ACCOUNTING STANDARDS FOR ENTERPRISES NO. 19 – FOREIGN CURRENCY TRANSLATION

the Ministry of Finance

Accounting Standards for Enterprises No. 19 – Foreign Currency Translation

Cai Kuai [2006] No. 3

February 15, 2006

Chapter I General Provisions

Article 1

With a view to regulating the accounting treatment for the foreign currency transactions, conversion of foreign currency financial
statements and disclosure of relevant information, the present Standards are formulated according to the Accounting Standards for
Enterprises – Basic Standards.

Article 2

The “foreign currency transaction” refers to transactions which are valuated and settled in foreign currency. The “foreign currency”
refers to a currency other than the functional currency of an enterprise. The foreign currency transactions include:

(1)

the purchase or sale of goods or services valuated in foreign currency;

(2)

foreign currency funds that are borrowed or lent; and

(3)

other transactions which are valuated or settled in foreign currency.

Article 3

The following items shall be subjected to other relevant accounting standards:

(1)

The balance of exchange arising from foreign currency borrowings for the purchase and construction or production of qualified assets
shall be subject to the Accounting Standards for Business Enterprises No. 17 – Borrowing Costs;

(2)

The hedge of foreign currency items shall be subject to the Accounting Standards for Enterprise No. 24 – Hedging; and

(3)

The translation of foreign currency in the cash flow statement shall be subject to the Accounting Standards for Business Enterprises
No. 31- Cash Flow Statement.

Chapter II Determination of Functional Currency

Article 4

The “functional currency” refers to the currency of the primary economic environment in which the enterprise is operated.

An enterprise shall, in general, choose RMB as its functional currency. For an enterprise of which the incomes and expenses are mainly
valuated in the currency other than RMB, it may choose a currency as its functional currency according to Article 5 of the present
Standards. However, the financial statements shall be translated into the ones RMB.

Article 5

When an enterprise chooses a functional currency, it shall take account of the following factors:

(1)

This currency mainly affects the selling prices of goods and services, and generally the goods and services are valuated and settled
in this currency;

(2)

This currency mainly affects the labor, materials and other costs for the goods and services, and generally the goods and services
are valuated and settled in this currency; and

(3)

The currency acquired in financing activities as well as the currency utilized to preserve the money charged in the business operation.

Article 6

When an enterprise chooses the functional currency for its overseas business, it shall taking account of the following factors as
well:

(1)

Whether or not the overseas businesses are quite independent from the activities in which it is engaged;

(2)

Whether or not the transactions with the enterprise in overseas business operations account for a relatively large proportion in oversea
business operations;

(3)

Whether or not the cash flow incurred in overseas business operations directly affect the cash flow of the enterprise, and whether
or not the cash may be remitted back at any time;

(4)

Whether or not the cash flow incurred in overseas business operations is sufficient to settle its current liabilities and predictable
liabilities.

Article 7

The “overseas business operation” refers to the enterprise’ overseas subsidiary companies, joint ventures, associated enterprises
and branches.

Where the domestic subsidiary company, joint enterprise, associated enterprise or branch of an enterprise adopts a functional currency
which is difference from that of the enterprise, it shall be deemed as overseas business.

Article 8

Once the functional currency of an enterprise is determined, it shall not be modified at will, unless the main economic environment
in which the enterprise is operated has greatly changed.

Where it is really necessary to modify the functional currency because the primary economic environment in which the enterprise is
operated has greatly changed, the enterprise shall translate all items into the post-change functional currency at the spot exchange
rate of the current date of the change.

Chapter III Accounting Treatment for Foreign Currency Transactions

Article 9

As for a foreign currency transaction, the enterprise shall translate the amount in a foreign currency into amount in its functional
currency.

Article 10

At the time of initial recognition of a foreign currency transaction, the amount in the foreign currency shall be translated into
the amount in the functional currency at the spot exchange rate of the transaction date, or at an exchange rate which is determined
through a systematic and reasonable method and is approximate to the spot exchange rate of the transaction date.

Article 11

An enterprise shall, on the balance sheet date, treat the foreign currency monetary items and foreign currency non-monetary items
in accordance with the following provisions:

(1)

The foreign currency monetary items shall be translated at the spot exchange rate on the balance sheet date. The balance of exchange
arising from the difference between the spot exchange rate on the balance sheet date and the spot exchange rate at the time of initial
recognition or prior to the balance sheet date shall be recorded into the profits and losses at the current period.

(2)

The foreign currency non-monetary items measured at the historical cost shall still be translated at the spot exchange rate on the
transaction date, of which the amount of functional currency shall not be changed.

The “monetary item” shall refer to the money held by an enterprise and the assets and liabilities to be received or paid in fixed
or determinable amounts of money.

The “non-monetary item” shall refer to the items other than the monetary ones.

Chapter IV Translation of Foreign Currency Financial Statements

Article 12

When translating the financial statements on the overseas businesses, an enterprise shall comply with the following provisions:

(1)

The asset and liability items in the balance sheets shall be translated at a spot exchange rate on the balance sheet date. Among the
owner’s equity items, except the ones as “undistributed profits”, others shall be translated at the spot exchange rate at the time
when they are incurred.

(2)

The income and expense items in the profit statements shall be translated at the spot exchange rate of the transaction date, or at
a spot exchange rate which is determined through a systematic and reasonable method and is approximate to the spot exchange rate
of the transaction date.

The balance arisen from the translation of foreign currency financial statements in compliance with the aforesaid Items (1) and (2)
shall be presented separately under the owner’s equity item of the balance sheets.

The translation of comparable financial statements shall be subject to the aforesaid provisions.

Article 13

An enterprise shall translate the financial statements of overseas business as situated in a hyperinflationary economy in accordance
with the following provisions:

It shall restate the balance sheet items by adopting the general price index, restate the items of the profit statement by adopting
the changes of the general price index, and then translate them at the spot exchange rate on the recent balance sheet date.

If an overseas business is no longer situated in the hyperinflationary economy, it shall stop the restatement, and shall translate
the restated financial statements at the price of the cessation date.

Article 14

When disposing an overseas business, an enterprise shall shift the balance, which is presented under the items of the owner’s equities
in the balance sheet and arises from the translation of foreign currency financial statements related to this oversea business, into
the disposal profits and losses of the current period. If the overseas business is disposed of partially, the enterprise shall calculate
the balance arising from the translation of foreign currency statements of the part of disposal based on the disposal rate and shall
shift them into the profits and losses of the current period.

Article 15

Where an enterprise does not choose RMB as its functional currency, it shall translate its financial statements into RMB financial
statements according to Article 12 of the present Standard.

Chapter V Disclosure

Article 16

An enterprise shall, in its notes, disclose the following information related to the translation of foreign currencies:

(1)

The functional currency chosen by an enterprise and its overseas businesses and the reasons for such choice; if the functional currency
is changed, the grounds for the change shall be given;

(2)

If an approximate exchange rate is adopted, the method for the determination of the approximate exchange rate shall be given;

(3)

The balance of exchange which shall be recorded into the profits and losses of the current period; and

(4)

The effects of disposal of any overseas business on the balance arising from the translation of foreign currency financial statements.

the Ministry of Finance
2006-02-15

NOTICE OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON SOME ISSUES CONCERNING LAND VALUE-ADDED TAXES

Notice of the Ministry of Finance and the State Administration of Taxation on Some Issues concerning Land Value-added Taxes

Cai Shui [2006] No. 21
March 2, 2006

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

In pursuance of the spirit as embodied in the Interim Regulations of the People’s Republic of China on Land Value-added Taxes (hereinafter
referred to as the Regulations) and the detailed rules for the implementation thereof as well as relevant provisions, we hereby clarify
the relevant issues concerning land value-added taxes as follows:

As for issues concerning the tax collection and exemption in the sale of residential houses of ordinary standard as built by taxpayers
as well as in the transfer of ordinary residential houses by individual residents

The “residential houses of ordinary standard” as mentioned in Article 8 of the Regulations and the “ordinary residential houses”
as mentioned in Article 3 of the Notice of the Ministry of Finance and the State Administration of Taxation on Adjusting the Tax
Policies for the Real Estate Market (Cai Shui Zi [1999] No. 210) shall be recognized all according to the standards for the “small
or medium-sized ordinary residential houses at moderate and low prices” as formulated and publicized to the general public by the
people’s governments of each province, autonomous region or municipality directly under the Central Government in accordance with
the Notice of the General Office of the State Council transmitting the Opinions on Doing a Good Job in Stabilizing the Real Estate
Price of the Ministry of Construction and Other Departments (Guo Ban Fa [2005] No. 26). Where any taxpayer builds ordinary residential
houses as well as other commercial houses, the amount of land added values shall be verified respectively.

As for ordinary standard residential houses, for which, before the day when this document is publicized, an application for tax exemption
has been filed to the tax authority at the locality of the real estate and has been given the treatment of exemption from land value-added
taxes upon examination in accordance with the standards for ordinary standard residential houses as determined by the people’s governments
of a province, autonomous region or municipality directly under the Central Government, adjustment shall be retroactively made to
the exempted land value-added taxes.

II.

As for Issues concerning the Calculation under the Item of Deduction in the Transfer of Old Houses

Where any taxpayer transfers any old house or building, if he fails to obtain the assessed price but is able to provide the house
purchase invoice, the amount under the item of deduction as provided for in items (1) and (3) of Article 6 of the Regulations may,
upon the recognition of the local tax authority, be calculated in light of an increased interest rate of 5% on an annual basis of
the amount held on it for a term spanning from the year of purchase to the year of transfer. As for the deed tax by a taxpayer when
purchasing a house, if the relevant deed tax payment certificate can be presented, it may be deducted as “tax relating to the transfer
of real estate” and shall not be included into the base corresponding to the interest rate of 5%.

As to the transfer of any old house or building, in the case of no relevant assessed price or house purchase invoice, the local tax
authority may conduct tax collection upon verification in accordance with the provisions of Article 35 of the Law of the People’s
Republic of China on Tax Collection and Administration (hereinafter referred to as the Tax Collection and Administration Law).

III.

As for issues concerning the advance collection of land value-added taxes as well as the settlement thereof

All regions shall further improve the measures on the advance collection of land value-added taxes, and decide the advance collection
rate in a scientific and reasonable manner and adjust it at a proper time in light of the value addition level of the real estate
as well as the market development condition within the respective regions and on the basis of the different house categories such
as ordinary houses, non-ordinary houses and commercial houses. After a project is completed, the relevant settlement shall be made
in a timely manner, with any overpayment refunded or any underpayment supplemented.

In case any tax fails to be paid in advance during the advance collection term, the late fees shall be collected additionally as of
the day next to the expiration of the prescribed advance collection term in accordance with the relevant provisions of the Tax Collection
and Administration Law as well as the detailed rules for its implementation.

As for any real estate project that has been finished and has gone through the check and acceptance, where the building area of the
real estate as transferred makes up 85% or more of the salable building area, the tax authority may require the relevant taxpayer
to conduct settlement of land value-added taxes on the transferred real estate in light of the matching principles regarding the
proportion between the income as generated from the transfer of real estate and the amount under the item of deduction. The specific
settlement methods shall be provided for by the local tax authority of a province, autonomous region, municipality directly under
the Central Government and city specifically designed in the state plan.

IV.

As for issues concerning the tax collection and exemption for the real estate as transferred by a taxpayer himself due to the relocation
as required for the implementation of urban planning and state construction

In Paragraph 4 of Article 11 of the Detailed Rules for Implementing the Interim Regulations of the People’s Republic of China on
Land Value-added Taxes, it prescribes that the relocation due to “the implementation of urban planning” refers to the relocation
since that the reconstruction of an old city or enterprise pollution or disturbing the residents (producing so excessive waste gases,
waste water, waste residues and noises, that the life of urban residents is affected to a certain degree) and thus the government
or the relevant administrative departments of the government decides and thereafter carries out the relocation in light of the urban
planning that has been examined and approved; the “relocation as required by state construction” refers to a situation under which
relocation is required for the purpose of implementing any construction project that has been approved by the State Council, a provincial
people’s government, or the relevant ministry or commission of the State Council.

As for Issues concerning the tax collection and exemption for the investment or joint management with real estate

As for any investment or association by using land (real estate) as payment for the purchase of shares, where an enterprise involved
in the investment or joint management engages in the real estate development or where any other real estate development enterprise
makes investment or conducts joint management with the commercial houses built by itself, it shall not be subject to Article 1 of
the Notice of the Ministry of Finance and the State Administration of Taxation on the Provisions on Some Specific Issues regarding
Land Value-added Taxes (Cai Shui Zi [1995] No. 048) on the interim exemption of land value-added taxes.

VI.

The present Notice shall go into effect as of March 2, 2006.

Ministry of Finance, State Administration of Taxation
2006-03-02

CIRCULAR OF THE MINISTRY OF FINANCE ON THE RELEVANT ISSUES CONCERNING ENTERPRISE ACCOUNTING TREATMENTS AFTER THE EFFECT OF THE COMPANY LAW

Ministry of Finance

Circular of the Ministry of Finance on the Relevant Issues concerning Enterprise Accounting Treatments after the effect of the Company
Law

No. 67 [2006] of the Ministry of Finance

March 15, 2006

To the departments (bureaus) of finance of all provinces, autonomous regions, municipalities directly under the Central Government
and cities under separate state planning, and the bureau of finance of Xinjiang Production and Construction Corp., all the relevant
ministries and commissions of and the relevant institutions directly under the State Council, and all the enterprises directly under
the Central Government,

The Company Law of our country amended and adopted for the third time has come into force as of January 1, 2006, and we hereby circulate
a notice on the enterprise accounting treatments as follows:

On the Appraisal of Capital Contributions in the form of In-kind Capital

According to Article 27 of the Company Law, where an enterprise establishes a company by the capital contributions of substance,
intellectual property right, land use right or other non monetary assets, the aforesaid capital contributions shall be subject to
appraisal and pricing to verify the assets. Where a state-owned or state holding enterprise makes capital contributions in non monetary
assets or accepts the capital contributions in non monetary assets from other enterprises, it shall entrust a qualified asset appraisal
institution for asset appraisal in accordance with the relevant state provisions on asset appraisal; and the appraisal of capital
contributions in other non monetary assets shall be conducted by referring to the aforesaid provisions.

II.

On the Disposal of the Balance of Public Welfare Funds

An enterprise established according to the Company Law shall not draw public welfare funds when it distributes profits according to
Article 167 of the Company Law after January 1, 2006. At the same time, the State-owned enterprises and other enterprises shall
abolish the system of public welfare funds simultaneously in order to keep the coherence between the accounting policies of the enterprises.
With respect to the balance of public welfare funds before December 31, 2005, the enterprise shall put it under the management and
use of the surplus reserves; the deficit of public welfare funds shall be made up by the surplus reserves, capital reserves and the
undistributed profits of the previous year in sequence, and it shall be carried forward to the account of undistributed profits and
be made up by the after-tax profits realized in the later years where there still remains deficits.

Where an enterprise carries out the reform of housing system upon approval, it shall abide by the Notice on the Relevant Accounting
Treatments in the Reform of Enterprise Housing System (Cai Qi [2000] No.295) and the Supplementary Notice on the Relevant Accounting
Treatments in the Reform of Enterprise Housing System (Cai Qi [2000] No. 878) in the process of implementation. An enterprise shall
not purchase or build houses for its employees any more and shall not arrange the relevant expenses in surplus reserves after carrying
out the housing monetization reform according to the uniform State provisions.

With respect to the expenses for purchasing fixed assets necessary for the staff canteen, infirmary, nursery and other welfare institutions
originally operated by the public welfare funds, an enterprise that has not peeled the social functions from itself or has not implemented
the segmentation between main and supplementary businesses and restructuring of the latter shall be subject to examination and approval
in strict accordance with the procedures and privilege prescribed in the internal accounting system of the enterprise, and shall
implement the relevant management system regarding the production and operational assets of the enterprise.

After an enterprise abolishes the system of public welfare funds, if the board of directors of a foreign-funded enterprise decides
to continuously draw the staff bonus and welfare fund, it shall be subject to the liability management, with the purposes, conditions
and procedures for the use thereof being specified.

III.

On the Issue of Accounting Treatments After a Joint-stock Limited Company Purchase its Own Stocks

Where a joint-stock limited company repurchases its own stocks in light of Article 143 of the Company Law, it shall carry out the
accounting treatments according to the following requirements:

The stocks repurchased by a company shall be subject to the management of treasury stocks before cancellation or transfer, and all
the expenses in the stock repurchase shall be transferred into the cost of treasury stocks. However, in case of the stock repurchase
resulted from the merger with any other company that holds its stocks, the cost of treasury bonds shall be determined on the basis
of the book value of the relevant investments of its stocks held by the other company provided that both participants of the merger
are ultimately controlled by a same shareholder both before and after the merger; and if they are not ultimately controlled by a
same shareholder, the cost of treasury stocks shall be determined on the basis of the fair value of the relevant investments of its
stocks held by the other company.

When the treasury stocks are cancelled, the capital stocks shall be correspondingly reduced on the basis of the amount of the stocks
that are cancelled, and the surplus of the cost of treasury stocks over the corresponding capital stocks shall be used to write off
the capital reserves, surplus reserves and the undistributed profits of the previous year in sequence; and the capital reserves shall
be increased for the deficit of the cost of treasury stocks over the corresponding capital stocks.

When the treasury stocks are transferred, the surplus of incomes incurred from the transfer over the cost of treasury stocks shall
be used to increase the capital reserves; and the deficit over the cost of treasury stocks shall be used to write off the capital
reserves, surplus reserves and the undistributed profits of the previous year in sequence.

ii.

With respect to the stocks repurchased due to the implementation of employee equity incentive plans, the stocks to be repurchased
shall not be more than 5% of the total amount of the stocks the company issues, and the required capital shall be within the amount
of profits that can be distributed to the investors in the current term.

Where the date when the general assembly of shareholders adopts the employee equity incentive plans and the date of stock repurchase
do not fall in the same year, the company shall preserve the expense for the planned repurchase in the profits that can be distributed
to the investors in the current term, and the preserved profits shall not be distributed any more when the employee equity incentive
plans are adopted.

When the company repurchases the stocks, it shall transfer all the expenses for stock repurchase into the cost of treasury stocks,
and simultaneously transfer the profits to be distributed to investors into the capital reserves in light of the amount of expenses
for the repurchase.

iii.

The treasury stocks shall not be used in the profit distribution of the company, and a joint-stock limited company shall reflect it
as the deduction item of ownership rights and interests.

IV.

This Notice shall come into force as of April 1, 2006. In case of any problem encountered in the implementation thereof, please timely
report it to this Ministry.

Ministry of Finance
2006-03-15

ANNOUNCEMENT NO.44, 2006 OF THE GENERAL ADMINISTRATION OF QUALITY SUPERVISION, INSPECTION AND QUARANTINE OF THE PEOPLE’S REPUBLIC OF CHINA, ON ADJUSTING THE EXAMINING AND APPROVING OF THE LABEL SYSTEM ON IMPORT AND EXPORT FOODSTUFF AND COSMETICS

General Administration of Quality Supervision, Inspection and Quarantine

Announcement No.44, 2006 of the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic
of China, on Adjusting the Examining and Approving of the Label System on Import and Export Foodstuff and Cosmetics

[2006] No. 44

March 24, 2006

Announcement on Adjusting the Examining and Approving of the Label System on Import and Export Foodstuff and Cosmetics In order to
act in the spirit of the State Council of reforming administrative examination and approval, simplify procedures, make things convenient
for import and export, after studying, it is decided to adjust the examining and approving of label system on import and export foodstuff
and cosmetics and it is hereby announced:

The label for import foodstuff and cosmetics must accord with the provisions of Chinese laws regulations and coercive standards
(corresponding laws regulations and standards may be downloaded from www.aqsiq.gov.cn /safety of import & export foodstuff and
cosmetics /label management of foodstuff and cosmetics). The label of export foodstuff and cosmetics must meet the requirements of
the import country /region.

As of April 1, 2006, the label of import and export foodstuff and cosmetics will be examined and approved together with the inspection
and quarantine of import and export foodstuff and cosmetics and will not be applied for pre-examination and approval. The authorities
concerned at all levels will not accept and handle the application for pre-examination and approval of the label of import and export
foodstuff and cosmetics. The exit and entry inspection and quarantine authority shall not ask for the application for coercive inspection
by Label Examination and Approval Certificate of Import and Export Foodstuff and Cosmetics.

Local exit and entry inspection and quarantine authorities shall, while carrying out inspection and quarantine of import and export
foodstuff and cosmetics, examine whether the content of the label meet the requirements of laws, regulations and standards and examine
the truthfulness and accuracy of the content relating to quality. To the label passing the examination, “Label Passing the Examination”
shall be indicated in the inspection certificate provided according to rules.

The label of import foodstuff and cosmetics that does not accord with the provisions of national laws, regulations and coercive standards
before October 1, 2006 may be altered under the supervision of exit and entry inspection and quarantine authority and shall be granted
clearance according to rules.

As of October 1, 2006, any label of import foodstuff and cosmetics that does not accord with the provisions of relative laws, regulations
and standards of our country shall be handled according to the provision of Article 19 of Implementation Regulations of Inspection
Law for Import and Export Goods of the People’s Republic of China, and any label of export foodstuff and cosmetics that does not
accord with the regulations of import country/ region shall be handled according to the provision of Article 27 of Implementation
Regulations of Inspection Law for Import and Export Goods of the People’s Republic of China.

The Label Approval Certificate for Import (Export) Foodstuff and Cosmetics that has already been obtained is still valid. The label
of import and export foodstuff may be exempted from label examination if the content of it accords with the content indicated in
the approval certificate.

If it needs to change a new certificate because of the changes of new requirements in General Standard for Label of Prepackaged Food
of the People’s Republic of China (GB7718-2004), General Standard for Label of Prepackaged Special Foods of the People’s Republic
of China (GB13432-2004) and other new standards, the certificate shall be changed in accordance with the provisions of the Announcement
of Examining and Changing the Label Approval Certificate for Import Foodstuff. The closing date for changing the certificate is May
1, 2006. Hereafter, any certificate that does not accord with new requirements due to the changes of the requirements of laws, regulations
or standards shall become invalid automatically.

The inspection and quarantine authorities shall, while inspecting and quarantining import and export foodstuff and cosmetics, including
label examination and approving, testing and checking, collect the charges uniformly according to the standard for inspection and
quarantine charges, shall not collect any charges for label examination.

General Administration of Quality Supervision, Inspection and Quarantine

March 24, 2006

General Administration of Quality Supervision, Inspection and Quarantine
2006-03-24

NOTIFICATION NO.8, 2006 OF FOREIGN ASSISTANCE PROJECT BID BOARD OF THE MINISTRY OF COMMERCE

Notification No.8, 2006 of Foreign Assistance Project Bid Board of the Ministry of Commerce

Tong Gao [2006] No.8

Foreign Assistance Project Bid Board of the Ministry of Commerce held the 8th regular meeting on April 13, 2006. Matters of concern
and resolution are notified as follows:

The internal total contract price for the follow-up tasks for Indonesia Movable House assistance project was examined and approved

The implementation mode of Turkmenistan Velour Factory assistance project was discussed. Because the silk velvet technical is un-normative;
the equipments are un-standard and the workers are finite, it is difficult to determine the implementation enterprise by tender mode
owing to specific reasons Because of the urgency of the project, the Bid Board decided to have tender discussion with Shanxi Zhongxu
International Trade and Industry Co., Ltd. which has been in Turkmenistan for a long time and has good performance in the country.

The tender mode of Mongolia Tractor and Irrigation Quipment assistance project was discussed. The Bid Board adopted limited invitation
tender mode, and 9 enterprises Suntime International Techno-Economic Cooperation (Group) Co., Ltd., Tianjin Machinery Import &
Export Corporation, China Machine Building International Corporation, Suzhou Hengrun Import & Export Corp., Ltd., China National
Machinery Imp. & Exp. Corp., China National Pharmaceutical Foreign Trade Corporation, China Xinjiang Tacheng Sanbao Import &
Export Company, Northern International Group Co., Ltd. and China National Automotive Industry Imp. & Exp. Corporation will be
invited to participate in the bid. Specific matters of concern shall be notified later.

The follow-up implementation mode of The Republic of Congo Bouenza Hydropower Station Maintenance assistance Project was discussed.
Because of the continuity and urgency of the project, the Bid Board decided that:

(1)

The materials supply, equipment installation and follow-up civil engineering construction tasks, which are not qualified with tender
conditions, of the project shall be determined by tender discussion with NUCTECH Company Limited.

(2)

The supplier of equipments and materials, which are qualified with tender conditions, shall be determined by tender mode.

Foreign Assistance Project Bid Board of the Ministry of Commerce

April 19, 2006

Foreign Assistance Project Bid Board of the Ministry of Commerce
2006-04-19

LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON AGRICULTURAL PRODUCT QUALITY SAFETY

the Standing Committee of the National People’s Congress

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

No. 49

The “Law of the People’s Republic of China on Agricultural Product Quality Safety”, adopted at the 21st session of the Standing Committee
of the Tenth National People’s Congress of the People’s Republic of China on April 29, 2006, is hereby promulgated, and shall go
into effect as of November 1, 2006.

Hu Jintao, President of the People’s Republic of China

April 29, 2006

Law of the People’s Republic of China on Agricultural Product Quality Safety ContentsChapter I General Provisions

Chapter II Agricultural Product Quality Safety Criteria

Chapter III Places of Origin of Agricultural Products

Chapter IV Production of Agricultural Products

Chapter V Packages and Marks of Agricultural Products

Chapter VI Supervision and Inspection

Chapter VII Legal Liabilities

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1

In order to guarantee the quality safety of agricultural products, maintain the health of the general public, and promote the development
of agriculture and rural economy, the present Law is formulated.

Article 2

The term “agricultural products” as mentioned in the present Law refers to primary products sourced from agriculture, that is to say,
the plants, animals, microorganisms and their products, which are obtained from agricultural activities.

The term “agricultural product quality safety” as mentioned in the present Law means that the quality of an agricultural product meets
the requirements for ensuring human health and safety.

Article 3

The administrative department of agriculture of the people’s government at the county level or above shall be responsible for the
supervision and inspection of agricultural product quality safety; while the relevant departments of the people’s government at the
county level or above shall, in accordance with the clear assignment of responsibility, be responsible for the relevant work on agricultural
product quality safety respectively.

Article 4

The agricultural product quality safety administration shall be included into the national economic and social development planning
at the present level by the people’s government at the county level or above, and offered funds of agricultural product quality safety
for carrying out the work of agricultural product quality safety.

Article 5

The local people’s government at the county level or above shall exercise the unified leadership over and coordinate the work of agricultural
product quality safety under its own jurisdiction, take measures to set up and perfect an agricultural product quality safety service
system, and improve the level of agricultural product quality safety.

Article 6

The administrative department of agriculture of the State Council shall set up an agricultural product quality safety risk evaluation
experts’ committee consisting of experts in relevant areas, in order to analyze the risk and evaluate the potential harms which might
affect the agricultural product quality safety.

The administrative department of agriculture of the State Council shall take relevant administrative measures in accordance with the
results of agricultural product quality safety risk evaluation, and inform the relevant departments of the State Council of the results
of agricultural product quality safety risk evaluation in a timely manner.

Article 7

The administrative department of agriculture of the State Council and the administrative department of agriculture of the people’s
government of each province, autonomous region, or municipality directly under the Central Government shall publish relative information
on the situation of agricultural product quality safety under their own jurisdiction.

Article 8

The state guides and popularizes standardized production of agricultural products, encourages and supports the production of high-quality
agricultural products, and prohibits the production and sale of agricultural products which do not meet the agricultural product
quality safety criteria prescribed by the state.

Article 9

The state supports the scientific and technological research on agricultural product quality safety, implements scientific quality
safety administration methods, and popularize advanced and safe production technologies.

Article 10

The people’s government at any level and the relevant departments shall strengthen the propaganda of the knowledge on agricultural
product quality safety, improve the consciousness on agricultural product quality safety of the general public, guide producers or
sellers of agricultural products to intensify quality safety management, and guarantee the safety of agricultural product consumption.

Chapter II Agricultural Product Quality Safety Criteria

Article 11

The state establishes and improves the system of agricultural product quality safety criteria. The agricultural product quality safety
criteria shall be compulsory technical regulations.

The agricultural product quality safety criteria shall be formulated and promulgated in the light of relative laws and administrative
regulations.

Article 12

When formulating the agricultural product quality safety criteria, the relevant departments shall take into full consideration the
results of agricultural product quality safety risk evaluation, and give audience to the opinions of producers, sellers and consumers
of agricultural products, in order to guarantee the consumption safety.

Article 13

The agricultural product quality safety criteria shall be revised in a timely manner based on the scientific and technological development
level and the requirements of agricultural product quality safety.

Article 14

The agricultural product quality safety criteria shall be organized to implement by the administrative department of agriculture together
with other relevant departments.

Chapter III Places of Origin of Agricultural Products

Article 15

The administrative department of agriculture of a local people’s government at the county level or above shall, as per the requirements
of agricultural product quality safety, as well as in accordance with the factors such as variety characters of the agricultural
products, and the poisonous and harmful substances in the atmosphere, soil and water body of the production area, propose areas banned
from production which it considers unsuitable for production of certain agricultural products, and promulgate such areas upon approval
of the people’s government at the same level. The specific measures shall be formulated by the administrative department of agriculture
of the State Council together with the administrative department of environmental protection of the State Council.

The adjustment of areas banned from production of agricultural products shall be made in the light of the procedures prescribed in
the preceding paragraph.

Article 16

The people’s government at the county level or above shall take measures to enhance the construction of the base of agricultural product,
and make improvement in the conditions for production of agricultural products.

The relevant measures shall be taken by the administrative departments of agriculture of the people’s government at the county level
or above to propel the construction of comprehensive demonstration areas for standardized production, demonstration farms, breeding
areas, and areas without prescribed epidemic animal or plant diseases, so as to guarantee the agricultural products quality safety.

Article 17

It is prohibited to produce, fish or collect edible agricultural products or to establish production bases of agricultural products
in the areas where the poisonous and harmful substances are in excess of the prescribed standards.

Article 18

It is prohibited to discharge or dump waste water, waste gas, solid wastes or other poisonous and harmful substances to a place of
origin of agricultural products in the violation of any law or regulation.

The water used for agricultural production and the solid wastes used as fertilizers shall meet the criteria of the state provisions.

Article 19

Such chemical products as chemical fertilizers, pesticides, veterinary drugs and agricultural films, shall be used in a reasonable
way by producers of agricultural products, to prevent such chemical products from polluting the producing areas of agricultural products.

Chapter IV Production of Agricultural Products

Article 20

The requirements on production technologies and operational rules shall be constituted by the administrative department of agriculture
of the State Council and the administrative department of agriculture of the people’s government of each province, autonomous region,
or municipality directly under the Central Government so as to guarantee the agricultural product quality safety. The administrative
department of agriculture of each people’s government at the county level or above shall strengthen its guidance to the production
of agricultural products.

Article 21

For the pesticides, veterinary drugs, feeds and feed additives, fertilizers, and veterinary devices, which might affect the agricultural
product quality safety, a licensing system shall be carried out in the light of relative laws and administrative regulations.

The administrative department of agriculture of the State Council and the administrative department of agriculture of the people’s
government of each province, autonomous region, or municipality directly under the Central Government shall, at a regular time schedule
, make a random inspection on such agricultural input products as pesticides, veterinary drugs, feeds and feed additives, and fertilizers,
which might endanger the agricultural product quality safety, and shall make public the results.

Article 22

The administrative department of agriculture of the people’s government at the county level or above shall enhance to make administration
and guidance on the use of agricultural input products, as well as set up and improve a system for safe use of agricultural input
products.

Article 23

Agricultural research and education institutions, and agricultural technology extension institutions shall strengthen the trainings
on quality safety knowledge and skills for producers of agricultural products.

Article 24

An enterprise engaging in agricultural production or a professional peasant cooperative economic organization shall set up records
on production of agricultural products, and the particulars as follows shall be included:

(1)

The name, source, usage, dosage of the agricultural input product in use, the date of using it, and the date disusing it;

(2)

The information on occurrence, prevention and control of animal epidemic diseases, plant diseases, pests and disasters; and

(3)

The date of harvest, slaughter or fishing.

The records on agricultural production shall be preserved for two years. Any fabrication of records on agricultural production is
prohibited The state encourages other producers engaging in agricultural production to set up records on agricultural production.

Article 25

A producer engaging in agricultural production shall, in the light of the laws, administrative regulations, and provisions of the
administrative department of agriculture of the State Council, make use of the agricultural input products in a reasonable way, strictly
carry out the provisions on safe intervals or withdrawal period for using agricultural input products, so as to stop the agricultural
input products endangering the agricultural product quality safety.

Any agricultural input product prohibited by explicit order of the state shall be forbidden using in the process of producing agricultural
products.

Article 26

An enterprise engaging in agricultural production or a professional peasant cooperative economic organization shall check the agricultural
product quality safety either by itself or by entrusting a test institution. It is prohibited to sell any agricultural product found
from the test to fail to comply with the agricultural product quality safety criteria .

Article 27

A professional peasant cooperative economic organization or an agricultural products industry association shall offer its members
production technology services in a timely manner, set up agricultural product quality safety management system, perfect the agricultural
product quality safety control system, and strengthen self-disciplinary management.

Chapter V Packages and Marks of Agricultural Products

Article 28

Where the agricultural products sold by an enterprise engaging in production of agricultural products, by a professional peasant cooperative
economic organization, by an entity engaging in purchase of agricultural products or by an individual are required in accordance
with relevant provisions to be packed or be attached with marks, they may not be sold until they have been packed or attached with
marks. Such contents as the product name, place of origin, producer, date of production, quality guaranty period, product quality
grade, shall be indicated on the packages or identification, in accordance with the provisions; if any additive is used, the name
of the additive shall also be indicated in accordance with the provisions. The specific measures shall be instituted by the administrative
department of agriculture of the State Council.

Article 29

The materials used in package, preservation, storage and transport of agricultural products, such as preservatives, antiseptics and
additives, etc. shall comply with the relevant compulsory technical norms of the state.

Article 30

The agricultural products belonging to agricultural genetically modified organisms shall be marked in the light of the relative provisions
on the administration of the safety of agricultural genetically modified organisms.

Article 31

The animals and plants required to be quarantined in accordance with the law, as well as their products, shall be attached with quarantine
marks of conformity and quarantine certificates of conformity.

Article 32

The on-sale agricultural products must comply for the agricultural product quality safety criteria, and the producer may submit an
application for using nuisance-free marks on agricultural products. If the quality of the agricultural products complies with the
criteria prescribed by the state for relevant high-quality agricultural products, the producer may submit an application for using
commensurate quality marks on agricultural products.

It is prohibited to imitate the quality marks on agricultural products as prescribed in the preceding paragraph.

Chapter VI Supervision and Inspection

Article 33

An agricultural product under any of the circumstances as follows shall not be sold:

(1)

It contains any pesticide, veterinary drug or other chemical substance prohibited by the state from being used;

(2)

The poisonous and harmful substance such as the remnant of the pesticide, veterinary drug or other chemical substance, or the contained
heavy metal, etc. does not comply with the agricultural product quality safety criteria;

(3)

The contained pathogenic parasites, microorganisms or biological toxin does not comply with the agricultural product quality safety
criteria;

(4)

The material in use such as the preservative, antiseptic or additive, etc. does not comply with the relative compulsory technical
regulations of the state; or

(5)

Other circumstances under which it does not comply with the agricultural product quality safety criteria.

Article 34

The state sets up an agricultural product quality safety monitoring system. The administrative department of agriculture of the people’s
government at the county level or above shall, in accordance with the requirements for guaranteeing the agricultural product quality
safety, make the plan of monitoring the agricultural product quality safety and organize the implementation thereof, and supervise
to make a random inspection on the agricultural products under production or on sale in the market. The administrative department
of agriculture of the State Council or the administrative department of agriculture of the people’s government of each province,
autonomous region, or municipality directly under the Central Government shall make public the results under its jurisdiction.

For a supervisory test on a random inspection, the department concerned shall entrust an agricultural product quality safety test
institution that meets the conditions in Article 35 of the present Law, but shall not charge any fee from the party to be tested,
and the number of the samples shall not exceed the quantity prescribed by the administrative department of agriculture of the State
Council. For the agricultural products which are subject to supervision of the administrative department of agriculture at the higher
level by sampling, the administrative department of agriculture at the lower level shall not make the sampling repetitively.

Article 35

For the sake of an agricultural product quality safety test, the existing qualified test institutions shall be given full consideration
of.

An institution engaging in agricultural product quality safety test must possess commensurate conditions and capacities for test,
and shall be qualified and pass the assessment of the administrative department of agriculture of the people’s government at the
provincial level or above or its authorized department. The specific measures shall be instituted by the administrative department
of agriculture of the State Council.

An agricultural product quality safety test institution shall be found qualified from metrological certification in accordance with
law.

Article 36

Where a producer or seller of agricultural products has any objection to the result of a supervisory test on a random inspection,
it may, within 5 days as of the receipt of the test result, submit an application to the administrative department of agriculture
that organizes the implementation of the agricultural product quality safety supervision on a random inspection or to the administrative
department of agriculture at the higher level for a re-test.

When the speedy test method ascertained by the administrative department of agriculture of the State Council together with the relevant
department is adopted for supervisory test by a random inspection of the agricultural product quality safety by sampling, if the
party to be tested has any objection to the test result, it may, within four hours as of the receipt of the test result, submit an
application for a re-test. The re-test shall not be carried out in a speedy method.

If the testing entity causes any damage to a party concerned as a result of a wrong test result, it shall undertake liabilities for
compensation in the light of the law.

Article 37

An agricultural product wholesale market shall establish or entrust an agricultural product quality safety test institution to test
the quality safety of the inward agricultural products for sale by a random inspection; when found any inconformity with the agricultural
product quality safety criteria, the seller shall be required to immediately stop the sale, and report to the administrative department
of agriculture.

An enterprise engaging in sale of agricultural products shall, for the agricultural products it sells, set up and improve the rules
on inspection and acceptance of purchased goods; any agricultural product that is found from the inspection to fail to comply with
the quality safety criteria shall not be sold.

Article 38

The state encourages entities and individuals to carry out public supervision over the agricultural product quality safety. Any entity
or individual shall have rights to accuse, expose or charge any act violating the present Law. After receipt of relevant accusation,
exposure or charge, the relevant department shall deal with the matter in a timely manner.

Article 39

The administrative department of agriculture of the people’s government at the county level or above may, in its agricultural product
quality safety supervision and inspection, make on-site inspections on the agricultural products under production or on-sale, investigate
and know about the relative information on agricultural product quality safety, consult and photocopy the records and other information
concerning agricultural product quality safety; and shall have the right to seal up or distrain the agricultural products which are
found from test to fail to comply with the agricultural product quality safety criteria.

Article 40

When an agricultural product quality safety accident occurs, the concerned entities and individuals shall take control measures, and
report to the local people’s government at the township level and the administrative department of agriculture of the people’s government
at the county level in a timely manner. The organ receiving the report shall conduct the accident in a timely manner and report to
the people’s government at the higher level and other relative departments. When a major agricultural product quality safety accident
occurs, the administrative department of agriculture shall inform the food and drug administrative department at the same level of
it in a timely manner.

Article 41

In the agricultural product quality safety supervision and administration, if the administrative department of agriculture of a people’s
government at the county level or above finds that an agricultural product is under any of the circumstances listed in Article 33
of the present Law, it shall, on the basis of the requirements of the system for investigation of liabilities concerning agricultural
product quality safety, find out the liable person, and punish him in the light of the law or propose punishment suggestions.

Article 42

An imported agricultural product must be inspected in accordance with the agricultural product quality safety criteria prescribed
by the state. If the relevant agricultural product quality safety criteria have not been formulated, the department concerned shall
formulate them in the light of the law in a timely manner, and may, before finishing formulating such criteria, inspect the imported
agricultural product by referring to the relevant foreign criteria designated by the relevant department of the state.

Chapter VII Legal Liabilities

Article 43

If any agricultural product quality safety supervisory and administrative staff member does not carry out his supervisory duties in
the light of the law, or abuses his powers, he/she shall be given administrative sanctions in the light of the law.

Article 44

If an agricultural product quality safety test institution forges a test result, it shall be ordered to make a correction, its illegal
proceeds shall be confiscated, and in addition, it shall be charged a fine not less than 50,000 Yuan and not more than 100,000 Yuan.
The person-in-charge directly responsible and other persons held directly liable shall be charged a fine not less than 10,000 Yuan
and not more than 50,000 Yuan respectively. If the circumstances are serious, its test qualification shall be revoked. If it causes
any damage, it shall undertake liabilities for compensation in the light of the law.

If an agricultural product quality safety test institution issues an untrue test result, and causes any damage, it shall undertake
liabilities for compensation in the light of the law; if it causes any heavy damage, its test qualification shall be revoked, in
addition.

Article 45

Whoever violates any law or regulation by discharging or dumping waste water, waste gas, solid wastes or other poisonous and harmful
substances to a place of origin of agricultural products shall be penalized in the light of the relative environmental protection
laws and regulations; if it/he causes any damage, it/he shall undertake liabilities for compensation in the light of the law.

Article 46

Whoever violates any law or administrative regulation or any provision of the administrative department of agriculture of the State
Council in using agricultural input products, shall be penalized in the light of the relative laws and administrative regulations.

Article 47

If an enterprise engaging in agricultural production or a professional peasant cooperative economic organization fails to establish
or fails to carry out the provisions to preserve records on agricultural production, or forges records on agricultural production,
it shall be ordered to make a correction within the time limit; if it fails to make a correction within the time limit, it may be
fined not more than 2,000 Yuan.

Article 48

Whoever violates the provisions prescribed in Article 28 of the present Law by failing to follow the provisions to pack or mark the
agricultural products for sale, shall be ordered to make a correction within a time limit; if it/he fails to make a correction within
the time limit, it/he may be fined not more than 2,000 Yuan.

Article 49

If the circumstances under Item (4) of Article 33 of the present Law arises, and the material in use such as the preservative, antiseptic
or additive, etc. does not comply with the relevant compulsory technical regulations of the state, the party concerned shall be ordered
to stop selling the said material, and shall make innocuous treatment of the polluted agricultural products, or supervise the destruction
of the material if no innocuous treatment can be made; at the same time, its/his illegal incomes shall be confiscated, and it/he
shall be fined not less than 2,000 Yuan and not more than 20,000 Yuan, in addition.

Article 50

If an agricultural product sold by an enterprise engaging in agricultural production or a professional peasant cooperative economic
organization is under any of the circumstances listed in Items (1) through (3) or Item (5) of Article 33 of the present Law, the
said entity shall be ordered to stop selling the products, replevy the sold agricultural products, and make innocuous treatment of
or supervise the destruction of the illegally sold agricultural products; at the same time, its illegal incomes shall be confiscated,
and it shall be fined not less than 2,000 Yuan and not more than 20,000 Yuan, in addition.

If an agricultural product sold by an enterprise engaging in sale of agricultural products is under any of the circumstances enumerated
in the preceding paragraph, the said enterprise shall be punished or penalized in the light of the preceding paragraph.

If any on-sale agricultural products in an agricultural product wholesale market are under any of the circumstances listed in Paragraph
1, the agricultural products on illegal sale shall be conducted in the light of Paragraph 1, and the seller of the agricultural products
shall be penalized in the light of Paragraph 1.

If an agricultural product wholesale market violates Paragraph 1 of Article 37 of the present Law, it shall be ordered to make a
correction, and be fined not less than 2,000 Yuan and not more than 20,000 Yuan.

Article 51

Whoever violates Article 32 of the present Law by falsely making use of the quality marks on an agricultural product shall be ordered
to make a correction, its/his illegal proceeds shall be confiscated, and it/he shall be fined not less than 2,000 Yuan and not more
than 20,000 Yuan.

Article 52

The punishments and penalties prescribed in Article 44 , Articles 47 through 49, Paragraphs 1 and 4 of Article 50 , and Article 51
of the present Law shall be decided on by the administrative department of agriculture of the people’s government at the county
level or above; while the punishments and penalties prescribed in Paragraph 2 and Paragraph 3 of Article 50 shall be decided on
by the administrative department for industry and commerce.

If any law has otherwise different provisions on an administrative penalty or the penalizing organ, such provisions shall prevail,
but the same illegal act shall not be penalized for twice or more.

Article 53

If someone violates the present Law and has committed a crime, investigations shall be conducted to determine his/her criminal liabilities
in the light of the law.

Article 54

If anyone producing or selling the agricultural products enumerated in Article 33 of the present Law causes any damage to a consumer,
it shall undertake liabilities for compensation in the light of the law.

If any on-sale agricultural product in an agricultural product wholesale market is under the circumstance prescribed in the preceding
paragraph, the consumer may claim against the agricultural product wholesale market for compensation; if the producer or seller is
held liable, the agricultural product wholesale market shall have the right to make recourse. The consumer concerned may also directly
claim against the producer or seller of the agricultural products for compensation.

Chapter VIII Supplementary Provisions

Article 55

The administration on pig slaughtering shall be carried out in the light of the relevant provisions of the state.

Article 56

The present Law shall go into effect as of November 1, 2006.

the Standing Committee of the National People’s Congress
2006-04-29

REPLY OF THE CHINA SECURITIES REGULATORY COMMISSION ON REPLACING THE CHIEF REPRESENTATIVE OF BEIJING REPRESENTATIVE OFFICE OF MERRILL LYNCH INTERNATIONAL LIMITED COMPANY

Reply of the China Securities Regulatory Commission on Replacing the Chief Representative of Beijing Representative Office of Merrill
Lynch International Limited Company

Zheng Jian Ji Gou Zi [2006] No. 86

Merrill Lynch International Limited Company,

We have received your application and related materials on replacing the chief representative of Beijing representative office. We
have decided upon examination to approve Xue Haiqing to replace Wang Zhonghe and take the post of the chief representative of your
Beijing Representative Office.

The China Securities Regulatory Commission

May 15, 2006

The China Securities Regulatory Commission
2006-05-15

OPINIONS OF THE TRANSITION OF EXPORT GROWTH MODE OF ELECTROMECHANICAL PRODUCTS DURING THE ELEVENTH FIVE-YEAR PLAN PERIOD

Circular of the General Office under the State Council for Transmitting Opinions Submitted by Ministry of Commerce and other Ministries
Concerning the Transition of Export Growth Mode of Electromechanical Products during the Eleventh Five-year Plan period

Guo Ban Fa [2006] No. 42

The people’s governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries,
commissions and directly subordinate institutions of the State Council:

The Opinions of the Transition of Export Growth Mode of Electromechanical Products during the Eleventh Five-year Plan Period, which
are submitted by the Ministry of Commerce, the National Development and Reform Commission, the Ministry of Science and Technology,
the Ministry of Finance, the Ministry of Information Industry, the People’s Bank of China, the General Administration of Customs,
the State Administration of Taxation, and the General Administration of Quality Supervision, Inspection and Quarantine, have been
approved by the State Council, and are hereby transmitted to you. Please abide hereby.

The General Office of the State Council

May 27, 2006

Opinions of the Transition of Export Growth Mode of Electromechanical Products during the Eleventh Five-year Plan Period

During the Tenth Five-year Plan period, remarkable headway was made in China’s export of electromechanical products through joint
efforts of relevant parties. By 2005, the electromechanical products, a vital role in China’s foreign trade, have been the No. 1
category of export commodities for 11 years in a row. For the purpose of helping lift the quality and benefit of foreign export,
effective measures must be taken during the Eleventh Five-year Plan period to transmit the export growth mode of electromechanical
products. The Opinions are hereby given therefor as follows:

The guiding principle and objectives of the export of electromechanical products during the Eleventh Five-year Plan period.

(1)

Guiding thought. In accordance with the spirit of the Fifth Plenary Session of the 16th CPC Central Committee and under the general
requirements of the 11th Five-year Program for National Economic and Social Development, we shall realize fundamental transition
of export growth mode by seizing the new opportunities in global flow of production factors and industry transfer, basing ourselves
on independent innovation and enhanced international competitiveness, pursuing brand strategy of the export of electromechanical
products, intensifying the establishment of export production system, adjusting export structure, improving the quality of the product,
increasing technology content and added value and rectifying export order.

(2)

Objectives. We shall actualize apparent optimization of the export structure of electromechanical products, remarkable improvements
in independent innovation capacity and export order, further diversification of export market, essential improvement in the internal
and external environment of export, and by 2010, high-and-new-tech electromechanical products accounting for 55% of the total export
volume of the electromechanical product while products with independent brands and independent intellectual property rights accounting
for 20%

Accelerating the adjustment of the export structure of electromechanical products and improving the quality of the products.

(3)

While increasing the technology content and added value of traditional exported electromechanical products, we shall strive to expand
the export of technology-extensive products with high added value, and vigorously develop and expand the export of key components,
elements, and accessories for the machines. The key export products are: aircrafts and aviation equipment, ship and marine equipment,
railway vehicles, automobiles and auto parts, machine tools, engineering and agriculture machinery, integrated circuits, communication
equipment and electric power, metallurgy, petrochemical complete equipment, the new generation communication products, digital household
appliances and audio-visual equipment, computer network, etc.

(4)

We shall curb the production and export of high energy consumption and high pollution products, encourage electromechanical enterprises
to further develop energy conservation, environment protection technologies and products, and progressively introduce such factors
as environment, labor insurance, hygiene, social responsibilities to design and production management.

(5)

We shall support the electromechanical enterprises to further improve the quality of the exported products, to strive to acquire ISO9000
Quality Certification, and ISO14000 Environment Certification; we shall also promote them win relevant international certifications
for security, hygiene, resource conservation and social responsibilities.

(6)

On the basis of risk analysis, we shall execute timely dynamic management over the security and quality of the exported electromechanical
products, intensify classification management of manufacturing enterprises, enlarge the scope of the exemption of export inspection,
lower the cost for inspection and quarantine, and broaden the green channel for export.

Intensifying effort for independent innovation, nurturing a fleet of exported electromechanical products with independent brands.

(7)

We shall continue to reinforce the establishment of export production system, and nurture a fleet of exported electromechanical products
with independent brands, give priority to technology reform, research and development, loan, insurance, and information services,
and strengthen the construction of base enterprises, and that of export base of the automobile and auto parts. Then we shall select
several key industries that are capable of driving the development of other industries to foster several export industry bases and
a number of export base enterprises. Local authorities shall, in accordance with local realities, select a number of potential enterprises
with independent brands for export to establish primary contact.

(8)

We shall encourage and guide export enterprises of electromechanical products to lift the scale benefit through listing, merging,
associating, regrouping, and transnational acquisition, and give key support to a number of competitive enterprises with independent
intellectual property rights and famous brands. We shall also progressively found and perfect the statistics system of exported electromechanical
product brands and products with independent intellectual property rights.

(9)

We shall encourage the electromechanical enterprises to scale up investment in research and development to develop critical technology
and core technology with independent intellectual property rights. We shall also support the research and development of common technology
concerning export. The research and development expenditure of the enterprises may be listed before tax collection.

(10)

We shall support the electromechanical enterprises to induct advanced technologies, critical equipment and parts, and help them comprehend,
absorb and re-innovate those technologies. With respect to those advanced foreign technologies and critical equipment, tariffs and
value-added tax in import link shall be exempted in accordance with the related provisions of the State Council.

(11)

We shall boost the capacity building of technology innovation of exported electromechanical products, push forward the electromechanical
enterprises to be the main part of technology innovation, promote technology development and achievement industrialization through
coordination among enterprises or cooperation among industries, universities and research institutes, and encourage the enterprises
to open information and R&D centers abroad to understand the trend of the advanced technologies and develop new products suitable
for the local market.

Deepening the strategy of market diversification, and strengthening the construction of foreign marketing network and after-sale service
system.

(12)

On the basis of consolidating the traditional export markets in Southeast Asia, Europe and North America, we shall intensify effort
to develop the emerging markets in Russia, Eastern Europe, Africa, Latin America and India, and raise the export proportion in these
markets.

(13)

We shall encourage and support competitive electromechanical enterprises to make investment in foreign countries so as to facilitate
the export of equipment, capital, technologies and materials by utilizing foreign aid, contracting with own capital and other ways.
The electromechanical enterprises will realize the localization of production, sale and financing through the joint-venture and cooperation
with the countries that they invest in.

(14)

We shall encourage and support the enterprises to form a worldwide sales network of China’s exported electromechanical products through
establishing representative offices or sales organizations, selecting distribution agents, or utilizing foreign companies’ sales
network, etc. We shall also, on the basis of sales network, set up a perfect maintenance service network, gradually solve the problems
in the after-sale maintenance service of electromechanical products, and strive to make breakthrough in the establishment of worldwide
sales network and after-sale maintenance service network for key products, such as engineering machinery, agriculture machinery,
communication equipment, automobiles, motorcycles, etc.

(15)

We shall encourage and support the electromechanical enterprises to participate in the well known foreign professional exhibitions,
organize counterpart communication on a regular basis between small and medium-sized enterprises and the business people in such
key export markets as EU, North America, Japan, to help them search cooperation opportunities to explore international market.

(16)

We shall enhance public information service and training in talented people for small and medium-sized enterprises, establish and
perfect the information network service system of electromechanical products so as to provide export enterprises with accurate, prompt
and convenient information of trade and investment as well as information service of product standards, market laws and policies,
etc.

(17)

On the basis of the measure of examination and approval for one time and effectiveness for multiple times within one year for the
trips abroad made by staff working in business, technology, after-sale service and responding to anti-dumping claims, we shall further
simplify procedures of staff employed in electromechanical export enterprises going abroad.

Supporting the export of electromechanical products via multiple means.

(18)

We shall continue to arrange part of the central foreign trade development fund to be used for supporting the research and development
of exported electromechanical products and interest subsidies for technology reform loans. Regionsif better positioned, shall also
be given fund support. We shall employ the small and medium-sized enterprises to explore fund in international market and support
the activities of exploring fund by electromechanical enterprises in international market, adjust the export tax refund rate for
the electromechanical products and encourage the export of electromechanical products with high technology content and high added
value.

(19)

We shall strengthen the policy export credit support for the export of electromechanical products, and perfect the forming mechanism
of interest rate. For those medium and long-term projects in line with the loan terms, their terms of loans may be, subject to loan
principle, properly extended; for those well-performing key enterprises which have debt service capacity and can turn out the right
products for the right markets, their line of credit may be properly raised. We shall also improve financial services, stimulate
financial innovation, expand the scale and types of export credits, and provide preferential export buyer’s credits, promote the
combination of policy credit for export, commercial loan, and capital from international financial institutions to spur the export
of large-scale equipment and complete equipment.

(20)

We shall accelerate the speed of export credit insurance, add new insurance products for the exported electromechanical products based
on the need of the development of the market. We shall also establish and perfect credit guarantee system, encourage regions better
positioned to found credit guarantee fund and regional re-guarantee institutions for small and medium-sized enterprises, and study
and explore various effective means to solve the guarantee difficulties for small and medium-sized enterprises.

Creating sound external environment, and realizing healthy development of the export of electromechanical products

(21)

We shall launch an early-warning mechanism of the export of electromechanical products, a quick-response mechanism of trade frictions,
and a mechanism of responding to claims with industries and enterprises as the main parts. We shall carry out key monitoring over
commodities whose export over-grows, and whose prices plunge due to excessive quantities, and take effective measures to exercise
control when necessary. We shall also reinforce multi and bilateral consultations to respond well to anti-dumping, anti-subsidy and
safeguard measures.

(22)

We shall study deeply foreign regulations concerning technical barrier, and break the barrier by leading the enterprises to carry
out R&D and Design conforming international standard, organize production and acquire relevant certifications. We shall set up
several internationally authoritative electromechanical product testing laboratories providing services for enterprises to win international
certification and helping broaden the cooperative fields with foreign testing agencies. We shall also press ahead the bilateral mutual
recognition with relevant countries and regions.

(23)

We shall intensify the training of the protection of intellectual property rights and enhance the enterprises’ consciousness and ability
of independently safeguarding their legitimate rights and interests, encourage the electromechanical enterprises to avoid disputes
over intellectual property rights through applying for patents, registering trademarks abroad, promote the entry of enterprises with
patent technologies to International Union of Technology, Standard Forum and Patent Pool, and also take part in the formulation of
international standard.

(24)

We shall launch a mechanism to provide convenience to those honest and lawful enterprises and to discipline the dishonest and illegal
ones, implement a system of trade risk management and export credit rating, identify credit ratings for export enterprises by comprehensive
evaluation over the selected large-scale and complete equipment and motorcycles and several other key products, publicize on a regular
basis, the products that cause serious disturbances in the export order, and adopt measures to curb or forbid their export accordingly.

(25)

We shall push forward the reforms of Chamber of Commerce and the Industry Association to reinforce their authoritativeness in coordination
and self-control, establish a work system with perfect mechanism and effective coordination to maximize the role of Chamber of Commerce
and Industry Association in boosting the export of electromechanical products.

(26)

The ministries and departments concerned under the State Council and the local People’s Governments at different levels shall continue
to reinforce their leadership over the export of electromechanical products. They shall make new contributions to advancing the sustained,
healthy and rapid development of foreign trade by studying new situations, solving new problems, helping the transition of the growth
mode of electromechanical products.

The General Office under the State Council
2006-05-27

CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON ADJUSTING SOME FOREIGN EXCHANGE MANAGEMENT POLICIES ABOUT OVERSEAS INVESTMENTS

Circular of the State Administration of Foreign Exchange on Adjusting Some Foreign Exchange Management Policies about Overseas Investments

Hui Fa [2006] No. 27
June 6, 2006

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, and the branches of SAFE in the cities of Shenzhen,
Dalian, Qingdao, Xiamen and Ningbo:

For the purpose of adapting to the demands for overseas economic development, perfecting the supporting policies for encouraging overseas
investments and facilitating domestic investors to implement transnational business operations, SAFE decides to adjust some foreign
exchange management policies for overseas investments, and the relevant matters are hereby notified as follows:

The “overseas investments” as mentioned in this Circular means such acts whereby varieties of legal persons inside the territory
of China (hereinafter referred to as “domestic investors”) establish enterprises abroad or obtain the ownership, managerial right
or other rights and interests of the existing enterprises by way of new establishments (sole proprietorship, equity or contractual
joint ventures), purchase, merger, share holding, capital injection, or change of stock rights, etc.

II.

The overseas investments shall be consistent with the national industrial policies for overseas investments, and be in favor of promoting
the transnational flow and optimized allocation of production elements. The overseas investment projects of domestic investors shall
go through the examination and approval of the competent administrative departments.

III.

The necessary foreign exchange for the domestic investors to invest abroad may be the self-owned foreign exchange, the foreign exchange
brought by RMB or the domestic and overseas foreign exchange loans. Since the day of July 1, 2006, all the branches (foreign exchange
management departments) of SAFE shall not verify the quota for buying foreign exchange for overseas investments. After an overseas
investment project of domestic investors is examined and approved by the relevant administrative departments, the domestic investor
may be subject to the examination and approval formalities for buying and paying foreign exchange in light of the existing provisions
on the foreign exchange management.

IV.

After a domestic investor submits an application for the examination and approval of overseas investment project or the intent of
investment to the relevant administrative departments, before getting a formal approval, and upon examination and approval of the
local branch or foreign exchange management department under SAFE (hereinafter referred to as the “foreign exchange bureau”), it
may use the self-owned foreign exchange, the foreign exchange purchased by RMB or the domestic and overseas foreign exchange loans
to pay the initial expenses related to the overseas investment project to abroad.

The initial expenses with which the domestic investor remits abroad for the overseas investment project shall be for the purposes
prescribed as follows:

(1)

The guaranty money required to be paid in light of the laws of the place where the project lies or according to the request of the
transferring party in the case of the purchase of the overseas enterprise’s stock rights or the overseas property rights;

(2)

The guaranty money for the bidding required to be paid in the process of bidding for overseas projects;

(3)

The expenses necessary for implementing market surveys, leasing offices and facilities, hiring workers and intermediary institutions
before investing overseas; and

(4)

Other initial expenses related to the overseas investment.

VI.

A domestic investor shall apply to the local foreign exchange bureau for dealing with the examination and approval formalities for
remitting the initial expenses abroad upon the strength of the materials as follows:

(1)

An application form (including such information as the total investment amount of the overseas investment project, the contributions
of all parties, means of contribution, amount of foreign exchange to be used, as well as the amount, purpose and source, etc. of
the necessary initial expenses);

(2)

The business license or registration certificate of the domestic investor;

(3)

The relative documents on the domestic investor’s participation in the bidding, merger or on the equity or contractual joint venture
(like the letter of intent, memorandum or framework agreement, etc. signed by the Chinese and foreign parties);

(4)

A letter of commitments issued by the domestic investor to the local foreign exchange bureau (for the promise that the initial expenses
remitted abroad will only be used to the approved overseas investment projects, otherwise, the domestic investor shall bear the corresponding
legal liabilities);

(5)

An explanation on the name of the country (region) of the overseas account to which the initial expenses will be remitted, the overseas
bank, the name of the owner of account and the account; and

(6)

Other relative materials required by SAFE.

After examining and verifying that there is no error in the materials, the local foreign exchange bureau shall issue a document on
approval of the foreign exchange business under the capital accounts. The domestic investor shall go through the formalities for
buying and paying foreign exchange at the designated local foreign exchange bank upon the strength of the approval document.

VII.

If a domestic investor applies for remitting the initial expenses abroad to the local foreign exchange bureau, the initial expenses
remitted abroad shall not exceed 15% of the total amount of overseas investment that it applies to the relevant overseas administrative
department. If the initial expenses really need to exceed 15% because of the business, they shall be examined and approved by the
local foreign exchange bureau (foreign exchange management department).

The initial expenses that a domestic investor remits abroad upon examination and approval shall be listed in the total amount of the
overseas investment project of the domestic investor. When it examines and approves all the capital remitted abroad for the overseas
investment project, the foreign exchange bureau shall examine and reduce the amount of the remitted initial expenses.

VIII.

If a domestic investor needs to open an overseas account for the overseas investment project, it shall apply to the local foreign
exchange bureau in light of the relevant provisions on the management of overseas foreign exchange accounts.

IX.

If a domestic investor fails to go through all the formalities for examining and approving the overseas investment project within
6 months as of the day when the initial expenses are remitted abroad, it shall transfer the remainder in the overseas account to
the domestic foreign exchange account from which the foreign exchange is remitted abroad. If the foreign exchange remitted back to
China is brought by RMB, the domestic investor shall settle the foreign exchange at the designated foreign exchange bank upon the
strength of the original documents on the purchase of foreign exchange.

The foreign exchange bureau shall strengthen the examination, statistics-making and monitoring to the foreign exchange purchase and
payment with overseas investment capital, fill the net amount of initial expenses of its own jurisdiction in Column 1.2.1.3 of the
monthly statements on the fluidity and remittance under capital accounts and appended items month by month, and report them to SAFE
in accordance with the legal provisions.

XI.

Any domestic investor that violates the provisions in this Circular shall be punished by the foreign exchange bureau in accordance
with the Regulation of the People’s Republic of China on the Foreign Exchange Administration and other relative laws.

XII.

This Notice shall enter into effect as of the day of July 1, 2006. If any prior provision conflicts with this Circular, the latter
shall prevail.

State Administration of Foreign Exchange
2006-06-06

MEASURES FOR THE EXAMINATION OF SCIENCE AND TECHNOLOGY INNOVATION BY MINISTRY OF LAND AND RESOURCES (FOR TRIAL IMPLEMENTATION)

Circular of the Ministry of Land and Resources on Printing and Issuing Measures for the Examination of Science and Technology Innovation
by the Ministry of Land and Resources (for Trial Implementation)

Guo Tu Zi Fa [2006] No.199

The Departments of Land and Resources (Departments of Environment Resources, Departments of Land Resources, Bureaus of Land Resources
and Housing, and Bureaus of Land Resources for Housing) of all provinces, autonomous regions, municipalities directly under the Central
Government, Land and Resources Administrative Departments of cities specifically designated in state plan, the Land Department of
People’s Liberation Army, the Land and Resources Department of Xinjiang Production and Construction Corps, the Chinese Geological
Investigation Department, and other units directly under the State Council and all offices of the Ministry:

The Measures for the Examination of Science and Technology Innovation by Ministry of Land and Resources (for Trial Implementation)
have been examined and approved on the sixth administrative general meeting on August 25, 2006. Please implement after the printing
and issuing.

The Ministry of Land and Resources

September 5, 2006

Measures for the Examination of Science and Technology Innovation by Ministry of Land and Resources (for Trial Implementation)

Article 1

These Measures are formulated to follow the spirits of the Science and Technology Conference held by the Ministry of Land and Resources,
implement the strategy of ” invigorating the land through science and technology”, excellently accomplish the examination of various
special items in scientific and technological innovations and promote the standardization and systemization of management.

Article 2

The so-called “special items” in these Measures refers to the special projects organized by the Ministry of Land and Resources and
specially funded by the central finance.

Article 3

The scientific and technological innovations shall be examined in accordance with the Ministry of Land and Resources’ Medium and
Long Term Outline of Development Program for Science and Technology (2006-2020) (hereinafter called the Development Program) and
relevant special programs in order to strengthen the integral disposition of scientific and technological innovations, take the significant
ones as priorities into the special items, spread the adaptation of advanced and applicable techniques, promote the training of innovative
talents and the construction of research bases, and improve the ability of self-innovation in science and technology concerning land
and resources.

Article 4

The Ministry’s science and technology leading group shall lead and organize the examination, and the office for the Ministry’s science
and technology leading group (hereinafter called the office) shall be responsible for the specific matters.

Article 5

The office shall issue guidance for scientific and technological innovation projects in accordance with scientific and technological
programs and special programs, establishing a database for the scientific and technological innovations and renewing it according
to the annual focus of work.

Article 6

The guidance for scientific and technological innovation projects shall be compiled by the office, department and bureau for special
item management and performing entity, pointing out the fields and the directions which will enjoy priority in support and approval
from the program.

Article 7

Scientific and technological innovation projects shall support especially the solutions of significant scientific and technological
problems and the research, development and promotion of advanced and applicable techniques in the aspects such as the investigation
and assessment of land resources, the protection of arable land, the adjustment of land, the plan and utilization of land, the exploration
of oil, gasoline and other mineral resources, the appropriate utilization of mineral resources, the protection of mineral environment,
and the geological catastrophe forewarning, as well as the management rules and policy research on land and resources.

Article 8

The approval of the scientific and technological innovation projects shall follow the principles of combining production, study and
research and combining scientific research and investigation, which shall lead to the support especially for the projects closely
associated with the innovation base for talent training and key laboratories, and for the adaptation of significant fundamental theories
and the promotion of advanced and applicable techniques.

Article 9

The institutions directly under the Ministry may write proposals for the approval of scientific and technological innovation projects
independently or with the effort of research institutes, universities and enterprises and submit the proposals to the office.

Article 10

The office, together with the special item management department and performing entity, shall, in accordance with the principle of
openness, fairness and justness, organize an export panel to examine the submitted proposals for the approval of scientific and technological
innovation projects, choose the ones meeting the requirements of the application guidance and argument procedure, and bring them
into the database of scientific and technological innovation projects in the Ministry.

Article 11

The projects, which are listed in the database but are not scheduled in the current year, shall be rolled down to the next year for
selection. For those that need modification or cancellation, the entity submitting the project shall apply for modification or cancellation.

Article 12

The office shall participate in the formulation of special projects programming and annual plan, and be liable for the organization
of putting forward advice for the approval of significant scientific and technological innovation projects.

Article 13

By the end of every July, the office shall select from the database and recommend the proposed projects in the current year to the
leading group for examination.

Article 14

Each special item, when the annual working plan thereof is formulated, shall first arrange those projects approved by the leading
group, and actively support other important scientific and technological innovation projects according to the working requirements.

Article 15

The office shall participate in the argumentation and examination of the projects to be approved to the annual plan, formulating
opinions after the examination of scientific and technological innovation to be reported to the leading group for approval.

Article 16

The content of opinions after the examination of scientific and technologic innovation shall include:

(1)

a general comment on the improvement of special item work based on scientific and technologic advancement and innovation for the annual
plan;

(2)

the opinion after examination towards the precedence of some significant innovation projects approved by the leading group in the
annual plan;

(3)

the opinion after examination towards the adaptation of advanced and applicable projects and the elimination of outmoded techniques
in the annual plan;

(4)

the opinion after examination towards the connection between the innovation projects and talent training and construction of innovation
base in the annual plan;

(5)

the opinion for readjusting the disposition of innovation projects in the annual plan.

Article 17

Each special item shall refine its annual plan in accordance with the opinion after examination of scientific and technological innovation
approved by the leading group.

Article 18

The office, after the budget for special item is officially replied, shall compile the annual plan of Ministry of Land and Resources
for science and technology development, collecting the country’s scientific and technologic projects assumed by the unit directly
under the Ministry, the significant scientific and technological innovation projects arranged as the special items and other important
innovation projects, together with the significant innovation projects practiced by the provincial ministry of land and resources
and submitted for approval as special items, so as to master the general situation of scientific and technologic innovation projects
in the system of the country’s land and resources.

Article 19

The performance of significant scientific and technological innovation projects and the financial management thereof shall be implemented
in accordance with relevant stipulations in the special items.

Article 20

The office shall participate in the phase assessment and examination of significant scientific and technological innovation projects.
The assessment and examination shall be arranged by departments and bureaus for special item management and performing entities.

Article 21

The performing entity shall by the end of every November submit its description of performance of the scientific and technological
innovation project to the office who shall by the end of every December collectively report the general situation of scientific and
technological innovation to the leading group.

Article 22

The scientific and technological innovation projects which have been included into the Ministry of Land and Resources annual plan
for science and technology development shall bear the sign “the Ministry of Land and Resources Science and Technology Development
Plan” in their research findings, certificates and reports on the findings, and the ownership of the research findings shall be determined
in accordance with relevant stipulations of the country’s intellectual property protection.

Article 23

The office, jointly with the department and bureau for special item management, shall organize the acceptance examination of the
significant scientific and technological innovation projects whose research findings must be registered before the acceptance examination
in the office for research finding management in the Ministry.

Article 24

The significant scientific and technological innovation projects that have passed the acceptance examination may apply for the appraisal
of scientific and technological achievements in accordance with relevant regulations

Article 25

The Ministry’s competent authorities of science and technology shall, in accordance with the measures for rewarding formulated by
the country and the ministry, select from the registered research findings the projects to be rewarded by the Ministry and be recommended
for the country’s reward.

Article 26

The competent departments for land and resources of all provinces, autonomous regions and municipalities directly under the Central
Government may formulate corresponding administrative measures on the basis of these Measures.

Article 27

These Measures shall come into force on the day of promulgation.

Article 28

The Ministry of Land and Resources shall be liable for the interpretation of these Measures.

The Ministry of Land and Resources
2006-09-05

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Probate

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MEASURES FOR THE EXAMINATION OF SCIENCE AND TECHNOLOGY INNOVATION BY MINISTRY OF LAND AND RESOURCES (FOR TRIAL IMPLEMENTATION)

CONSTITUTION ACT, 1982 – page 22

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