DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON AMENDING THE INDIVIDUAL INCOME TAX LAW

Decision of the Standing Committee of the National People’s Congress on Amending the Individual Income Tax Law of the People’s Republic of China



	Order of the President of the People’s Republic of China No. 44 The Decision of the Standing Committee of the National People’s Congress on Amending the Individual Income Tax Law of the People’s Republic of China, adopted at the 18th Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on October 27, 2005, is hereby promulgated and shall go into effect as of January 1, 2006. Hu Jintao President of the People’s Republic of China October 27, 2005 (Adopted at the 18th Meeting of the Standing Committee of the Tenth National People’s Congress on October 27, 2005) At its 18th Meeting, the Standing Committee of the Tenth National People’s Congress decides to amend the Individual Income Tax Law of the People’s Republic of China as follows: 1.Subparagraph (1) in the first paragraph of Article 6 is revised to read, “For income from wages and salaries, the amount of taxable income shall be the part remaining after deduction of 1,600 yuan for expenses from a monthly income.” At the same time, the Note attached to Schedule 1 on Individual Income Tax Rates shall be revised accordingly. 2.Article 8 is revised to read, “For individual income tax, the income earner shall be the taxpayer, and the paying unit or individual shall be the withholding agent. If a taxpayer’s individual income exceeds the amount specified by the State Council, or a taxpayer receives wages or salaries from two or more sources, or there is no withholding agent, or under other circumstances specified by the State Council, the taxpayer shall file returns and pay tax in accordance with State regulations. The withholding agent shall, in accordance with State regulations, file the returns of all the taxpayers and the full amount of the tax withheld.” This Decision shall go into effect as of January 1, 2006. The Individual Income Tax Law of the People’s Republic of China shall be amended correspondingly in accordance with this Decision and promulgated anew.

RENEWABLE ENERGY LAW

Renewable Energy Law of the People’s Republic of China



	Order of the President of the People’s Republic of China No.33 The Renewable Energy Law of the People’s Republic of China, adopted at the 14th Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on February 28, 2005, is hereby promulgated and shall go into effect as of January 1, 2006. Hu Jintao President of the People’s Republic of China February 28, 2005 (Adopted at the 14th Meeting of the Standing Committee of the Tenth National People’s Congress on February 28, 2005) Contents Chapter I　General Provisions Chapter II　Resources Surveys and Development Plans Chapter III　Guidance for the Industry and Technical Support Chapter IV　Promotion and Application Chapter V　Price Control and Expenses Sharing Chapter VI　Economic Incentives and Supervisory Measures Chapter VII　Legal Responsibility Chapter VIII　Supplementary Provisions Chapter I　General Provisions Article 1 The Law is enacted in order to promote the exploitation of renewable energy, increase energy supply, improve the energy structure, ensure energy safety, protect the environment, and attain the sustainable development of the economy and society. Article 2 For the purposes of this Law, renewable energy means non-fossil energy, including wind energy, solar energy, water energy, biomass energy, geothermal energy and ocean energy. Application of this Law to hydropower generation shall be subject to regulation by energy administration department under the State Council and approval by the State Council. This Law is not applicable to utilization of straw, firewood, excrement, etc. through direct burning in low-efficiency stove. Article 3 This Law is applicable in the territory of the People’s Republic of China and the sea areas under its jurisdiction. Article 4 In energy development, the State gives first priority to the exploitation of renewable energy and promotes the establishment and expansion of the market for renewable energy by setting objectives for the total volumes of the renewable energy to be exploited and taking appropriate measures. The State encourages economic entities of various ownerships to participate in the exploitation of renewable energy and protects the lawful rights and interests of the exploiters of renewable energy in accordance with law. Article 5 The energy administration department under the State Council exercises unified control over the exploitation of renewable energy nationwide. The relevant departments under the State Council are responsible for administration of the work related to the exploitation of renewable energy within the limits of their respective duties. The energy administration departments of the local people’s governments at or above the county level are responsible for the administration of exploitation of renewable energy within their respective administrative areas. The relevant departments of the local people’s governments at or above the county level are responsible for administration of the work related to the exploitation of renewable energy within the limits of their respective duties. Chapter II　Resources Surveys and Development Plans Article 6 The energy administration department under the State Council is responsible for organizing and coordinating surveys of renewable energy resources throughout the country, and work with the related departments under the State Council to lay down technical specifications for resources surveys. The relevant departments under the State Council are responsible for related resources surveys of renewable energy within the limits of their respective duties and submit the results of the surveys to the energy administration department under the State Council. The results of the surveys of renewable energy shall be released to the public, with the exception of the contents which should be kept confidential according to State regulations. Article 7 The energy administration department under the State Council shall, on the basis of the demand for energy and the actual conditions of the renewable energy resources throughout the country, set medium-to-long term objectives for the total volumes of the renewable energy to be exploited nationwide, which shall be embarked on and released to the pubic upon approval by the State Council. The energy administration department under the State Council shall, on the basis of the objectives for total volumes mentioned in the preceding paragraph and the economic development and the actual conditions of the renewable energy resources of the provinces, autonomous regions, and municipalities directly under the Central Government, work with the people’s governments of the provinces, autonomous regions, and municipalities directly under the Central Government to set medium-to-long term objectives for the exploitation of renewable energy in the different administrative areas and release the objectives to the public. Article 8 The energy administration department under the State Council shall, on the basis of the medium-to-long term objectives for the total volumes of renewable energy to be exploited throughout the country, work with the relevant departments under the State Council to draw up a national plan for exploitation of renewable energy which shall be carried out upon approval by the State Council. The energy administration departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, on the basis of the medium-to-long term objectives for the exploitation of renewable energy in their own administrative areas, work with the relevant departments of the people’s governments at the corresponding level to draw up plans for the exploitation of renewable energy in their own administrative areas, which shall be carried out upon approval by the people’s governments at the corresponding levels. The approved plans shall be released to the public, with the exception of the contents which should be kept confidential according to State regulations. Where an approved plan needs to be modified, the matter shall be subject to approval by the original approving authorities. Article 9 For drawing up a plan for exploitation of renewable energy, opinions of the relevant units, specialists and the public shall be solicited, and scientific demonstration is necessary. Chapter III　Guidance for the Industry and Technical Support Article 10 The energy administration department under the State Council shall, in accordance with the national plan for exploitation of renewable energy, compile and publish a development guidance catalogue of the renewable energy industry. Article 11 The administrative department for standardization under the State Council shall set and publish the technical standards of the State for grid- connected power generation with renewable energy and other standards of the State for the technology and products related to renewable energy, for which the technical requirements need to be uniform throughout the country. With regard to those technical requirements which are not covered by the standards of the State as mentioned in the preceding paragraph, the relevant departments under the State Council may establish relevant industrial standards, which shall be submitted to the administrative department for standardization under the State Council for the record. Article 12 In scientific and technological development and in the department of the hi-tech industries, the State gives first priority to scientific and technical research in, and the industrialized development of, exploitation of renewable energy, includes such research and development in the national plan for scientific and technological development and the development of the hi-tech industries, and allocates funds for scientific and technical research in, and application, demonstration and industrialized development of, the exploitation of renewable energy, so as to promote technical advancement in the exploitation of the same, reduce the production cost of renewable energy products and improve product quality. The administrative department for education under the State Council shall include knowledge and technology of renewable energy into the curriculum of general and vocational education. Chapter IV　Promotion and Application Article 13 The State encourages and supports grid-connected power generation with renewable energy. For construction of projects for grid-connected power generation with renewable energy, administrative license shall be obtained, or the matter shall be submitted for the record, in accordance with law and the regulations of the State Council. Where there are more than one person that apply for construction of the same project for grid-connected power generation with renewable energy, for which administrative license need be obtained, the licensee shall be determined through bid invitation according to law. Article 14 The power grid enterprise shall sign a grid-connection agreement with the enterprise of power generation with renewable energy that has legally obtained an administrative license or has submitted the project to be constructed for the record, and buy the entire quantity of the grid-connected power generated with renewable energy within the coverage of their power grids, and provide grid-connection services for the generation of power with renewable energy. Article 15 The State supports construction of independent system of power generated with renewable energy in areas not covered by power grids, so that power services shall be provided for local production and people’s daily needs. Article 16 The State encourages clean and efficient exploitation of biological fuel and the development of energy crops. Where gas and heat produced with biological resources conform to the technical standards for connection with urban gas pipeline networks or heat pipeline networks, the enterprises operating gas pipeline networks and heat pipeline networks shall accept them into the networks. The State encourages production and utilization of biological liquid fuel. Petroleum sales enterprises shall, in compliance with the regulations of energy administration department under the State Council or people’s governments at the provincial level, include biological liquid fuel that conforms to State standards in their fuel-selling system. Article 17 The State encourages units and individuals to install and use solar energy utilization systems, such as solar water-heating system, solar heating and cooling system and solar photovoltaic system. The administrative department for construction under the State Council shall work with the relevant departments under the State Council to formulate technical and economic policies and technical specifications for combination of solar energy utilization system with buildings. In the design and construction of buildings, real estate development enterprises shall, in compliance with the technical specifications mentioned in the preceding paragraph, provide the necessary conditions for the utilization of solar energy. For the existing buildings, the residents may, on condition that the quality and safety of the buildings are not affected, install solar energy utilization system that conforms to the technical specifications and product standards, unless the parties have agreed otherwise. Article 18 The State encourages and supports exploitation of renewable energy in rural areas. The energy administration departments of local people’s governments at or above the county level shall, in light of local economic and social development, the need for comprehensive improvement of ecological protection and public health and other actual conditions, work with the relevant departments to draw up plans for development of renewable energy in rural areas, in order to promote the wide use of the technologies for conversion of biomass energy like marsh gas, for household solar energy, small-scale wind energy and small-scale hydraulic energy. People’s governments at or above the county level shall provide financial support for renewable energy utilization projects in rural areas. Chapter V　Price Control and Expenses Sharing Article 19 Grid-connected power price of renewable energy power generation projects shall be determined by the price administration department under the State Council in light of the characteristics of power generated with different types of renewable energy and the conditions of different areas and on the principle that it is beneficial to the promotion of exploitation of renewable energy and that it is economically reasonable, and timely readjustment shall be made along with the development of technology for exploitation of renewable energy. The price for grid-connected power shall be made known to the public. The price of grid-connected power generated by renewable energy power projects decided on through bid invitation as stipulated in the third paragraph of Article 13 of this Law shall be the bid-winning price; however, it shall not exceed the price level of grid-connected power of similar renewable energy power generation projects determined in accordance with the provisions of the preceding paragraph. Article 20 Where the expenses incurred by a power grid enterprise in the purchase of grid-connected power generated with renewable energy at the price as determined in accordance with the provisions of Article 19 of this Law are in excess of the expenses for the purchase of grid-connected power generated with conventional energy, calculated at the average price, the difference shall be added to the selling price by way of sharing. The specific measures in this regard shall be formulated by the price administration department under the State Council. Article 21 The reasonable grid connection expenses paid by power grid enterprises for the purchase of power generated with renewable energy and other reasonable expenses involved may be included in the power transmission cost of the enterprise and recovered from the selling price. Article 22 For the selling price of power for public use generated from independent renewable energy power system invested or subsidized by the State, classified selling price of the same area shall be adopted, and the part of the expenses for rational operation and management that is in excess of the selling price shall be shared in accordance with the provisions in Article 20 of this Law. Article 23 The price of heat and gas from renewable energy that enter the urban pipeline networks shall be determined within the limits of the power of price control and on the principle that it is beneficial to the promotion of exploitation of renewable energy and that it is economically reasonable. Chapter VI　Economic Incentives and Supervisory Measures Article 24 The State establishes a special fund for the development of renewable energy in support of the following: (1) scientific and technological research, formulation of standards and demonstration engineering for the exploitation of renewable energy; (2) projects for the use of renewable energy in people’s daily lives in rural and pasturing areas; (3) construction of independent systems of power generated with renewable energy in outlying areas and on islands; (4) surveys, assessments of renewable energy resources, and　　　construction of relevant information systems; and (5) promotion of localized production of equipment for exploitation of renewable energy. Article 25 Financial institutions may offer preferential loans with financial interest subsidy to projects for exploitation of renewable energy that are listed in the national development guidance catalogue of the renewable energy industry and meet the requirements for granting loans. Article 26 The State grants preferential taxation to projects listed in the development guidance catalogue of the renewable energy industry. The specific measures in this regard shall be formulated by the State Council. Article 27 Power enterprises shall truthfully and completely record and keep the data regarding the generation of power with renewable energy and shall accept inspection and supervision by power regulatory institutions. Power regulatory institutions shall conduct inspection in accordance with specified procedures and shall keep business and other secrets for the inspected units. Chapter VII　Legal Responsibility Article 28 Where, when exercising supervision over the exploitation of renewable energy, the energy administration department under the State Council, the energy administration department of a people’s government at or above the county level, or any other relevant department commits one of the following acts in violation of the provisions of this Law, it shall be ordered by the people’s government at the corresponding level or the relevant department of the people’s government at the next higher level to rectify, and the persons in charge who are responsible and the other persons who are directly responsible shall be given administrative sanctions according to law; and if a crime is constituted, criminal responsibility shall be investigated according to law: (1) failure to make decisions on granting administrative license according to law; (2) failure to investigate illegal activities discovered; and (3)other failures in performing regulatory duties according to law. Article 29 Where in violation of the provisions in Article 14 of this Law, a power grid enterprise fails to purchase the entire quantity of power generated with renewable energy, thus causing economic losses to the enterprise of power generated with such energy, it shall bear the responsibility for compensation, and the power regulatory institution of the State shall order it to rectify within a time limit; if it refuses to comply, it shall be fined not more than the amount of the economic losses suffered by the enterprise of power generated with renewable energy. Article 30 Where in violation of the provisions of the second paragraph of Article 16 of this Law, an enterprise of gas pipeline network or heat pipeline network refuses to accept into the network gas or heat that conforms to the technical standards for grid connection, thus causing economic losses to the gas or heat production enterprise, it shall bear the responsibility for compensation, and the energy administration department of the people’s government at the provincial level shall order it to rectify within a time limit; if it refuses to comply, it shall be fined not more than the amount of the economic losses suffered by the gas or heat production enterprise. Article 31Where in violation of the provisions of the third paragraph of Article 16 of this Law, a petroleum sales enterprise fails to include biological liquid fuel that conforms to State standards in its fuel-selling system, thus causing economic losses to the biological liquid fuel production enterprise, it shall bear the responsibility for compensation, and the energy administration department under the State Council or the energy administration department of the people’s government at the provincial level shall order it to rectify within a time limit; if it refuses to comply, it shall be fined not more than the amount of the economic losses suffered by the biological liquid fuel production enterprise. Chapter VIII　Supplementary Provisions Article 32 The meanings of the following terms used in this Law are: (1) Biomass energy means energy converted from natural plants, excrement as well as urban and rural organic waste. (2) An independent system of power generated with renewable energy means the system of power generated with renewable energy that is not connected to power grids and that operates independently. (3) Energy crops mean herbal and woody plants specially planted and used as raw materials of energy. (4) Biological liquid fuels include methanol, ethanol, bio-diesel and other liquid fuels derived from biomass resources. Article 33 This Law shall go into effect as of January 1, 2006.

ANNOUNCEMENT OF THE PEOPLE’S BANK OF CHINA ON IMPROVING THE INTER-BANK SPOT FOREIGN EXCHANGE MARKET

People’s Bank of China

Announcement of the People’s Bank of China on Improving the Inter-bank Spot Foreign Exchange Market

Announcement [2006] No.1 of the People’s Bank of China

For the purpose of improving the managed floating exchange rate system on the basis of market supply and demand with reference to
a basket of currencies to make adjustment, promoting the development of the foreign exchange market, diversifying the mode of foreign
exchange transactions, and enhancing the independent pricing capability of the financial institutions, the People’s Bank of China
determines to further perfect inter-bank spot foreign exchange market, and improve the formation mechanism of the central parity
of RMB exchange rate, and hereby make the announcement on relevant issues concerned as follows:

Since January 4, 2006, over-the-counter transactions (hereinafter referred to as the OTC transactions) will be brought into the inter-bank
spot foreign exchange market , and the way of negotiation shall be kept down at the same time. Participants in the inter-bank foreign
exchange market may engage in foreign exchange transactions either based on centralized credit authorization and price bidding, or
engage in OTC transactions based on bilateral credit authorization and bilateral settlement. At the same time the system of market
makers shall be introduced into the inter-bank foreign exchange market for providing the liquidity for the market.

II.

Since January 4, 2006, the People’s Bank of China will authorize the China Foreign Exchange Trade System , at 9:15 AM on each workday,
to announce the central parity of exchange rate of the RMB against US dollar, euro, Japanese yen and Hong Kong dollar on the current
day, which shall be considered as the central parity of the exchange rate for the inter-bank spot foreign exchange market (including
OTC transactions and negotiation) and the OTC transactions of the banks on the current day.

III.

After OTC transactions is introduced, the formation mechanism of the central parity of exchange rate of RMB against US dollars, which
was confirmed based on the closing quotation of a bank in a negotiation mode in the inter-bank foreign exchange market before, will
now be confirmed by the means as follows: the China Foreign Exchange Trade System makes offers to all market markers in the inter-bank
foreign exchange market before the opening of the inter-bank foreign exchange market every day, and the quotations of all market
makers shall be taken as the samples for computation of the central parity of the exchange rate of RMB against US dollar, after excluding
the highest and lowest quotations, the central parity of the exchange rate of RMB against US dollar shall be confirmed for the current
day by the weighted average of quotations from all remained market makers, and the weight shall be determined comprehensively by
the China Foreign Exchange Trade System in the light of the volume of transactions of the party that quotes in the inter-bank foreign
exchange market and the quotation conditions and other indexes.

IV.

The central parity of exchange rate of RMB against euro, Japanese yen and Hong Kong dollar shall be calculated and confirmed by the
China Foreign Exchange Trade System in the light of the RMB-US dollar central parity of exchange rate on the current day and the
exchange rate of those currencies against US dollar in the international market at 9 o’clock AM.

After this Announcement is promulgated, the existing provisions shall still be followed for the band of fluctuation of RMB against
US dollar and other currencies in the inter-bank spot foreign exchange market and the spread of US dollar exchange rate quotation
of the banks to their clients. Namely, the daily trading price of the US dollar against RMB in the inter-bank spot foreign exchange
market shall float within a range of 0.3% around the central parity of the US dollar transaction announced by the China Foreign Exchange
Trade System, while the trading price of such non-US dollar currencies as euro, Japanese yen and Hong Kong dollar against RMB shall
float within a range of 3% around the central parity of the non-US dollar currencies transaction announced by the China Foreign Exchange
Trade System. The maximum buying and selling spread of the US exchange rate quotation of a bank to its clients shall not exceed the
asymmetric management of 1% of the central parity of transaction announced by the China Foreign Exchange Trade System, that is the
difference between the selling price and the buying price of the currency exchange does not exceed 1% of the central parity of transaction
of the current day, and the band formed by the selling price and the buying price contains the central parity of transaction of the
current day. And the difference between the selling price and the buying price of the US dollar cash by a bank to its clients shall
not exceed 4% of the central parity transaction. Within the prescribed extent of price difference, the banks may adjust the listed
US dollar exchange rate of the current day by themselves.

In accordance with the economic and financial situations both home and abroad, the People’s Bank of China shall take charge of managing
and adjusting the RMB exchange rate based on the market supply and demand with reference to the fluctuation of exchange rate of a
basket of currencies, maintaining the normal fluctuation of the RMB exchange rate, and keeping the RMB exchange rate to be basically
stable on a reasonable and balance level, promoting the balance of international payment basically, and maintaining the stability
of macro economy and financial market.

People’s Bank of China

January 3, 2006

People’s Bank of China
2006-01-03

CIRCULAR OF THE GENERAL ADMINISTRATION OF CUSTOMS ON RELEVANT ISSUES CONCERNING POLICIES OF IMPORT DUTY FOR WORLD EXPO 2010 SHANGHAI

the General Administration of Customs

Circular of the General Administration of Customs on Relevant Issues concerning Policies of Import Duty for World Expo 2010 Shanghai

Shu Shui Fa [2006] No.3

January 4, 2006

Guangdong Branch of the General Administration of Customs, special commissioners’ offices of the General Administration of Customs
in Tianjin and Shanghai, and each customs office directly under the General Administration of Customs,

Preferential policies of import duty will be given to the materials imported for the purpose of holding World Expo 2010 Shanghai (hereinafter
refers to as the World Expo) upon the approval of the State Council. We hereby make the following announcement on the relevant issues
pertinent to the preferential policies of import duty and the implementation thereof:

Specific contents of the preferential policies of import duty

When the Bureau of Shanghai World Expo Coordination imports materials, which are donated by foreign governments and international
organizations to the World Expo, of which the customs duties and value-added tax and consumption tax in the import linkage shall
be exempted.

Customs duties and import linkage value-added tax shall be exempted on non-for-sale design programs, such as models, maps, plates,
optical discs, design specifications and microprints imported by Shanghai World Expo (Group) Co., Ltd. for the purpose of the construction
of exhibition centers and exhibition halls for the World Expo.

Customs duties and import linkage value-added tax shall be exempted in the light of the provisions of relevant policies on the equipment
imported by Shanghai World Expo (Group) Co., Ltd. by means of general trade, which cannot be produced in China or the performance
of domestic products cannot meet the requirements, and is used specifically for the construction of exhibition centers and exhibition
halls for the World Expo and cannot be separated from the fixed installments of exhibition centers and exhibition halls. The range
and quantity of the import facilities that enjoy the tax exemption policies shall be examined and ascertained by the Ministry of
Finance through negotiation with the relevant departments.

The exhibits and equipment imported by overseas exhibitors during the period of the World Expo shall be treated in light of the provisions
on temporary entry goods when the import occurs. If they are re-transported out of China when the World Expo comes to the end, they
shall be exempted from customs duties and import linkage value-added tax; if they are reserved to be used or sold off, the overseas
exhibitors shall go through official import formalities and pay customs duties and import linkage value-added tax on them in the
light of the regulations.

The non-for-sale documents, such as publicity materials and designs, pertinent to the World Expo, and only used within the park areas
of the World Expo without flowing into the domestic market that are imported by overseas exhibitors shall be managed in the light
of the customs provisions, and shall be exempted from customs duties and import linkage value-added tax within reasonable quantity.

Within the park areas of the World Expo, customs duties and import linkage value-added tax shall be exempted on building and decoration
materials and fixed installation equipment that must be imported by overseas exhibitors for the construction and collocation of the
exhibition halls. The range and quantity of building and decoration materials and fixed installment equipment that enjoy tax exemption
policies shall be examined and ascertained by the Ministry of Finance through negotiation with the relevant departments.

For the purpose of holding exhibition activities within the park areas of the World Expo, the national artistic works and special
cuisine foods that must be imported by the Bureau of International Expositions, participating countries, and regional delegations
shall be exempted from import duties and value-added tax and consumption tax in the import link within the scope of reasonable quantity
and amount. The specific varieties, quantities, and amounts of import tax-exemption commodities shall be examined and ascertained
by the Ministry of Finance through negotiation with the relevant departments.

II.

Relevant problems in the implementation of the policies

The formalities for the examination and approval of tax exemption on import materials for the World Expo shall be brought into the
Tax Deduction and Exemption Management System of the customs for management. Upon the strength of the Certificate of Tax Collection
and Exemption on Import and Export Goods issued by the Shanghai Customs House, the customs house at the place of import shall carry
out the formalities for tax-exemption admission . The ways of supervision over the import materials for the World Expo shall consist
of: “General Trade” (Code No.0110), “Goods Imported or Exported Temporarily” (Code No.2600), “Entry/Exit Exhibits” (Code No.2700),
and “Gratuitous Aid Materials of Countries and International Organizations” (Code No.3511), etc.. The nature of collection and exemption
shall consist of: “Gratuitous Aid” (Code No.201) and “Reduction and Exemption upon State Approval” (Code No.898), etc..

Where there involves in the aforesaid preferential policies of import duty the range, quantity, and amount of tax-exemption commodities,
which shall be examined and ascertained by the Ministry of Finance together with the relevant departments, the customs houses shall
carry out discharge formalities for the relevant import materials based on the duty guarantee, and after the scope, quantity and
amount of tax-exemption commodities have been ascertained, carry out the relevant formalities for settlement of a case in light of
the provisions.

The preferential policies of import duty for the World Expo shall go into effect as of the day of December 7, 2005. The tax money
collected on the relevant materials prior to this date shall not be refunded, and the duty deposit having been collected shall be
transferred to tax. If the collected tax money or the collected duty deposit on relevant materials meets the provisions of item (1)
or (2) of the aforesaid preferential tax policies, it shall be refunded after the relevant formalities have been gone through from
December 7, 2005 till the date of receiving this Notice. If it is necessary to verify the range, quantity, and amount of tax-exemption
commodities for other materials, after the related contents have been ascertained, the formalities for refunding tax or refunding
duty deposit shall be gone through in accordance with the provisions.

If encountering any problem in the implementation, please reflect it to the Department of Tariff of the General Administration of
Customs in time.

It is hereby announced.

the General Administration of Customs
2006-01-04

LETTER OF CHINA BANKING REGULATORY COMMISSION CONCERNING APPROVAL FOR XIAMEN BRANCH OF CHIYU BANKING CORPORATION LIMITED TO DEAL IN RMB BUSINESS SERVICES FOR NON-FOREIGN-FUNDED ENTERPRISES

Letter of China Banking Regulatory Commission concerning Approval for Xiamen Branch of Chiyu Banking Corporation Limited to Deal in
RMB Business Services for Non-foreign-funded Enterprises

Chiyu Banking Corporation Limited,

The letter which was signed by Wu Wengong, general manager of your bank, and was addressed to this Commission has been received.

The following reply is hereby given to you according to the Regulation of the People’s Republic of China on the Administration of
Foreign-funded Financial Institutions (Order No. 340 of the State Council, hereinafter referred to as the Regulation) and the Detailed
Rules for the Implementation of the Regulation of the People’s Republic of China on the Administration of Foreign-funded Financial
Institutions (Order No. 4,2004 of China Banking Regulatory Commission, hereinafter referred to as the Detailed Rules),:

Within the scope prescribed in Article 17 of the Regulation, your Xiamen Branch is hereby approved to deal in RMB business services
for foreign-funded enterprises, China-based foreign institutions, mainland-based representative offices of Hong Kong, Macao and Taiwan,
and for aliens, the compatriots from Hong Kong, Macao and Taiwan, and non-foreign-funded enterprises.

Your bank is hereby approved to make additional allocations of a sum of RMB working capital in convertible currencies, equivalent
to 100 million Yuan, to your Xiamen Branch. After increasing the capital, the working capital of this Branch comes up to 300 million
Yuan, of which the foreign exchange working capital in convertible currencies comes up to 200 million Yuan and the RMB working capital
comes up to 100 million Yuan.

After increasing capital and performing statutory procedure in accordance with the Regulation and the Detailed Rules, your Xiamen
Branch may, under Article 35 of the Detailed Rules, deal in providing foreign exchange business services for various clients under
the following scope: providing RMB business services for foreign-funded enterprises, China-based foreign institutions, and mainland-based
representative offices of Hong Kong, Macao and Taiwan, and for aliens, the compatriots from Hong Kong, Macao and Taiwan, and non-foreign-funded
enterprises, pooling public deposits, granting short-term, medium-term and long-term loans, transacting the acceptance and discount
of negotiable instruments, buying and selling government bonds and financial bonds, buying and selling non-stock negotiable instruments
denominated in a foreign currency, providing services on letter of credit and guaranties, transacting domestic and overseas settlements,
buying and selling foreign currencies for itself or on a commissioned basis, converting foreign currencies, inter-bank funding, bank
card business, safety-deposit box, providing credit-standing investigation and consultation services, as well as other business activities
upon the approval of China Banking Regulatory Commission.

China Banking Regulatory Commission

January 6, 2006

China Banking Regulatory Commission
2006-01-06

CIRCULAR OF THE MINISTRY OF FINANCE AND THE MINISTRY OF COMMERCE ON RELEVANT ISSUES CONCERNING FINANCIAL INTEREST SUBSIDY TO LOANS FOR FOREIGN CONTRACTED PROJECTS IN 2005

Ministry of Finance, Ministry of Commerce

Circular of the Ministry of Finance and the Ministry of Commerce on Relevant Issues concerning Financial Interest Subsidy to Loans
for Foreign Contracted Projects in 2005

Cai Qi [2006] No.5

Departments (Bureaus) of Finance, Commerce Authorities in Charge in all provinces, autonomous regions, and municipalities directly
under the Central Government, and cities specially designated in the state plan, Bureau of Finance and Bureau of Commerce of the
Xinjiang Production and Construction Corps, all the enterprises administered by the Central Government, and all the economic and
commercial authorities stationed in foreign countries:

In order to support and encourage the enterprises with comparative advantages to “go global”, and to further expand the business of
foreign contracted projects, and in accordance with the budget arrangement of the Central Government, interest subsidy will be granted
to commercial loans acquired from the domestic banks to fulfill the foreign contracted projects of Chinese enterprises. And a circular
on relevant issues are hereby given as follows:

Required Qualifications for the Enterprise and Project Applying for Interest Subsidy

(i)

These qualifications as follows are required for the enterprise applying for interest subsidy:

Legally registered and having an independent status of a legal person;

Having the qualification approved by the Ministry of Commerce in foreign economic cooperation business;

Having not committed such activities as falling into arrears of and misappropriating fund for joint venture or cooperation program
of foreign aid; and

Accepting the guidance and coordination from the finance and commerce authorities in charge and the Chinese economic and commercial
authorities stationed in foreign countries

(ii)

The program applying for interest subsidy shall meet these conditions as follows:

Submitting the statistical materials in accordance with the provisions in the Statistical System on Foreign Contracted Projects, Labor
Service Cooperation, Designing and Consulting; and

The program contract shall be valid within the period from January 1, 2005 to December 31, 2005, and the contracted value of each
program shall be not less than $5 million USD (or equivalent in other currencies); and

The loan contract of a program shall be valid within the period of from January 1, 2005 to December 31, 2005, and the amount of each
loan shall be not less than RMB10 million Yuan (or equivalent in other currencies); and

The contract-signing enterprise shall be identical with the loan enterprise; and

According with China’s policies in foreign trade and economic cooperation.

II.

The Application Document and Procedure

(i)

An enterprise applying for interest subsidy shall provide these documents as follows:

An application letter for interest subsidy;

A specification of the enterprise’s application (refer to Annex I for details);

Basic information of the foreign contracted project and a list of interest payment for bank loans in 2005 (refer to Annex II for details);

A copy of the duplicate of Business License for Enterprises as Legal Persons;

A copy of the commerce part of the program contract (Chinese version or a translated version in Chinese);

The written opinions concerning the implementation of contract from the Chinese economic and commercial authorities stationed in foreign
countries, including the contracted value, date of starting construction, progress of implementation, and expected date of completion
etc.;

A copy of the loan contract from the bank; and

A duplicated copy of the voucher of clearing for bank loan, interest payment and loan repayment.

(ii)

Procedure of Application

The enterprise administered by the local government shall, before February 28, 2006, submit the aforesaid documents to the local provincial
finance and commerce authorities in charge respectively, who then shall conduct a first-instance examination on the programs applying
for interest subsidy in accordance the provisions in this Circular, fill in the Summary Statement of the First-instance Examination
on Interest Subsidy for Loan of Foreign Contracted Project (refer to Annex IV for details), and together submit them to the Ministry
of Finance and the Ministry of Commerce before March, 31 2006;

The enterprise administered by the central government shall submit, together with other relevant application documents, the Summary
Statement of the First-instance Examination on Interest Subsidy for Loan of Foreign Contracted Project to the Ministry of Finance
and the Ministry of Commerce respectively before March, 31 2006;

The Ministry of Finance and the Ministry of Commerce shall together release the documents on funds subject to interest subsidy, after
they entrust the intermediary institutions to examine the applied programs. And the Ministry of Commerce shall, within 15 days as
of the date of the release of these documents concerned, directly appropriate the funds subject to interest subsidy to the applicant
enterprise.

III.

Standard for Interest Subsidy

(i)

The interest subsidy rate per year for the RMB loan shall be no more than the benchmark interest rate of the corresponding period
promulgated by the People’s Bank of China, and the one for the foreign currency loan no more than 3%;

(ii)

The term limit of interest subsidy shall be calculated in accordance with the actual loan term limit on month of the Gregorian calendar;

(iii)

The time of interest subsidy for a program shall be no more than 3 years;

(iv)

Interest subsidy shall not be granted to interest increase and interest penalty outside normal loans;

(v)

Interest subsidy shall only be granted to one loan for each foreign contracted project; and

(vi)

The amount of interest subsidy shall be calculated in RMB.

IV.

The economic and commercial authorities stationed in foreign countries shall, in accordance with the requirements in item 6, paragraph
I, Article II of this Circular, issue written opinions for the applicant enterprises (refer to Annex III for details).

In order to do well the work of financial interest subsidy in 2005 and to enhance the efficiency, all the enterprises are required
to prepare the application documents concerning interest subsidy and bind up them into volumes, and to compile catalogues upon program
in accordance with the provisions in this Circular.

VI.

The enterprise, upon receiving funds subject to interest subsidy, shall utilize them to subtract the financial expense of the year
concerned. Any unit may not defraud and withhold the funds subject to interest subsidy in any form or with any reason. With regard
to those in violation of the provisions, the Ministry of Finance and the Ministry of Commerce shall draw back all the funds subject
to interest subsidy and revoke their qualifications for interest subsidy, and give them serious treatment in accordance with the
Penalty Regulations on Financial Offences against the Law,

Annexes:

The Specification of the Enterprise’s Application

Basic Information of the Foreign Contracted Project and List of Interest Payment for Bank Loans in 2005

Opinions of Office of Economic and Commercial Counselor Stationed in

Summary Statement of the First-instance Examination on Interest Subsidy for Loan of Foreign Contracted Project

Ministry of Finance, Ministry of Commerce

January 9, 2006 htm/e04740.htmAnnex I

Annex I.

Specification of Enterprises Application

Name of Applicant Enterprise
Name of Legal Representative	Registration Place of Enterprise	Province, City
Address	Postal Code
The applicant solemnly declares that: 1. The applicant applies interest subsidy for loans of program(s) this time, and submits application document(s); 2. The applicant has been legally registered, has a status of legal person, and conducts lawful operations; 3. All the documents, licenses and materials submitted by the applicant are exact, authentic, complete and effective; 4. All the copy documents and duplicated documentations submitted by the applicant are identical with the original ones after checked. 5. The applicant promises to accept all the necessary examinations for screening this application by relevant authorities in charge. Legal Representative of Applicant Enterprise or His/Her Entrustee (Signature) Seal of Applicant Enterprise: Date; (mm/dd/yy)
Bank Account Number	Name of Bank Account
Name of Account Bank	Address of Account Bank
Contact Person of Enterprise	Contact Telephone
E-mail	Mobile Telephone
Fax

Notes:

1. The legal representative or his/her entrustee shall sign his/her name in hand, and personal seal is invalid.

2. In case that an entrustee signs, the original copy of the certificate of entrust signed in hand by the legal representative and
attached with the companys seal is required;

3. The bank account used for appropriated funds subject to interest subsidy shall be the companys, and it shall be correctly filled
in.

Annex II.

Basic Information of the Foreign Contracted Project and List of Interest Payment for Bank Loans in 2005

Name of Applicant Enterprise

Name of Borrowing Enterprise

(Seal)

Name of Program

Loan Bank

Contracted Value of Program

Serial Number of Loan Contract

Date of Signing of Program Contract

Amount of Loans

Date of Execution of Program Contract

The Loan is from (mm/dd/yy) to (mm/dd/yy)

Date of Starting Construction of Program

Loan Interest Rate

Expected Date of Completion of Program

Drawings

Time of Drawing

Amount of Drawing

Index Number of Duplicated Copy of Drawing Voucher

Remarks

First Time

THE SUPPLEMENTARY PROVISIONS TO THE MEASURES FOR THE ADMINISTRATION ON FOREIGN INVESTMENT IN COMMERCIAL FIELDS

Ministry of Commerce

Order of the Ministry of Commerce of the People’s Republic of China

No.30

The Supplementary Provisions to the Measures for the Administration on Foreign Investment in Commercial Fields were examined and approved
by the Ministry of Commerce, hereby promulgated and shall come into force as of promulgated date.

Bo Xilai, Minister of the Ministry of Commerce

January 9, 2006

The Supplementary Provisions to the Measures for the Administration on Foreign Investment in Commercial Fields

In order to promote Hong Kong and Macao to establish closer economic and trade relationship with the Mainland, encourage service providers
from Hong Kong and Macao to establish commercial enterprises in Mainland, and according to the Mainland and Hong Kong Closer Economic
Partnership Arrangement (supplementary agreement 2) and the Mainland and Macao Closer Economic Partnership Arrangement (supplementary
agreement 2) as approved by the State Council, we hereby make the following supplementary provisions on the commercial fields invested
by Service providers from Hong Kong and Macao in the Measures for the Administration on Foreign Investment in Commercial Fields (No.
8, Order of the Ministry of Commerce).

Service providers from Hong Kong and Macao are permitted to establish the enterprises as the form of solely-funded, equity joint venture
or cooperation to deal in commission agent business on fertilizer, finished oil, crude oil, and the wholesale retail business of
the fertilizer..

II.

Service provider from Hong Kong and Macao is permitted to control the shares and the proportion of invested capital may not exceed
51% if one service provider from Hong Kong and Macao established more than 30 shops accumulated to deal the commodity like: books,
newspaper, automobile (the restrict will be abolished as of December 11, 2006), drug, pesticide, farming film, fertilizer, plant
oil, sugar, cotton and etc. and above commodities come from different brands and different suppliers.

III.

The service providers from Hong Kong and Macao as mentioned in these Measures shall separately meet the requirements on the definition
of “service providers” in the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Mainland and Macao Closer Economic
Partnership Arrangement, and in other relevant provisions.

IV.

Other matters of service providers from Hong Kong and Macao to invest on commercial fields in Mainland shall be implemented according
to the Measures for the Administration on Foreign Investment in Commercial Fields.

These Measures shall be implemented as of the date of promulgation.

Ministry of Commerce
2006-01-09

PROTECTION MEASURES FOR INTELLECTUAL PROPERTY RIGHTS DURING EXHIBITIONS

Ministry of Commerce, State Administration for Industry and Commerce, State Bureau of Copyright, State Intellectual Property Office

Order of the Ministry of Commerce, State Administration of Taxation, State Bureau of Copyright and State Intellectual Property Office

No. 1

The Protection Measures for Intellectual Property Rights (IPRs) during Exhibitions adopted by the Ministry of Commerce, the State
Administration for Industry and Commerce, the State Bureau of Copyright and the State Intellectual Property Office upon deliberation,
are hereby promulgated and shall come into force as of March 1, 2006.

Minister of the Ministry of Commerce Bo Xilai

Director of the State Administration for Industry and Commerce Wang Zhongfu

Director of the State Bureau of Copyright Long Xinmin

Director of the State Intellectual Property Office Tian Lipu

January 10, 2006

Protection Measures for Intellectual Property Rights during Exhibitions

Chapter I General Provisions

Article 1

The present Measures are formulated according to the Foreign Trade Law of the People’s Republic of China, the Patent Law of the People’s
Republic of China, the Trademark Law of the People’s Republic of China, and the Copyright Law of the People’s Republic of China as
well as the relevant administrative regulations for the purpose of intensifying the IPRs protection during exhibitions, safeguarding
the order of the exhibition industry and promoting the sound development thereof.

Article 2

The present Measures shall apply to the protection of relevant patents, trademarks and copyrights in all kinds of exhibitions, trade
fairs, expositions, commodity fairs and shows concerning the economic and technical trade as held within the territory of the People’s
Republic of China.

Article 3

The administrative department of exhibitions shall intensify the coordination, supervision, examination regarding the IPRs protection
during exhibitions and safeguard the normal trading order therein.

Article 4

The exhibition sponsor shall safeguard the legitimate rights and interests of IPRs holders legally. The exhibition sponsor shall,
when attracting investment and canvassing exhibitions, intensify the IPRs protection for participants to the exhibition as well as
the examination of the IPRs status of the items on exhibition (including exhibited items, exhibition boards and relevant publicity
materials, etc.). During an exhibition, the sponsor shall actively cooperate with the administrative IPRs department in the IPRs
protection work.

The exhibition sponsor may, by the manner of signing the clause or contract on the IPRs protection with the participants of the
exhibition, intensify the IPRs protection during the exhibition.

Article 5

The participant of exhibition shall take part in an exhibition legally, not infract the IPRs of any other person or entity and assist
the administrative IPRs department or judicial department in the relevant investigation.

Chapter II Treatment for Complaints

Article 6

If an exhibition lasts for 3 days or more and if the administrative department of exhibitions believes it is required , the exhibition
sponsor shall establish an office in charge of IPRs complaints during the exhibition. Where an office in charge of IPRs complaints
is established, the IPRs administrative department at the locality of the exhibition shall dispatch its personnel to station therein
and handle the case of infringement in accordance with law.

In case no office in charge of complaints is established for an exhibition, the IPRs administrative department at the locality of
exhibition shall intensify the guidance for and supervision over the IPRs protection during the exhibition as well as the handling
of relevant cases therein. The exhibition sponsor shall publicize the contact persons and ways of the IPRs administrative department
at the locality of the exhibition in an eye-catching place of the exhibition venue.

Article 7

An office in charge of IPRs complaints in an exhibition shall be comprised of the personnel from the sponsor of the exhibition, the
administrative department of exhibitions, the IPRs administrative department in charge of patents, trademarks, and copyrights, and
perform the following functions and duties:

(1)

Receiving the complaints of the IPRs holders, and suspending the item as suspected of infringement on IPRs on display during the
exhibition;

(2)

Transferring the relevant complaint materials to the competent IPRs administrative department;

(3)

Coordinating and supervising and urging the treatment for complaints;

(4)

Carrying out the statistic and analysis on the information regarding the IPRs protection during the exhibition; and

(5)

Any other relevant matters.

Article 8

An IPRs holder may file a complaint to the office in charge of IPRs complaints during an exhibition or to the IPRs administrative
department. The IPRs holder shall, when filing a complaint to the office in charge of IPRs complaints, submit the following materials:

(1)

A legitimate and effective certificate of IPRs ownership: where any patent is involved therein, the patent certificate, the text of
patent announcement, the identity certification of the patent owner, the certification on the legal status of the patent shall be
submitted; where any trademark is involved therein, the certification documents of trademark registration shall be submitted, which
shall be confirmed by means of the signature or seal affixed by the complainant, and the identity certification of the trademark
owner shall be submitted as well; where any copyright is involved therein, the certification of the copyright and the identity certification
of the copyright owner shall be submitted;

(2)

The basic information about the parties as suspected to have committed any infringement;

(3)

The explanations and evidence for any suspected infringement; and

(4)

Where an agent is entrusted to file a complaint, the relevant Power of Attorney shall be submitted.

Article 9

In the case of any failure to meet the provisions of Article 8 of the present Measures, an office in charge of IPRs complaints during
an exhibition shall inform the related complainant or claimant timely to supplement the relevant materials. In case it fails to make
the supplement, the complaint shall not be accepted.

Article 10

Where a complainant brings any damage to the relevant respondent by submitting any false complaint material or by any other fabricated
complaint, he shall be subject to the relevant legal liabilities.

Article 11

After receiving the complaint materials accorded with Article 8 of the present Measures, The office in charge of IPRs complaints
during an exhibition shall transfer it to the relevant IPRs administrative department within 24 hours

Article 12

When the local IPRs administrative department accepts the requirement of complaint or claim, it shall inform the relevant exhibition
sponsor as well as the relevant respondent to the complaint or claim timely.

Article 13

In the procedures for handling any complaint or claim concerning infringement on IPRs, the local IPRs administrative department may,
according to the exhibition period, designate the limit of answer time for the relevant respondent to a complain or claim

Article 14

Where a respondent to a complaint or claim submits his Statement of answer, the local IPRs administrative department shall make a
decision and deliver it to the two parties timely ,unless any further investigation is required.

Where the respondent to a complaint or claim fails to submit his Statement of answer within the time limit, the local IPRs administrative
department shall not be influenced making the decision.

Article 15

Where an exhibition is concluded, the relevant IPRs administrative department shall notify the treatment decision to the exhibition
sponsor timely . The exhibition sponsor shall finish the statistic and analysis work on IPRs protection during the exhibition and
report the relevant circumstance to the IPRs administrative department timely .

Chapter III Patent Protection during Exhibition

Article 16

Where any office in charge of IPRs complaints requires the assistance of any local intellectual property bureau, the local intellectual
property bureau shall provide positive cooperation and participate in the IPRs protection during the exhibition. The local intellectual
property bureau may carry out the following work during the exhibition:

(1)

Accepting a complaint of suspected infringement on IPRs is transferred by the office in charge of IPRs complaints in the exhibition,
and handling it according to the relevant provisions and regulations of the patent law;

(2)

Accepting the claim of treatment for any dispute over suspected infringement on patent relating to any exhibited item and handling
it according to the provisions of Article 57 of the Patent Law; and

(3)

Accepting the tip-offs on any suspected counterfeit of other’s patent or imitated patent relating to any exhibited item, or investigating
and handling any action of counterfeit of other’s patent or imitated patent relating to any exhibited item by authority , and giving
a punishment according to the relevant provisions of Articles 58 and 59 of the Patent Law.

Article 17

Under any of the following circumstances, the local intellectual property bureau may not accept any complaint of patent infringement
or claim for treatment:

(1)

Where a complainant or claimant has filed a lawsuit of patent infringement to the people’s court;

(2)

Where any patent is in the requiring procedures for declaring invalidation of patent right;

(3)

Where any dispute over the ownership of the patent right is in the trial procedures of the people’s court or in the mediation procedures
of the administrative department of patent; or

(4)

Where any patent right has been terminated and its owner is attempting to resume the patent right.

Article 18

The local intellectual property bureau shall, when notifying the respondent to a complaint or claim, conduct instant investigation
for obtaining the evidence, read and copy the relevant documents relating to the case, inquire of the parties concerned, carry
out on-the-spot inspection by such means as camera shooting or video camera shooting, or collect the evidence by sampling.

The local intellectual property bureau shall, when collecting the evidence, make the note that shall have the signatures or seals
of relevant undertaker and parties concerned under investigation for evidence collection. Where any party concerned under investigation
for evidence collection refuses to render his signature or seal on the note, the reason shall be indicated on the note. Where any
other person is on the spot, he may render his signature on the note at the same time.

Chapter IV Trademark Protection during an Exhibition

Article 19

Where an office in charge of IPRs complaints during an exhibition requires the assistance from the local industry and commerce administrative
department, the latter organ shall provide active cooperation and participate in the IPRs protection work during the exhibition.
The following works during the exhibition by the local industry and commerce administrative department may include:

(1)

Accepting complaints of suspected infringement on trademark transferred by the office in charge of IPRs complaints during the exhibition
and handling them according to the relevant provisions of laws and regulations on trademark;

(2)

Accepting complaints of infringement on the right to exclusive use of trademark in accordance with the provisions of Article 52 of
the Trademark Law; and

(3)

Investigating and punishing any case involving trademark irregularity by authority.

Article 20

Under any case of the following circumstances, the local industry and commerce administrative department may refuse to accept any
complaint or claim for treatment concerning infringement on the right to exclusive use of trademark:

(1)

Where a complainant or claimant has filed a lawsuit of trademark infringement to the people’s court; or

(2)

Where any right of trademark has been invalidated or cancelled.

Article 21

The local industry and commerce administrative department may, after deciding to accept any complaint or claim, carry out the investigation
and treatment according to the relevant provisions of laws and regulations on trademark.

Chapter V Copyright Protection during Exhibition

Article 22

Where an office in charge of IPRs complaints during an exhibition requires the assistance from the local administrative department
for copyright, the latter organ shall provide active cooperation and participate in the IPRs protection during the exhibition. The
following works by local administrative department for copyright during the exhibition may include:

(1)

Accepting the complaints of suspected infringement on copyright transferred by the office in charge of IPRs complaints during the
exhibition and handling them according to the relevant provisions of laws and regulations on copyright; and

(2)

Accepting the complaints of infringement on copyright in accordance with the provisions of Article 47 of the Copyright Law and giving
a punishment according to the relevant provisions of the Copyright Law.

Article 23

The local administrative department for copyright may, after accepting a complaint or claim, adopt the following means to collect
evidence:

(1)

Reading and copying the documents and archives, account books or any other written materials relating to the suspected infringement;

(2)

Collecting the evidence by sampling the duplicate of the suspected of infringement; and

(3)

Registering and preserving the duplicate of the suspected of infringement.

Chapter VI Legal Liabilities

Article 24

Where the local IPRs administrative department believes that a complaint of suspected infringement on IPRs is in fact, it may punish
the exhibitor in collaboration with the administrative department of exhibitions according to law.

Article 25

Where the local IPRs administrative department believes that a claim for the treatment of suspected infringement on any invention
right or new utility model right is in fact, relevant treatment decision shall be decided, according to the provisions of paragraph
1 of Article 11 of the Patent Law on prohibiting promised sale as well as the provisions of Article 57 of the Patent Law on ordering
the infringer to stop his infringement immediately, and order the respondent to the claim to withdraw all the exhibited items of
infringement, to destroy the publicity materials of introduction to exhibited items of infringement and to change the exhibition
board of introduction to exhibited items of infringement. .

Where the local IPRs administrative IPRs department believes that a claim for the treatment of suspected infringement on any patent
of exterior design and the respondent to the claim sells his items on exhibition is in fact, the relevant treatment decision shall
be decided, according to the relevant provisions of paragraph 2 of Article 11 of the Patent Law on prohibited sales action and Article
57 of the Patent Law on ordering the infringer to stop his infringement action immediately, and order the respondent to the claim
to withdraw any exhibited item of infringement from the exhibition.

Article 26

Where anyone fabricates any other’s patent or fabricates any patented by unpatented product, or fabricates any patented method by
non-patented method , the local intellectual property bureau shall give a punishment according to the provisions of Articles 58 and
59 of the Patent Law.

Article 27

Where the local industry and commerce administrative department believes that a claim for treatment of any infringement on trademark
is in fact, it shall give a punishment according to the relevant provisions of the Trademark Law and the Regulation on the Implementation
of the Trademark Law, etc..

Article 28

Where the administrative department for copyright believes that a claim for treatment of any infringement on copyright as well as
the related rights is in fact, relevant punishment shall be given according to the provisions of Article 47 of the Copyright Law,
the relevant exhibited items of infringement as well as publicity materials of introduction to exhibited items of infringement shall
be confiscated and destroyed, and the exhibition boards of introduction to exhibited items of infringement shall be changed.

Article 29

Where, upon investigation, any exhibited item under complaint or claim of infringement has been determined or decided in fact by the
people’s court or the IPRs administrative department and has taken legal effect , the local administrative IPRs department may directly
make a decision on treatment as prescribed in Article 26 , 27, 28 or 29.

Article 30

Where a claimant pleads not only to prohibit an infringing exhibition conducted by the infringer, but also pleads to prohibit any
other IPRs infringement committed by the same infringer, the local IPRs administrative department may give treatment to any suspected
infringement that occurs within its jurisdiction area according to the relevant provisions of laws, regulations and rules on IPRs.

Article 31

Where any infringement by a exhibitor is in fact, the administrative department of exhibitions may make an announcement to this exhibitor
in accordance with the law. Where the infringements by the exhibitor were more than twice consecutively, the exhibition sponsor
shall prohibit the said exhibitor to take part in the next exhibition.

Article 32

Where a sponsor fails to fulfill its obligation regarding the IPRs protection during an exhibition, the administrative department
of exhibitions shall give a warning thereto and disapprove any application for holding any relevant exhibition again upon the circumstance
in accordance with the law .

Chapter VII Supplementary Provisions

Article 33

Where any case hasn’t been concluded at the end of an exhibition, the relevant facts and evidence of the case may be confirmed by
the exhibition sponsor. The IPRs administrative department at the locality of the exhibition shall, within 15 workdays, transfer
it to the IPRs administrative department with jurisdiction for treatment according to law.

Article 34

The term “IPRs administrative department” as mentioned in the present Measures refers to the administrative departments for patent,
trademark and copyright. The term ” administrative department of exhibitions” as mentioned in the present Measures refers to the
department in charge of examination and approval or registration of exhibitions.

Article 35

The present Measures shall come into force as of March 1, 2006.

Ministry of Commerce, State Administration for Industry and Commerce, State Bureau of Copyright, State Intellectual
Property Office
2006-01-10

THE ADMINISTRATIVE MEASURES FOR GRASS SEEDS

Ministry of Agriculture

Order of the Ministry of Agriculture

No. 56

The Administrative Measures for Grass Seeds, which were adopted at the 2nd executive meeting of the Ministry of Agriculture on January
5, 2006, are hereby promulgated and shall come into force as of March 1, 2006. The Interim Measures for the Administration of Pasture
Seeds (for Trial Implementation) as promulgated by the Ministry of Agriculture, Animal Husbandry and Fishery on October 25, 1984
shall be simultaneously abolished.

Minister Du Qinglin

January 12, 2006

The Administrative Measures for Grass Seeds

Chapter I General Provisions

Article1

The present Measures are formulated according to the Seed Law of the People’s Republic of China and the Pasture Law of the People’s
Republic of China for the purpose of regulating and intensifying the administration of grass seeds, elevating the quality of grass
seeds, safeguarding the legitimate rights and interests of seed selectors, producers, business operators and users and promoting
the sound development of the grass industry.

Article2

Such activities as selection and cultivation of grass varieties as well as production, business operation, use and management of grass
seeds within the territory of the People’s Republic of China shall be governed by the present Measures.

Article3

The term “grass seeds” as mentioned in the present Measures refers to such materials of planting or propagation as grains, fruits,
roots, stems, seedlings, leaves and buds for the purposes of animal breeding, ecological construction and afforestation and embellishment.

Article4

The Ministry of Agriculture shall take charge of the administration of grass seeds throughout the country.

The administrative departments of pasture of local people’s governments at or above the county level shall take charge of the administration
of grass seeds within their administrative divisions.

Article5

The administrative department of pasture and its functionary shall not participate in or engage in any production or business operation
of grass seeds. An entity that engages in the production and business operation of grass seeds shall not participate in or engage
in the administration of grass seeds. The administrative department of grass seeds and entities that engage in the production and
business operation of grass seeds shall be independent from each other in regard of personnel and finance.

Article6

The administrative department of pasture of the local people’s government at or above the county level shall intensify the protection
of grass germplasm resources and the selection, cultivation, production, innovation and popularization of improved varieties, encourage
the combination of selection, cultivation, production and business operation of grass seeds and award any entity or individual that
has outstanding performance in such work as the protection of grass germplasm resources or the selection, cultivation, production
and popularization of improved varieties.

Chapter II Protection of Grass Germplasm Resources

Article7

The state protects grass germplasm resources and no entity or individual may injure or damage any resource.

Article8

The Ministry of Agriculture may formulate a roster of key grass germplasm resources under state protection according to relevant requirements.

Article9

The Ministry of Agriculture may organize relevant entities to collect, straighten out, authenticate, register, preserve, exchange
and utilize the grass germplasm resources, establish a database of grass germplasm resources and publicize the roster of grass germplasm
resources as available on a periodic basis.

Article10

The Ministry of Agriculture and the administrative departments of pasture of the provincial people’s governments may, according to
relevant requirements, establish protection zones or areas of grass germplasm resources at the state or local level.

Article11

It’s prohibited to collect or excavate any key natural grass germplasm resource under state protection. In the case of any special
circumstance such as any actual requirement of scientific research for collection or excavation, it shall be subject to the examination
of the administrative department of pasture of the provincial people’s government and be reported to the Ministry of Agriculture
for examination and approval as well.

Article12

Any grass germplasm resource as imported from a foreign country shall be subject to relevant inspection and quarantine according to
law.

As to any grass seed that has been introduced for the first time, an isolated trial planting shall be carried out and a risk appraisal
shall be conducted thereon as well. The said grass seed may be put into application only after it has been confirmed as secure.

Article13

The state has sovereignty over grass germplasm resources. Where any entity or individual provides any grass germplasm resource to
a foreign country, it shall be subject to the examination of the administrative department of pasture of the people’s government
of the local province, autonomous region or municipality directly under the Central Government and shall be reported to the Ministry
of Agriculture for approval.

Chapter III Selection and Cultivation as well as Examination and Approval of Grass Varieties

Article14

The state encourages an entity or individual to engage in the selection and cultivation of grass varieties, encourage an entity of
scientific research to coordinate with relevant enterprise in the selection and cultivation of grass varieties and encourage enterprises
to invest in the selection and cultivation of grass varieties.

Article15

The state adopts an examination and approval system for new grass varieties. Where any new grass variety fails to pass relevant examination
and approval, no related advertisement may be issued and neither may relevant business operation and popularization be conducted.

Article16

A National Committee for Grass Examination (hereinafter referred to as the NCGE) as established by the Ministry of Agriculture shall
take charge of the examination and approval of new grass varieties.

The NCGE shall be composed of specialized personnel that hold senior professional and technical post_titles or assume any post of section
chief or above in such aspects as scientific research, teaching, technical popularization and administration.

The director, associate directors and commissioners of the NCGE shall be appointed by the Ministry of Agriculture.

Article17

As to any new grass variety that has passed the examination and approval, the NCGE shall issue a certificate thereto and the Ministry
of Agriculture shall make an announcement thereon.

An announcement on examination and approval shall include variety names, selector and producer and adaptive areas.

As to any new grass variety that fails to pass the examination and approval, the NCGE shall inform the applicant in written form and
give relevant explanations as well.

Article18

Where any foreign citizen, enterprise or other organization that has no habitual residence or business place in China applies for
the examination and approval of any new grass variety in China, he/it shall entrust a Chinese entity with the qualification of legal
person that engages in the scientific research, production or business operation of grass varieties to handle the matter on his/its
behalf.

Chapter IV Production of Grass Seeds

Article19

A licensing system shall be adopted for the production of major grass seed products.

A License for Production of Grass Seeds shall be subject to the verification and issuance of the administrative department of pasture
of the provincial people’s government at the locality of the entity or individual that undertakes the production of grass seeds.

Article20

An entity or individual that applies for collecting a Production License for Grass Seeds shall meet the following requirements:

(1)

Having the conditions of isolation and breeding for propagation of grass seeds;

(2)

Having a production site of grass seeds where there is no quarantine subject as prescribed by the state;

(3)

Having the relevant capital as well as facilities for production and inspection compatible with the production of grass seeds;

(4)

Having relevant specialized production and inspection technicians; and

(5)

Meeting any other requirements as prescribed by any law or regulation.

Article21

Any person or entity that applies for collecting a Production License for Grass Seeds shall submit the following materials:

(1)

An application form for the Production License for Grass Seeds;

(2)

The certification on the qualification of specialized production and inspection technicians;

(3)

The certification materials on its registered capital;

(4)

A checklist and photos of inspection facilities and instruments and equipment as well as the certification on the property right or
legal use right thereof;

(5)

An introduction to the grass seed yard or a photo of grass drying equipment as well as the certification on the property right or
legal use right thereof;

(6)

A photo of the grass warehousing facilities as well as the certification on the property right or legal use right thereof;

(7)

The inspection and quarantine certification on the production site of grass seeds as well as an introduction thereto;

(8)

A quality guaranty system of grass seed production; and

(9)

An introduction to variety properties.

Where any variety is an authorized one, a written certification or variety transfer contract as approved by the owner of the variety
shall be provided. Where any grass seed in production falls within the trans-genetic category, a Safety Certificate of Agricultural
Trans-genetic Living Things shall be provided.

Article22

The organ in charge of examination and approval shall conclude an examination and make a decision on whether or not to issue a Production
License for Grass Seeds within 20 days as of the day when it accepts an application. In the case of disapproval, it shall notify
the relevant applicant in written form and give an explanation.

Where necessary, the organ in charge of examination and approval may carry out an on-the-spot inspection regarding production site,
airing and drying facilities, warehousing facilities, testing equipment and instruments.

Article23

The format of the Production License for Grass Seeds shall be uniformly formulated by the Ministry of Agriculture.

The valid term of a Production License for Grass Seeds is 3 years. Where any production needs to be extended upon expiration of the
Production License for Grass Seeds, the relevant licensee may, 3 months before expiration, apply for renewing the Production License
for Grass Seeds upon the strength of the original License according to the original procedures for application.

Within the valid term of a Production License for Grass Seeds, where any item as indicated on the License is altered, the relevant
licensee shall handle the formalities for alteration in the original organ in charge of examination and approval and shall provide
relevant certification materials.

Article24

No entity or individual may, without a Production License for Grass Seeds, engage in any production of major grass seed products.

It’s prohibited to forge, alter, purchase or sell, or rent or borrow any Production License for Grass Seeds.

Article25

An entity or individual that engages in the production of grass seeds shall carry out the grass seed production according to the Technical
Rules on Grass Seed Production and establish an archive of grass seed production, which shall indicate such contents as production
site, environmental conditions, original crops, source and quality of parent seeds, persons in charge of technologies, field-check
record, weather record of production place, and seed distribution etc. A production archive shall be preserved for 2 years after
the grass seed production is started.

Chapter V Business Operation of Grass Seeds

Article26

A licensing system shall be adopted for the business operation of grass seeds. An entity or individual that engages in grass seed
production shall obtain a License for the Business Operation of Grass Seeds before it/he goes to the administrative organ for industry
and commerce to apply for handling or altering the business license upon the strength of its License for the Business Operation of
Grass Seeds unless it is otherwise prescribed by the Seed Law of the People’s Republic of China that a License for the Business Operation
of Grass Seeds is not required.

A business operation license for crossbreed seeds, parent seeds or original seeds of original strains of major grass seeds shall be
subject to the examination and approval of the administrative department of pasture of the people’s government at the county level
where the relevant entity or individual that engages in the business operation of grass seeds is located and shall be subject to
the verification of and be issued by the administrative department of pasture of the provincial people’s government.

As to any person or entity that engages in the import of grass seeds, a License for the Business Operation of Grass Seeds shall be
subject to the examination and approval of the administrative department of pasture of the provincial people’s government where the
relevant entity or individual that engages in the business operation of grass seeds is located and shall be subject to the verification
of and be issued by the Ministry of Agriculture.

Any other business operation licenses for grass seeds shall be subject to the verification of and be issued by the administrative
department of pasture of the people’s government at the county level where the relevant entity or individual that engages in the
business operation of grass seeds is located.

Article27

Any entity or individual that applies for collecting a License for the Business Operation of Grass Seeds shall meet the following
requirements:

(1)

Having sufficient capital compatible with the variety and quantity of grass seeds under business operation as well as the capability
of bearing civil liabilities independently;

(2)

Having relevant personnel who are capable of identifying the varieties of and examining the quality of grass seeds under business
operation as well as mastering the technologies for preserving and storing grass seeds;

(3)

Having a business place as well as warehousing facilities compatible with the varieties and quantity of grass seeds under business
operation; and

(4)

Meeting any other requirement as prescribed by any law or regulation.

Article28

An entity or individual that applies for collecting a License for the Business Operation of Grass Seeds shall submit the following
materials:

(1)

An application form for a License for the Business Operation of Grass Seeds;

(2)

A photocopy of its business place as well as the certification on property right or legal use right thereof; and

(3)

A checklist and photo of warehousing facilities of grass seeds as well as the certification on property right or legal use right thereof.

Article29

The organ in charge of examination and approval shall conclude an examination and make a decision on whether or not to approve and
issue a License for the Business Operation of Grass Seeds within 20 days as of accepting an application. In the case of disapproval,
an explanation shall be given to the relevant applicant in written form.

Where necessary, the organ in charge of examination and approval may carry out an on-the-spot inspection on the relevant business
place, the facilities for processing, packing and preservation as well as inspection equipment and facilities for grass seed quality.

Article30

The format for a License for the Business Operation of Grass Seeds shall be uniformly prescribed by the Ministry of Agriculture.

The valid term of a License for the Business Operation of Grass Seeds is 3 years. Where any business needs to be extended upon expiration
of the License for the Business Operation of Grass Seeds, the relevant licensee may, 3 months before expiration, apply for renewing
the License for the Business Operation of Grass Seeds upon the strength of the original License according to the original procedures
for application.

Within the valid term of a License for the Business Operation of Grass Seeds, where any item as indicated on the License is altered,
the relevant licensee shall handle the formalities for alteration in the original organ in charge of examination and approval and
shall provide relevant certification materials.

Article31

No entity or individual may, without a License for the Business Operation of Grass Seeds, engage in the business operation of grass
seeds.

It’s prohibited to forge, alter, purchase or sell, or rent or borrow any License for the Business Operation of Grass Seeds.

Article32

A business operator of grass shall be responsible for the quality of grass seeds under business operation and shall, according to
the provisions of relevant laws and regulations, provide relevant consultation services to users of grass seeds in respect of properties
and planting technologies.

Article33

The grass seeds at sale shall be packaged. If they are packed into small packages, the package undertaking entity, the name of the
original grass seeds or the variety name of the grass seeds and place of origin shall be indicated on the small packages.

Article34

A label shall be attached to any grass seed at sale, which shall indicate the category of the grass seed, variety name, seed batch
number, production place, production time, name of the production entity and quality indicators, etc..

The contents as indicated on a label shall comply with the real state of the grass seed at sale.

A label in Chinese shall be attached to any imported grass seed at sale.

Article35

A business operator of grass seeds shall establish an operating archive of grass seeds, which shall indicate such contents as brief
introduction to the source, processing, storage, transport and all links of quality testing of grass seeds as well as to relevant
persons in charge and sales whereabouts.

An operating archive shall be preserved for 2 years after the sale of grass seeds.

Article36

The administrative department of pasture at or above the county level shall intensify the supervision and administration of grass
seed advertising. The advertised contents regarding grass seeds shall comply with relevant laws and regulations. The major properties
as described therein shall comply with the announcement upon examination and approval so as to avoid any false or misleading publicity.

Chapter VI Quality of Grass Seeds

Article37

The Ministry of Agriculture shall take charge of formulating a national supervisory sampling planning for grass seed quality as well
as a supervisory sampling plan for grass seed quality at its level. The administrative departments of pasture of the people’s governments
at or above the county level shall formulate the relevant supervisory sampling plan according to the national planning and local
situations.

The expenses for supervisory sampling shall be incorporated into the budget of the administrative department of pasture and shall
not be collected from any enterprise subject to sampling.

As to any enterprise that has gone through a supervisory sampling as conducted by the administrative department of pasture, the administrative
department of pasture at the same level or at any lower level shall not carry out any repetitive supervisory sampling over the same
crop seed of the foregoing enterprise within 6 months as of sampling.

Article38

The administrative department of pasture may entrust an inspection institution of grass seeds to carry out a quality inspection on
grass seeds.

Any institution that engages in quality inspection of grass seeds shall have relevant testing conditions and capabilities and shall
pass the examination as conducted by the relevant competent department under the people’s government at or above the provincial level.

Article39

A inspector of grass seeds in an inspection institution of grass seed quality shall meet the following requirements:

(1)

Having relevant academic background at or above the junior college level or professional post_title at or above the intermediate level;

(2)

Engaging in the technological work relating to the inspection of grass seeds for no fewer than 3 years; and

(3)

Having passed an examination as conducted by the administrative department of pasture of the people’s government at or above the provincial
level.

Article40

A quality inspection shall be carried out according to the State Rules on Forage Seed Testing for the grass seeds subject to supervisory
sampling. In the case of no relevant provision in the State Rules on Forage Seed Testing, the relevant quality inspection shall be
conducted according to the International Rules on Seed Testing.

Article41

Such contents as the name of relevant grass seed, sampling date, quantity of relevant grass seed under testing, seed batch number
and testing results shall be indicated in a Testing Report on Grass Seed Quality.

A Testing Report on Grass Seed Quality shall be filled in by a seed inspector who conducts testing upon the strength of qualification
certificate, be issued by the principal of the inspection institution and be affixed with a special examination seal of the inspection
institution.

Article42

Where any person subject to sampling has any different opinion over any inspection result, he shall, within 15 days as of receiving
a notice on inspection result, file a written application for re-examination to the administrative department of pasture that has
distributed the relevant tasks. Where any person fails to file an application within the time limit, it shall be deemed that he has
accepted the inspection result.

The administrative department of pasture that has received an application for re-examination shall carry out the relevant examination
and, where it so requires, arrange the relevant re-examination in a timely manner.

Article43

It is prohibited to produce or operate any fake or bad grass seed:

Under any of the following circumstances, a grass seed falls within the category of fake grass seeds:

(1)

Imitating grass seed by any non-grass-seed or imitating grass seeds of other variety by grass seeds of this variety; or

(2)

The category, variety or production place of any grass seed not complying with the contents as indicated on the label.

Under any of the following circumstances, a grass seed falls within the category of bad grass seeds:

(1)

The quality failing to meet the standards for use of seeds as prescribed by the state;

(2)

The quality failing to meet the indicators as labeled;

(3)

Failing to be used due to deterioration;

(4)

The ratio of wild weed seeds going beyond the relevant provision; or

(5)

Carrying any quarantine subject as prescribed by the state.

Article44

Any grass seed under production and business operation shall be subject to inspection and quarantine according to the provisions of
relevant laws and regulations on plant inspection and quarantine so as to prevent any spread of dangerous deceases of plants, insects,
wild weeds and other harmful living things.

No entity or individual may carry out any inoculation research on plant/insect diseases in any production base of grass seeds.

Chapter VII Administration of Import and Export of Grass Seeds

Article45

An entity that engages in the import or export of grass seeds shall, in addition to having obtained a License for the Business Operation
of Grass Seed, obtain the qualification for trade regarding import and export of grass seeds according to the relevant provisions
of the laws and regulations of the state on foreign trade.

Article46

An examination and approval system shall be adopted for the import and export of grass seeds.

Any entity or individual that applies for the import or export of grass seeds shall fill in an Examination and Approval Form for Import
(Export) of Grass Seeds and be subject to the examination and approval of the administrative department of pasture of the people’s
government at the provincial level. The relevant formalities for import and export shall be handled according to law after the said
Examination and Approval Form for Import (Export) of Grass Seeds is reported to the Ministry of Agriculture for examination and approval.

The valid term for an examination and approval document of grass seeds shall be 3 months.

Article47

The grass seeds to be imported or exported shall meet the following requirements:

(1)

The quality of grass seeds shall meet the state standards;

(2)

The relevant certification on the name, quantity and place of origin of relevant grass seed is authentic and complete; and

(3)

It is not any of the grass seeds as prohibited by the state from import or export.

Any entity or individual that applies for importing or exporting any grass seed shall submit the following materials:

(1)

A License for the Business Operation of Grass Seeds, a duplicate of the business license as well as the trade qualification certification
on import and export;

(2)

The certification materials on the name, quantity and place of origin of the relevant grass seed; and

(3)

The international examination and approval certificate of the imported grass variety or a roster of registered varieties;

Article48

Where any grass seed is imported for producing seeds for a foreign country, it may not be restricted by Article45 of the present Measures.
However, a contract on seed production for a foreign country shall be provided. Any imported seed shall be only applied in seed production
and the products as generated therefrom shall not be sold in the domestic market.

Chapter VIII Supplementary Provisions

Article49

Any entity or individual that violates any provision of the present Measures shall be punished according to the relevant provisions
of the Seed Law of the People’s Republic of China and the Pasture Law of the People’s Republic of China.

Article50

The administration of selection, cultivation, testing, popularization, production, processing, business operation and import and export
of trans-genetic grass seeds shall be governed by the provisions of the Regulation on the Safety Administration of Agricultural Trans-genetic
Living Things as well.

Article51

As to the collection, excavation or provision-to-the-overseas or introduction-from-the overseas of any grass germplasm resource that
has been listed into the roster of key wild plants under the state protection, aside from the formalities for examination and approval
as prescribed by the present Measures, the relevant formalities for examination and approval shall be handled according to the Regulation
of the People’s Republic of China on the Protection of Wild Plants and the Measures for the Protection of Agricultural Wild Plants.

Article52

The term “major grass seeds” as mentioned in the present Measures refers to the following: clover, erect milkvetch, caragana, sainfoin,
all-grass of red clover, hedysarum, stylosanthes, kikuyu grass, siberian wildrye grass, fairway wheat grass, buffells grass, fescue,
orchard grass, puccineuia distans, elymus rectisetus, bicolor lespedeza, coronilla, smooth brome, oat, tricale, rye-grass, sorghum
sudanense, melilotus officinalis and poaarachnifera, and any other 2 or 3 grass seeds as respectively determined by the administrative
department of pasture of the people’s government of every province, autonomous region or municipality directly under the Central
Government

The term “grass seeds” as mentioned in the present Measures shall not include any field crop such as corn and forage sorghum.

Article53

The present Measures shall come into force as of March 1, 2006. The Interim Measures for the Administration of Forage Seeds (for Trial
Implementation) shall be simultaneously abolished.

Ministry of Agriculture
2006-01-12

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PROTECTION MEASURES FOR INTELLECTUAL PROPERTY RIGHTS DURING EXHIBITIONS

THE ADMINISTRATIVE MEASURES FOR GRASS SEEDS

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