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ANNOUNCEMENT NO. 8, 2006 OF MINISTRY OF COMMERCE, ON TERMINATING ANTI-DUMPING MEASURES ON UNBLEACHED KRAFT LINER/LINERBOARD

Ministry of Commerce

Announcement No. 8, 2006 of Ministry of Commerce, on Terminating Anti-dumping Measures on Unbleached Kraft Liner/Linerboard

[2006] No. 8

On January 9, 2006, Ministry of Commerce released Written Reconsideration Decision to withdraw Announcement No. 60 of Ministry of
Commerce. Therefore, Customs Tariffs Committee of the State Council decided to withdraw the anti-dumping decision made to imported
Unbleached Kraft Liner/Linerboard originating from the U.S., Thailand, ROK and Taiwan region.

In accordance with decision of Customs Tariffs Committee of the State Council, anti-dumping duties on imported Unbleached Kraft Liner/Linerboard
originating from the U.S., Thailand, ROK and Taiwan region shall be terminated as of January 9, 2006.

Ministry of Commerce

February 13, 2006



 
Ministry of Commerce
2006-02-13

 






ACCOUNTING STANDARDS FOR ENTERPRISES NO. 14 – REVENUES

The Ministry of Finance

Accounting Standards for Enterprises No. 14 – Revenues

Cai Kuai [2006] No.3

February 15, 200

Chapter I General Provisions

Article 1

These standards are formulated in accordance the Accounting Standards for Enterprises – Basic Standards for the purpose of regulating
the recognition and measurement of the revenues, and the disclosure of the relevant information.

Article 2

The term “revenue” refers to the gross inflow of economic benefits formed during the course of the ordinary activities of an enterprise,
which may increase the owner’s equities and is irrelevant to the invested capital of the owner.

The revenues as mentioned in these Standards consist of those from selling goods, providing labor services, and abalienating the right
to use assets.

The collection charged by an enterprise for third parties shall be treated as debts rather than revenues.

Article 3

Other relevant accounting standards shall apply to the revenue formed by long-term equity investments, construction contracts, leases,
original insurance contracts, re-insurance contracts, etc..

Chapter II Revenue from Selling Goods

Article 4

No revenue from selling goods may be recognized unless the following conditions are met simultaneously:

(1)

The significant risks and rewards of ownership of the goods have been transferred to the buyer by the enterprise;

(2)

The enterprise retains neither continuous management right that usually keeps relation with the ownership nor effective control over
the sold goods;

(3)

The relevant amount of revenue can be measured in a reliable way;

(4)

The relevant economic benefits may flow into the enterprise; and

(5)

The relevant costs incurred or to be incurred can be measured in a reliable way.

Article 5

An enterprise shall ascertain the revenue incurred by selling goods in accordance with the received or receivable price stipulated
in the contract or agreement signed between the enterprise and the buyer, unless the received or receivable amount as stipulated
in the contract or agreement is unfair.

If the collection of the price as stipulated in the contract or agreement is delayed and if it has the financing nature, the revenue
incurred by selling goods shall be ascertained in accordance with the fair value of the receivable price as stipulated in the contract
or agreement.

The difference between the price stipulated in the contract or agreement and its fair value shall be amortized within the period of
the contract or agreement employing the real interest method and shall be included in the current profits and losses.

Article 6

If the sale of goods concerns any cash discount, the revenue incurred by selling goods shall be ascertained in accordance with the
amount prior to the deduction of the cash discount. The cash discount shall be included in the current profits and losses when it
is actually incurred.

The term “cash discount” refers to the amount of reduction of a debt offered by a creditor to a debtor for the purpose of encouraging
the debtor to make payment within a prescribed period.

Article 7

If any trade discount in selling goods is concerned, the revenue incurred by selling goods shall be ascertained in accordance with
the amount after the deduction of the trade discount.

The term “trade discount” refers to a discount on the listed price granted by an enterprise for the purpose of sales promotion of
goods.

Article 8

As to any sales discounts and allowance arising from any sold goods and of which the revenue from the sale has been recognized by
the enterprise, the current revenue incurred by selling goods shall be offset against.

The Accounting Standards for Enterprises No. 29 – Events Occurring after the Balance Sheet Date, shall apply to the sales discounts
and allowances that belong to the scope of the events occurring after the date of the balance sheet.

The term “sales discounts and allowance” refers to the amount of reduction in the sales price as a result of the unqualified quality
of the goods to be sold by an enterprise, or for other reasons.

Article 9

As to any sales return arising from any sold goods and of which the revenue from the sale has been recognized by the enterprise, the
current revenue incurred by selling goods shall be offset against.

The Accounting Standards for Enterprises No. 29 – Events Occurring after the Balance Sheet Date, shall apply to the sales returns
that belong to the scope of events occurring after the date of the balance sheet.

The term “sales return” refers to the return of goods sold by an enterprise as a result of the unqualified quality of the goods or
inconformity with the required variety, or for other reasons.

Chapter III Revenue from Providing Labor Services

Article 10

If an enterprise can, on the date of the balance sheet, reliably estimate the outcome of a transaction concerning the labor services
it provides, it shall recognize the revenue from providing services employing the percentage-of-completion method.

The term “percentage-of-completion method” refers to a method to recognize the revenues and expenses in the light of the stage of
completion under a transaction concerning the providing of labor services.

Article 11

The outcome of a transaction concerning the providing of labor services can be measured in a reliable way, means that the following
conditions shall be met simultaneously:

(1)

The amount of revenue can be measured in a reliable way;

(2)

The relevant economic benefits are likely to flow into the enterprise;

(3)

The schedule of completion under the transaction can be confirmed in a reliable way; and

(4)

The costs incurred or to be incurred in the transaction can be measured in a reliable way.

Article 12

An enterprise may adopt the following methods to ascertain the schedule of completion under the transaction concerning the providing
of labor services:

(1)

The measurement of the work completed;

(2)

The proportion of the labor services provided against the total labor services to be provided; and

(3)

The proportion of the costs incurred against the estimated total costs.

Article 13

An enterprise shall ascertain the total revenue from the providing of labor services in accordance with the received or to-be-received
price of the party that receives the labor services as stipulated in the contract or agreement, unless the received or to-be-received
price as stipulated in the contract or agreement is unfair.

An enterprise shall, on the date of the balance sheet, ascertain the current revenue from providing labor services in accordance with
the amount of multiplying the total amount of revenues from providing labor services by the schedule of completion then deducting
the accumulative revenues from the providing of labor services that have been recognized in the previous accounting periods. At the
same time, the enterprise shall carry forward the current cost of labor services in accordance with the sum of multiplying the total
amount of revenues arising from the providing of labor services by the schedule of completion and then deducting the accumulative
revenues from the providing of labor services.

Article 14

If an enterprise can not, on the date of the balance sheet, measure the result of a transaction concerning the providing of labor
services in a reliable way, it shall be conducted in accordance with the following circumstances, respectively:

(1)

If the cost of labor services incurred is expected to be compensated, the revenue from the providing of labor services shall be recognized
in accordance with the amount of the cost of labor services incurred, and the cost of labor services shall be carried forward at
the same amount; or

(2)

If the cost of labor services incurred is not expected to compensate, the cost incurred should be included in the current profits
and losses, and no revenue from the providing of labor services may be recognized.

Article 15

Where a contract or agreement signed between enterprises concerns selling goods and providing of labor services, if the part of sale
of goods and the part of providing labor services can be distinguished from each other and can be measured respectively, the part
of sale of goods shall be conducted as selling goods and the part of providing labor services shall be conducted as providing labor
services.

If the part of selling goods and the part of providing labor services can not be distinguished from each other, or if the part of
sale of goods and the part of providing labor services can be distinguished from each other but can not be measured respectively,
both parts shall be conducted as selling goods.

Chapter IV Revenue from Abalienating the Right to Use Assets

Article 16

The revenue from abalienating of right to use assets consists of interest revenue and royalty revenue.

Article 17

No revenue from abalienating of right to use assets may be recognized unless the following conditions are met simultaneously:

(1)

The relevant economic benefits are likely to flow into the enterprise; and

(2)

The amount of revenues can be measured in a reliable way.

Article 18

An enterprise shall ascertain the amount of revenues from the abalienating of right to use assets based on the following circumstances,
respectively:

(1)

The amount of interest revenue should be measured and confirmed in accordance with the length of time for which the enterprise’s cash
is used by others and the actual interest rate; or

(2)

The amount of royalty revenue should be measured and confirmed in accordance with the period and method of charging as stipulated
in the relevant contract or agreement.

Chapter V Disclosure

Article 19

An enterprise shall, in its notes, disclose the information concerning the revenue as follows:

(1)

The accounting policies adopted for the recognition of revenues, consisting of the methods for the ascertainment of the schedule of
completion under the transaction concerning the providing of labor services;

(2)

The amount of revenues from selling goods, providing labor services, interest and royalty recognized in the current period.



 
The Ministry of Finance
2006-02-15

 






PENALTIES FOR ADMINISTRATION OF PUBLIC SECURITY LAW

Law of the People’s Republic of China on Penalties for Administration of Public Security










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

No. 38 

The Law of the People’s Republic of China on Penalties for Administration of Public Security, adopted at the 17th Meeting of the
Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on August 28, 2005, is hereby promulgated
and shall go into effect as of March 1, 2006. 

Hu Jintao 

President of the People’s Republic of China 

August 28, 2005 

 

(Adopted at the 17th Meeting of the Standing Committee of the Tenth National People’s Congress on August 28, 2005) 

Contents 

Chapter I　General Provisions 

Chapter II　Types of Penalties and Their Application 

Chapter III　Acts Against the Administration of Public Security and Penalties 

Section 1　Acts Disturbing Public Order and Penalties 

Section 2　Acts Impairing Public Security and Penalties 

Section 3　Acts Infringing upon Rights of the Person and of Property and Penalties 

Section 4　Acts Impeding Social Administration and Penalties 

Chapter IV　Procedure of Penalties 

Section 1　Investigation 

Section 2　Decision 

Section 3　Execution 

Chapter V　Law Enforcement Supervision 

Chapter VI　Supplementary Provisions 

Chapter I　General Provisions 

Article 1　This Law is formulated in order to maintain the order of public security, safeguard public safety, protect the lawful
rights and interests of citizens, legal persons and other organizations, and regularize and guarantee performance of the duties for
administration of public security by public security organs and people’s police according to law. 

Article 2　A person who disturbs public order, endangers public safety, infringes on the rights of person and property or hampers
social administration, which is harmful to the society and which, according to the provisions of the Criminal Law of the People’s
Republic of China, constitutes a crime, shall be investigated for criminal responsibility according to law; and if such an act is
not serious enough for criminal punishment, the public security organ shall impose on him a penalty for administration of public
security according to this Law. 

Article 3　The provisions of this Law are applicable to the procedure of penalties for administration of public security; and to
cases for which no such provisions are stipulated in this Law, the relevant provisions of the Law of the People’s Republic of China
on Administrative Penalty shall be applicable. 

Article 4　This Law shall be applicable to acts committed against the administration of public security within the territory of
the People’s Republic of China, except where specially provided for by other laws. 

This Law shall be applicable to acts against the administration of public security committed aboard ships or aircrafts of the People’s
Republic of China, except where specially provided for by other laws. 

Article 5　A penalty for administration of public security shall be based on facts and fit the nature and circumstances of the act
committed against the administration of public security and the extent of harm done to the society. 

Penalties for administration of public security shall be imposed openly and impartially, human rights shall be respected and safeguarded,
and the dignity of citizens shall be protected. 

The principle of combining education with penalty shall be upheld in dealing with cases of public security. 

Article 6　People’s governments at various levels shall make comprehensive improvement of public security and take effective measures
to dissolve social contradictions, enhance social harmony and maintain social stability. 

Article 7　The department of public security under the State Council shall be responsible for administration of public security
throughout the country. The public security organs of the local people’s governments at or above the county level shall be responsible
for administration of public security within their respective administrative areas. 

Jurisdiction over the cases of public security shall be determined by the department of public security under the State Council. 

Article 8　Where an act against the administration of public security causes harm to another person, the person committing such
act or his guardian shall bear civil liability according to law. 

Article 9　In respect of acts against the administration of public security, such as brawling and damaging or destroying another
person’s property, which are caused by civil disputes, if the circumstances are relatively minor, the public security organ may
dispose of them through mediation. Where the parties concerned reach an agreement through mediation by the public security organ,
no penalties shall be imposed. Where no agreement is reached through mediation or the agreement, although reached, is not executed,
the public security organ shall, in accordance with the provisions of this Law, impose penalties upon the persons committing the
acts against the administration of public security and notify the parties concerned that they may, according to law, bring a civil
action before a people’s court in respect of the civil disputes. 

Chapter II　Types of Penalties and Their Application 

Article 10　Penalties for acts against the administration of public security are divided into the following types: 

(1) warning; 

(2) fine; 

(3) administrative detention; and 

(4) revocation of licenses issued by public security organs. 

To a foreigner who acts against the administration of public security, leaving the country within a time limit or deportation attached
to a penalty may be applicable. 

Article 11　Contraband seized in dealing with cases of public security such as drugs and pornographic objects, gambling devices,
money for gambling, devices used for ingesting or injecting drugs, and the instruments owned and directly used by the persons in
their acts against the administration of public security shall be taken over, and shall be disposed of according to relevant regulations. 

The money and things of value obtained through acts against the administration of public security shall be recovered and returned
to the victim; and where there is no victim involved, they shall be registered and sold by auction or disposed of according to the
relevant regulations of the State, and all the proceeds therefrom shall be handed over to the State Treasury. 

Article 12　If a person who has attained to the age of 14 but not to the age of 18 commits an act against the administration of
public security, he shall be given a relatively light or mitigated penalty; and if a person who has not attained to the age of 14
commits such an act, he shall not be penalized, but his guardian shall be instructed to subject him to strict discipline. 

Article 13　Where a mentally disordered person commits an act against the administration of public security at the time when he
is unable to recognize or control his own conduct, he shall not be penalized, but his guardian shall be instructed to keep a strict
guard on him and to subject him to medical treatment. Where an intermittently insane person commits an act against the administration
of public security while in normal mental condition, he shall be penalized. 

Article 14　Where a blind or deaf-mute person commits an act against the administration of public security, he may be give a relatively
light or mitigated penalty, or shall not be penalized. 

Article 15　Where an intoxicated person commits an act against the administration of public security, he shall be penalized. 

Where an intoxicated person in a drunken state may cause danger to himself or threatens another person’s personal safety or property
or public safety, protective measures shall be taken to restrain him until he sobers up. 

Article 16　Where a person commits two or more acts against the administration of public security, decisions shall be made separately
but executed concurrently. Where penalties of administrative detention are concurrently executed, the maximum term of such detention
shall not exceed 20 days. 

Article 17　Where an act is committed jointly against the administration of public security, the persons committing such act shall
be penalized separately, depending on the role played by each of them in the act. 

Where a person instigates or coerces another person to act against the administration of public security, or lures the person into
such act, he shall be penalized according to the seriousness of the act committed as a result of his instigation, coercion or luring. 

Article 18　Where a unit commits an act against the administration of public security, the persons directly in charge and the other
persons directly responsible shall be penalized in accordance with the provisions of this Law. Where other laws or administrative
regulations provide that penalty shall be imposed on a unit for the same act, the unit shall be penalized in accordance with the
provisions there. 

Article 19　The penalty to be imposed on a person who commits an act against the administration of public security shall be mitigated,
or no penalty shall be imposed on him, under one of the following circumstances: 

(1) The adverse effects are extremely minor; 

(2) The person takes the initiative to remove or lessen the adverse effects, and gains the victim’s forgiveness; 

(3) The act is committed under the coercion or luring by another person; 

(4) The person surrenders himself to the police and truthfully states his illegal act to the public security organ; or 

(5) The person has performed meritorious service. 

Article 20　Under one of the following circumstances, a heavier penalty shall be imposed on a person who commits an act against
the administration of public security: 

(1) The adverse effects relatively serious; 

(2) The person instigates or coerces another person to commit an act against the administration of public security, or lures the
person into such act; 

(3) The person retaliates against the reporter, accuser, informant or witness; or 

(4) The person has been subjected to penalty for his act against the administration of public security within the past six months. 

Article 21　Under one of the following circumstances, the penalty of administrative detention shall not be executed against the
person who has committed an act against the administration of public security, although such a penalty should be imposed on him/
her according to the provisions of this Law: 

(1) The person has attained to the age of 14 but not to the age of 16; 

(2) The person has attained to the age of 16 but not to the age of 18, and such act is committed for the first time; 

(3) The person is over 70 years old; or 

(4) The person is pregnant or breast-feeds her own baby who is not one year old. 

Article 22　Where an act committed against the administration of public security is not discovered by the public security organ
within six months, the person committing such act shall no longer be penalized. 

The period of time specified in the preceding paragraph shall be counted from the date the act is committed against the administration
of public security; and if such act is continual or continuing, the period of time shall be counted from the date the act ends. 

Chapter III　Acts Against the Administration of Public Security and Penalties 

Section 1　Acts Disturbing Public Order and Penalties 

Article 23　A person who commits one of the following acts shall be given a warning or be fined not more than RMB 200 yuan; and
if the circumstances are relatively serious, he shall be detained for not less than 5 days but not more than 10 days and may, in
addition, be fined not more than 500 yuan: 

(1) disturbing the order of government departments, public organizations, enterprises or institutions, thus making it impossible
for work, production, business operation, medical care, teaching or scientific research to go on normally but not having caused serious
losses; 

(2) disturbing the public order at stations, ports, wharves, airports, department stores, parks, exhibition halls or other public
places; 

(3) disturbing the public order on board of buses, trolleybuses, trains, ships, aircrafts and other means of public transportation; 

(4) illegally intercepting or forcibly boarding or holding on to motor vehicles, ships, aircrafts and other means of public transportation,
thus hampering the normal operation of the means of public transportation; or 

(5) disrupting the order of elections conducted according to law. 

Where the acts mentioned in the preceding paragraphs are committed by a crowd, the ringleader shall be detained for not less than
10 days but not more than 15 days and may, in addition, be fined not more than 1,000 yuan. 

Article 24　A person who commits one of the following acts, thus disturbing the order of such large-scale activities of a mass character
as cultural and sports activities, shall be given a warning or be fined not more than 200 yuan; and if the circumstances are serious,
he shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than 500 yuan: 

(1) forcibly entering the arena; 

(2) setting off fireworks, firecrackers or other articles in the arena in violation of regulations; 

(3) displaying such articles as humiliating slogans and streamers; 

(4) joining with other persons in attacking a referee, player or any other worker; 

(5) throwing odds and ends into the arena and turning a deaf ear to the order to stop; or 

(6) other acts disturbing the order of large-scale mass activities. 

A person on whom the penalty of detention is imposed because he disturbs the order of a sports competition may, at the same time,
be ordered not to enter a stadium or gymnasium to watch a competition of the same sport within 12 months; if he enters a stadium
or gymnasium in violation of the order, he shall be forcibly brought out of the spot. 

Article 25　A person who commits one of the following acts shall be detained for not less than 5 days but not more than 10 days
and may, in addition, be fined not more than 500 yuan; and if the circumstances are relatively minor, he shall be detained for not
more than 5 days or be fined not more than 500 yuan: 

(1) intentionally disturbing public order by spreading rumors, making false reports of dangerous situations and epidemic situations
or raising false alarms or by other means; 

(2) disturbing public order by putting in fake hazardous substances such as explosive, toxic, radioactive and corrosive substances
or pathogens of infectious diseases; or 

(3) disturbing public order by threatening to set fire, set off explosions, or put in hazardous substances. 

Article 26　A person who commits one of the following acts shall be detained for not less than 5 days but not more than 10 days
and may, in addition, be fined not more than 500 yuan; and if the circumstances are relatively serious, he shall be detained for
not less 10 than days but not more than 15 days and may, in addition, be fined not more than 1,000 yuan: 

(1) gang-fighting; 

(2) chasing or intercepting another person; 

(3) forcibly taking and obstinately seizing, or willfully damaging and occupying public or private property; or 

(4) other provocative acts. 

Article 27　A person who commits one of the following acts shall be detained for not less than 10 days but not more than 15 days
and may, in addition, be fined not more than 1,000 yuan; and if the circumstances are relatively minor, he shall be detained for
not less than 5 days but not more than 10 days and may, in addition, be fined not more than 500 yuan: 

(1) organizing, instigating, coercing, inducing or inciting another person to engage in activities of cults, superstitious sects,
or secret societies, or making use of cults, superstitious sects, secret societies, or superstitious activities to disturb social
order and harm the health of another people; or 

(2) disturbing social order and harming the health of another person by masquerading under the name of religion or qigong. 

Article 28　A person who, in violation of State regulations, intentionally interferes with the normal operation of the radio business,
or brings about harmful interference with the normal operation of radio stations and refuses to take effective measures to eliminate
such interference after the competent department points out the fact, shall be detained for not less than 5 days but not more than
10 days; and if the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days. 

Article 29　A person who commits one of the following acts shall be detained for not more than five days; and if the circumstances
are relatively serious, he shall be detained for not less than 5 days but not more than 10 days: 

(1) in violation of State regulations, invading a computer information system, which causes harm to the system; 

(2) in violation of State regulations, deleting, changing, increasing or interfering with the functions of a computer information
system, which makes it impossible for the system to operate normally; 

(3) in violation of State regulations, deleting, changing or increasing the stored, processed or transmitted data and the application
program of a computer information system; or 

(4) intentionally making up or transmitting such destructive programs as computer virus, which adversely affects the normal operation
of a computer information system. 

Section 2　Acts Impairing Public Security and Penalties 

Article 30　A person who, in violation of State regulations, manufactures, buys, sells, stores, transports, mails, carries, uses,
provides or disposes of hazardous substances such as explosive, toxic, radioactive and corrosive substances or pathogens of infectious
diseases shall be detained for not less than 10 days but not more than 15 days; and if the circumstances are relatively minor, he
shall be detained for not less than 5 days but not more than 10 days. 

Article 31　A person who fails to report, as required by relevant regulations, when such hazardous substances as explosive, toxic,
radioactive and corrosive substances or pathogens of infectious diseases are stolen, robbed or lost shall be detained for not more
than five days; and if he intentionally conceals the fact, he shall be detained for not less than 5 days but not more than 10 days. 

Article 32 A person who illegally carries such implements under control according to State regulations as firearms and ammunition,
or crossbows and daggers shall be detained for not more that five days and may, in addition, be fined not more than 500 yuan; and
if the circumstances are relatively minor, he shall be given a warning or be fined not more than 200 yuan. 

A person who illegally carries such implements under control according to State regulations as firearms and ammunition, or crossbows
and daggers to a public place or aboard a public transportation means shall be detained for not less than 5 days but not more than
10 days and may, in addition, be fined not more than 500 yuan. 

Article 33　A person who commits one of the following acts shall be detained for not less than 10 days but not more than 15 days: 

(1) stealing or destroying oil or gas pipe-line installations, electric power and telecommunications facilities, radio and TV facilities,
and water-conservancy and flood-control engineering facilities, or such public utilities as ones for hydrological monitoring, hydrographic
survey, meteorological monitoring and weather forecast, environmental monitoring, geological monitoring and seismologic monitoring; 

(2) moving to another place or destroying boundary tablets and markers of the national border and other boundary markers and installations,
or marking installations of territorial land and waters; or 

(3) conducting illegal activities affecting the alignment of the national border (frontier) line, or constructing installations which
hampers national border (frontier) administration. 

Article 34　A person who steals, damages or moves to another place without permission aviation facilities in use, or forcibly enters
the control cabin of an aircraft shall be detained for not less than 10 days but not more than 15 days. 

A person who uses implements or tools aboard an aircraft in use, which may impair the normal function of the navigation system, and
turns a deaf ear to dissuasions shall be detained for not more than 5 days or be fined not more than 500 yuan. 

Article 35　A person who commits one of the following acts shall be detained for not less than five days but not more than 10 days
and may, in addition, be fined not more than 500 yuan; and if the circumstances are relatively minor, he shall be detained for not
more than 5 days or be fined not more than 500 yuan: 

(1) stealing, destroying or moving to another place without permission railway facilities, equipment, rolling stock appendages or
safety markers; 

(2) placing obstacles on railway lines, or intentionally throwing things to trains; 

(3) digging holes or quarrying and taking sand along railway lines, on bridges or in culverts; or 

(4) privately setting up road junctions or level crossings on railway lines. 

Article 36　A person who enters railway shelter networks without permission or walks, sits or lies down on railway lines, or rushes
across railway lines when a train is approaching, which endangers traffic safety, shall be given a warning or be fined not more than
200 yuan. 

Article 37　A person who commits one of the following acts shall be detained for not more than five days or be fined not more than
500 yuan; and if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days and may,
in addition, be fined not more than 500 yuan: 

(1) installing or using electrified wire-nettings without permission, or installing or using them at variance with the regulations
on safety; 

(2) failing to place covers, fences or warning signs for ditches, wells, ridges and holes when engaging in construction at places
where vehicles and pedestrians pass, or intentionally destroying or moving to another place the covers, fences or warning signs;
or 

(3) stealing or destroying such public utilities as well covers on road surfaces and lighting facilities. 

Article 38　Where an accident endangering safety may occur during such large-scale mass activities as cultural and sports activities
held in violation of relevant regulations, such activities shall be ordered to stop, and the participants shall be immediately evacuated;
the organizer shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than
200 yuan but not more than 500 yuan; and if the circumstances are relatively minor, he shall be detained for not more than five days
or be fined not more than 500 yuan. 

Article 39　Where the manager of a hotel, restaurant, cinema, theater, entertainment center, sports ground, exhibition hall or other
places for public activities violates regulations on safety, so that an accident endangering safety may occur at such a place, and
refuses to rectify after a public security organ orders him to do so, he shall be detained for not more than five days. 

Section 3　Acts Infringing upon Rights of the Person and of Property and Penalties 

Article 40　If a person commits one of the following acts, he shall be detained for not less than 10 days but not more than 15 days
and shall, in addition, be fined not less than 500 yuan but not more than 1,000 yuan; and if the circumstances are relatively minor,
he shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than 200 yuan but
not more than 500 yuan: 

(1) organizing or coercing persons who have not attained to the age of 16 or who are disabled to give terrifying or inhumane performances,
or luring such persons into giving such performances; 

(2) forcing another person to work by means of violence or threat or other means; or 

(3) illegally restricting another person’s freedom of the person, illegally breaking into another person’s house or illegally
making a body search of another person. 

Article 41　A person who coerces another person to go begging, lures such person into begging or uses the person in begging shall
be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than 1,000 yuan. 

A person who continually pesters or forcibly begs from another person or begs by other irritating means shall be detained for not
more than five days or be given a warning. 

Article 42　A person who commits one of the following acts shall be detained for not more than five days or be fined not more than
500 yuan; and if the circumstances are relatively serious, he shall be detained for not less than 5 days but not more than 10 days
and may, in addition, be fined not more than 500 yuan: 

(1) writing letters of intimidation or threatening the personal safety of another person by other means; 

(2) openly humiliating another person or slandering another person by fabricating stories; 

(3) framing-up another person by fabricating stories in an attempt to make the person subject to criminal investigation or to penalty
for administration of public security; 

(4) threatening, humiliating or beating up a witness or his close relative or retaliating against either of them; 

(5) repeatedly dispatching pornographic, humiliating, intimidating or other information to disturb the normal life of another person;
or 

(6) peeping, secretly taking photos, eavesdropping, or spreading the privacy of another person. 

Article 43　A person who beats up another person, or intentionally hurts the body of another person shall be detained for not less
than 5 days but not more than 10 days and shall, in addition, be fined not less than 200 yuan but not more than 500 yuan; and if
the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than 500 yuan. 

A person who commits one of the following acts shall be detained for not less than 10 days but not more than 15 days and shall, in
addition, be fined not less than 500 yuan but not more than 1,000 yuan: 

(1) gang-fighting and hurting another person; 

(2) beating up and hurting a disabled person, pregnant woman, or a person who has not attained to the age of 14 or who is over 60
years old; or 

(3) beating up and hurting another person for more than two times, or beating up and hurting more than two persons once. 

Article 44　A person who molests another person or intentionally exposes his/her body in a public place, if the circumstances are
abominable, shall be detained for not less than 5 days but not more than 10 days; if a person molests a mentally disabled person,
or a person suffering mental disorder, or a person who has not attained to the age of 14, or commits such act with other serious
circumstances, he shall be detained for not less than 10 days but not more than 15 days. 

Article 45　A person who commits one of the following acts shall be detained for not more than five days or be given a warning: 

(1) maltreating a family member, who demands handling of the matter; or 

(2) abandoning a supported person who can not look after himself. 

Article 46　A person who forcibly buys or sells commodities, forces another person to provide services or to accept services shall
be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than 200 yuan but not more
than 500 yuan; and if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more
than 500 yuan. 

Article 47　A person who incites national hatred or national discrimination, or publishes contents about national discrimination
or humiliation in publications or computer information networks shall be detained for not less than 10 days but not more than 15
days and may, in addition, be fined not more than 1,000 yuan. 

Article 48　A person who claims under false pretences, hides, destroys, discards, stealthily opens or illegally examines the mail
of another person shall be detained for not more than five days or be fined not more than 500 yuan. 

Article 49　A person who steals, defrauds, forcibly seizes, openly robs, racketeers or intentionally destroys public or private
property shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than 500 yuan;
and if the circumstances are relatively serious, he shall be detained for not less than 10 days but not more than 15 days and may,
in addition, be fined not more than 1,000 yuan. 

Section 4　Acts Impeding Social Administration and Penalties 

Article 50　A person who commits one of the following acts shall be given a warning or be fined not more than 200 yuan; and if the
circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined
not more than 500 yuan: 

(1) refusing to carry out the decision or order issued according to law by the people’s government in a state of emergency; 

(2) obstructing the staff member of a government department from performing his duties according to law; 

(3) obstructing the passage of such vehicles as fire engines, ambulances, engineering emergency trucks and patrol wagons on emergency
duties; or 

(4) forcibly breaking through a warning belt or area set up by a public security organ. 

A person who obstructs the people’s police from performing their duties according to law shall be given a heavier penalty. 

Article 51　A person who pretends to be a staff member of a government department or uses another false identity to practice fraud
shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than 500 yuan; and

LETTER OF CHINA BANKING REGULATORY COMMISSION CONCERNING APPROVING DBS BANK (HONG KONG) LIMITED TO ESTABLISH SUZHOU BRANCH

Letter of China Banking Regulatory Commission concerning Approving DBS Bank (Hong Kong) Limited to Establish Suzhou Branch

DBS Bank (Hong Kong) Limited,

The letter which was signed by Wang Xipei, the person-in-charge of the preparatory establishment team of Suzhou Branch, and the related
documents concerning the establishment of Suzhou Branch have been received.

Your bank is hereby approved to establish Suzhou Branch whose name is DBS Bank (Hong Kong) Limited Suzhou Branch and whose address
is Rooms 1b, 2, 3, 5 of the 7th floor of International Tower, No. 2 of Suhua Lu, Suzhou Industrial Park, Suzhou City 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). Ang Mob Chuan is approved to have the qualifications as the
president of this Branch. The working capital of this Branch is in convertible currencies which is equivalent to 200 million Yuan.
According to Article 32 of the Detailed Rules, this Branch may trade in the foreign exchange business to various clients under the
following the scope: pooling public deposits, granting short term, medium-term and long-term loans, transacting 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, buying and selling foreign currencies 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 upon the approval of China Banking Regulatory Commission.

Before going into the business by Suzhou Branch, your bank shall go through the related formalities according to this Regulation and
the Detailed Rules.

China Banking Regulatory Commission

March 13, 2006

 
China Banking Regulatory Commission
2006-03-13

 



SUPPLEMENTARY CIRCULAR OF THE MINISTRY OF FINANCE ON PRINTING AND DISTRIBUTING THE MEASURES FOR THE PAYMENT OF FEES FOR TAX-FREE COMMODITY FRANCHISES

the Ministry of Finance

Supplementary Circular of the Ministry of Finance on Printing and Distributing the Measures for the Payment of Fees for Tax-free Commodity
Franchises

Cai Qi [2006] No. 70

To the Ministry of Foreign Affairs, the General Administration of Civil Aviation, the Ministry of Communications, the Ministry of
Railways, China International Travel Service Head Office, China National Service Corporation for Chinese Personnel Working Abroad,
China Travel Service (Group) Corporation, Shenzhen State-owned Duty Free (Group) Limited Corporation, Zhuhai Duty Free (Group) Limited
Corporation, Beijing Capital International Airport and the tax-free stores thereof, Shanghai Pudong International Airport and the
tax-free stores thereof, China Ocean Shipping Company Group and other entities engaged in the business of tax-free commodities, the
financial supervision commissioners’ offices of the Ministry of Finance of all provinces, autonomous regions, municipalities directly
under the Central Government and cities under separate state planning,

After the Notice of the Ministry of Finance on Printing and Distributing the Measures for the Payment of Fees for Tax-free Commodity
Franchises (Cai Qi [2004] No. 241, hereinafter referred to as the Measures) was promulgated, the provisions on the payment to the
treasury have been altered. We hereby circulate a supplementary notice on the collection and payment of fees for tax-free commodity
franchises as follows:

I.

The provisions of in the former Measures – “An enterprise which undertakes the business of tax-free commodities shall pay to the State
a franchise fee of 1% of its annual sales incomes (volumes) as generated from its business operations of tax-free commodities” –
shall be revised as “An enterprise which undertakes the business of tax-free commodities shall pay to the State a franchise fee of
1% of its annual sales incomes as generated from its business operations of tax-free commodities”.

II.

The fees for tax-free commodity franchises shall be paid to and collected by the financial supervision commissioners’ office of the
Ministry of Finance dispatched at the locality of the enterprise. The enterprise that engages in the business of tax-free commodities
shall submit annual report to the local financial supervision commissioners’ office.

III.

As the Notice of the Ministry of Finance on the Relevant Issues about the Income Collection Management System of Financial Supervision
Commissioners’ Offices (No. 365 [2005] of the Ministry of Finance) and the relevant provisions prescribe, the fees for tax-free commodity
franchises shall be directly paid to the treasury, and the financial supervision commissioners’ offices in all regions shall issue
the Common Forms for the Payment of Non-tax Incomes, and directly turn over the fees paid by the payers to the special payment account
of the central treasury. The budgetary item of the fees for tax-free commodity franchises shall be the “Item 7140 of other incomes”.

It is hereby notified.

Ministry of Finance

March 20, 2006

 
the Ministry of Finance
2006-03-20

 



ADMINISTRATIVE MEASURES FOR THE EXAMINATION AND APPROVAL OF PERMANENT REPRESENTATIVE OFFICES OF FOREIGN AIR TRANSPORT ENTERPRISES

General Administration of Civil Aviation of China

Order of the General Administration of Civil Aviation of China

No.165

The Administrative Measures for the Examination and Approval of Permanent Representative Offices of Foreign Air Transport Enterprises,
adopted at the executive meeting of the General Administration of Civil Aviation of China on March 31, 2006, are hereby promulgated,
and shall go into effect as of May 3, 2006.

Director General, Yang Yuanyuan

April 3, 2006

Administrative Measures for the Examination and Approval of Permanent Representative Offices of Foreign Air Transport Enterprises

Chapter I General Provisions

Article 1

In order to regulate the administration of permanent representative offices of foreign air transport enterprises (hereinafter referred
to as representative offices) and their staff members, these Administrative Measures are formulated in accordance with the Interim
Provisions of the State Council on the Administration of Permanent Representative Offices of Foreign Enterprises.

Article 2

The “representative offices” as mentioned in these Administrative Measures refers to the agencies that are set up upon approval by
foreign air transport enterprises within the territory of China and engage in the business operations.

The “chief representatives” as mentioned in these Administrative Measures refers to the principal responsible persons of the agencies;
and the “representatives” as mentioned in these Administrative Measures refers to other main staff members of the agencies.

Article 3

To apply for setting up a representative office within the territory of the People’s Republic of China, a foreign air transport enterprise
shall be approved by the General Administration of Civil Aviation of the People’s Republic of China (hereinafter referred to as the
CAAC), and go through the registration formalities at the State Administration for Industry and Commerce of the People’s Republic
of China or the authorized administrative bureau for industry and commerce of each province, autonomous region, municipality directly
under the Central Government or city under separate state planning (hereinafter referred to as the registration organ).

Article 4

A foreign air transport enterprise may not set up a representative office within the territory of the People’s Republic of China without
approval and registration, nor may it carry out any business operation concerning air transport.

Article 5

The representative offices and their staff members shall comply with the laws, regulations and rules for civil aviation of the People’s
Republic of China, and shall not damage the security of the People’s Republic of China or the social and public interests. The lawful
rights and interests of the representative offices and their staff members shall be under the protection of the laws of China.

Article 6

The CAAC shall, in accordance with the laws of the People’s Republic of China and the authorization of the State Council, implement
the administrative functions for the representative offices under its own jurisdiction.

Chapter II Establishment, Extension, Alteration and Termination of Representative Offices

Article 7

For the purpose of setting up a representative office, a foreign air transport enterprise shall comply with the basic conditions as
follows:

(1)

In accordance with the air transport treaty or the relative agreement signed between the government of the country where the foreign
air transport enterprise is located and the government of the People’s Republic of China, the foreign air transport enterprise has
obtained the designated qualification for providing air transport services between two countries;

The setting up of any representative office by a foreign air transport enterprise that has not obtained the designated qualification
for providing air transport services between two countries shall be specially approved by the CAAC; and

(2)

The foreign air transport enterprise shall go through the approval formalities in accordance with these Administrative Measures.

Article 8

For the purpose of setting up a representative office, a foreign air transport enterprise shall hand in the application materials
to the CAAC in accordance with different situations:

(1)

For the purpose of setting up a representative office, a designated foreign air transport enterprise shall hand in the application
materials as follows to the CAAC:

1.

A photocopy of the business license or any other approval document issued by the CAAC;

2.

An application form signed by the legal representative of the foreign air transport enterprise, which shall indicate: the purposes
of setting up the representative office, the name of the representative office, the persons to be assigned to the representative
office (chief representative and representatives), range of business, business address, and the contact information, etc.;

3.

Letter of attorney issued by the legal representative of the foreign air transport enterprise for entrusting the chief representative
and representatives of the representative office, and the photocopies of the valid travel certificates of the chief representative
and representatives; and

4.

Registration Forms for the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate filled by the
chief representative and representatives.

(2)

For the purpose of setting up a representative office, a non-designated foreign air transport enterprise shall hand in the application
materials as follows to the CAAC:

1.

A photocopy of the relative agreement signed between the authorities of the country where the foreign air transport enterprise is
located or the foreign air transport enterprise and the CAAC;

2.

An application form signed by the legal representative of the foreign air transport enterprise, consisting of: the brief information
about the enterprise, the purposes for setting up the representative office, the name of the representative office, the persons to
be assigned to the representative office (chief representative and representatives), range of business, business address, and the
contact information, etc.;

3.

The certificate (duplicate) on lawful business initiation issued by the authorities of the country where the foreign air transport
enterprise is located;

4.

Letter of attorney issued by the legal representative of the foreign air transport enterprise for entrusting the chief representative
and representatives of the representative office, and the photocopies of the valid travel certificates of the chief representative
and representatives; and

5.

Registration Forms for the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate filled by the
chief representative and representatives.

Article 9

The CAAC shall conduct the applications put forward by the applicants in accordance with the conditions as follows:

(1)

If there is any error in the application materials that can be corrected on the spot, the CAAC shall allow the applicant to make corrections
on the spot;

(2)

If the application materials are incomplete or inconsistent with statutory forms, all the contents that need to be corrected once
and for all shall be informed of the applicants by the CAAC within 5 days, . If the CAAC fails to do so within the aforesaid time
limit, it shall be considered to have accepted the application materials as of the day when it receives them; and

(3)

The CAAC shall accept the application, in case the application materials are complete and consistent with statutory forms, or all
the corrected application materials have been handed in by the applicant as required.

Article 10

The CAAC shall, within 20 days as of the date of acceptance, make a decision to approve or disapprove the setting up of a representative
office. If it fails to make a decision within 20 days, the time limit may be extended to another 10 days upon approval of its principal,
and it shall inform the applicant of the reasons for the extension .

If the CAAC makes a decision on approval of the setting up of the representative office, it shall issue an approval certificate to
the applicant within 10 days as of the day when the decision is made; if it makes a decision on disapproval of the setting up of
the representative office, it shall inform the applicant of this and make an explanation on the reasons for the disapproval.

Article 11

After an application of a foreign air transport enterprise for setting up a representative office is approved, this representative
office shall go through the registration formalities at the registration organ in accordance with the relative provisions. If it
fails to do so within the aforesaid time limit, the approval certificate shall be invalidated automatically.

Article 12

The valid time limit of the approval document on the representative office of a designated foreign air transport enterprise shall
accord with that of the business license issued by the CAAC. The valid time limit of the representative office of a non-designated
foreign air transport enterprise shall generally be 3 years calculated as of the day when the CAAC issues the approval certificate.
If the valid time limit expires and needs to be extended, the foreign air transport enterprise shall, 45 days in advance, submit
an application to the examination and approval organ, and go through the formalities for the extension.

Article 13

For the purpose of applying for an extension, a representative office shall submit the application materials in accordance with different
situations as follows:

(1)

A designated foreign air transport enterprise shall hand in the materials as follows:

1.

A photocopy of the valid business license or any other approval document issued by the CAAC;

2.

An application form for extension signed by the legal representative of the enterprise; and

3.

The photocopies of the approval certificate and the registration certificate of the permanent representative office of the enterprise.

(2)

A non-designated foreign air transport enterprise shall submit the following materials:

1.

A photocopy of the relative agreement signed between the authorities of the country where the foreign air transport enterprise is
located or the foreign air transport enterprise and the CAAC;

2.

An application form for extension signed by the legal representative of the enterprise; and

3.

A photocopy of the approval document and the registration certificate of the permanent representative office of the enterprise.

Article 14

The valid extension time limit of an approval document on the representative office of a designated foreign air transport enterprise
shall accord with that of the business license issued by the CAAC. The valid extension time limit of an approval document for the
representative office of a non-designated foreign air transport enterprise shall generally be 3 years. After an application for extension
handed in by a representative office is approved, the CAAC shall issue a certificate on approval of the extension, and the representative
office shall go through the registration formalities for the extension in accordance with the relative provisions.

Article 15

If a foreign air transport enterprise applies for changing the name of its representative office, replacing or adding the chief representative
or representatives, altering the business range or business address of its representative office, it shall hand in an application
form signed by the legal representative of the enterprise and the relative materials about the matter to be altered to the CAAC.

An application form for changing the business address within the same city may be signed by the chief representative of the representative
office.

Article 16

After an application for alteration is approved, the CAAC shall issue a certificate on approval of the alteration, and the representative
office shall go through the registration formalities in accordance with the relative provisions.

Article 17

If a representative office does not hand in an application for extension after the expiration of the term of dispatch, its original
approval certificate shall be cancelled by the CAAC.

If a foreign air transport enterprise cancels a representative office before the expiration of the valid time limit, the legal representative
of this air transport enterprise shall sign a notification on cancellation of the representative office 30 days before the termination,
and a photocopy of the original approval document shall be handed in to the CAAC for an archive.

Article 18

The name of a representative office shall be ascertained in the pattern of “country + name of the enterprise + name of the city +
representative office”.

Article 19

An application form for establishing, extending, altering or canceling a representative office or a letter of attorney for the chief
representative or any representative shall be written in Chinese; and if it is written in any other language, an enclosure of Chinese
translation thereof shall be followed. If any other application material is written in the language other than Chinese, an enclosure
of Chinese translation thereof shall be followed. For the legal force of the relative documents or materials, the Chinese version
thereof shall prevail

Chapter III Administration of Chief Representatives and Representatives

Article 20

A chief representative or representative of a representative office shall have the qualifications as follows:

(1)

A foreign citizen with a valid passport (excluding foreign students in China);

(2)

A Chinese citizen who is qualified for long-term residence abroad;

(3)

A citizen from Hong Kong, Macao or Taiwan holding a valid certificate; and

(4)

In case a foreign air transport enterprise employs a Chinese citizen to be the chief representative or representative of its representative
office (excluding the Chinese citizens mentioned in Paragraph 2 of this Article), it shall go through the approval formalities in
accordance with the relative laws and regulations of the People’s Republic of China.

Article 21

A foreign chief representative or representative of a representative office shall, after entering into the territory of China, acquire
an employment permit on the basis of the strength of his/her occupation visa and other relative certificates; if he/she has no occupation
visa, he shall acquire an occupation visa and an employment permit on the basis of the strength of a Registration Certificate for
the Permanent Representative Offices of Foreign Air Transport Enterprises and a Work Certificate for the Permanent Representative
Offices of Foreign Air Transport Enterprises. If the country where the foreign air transport enterprise is located has reached an
agreement on mutual exemption of visas with China, he/she shall go through the formalities in accordance with the agreement.

Article 22

For the purpose of applying for changing the chief representative of a representative office, the foreign air transport enterprise
shall hand in the materials as follows to the CAAC:

(1)

An application form signed by the legal representative of the foreign air transport enterprise;

(2)

A letter of attorney signed by the legal representative of the foreign air transport enterprise;

(3)

A Registration Form for the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate filled by the
person who is to be appointed; and

(4)

A photocopy of the valid travel certificate of the person who is to be appointed.

For the purpose of applying for changing a representative, the representative office of a foreign air transport enterprise shall hand
in the materials as follows to the CAAC:

(1)

An application form signed by the chief representative of the representative office of the foreign air transport enterprise;

(2)

A letter of attorney signed by the legal representative of the foreign air transport enterprise;

(3)

A Registration Form on the Staff Members of Representative Offices of Foreign Air Transport Enterprises in duplicate filled by the
person who is to be appointed; and

(4)

A photocopy of the valid travel certificate of the person who is to be appointed.

Chapter IV Supervision and Administration of Representative Offices

Article 23

In accordance with the Interim Provisions on the Administration of Permanent Representative Offices of Foreign Enterprises, these
Administrative Measures and other relative laws and regulations, the CAAC shall administer, supervise and inspect the business operations
of the representative offices of foreign air transport enterprises jointly with the relevant departments.

Article 24

A foreign air transport enterprise shall undertake the legal liabilities for all the business operations that are implemented by its
representative offices within the territory of the People’s Republic of China.

Article 25

If a representative office violates the laws or regulations of the People’s Republic of China or these Administrative Measures, the
CAAC shall impose administrative punishment on it under its jurisdiction and in accordance with the severity of the circumstances.

Chapter V Supplementary Provisions

Article 26

These Administrative Measures by analogy shall apply to the applications of foreign air transport enterprises for assigning permanent
representatives to the People’s Republic of China .

The applications of foreign air transport services security enterprises for setting up representative offices within or assigning
permanent representatives to the People’s Republic of China shall be governed by these Administrative Measures by analogy.

Article 27

The time limits prescribed in these Administrative Measures shall be calculated with the working days, excluding official holidays.

Article 28

These Administrative Measures shall go into effect 30 days after the date of promulgation. The Circular on Implementing the Interim
Provisions on the Administration of Permanent Representative Offices of Foreign Enterprises (Min Hang Ji [80] No. 399) prevailed
on December 4, 1980 shall be abolished at the same time.



 
General Administration of Civil Aviation of China
2006-04-03

 






ANNOUNCEMENT NO. 31, 2006 OF MINISTRY OF COMMERCE, ON ADJUSTING THE SCOPE FOR HANDCRAFTS EXPORTED TO EU LISTED IN ANNOUNCEMENT NO. 49, 2005 OF MINISTRY OF COMMERCE

Ministry of Commerce

Announcement No. 31, 2006 of Ministry of Commerce, on Adjusting the Scope for Handcrafts Exported to EU Listed in Announcement No.
49, 2005 of Ministry of Commerce

[2006] No. 31

In accordance with regulations on implementing Memorandum of Understanding and reaching relative administrative arrangements, the
Scope for Handcrafts Exported to EU Listed in Announcement No. 49, 2005 of Ministry of Commerce is now adjusted as follows:

1.

Category 5 and Category 26 shall be added to Article 1 of Appendix 1 of Announcement No. 49, 2005 of Ministry of Commerce; one-piece
dress Knit or crocheted by hand shall be added to Appendix 2.

2.

Other issues shall still be in line with Announcement No. 49, 2005 of Ministry of Commerce.

This Announcement shall be implemented as from the date of promulgation.

Ministry of Commerce

April 28, 2006



 
Ministry of Commerce
2006-04-28

 






NOTICE OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ABOUT ADJUSTING THE SCOPE OF TAX REFUND POLICY ON DOMESTICALLY-MADE FACILITIES PURCHASED BY FOREIGN FUNDED PROJECTS

Ministry of Finance, State Administration of Taxation

Notice of the Ministry of Finance and the State Administration of Taxation about Adjusting the Scope of Tax Refund Policy on Domestically-made
Facilities Purchased by Foreign Funded Projects

Cai Shui [2006] No.61

The public finance departments or bureaus, the bureaus of state taxes of all provinces, autonomous regions, municipalities directly
under the Central Government, and cities specifically designated in the state plan, and the finance bureau of the Xinjiang Production
and Construction Corps:

The Changes have been taken place on correlative policies since the tax refund policy has been implemented on the domestic-made facilities
purchased by foreign funded projects. In order to carry out the tax refund policy on the domestic-made facilities purchased by foreign
funded projects better, specific adjusting scope of tax refund policy on domestically-made facilities purchased by foreign funded
projects shall be as follows:

1.

The scope of enterprise to enjoy the tax refund of domestically-made facility shall refer to the foreign funded enterprise that is
recognized as a general taxpayer of value added tax, the foreign funded enterprise that is recognized as a general taxpayer of non
value added tax engaged in the traffic transportation and the development of common dwelling house, and the Chinese-foreign contractual
joint venture engaged in prospecting, developing and producing of sea oil. The foreign funded enterprise shall include the Chinese-foreign
equity joint venture, Chinese-foreign contractual joint venture and solely foreign funded enterprise. When the foreign funded enterprise
purchase the domestically-made facility for self use as the name of its sub-company (factory), the tax refund shall be applied by
this sub-company (factory) to the competent organ that is responsible for handling the tax refund where the branch is located. For
the Chinese-foreign cooperative project of oil-gas field to co-explore the resource of sea oil, the tax refund shall be applied by
operator of oil-gas field of cooperation, operation institute or sub-company of operation. With regard to the foreign funded enterprise
that shall expand the deduct scope of value added tax according to the provision, the tax refund policy of value added tax shall
not be implemented when it purchases the domestically-made facilities within the total amount of investment.

2.

The encouraged class which falls within the Guidance Catalogue for Foreign Investment Industry and the foreign investment project
(hereinafter referred to as encouraged foreign investment project) which falls within the Catalogue of Priority Industries for Foreign
Investment in the Central-Western Region (above mentioned two Catalogues are hereinafter referred to as Encouraged Foreign Investment
Catalogue) shall enjoy the tax refund policy of value added tax for the purchased facility domestically made. When adjusting the
encouraged foreign investment catalogue, the project to enjoy the tax refund policy for purchasing the domestically-made facility
shall conform to the projects in the encouraged foreign investment catalogue implemented when approving the projects.

The tax refund policy shall not be applied, where the enterprises engaged in the Encouraged Foreign Investment Project purchase domestically-made
facilities within China that falls within the Catalogue of Imported Commodities Not Exempted from Taxes for Foreign-funded Projects
(hereinafter referred to the Catalogue of Commodities not Exempted from Taxes). When adjusting the Catalogue of Commodities not Exempted
from Taxes by state, the facility, whether or not it falls within the scope of Catalogue of Commodities not Exempted from Taxes,
shall be judged by the Catalogue of Commodities not Exempted from Taxes that was implementing when issuing the special invoice of
value added tax for purchasing domestically-made facility.

For the engineering project in the Encouraged Foreign Investment project, if it is constructed by other enterprise entrusted by the
foreign funded enterprise through the way of contract for construction and materials, the foreign funded enterprise may conclude
an entrusting agreement with the entrusted enterprise to purchase the domestically-made facility, the special invoice of value added
tax gotten by the entrusted enterprise for purchasing the domestically-made facility shall be given to the foreign funded enterprise
for applying the tax refund according to the provisions.

3.

The domestically-made facility mentioned in present Notice shall refer to the facility produced inside the territory of People’s Republic
of China, purchased by the encouraged foreign investment project and managed as the fixed assets, including the auxiliary parts,
spare parts and etc. purchased together with the facility according to the purchase contract.

4.

If any previous provision conflicts with the present Notice, the present Notice shall prevail

Ministry of Finance

State Administration of Taxation

May 10, 2006



 
Ministry of Finance, State Administration of Taxation
2006-05-10

 






ANNOUNCEMENT NO.33, 2006 OF MINISTRY OF COMMERCE ON PRELIMINARY ARBITRATION ON IMPORTED POLYURETHANE (SPANDEX OR ELASTANE)

Ministry of Commerce

Announcement No.33, 2006 of Ministry of Commerce on Preliminary Arbitration on Imported Polyurethane (Spandex or Elastane)

[2006] No. 33

Ministry of Commerce issued an announcement on April 13, 2005 to start an anti-dumping investigation on the imported Polyurethane
(Spandex or Elastane) originating from Japan, Singapore, ROK, Taiwan Region and the U.S. (hereinafter referred to as the investigated
products).

In accordance with Article 24 of Anti-dumping Regulations of People’s Republic of China, Ministry of Commerce made the preliminary
arbitration that dumping of the investigated products had taken place, which had caused material injury to mainland China’s industry
and there was a casual relationship between the dumping and the injury.

The Polyurethane (Spandex or Elastane) is listed under No. 54024920, 54026920 in Import and Export Tariffs of General Administration
of Customs of PRC.

In accordance with Article 28 and 29 of Anti-dumping Regulations of People’s Republic of China, Ministry of Commerce decided to take
anti-dumping measures by deposit in security as from May 24, 2006.

Deposit in security rates are as follows:

1.

Companies of Japan:

OPELONTEX Co., Ltd. 13.87%

All Others 61.00%

2.

Companies of Singapore

INVISTA (Singapore) Fibres Pte. Ltd. 11.50%

All Others 61.00%

3.

Companies of ROK

Hyosung Corporation 0%

TongKook Corporation 0%

Taekwang Industrial Co.,Ltd. 0%

All Others 61.00%

4.

Companies of Taiwan Region.

FORMOSA ASAHI SPANDEX CO., LTD 5.09%

All Others 61.00%

5.

Companies of the U.S. 61.00%

The relevant interested parities could apply written comments, with related evidence, to Ministry of Commerce for consideration within
20 days as of the date this announcement is issued.

Appendix (omitted): Ministry of Commerce Preliminary Arbitration on Anti-dumping Investigation on Imported Polyurethane (Spandex or
Elastane) Originating from Japan, Singapore, ROK, Taiwan Region and the U.S.

Ministry of Commerce

May 24, 2006



 
Ministry of Commerce
2006-05-24

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON ADJUSTING THE ADMINISTRATION ON SYNTHETIC POSITIONS IN THE SETTLEMENT AND SALE OF FOREIGN EXCHANGE OF BANKS

Circular of the State Administration of Foreign Exchange on Adjusting the Administration on Synthetic Positions in the Settlement
and Sale of Foreign Exchange of Banks

Hui Fa [2006] No. 26

The branches and foreign exchange management departments under the State Administration of Foreign Exchange (SAFE) in all provinces,
autonomous regions, and municipalities directly under the Central Government, the branches in the cities of Shenzhen, Dalian, Qingdao,
Xiamen and Ningbo; all the policy banks, state-owned commercial banks, and joint stock commercial banks,

For the purpose of meeting the demand for the development of foreign exchange market, promoting designated foreign exchange banks
to perfect exchange rate risk prevention mechanism, the SAFE determines to adjust the policies for the administration of synthetic
positions in the settlement and sale of foreign exchange of designated foreign exchange banks, and hereby makes the following notice
concerning the relevant issues:

I.

From July 1, 2006, SAFE shall manage the synthetic positions in the settlement and sale of foreign exchange of designated foreign
exchange banks (hereinafter referred to as the banks) on the accrual basis.

II.

The principle of position administration on the accrual basis as mentioned in this Circular shall mean that a bank provides the business
of settlement and sale of foreign exchange to its clients, business of settlement and sale of foreign exchange of its own, and the
inter-bank foreign exchange market transactions reckoned into the synthetic positions in the settlement and sale at the day when
the transaction is concluded.

The principle of position administration on cash-basis accounting shall mean that a bank provides the business of settlement and sale
of foreign exchange to its clients, business of settlement and sale of foreign exchange of its own, and the inter-bank foreign exchange
market transaction reckoned into the synthetic positions in settlement and sale at the day when the capital is actually received
and paid.

III.

After the implementation of the principle of position administration on the accrual basis, in light of the actual situations of the
business of settlement and sale of foreign exchange of the bank itself and the inter-bank foreign exchange market transactions, and
according to the requirements of the statements in the Form of Daily Report on Synthetic Positions in the Settlement and Sale of
Foreign Exchange (See Annex II), a bank shall accurately calculate the synthetic positions of the settlement and sale of foreign
exchange of the bank itself, and submit the new Form of Daily Report on Synthetic Positions in the Settlement and Sale of Foreign
Exchange (See Annex I) to the SAFE or its branch administrations. The Form of Daily Report on Synthetic Positions in Settlement and
Sale of Foreign Exchange is annexed to the Notice of the State Administration of Foreign Exchange on Adjusting the Measures for the
Administration of Positions in the Settlement and Sale of Foreign Exchange of Banks (Hui Fa [2005] No.69, hereinafter referred to
as Hui Fa No.69) shall be abolished.

IV.

A bank shall submit the Form of Daily Report on Synthetic Positions in the Settlement and Sale of Foreign Exchange to SAFE and its
branch administrations according to the following requirements:

1.

The Form of Daily Report on Synthetic Positions in the Settlement and Sale of Foreign Exchange of the policy banks, national commercial
banks, and the market makers of the inter-bank foreign exchange market shall be reported to SAFE respectively by fax and email before
10 o’clock in the morning of the second work day (The electronic documents shall be made in the form of EXCEL). Fax: 010￿￿68402303;Email:
yinhangchu@mail.safe.gov.cn.

2.

The specific time and ways for submission of the Form of Daily Report on Synthetic Positions in the Settlement and Sale of Foreign
Exchange by urban commercial banks, rural commercial banks, rural cooperative financial institutions, and foreign-funded banks shall
follow the requirements of the branches of the SAFE at their localities.

V.

Adjustment shall be made on the Form of Information on Synthetic Positions in the Settlement and Sale of Foreign Exchange of Designated
Foreign Exchange Banks, which is submitted to the SAFE by each branch of SAFE (including foreign exchange management department,
the same hereinafter). Each branch of SAFE shall fill in the form and make a report according to the new design of the statements
(See Annex III) from the day when this Circular is implemented, and the ways and time for submission shall remain unchanged.

VI.

The limit of synthetic positions in the settlement and sale of foreign exchange of a bank, which is verified by SAFE or its branches
before the implementation of this Circular, shall continue to be effective. All banks shall do a good job for the administration
of the limit of synthetic positions in the settlement and sale of foreign exchange of their own banks according to the provisions
of the Document No.69 of SAFE. Except for the relevant matters subject to the adjustment of administration on synthetic positions
in the settlement and sale of foreign exchange, for other matters the Document No.69 of SAFE and the Notice of the Comprehensive
Department of State Administration of Foreign Exchange on Relevant Matters concerning Verification of the Limit of Synthetic Positions
in the Settlement and Sale of Foreign Exchange of Banks (Hui Zong Fa [2005] No.118) shall continue to be followed.

VII.

After receiving this Circular, each branch of SAFE shall forward it at once to the urban commercial banks, rural commercial banks,
rural cooperative financial institutions, and foreign-funded banks within its own jurisdiction.

If any problem is encountered in the implementation, please contact with the Department of International Balance of SAFE.

Contact Telephone: 010-68402385, 68402447.￿￿

Annex I: (_____Bank) the Form of Daily Report on Synthetic Positions in the Settlement and Sale of Foreign Exchange (omitted)

Annex II: the Explanation of the Form of Daily Report on Synthetic Positions in the Settlement and Sale of Foreign Exchange (omitted)

Annex III: the Form of Information on Synthetic Positions in the Settlement and Sale of Foreign Exchange of Designated Foreign Exchange
Banks (omitted)

State Administration of Foreign Exchange

June 2, 2006



 
State Administration of Foreign Exchange
2006-06-02

 






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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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