Home Illegal Immigration Causes

Illegal Immigration Causes

ACCOUNTING STANDARDS FOR ENTERPRISES NO. 5 – BIOLOGICAL ASSETS

the Ministry of Finance

Accounting Standards for Enterprises No. 5 – Biological Assets

Cai Kuai [2006] No.3

February 15, 2006

Chapter I General Provisions

Article 1

In order to regulate the recognition and measurement of biological assets related to the agricultural production, and the disclosure
of relevant information, these Standards are formulated in accordance with the Accounting Standards for Enterprises – Basic Standards.

Article 2

Biological assets refer to living animals and plants.

Article 3

Biological assets have a classification of consumptive biological assets, productive biological assets, and public welfare biological
assets.

The consumptive biological assets refer to the biological assets held for sale, or biological assets to be harvested as agricultural
products in the future, consisting of growing field crops, vegetables, commercial forests, livestock on hand, etc.

The productive biological assets refer to the biological assets held on the purpose of producing agricultural products, rendering
labor services, renting, and etc., consisting of the economic forests, fuel forests, productive livestock, draught animals, etc.

The public welfare biological assets refer to the biological assets for the main purpose of protection or environmental protection,
consisting of wind break and sand fixation forests, water and soil conservation forests, water conservation forests, etc.

Article 4

Other relevant accounting standards shall apply to the items as follows:

(1)

The Accounting Standards for Enterprises No. 1 – Inventories, shall apply to the agricultural production of the harvest; and

(2)

The Accounting Standards for Enterprises No. 16 – Governmental Subsidies, shall apply to the governmental subsidies concerning the
biological assets.

Chapter II Recognition and Initial Measurement

Article 5

No biological asset shall be recognized unless it meets the conditions as follows simultaneously:

(1)

An enterprise possesses or controls the biological asset as a result of past transaction or event;

(2)

The economic benefits or service potential concerning this biological asset are likely to flow into the enterprise; and

(3)

The cost of this biological asset can be measured reliably.

Article 6

The initial measurement shall be made to the biological asset at its cost.

Article 7

The cost of a purchased biological asset consists of the purchase price, the relevant taxes, freight, insurance premium and other
expenses that may be directly attributable to the purchase of this asset.

Article 8

The cost of any consumptive biological asset by way of self-planting, self-cultivating, self-breeding shall be ascertained in accordance
with the provisions as follows:

(1)

The cost of self-planting crops and vegetables consists of the necessary expenses for the materials such as the seeds, fertilizers,
and pesticides, labor, indirect apportionment, etc., prior to the harvest;

(2)

The cost of consumptive biological asset such as self-cultivating forest consists of the necessary expenses for forestation, forest
tending, forest operating facilities, testing of good species, investigation and design, indirect apportionment , etc.;

(3)

The cost of self-breeding livestock raised exclusively for meat production consists of the necessary expenses for feed , labor, indirect
apportionment, etc. prior to the sale; and

(4)

The cost of breeding aquatic animals and plants consists of the necessary expenses for materials such as seedlings, feedstuffs, and
fertilizers, labor, indirect apportionment, etc., prior to the sale or the storage.

Article 9

The cost of self-breeding productive biological asset shall be ascertained in accordance with the provisions as follows:

(1)

The cost of self-planting productive biological assets as forests consists of the necessary expenses for forestation, forest tending,
forest operating facilities, testing of good species, investigation and design, indirect apportionment, etc., before accomplishing
the expected objective of production and operation; and

(2)

The cost of self-breeding productive livestock and draught animals consists of the necessary expenses for feedstuffs and labor, indirect
apportionment, etc., before accomplishing the expected objective of production and operation (being grown up). The phrase “accomplishing
the expected objective of production and operation ” refers that, the productive biological assets may produce agricultural products,
render labor services, be rented out stably for several consecutive years after they enter into the normal production period.

Article 10

The cost of self-cultivating public welfare biological assets shall be ascertained in accordance with the necessary expenses for forestation,
forest tending, forest protection, forest operating facilities, testing of good species, investigation and design, indirect apportionment,
etc., prior to the close canopy.

Article 11

The borrowing costs, which shall be included in the cost of biological assets, shall be disposed in accordance with the Accounting
Standards for Enterprises No. 17 – Borrowing Costs. The borrowing costs of consumptive biological assets such as forests shall be
stopped from being capitalized at the close canopy.

Article 12

An investor shall ascertained the cost of a biological asset in accordance with the value as stipulated in the investment contract
or agreement, unless the unfair value is stipulated in the contract or agreement.

Article 13

The cost of a biological asset sourced from the nature shall be ascertained in accordance with its nominal amount.

Article 14

The cost of biological assets obtained from the exchange of non-monetary assets, recombination liabilities and merger of enterprises
shall be ascertained in accordance with the Accounting Standards for Enterprises No. 7 – Exchange of Non-monetary Assets, Accounting
Standards for Enterprises No. 12 – Debt Restructuring and Accounting Standards for Enterprises No. 20 – Merger of Enterprises, respectively.

Article 15

The subsequent expenses for the biological assets as additional forest planting as a result of selective felling, intermediate felling,
or tending and improvement felling shall be included in the cost of the biological asset as forests.

The subsequent expenses for the management and protection or for the breeding of a biological asset after canopy closure or after
the accomplishment of the expected objective of production and operation shall be included in the current profits and losses.

Chapter III Subsequent Measurement

Article 16

An enterprise shall make subsequent measurements for the biological assets in accordance with the provisions from Article17 to Article
21 of these Standards except for the items as prescribed in Article 22 of these Standards.

Article 17

An enterprise shall, in accordance with the schedule, make the depreciation charges of any productive biological asset whose expected
objective of production and purpose has been accomplished, and shall, based on the use of the biological asset, include it in the
cost or current profits and losses of the relevant asset.

Article 18

An enterprise shall, in accordance with the nature of a productive biological asset, the information about the utilization, and the
form of realization of the relevant expected economic benefits, reasonably ascertain the useful life, expected net salvage value,
and depreciation methods of this productive biological asset. The depreciation methods available consist of the straight-line method,
unit-of-production method, unit-of-output method, etc. Once an enterprise ascertain the useful life, expected net salvage value,
or depreciation method of a productive biological asset, it shall not change it randomly, unless it meets the provisions prescribed
as in Article 20 of these Standards.

Article 19

When an enterprise ascertain the useful life of a productive biological asset, it shall take into consideration the factors as follows:

(1)

The expected output capacity or output of physical objects;

(2)

The expected tangible loss of the asset such as decrepitude of productive livestock and draught animals and the aging of economic
forests; and

(3)

The expected intangible loss of the asset, such as the relative decrease or degrade in the production capacity of the productive biological
asset, or the quality of the agricultural products produced thereby as a result of appearance of new products, the relative outmode
of the agricultural products of the productive biological asset as a result of the change of market demands.

Article 20

An enterprise shall, at least at the end of each year, have a check on the useful life, expected net salvage value, and depreciation
method of the productive biological assets.

If there is any difference between the expected useful life or the amount of expected net salvage value and that of the previously
estimated in a fixed asset, or if any significant change is made on the form of realization of the relevant economic benefits, it
shall be regarded as a change of the accounting estimates, and thus the useful life or the expected net salvage value or depreciation
method of the productive biological asset shall be adjusted or changed in accordance with the Accounting Standards for Enterprises
No. 28 – Changes in Accounting Policies and Estimates? and Correction of Errors.

Article 21

An enterprise shall, at least at the end of each year, examine the consumptive biological assets and productive biological assets.
If any well-established evidence indicates that the realizable net value of any consumptive biological asset or the recoverable amount
of any productive biological asset is lower than its book value as a result of natural disaster, plant diseases and insect pests,
animal disease or change of market demand, the enterprise shall, based on the difference between the realizable net value or the
recoverable amount and the relevant book value, make provision for the loss on decline in value of or for the impairment of the biological
asset and shall include it in the current profits and losses. The aforesaid realizable net value and recoverable amount shall be
ascertained in accordance with the Accounting Standards for Enterprises No. 1 – Inventories and Accounting Standards for Enterprises
No. 8 – Asset Impairment, respectively.

If the factors causing any impairment of a consumptive biological asset have disappeared, the amount of write-down shall be resumed
and shall be reversed from the provision for the loss on decline in value of the consumptive biological asset that has been made.
The reversed amount shall be included in the current profits and losses.

Once the provision for impairment of a productive biological asset is made, it shall not be reversed. No provision shall be made for
public welfare biological assets.

Article 22

Where any well-established evidence indicates that the fair value of a biological asset can be obtained in a reliable and continuous
way, the biological asset shall be measured at the fair value. If a biological asset is made a measurement at the fair value, it
shall meet the conditions as follows simultaneously:

(1)

There is an active biological asset trading market; and

(2)

The identical or similar market prices of biological assets and other relevant information can be obtained from the trading market,
so as to make a reasonable estimate on the fair value of the biological asset.

Chapter IV Harvest and Disposal

Article 23

The cost of a consumptive biological asset shall, at the time of harvest or sale, be carried over in accordance with its book value.
The methods available for the carryover of cost consist of the weighted average method, specific cost identification method, stock
volume proportion method, fixed number of years within rotational felling period method, etc.

Article 24

The cost of agricultural products harvested by a productive biological asset shall be ascertained in accordance with the necessary
expenses for the materials , labor, and indirect apportionment, etc., during the course of output or gathering. The book value of
the productive biological asset shall be carried over as the cost of agricultural products by employing such methods as the weighted
average method, specific cost identification method, stock volume proportion method, fixed number of years within rotational felling
period method, etc.

The agricultural products harvested shall be disposed in the light of the Accounting Standards No. 1 – Inventories.

Article 25

The cost of the biological asset of which the purpose has been changed shall be ascertained at the previous book value when its
purpose has not been changed.

Article 26

For a biological asset, when such conditions as sale, inventory loss, death, damage or destroy appear, its balance after deducting
the book value and the relevant taxes from the disposal income shall be included in the current profits and incomes.

Chapter V Disclosure

Article 27

An enterprise shall, in the notes, disclose the information concerning the biological assets as follows:

(1)

The categories of biological assets, quantities of physical output and book value of various biological assets;

(2)

The accumulative amount of provision for loss on decline in value of various consumptive biological assets, and the useful life, expected
net salvage value, depreciation method, amount of accumulative depreciation and accumulative amount of provision for impairment;

(3)

The categories, obtainment methods and quantities of physical goods of the biological assets sourced from the nature;

(4)

The book value of the biological assets used as guaranties; and

(5)

The information about the risks related to the biological assets and the relevant management measures.

Article 28

An enterprise shall, in the notes, disclose the information concerning the increase and decrease of biological assets as follows:

(1)

The increase of the biological assets as a result of purchase;

(2)

The increase of the biological assets as a result of self-planting, self-cultivating or self-breeding;

(3)

The decrease of the biological assets as a result of sale;

(4)

The decrease of the biological assets as a result of inventory loss, death, damage or destroy;

(5)

The depreciation, or provision for loss on decline in value or impairment which has been made; and

(6)

Other alterations.



 
the Ministry of Finance
2006-02-15

 







GAQSIQ, GAC, MOFCOM AND MCA ANNOUNCEMENT NO.17, 2006, ANNOUNCEMENT ON STRENGTHENING SUPERVISION AND ADMINISTRATION ON IMPORT OF DONATED MEDICAL APPLIANCES

General Administration of Quality Supervision, Inspection and Quarantine, General Administration of Customs, Ministry of Commerce
and Ministry

GAQSIQ, GAC, MOFCOM and MCA Announcement No.17, 2006, Announcement on Strengthening Supervision and Administration on Import of Donated
Medical Appliances

[2006] No.17

Since 2004, some foreign charities have been transferring inferior medical appliances, or even medical junks to China in name of donations,
resulting in serious potential safety hazard. For purposes of ensuring security and effectiveness of imported medical appliances
and safeguarding health and life safety of Chinese citizens, related regulations on importing donated medical appliances are now
announced in accordance with related laws and regulations.

1.

Foreign donators are forbidden from secretly carrying commodities listed in List of Commodities Forbidden to Be Imported when donating
medical appliances to China.

The donated medical appliances must be new and registered in China. Prohibited articles that are harmful to environment, public sanitation
and social standards as well as contrabands of political pervasion are strictly forbidden.

2.

When importing donated medical appliances listed in List of Electromechanical Products with Automatic Import Permission, importers
should apply for Automatic Import License of the People’s Republic of China to administrative commercial departments before going
through formalities of declaration.

3.

General Administration of Quality Supervision, Inspection and Quarantine will record the import of donated medical appliances before
inspection. All foreign charities or their agencies in china shall apply for registration to General Administration of Quality Supervision,
Inspection and Quarantine in case of intending to donate medical appliances to China. Donated medical appliances should be registered
before inspection; General Administration of Quality Supervision, Inspection and Quarantine will carry out preliminary examination
on materials of registration in accordance with Article 1 of this Announcement. In case of necessity, General Administration of
Quality Supervision, Inspection and Quarantine will organize preliminary inspection before the shipment; in case of particularity,
Ministry of Civil Affairs will carry out special treatment after consultation with General Administration of Quality Supervision,
Inspection and Quarantine.

4.

Customs will examine and approve the import of donated medical appliances (no matter they are listed in the List of Entry-Exit Commodity
of Inspection and Quarantine or not) based on Declared From of Imported Commodity with words of “donated articles” issued by institutes
of inspection and quarantine; as regards those related to import license administration, Customs will check import licenses in addition.

5.

The receivers of donated medical appliances or their agencies must apply for import inspection to institutes of inspection and quarantine,
which will accept declaration of examination and carry out inspection on ports as well as sites where the medical appliances are
used based on effective materials of registration.

Receivers can only use eligible donated medical appliances with Certification of Inspection and Quarantine of Commodities of Entry
released by institutes of inspection and quarantine. The inferior medical appliances should either be treated in accordance with
related laws and regulations, or transferred to related Customs for disposal; the results of disposal should be reported to General
Administration of Quality Supervision, Inspection and Quarantine and General Administration of Customs as soon as possible.

6.

Administrative units of non-governmental organizations and administrative organs of registration shall enhance supervision and administration
on non-governmental organizations that receive the donations. Non-governmental organizations that receive illegal donations, especially
those spitefully transfer medical junks to China will be severely punished and even their registrations will be cancelled.

7.

This Announcement takes effect as from release.

General Administration of Quality Supervision, Inspection and Quarantine

General Administration of Customs

Ministry of Commerce

Ministry of Civil Affairs

Feb 15, 2006



 
General Administration of Quality Supervision, Inspection and Quarantine, General Administration of Customs, Ministry
of Commerce and Ministry
2006-02-15

 







MOFCOM, NDRC, GAC, AQSIQ, AND CAA OF THE PEOPLE’S REPUBLIC OF CHINA SUPPLEMENTARY CIRCULAR ON REGULATING EXPORT ORDER OF MOTORCYCLE PRODUCTS

MOFCOM, NDRC, GAC, AQSIQ, and CAA

MOFCOM, NDRC, GAC, AQSIQ, and CAA of the People’s Republic of China Supplementary Circular on Regulating Export Order of Motorcycle
Products

Shang Ji Dian Fa [2006] NO. 44

Administrative commercial departments, development and reform commissions and economic and trade commissions of all provinces, autonomous
regions, municipalities, separately listed cities in plan and Xinjiang Production and Construction Corps, Guangdong branch office,
Special Commissioner’s offices in Tianjin and Shanghai of General Administration of Customs, all customs and bureaus for entry-exit
inspection and quarantine directly under General Administration of Customs, and related enterprises:

Ministry of Commerce, National Development and Reform Commission, General Administration of Customs, State Bureau of Quality and Technical
Supervision, and Certification and Accreditation Administration of the People’s Republic of China jointly released Circular on Regulating
Export Order of Motorcycle Products (No.699, 2005, hereinafter referred to as Circular) on Dec 28, 2005. Here announces the supplementary
circular as follows, which covers related matters on export administration on off-road motorcycles, implementation of the contracts
signed before release of the Circular and related definition on qualifications, statistics and export administration on engines of
motorcycle and vehicle frames as well.

1.

Export administration on off-road motorcycles

(1)

. Off-road motorcycles in this Circular refer to no less than 50CC motorcycles that are designed for entertainment and athletics,
but not for on-road or on-street use. Off-road motorcycles include motorossers, road racers, enduroes and so on.

(2)

. Off-road motorcycle producing enterprises must meet the following conditions for export of off-road motorcycle.

a.

Approved by certificate of enterprise quality and management system recognized by the state, such as ISO9000 or other related certificates
of the nation;

b.

No less than 500,000 U.S Dollar export amount of off-road motorcycle during last year;

c.

Legal operation, no violation of IPR;

d.

Off-road motorcycle producing enterprises must have obtained related certificates of motorcycle access of importing countries or satisfied
their requirements of related regulations on technologies;

Related departments will organize to stipulate the qualifications of off-road motorcycle producing enterprises as well as quality
standards on their products in the meanwhile. The export of off-road motorcycles will take the new regulations as criterion as from
release.

(3)

. Enterprises listed in List of Finished Motorcycle and ATV Producing Enterprises with Export Qualifications and Export Operation
Enterprises with their Authorization (hereinafter referred to as List of Export Enterprises) must give clear indication of ￿￿off-road￿￿
in specification of the motorcycle products. For consumer’s convenience, permanent sign of ￿￿off-road￿￿ (including words in Chinese
characters or languages of the importing countries and the abbreviations as well) must be marked conspicuously on the motorcycles.

(4)

. Finished motorcycle and ATV producing enterprises with export qualifications that conforms to regulations of Article 1 of the Circular
will obtain export qualifications of off-road motorcycle export automatically.

(5)

. In addition, please refer to related regulations on motorcycle export administration for export management on off-road motorcycles.

2.

Implementation of the contracts signed before release of the Circular

Enterprises that signed contracts before Jan 15, 2006, but without export qualifications, must register at administrative commercial
departments (offices of import and export of electromechanical products) of the provinces, autonomous regions, municipalities and
separately listed cities in plan or Xinjiang Production and Construction where the enterprises are located. Based on the registrations,
license-releasing departments authorized by Ministry of Commerce will issue export license and inspection and quarantine organs will
accept declaration of examination.

3.

Definition on qualifications

(1)

. Branches of group corporations with motorcycle producing access of development and reform commissions may declare in names of either
the group corporation or branches.

(2)

. In case the export markets of ATV enterprises have no requirements on ATV access, enterprise quality and management system recognized
by the state, such as ISO9000 are needed for declaration of List of Export Enterprises.

4.

Statistics

(1)

. Export amount includes self-management of export and supply export. Self-management of export is subject to statistics of the Customs
while supply export is subject to declaration documents of foreign trade. Administrative commercial departments of the provinces,
autonomous regions, municipalities and separately listed cities in plan or Xinjiang Production and Construction where the enterprises
are located need to provide certification of supply export amount after examination and approval.

(2)

. Sales in the domestic finished motorcycle markets in 2005 are subject to number of certificates of approval reported to National
Development and Reform Commission or number of tax certification. Development and reform commissions or economic and trade offices
of provinces, autonomous regions or municipalities are responsible for work of examination, approval, and certification release as
well.

5.

Export administration on engines of motorcycle and vehicle frames

Catalogue administration of export qualification will be carried out engines of motorcycle and vehicle frames. Only with authorization
of finished motorcycle enterprises with qualifications, export operation enterprises can undertake export business of engines and
frames of motorcycles. There is no limit to number of authorized enterprises. Certification of authorization includes reliability
of engines and frames of motorcycles, word of approval for export, export nations and regions, seals of the enterprises, signatures
of the corporations and so on (refer to appendix for format).

Administrative commercial departments (offices of import and export of electromechanical products) of the provinces, autonomous regions,
municipalities and separately listed cities in plan or Xinjiang Production and Construction should speed up to organize declaration
of enterprises in accordance with spirit of this Circular.

Ministry of Commerce

National Development and Reform Commission

General Administration of Customs

Administration of Quality Supervision, Inspection and Quarantine

Certification and Accreditation Administration of the People’s Republic of China

Feb 15, 2006



 
MOFCOM, NDRC, GAC, AQSIQ, and CAA
2006-02-15

 







REPLY OF THE STATE ADMINISTRATION OF TAXATION FOR DEAL WITH THE ISSUES CONCERNING THE INCOMES TAX FROM THE DEMOLISHMENT OF BUSINESS USE HOUSES BY FOREIGN-FUNDED ENTERPRISES

State Administration of Taxation

Reply of the State Administration of Taxation for Deal with the Issues concerning the Incomes Tax from the Demolishment of Business
Use Houses by Foreign-funded Enterprises

Guo Shui Han [2006] No. 154

February 15, 2006

Your bureau on Request for Instructions about Whether the Building Decoration Expenses for Some Houses That Has Been Demolished shall
Be Deducted before the Enterprise Income Tax Is Levied for Qingdao Shangri-la Hotel Co. Ltd. (Qing Guo Shui Fa [2005] No. 195) has
been received. After deliberation, a following reply is hereby given on how to deal with the issue about the incomes tax from the
demolishment of business use houses by foreign-funded enterprises :

In accordance with the relevant provisions in Article 31 of the Detailed Rules for the Implementation of the Law of the People’s
Republic of China on the Income Tax of Foreign-funded Enterprises and Foreign Enterprise and relevant provisions in Article 1 of
the Reply of the State Administration of Taxation on How to Deal with the Taxation Issue about the Building Decoration Expenses of
Foreign- funded Enterprises (Guo Shui Han [2000] No.704), the building decoration expenses incurred for the first time that occur
before the houses are put into the business use of foreign-funded enterprises, shall be included in the original prices of fixed
assets and be calculated for depreciation according to the provisions in the tax law. After the houses for business use have been
used for several years, the foreign-funded enterprises carry out anew decorations, for the decoration facilities during the initial
decoration that are dismantled during the course of anew decorations shall not be taken as the losses of fixed assets and be deducted
from the original value of fixed assets. The incomes from the conversion of the initial decoration facilities dismantled during the
course of anew decorations may be used to deduct the expenses for anew decorations.



 
State Administration of Taxation
2006-02-15

 







ANNOUNCEMENT NO.9, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA

General Administration of Customs

Announcement No.9, 2006 of the General Administration of Customs of the People’s Republic of China

[2006] No.9

In accordance with Tariff Committee of State Council’s decision on cease anti-dumping duties to the imported unbleached Kraft liner/linerboard
originated from the U.S, Thailand, the Republic of Korea and Taiwan region, Ministry of Commerce released Announcement No.8, 2006
(hereinafter referred to as Ministry of Commerce Announcement No.8, 2006, please refer to Appendix for details). Related matters
are now announced as follows:

In accordance with Ministry of Commerce Announcement No.8, 2006, Customs ceased General Administration of Customs Announcement No.50,
2005 and anti-dumping duties on unbleached Kraft liner/linerboard originated from the U.S, Thailand, the Republic of Korea and Taiwan
region. The imposed anti-dumping duties on unbleached Kraft liner/linerboard originated from the said counties and regions before
release of this announcement will be returned. Related units may apply for refund of the said anti-dumping duties to Customs within
6 months as from release of this announcement, and go through related formalities.

Appendix: Ministry of Commerce Announcement No.8, 2006 (please refer to China Foreign Trade and Economic Cooperation Gazette [Issue
No.14 2006]) (Omitted)

General Administration of Customs

Feb 16, 2006



 
General Administration of Customs
2006-02-16

 







LETTER OF CHINA BANKING REGULATORY COMMISSION ABOUT APPROVING COMERICA BANK TO ESTABLISH SHANGHAI REPRESENTATIVE OFFICE

Letter of China Banking Regulatory Commission about Approving Comerica Bank to Establish Shanghai Representative Office

Comerica Bank,

The letter to this Commission signed by chairman of the board of directors and chief executive officer of your bank Mr. RaJph W. Babb
Jr. on July 11, 2005 has been received.

Pursuant to the Measures on the Administration of Foreign-capital Financial Institutions’ Representative Offices in China (Order No.
8, 2002 of the People’s Bank of China, hereinafter referred to as these Measures), you are hereby approved to establish a representative
office in Shanghai, the name of whom in Chinese is “￿￿￿￿￿￿￿￿￿˾￿￿￿￿￿” and the name of whom in English is “Comerica
Bank Shanghai Representative Office”.

In accordance with the relevant provisions of these Measures, William Michael Scripture’ qualification for the chief representative
of this Representative Office is hereby approved.

China Banking Regulatory Commission

February 16, 2006



 
China Banking Regulatory Commission
2006-02-16

 







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...