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Circular of the State Administration of Foreign Exchange Concerning the Printing and Distribution of the Detailed Rules for Implementing
the Measures for the Administration of Personal Foreign Exchange
Hui Fa [2007] No.1
The branches and foreign exchange management departments of the State Administration of Foreign Exchange in each province, autonomous
region and municipality directly under the Central Government, the branches in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo , each
Chinese-funded appointed foreign exchange banks and China UnionPay Co., Ltd.:
For the purpose of implementing the Measures for the Administration of Personal Foreign Exchange (Order No.3 [2006] of the People’s
Bank of China), the State Administration of Foreign Exchange enacted the Detailed Rules for Implementing the Measures for the Administration
on Individual Foreign Exchange (hereinafter referred to as Detailed Rules). We hereby print and distribute these Detailed Rules to
you. You shall comply with and implement them earnestly.
Each branch and foreign exchange management department of the State Administration of Foreign Exchange shall forward this Circular
to all sub-branches, urban commercial banks, rural commercial banks and foreign-funded banks within their respective jurisdictions
once they receive this Circular, provide trainings on business operation to the subordinate sub-branches and banks as soon as possible,
and publicize the special telephone numbers for interpreting the related policies. Each Chinese-funded appointed foreign exchange
banks should forward this Circular to their subordinate branches. In case any entity faces any problem when implementing this Circular,
please feedback to the State Administration of Foreign Exchange in a timely manner.
Appendix: Detailed Rules for Implementing the Measures for the Administration on Individual Foreign Exchange
The State Administration of Foreign Exchange
January 5, 2007
Appendix:
Detailed Rules for Implementing the Measures for the Administration on Individual Foreign Exchange
Chapter I General Provisions
Article 1
Under the Measures for the Administration on Individual Foreign Exchange, the present Detailed Rules are formulated with a view to
regulating and facilitating the foreign exchange business operation of banks and personals.
Article 2
The administration of total annual amount shall be adopted for personal settlement and domestic personal purchase of foreign exchange.
The total annual amount shall be the value equivalent to USD 50,000 Dollars for each person every year. The State Administration
of Foreign Exchange may make adjustment on the total annual amount in light of the position of payment balance.
With regard to the personal settlement and purchase of foreign exchange, in case it is within the total annual amount, it shall be
handled at a bank by presenting his/her valid identity certificate; if beyond the total annual amount, those under the current account
shall be handled under Articles 10, 11 and 12 of the present Detailed Rules, while those under the capital account shall be handled
under the related provisions of the “Administration of the Personal Foreign Exchange under the Capital Account” in the present Detailed
Rules .
Article 3
The foreign exchange purchased by an individual may be remitted abroad, deposited into his/her foreign exchange savings account or
carried out of the territory of the country under the related provisions.
Article 4
As regard personal purchase or settlement of foreign exchange within the total annual amount, he/she may entrust his/her linear relative
to handle on his/her behalf; in respect of a personal purchase, settlement or overseas personal purchase of foreign exchange beyond
the total annual amount, he/she may entrust other person to handle upon the strength of the related evidential materials under the
provisions in the present Detailed Rules.
Article 5
When carrying foreign currency banknotes into or out of the country, an individual shall conform to the related administrative provisions
of the state.
Article 6
Appointed foreign exchange banks (hereinafter referred to as bank) shall check and verify the authenticity of personal foreign exchange
business under the provisions of the present Detailed Rules, and may not forge or alter any transaction.
A bank shall, through the personal foreign exchange sale and settlement management information system (hereinafter referred to as
personal foreign exchange sale and settlement system), handle the business of personal purchase or settlement of foreign exchange
and record the related information in an authentic, accurate and integrated way.
Article 7
The State Administration of Foreign Exchange and branches thereof (hereinafter referred to as foreign exchange departments) shall
take charge of collecting statistical data on, monitoring, administrating and examining the personal foreign exchange business.
Chapter II Administration of the Personal Foreign Exchange under the Current Account
Article 8
Personal foreign exchange income and expenditure under the current account may be divided into business foreign exchange income and
expenditure and non-business foreign exchange income and expenditure.
Article 9
Personal business foreign exchange income and expenditure under the current account shall be handled under the rules as follows:
(1)
as regard an personal foreign trade operator, he/she shall handle the purchase, payment, collection and settlement of foreign exchange
through his/her foreign exchange settlement account; the declaration of his/her foreign exchange income and expenditure, import-export
verification and writing-off and payment balance shall be administered as those of an institution.
Personal foreign trade operator means an individual that conducts foreign trade business activities after fulfilling the industrial
and commercial registration or other formalities for business operation and gaining an personal industrial and commercial business
license or other certificates for business operation as well as going through the formalities of registration under the related provisions
of the competent department of commerce under the State Council and obtaining the right to conduct foreign trade .
(2)
In case a personal industrial and commercial household entrusts an enterprise with foreign trade qualification to conduct the import
business, he/she shall purchase foreign exchange by presenting the agency contract (agreement) on import concluded between it and
the agency enterprise, and the purchased foreign exchange shall be directly transferred to the agency enterprises foreign exchange
account under the current account through his/her foreign exchange settlement account.
In case a personal industrial and commercial household entrusts an enterprise with foreign trade qualification to conduct the export
business, he/she may handle the collection or settlement of foreign exchange through his/her foreign exchange settlement account.
The settlement of foreign exchange shall be handled by presenting the agency contract (agreement) on export concluded between it
and the agency enterprise and the export goods declaration form of the agency enterprise. The agency enterprise may take the collection
notice of the personal industrial and commercial household as the voucher for verification and writing-off, after it reports the
name, account number and other materials of the personal industrial and commercial household required as necessary for verification
and writing-off to the foreign exchange department of the place where it is located for record
(3)
An overseas personal shall conduct the settlement of foreign exchange under the item of tourism and shopping by presenting his/her
valid identity certificate and his/her declaration form of tourism and shopping.
Article 10
With regard to a domestic personal, if the amount involved in the non-business settlement of foreign exchange under the current account
is more than the total annual amount, he/she shall handle it at a bank by presenting his/her valid identity certificate and the evidential
materials as follows:
(1)
donation: the notarized donation contract or agreement. The donation shall comply with the related provisions;
(2)
alimony: linear relative relationship certificate or notarized support relationship certificate and the related certificates on the
income of the overseas payer, such as the bank deposit certificate and the receipt of tax payment for personal income, etc;
(3)
income from inheritance of legacy: legal instrument or notarization on inheritance of legacy;
(4)
income from insurance of foreign exchange: insurance contract and the payment certificate of the insurance institution. Applying for
foreign exchange insurance shall comply with the related provisions of the state.
(5)
income from royalties and fees for exclusive rights: payment certificate, agreement or contract;
(6)
income from providing legal, accounting, consulting and public relation services: payment certificate, agreement or contract;
(7)
emolument of employees: employment contract and income certificate;
(8)
income from abroad investment: certificate on foreign exchange registration for abroad investment, resolution on profit distribution,
dividend payment letter or other income certificates;
(9)
others: the related certificates and payment vouchers.
Article 11
As respect to an overseas individual, if the amount involved in the non-business settlement of foreign exchange under the current
account is more than the total annual amount, he/she shall handle it at a bank by presenting his/her valid identity certificate and
the evidential materials as follows:
(1)
expenditure for house rent and so on: the house-leasing contract as registered at the house management department, invoice or payment
advice;
(2)
expenditure for personal consumption: the related contracts or invoices;
(3)
expenditure for medical care and learning: charging certificates of domestic hospitals (schools);
(4)
other expenditures: the related certificates and payment vouchers.
In case the amount involved in any single transaction of the settlement of foreign exchange mentioned above exceeds USD 50,000 for
the equivalent, the RMB capital obtained from such settlement shall be directly transferred to the domestic RMB account of the counterpart
of the transaction.
Article 12
With respect to a domestic individual, if the amount involved in the non-business purchase of foreign exchange under the current
account is more then the total annual amount, he/she shall deal with it at a bank by presenting his/her valid identity certificate
and the related evidential materials indicating the trading volume.
Article 13
An overseas individual shall purchase foreign exchange with legal income of RMB under the current account and reconvert the RMB unused
into foreign currency under the rules as follows:
(1)
with regard to the legal income of RMB under the current account gained by an overseas individual within the borders, he/she shall
purchase foreign exchange by presenting his/her valid identity certificate and the related evidential materials indicating the trading
volume (inclusive of tax voucher).
(2)
an individual shall reconvert the RMB converted by him/her but unused into foreign currency by presenting his/her valid identity certificate
and the original exchange memo, the validity term of the original exchange memo is 24 months from the exchange date; if the total
amount converted by an individual in a same day is not more than the amount equivalent to USD500 (including USD500) or the total
amount converted by an individual in a same day at the premises within the boundaries but outside the customs before his/her leaving
is not more than the amount equivalent to USD1000 (including USD1000), he/she may deal with it by presenting his/her valid identity
certificate.
Article 14
In case a domestic individual remits foreign exchange abroad for expenses under the current account, he/she shall handle it under
the rules as follows:
In case the total amount of the foreign exchange remitted abroad from his/her foreign exchange savings account in a same day does
not exceed the amount equivalent to USD50, 000 (including USD 50,000), he/she shall deal with it at a bank by presenting his/her
valid identity certificate; if the total amount is more than the aforesaid amount, he/she shall handle it by presenting the authentic
voucher under the current account indicating the trading volume.
In case the total amount of the foreign currency banknotes held by an individual and remitted abroad dose not exceed the amount equivalent
to USD10, 000 (including USD 10,000), he/she shall deal with it at a bank by presenting his/her valid identity certificate; if the
total amount is more than the aforesaid amount, he/she shall handle it by presenting the authentic voucher under the current account
indicating the trading volume, the Customs Luggage Declaration Form of the People’s Republic of China for Incoming Passengers signed
and sealed by the customs or his/her bank form for the withdrawal of foreign currency banknote of the original bank of deposit.
Article 15
An overseas individual shall remit abroad foreign exchange under the current account at a bank under the rules as follows:
(1)
in case the foreign exchange remitted abroad is from his/her foreign exchange savings account, he/she shall deal with it by presenting
his/her valid identity certificate;
(2)
in case the foreign exchange remitted abroad is foreign currency banknotes held by the individual, where the total amount remitted
in a same day does not exceed USD10,000 (including USD10,000), he/she shall deal with it by presenting his/her valid identity certificate;
where the total amount is more than the aforesaid amount, he/she shall also provide the Customs Luggage Declaration Form of the People’s
Republic of China for Incoming Passengers signed and sealed by the customs or his/her bank form for the withdrawal of foreign currency
banknote of the original deposit bank .
Chapter III Administration of the Personal Foreign Exchange under the Capital Account
Article 16
A domestic individual shall make overseas direct investment under the related provisions of the state. With regard to the needed
foreign exchange, he/she may purchase foreign exchange or remit abroad his/her self-owned foreign exchange upon the approval of the
local foreign exchange department and shall conduct the corresponding formalities for the registration of foreign exchange for investing
abroad.
In case a domestic individual or an overseas individual who habitually resides within borders of China sets up or controls an overseas
special purpose company and makes return investment, the foreign exchange income and expenditure involved shall be handled under
the related provisions of the Circular of the State Administration of Foreign Exchange on Related Matters about Foreign Exchange
Administration for Domestic Residents to Engage in Financing and Return Investment through Overseas Special Purpose Companies.
Article 17
A domestic individual may use foreign exchange or RMB to make such financial investment as overseas regular earnings or rights and
interests and so on, through qualified domestic institutional investors including banks and fund management companies.
Article 18
In case a domestic individual takes part in such foreign exchange business as the employee stock ownership plan or stock option plan
of an overseas listed company, such foreign exchange business involved may not be handled until the listed company or its domestic
agency has filed a uniform application and has been approved by the foreign exchange department.
The foreign exchange incomes gained by a domestic individual from the sale of the stocks under the employee stock ownership plan or
stock option plan of an overseas listed company and those from dividend may be settled or transferred to the employees’ personal
foreign exchange savings accounts after being remitted to the domestic special foreign exchange account that is opened by the listed
company or its domestic agency.
Article 19
In case a domestic individual pays for any foreign exchange insurance premium to a domestic insurance institution whose foreign exchange
insurance business has been approved, he/she shall handle the procedures for the purchase and payment of foreign exchange by presenting
the insurance contract and the advise of payment sent by the insurance institution.
The insurance money, which is compensated or paid to a domestic individual beneficiary under the item of foreign exchange insurance,
may be deposited into his/her foreign exchange savings account or may be settled.
Article 20
In case a domestic individual emigrating abroad transfers abroad his/her domestic properties existing before obtaining the identity
of legal immigrant or a foreign citizen transfers abroad the domestic legacies he/she has inherited under law, he/she shall handle
it under the related provisions of the Interim Measures for Administering the Sale and Payment of Foreign Exchanges Owing to the
Transfer of Personal Properties to Foreign Countries.
Article 21
In case an overseas personal purchases or sells any commercial house within China or merges a domestic enterprise of real estate
through transferring stock equity, the foreign exchange involved shall be administered in light of the Circular of the Construction
Department and the State Administration of Foreign Exchange Concerning Some Matters on Regulating the Administration of Foreign Exchange
in the Real Estate Market and other related provisions.
Article 22
An overseas individual may invest in domestic B shares under the related provisions; if he/she invests in any other financial products
that are issued and circulated domestically, he/she shall deal with it through a qualified overseas institutional investor.
Article 23
Under the convertibility progress of RMB under the capital account, the administration on granting loans to overseas individuals,
borrowing foreign debts, providing external guarantee and directly conducting transactions involving overseas commodity futures or
financial derivative products by domestic individuals shall be loosened step by step, and the detailed measures shall be set down
separately.
Chapter IV Administration of Personal Foreign Exchange Accounts and Foreign Currency Banknotes
Article 24
The foreign exchange departments shall administer personal foreign exchange accounts and foreign currency banknotes in light of the
category of the parties concerned and the nature of the transactions involved. A bank shall, when opening a foreign exchange account
for an individual, distinguish between a domestic individual and an overseas individual. The accounts may be classified into foreign
exchange settlement account, foreign exchange savings account and capital account in light of the nature of the transactions involved.
Article 25
A foreign exchange settlement account means an account opened by a personal foreign trade operator or personal industrial and commercial
household to conduct foreign exchange revenue and expenditure related to business under the current account. Its opening, use and
closing shall be administered as those of the account of an institution.
Article 26
For opening a foreign exchange savings account at a bank, an individual shall present his/her valid identity certificate, and the
name of the account shall be identical with that indicated in his/her valid identity certificate.
Article 27
For opening a special investment account for foreign investors, a special account for a special purpose company, a special account
for investment and merger or any other foreign exchange accounts under the capital account, or when transferring the capital in such
account domestically or remitting it abroad, an individual shall obtain the approval of the foreign exchange department.
Article 28
The domestic transfer of the capital in an personal foreign exchange savings account shall be handled under the rules as follows:
(1)
the capital transfer between the accounts of the same individual shall be dealt with by presenting his/her valid identity certificate;
(2)
the capital transfer between the account of an individual and that of his/her linear relative shall be dealt with by presenting the
valid identity certificates of the both parties and the certificate concerning their linear relative relationship;
(3)
the capital transfer between the account of a domestic individual and that of an overseas individual shall be treated as a cross-border
transaction for administration.
Article 29
Capital in foreign exchange settlement account and foreign exchange savings account of the same individual may be transferred each
other, but the capital transferred from the foreign exchange savings account to the foreign exchange settlement account may only
used for the foreign payment of the transferring day and may not be settled after the transfer is made.
Article 30
In case the total amount of foreign currency banknotes withdrawn by an individual does not exceed the amount equivalent to USD10,
000 (including USD10, 000), he/she may handle it directly at a bank; if the total amount is more than the aforesaid amount, he/she
shall report it to the local foreign exchange department for record in advance by presenting his/her valid identity certificate and
the evidential materials regarding the withdrawn purpose. The bank shall, upon the strength of his/her valid identity certificate
and the Filing Form for the Withdrawal of Foreign Currency Banknotes (see Appendix 1), handle the formalities for withdrawing foreign
currency banknotes for the individual.
Article 31
In case an individual deposits foreign currency banknotes into his/her foreign exchange savings account, where the total amount deposited
in a same day is not more than the amount equivalent to USD50, 000 (including USD50, 000), he/she may handle it directly at a bank;
if it is more than the aforesaid amount, he/she shall handle it at a bank by presenting his/her valid identity certificate, the Customs
Luggage Declaration Form of the People’s Republic of China for Incoming Passengers signed and sealed by the customs or his/her bank
form for the withdrawing foreign currency banknote of the original deposit bank . The bank shall mark the name of the deposit bank,
the amount deposited and the deposit date on the related vouchers.
Chapter V Personal Foreign Exchange Sale and Settlement Management Information System
Article 32
A bank qualified to operate foreign exchange sale and settlement business as well as accessing and using the personal foreign exchange
sale and settlement system may handle the business of personal foreign exchange sale and settlement directly through this system.
Article 33
For applying for accessing personal the foreign exchange sale and settlement system, a bank, either its headquarters or any of its
branches, shall meet the technical conditions for the access of the personal foreign exchange sale and settlement system (see Appendix
2), have trained technical personnel and business operators and be able to maintain the normal operation of the system.
Article 34
A bank shall fill in the bank outlets information registration form of the personal foreign exchange sale and settlement system and
apply for accessing to the system to the foreign exchange department. The foreign exchange department shall approve the application
upon confirming it as competent.
Article 35
All the businesses of personal foreign exchange sale and settlement handled by a bank shall be incorporated into the personal foreign
exchange sale and settlement system except under the following circumstances:
(1)
the foreign exchange sale and settlement happens at foreign currency exchange outlets;
(2)
the foreign exchange settlement is handled through bank counters and the amount thereof is less than that equivalent to USD100 (including
USD100), including foreign exchange settlement of tail series and foreign exchange settlement of transferring interest, etc;
(3)
the foreign exchange settlement for domestic consumption is handled through foreign currency cards:
(4)
RMB banknotes is withdrawn at self-service banks with overseas cards; or
(5)
domestic cards are used overseas and repaid by purchasing foreign exchange overseas.
Article 36
When handling foreign exchange sale and settlement business for an individual, a bank shall follow the following process:
(1)
to inquire about the situation of foreign exchange sale and settlement of this individual through the personal foreign exchange sale
and settlement system;
(2)
to check and verify the evidential materials presented by this individual;
(3)
to record the business data on foreign exchange sale and settlement into the personal foreign exchange sale and settlement system
sum by sum; and
(4)
to print the Letter of Notice on Foreign Exchange Settlement/Purchase through the personal foreign exchange sale and settlement system
and maintain it as accounting voucher for future reference.
Article 37
The foreign exchange department shall take charge of checking and verifying the normative of the business operations of the banks
within its jurisdiction and the integrity and accuracy of the business data recorded.
Chapter VI Supplementary Provisions
Article 38
In case an individual entrusts his/her linear relative to deal with the purchase or settlement of foreign exchange within the total
annual amount, he/she shall present the valid identity certificates of both the entrusting party and the entrusted party, letter
of authority issued by the entrusting party and certificate on the linear relative relationship; if he/she entrusts other person
to deal with it on behalf o him/her under any other circumstance, he/she shall provide the related evidential materials prescribed
in the present Detailed Rules, in addition to the valid identity certificates of both the entrusting party and the entrusted party
and the letter of authority.
Linear relatives shall include parents, children and spouses. Certificate on linear relative relationship means the household register
or marriage certificate, which may prove the linear relative relationship, or any other valid certificate on linear relative relationship
issued by such governmental grass-root organizations as sub-district office, the public security department or the notarization department.
Article 39
If any bank or individual violates any provision of the Measures for the Administration on Individual Foreign Exchange and the present
Detailed Rules, it/he shall be punished by the foreign exchange department under the Regulations of the People’s Republic of China
on Foreign Exchange Control and other related provisions; if it is not explicitly provisioned in the Regulations of the People’s
Republic of China on Foreign Exchange Control or any other related provisions, a fine of not more than 30,000 Yuan shall be imposed
upon a bank and a fine of not more than 1000 Yuan upon an individual.
Article 40
The State Administration of Foreign Exchange shall be responsible for interpreting the present Detailed Rules.
Article 41
The present Detailed Rules shall go into effect as of February 1, 2007.
Appendix 1
Appendix 1:
Filing Form for the Withdrawal of Foreign Currency Banknotes
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Name |
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Nationality |
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Type
of Certificate and No. |
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Type
of Currency to Be Withdrawn and the Amount |
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Name
of the Bank |
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Account Number |
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Withdrawing Purpose |
Circular of the Ministry of Construction and the Ministry of Commerce Concerning the Printing and Distribution of the Detailed Rules
for the Implementation of the Provisions on Administering Foreign-invested Construction Engineering Design Enterprises
Jian Shi [2007] No.18
The construction departments of all provinces and autonomous regions, construction commissions of all municipalities directly under
the Central Government (Beijing Municipal Planning Commission), the competent commerce departments of all provinces, autonomous regions,
municipalities directly under the Central Government and cities specifically designated in the state plan, the related departments
under the State Council, the construction bureau and commerce bureau of Xinjiang Production and Construction Corps., the engineering
bureau of the capital construction barracks department of the general logistics department of the Chinese People’s Liberation Army,
the enterprises governed by the State-owned Assets Supervision and Administration Commission of the State, and the related industrial
associations:
For the purpose of implementing the Provisions on Administering Foreign-invested Construction Engineering Design Enterprises (Order
No.114 of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation), the Ministry of Construction
and the Ministry of Commerce jointly enacted the Detailed Rules for the Implementation of the Provisions on Administering Foreign-invested
Construction Engineering Design Enterprises. Hereby we print and distribute the present Detailed Rules to you for your earnest implementation.
In case you have any problem or suggestion in the implementing process, please promptly contact the Construction Market Management
Department under the Ministry of Construction and the Foreign Investment Management Department under the Ministry of Commerce.
The Ministry of Construction of the People’s Republic of China
The Ministry of Commerce of the People’s Republic of China
January 5, 2007
Detailed Rules for the Implementation of the Provisions on Administering Foreign-invested Construction Engineering Design Enterprises
In order to implement the Provisions on Administering Foreign-invested Construction Engineering Design Enterprises (Order No.114 of
the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation) (hereinafter referred to as Provisions),
the present Detailed Rules are formulated.
1.
Procedure for application for the qualification of foreign-invested construction engineering design enterprise, and its acceptance
as well as examination and approval
In case a foreign-invested construction engineering design enterprise files an application for the qualification of construction engineering
design enterprise for the first time after obtaining the business license for enterprise as legal person, or for the upgrading, degrading,
adding new item, change or writing-off, etc, of the qualification it obtained, the application, its acceptance, examining and approving
procedure as well as examining standards shall be conducted under Article 7 of the Provisions, the provisions on the management
of construction engineering design qualification and the present Detailed Rules.
2.
Conditions for checking and verifying the qualification of foreign-invested construction engineering design enterprise
The qualification of foreign-invested construction engineering design enterprise shall be checked and verified according to the standards
for the qualification of construction engineering design enterprise, and the following requirements shall also be met:
(1)
The foreign service provider shall be an enterprise engaging in construction engineering design in the country or region at its locality
or a natural person obtaining the related certified practicing qualification. Particularly, with regard to a foreign enterprise,
it shall have achievements in the construction engineering design field in the country or region at its locality; with regard to
a natural person, he/she shall be a certified architect or certified engineer engaging in construction engineering design in his/her
host country.
(2)
In case a foreign-invested construction engineering design enterprise files an application for the qualification of engineering design
for the first time, its foreign service provider (foreign investment party) shall provide two engineering design achievements or
more that are completed beyond the borders of China, among which, no less than one shall be completed in the country or region at
its locality; if it applies for the upgrading of its obtained qualification, it shall provide the engineering design achievements
that are completed within or beyond the borders of China after obtaining the qualification of engineering design, among which, no
less than two shall be completed within the borders of China.
(3)
In case a foreign-invested construction engineering design enterprise hires any foreign certified architect or certified engineer
as major professional technical personnel for it when applying for the qualification of construction engineering design enterprise,
it is not required to examine his/her professional and technical post_titles when examining his/her qualification, it is only necessary
to examine his/her educational background, the years he/she has been engaging in the engineering design practice, his/her certified
qualification in the foreign country as well as his/her achievements and reputation in the engineering design field. Simultaneously,
one certified architect or certified engineer may only be hired by one engineering design enterprise and shall obtain the Employment
Permit of the People’s Republic of China for Foreign Nationals as issued by the related department under the Chinese Government,
or Employment Permit for Personnel From Hong Kong, Macao and Taiwan in terms of a service provider from Hong Kong, Macao or Taiwan.
His/her certified qualification that has been obtained in the foreign country shall be verified by the practicing qualification registration
center of the Ministry of Construction. Particularly, he/she shall have an educational background of university or higher, 10 years
of practical experience of engineering design or more, his/her major shall meet the requirements on the corresponding major professional
technical personnel of the Standards for Engineering Design Qualification; his/her personal achievements completed beyond the borders
of China shall be examined when an enterprise applies for the qualification for the first time.
(4)
In case a foreign-invested construction engineering design enterprise fails to meet the requirement as specified in Article 15 of
the Provisions at present, it may hire Chinese certified architects or certified engineer to meet the requirement on the number of
foreign service providers who have obtained the qualification of Chinese certified architect or certified engineer; it may also hire
professional technical personnel with Chinese nationality to meet the requirement on the number of foreign service providers having
related professional experience in engineering design.
(5)
In case a foreign service provider fails to meet the requirement on residence time as provisioned in Article 16 of the Provisions
at present, it is not required to examine.
(6)
Any foreign-invested construction engineering design enterprise is forbidden to apply for the qualification of engineering design
involving special industries or fields such as the national security and confidentiality of China.
3.
Application materials for the qualification of foreign-invested construction engineering design enterprise
The application materials for the qualification of foreign-invested construction engineering design enterprise shall be provided according
to the provisions of Article 11 and Article 12 of the Provisions, with regard to Paragraph 6 stipulating that: Other materials
as required by the provisions on administrating the qualification of construction engineering design enterprise, the present materials
shall also meet the following requirements in addition to meeting the requirement on the standards for the qualification of construction
engineering design enterprise:
(1)
materials in respect of the achievements completed by the foreign service provider beyond the borders of China:
(a)
the engineering design achievements as provided by a foreign enterprise shall be the engineering projects that are constructed by
this enterprise upon the strength of the contracts signed with the owners in the name of the enterprise and have been accomplished
with satisfactory quality. The content of an engineering project shall cover the name, place and scale of the project, etc, and the
real object photos and the related documentary evidences shall also be attached. See Appendix 1 for the concrete requirements on
documentary evidences.
(b)
the engineering design achievements of a certified architect or certified engineer shall be the engineering projects that are accomplished
with the architect or engineer as the person in charge or a professional person in charge and have been finished with satisfactory
quality. The content of an engineering project shall cover the name, place and scale of the project, etc, and the real object photos
and the related documentary evidences shall be attached as well. See Appendix 2 for the specific requirements on documentary evidences.
(2)
related materials in respect of the certified qualification of a certified architect or certified engineer
(a)
valid academic certificate;
(b)
registered certificate of certified architect or certified engineer;
(c)
evidence on his/her compliance with professional ethics as issued by the society (association, administrative organ of registration,
etc) to which he/she belongs;
(d)
Employment Permit of the People’s Republic of China for Foreign Nationals or Employment Permit for Personnel from Hong Kong, Macao
and Taiwan.
4.
Miscellaneous
In case any construction engineering design enterprise is set up with investments from investors of Hong Kong SAR, Macao SAR and Taiwan
Region in any other province, autonomous region or municipality directly under the Central Government, it shall be governed by the
present Detailed Rules by analogy.
The present Detailed Rules shall go into effect as of its promulgation.
Appendix 1: Evidences on the Achievements Completed by Foreign Service Providers (Enterprises) beyond the Borders of China (Omitted)
https://www.cin.gov.cn/indus/file/200701310301.doc
Appendix 2: Evidences on the Achievements Completed by Foreign Service Providers (Individuals) beyond the Borders of China (Omitted)
https://www.cin.gov.cn/indus/file/200701310302.doc
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The Ministry of Construction, the Ministry of Commerce
2007-01-05
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Circular of the Ministry of Commerce on Printing and Distributing the Measures for Evaluating and Protecting Brands in the Commercial
Field (for Trial Implementation)
Shang Fa Fa [2006] No.703
The competent administrations of commerce in each province, autonomous region, municipality directly under the Central Government,
city specifically designated in the state plan and Xinjiang Production and Construction Corps.:
In order to implement the spirit of the 16th National Congress of the CPC and the Central Economic Working Conference of 2006 and
carry out the Outline of the Eleventh Five-year Plan for the National Economic and Social Development, the Ministry of Commerce boosts
the work of brand construction in the commercial field in an all-round way by taking Brand-oriented March as the cut-in point
and through establishing four systems, that is , evaluation, promotion, improvement and protection of brand. This is an important
measure for the Ministry of Commerce to carry out the scientific view of development in the commercial field and build an innovation-oriented
country, an inevitable choice to transfer the growth mode of trade and elevate the international competitiveness of the industries,
and an objective demand to enlarge domestic demand and improve the people’s quality of life at the same time.
Evaluation and protection of brand is an important component part of the work of brand construction in the commercial field. In order
to regulate the activities of brand evaluation in the commercial field and enhancing brand protection, the Ministry of Commerce instituted
the Measures for Evaluating and Protecting Brands in the Commercial Field (for Trial Implementation) and hereby prints and distributes
the Measures to you for your earnest compliance and implementation.
The Ministry of Commerce
January 8, 2007
Measures for Evaluating and Protecting Brands in the Commercial Field (for Trial Implementation)
Article 1
The present Measures are formulated For the purpose of promoting the transformation of trade growth mode, effectively increasing
trade efficiency, promoting the implementation of brand strategies as well as regulating and enforcing evaluation and protection
of brands in the commercial field.
Article 2
The Ministry of Commerce shall, within its scope of powers endowed by the State Council, be in charge of uniformly carrying out the
work in respect of evaluation and protection of brands in the commercial field.
Article 3
The competent administrations of commerce in each province, autonomous region, municipality directly under the Central Government,
city specifically designated in the state plan and Xinjiang Production and Construction Corps (hereinafter referred to as local competent
administrations of commerce), national industrial associations and import-export chambers (hereinafter referred to as industrial
organizations) shall be in charge of the work of applying and recommending the related brands of the local places and the same industries
under the provisions of the present Measures and carry out the work regarding promotion, improvement, protection and social investigation
of brands within their respective scope of powers.
Article 4
Evaluation of brands in the commercial field shall be based on the market performances of a brand in both domestic and overseas markets,
represent the recognition, selection, use, appraisement and feedback of its users and embody its capacities of market competition
and value creation as well as the potential of long-term development.
Article 5
Evaluation of brands in the commercial field shall take the voluntary application of an enterprise as the premise, employ the mechanism
of application by enterprises, model evaluation through model, assessment by experts, confirmation by market and issuance by governments,
as well as abide by the principles of science, impartiality, objectiveness and selection of the best.
Article 6
When applying for a brand in the commercial field, the following conditions shall be met:
(1)
the applicant enterprise is set up within the territory of China in accordance with law and legally exists, participates of its own
free will and agrees to comply with all provisions and requirements of the Ministry of Commerce concerning evaluation and protection
of brands;
(2)
the brand under application is created within the territory of China, its ownership belongs to the applicant enterprise, it has been
used for three years or more, has been registered as a trademark or has obtained the legal protection of equal validity in the major
markets domestically and overseas, and the place for its first registration as a trademark is China;
(3)
the brand under application is a brand of enterprise, product or service with relatively strong market competitiveness, influence
and fairly high popularity, whose quality has reached the leading level of China or the advanced level of the world, who has relatively
strong capacities of independent innovation and sustainable development and has obtained recognition of the market, general public
and vast number of users;
(4)
the economic and social performances of the applicant enterprise is good, both the gross incomes from sales and the brand’s capacity
of making profits (the proportion of the net profit on the sales of products and services under the brand to the gross cost for sales)
rank top in this industry;
(5)
the related brand products and services and the applicant enterprise itself comply with the provisions of the related state laws and
regulations on industry, safety, sanitation, environmental protection and social liability etc..
Article 7
The Ministry of Commerce shall carry out evaluation of brands regularly; issue a notice concerning evaluation of brand in the commercial
field in advance specifying the scope, procedures and period for the current evaluation.
Article 8
An applicant enterprise shall fill in the application papers according to the facts, supply actual, valid and integrated materials
for evidences and necessary channels for verification, and submit them to the competent administration of commerce of its locality
or to the related industrial organizations within the fixed period.
The local competent administrations of commerce or industrial organizations shall examine and verify the authenticity, validity and
integrity of the application materials of the participating brands in the current places or industries, propose its recommending
opinions and submit the application materials to the Ministry of Commerce within the provisioned time limit.
Article 9
The Ministry of Commerce may, according to the demands of the evaluation work, entrust professional institutions to conduct verification,
sorting out and comprehensive measurement and calculation on all indices and data of the participating brands, set up several expert
working groups to verify and evaluate the participating brands and entrust professional fact-finding organs and public media to carry
out social investigation on the participating brands.
Article 10
The Ministry of Commerce shall publicize the list of brands to be evaluated to the general public, grant corresponding brand post_titles
and use rights of brand marks to enterprises in accordance with the publication situation and publicize the related situation to
the general public.
Article 11
In case an enterprise, which has obtained a brand post_title as granted by the Ministry of Commerce, seriously injures the rights and
interests of the consumers, has any great quality problem or safety accident, severely impairs intellectual property right of any
other person, seriously disrupts the market order or obtains the brand post_title by illegal means such as falsification, the Ministry
of Commerce shall revoke the related brand post_title of the enterprise and may not accept its application for participating in evaluation
of brands for one to three years.
Article 12
Activities of brand evaluation in the commercial field shall accept supervision of all circles in the society. No entity or individual
may, by taking advantage of this opportunity, charge any fee against any participating enterprise or conduct any profit-making activity.
Article 13
When any organ or personnel participating in the brand evaluation work of the Ministry of Commerce conducts the evaluation work,
it/he shall follow the related provisions and procedures, and shall bear the obligation of keeping confidential the business and
technical secrets for the participating enterprises.
Article 14
Any entity or individual, when finding any violation of laws or regulations in the work of brand evaluation in the commercial field,
may complain or pick up it to the Ministry of Commerce or the local competent administrations of commerce. The complainant or informer
shall provide materials in written form, show the authentic identity and provide necessary materials for evidence.
Article 15
In case of any infringement upon the right to enterprise post_title, right to the exclusive use of a registered trademark, patent right,
copyright or any other intellectual property right of a brand granted by the Ministry of Commerce, any act of unfair competition
against a brand granted by the Ministry of Commerce or any dispute over domain name of a brand granted by the Ministry of Commerce,
it shall be dealt with under the related laws and regulations of the state.
Cooperating with the administrative departments concerned, the Ministry of Commerce shall intensify its efforts in protecting the
brands granted by the Ministry of Commerce under the provisions of the preceding paragraph and transfer any entity or individual
to the judicial authority for disposal under law, in case it/he is suspected of being involved in any crime.
Article 16
In case any import goods injures any intellectual property right of any brand granted by the Ministry of Commerce and harms the foreign
trade order, the Ministry of Commerce shall, under the Foreign Trade Law of the People’s Republic of China, take such measures as
prohibition from importation.
In case the patent right, trademark right or copyright of any brand granted by the Ministry of Commerce is injured in any economy
and technology trade exhibition, trade fair, exposition, exhibition or any other activity, the Ministry of Commerce shall, in conjunction
with the related departments, dispose it under the Measures for Protecting Intellectual Property Rights During Exhibitions.
Article 17
The Ministry of Commerce shall set up and perfect a pre-warning system for protecting overseas intellectual property rights so as
to intensify the overseas protection of the brands granted by the Ministry of Commerce.
Article 18
By cooperating with the business offices of the embassies located abroad, the Ministry of Commerce shall set up an overseas service
platform for intellectual property rights and provide service of public information consultation for the overseas protection of the
brands granted by the Ministry of Commerce.
Article 19
The Ministry of Commerce shall encourage and help enterprises to handle trademark registration, patent application or copyright registration
relevant to the brands granted by the Ministry of Commerce in other countries and regions, and shall take proper measures to support
the enterprises to protect their lawful rights and interests in other countries and regions by legal means.
Article 20
In case any intellectual property right of a brand granted by the Ministry of Commerce is injured or the brand suffers any unfair
competition, the enterprise may complain or pick up it to the related department, the local service center for protection of intellectual
property or the Ministry of Commerce. The local service center or the Ministry of Commerce shall transfer it to the related department
and keep track on and feed back the disposal of the case.
In case any intellectual property right of a brand granted by the Ministry of Commerce is injured abroad, the enterprise may response
the situation to the business office of the embassy located in this foreign country, the Ministry of Commerce or the overseas commercial
complaint service center for Chinese enterprises under the Ministry of Commerce.
Article 21
An enterprise, which obtains a brand granted by the Ministry of Commerce, shall actively carry out intellectual property construction,
increase its input in intellectual property, actively protect its lawful rights and interests, enforce management on brands and maintain
the image of the brand granted by the Ministry of Commerce.
Article 22
In case a brand granted by the Ministry of Commerce is transferred, pledged, evaluated and contributed as investment, it shall be
fairly evaluated by an evaluation organ that is correspondingly qualified and the transaction shall be reported to the Ministry of
Commerce for record within 30 days as of the conclusion of corresponding contract.
In case the actual control power of the enterprise that obtains a brand granted by the Ministry of Commerce is transferred as a result
of merger or acquisition, the related parties shall report this situation to the Ministry of Commerce.
Article 23
The brand mark as mentioned in Article 10 shall belong to the Ministry of Commerce. A brand enterprise may use this mark on the
products and services on which a brand post_title has been granted and their packages, decorations, instructions, ads, and other related
materials. Any brand mark may be forged, sold or falsely used by any entity or individual.
Article 24
In case any entity or individual charges any fee or carries out any profit-making activity in the name of brand evaluation in the
commercial field with violation of the provisions of Article 12 , the Ministry of Commerce shall warm it/him and order him/ it to
make corrections within a fixed time limit; if the circumstance is serious, the related department shall impose administrative or
criminal punishment upon him/it under law.
Article 25
In case any organ or person participating in the work of brand evaluation conducted by the Ministry of Commerce fails to abide by
the related provisions and procedures of brand evaluation with violation of the provisions of Article 13 , his/ its qualification
for participating in evaluation work shall be revoked. In case any organ or person commits any fraud for selfish purposes, abuses
the authority or neglects its/his duties, an administrative punishment shall be given to him/it under law; if a crime is constituted,
criminal liabilities shall be investigated under law.
Article 26
If a transaction of brand is not evaluated or reported to the Ministry of Commerce for record with violation of the provisions in
Article 22 , the Ministry of Commerce shall give an admonition to the violator and order the related parties to make corrections;
if the circumstance is serious, the corresponding brand post_title shall be canceled.
Article 27
In case any entity, with violation of the provisions in Article 23 , extends the use scope without authorization or uses a brand
mark granted by the Ministry of Commerce on other products, services and their packages, decorations, instructions, ads, and the
related materials, the Ministry of Commerce shall give an admonition to it and order it to make corrections within a fixed time limit;
if it fails to do so, its corresponding brand post_title shall be canceled.
In case any entity, with violation of the provisions in Article 23 , forges, sells or falsely uses any brand mark granted by the Ministry
of Commerce, the Ministry of Commerce shall give an admonition to it or impose upon it a fine of not more than 30,000 Yuan, order
it to make corrections within a fixed time limit and subject it to corresponding legal liabilities under law.
Any application for participating in brand evaluation in the commercial, which is field by an entity within two years as of the occurrence
of its illegal act, may not be accepted.
Article 28
In case any entity or individual refuses to accept the administrative punishment made by the Ministry of Commerce, it/he may apply
for administrative review under laws or initiate an administrative lawsuit before a people’s court.
Article 29
The present Measures shall enter into force as of its printing and distribution.
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