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Ministry of Commerce Announcement No. 113, 2005, on 2006 Total Exporting Quota of Key Industrial Products [2005] No. 113 In accordance with related regulations in Commodity Import and Export Administrative Enactment of PRC, 2006 Total Exporting Quota
Ministry of Commerce December 30, 2005 ANNOUNCEMENT NO.111, 2005 OF THE MINISTRY OF COMMERCE OF THE PEOPLE’S REPUBLIC OF CHINA, RELEASING THE ISSUES OF ALLOCATION OF TARIFF-RATE QUOTAS FOR FERTILIZER IMPORT IN 2006
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MOFCOM, NDRC, SASAC, SEPA, CNTA, SAC Circular of MOFCOM, NDRC, SASAC, SEPA, CNTA, SAC of the People’s Republic of China, on Initiating the Program of Green Hotel Establishment Shang Gai Fa [2005] No. 655 The departments of commercial administration in all the provinces, autonomous regions, municipalities, separately listed cities, and In order to implement requirements of related documents, tasks concerning promoting resource conservation in accommodation industry Principles and Goals: The government shall enhance guidance, related responsible sectors and guilds shall jointly organize the activity, the public shall Guide the accommodation enterprises to develop establishment towards resource conservation and environment protection, set up management Key content: Vigorously publicize the necessity and significance of establishing the resource conservation and environment protection society and Guide the accommodation enterprises to conserve the resources. Guide the accommodation enterprises to protect environment. Guide the accommodation enterprises to use resource conservation and environment protection technology and products. Organize and implement national standards for Green Hotel. Bring the representation into play. Ministry of Commerce National Development and Reform Commission State-owned Assets Supervision and Administration Commission of the State Council State Environmental Protection Administration China National Tourism Administration Standardization Administration December 30, 2005 |
MOFCOM, NDRC, SASAC, SEPA, CNTA, SAC
2005-12-30
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Circular of the China Securities Regulatory Commission and the People’s Bank of China on Consulting and Freezing the Accounts Opened Zheng Jian Fa [2005] No. 132 With a view to strengthening supervision and control over the securities market and timely investigating and punishing the illegal 1. Where it is necessary for the CSRC and its dispatched institutions in exercising their functions according to law, to consult and 2. The investigators of the CSRC and its dispatched institutions may consult and copy the materials of the fund accounts and deposit 3. The investigators of the CSRC and its dispatched institutions may, according to law, freeze the funds and deposits of the parties 4. The investigators of the CSRC and its dispatched institutions shall, when consulting and freezing any fund account and deposit account, 5. This Circular shall be implemented as of January 1, 2006. And the Circular of the China Securities Regulatory Commission and the People’s Shanghai Headquarters, all branches, business management departments, principal (capital) city central sub-branches of the People’s Attachment 1. Circular of the China Securities Regulatory Commission on Consulting the Fund Accounts/Deposit Accounts (Format) (Omitted) Attachment 2. Circular of the China Securities Regulatory Commission on the Freezing or Defreezing (Format) (Omitted) |
The China Securities Regulatory Commission, the People’s Bank of China
2005-12-30
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the General Administration of Customs Order of the General Administration of Customs No. 142 The Decision of the General Administration of Customs on Amending the Provisions of the Customs of the People’s Republic of China Mu Xinsheng, the General Director of the General Administration of Customs December 30, 2005 Decision of the GAC on Amending the Provisions of the Customs of the PRC on Executing the Rules of Origin for Trade in Goods under With a view to promoting the closer economic partnership between the Mainland and Macao, the General Administration of Customs has 1. Article 6 of the Provisions shall be amended to be: Article 6 The term “substantial processing” as mentioned in Item (2) of Article 3 of the present Provisions shall be determined The term “manufacturing or processing procedure” refers to the major operation that endows the processed goods with basic characteristics. The term “change of tariff code” means that where any raw material whose origin is not Macao is processed and produced within Macao, The term “ad valorem percentage” refers to the ratio of the total value of the raw materials, components and labor obtained in Macao (Value of raw materials + value of components + value of labor + cost for the development of products) / FOB price of the export finished The term “product development” as mentioned in the above formula refers to the product development conducted within Macao for producing Calculation of the “ad valorem percentage” shall be in conformity with the universally acknowledged accounting standards and relevant The term “other criteria” refers to the other methods than the abovementioned criteria of “manufacturing and processing procedure”, The term “combined criteria” refers to that two or more of the above-mentioned criteria are used at the same time for determining The term “other additional conditions” refers to the conditions, like brand requirement, whose adoption is approved by both the authorities 2. Article 15 of the Provisions shall be amended to be: “The customs shall, according to the Customs Law of the People’s Republic of China and the Implementation Rules of the Customs of The present Decision shall come into force as of January 1st, 2006. The Provisions of the Customs of the People’s Republic of China on Executing the Rules of Origin for Trade in Goods under the Mainland/Macao Provisions of the Customs of the People’s Republic of China on Executing the Rules of Origin for Trade in Goods under the Mainland/Macao (Promulgated by Order No. 107 of the General Administration of Customs on December 30, 2003 and amended through the Decision of the Article 1 In order to promote the economic and trade activities between the mainland and Macao, and to correctly determine the origin of the Article 2 The present Provisions shall apply to the goods imported from Macao under the CEPA (see the Customs Import and Export Tariff of the Article 3 With respect to any goods directly imported from Macao under the CEPA, the origin thereof shall be determined according to the following (1) For any goods fully obtained in Macao, the origin thereof shall be Macao; and (2) For any goods not fully obtained in Macao, the origin thereof may be determined as Macao only if such goods have gone through substantial Article 4 The term “goods fully obtained in Macao” used in Item (1) of Article 3 hereof refers to: (a) mineral products exploited or extracted in Macao; (b) plants or their products harvested or collected in Macao; (c) live animals borne and bred in Macao; (d) Products obtained in Macao from the animals mentioned in Item 3) of this Article; (e) products obtained from hunting or fishing in Macao; (f) the aquatic and other marine products obtained from the high sea by ships with the license of Macao and hanging the regional flag (g) products obtained from processing of the products mention in Item 6) of this Article on the ships with the license of Macao and hanging (h) discarded and waste materials collected in Macao that are generated in the course of consumption in Macao and that are fit only for (i) waste and piecemeal materials that are generated in the course of processing and manufacturing in Macao and that are fit only for (j) products obtained from processing of the products as mentioned in Sub-items (a) through (i) of this Article. Article 5 The following processing or disposal, no matter whether they are finished separately or conjunctly, shall all be deemed as minor processing (1) processing or disposal conducted for the transport or storage of goods; (2) processing or disposal conducted for the convenience of the carriage of goods; and (3) processing or disposal, such as packing or display, etc., conducted for the sale of goods. Article 6 The term “substantial processing” as mentioned in Item (2) of Article 3 of these Provisions shall be determined by employing the The term “manufacturing or processing operation” refers to the major operation that endows the goods obtained after the processing The term “change of tariff code” means that where any material whose origin is not Macao are processed within Macao, the four-digit The term “ad valorem percentage” refers to the percentage that the total value of the raw materials, components, and labor obtained (Value of raw materials + value of components + value of labor + cost for product development) / FOB price of the export product 00% The term “product development” in the above formula refers to the product development carried out within Macao for producing or processing Calculation of the “ad valorem percentage” shall be in conformity with the universally acknowledged accounting standards and relevant The term “other criteria” refers to the methods other than the abovementioned criteria of “manufacturing and processing operation”, The term “combined criteria” refers to two or more of the above-mentioned criteria that are used at the same time in determining the The term “other additional conditions” refers to the additional conditions like brand requirement which both authorities of the Mainland Article 7 Simple dilution, mixing, packing, bottling, drying, assembling, classification or decoration shall not be regarded as substantial Any processing or pricing measure aiming to avoid the present Provisions shall not be regarded as substantial processing. Article 8 The producing areas of the energy, plants, equipment, machines, and tools used in the manufacturing of the goods, as well as the producing Article 9 The packages, package materials, and containers, as well as the attachments, spare parts, tools, and introductory materials, that Article 10 The goods imported under the CEPA shall be transported from Macao directly to the ports of the mainland. Where any import goods are transported from Macao to mainland via Hong Kong and where the following conditions are satisfied at the (1) simply due to geographic reasons or transport needs; (2) not being traded or consumed in Hong Kong; and (3) not going through any processing in Hong Kong other than such processing that is needed for loading and unloading and for keeping Article 11 In customs declaration of the goods imported under the CEPA, the consignee shall voluntarily declare to the customs office that zero For the import goods that are transported to a port of mainland via Hong Kong, the consignee shall, apart from meeting the provisions (1) the through bill of lading issued in Macao; (2) the invoice of the goods issued by the original producer; and (3) relevant certificates in conformity with the second paragraph of Article 10 hereof. Article 12 Where the certificate of origin is valid upon network check, the customs office shall handle the import formalities of those goods Where the customs office of the place where the goods are declared can not make the network check due to certain reasons, and the Article 13 Where the customs office of the place where the goods are declared has doubt over the validity of the contents of the certificate Article 14 The customs offices have the obligation to keep confidential of the materials provided by the consignee of the import goods for verification Article 15 The customs shall, in accordance with the Customs Law of the People’s Republic of China and the Implementation Rules of the Customs Article 16 The power to interpret the present Provisions shall remain with the GAC. Article 17 The present Provisions shall come into force on January 1, 2004. |
the General Administration of Customs
2005-12-30
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General Administration of Customs Order of the General Administration of Customs No. 143 The Measures Governing Modifying and Revoking the Import/Export Goods Declaration Forms of the Customs of the People’s Republic of Mou Xinsheng Director General December 30, 2005 The Measures Governing Modifying and Revoking the Import/Export Goods Declaration Forms of the Customs of the People’s Republic of Article 1 With a view to strengthening the management of modification and revocation of the declaration forms of import/export goods and regulating Article 2 The present Measures shall apply to the modification or revocation of import/export goods declaration forms upon applications by Article 3 After a customs office accepts a declaration of import/export goods, the electronic data and the paper import/export goods declaration Article 4 The customs offices directly under the General Administration of Customs shall be responsible for the management of the modification Article 5 Where any consignee or consignor of import/export goods or his agent really has any of the following justifiable reasons, he may apply (1) The content of the declaration form has any error due to the operation or clerical error by the customs clearance agent , and no (2) After the clearance of export goods, if part or all of original declared goods are shut out or the transport tool for part or all (3) The declaration data do not conform to the actual goods for the reasons such as the reduced quantity due to the excessive during the (4) The original declaration data is required to do the modification where the deal is bargained as a temporary price in advance according (5) There are errors in the electronic declaration data due to failure of the computer or network system, etc.; or (6) Other special circumstances upon examination and approval by the customs office. Article 6 The declaration form for any import/export goods which the customs office has decided to control and inspect or is involved in any Article 7 Where the consignor/consignee or his agent of any import/export goods applies for modifying or revoking the declaration form of import/export (1) The contract, invoice, packing list and other relevant documents that can prove the actual import/export information; (2) The documents issued by the foreign exchange administration, state taxation, inspection and quarantine departments, bank and other (3) The documents issued by the customs office such as: the customs special payment form for the taxable goods, the prove page of the Article 8 Where an application for modifying or revoking the declaration form of import/export goods is concurrently with the following circumstances, (1) The application is submitted after the import goods is discharged or after the customs formalities is completed for export goods; (2) The content to be modified or revoked concerns any of the items – the commodity code, commodity name and specifications, currency Article 9 For an application needed to examine for modifying or revoking declaration form of the import/export goods, the customs office shall (1) If the application materials are completed, the customs office shall issue to the consignee or consignor or his agent a Decision of (2) If the application materials existed any error and can be corrected on the spot, the customs office shall allow the consignee or (3) If the application materials are incomplete or are not in line with the statutory form, the customs office shall inform the consignee (4) If the applicant is not the consignee or consignor of the import/export goods or his agent, the customs office shall issue to the Article 10 If the customs office decides to accept an application for modifying or revoking the declaration form of import/export goods, it shall Article 11 If the customs decides, upon examination, to approve the modification or revocation, it shall issue to the consignee or consignor Article 12 If an application for modifying or revoking the declaration form of import/export goods is not under any of the circumstances listed If the customs office approves the modification or revocation, it shall timely finish the relative operation. If it disapproves, Article 13 If the customs office finds that it is necessary to modify or revoke a declaration form of import/exports goods, but no application The consignor/consignee of the import/export goods or his agent shall fill out a confirmation Letter of the Modifying or Revoking Article 14 If it is necessary to make alteration or renew the import/export licensing certificate due to the modification or revocation of Article 15 The modification or revocation of the entry/exit list for archival purposes shall implement the present Measures by analogy.. Article 16 If anyone violates the present Measures and constitute the action of smuggling or violating the customs regulatory provisions Article 17 The power to interpret the present Measures shall remain with the General Administration of Customs. Article 18 The present Measures shall come into force as of February 1, 2006. Annexes (Omitted) |
General Administration of Customs
2005-12-30
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Reply of the Supreme People’s Court to the Request for Instructions on the Force of Arbitration Clauses Min Si Ta Zi [2005] No. 50 The Higher People’s Court of Tianjin Municipality: Your Request for Instructions on the Invalidity of Arbitration Clauses in the Case Involving a Dispute over Sales Contract between In this case, an arbitration clause has been made in the Contract in both Chinese and English Versions entered and concluded between Since that there is no arbitral agreement between the Air and Masa (Tianjin), the relevant dispute therebetween shall be subject to Additionally, your court shall pay attention to the consistency between the Chinese name of the defendant and that as indicated in The Supreme People’s Court
December 30, 2005 Jin Gao Min Si Zhong Zi [2005] No. 171 The Supreme People’s Court: As for the case involving a dispute over sales contract between the Air Building Material (Tianjin) Co., Ltd. (hereinafter referred Two pieces of opinions are given as follows by the people’s court upon examination: The majority holds that there is no provision The minority holds that, the China/Tianjin Council for Promotion of Foreign International Trade as prescribed in the arbitration In accordance with the Notice of the Supreme People’s Court on the Relevant Issues concerning the Transacting of Foreign-related Arbitration |
the Supreme People’s Court
2005-12-30
