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INVESTIGATION RULES OF FOREIGN TRADE BARRIER

Ministry of Commerce

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

No. 4

Investigation Rules of Foreign Trade Barrier was adopted at the 1st Ministerial Conference of Ministry of Commerce on January 21,
2005. It is hereby promulgated and shall be implemented as of March 1, 2005.

Minister of Ministry of Commerce, Bo Xilai

February 2, 2005

Investigation Rules of Foreign Trade Barrier

Chapter I General Principles

Article 1

For the purposes of developing and regulating the investigation on foreign trade barrier, eliminating the influences of foreign trade
barrier on our country’s trade to foreign countries, promoting normal development of foreign trade, these rules are formulated in
accordance with Foreign Trade Law of the People’s Republic of China.

Article 2

Ministry of Commerce is responsible for the investigation on foreign trade barrier.

Ministry of Commerce designates Fair Trade Bureau of Import and Export to be responsible for the implementation of these rules.

Article 3

The measures or activities made or supported by the government of foreign countries (regions) are regarded as trade barrier in case
of one of following circumstances:

1.

Violate the economic treaty or agreement that the country (region) concluded or participated together with our country, or fails to
implement the obligations stipulated by economic trade treaty or agreement that the country (region) concluded or participated together
with our country;

2.

Create one of following unfavorable influences:

Cause or may cause hamper or restriction of the products or service of our country to entry the market of the country (region) or
the third country (region);

Cause or may cause injury to the competitiveness of the products or service of our country in the market of the country (region) or
the third country (region);

Cause or may cause hamper or restriction of the export of the products or service of the country (region) or the third country (region)
to our country.

Article 4

Ministry of Commerce may place the case on file for trade barrier investigation at the request of the applicant.

Ministry of Commerce may place the case on file for trade barriers investigation on its free will as it deems necessary.

Chapter II Investigation Application

Article 5

Domestic enterprises and industries or natural persons, legal persons on behalf of domestic enterprises and industries or other organizations
(hereinafter referred to as “the applicants”) may make an application for trade barrier investigation to Ministry of Commerce.

Domestic enterprises and industries in terms of above paragraph mean the enterprises or industries that have a direct bearing with
the products or service under trade barrier investigation.

Article 6

The application for trade barrier investigation must be submitted in the form of writing.

Article 7

The application letter should include following information:

1.

Name, address and related information of the applicant;

2.

The explanation of measures or ways applied for investigation;

3.

The explanation of the products or service that the measures or ways applied for investigation aim at;

4.

General explanation of relevant domestic industries;

5.

The explanation of unfavorable influences if the measures or ways applied for investigation have caused unfavorable influences;

6.

Other content the applicant deems it necessary to explain.

Chapter III Examination and Put a Case on File

Article 8

The application letter should attach following evident materials and explain the source:

1.

The evident materials that prove the existence of the measures or ways applied for investigation;

2.

The evident materials that prove the unfavorable influence caused by the measures or ways applied for investigation;

Any applicant who could not submit above materials should explain the reason by writing.

Article 9

The applicant may recall the application before Ministry of Commerce makes the decision of the investigation.

Article 10

Ministry of Commerce should examine the application materials and makes the decision on starting an investigation or not within 60
days at the receipt of the application letter and relevant evident materials.

Article 11

Ministry of Commerce may request the applicant to provide supplementary materials within a set time limit during the examination of
the application materials.

Article 12

Ministry of Commerce should decide to start an investigation and publish it by announcement if the application materials submitted
by the applicant accord with the provisions of Article 6 and 7 of these Rules and are not the circumstances in terms of Article
16 , Paragraph 1, 3 and 4.

To the cases that Ministry of Commerce decides to put on a file should also be published by announcement.

Article 13

The announcement for investigation should make clear the measures or ways under investigation, the products or service relating to
the measures and ways under investigation, and the country (region) where the measures and ways are under investigation (hereinafter
referred to as “the country (region) under investigation”), introduce briefly the available information and make clear the time limit
that the interested parties set out their views and the public make comments.

Article 14

Ministry of Commerce should inform the applicant, known export and import managers, the government of the country (region) under investigation
and other interested parties after the publication of the announcement for the investigation.

Article 15

The publication day of the announcement is the date that the investigation starts.

Article 16

Ministry of Commerce may make a decision not to start an investigation in case of one of following circumstances:

1.

The description in terms of the application materials submitted by the applicant does not accord with the facts;

2.

The application materials submitted by the applicants are not complete and the applicant does not provide supplementary materials
within the time limit set by Ministry of Commerce.

3.

The measures or ways applied for investigation by the applicant are obviously not subjected to trade barrier in terms of Article 3
of these Rules;

4.

Other circumstances that Ministry of Commerce deems unnecessary to start an investigation on.

Article 17

Ministry of Commerce should inform the applicant by writing and make clear the reason why it does not start an investigation.

Chapter IV Investigation and Confirmation

Article 18

Ministry of Commerce should confirm by investigation whether the measures or ways under investigation has constituted trade barrier
in terms of Article 3 of these Rules.

Article 19

Ministry of Commerce may use any information collected initiatively during the investigation.

Article 20

Ministry of Commerce may establish expert consultation group constituted by relevant departments of State Council, experts and scholars
when it deems necessary. The expert consultation group is responsible for providing comments on technical and lawful issues relating
to the investigation.

Article 21

Ministry of Commerce may seize up the situation and make the investigation by questionnaires, hearings and other ways.

Article 22

Ministry of Commerce may send staffs to the country (region) to make investigations and gather evidence with the agreement of the
government of the country (region) under investigation when it deems necessary.

Article 23

The interested parties may apply to Ministry of Commerce for dealing with their materials as classified ones if they think it will
cause harmful influence in case of the disclosing of the materials they submitted.

Article 24

If Ministry of Commerce thinks the application for keeping secrete is proper, it should treat the materials provided by the interested
parties as classified ones and ask the interested parties for an un-classified summary of the materials.

Without the agreement of the interested parties who provide the materials, Ministry of Commerce may not use the materials treated
as confidential ones beyond the use of trade barrier investigation.

Article 25

During the investigation, Ministry of Commerce may make consultations with the country (region) under investigation about the measures
and ways under investigation.

Article 26

Ministry of Commerce May decide to terminate the investigation and publish it by announcement in case of one of following circumstances:

1.

The government of the country (region) under investigation promises to cancel or readjust the measures or ways within proper time
limit;

2.

The government of the country (region) under investigation promises to provide our country with proper trade compensation within proper
time limit;

3.

The government of the country (region) promises to perform the obligations of economic trade treaty or agreement;

4.

Other circumstances that Ministry of Commerce thinks the investigation may be ended.

Article 27

If the government of the country (region) under investigation does not perform the promises in Article 26 , Paragraph 1 to 3 of these
Rules, Ministry of Commerce may resume its investigation. As for the investigation that Ministry of Commerce decided to end in accordance
with Article 26 , Paragraph 4 of these Rules, the investigation may be resumed after the elimination of the circumstances..

Article 28

Ministry of Commerce may terminate the procedure of the investigation except that it deems the termination of the investigation procedure
does not accord with public interests.

Article 29

Ministry of Commerce should terminate the investigation and publish it by announcement in case of one of following circumstances:

1.

The government of the country (region) has canceled or readjusted the measures or ways under investigation;

2.

The government of the country (region) has provided our country with proper trade compensation;

3.

The government of the country (region) has performed the obligations of economic trade treaty or agreement;

Article 30

Ministry of Commerce may terminate the investigation and make an announcement in case of one of following circumstances:

1.

The applicant does not provide proper cooperation during investigation;

2.

Other circumstances that Ministry of Commerce thinks the investigation may be terminated.

Article 31

Ministry of Commerce should make a decision and announcement on whether the measures or ways constitute the trade barrier in terms
of Article 3 of these Rules.

Article 32

Trade barrier investigation should be finished within 6 months as of the day of announcement for the investigation. It may be prolonged
in case of special circumstances, but it should not exceed 3 months.

Article 33

If the measures or ways under investigation are confirmed to constitute trade barrier in terms of Article 3 of these Rules, Ministry
of Commerce should take following measures according to the circumstances:

1.

Hold bilateral consultations;

2.

Start settlement mechanism of multilateral dispute;

3.

Take other proper measures.

Chapter V supplementary Articles

Article 34

The announcement made in accordance with these Rules should make clear important conditions, facts, reasons, foundations, results
and conclusions.

Article 35

The investigation on foreign investment barrier should be implemented according to these Rules.

Article 36

The interpretation of these Rules should be vested in Ministry of Commerce.

Article 37

These Rules shall come into effect as of March 1, 2005.



 
Ministry of Commerce
2005-02-02

 






THE CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON EXEMPTING REFUNDABLE PERSONAL INSURANCE WITH A TERM MORE THAN ONE YEAR FROM BUSINESS TAX

The Ministry of Finance, the State Administration of Taxation

The Circular of the Ministry of Finance and the State Administration of Taxation on Exempting Refundable Personal Insurance with a
Term more than One Year from Business Tax

Cai Shui [2005] No.21

Some local taxation authorities and related insurance companies require exempting from business tax on the common life insurance with
a term more than one year (one year is included, the same below) that returns capital and interests, pension & annuities insurance
and health insurance products with a term more than one year that are newly sold by insurance companies. After deliberation, it is
now notified as follows: pursuant to relevant provisions of the Circular on Exemption from Business Tax on Certain Projects (Cai
Shui Zi [1994] No.002) and the Circular of the Ministry of Finance and the State Administration of Taxation on Certain Issues concerning
the Exemption from Business Tax on Life Insurance Business (Cai Shui [2001] No.118), it is decided after examination and verification
to exempt from business tax on the premiums gained from the insurance products which are sold by related insurance companies and
satisfy the conditions of exemption from tax, and the list of the insurance products exempted from tax is attached to the Appendix.

Ministry of Finance

State Administration of Taxation

February 2, 2005 Appendix:The List of the Insurance Products Exempted from Tax

I.

PING AN INSURANCE (GROUP) COMPANY OF CHINA ,LTD.

1.

Ping An Group Term Life Insurance

2.

Ping An Happiness Term Life Insurance (A) (1999)

3.

Ping An Happiness Term Life Insurance (B) (1999)

4.

Ping An Jubaopen Endowment Insurance (A)

5.

Ping An Jubaopen Endowment Insurance (B)

6.

Ping An Zhifurensheng Whole Life Insurance (Universal , A)

7.

Ping An Zhifurensheng Whole Life Insurance (Universal , B)

8.

Ping An Extraneous Term Life Insurance(2000)

9.

Pension Insurance (profit difference refundable)

10.

Ping An Ruyijiujiu Group Annuity Insurance

11.

Ping An One-year Term Life Insurance for Students

12.

Ping An Group One-year Term Life Insurance(9906)

13.

Ping An Group Dread Disease Insurance (B)

14.

Ping An Group Dread Disease Insurance for Hospital Allowance Receipt

II.

the China Pacific Life Insurance Co., LTD.

1.

Hongkuihua Endowment Insurance for Children

2.

Group Annuities Insurance (Yi)

3.

Management Group Health Insurance

4.

Lihaoduo Endowment Insurance (A)

5.

Lihaoduo Endowment Insurance (B)

6.

Group Personal Insurance (June, 1999)

7.

Group Personal Insurance for Teachers and Students

8.

Lihaoduo Endowment Insurance (C)

9.

Taiping Shengshi Changfa Endowment Insurance (Universal )

10.

Honglifa Endowment Insurance ( Dividend)

11.

Xiaokongzhijia Jinyumantang Endowment Insurance ( Dividend)

12.

Shijihong Endowment Insurance

13.

Ruiheng Enterprise Annuities Group Investment-linked Life Insurance

14.

Hongfulai Annuities Insurance (A)

15.

Hongfulai Annuities Insurance (B)

16.

Hongfulai Annuities Insurance (C)

17.

Bubugao Convertible Pension Insurance

18.

Bubugao Increased Value and Extraneous Old-age Insurance

19.

Taiping Ankang Life Insurance (B)

20.

Xueyousuocheng Profits-Refundable Comprehensive Insurance

21.

Xingfurensheng Progressive Whole Life Insurance

III.

China Life Insurance Company limited

1.

Guoshou Insurance Compensation Convertible to Annuities Insurance

2.

Guoshouyongtai Group Annuities Insurance (Dividend)

3.

Guoshou Xiangbanyongyuan Pension Insurance

4.

Guoshou Xingfuzhijia Endowment Insurance

5.

Guoshou Xinfuxiangban Term Life Insurance

6.

Guoshou Antai Group Term Life Insurance (2004)

7.

Guoshou Group Term Life Insurance for Police (2004)

8.

Guoshou Hongfeng Endowment Insurance ( Dividend)

9.

Guoshou Hongxi Annuities Insurance ( Dividend)

10.

Guoshou Yuxin Endowment Insurance ( Dividend)

11.

Guoshou Kangyou Medical Insurance for hospitalization (A)

12.

Guoshou Kangyou Medical Insurance for hospitalization (B)

13.

Guoshou Group Supplementary Medical Insurance (A)

14.

Guoshou Group Supplementary Medical Insurance (B)

15.

Guoshou Group Dread Disease Insurance (2004)

16.

Guoshou Kangheng Dread Disease Insurance

17.

Guoshou Extraneous kangxin Dread Disease Insurance

18.

Guoshou Extraneous kangxin Dread Disease Insurance for Children

IV.

Beijing Branch of American International Assurance Company, Limited (AIA)

1.

AIA Disease Insurance against Cancer

2.

AIA Extraneous Ankangbao Dread Disease Insurance

3.

AIA Extraneous Shijiyingcai Reserve Endowment Insurance till 18 Years Old

4.

AIA Extraneous Shijiyingcai Reserve Endowment Insurance till 19 Years Old

5.

AIA Extraneous Shijiyingcai Reserve Endowment Insurance for 20 Years Old

6.

AIA Extraneous Shijiyingcai Reserve Endowment Insurance till 21Years Old

7.

AIA Extraneous Shijiyingcai Reserve Endowment Insurance till 22 Years Old

8.

AIA Extraneous Shijiyingcai Reserve Endowment Insurance till 23 Years Old

9.

AIA Extraneous Shijiyingcai Reserve Endowment Insurance till 24 Years Old

10.

AIA Extraneous Shijiyingcai Reserve Endowment Insurance till 25 Years Old

11.

AIA Extraneous Shijiyingcai Reserve Endowment Insurance till 30 Years Old

12.

AIA Endowment Life Enhanced Dread Disease Insurance till 60 Years Old

13.

AIA Extraneous Endowment Life Enhanced Dread Disease Insurance for 65 Years Old

14.

AIA Endowment Life Enhanced Dread Disease Insurance

15.

AIA Duolibao Whole Life Insurance (Universal)

16.

AIA Extraneous Zhizunbao Basic Premium Exemption Term Life Insurance for Children

17.

AIA Jubaopen Endowment Insurance (Dividend)

18.

AIA Extraneous Premium Exemption Term Life Insurance till 18 Years Old

19.

AIA Extraneous Premium Exemption Term Life Insurance till 19 Years Old

20.

AIA Extraneous Premium Exemption Term Life Insurance till 20 Years Old

21.

AIA Extraneous Premium Exemption Term Life Insurance till 21 Years Old

22.

AIA Extraneous Premium Exemption Term Life Insurance till 22 Years Old

23.

AIA Extraneous Premium Exemption Term Life Insurance till 23 Years Old

24.

AIA Extraneous Premium Exemption Term Life Insurance till 24 Years Old

25.

AIA Extraneous Premium Exemption Term Life Insurance till 25 Years Old

26.

AIA Extraneous Premium Exemption Term Life Insurance till 30 Years Old

27.

AIA Fangyubao Disease Insurance

28.

AIA Extraneous Disease Insurance against Cancer

29.

AIA Shijiyingcai Endowment Insurance

30.

AIA Five Year Licaibao Insured Renewal Endowment Insurance

31.

AIA Yangyibao Endowment Insurance till 60 Years Old

32.

AIA Yangyibao Endowment Insurance till 60 Years Old

V.

Guangzhou Branch of American International Assurance Company, Limited

1.

AIA Jubaopeng Endowment Insurance (Dividend)

2.

AIA Extraneous Premium Exemption Term Life Insurance till 18 Years Old

3.

AIA Extraneous Premium Exemption Term Life Insurance till 19 Years Old

4.

AIA Extraneous Premium Exemption Term Life Insurance till 20Years Old

5.

AIA Extraneous Premium Exemption Term Life Insurance till 21 Years Old

6.

AIA Extraneous Premium Exemption Term Life Insurance till 22 Years Old

7.

AIA Extraneous Premium Exemption Term Life Insurance till 23 Years Old

8.

AIA Extraneous Premium Exemption Term Life Insurance till 24 Years Old

9.

AIA Extraneous Premium Exemption Term Life Insurance till 25Years Old

10.

AIA Extraneous Premium Exemption Term Life Insurance till 30 Years Old

11.

AIA Jinyaoshi Mortgage Loan Term Life Insurance

12.

AIA Extraneous Premium Exemption Term Life Insurance for Children

13.

AIA * Term Life Insurance Additional Contract (*including 10-year-term, 15-year-term, 20-year-term, expiration of 22 years old for
children, expiration of 55 years old for children, expiration of 60 years old for children,)

14.

AIA Anxinbao Whole Life Insurance

15.

AIA Extraneous Zhizunbao Basic Premium Exemption Term Life Insurance for Children

16.

AIA Premium Exemption Additional Contract (affixed to AIA Jinruibaozheng Pension Insurance)

17.

AIA Extraneous Premium Exemption Term Life Insurance (affixed to 20PM)

18.

AIA Ankangbao Endowment Insurance

19.

AIA Extraneous Ankangbao Dread Disease Insurance

VI.

CIC

Group Plan Immune Health Insurance for Children



 
The Ministry of Finance, the State Administration of Taxation
2005-02-02

 






MEASURES FOR THE ADMINISTRATION OF FOREIGN-CAPITAL LEASE INDUSTRY

the Ministry of Commerce

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

No. 5

The Measures for the Administration of Foreign-capital Lease Industry were deliberated and adopted at the 1st executive meeting of
the Ministry of Commerce on January 21, 2005. They shall go into effect as of March 5, 2005.

Minister of the Ministry of Commerce Bo Xilai

February 3, 2005

Measures for the Administration of Foreign-capital Lease Industry

Article 1

For the purpose of promoting the sound development of foreign-capital lease industry, regulating the business operations of foreign-capital
lease industry and preventing operating risks, these Measures are formulated in accordance with the Contract Law of the People’s
Republic of China, the Company Law of the People’s Republic of China, the Law of the People’s Republic of China on Foreign-capital
Enterprises, the Law of the People’s Republic of China on Chinese-foreign Equity Joint Ventures, the Law of the People’s Republic
of China on Chinese-foreign Contractual Joint Ventures and other relevant laws and regulations

Article 2

These Measures shall apply to the foreign-capital companies, enterprises and other economic organizations (hereinafter referred to
as the foreign investors) that establish foreign-capital enterprises within the territory of China in the forms of Chinese-foreign
equity joint venture, Chinese-foreign contractual joint venture and solely foreign-capital enterprise to conduct leasing business
or financial leasing business.

Article 3

The foreign-capital lease industry may take the form of a limited liability company or a joint-stock limited company.

A foreign-capital enterprise undertaking leasing business is a foreign-capital leasing company. A foreign-capital enterprise undertaking
financial leasing business is a foreign-capital financial leasing company.

Article 4

All foreign-capital leasing companies and foreign-capital financial leasing companies shall abide by the relevant laws, regulations
and rules of the People’s Republic of China. Their proper business activities and legitimate rights and interests shall be protected
by the Chinese law.

The Ministry of Commerce (hereinafter referred to as the MOFCOM) is the administrative department in charge of the foreign-capital
lease industry and also the administrative department responsible for the examination and approval thereof.

Article 5

The leasing business as mentioned in the present Measures refers to the business that the lessor offers a lessee the use and proceeds
of a leased property in exchange for rent.

The financial leasing business as mentioned in the present Measures refers to the business that the lessor purchases a leased property
from a seller in light of a lessee’s selection of the seller or the leased property, then offers the lessee the use thereof in exchange
for rent.

The foreign-capital financial leasing company may undertake its financial leasing business by adopting the various forms of direct
lease, sublease, leaseback, leveraged lease, trust lease and joint lease.

Article 6

The leased property as mentioned in the present Measures includes:

(1)

various movable properties such as production equipment, communication facility, medical device, scientific research equipment, inspection
and testing apparatus, engineering machinery and office equipment;

(2)

various transport facilities such as planes, automobiles and vessels;

(3)

intangible assets accompanying the movable properties and transport tools as mentioned in Items (1) and (2) of this article such as
software and technologies, but the value of such intangible assets may not exceed 1/2 of that of a leased property.

Article 7

The total foreign-invested assets of a foreign-capital leasing company or foreign-capital financial leasing company may not be less
than US $ 5 million.

Article 8

A foreign-capital leasing company shall meet the following conditions:

(1)

Its registered capital meets the relevant requirements of the Company Law;

(2)

It meets the relevant requirements for the registered capital and total investment of a foreign-capital enterprise; and

(3)

The operating period for a foreign-capital leasing company in the form of limited liability company shall not exceed 30 years in general.

Article 9

A foreign-capital financial leasing company shall meet the following conditions:

(1)

It has a registered capital not less than US$ 10 million;

(2)

The operating period for a foreign-capital leasing company in the form of limited liability company shall not exceed 30 years in general;
and

(3)

It has the corresponding professionals. Its senior managerial personnel shall have the corresponding professional qualifications and
at least 3 years of experience of practice.

Article 10

The following materials shall be submitted to the examination and approval department for the establishment of a foreign-capital leasing
company or foreign-capital financial leasing company:

(1)

A written application;

(2)

A report of feasibility study affixed with the signatures of all investors;

(3)

The contract and articles of association (a foreign enterprise is only required to submit the articles of association);

(4)

The credit standing certification issued by a bank, registration certification (photocopy) and identity certification (photocopy)
of the legal representative of each investor;

(5)

Each investor’s audit report of the previous year upon audit of an accounting firm;

(6)

The name list of the members of the board of directors and the appointment document issued by each investor;

(7)

The qualification certifications of the senior managerial personnel; and

(8)

The notice of prior approval of enterprise name issued by the administrative department for industry and commerce.

In addition to the materials stated above, the applicant that applies for establishing a joint-stock limited company shall submit
the other materials as prescribed in the relevant provisions.

Article 11

The establishment of a foreign-capital leasing company or foreign-capital financial leasing company shall comply with the following
procedures:

(1)

For establishing a foreign-capital leasing company in the form of limited liability company, the investors shall submit a complete
set of materials as prescribed in Article 10 of the present Measures to the provincial commerce administrative department of the
place where the to-be-established enterprise is located. This provincial administrative department of commerce shall, within 45 working
days from receipt of the complete set of application materials, make a decision of approval or disapproval. If it approves the establishment,
it shall issue a Foreign-capital Enterprise Approval Certificate. If it disapproves the establishment, it shall give an explanation
therefore in written form. It shall file the approval documents with the MOFCOM for archival purposes within 7 working days after
it approves the establishment of a foreign-capital leasing company. The establishment of a foreign-capital leasing company in the
form of joint-stock limited company shall comply with the relevant provisions.

(2)

For establishing a foreign-capital financial leasing company, the investors shall submit a complete set of materials as prescribed
in Article 10 of the present Measures to the provincial administrative department of commerce where the to-be-established enterprise
is located. After conducting preliminary examination over the application documents, this provincial administrative department of
commerce shall submit them and the preliminary examination opinions to the MOFCOM within 15 working days from receipt of the complete
set of application documents. The MOFCOM shall make a decision of approval or disapproval within 45 working days from receipt of
the complete set of application documents. If it approves the establishment, it shall issue a Foreign-capital Enterprise Approval
Certificate. If it disapproves the establishment, it shall give an explanation therefore in written form.

(3)

Where an established foreign-capital company applies for undertaking the leasing business, it shall meet the requirements as specified
in the present Measures and shall, in accordance with the procedure as prescribed in Item (1) of this article, modify the relevant
business scope.

Article 12

A foreign-capital leasing company or foreign-capital financial leasing company shall go through the registration formalities with
the administrative department for industry and commerce within 30 workings after receiving the Foreign-capital Enterprise Approval
Certificate.

Article 13

A foreign-capital leasing company may undertake the following businesses:

(1)

The leasing business;

(2)

The purchase of leased property from home and abroad;

(3)

The disposal of scrap value of and maintenance of leased property; and

(4)

Other businesses approved by the examination and approval department.

Article 14

A foreign-capital financial leasing company may undertake the following businesses:

(1)

The financial leasing business;

(2)

The leasing business;

(3)

The purchase of leased property from home and abroad;

(4)

The disposal of scrap value of and maintenance of leased property;

(5)

The consultancy and guaranty business relating to lease transaction;

(6)

Other businesses approved by the examination and approval department.

Article 15

If the leased property, which is to be imported by a foreign-capital financial leasing company in light of the choice of a lessee,
is governed by special policies on quota, license, etc., the lessee or financial leasing company shall go through application formalities
in accordance with the relevant provisions.

When importing the leased property, a foreign-capital leasing company shall comply with the currently effective provisions regarding
the import of equipment by foreign-capital enterprises.

Article 16

For the purposes of preventing risks and guaranteeing the business operation security, generally, the risk assets of a financial leasing
company shall not exceed 10 times of the total amount of its net assets. The risk assets shall be determined on the basis of residual
assets, namely, the result after deducting the cash, bank deposits, national debts and entrusted leased assets from the total assets.

Article 17

A foreign-capital financial leasing company shall, not later than March 31 of each year, submit to the MOFCOM the business operation
report of the previous year and the financial statement of the previous year upon audit by an accounting firm.

Article 18

The Lease Industry Commission of the China Foreign-capital Enterprises Association is a guild organization performing self-discipline
management of the foreign-capital lease industry. The foreign-capital leasing companies and foreign-capital financial leasing companies
are encouraged to join it.

Article 19

Where a foreign-capital leasing company or foreign-capital financial leasing company violates any law, regulation or rule of China,
it shall be punished according to the relevant provisions.

Article 20

The establishment of a foreign-capital leasing company or foreign-capital financial leasing company in the Mainland by a company,
enterprise or any other economic organization from the Hong Kong Special Administrative Region, Macao Special Administrative Region
or Taiwan Region shall be implemented with reference to the present Measures.

Article 21

The provincial administrative department of commerce as mentioned in the present Measures refers to the administrative department
of commerce of each province, autonomous region, municipality directly under the Central Government, city directly under state planning
or of the Xinjiang Production and Construction Group.

Article 22

The power to interpret the present Measures shall be vested in the MOFCOM.

Article 23

The present Measures shall go into effect as of March 5, 2005. The Interim Measures for the Administration of Examination, Approval
of Foreign-capital Leasing Companies issued by former Ministry of Foreign Trade and Economic Cooperation through Order No. 3 in the
year of 2001 shall be abolished simultaneously.



 
the Ministry of Commerce
2005-02-03

 






INTERIM MEASURES FOR VOLUNTARY LICENSING FOR EXPORT OF TEXTILE PRODUCTS

the Ministry of Commerce

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

No. 3

The Interim Measures for Voluntary Licensing for Export of Textile Products, which were adopted at the 2nd executive meeting of the
Ministry of Commerce on January 30, 2005, are hereby promulgated and shall come into force as of March 1, 2005.

Minister of the Ministry of Commerce Bo Xilai

February 6, 2005

Interim Measures for Voluntary Licensing for Export of Textile Products

Article 1

In order to strengthen the statistical analysis and monitoring to the textile export and promulgate in time the early-warning information
on the textile export to the export dealers, the present Measures are formulated in accordance with the Foreign Trade Law of the
People’s Republic of China.

Article 2

The Ministry of Commerce shall be the administration department for the administration of voluntary licensing for the export of textile
products, and be responsible for formulating and adjusting the Catalogue of Textile Products Subject to Voluntary Licensing for Export
together with the General Administration of Customs, and promulgate it in the form of announcement of the Ministry of Commerce 30
days before its implementation, or no later than 21 days before its implementation under special circumstances. The textile products
as listed in the Catalogue for Textile Products Subject to Voluntary Licensing for Export shall be subject to the administration
of voluntary export licensing through a Voluntary Export License for Textile Products.

Article 3

The Ministry of Commerce shall authorize the Quota Licensing Bureau to uniformly manage and guide the license-issuing work of the
license-issuing agencies (see Attachment I for the name list of license-issuing agencies) throughout the country. The Quota Licensing
Bureau shall answer for the Ministry of Commerce.

The Quota Licensing Bureau and all local commercial administrative departments shall be the license-issuing agencies of Voluntary
Export Licenses for Textile Products, and shall, under the uniform administration of the Quota Licensing Bureau, be responsible for
the license-issuing work within their respective authorized scopes.

Article 4

Voluntary Export Licenses for Textile Products (see Attachment II for the sample of certificates) and the special seal for voluntary
export licenses (see Attachment III for the sample of the seal) shall be made under the uniform supervision of the Ministry of Commerce
and issued to the license-issuing agencies by the Ministry of Commerce. All license-issuing agencies shall appoint a special person
to keep the seal that shall be used only for special purpose.

Article 5

Before an export dealer goes through the formalities for export declaration at the customs for any commodity as listed in the Catalogue
of Textile Products Subject to Voluntary Licensing for Export, he shall make a voluntary licensing application to the license-issuing
agency and submit the following materials in written form:

1.

the application form for voluntary export licenses for textile products (see Attachment IV for the sample form, and an export dealer
may obtain it at the license-issuing agency or download it from the website of the Ministry of Commerce and print it); and

2.

the export contract of goods.

In addition to the aforesaid materials, an export dealer who applies for a Voluntary Export License for Textile Products for the first
time shall provide the photocopies of the following materials to all license-issuing agencies:

1.

its business license;

2.

its qualification certificate for an import and export enterprise or the registration form for foreign trade dealers or the approval
certificate for a foreign-invested enterprise; and

3.

The qualified certification materials on the annual examination of the enterprise or on the joint annual examination of the foreign-invested
enterprises (with the exception of newly established enterprises);

The export dealer shall provide the aforesaid materials again to all license-issuing agencies in time if there is any change thereof
after the archival filing.

The export dealers shall be responsible for the authenticity of the submitted materials, and ensure that their business activities
accord with the state laws and regulations. The license-issuing agency may charge the export dealers to make amendments in case it
finds any mistake in the aforesaid materials.

Article 6

The export dealer may apply for a Voluntary Export License for Textile Products on the Internet. In the case of any application online,
the export dealer may log on a designated website, enter into a relevant application system and fill in online an application form
for voluntary export licenses for textile products (a spreadsheet) according to requirements.

Any export dealer, who files an application for a license on the Internet, shall provide the license-issuing agency with written materials
as stipulated in Article 5 .

Article 7

Every license-issuing agency shall issue a Voluntary Export License for Textile Products within 10 working days as of the receipt
of a correct and complete application for voluntary licensing.

Article 8

When handling formalities related to the export of textile products, the customs shall check the Voluntary Export License for Textile
Products affixed with a special seal for voluntary export licenses.

Article 9

The Ministry of Commerce shall regularly publish on the government website the information on the commodities involved in the Catalogue
of Textile Products Subject to the Voluntary Licensing for Export.

Article 10

The systems of “one license for one batch” and “one license for one customs” shall be implemented to Voluntary Export Licenses for
Textile Products, which shall be effective within a Gregorian calendar year for a period of three months and shall become invalid
upon expiration. No one may sell and buy, transfer, alter, forge or sell off any Voluntary Export License for Textile Products.

Article 11

In case the Voluntary Export License for Textile Products is lost, the export dealer shall immediately report the loss in written
form to the original license-issuing agency and the customs of the clearance port as indicated on the Voluntary Export License for
Textile Products. The original license-issuing agency shall, at receipt of the loss report and upon verification of no harmful consequences,
reissue a license.

Article 12

Where anyone exports any textile product subject to the management of voluntary export licensing without applying for a Voluntary
Export License for Textile Products, he shall be punished by the customs according to the provisions of the relevant laws and administrative
regulations.

Article 13

Where anyone forges, alters or traffics in any Voluntary Export Licenses for Textile products or obtains one by unwarrantable means,
he shall be punished according to the provisions of the relevant laws and administrative regulations.

Article 14

The system of voluntary export licensing for textile products shall be applicable to the export to the whole world or important countries
or regions under any trade fashion. The specific method of supervision shall be found in Attachment V.

Article 15

Textile products as listed in Catalogue of Textile Products Subject to Voluntary Licensing for Export, which enter bonded areas, export
processing zones or other special areas under the special supervision of the customs from the outside bonded areas within China,
shall be handled according to the provisions in the Measures on the Customs Supervision over Bonded Areas (Guo Han [1997] No.48)
and the Interim Measures of the General Administration of Customs of the People’s Republic of China on the Supervision over Export
Processing Zones (Order No.389 of the State Council).

Article 16

The power to interpret the present Measures shall remain with the Ministry of Commerce.

Article 17

The present Measures shall come into force as of March 1st, 2005.



 
the Ministry of Commerce
2005-02-06

 






REGULATION ON ELECTRIC POWER SUPERVISION

the State Council

Order of the State Council of the People’s Republic of China

No. 432

The Regulation on Electric Power Supervision, which was adopted at the 80th executive meeting of the State Council on February 2,
2005, is hereby promulgated and shall go into effect as of May 1, 2005.

Premier of the State Council, Wen Jiabao

February 15, 2005

Regulation on Electric Power Supervision

Chapter I General Provisions

Article 1

With a view to strengthening electric power supervision, regulating the supervision of electric power, and improving the electric
power supervisory system, the present Regulation is formulated.

Article 2

The tasks of electric power supervision are to maintain the order of the electric power market, to protect the legal rights and interests
of those who invest in, manage or consume the electric power and the public interests, to guarantee the safe and stable operation
of the electric power system and to promote the sound development of the electric power industry.

Article 3

Electric power supervision shall be conducted in accordance with the law and in compliance with the principles of openness, justness
and efficiency.

Article 4

The electric power supervisory organ of the State Council shall perform the functions of electric power supervision and administrative
law enforcement pursuant to the present Regulation and the relevant provisions of the State Council. The relevant departments of
the State Council shall perform relevant supervisory functions and administrative law enforcement functions in accordance with the
laws, administrative regulations and the relevant provisions of the State Council.

Article 5

Any entity or individual shall have the right to inform the electric power supervisory organ and the relevant government department
of an offense that violates the present Regulation and the state provisions on electric power supervision, and the electric power
supervisory organ and other relevant government departments shall handle it without delay, and shall grant a reward to the person
who makes contributions to such information.

Chapter II Supervisory Organ

Article 6

The electric power supervisory organ of the State Council may, according to the needs for performing functions, set up representative
offices upon the approval of the State Council, and exercise unified leadership and administration on the offices.

The representative offices of the electric power supervisory organ of the State Council shall perform their supervisory functions
within the scope as authorized by the electric power supervisory organ of the State Council.

Article 7

A functionary of the electric power supervisory organ engaged in supervisory work shall have the professional knowledge and experiences
suitable for electric power supervision.

Article 8

The functionaries of the electric power supervisory organ engaged in supervisory work shall perform their duties faithfully, handle
affairs according to law, be impartial and clean, and may not seek improper interests by taking advantages of their posts or hold
posts concurrently in the electric power enterprise or the trading institution for dispatching electric power.

Article 9

The electric power supervisory organ shall establish a supervision responsibility system and a supervision information disclosure
system.

Article 10

When an electric power supervisory organ or any of its supervisory functionaries performs electric power supervisory functions, the
departments and persons concerned shall support and cooperate with them.

Article 11

The electric power supervisory organ shall be subject to the supervision of the financial, supervisory and auditing departments of
the State Council.

Chapter III Supervisory Duties

Article 12

The electric power supervisory organ of the State Council shall, within the scope of its official duties, formulate and promulgate
rules and regulations on electric power supervision in accordance with the laws, administrative regulations and the present Regulation.

Article 13

The electric power supervisory organ shall issue and administer the electric power business license in accordance with the relevant
laws and the relevant provisions of the State Council.

Article 14

The electric power supervisory organ shall, pursuant to the relevant state provisions, exercise supervision over the market share
of power generation enterprise in each electric power market.

Article 15

The electric power supervisory organ shall exercise supervision over the implementation of relevant rules and regulations during the
course of incorporating power plants into the power grid, the interconnection between grids and the coordinated cooperation between
power plants and power grids.

Article 16

The electric power supervisory organ shall exercise supervision over the fair and non-discriminatory opening of the electric power
market to the subjects that engages in electric power transactions, and the electric power transmission enterprises’ fair opening
of its grids.

Article 17

The electric power supervisory organ shall exercise supervision over the implementation of the operation rules on the electric power
market by electric power enterprises and the trading institution for dispatching electric power, and the conditions on the implementation
of rules on dispatching electric power by the trading institution for dispatching electric power.

Article 18

The electric power supervisory organ shall exercise supervision over the supply of electric power by power supply enterprises to consumers
in light of the quality and service of power supply as provided for by the State.

Article 19

The electric power supervisory organ shall be specifically responsible for the supervision and administration of electric power safety.

The electric power supervisory organ of the State Council shall, in collaboration with the development and reform department and the
administrative department of work safety of the State Council, work out prepared plans for handling serious safety accidents of electric
power generation and establish a system for emergency treatment in serious safety accidents of electric power generation.

Article 20

The competent department of price and the electric power supervisory organ of the State Council shall exercise supervision over electricity
prices in accordance with the laws, administrative regulations and the provisions of the State Council.

Chapter IV Supervisory Measures

Article 21

The electric power supervisory organ pursuant to its supervisory duties shall have the power to demand electric power enterprises
and the trading institutions for dispatching electric power to submit documents and materials relating to the supervision.

The electric power enterprise and the trading institutions for dispatching electric power shall faithfully submit relevant documents
and materials.

Article 22

The electric power supervisory organ of the State Council shall establish an electric power supervision information system.

The electric power enterprises and the trading institutions for dispatching electric power shall, in accordance with the rules as
prescribed by the electric power supervisory organ of the State Council, connect supervision-related information systems with the
electric power supervision information system.

Article 23

The electric power supervisory organ shall have the right to order electric power enterprises and the trading institutions for dispatching
electric power to faithfully disclose relevant information in accordance with the regulations and rules on electric power supervision
as prescribed by the State.

Article 24

When the electric power supervisory organ performs its duties according to law, it may take the following measures to conduct spot
inspection:

(1)

Conducting inspection by entering into an electric power enterprise or a trading institution for dispatching electric power;

(2)

Inquiring the working personnel of an electric power enterprise or a trading institution for dispatching electric power, and ask them
to explain the relevant matters being inspected;

(3)

Examining and copying the documents and materials relating to the matters being inspected, and sealing up for keeping the documents
and materials that may be displaced, hidden or destroyed; or

(4)

Correcting on the spot or requesting for making corrections within a prescribed time limit if there is any violation found during
the course of inspection.

Article 25

A functionary engages in electric power supervision shall produce his legitimate certificate when conducting a spot inspection; if
he fails to do so, any electric power enterprise or any trading institution for dispatching electric power shall be enpost_titled to refuse
the inspection.

Article 26

Where an electric power plant is incorporated into the power grid or the power grids are interconnected, and both parties to the said
incorporation or to the said interconnection fail to reach an agreement and thus affecting the normal electric power transaction,
the electric power supervisory organ shall carry out mediation between the parties; if the mediation fails, the electric power supervisory
organ shall find a verdict.

Article 27

In case a generation safety accident occurs to an electric power enterprise, the enterprise shall immediately take measures to prevent
the accident from deterioration and report to the electric power supervisory organ and other relevant departments. The electric power
supervisory organ, after receiving the report on the accident, shall take treatment measures in light of the prepared plans for great
electric power generation safety accidents.

The electric power supervisory organ shall organize or participate in the investigation and handling of electric power generation
safety accidents in accordance with the relevant state provisions.

Article 28

In case an electric power enterprise or a trading institution for dispatching electric power violates any of the laws or administrative
regulations on electric power supervision or the rules on electric power supervision, or has any act harmful to public interests,
the electric power supervisory organ may make public the said violation or act as well as the treatment thereof.

Chapter V Legal Liabilities

Article 29

Any functionary of an electric power supervisory organ who engages in supervisory work and is found to be under any of the following
circumstances shall be given an administrative punishment; if a crime is constituted, he shall be prosecuted for criminal liabilities
according to law:

(1)

Issuing electric power business license by violating the relevant laws and provisions of the State Council;

(2)

Failing to deal with any found act of illegal operation of electric power businesses according to law;

(3)

Failing to timely deal with any found violation or exposure of violation; or

(4)

Seeking improper interests by taking advantage of his post.

In case a functionary of an electric power supervisory organ engaged in supervision holds a post concurrently in an electric power
enterprise or a trading institution for dispatching electric power, the electric power supervisory organ shall order him to make
corrections, confiscate his incomes from the concurrent job. If he refuses to make corrections, he shall be removed or dismissed.

Article 30

In the case of illegal operation of electric power businesses without a license, the electric power supervisory organ shall order
it to make corrections and confiscate its illegal gains and may impose on it a fine of less than five times of its illegal gains;
if a crime is constituted, it shall be prosecuted for criminal liabilities according to law.

Article 31

An electric power enterprise that violates the present Regulation and is found to be under any of the following circumstances shall
be ordered to make corrections by the electric power supervisory organ. If it refuses to do so, it shall be imposed on a fine of
more than 100,000 Yuan but less than 1,000,000 Yuan, and the principal and other directly responsible personnel shall be punished
according to law; where the circumstances are serious, its electric power business license may be revoked:

(1)

Failing to observe the operation rules on the electric power market;

(2)

Failing to abide by any of the rules and regulations when the power plants are incorporated into power grid or the power grids are
interconnected; or

(3)

Failing to fairly and non-discriminatorily open the electric power market to the subjects engaged in electric power transactions,
or failing to fairly open the power grid in accordance with the provisions.

Article 32

An electric power supply enterprise that fails to provide electric power supply services in accordance with the prescribed quality
and service standards of power supply shall be ordered to make corrections and given a warning. Where the circumstances are serious,
the principal and other directly responsible personnel shall be punished according to law.

Article 33

Where a trading institution for dispatching electric power violates the present Regulation by failing to organize transactions according
to the operation rules on the electric power market, it shall be ordered to make corrections by the electric power supervisory organ.
If it refuses to do so, it shall be imposed a fine of more than 100,000 Yuan but less than 1,000,000 Yuan, and the principal and
other directly responsible personnel shall be punished according to law.

A functionary of a trading institution for dispatching electric power who reveals any inside information on electric power transactions
shall be ordered to make corrections by the electric power supervisory organ and given a punishment according to law.

Article 34

Where any electric power enterprise or trading institution for dispatching electric power is found to be under any of the following
circumstances, it shall be ordered to make corrections. If it refuses to do so, it shall be imposed a fine of more than 50,000 Yuan
but less than 500,0000 Yuan, and the principal and directly responsible personnel shall be punished according to law. If a crime
is constituted, they shall be prosecuted for criminal liabilities according to law:

(1)

Refusing or obstructing the electric power supervisory organ or its functionaries from performing its or his duties;

(2)

Offering false documents and materials or intentionally concealing documents and materials with important facts; or

(3)

Failing to disclose relevant information in accordance with the regulations and rules of the State on electric power supervision.

Article 35

The confiscate illegal gains and fines as prescribe by the present Regulation shall be turned over to the state treasury in accordance
with the relevant state provisions.

Chapter VI Supplementary Provisions

Article 36

Electric power enterprises shall pay electric power supervision fees pursuant to the relevant rules as provided for by the administrative
departments of price and finance of the State Council.

Article 37

The present Regulation shall go into effect as of May 1, 2005.



 
the State Council
2005-02-15

 






CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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