANGE ADMINISTRATION RELATED TO TRADE BY CHARTERED PLANE

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange (SAFE) on Foreign Exchange Administration Related to Trade by Chartered Plane

HuiFa [2002] No.94

September 27, 2002

SAFE Branches in all provinces, autonomous regions, and municipalities directly under the Central Government, exchange administration
offices, and SAFE branches in the cities of Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo:

In order to guide and regulate trade by chartered plane, perfect related foreign exchange administration, and further promote the
development of foreign trade, a circular on relevant issues is hereby given as follows:

1.

The trade by chartered plane stated in this Circular refers to the export of products such as clothing, household appliances, footwear
and headgear to Russia and other countries in the Commonwealth of Independent States by the charter of airfreighter, which is conducted
by enterprises authorized by the Civil Aviation Administration of China to charter overseas planes as the agent of domestic enterprises,
establishments, and individuals.

2.

For export by chartered plane, the entities with export business qualification (hereinafter referred to as exporters) shall apply
to the branches or sub-branches of the SAFE (hereinafter referred to as SAFE offices) in their localities for the paper of export
proceeds verification (hereinafter referred to as verification paper). The SAFE offices shall issue to exporters the verification
paper in accordance with the Regulations on the Verification of Export Proceeds and its implementing rules.

3.

Exporters that conduct export by chartered plane shall go through the procedure of customs declaration for export and delivery of
verification paper in accordance with relevant regulations, and go through the procedure of export proceeds verification in accordance
with following provisions:

(1)

If settlement is made in foreign exchange, the exporter shall go through the procedure of export proceeds verification with valid
vouchers and certificates including verification paper, customs declaration form for export, and special memo of the sale of foreign
exchange or notice of collection.

(2)

If settlement is made in foreign currency or individual remittance, the exporter shall go through the procedure of export proceeds
verification with the verification paper, customs declaration form for export, invoice, and memo of the sale of foreign currency
by other entities or individuals involved in trade by chartered plane, or memo of the sale of individual inward-remitted foreign
exchange.

(3)

If settlement is made in renminbi, the exporter shall go through the procedure of export proceeds verification with the verification
paper, customs declaration form for export, invoice, and declaration form for carrying renminbi cash inward that has been verified
by the customs, or receipt of inward remittance in renminbi issued by a bank.

4.

When the SAFE offices handle export proceeds verification under the item of trade by charted plane for exporters, the customs declaration
forms shall be checked to ensure the export goods be products such as clothing, household appliances, or footwear and headgear, export
destination be Russia and other countries in the Commonwealth of Independent States, and transportation means be air freight.

5.

The SAFE offices shall go through the procedure of export proceeds verification for exporters in accordance with the provisions of
the Regulations on the Verification of Export Proceeds and of this Circular, and evaluate the export proceeds of exporters in accordance
with relevant regulations.

6.

The SAFE offices shall inspect and urge the commercial banks in their localities to conscientiously implement the Circular of the
People’s Bank of China on Issues Related to the Administration of Foreign Currency (YinFa [2001] No.376) and its supplementary by
extending their banking network for purchase of foreign exchange from resident individuals nationwide, especially at Yabao Road and
Xiushui Street in Beijing, in Xinji in Hebei Province, Yiwu in Zhejiang Province, Shishi and Quanzhou in Fujian Province. The SAFE
offices shall also urge the commercial banks in their localities to conscientiously implement the Circular of the People’s Bank of
China on Issues Related to the Adjustment of Policies on Foreign Currency (YinFa [2002] No.283) by further adjusting the bid and
asked rates of foreign currency and allowing them to fluctuate within specified range to encourage the sale of foreign currency to
the banking system.

7.

The SAFE offices shall further strengthen administration of the verification paper, prohibit the illegal act of lending or trading
the verification paper, and ally with the forces of public security and industry and commerce administration agencies to sternly
crack down upon illegal foreign exchange transactions and normalize the order of the foreign exchange market.

8.

The SAFE offices shall report in time to local governments the development of trade by chartered plane and related foreign exchange
policies, strengthen the coordination and cooperation with the foreign trade and economic cooperation agencies, customs, taxation
agencies, and fiscal agencies to set up a mechanism of joint supervision and administration. And meanwhile, various media such as
newspapers, TV and radio broadcasting, and various means such as forums and training courses, shall be used to propagandize foreign
exchange policies to the enterprises engaged in trade by chartered plane and persons concerned.

9.

The SAFE offices shall conduct separate statistics on export by chartered plane and related proceeds verification. All branches of
the SAFE are requested to report to the Current Account Management Department of the SAFE the Statistical Statement of Export Proceeds
Verification under Trade by Chartered Plane (see Attachment) for the previous month within the first 10 working days of every month.

10.

Violators of the provisions of this Circular shall be penalized by the SAFE offices concerned in accordance with the Regulations on
the Exchange System of the People’s Republic of China and other relevant regulations.

11.

This Circular shall enter into force as of October 15, 2002. Matters not stated in this Circular shall be subject to relevant foreign
exchange regulations. In case of any contradiction with previous regulations, this Circular shall prevail.

On receiving this Circular, all branches of the SAFE shall transmit it promptly to the sub-branches and commercial banks under their
jurisdiction.

Attachment:

Statistical Statement of Export Proceeds Verification under Trade by Chartered Plane (Omitted).

 
The State Administration of Foreign Exchange
2002-09-27

 




MEASURES FOR THE ADMINISTRATION OF DISCLOSURE OF SHAREHOLDER EQUITY CHANGES OF LISTED COMPANIES

e03125,e00241,e002832002092820021201China Securities Regulatory CommissionOrder of China Securities Regulatory CommissionNo.11The Measures for the Administration of Disclosure of Shareholder Equity Changes of Listed Companies are hereby promulgated and shall
enter into force on December 1, 2002.
President of China Securities Regulatory Commission Zhou XiaochuanSeptember 28, 2002epdf/e03124.pdfIlisted company, shareholder, equity changes, disclosuree03124Measures for the Administration of Disclosure of Shareholder Equity Changes of Listed CompaniesChapter I General RulesArticle 1 In order to regulate the disclosure of shareholder equity changes of listed companies, to supervise those obliged to disclose the
shareholder equity changes of listed companies to perform their obligations pursuant to the provisions, to protect the legal rights
and interests of the investors and to maintain the normal order of the securities market, these Measures are formulated in accordance
with the Company Law, the Securities Law and other laws and relevant administrative regulations.
Article 2 The shareholder equity changes of listed companies (hereinafter referred to as equity changes) as mentioned in the present Measures
shall refer to the situation where the number of shares held by an investor is changed or may be changed through share assignment
in stock exchanges; or the situation where though the number of shares of a listed company held by an investor remains unchanged,
the number of shares controlled by that investor is changed or may be changed through other legal means than share assignment in
stock exchanges.
Article 3 Those obliged to disclose equity changes shall, pursuant to the present Measures, strictly perform their obligations of information
disclosure, and the information disclosed by them shall be authentic, accurate, complete, and without false records, misleading statements
or major omissions.The disclosure obligors and other insiders may not, before the relevant equity changes are disclosed according to the law, disclose
relevant information by any means.
Article 4 Nobody shall take advantage of equity changes to damage the legal rights and interests of a listed company and its shareholders.Nobody may take advantage of equity changes to conduct inside trading, market manipulation and other frauds.Article 5 China Securities Regulatory Commission (hereinafter referred to as CSRC) shall supervise and regulate the disclosure of equity changes
according to the law.Stock exchanges and securities registration and settlement institutions shall, in accordance with the duties endowed by CSRS and their
professional rules, exercise daily supervision and regulation over the disclosure of equity changes.
Chapter II Obligors of Equity Change DisclosureArticle 6 The obligors of equity change disclosure (hereinafter referred to as disclosure obligors) shall refer to the shareholder, share controller
and group as a person that is, pursuant to the present Measures, obliged to disclose the information when the number of shares of
a listed company held or controlled by it is changed or may be changed and the change has reached the prescribed ratio.
Article 7 A shareholder shall refer to a natural person, legal person or other organization that is registered in the shareholder register of
a listed company.
Article 8 A share controller shall refer to a natural person, legal person or other organization that, without registering the shares under
its name, controls the shares of a listed company held by others by legal means, such as equity control relationship, agreement,
or other arrangement etc, other than share assignment in the stock exchanges.
Article 9 A group as a person shall refer to 2 or more natural persons, legal persons or other organizations that make the same declaration
of will when exercising their voting power of the listed company to expand the ratio of shares of that listed company controlled
by them or to strengthen their control over the listed company by legal means such as agreement, cooperation, association relationship,
etc.Making the same declaration of will as mentioned in the preceding paragraph shall include joint proposal, joint nomination of directors,
entrustment to each other of the exercise of voting power without vote intent indicated etc; however, the open invitation of vote
agency shall be excluded.
Article 10 A group as a person shall, from the date on which the group relation is formed, apply for temporary keeping of all the stocks of that
company respectively held or controlled by them with the securities registration and settlement institution, the duration of the
temporary keeping shall be not less than 6 months.
Article 11 A disclosure obligor shall combine in calculation of the shares of a listed company held or controlled by it.A disclosure obligor that holds or controls the convertible bonds issued by a listed company shall, during the conversion, combine
in calculation of the part that it has the right to convert with the shares of the same listed company held or controlled by it.
Chapter III Report and Public Announcement on Equity ChangesArticle 12 A disclosure obligor shall, in performance of the disclosure obligation pursuant to the present Measures, submit the report on equity
changes of the listed company to the stock exchange (hereinafter referred to as the report on equity changes).The obligor mentioned in the preceding paragraph shall, when submitting the report on equity changes, send the report also to CSRC
and send a copy to the branch of CSRC of the place where the listed company is located, notify the listed company and make a public
announcement.The contents and format of the report on equity changes shall be separately worked out by CSRC.
Article 13 Where the are several disclosure obligors, one of them may be responsible for the unified formulation of the report on equity changes
as agreed upon in written by the obligors, but each obligor shall sign and seal in the report.Each disclosure obligor shall be liable for the information involving it in the report on equity changes; with respect to the information
related to several disclosure obligors involved in the report, each obligor shall bear joint and several liabilities for the relevant
part.
Article 14 A report on equity changes shall include the following matters:1)Names and domiciles of the disclosure obligors;2)Name of the listed company;3)Changes of the shares held or controlled by the disclosure obligors;4)Types of equity changes;5)Trading of shares of that listed company conducted by the disclosure obligors in the previous 6 months;6)Other matters need to be indicated as required by CSRC and the stock exchange.Article 15 If an investor starts to hold or control more than 5% of the shares issued by a listed company, it shall, pursuant to the present
Measures, perform the disclosure obligation and submit the report on equity changes within 3 work days after the date when the changes
take place.That investor may not trade the shares of that listed company any more within the aforesaid period.
Article 16 If an investor foresees to hold or control 5% of the shares issued by a listed company, it shall perform the disclosure obligation
and submit the report pursuant to the present Measures.If no public announcement is made, that investor may no longer trade the shares of that listed company.
Article 17 A disclosure obligor that holds or controls more than 5% of the shares issued by a listed company shall, each time when the equity
is changed by more than 5%, submit the report on equity changes within 3 work days after the date when the changes take place.From the date of occurrence of report obligation to the second work day following the public announcement, the disclosure obligor
may not trade the stocks of that listed company any more.
Article 18 A disclosure obligor that holds or controls more than 5% of the shares issued by a listed company shall submit the report on equity
changes if he foresees an equity change of more than 5% of the shares issued by that listed company.From the date of occurrence of report obligation to the second work day following the public announcement, the disclosure obligor
may not trade the stocks of that listed company any more.
Article 19 If the equity change of a disclosure obligor does not exceed 5%, but the shares held or controlled by the obligor become less than
5% of the shares issued by that company, the obligor shall make a public announcement within 3 work days after the date of occurrence
of that fact, but is not required to submit the report on equity changes.
Article 20 If the equity change results in the acquirement or possible acquirement of the actual control power of the listed company by a purchaser,
the purchaser shall, pursuant to the Measures for the Administration of Acquisition of Listed Companies, submit the report on acquisition
of the listed company to CSRC, and to the branch of CSRC of the place where the listed company is located, and send a copy of the
report to the stock exchange, notify that listed company and make a public announcement.
Article 21 If the share assignment through agreement results in any of the situations of equity change prescribed in Articles 16 and 18 of the
present Measures, the disclosure obligor shall, within 3 work days after the date of signing of the agreement on share assignment,
perform the relevant obligations pursuant to Articles 16 and 18 of the present Measures.
Article 22 If the administrative allocation results in any of the situations of equity change prescribed in Articles 16 and 18 of the present
Measures, the disclosure obligor shall, within 3 work days after the date of receiving the notification of approval for the allocation
by the department directly in charge of the state-owned equity, perform the relevant obligations pursuant to Articles 16 and 18 of
the present Measures.
Article 23 If the ruling of a people’s court results in any of the situations of equity change prescribed in Articles 16 and 18 of the present
Measures, the applicant for enforcement shall, within 3 work days after the date of confirmation of its application for share assignment
by the stock exchange, perform the relevant obligations pursuant to Articles 16 and18 of the present Measures.
Article 24 If the change of share controllers by other legal means than share assignment in the stock exchange results in any of the situations
of equity change prescribed in Articles 16 and 18 of the present Measures, the disclosure obligor shall, within 3 work days after
the date of occurrence of the equity change, perform the relevant obligations pursuant to Articles 16 and18 of the present Measures.
Article 25 If a disclosure obligor needs to submit the report on equity changes for a second time because of a new equity change, it may make
the report or public announcement only on the part that is different from that of the previous report.
Article 26 If the reduction of equity capital by a listed company results in any of situations of equity change of the disclosure obligor prescribed
in Articles 15, 16, 17 and18 of the present Measures, the disclosure obligor is not requested to submit the report on equity changes.In case of a reduction of the equity capital, a listed company shall, within 2 work days after the date when the changes are registered,
make a public announcement on the equity changes resulted therefrom.
Article 27 If the shareholder is an institution undertaking securities registration or trusteeship pursuant to the law and it holds the shares
as a result of the aforesaid operations, it is not required to submit the report on equity changes.
Article 28 For the assignment of shares held by an institution authorized by the State, or the assignment of shares that is subject to administrative
examination and approval, the parties concerned shall make a public announcement on the relevant decisions within 3 work days after
the date of receiving the approval for the assignment by the relevant department in charge.
Article 29 A disclosure obligor shall, within 2 work days after the date of registration of transfer of ownership over the shares, make a public
announcement on the transfer of ownership.If a disclosure obligor fails to finish the formalities for transfer of ownership of shares within 30 days after the public announcement
of equity changes, it shall make another public announcement immediately and explain the reasons; a public announcement shall be
made every 30 days before the transfer of ownership is finished.
Article 30 If a disclosure obligor that has made a public announcement on the report of equity changes is involved in any of the following situations,
it shall make a public announcement on that situation within 2 work days after the date of occurrence, but it is not required to
stop trading the stocks of that listed company or to submit a new report on equity changes:
1)In concentrated competitive trading in the stock exchange, each time the shares of the listed company held by the obligor is increased
or reduced by 1%;
2)Any member of the group as a person is changed;3)Other situations provided for by CSRC and the stock exchange.Article 31 A listed company shall verify the equity changes with the securities registration and settlement institution regularly, and shall
report to the stock exchange in time.
Article 32 If any relevant information is spread in the media or trading of the shares of the company becomes abnormal before the relevant information
about the equity changes is disclosed pursuant to the law, the board of directors of the listed company shall check with the relevant
shareholders immediately, which shall reply in written form in a timely manner, and the company shall make a public announcement
in a timely manner.
Article 33 A disclosure obligor shall disclose the information related to equity changes on at least one media designate by CSRC; the contents
of disclosure in other media shall be consistent with those on the designated media, and the time of disclosure shall be not earlier
than that on the designated media.
Chapter IV Regulatory Measures and Legal LiabilitiesArticle 34 If a disclosure obligor fails to perform the relevant obligations pursuant to the present Measures, it shall make voluntary corrections;
for its failure to correct, the stock exchange shall deal with it pursuant to its professional rules, and the securities registration
and settlement institution shall suspend processing the formalities for transfer of share ownership for it pursuant to its professional
rules; if the obligor refuses to correct, CSRC shall order it to correct. In case of any violation of the securities laws and regulations,
the legal liabilities shall be investigated pursuant to the law.
Article 35 If the information disclosed by the disclosure obligor contains false records, misleading statements or major omissions, it shall
make voluntary corrections; for its failure to correct, the stock exchange shall deal with it pursuant to its professional rules,
and the securities registration and settlement institution shall suspend processing the formalities for transfer of share ownership
for it pursuant to its professional rules; if the obligor refuses to correct, CSRC shall order it to correct. In case of any violation
of the securities laws and regulations, the legal liabilities shall be investigated pursuant to the law.
Article 36 If a disclosure obligor fails to disclose information pursuant to the provisions, and is suspected of inside trading, market manipulation
or other frauds, CSRC shall investigate the case and punish the offender pursuant to the law.During the investigation of the disclosure obligor for the acts prescribed in the preceding paragraph, the disclosure obligor may
not nominate any director, supervisor or senior officer to the relevant listed company.
Chapter V MiscellaneousArticle 37 The “association relationship” referred to in the present Measures has the same meaning as that of the “association relationship”
used in the Accounting Rules for Business Enterprises — Disclosure of Association Relationship and of Trading between Associated
Parties.
Article 38 The present Measures shall enter into force on December 1, 2002.



 
China Securities Regulatory Commission
2002-09-28

 







CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION AND CHINA EXPORT CREDIT INSURANCE CORPORATION ON ISSUES CONCERNING FURTHER PROMOTING EXPORT CREDIT INSURANCE

The Ministry of Foreign Trade and Economic Cooperation, the China Export Credit Insurance Corporation

Circular of the Ministry of Foreign Trade and Economic Cooperation and China Export Credit Insurance Corporation on Issues Concerning
Further Promoting Export Credit Insurance

WaiJingMaoJiCaiHan [2002] No.521

October 29, 2002

The departments (commissions, bureaus) of foreign trade and economic cooperation of all provinces, autonomous regions, municipalities
directly under the Central Government and municipalities separately listed on the State plan, the chambers of commerce of import
and export, and the business management departments of China Export Credit Insurance Corporation:

As a general international practice, export credit insurance is a policy measure adopted by the countries to promote their product
export, the purpose is to encourage the enterprises to increase export by the state’s bearing of the risks in the collection of foreign
exchange in foreign trade. The practices of the countries have proved that by purchasing export credit insurance, export enterprises
may avoid risks in the export collection of foreign exchange, guarantee the safe export collection of foreign exchange and expand
the enterprises’ export scale.

Since its foundation at the end of 2001, China Export Credit Insurance Corporation has actively built its enterprise structures, set
forth its internal rules and regulations, sorted out various kinds of external relations, and meanwhile, done a great deal of work
in improving the export credit insurance products, bettering the services for export enterprises and lowering the premium rate of
export credit insurance etc. This will actively promote the foreign trade and economic strategies of China of “vitalizing trade by
science and technology”, “a multi-outlet market” and “going global” etc. In order to publicize and spread the policy of export credit
insurance in a wider range, to promote the enterprises to understand and use export credit insurance to increase their exports, and
to further improve the export credit insurance mechanism of China, the relevant issues are notified as follows:

I.

Establishing a steady and expedite contact mechanism.

The departments of foreign trade and economic cooperation at various levels, the chambers of commerce of importers and exporters and
China Export Credit Insurance Corporation as well as its branches shall contact each other and strengthen the coordination and communication.
The departments of foreign trade and economic cooperation at various levels, and the chambers of commerce of importers and exporters
shall, in light of the actual development of the foreign trade and economic cooperation of their respective regions and the business
of their respective lines, understand the need for export credit insurance of the export enterprises within the regions and industries
under their respective jurisdiction, and make the need known to the credit insurance institutions in a timely manner. The branches
of export credit insurance shall voluntarily provide various kinds of business information and materials to the departments of foreign
trade and economic cooperation and the chambers of commerce of importers and exporters of the places where they are located, and
shall inform the departments and chambers of their business process.

II.

Publicizing and spreading export credit insurance in an all-around and thorough way.

The departments of foreign trade and economic cooperation at various levels, and the branches of China Export Credit Insurance Corporation
shall strengthen their cooperation, and carry out various kinds of publicizing and introducing activities in light of the actual
situations of the localities, so that the export enterprises can fully understand and utilize the policy of export credit insurance
in good time.

III.

Summing up the experiences in export credit insurance work, and promoting the development of export credit insurance.

The localities shall carry out a thorough investigation and research in light of the situations of their respective regions, find
out and settle the problems existing in export credit insurance work in a timely manner; shall actively seek vigorous support from
the local governments, and promote the business of export credit insurance and the development of foreign trade and economic undertakings
of their respective regions by learning the beneficial experiences of other provinces and cities.

The entities shall earnestly implement the spirit of this Notice, if any problem is encountered in the implementation, please report
to the Ministry of Foreign Trade and Economic Cooperation (Department of Project Funding) and China Export Credit Insurance Corporation
(Department of Business Development).

This is hereby the notification.

Attachment:Contact Form of Business Management Departments of China Export Credit Insurance Corporationhtm/e03105.htmNew Page 1

ï¿¿ï¿¿

No.

Name

Address

Telephone

Fax

Email

Post Code

Areas

1

Head Office
Zhu Jingan

Rongjin Mansion, No.5 Fuchengmen North Street, Xicheng District, Beijing

010-88389121

010-88386997

zhuja@sinosure.com.cn

100037

Beijing

2

Da Lian
Liu Yanxiang

Suits 4706, 4707, 4708, Dalian World Trade Center, No.25, Tongxing Street, Zhongshan District, Dalian City

0411-2530529

0411-2530528

lyx@sinosure.com.cn

116001

Liaoning, Heilongjiang, Jilin, Inner-mongolia

3

Tianjin
Bai Lixin

Tianxin Building,No.125Weidi Road, Hexi District, Tianjin

022-28408672

022-28408674

bailx@sinosure.com.cn

300074

Tianjin, Hebei, Shanxi

4

Qing dao
Wang Aihua

Floor 21, No.66 Xianggangzhong Road, Qingdao, Shang dong Province

0532-5719363

0532-5719200

wangah@sinosure.com.cn

266071

Shan dong

5

Nan jing
Wang Difan

Floor 12, Huaying International Mansion, Jinluan Alley, Huaihai Road, Nanjing

025-4467339

025-4467110

wangdf@sinosure.com.cn

210002

Jiangsu

6

Shanghai
Qiu Xinbao

Floor 12, Jiushi Building, No.28 Zhong shan nan Road, Shang hai

021-63305986

021-63305980

qiuxb@sinosure.com.cn

200010

Shanghai, Xinjiang

7

Han zhou
Qian Shuifeng

Floor 25, Tower B, Biaoli Building, No.528 Yan’an Road, Hang zhou

0571-85774618

0571-85774611

qiansf@siuosure.com.cn

310006

Zhejiang Province (excluding Ning bo)

8

Ning bo
Chen Xiaoping

Floor 4, Pufa Mansion, No.21 Jiangxia Street, Ningbo

0574-87349692

0574-87348597

chenxp@sinosure.com.cn

315010

Ning bo

9

Fu zhou
Cong Jianming

Suites A1, B, Floor 22, Xintian di Building, No.157 Wusi Road, Fuzhou

0591-7872518

0591-7872518

conejm@sinosure.com.cn

350003

Fujian Province (excluding Xia men)

10

Xiamen
Xu Xinwei

Apart ment C, Floor 10, International Bank Building, Lujiang Road, Xiamen

0592-2261806

0592-2261801

xuxw@sinosure.com.cn

361001

Xiamen

11

Guangzhou Chen Liancong

Suite 23-D, Gaosheng Building, No.109 Tiyuxi Road, Tianhe District, Guangzhou

020-38792300

020-38792868

chenlc@sinosure.com.cn

510620

Guangxi, Hainan, Guangdong (excluding Shenzhen)

12

Shen zhen
Huang Qiang

Unit G4-01, Diwang Tower, No.5002 Shennan East Road, Shenzhen

0755-22071518

0755-25830545

huangq@sinosure.com.cn

518015

Shenzhen

13

Hunan
Ren Jianhui

Suite 12-G, Huatianxincheng Great Wall Building, No.259 Furongzhong Road, Changsha

0731-4897955

0731-4897855

renjh@sinosure.com.cn

410011

Hunan, Hubei, Guizhou

14

Jiangxi
Qiu Hongyu

Room 409, Gloria Plaza Hotel, No.88 Yanjiang North Road, Nanchang

0791-6738536

0791-6738710

qiuhy@sinosure.com.cn

330009

Jiangxi

15

Anhui
Ma Weixing

Apartment B, Floor 18, Post & Telecom Building, No.303 Huaihe Road, Hefei, Anhui Province

0551-2681860

0551-2581863

mawx@sinosure.com.cn

230001

Anhui Province

16

Shannxi
Zhou Chunzheng

Room 605, Shengtang International Mansion, No 22 Heping Road, Xi’an

029-7512123

029-7512132

zhoHcz@sinosure.com.cn

710001

Shannxi, Qinghai, Gansu, Ningxia

17

Sichuan
Doumei

Room 2913, Sichuan Zhongyin Building, No.35 Section 2, Renminzhong Road, Chengdu

028-86402786

028-86402787

doum@sinosure.com.cn

610031

Sichuan Province

18

Chongqing
Dai Fang

No.65 Jianxin North Road, Jiangbei District, Chongqing

023-69018381

023-69018291

dai_f@sinosure.com.cn

400020

Chongqing Municipality

19

Henan
Yang Yonggang

Room 2106, Tower A, Henan Guanghui Internat

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...