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ANNOUNCEMENT NO. 26, 2007 OF MINISTRY OF COMMERCE ON PROMULGATING EXPORT LICENCE APPLICATION STANDARDS AND RELATED ISSUES ON NATURAL SAND

Announcement No. 26, 2007 of Ministry of Commerce on Promulgating Export Licence Application Standards and Related Issues on Natural
Sand

[2007] No. 26

The mainland export enterprises qualified for the Export Licence Application Standards of Natural Sand could apply for the Export
Licence of Natural Sand (See Appendix for details) with designated licensing institutions of Ministry of Commerce.

The natural sand mentioned in this Announcement means the commodity under Tariff No. 25051000 and 25059000 in the 2007 Customs Tariff
of Import and Export of the People’s Republic of China.

This Announcement shall be put into effect as from March 25, 2007.

Appendix: Export Licence Application Standards and Related Issues on Natural Sand

Ministry of Commerce

March 12, 2007



 
The Ministry of Commerce
2007-03-12

 






CIRCULAR OF CHINA SECURITIES REGULATORY COMMISSION ABOUT THE CENTRALIZED REGISTER AND CUSTODY OF NON-OVERSEAS LISTED SHARES OF OVERSEAS LISTED COMPANIES

Circular of China Securities Regulatory Commission about the Centralized Register and Custody of Non-overseas Listed Shares of Overseas
Listed Companies

Zheng Jian Guo He Zi [2007] No.10

All overseas listed companies:

With a view to protecting the legitimate rights and interests of investors, intensifying the management of overseas listed companies,
improving the management of stock rights relating to the non-overseas listed shares of overseas listed companies and ensure the orderly
transfer of shares, we hereby render a circular in respect of the following matters about the centralized register and deposit of
non-overseas shares of overseas listed companies:

1.

The present Circular applies to the centralized register and custody of non-overseas listed shares of overseas listed companies which
have not publicly issued RMB common stocks within the territory of China. Where an overseas listed company has publicly issued RMB
common stocks within the territory of China, the register and custody of its non-overseas listed companies shall be governed by the
provisions on the register and deposit of RMB common stocks.

2.

The non-overseas listed shares of overseas listed companies shall be registered and be in the custody of China Securities Depository
and Clearing Corporation Limited in a centralized manner. China Securities Depository and Clearing Corporation Limited shall process
the matters about the centralized register and deposit of non-overseas listed shares of overseas listed companies according to its
operation rules.

3.

Where an overseas listed company launches initial public offerings outside the territory of China, it shall register and place all
its non-overseas listed shares in the custody of China Securities Depository and Clearing Corporation Limited and submit to this
Commission a written report on the result of centralized register and custody of its non-overseas listed shares and as well as about
the current listing of stocks within 15 working days after it gets listed outside the territory of China.

4.

A company listed outside the territory of China prior to the issuance of the present Notice shall complete the centralized register
and custody of its non-overseas listed shares prior to June 30, 2007.

5.

The term “overseas listed company” as mentioned herein means domestic stock limited companies issuing overseas-listed foreign capital
stocks. The term “non-overseas listed shares” as mentioned herein means domestic capital stocks, unlisted foreign capital stocks
and other non-overseas listed shares of overseas companies.

6.

The present Circular shall enter into force as of the promulgation date.

Appendix: Detailed Rules of China Securities Depository and Clearing Corporation Limited about Register and Custody of Non-overseas
Listed Shares of Overseas Listed Companies(Omitted)

China Securities Regulatory Commission

March 28, 2007



 
China Securities Regulatory Commission
2007-03-28

 






MEASURES FOR CHARGING ENTRY-EXIT INSPECTION AND QUARANTINE FEES

State Development and Reform Commission, Ministry of Finance

Circular of the State Development and Reform Commission and the Ministry of Finance on Printing and Distributing the Measures for
Charging Entry-Exit Inspection and Quarantine Fees

FaGaiJiaGe [2003] No. 2357

The planning commissions (development and reform commissions), price bureaus, finance departments (bureaus) of all provinces, autonomous
regions, and municipalities directly under the Central Government, and the State Administration of Quality Supervision, Inspection
and Quarantine:

With a view to strengthening the administration on charging entry-exit inspection and quarantine fees, guaranteeing the lawful rights
and interests of the entry-exit inspection and quarantine institutions and the fee payers, we have, according to the actual circumstance
of the present work of import and export commodity inspection, of frontier health quarantine, and of entry-exit animal and plant
quarantine, formulated the uniform measures for charging inspection and quarantine fees, which are printed and hereby distributed
to you. Please comply with and carry them out.

State Development and Reform Commission

Ministry of Finance

December 31st, 2003

Measures for Charging Entry-Exit Inspection and Quarantine Fees

Article 1

The present Measures are formulated in accordance with the Law of the People’s Republic of China on Import and Export Commodity Inspection
and the Regulation for the Implementation Thereof, the Law of the People’s Republic of China on Entry-Exit Animal and Plant Quarantine
and the Regulation for the Implementation Thereof, the Law of the People’s Republic of China on Frontier Health and Quarantine and
the Detailed Rules for the Implementation Thereof, the Food Hygiene Law of the People’s Republic of China, and other relevant laws
and regulations, with a view to strengthening the administration on charging entry-exit inspection and quarantine fees, guaranteeing
the lawful rights and interests of the entry-exit inspection and quarantine institutions (hereinafter referred to as the inspection
and quarantine institutions) and the fee payers.

Article 2

The present Measures shall be applied to the inspection and quarantine institutions at all levels and their subordinate public institutions,
as well as the consignors related to entry and exit, their agents and other related entities and individuals (hereinafter referred
to as entry/exit-related persons).

Article 3

The inspection and quarantine institutions shall lawfully carry out inspections, quarantine, survey and other similar inspection and
quarantine business on persons, goods, means of transportation and containers of entry or exit, and other statutory objects to be
inspected and quarantined (hereinafter uniformly referred to as statutory objects to be inspected and quarantined), and charge fees
according to the present Measures and the charging rates for entry-exit inspection and quarantine as prescribed in the present Measures
(hereinafter referred to as the present Measures and the charging rates thereof).

Article 4

The entry-exit inspection and quarantine fees shall be calculated by Yuan in Renminbi, with the amount below 1 Yuan being rounded
off.

Where any fee calculated according to the present Measures and the charging rates thereof is less than the minimum amount, it shall
be charged in accordance with the minimum amount.

Article 5

Where a charging rate is based on the value of goods, the fees shall be charged on the basis of the total value of goods specified
in the letter of credit, invoices and contract on the trade of goods of entry or exit, or on the basis of the price valuated by the
customs.

Article 6

An inspection and quarantine institution shall regard “a batch” as a unit for calculation of the goods of entry or exit. “A batch”
means the goods of the same commodity name, coming from or having been carried to the same place, or the same consignee or consignor
at the same time with the same means of transportation. The goods carried by more than one carriage of a train, if the aforementioned
conditions are met, shall be considered as a batch. The goods of more than one variety and commodity name, which are consolidated
into a single container, if the aforementioned conditions are met, shall also be considered as a batch.

Article 7

Where the same batch of goods involve more than one item of inspection and quarantine business, the fees shall be separately calculated
and accumulatively charged in light of the actual work of the inspection and quarantine business, with the inspection and quarantine
as an item, the quantity and weight as an item, the survey of packing as an item, the laboratory inspection as an item, the property
survey as an item, the safety monitoring as an item, and the quarantine treatment as an item.

The goods inspection and quarantine fees shall be divided into the fees for quality inspection, for clinic animal quarantine, for
on-the-spot plant quarantine, for animal and plant product quarantine, for food and food processing equipment sanitary inspection
and for quarantine, be separately calculated and accumulatively charged.

Article 8

Where an inspection and quarantine institution draws samples from the goods of entry or exit under statutory inspection and quarantine
according to the relevant operational rules on inspection and quarantine or clauses on inspection and quarantine to represent the
whole batch for inspection, the fees shall be charged as a whole batch.

Article 9

The goods quality inspection fees shall be calculated by different means of quality inspection. If the goods are inspected by the
inspection and quarantine institution, the quality inspection fee shall be charged at the full amount. If, however, the goods are
inspected by the inspection and quarantine institution jointly with other relevant entities (including arrangement for the inspection),
the quality inspection fee shall be charged at 50% of the chargeable amount.

The survey fee for the weight of goods shall be calculated by different means of survey. If the weight is inspected by the inspection
and quarantine institution, the weight survey fee shall be charged at the full amount. If, however, the inspection and quarantine
institution only supervises the weight survey (including the weight survey by the inspection and quarantine institution without the
weight survey equipment), the weight survey fee shall be charged at 50% of the chargeable amount.

Article 10

The quality inspection fee for the goods of exit that are processed from imported materials shall be calculated and charged at 70%
of the charging rate.

Where no quality inspection is to be carried out on the goods of entry that are processed from supplied materials, no quality inspection
fee shall be charged. The quality inspection fee for the goods of exit that are processed from supplied materials shall be calculated
and charged at 70% of the charging rate.

Article 11

Where an inspection and quarantine institution carries out a type test on exported goods according to the relevant provisions, it
shall charge the type test fee according to the present Measures and the charging rates thereof. The quality inspection fee for the
exported goods whose type test has been completed shall be calculated and charged at 70% of the charging rate.

Article 12

For the quality inspection, weight survey and packing use survey of the dangerous articles, poisonous and harmful goods, and the survey
of the shipment conditions of the means of transportation that carries the aforementioned goods, the fees shall be doubled according
to those under the present Measures and the charging rates thereof.

Article 13

Where the unit price of a kind of valuable and rare metal of entry or exit exceeds 20,000 Yuan per kilogram, the excessive part shall
be exempted from quality inspection fee.

Article 14

Where the inspection and quarantine fees for the same batch of goods exceed 5,000 Yuan, the excessive part shall be charged at 80%.

Article 15

Where the total value of each batch of goods of entry or exit is less than 2,000 Yuan, such goods shall be exempted from quality inspection
fee, and only the cost of certificate (document) production shall be charged. If any other inspection and quarantine operation is
involved, the corresponding fees shall be charged according to the provisions.

Article 16

Under any of the following circumstances, the inspection and quarantine institution may charge additional laboratory inspection fee
and survey fee:

(1)

It is prescribed in the present Measures and the standards for the charging rates thereof that the laboratory inspection fee and the
survey fee shall be charged additionally;

(2)

It is required by a foreign government or a bilateral (multi-lateral) agreement or by the entry/exit-related person that items of
inspection or survey other than those specified in the operational rules on inspection and quarantine shall be added;

(3)

It is prescribed in laws or regulations or rules of the State Administration of Quality Supervision, Inspection and Quarantine that
items of inspection or survey other than those specified in the operational rules on inspection and quarantine shall be added, and
it’s explicitly required that fees be charged additionally.

Article 17

Where an object of entry or exit under statutory inspection and quarantine that has been inspected and quarantined is under any of
the following circumstances, the inspection and quarantine institution shall, after a new application for inspection and quarantine
has been filed and such an object has been re-inspected and re-quarantined, charge the related fees additionally according to the
present Measures and the charging rates thereof:

(1)

The importing or destination country (region) has modified the inspection and quarantine requirements;

(2)

The packing of goods or the consolidated goods are changed;

(3)

The validity period for inspection and quarantine or the time limit in the certificate (list) for export has expired;

(4)

It is found during port inspection that the goods do not conform to the documents or the batch numbers are in disorder, and they need
to be cleaned up once again.

Article 18

With respect to the exported goods that have been inspected and quarantined by the inspection and quarantine institution and have
been defined as unqualified, and for which a notice of disqualification has been issued, the inspection and quarantine fees shall
be charged at full amount. However, if, upon consent of the inspection and quarantine institution, the entry/exit-related person
has processed and cleaned up the unqualified goods once again, and the inspection and quarantine institution again inspects and quarantines
such goods, the fees shall be charged at half of the amount.

Article 19

Where an inspection and quarantine institution entrusts an inspection institution or any other testing entity, whose eligibility has
been recognized by the State Administration of Quality Supervision, Inspection and Quarantine, to inspect a statutory object to be
inspected and quarantined, the inspection fees shall be paid by the inspection and quarantine institution. After that the inspection
and quarantine institution may charge fees from the entry/exit-related person according to the present Measures and the charging
rates thereof.

Article 20

Where it is prescribed in laws or administrative regulations that certain goods of entry or exit are to be inspected by the relevant
inspection entity, and the inspection and quarantine institution issues a certificate upon strength of the inspection result, the
inspection and quarantine institution may only charge the cost of production of the issued certificate (list), and shall not charge
the inspection fees or any other fees.

Article 21

Where a port inspection and quarantine institution inspects the replacement of a certificate upon the strength of the certificate-replacement
list issued by the inspection and quarantine institution at the place of origin, it may only charge the cost of production of the
issued certificate (list), and shall not charge the inspection fees or any other fees.

Article 22

For the transit of plants or animal or plant products, the inspection and quarantine institution at the port of entry only needs to
quarantine the means of transportation and the packing, and charge the fees for inspection and quarantine of the means of transportation
or the packing according to the provisions. If it is required by relevant laws or administrative regulations that a plant or an animal
or plant product is to be quarantined by means of sampling, the fees shall be chargedaccording to the present Measures and the charging
rates thereof.

For the transit of animals, the quarantine fees shall be charged in light of the actual inspection and quarantine requirements, and
the charging rates for animal quarantine.

Article 23

Where an inspection and quarantine institution carries out a sanitary supervision inspection on imported foods, food additives, food
containers, packing materials, food instruments or equipment, or the detergent, disinfectant, etc. for foods or food instruments
or equipment (including the aforementioned goods that are processed from supplied materials, exported under buy-back agreement or
sold in duty-free shops), it shall charge the fees for sanitary inspection of the foods or food processing equipment according to
the present Measures and the charging rates thereof.

Where a single variety of food is imported at a quantity of not more than 100 tons or non-singular variety of foods at a quantity
of not more than 500 tons, the fees shall be calculated and charged at the charging rates for small batches of foods.

Article 24

For the inspection and quarantine of small amounts of frontier trade with the value of each batch not more than 100,000 Yuan, the
fees shall be calculated and charged at 70% of the charging rates prescribed in the present Measures. For the inspection and quarantine
of small amounts of frontier trade fees with the value of each batch not more than 50,000 Yuan, the fees shall be calculated and
charged at 50% of the charging rates prescribed in the present Measures.

Article 25

When an entry/exit-related person cancels an inspection or quarantine due to certain reasons, and the inspection and quarantine institution
has not begun the inspection or quarantine, no fees shall be charged. If the inspection and quarantine institution has carried out
the inspection or quarantine, the fees shall be calculated and charged at 100% of the charging rates. If the inspection or quarantine
is cancelled because of the liability of the inspection and quarantine institution, no fees shall be charged.

Article 26

An entry/exit-related person shall, according to the relevant laws, regulations, the present Measures and the charging rates thereof,
pay the inspection and quarantine fees at full amount in good time. Within 20 days as of the issuance of a charging notice by the
inspection and quarantine institution, the entry/exit-related person shall pay off all the fees. If he fails to pay off the fees
within the time limit, an overdue payment fine at a rate of 5 thousandth of the unpaid amount per day shall be imposed since the
21st day.

Article 27

The inspection and quarantine institution shall charge fees strictly according to the present Measures and the charging rates thereof,
apply for the charging permit in the designated competent department of price, and issue the receipts in use as prescribed by the
Ministry of Finance.

Article 28

Each inspection and quarantine institution shall publicize the charging items and charging rates, accept the inspection and supervision
by competent departments of price and that of finance, may not discretionally increase or reduce the charging items, or discretionally
raise or lower the charging rates, or charging fees repeatedly.

Article 29

The present Measures shall be implemented on April 1st, 2004. Any relevant previous provisions on charging entry-exit inspection and
quarantine fees, which are inconsistent with the present Measures, shall all be abolished.

Annex 1: “Charging Rates for Entry-Exit Inspection and Quarantine” (Omitted)

Annex 2: “Charging Rates for the Relevant Laboratory Test Items and Survey Items on Entry-Exit Inspection and Quarantine” (Omitted)

Annex 3: “Charging Rates for Entry-Exit Inspection and Quarantine, Quarantine Treatment, etc.” (Omitted)



 
State Development and Reform Commission, Ministry of Finance
2003-12-31

 






CIRCULAR OF THE MINISTRY OF COMMERCE ON ENTRUSTING WEIHAI ECONOMIC-TECHNOLOGICAL AREA TO EXAMINE, APPROVE AND ADMINISTER THE RELEVANT WORK ON FOREIGN-INVESTED ENTERPRISES IN SOME SERVICE TRADE SECTORS

Circular of the Ministry of Commerce on Entrusting Weihai Economic-Technological Area to Examine, Approve and Administer the Relevant
Work on Foreign-invested Enterprises in Some Service Trade Sectors

Shang Zi Han [2007] No. 13

Weihai Municipal People’s Government and Weihai Economic-Technological Area,

Pursuant to Some Opinions on Further Promoting the Development Level of National Economic and Technical Development Zones (Guo Ban
Fa [2005] No. 15) as forwarded by the General Office of the State Council to the Ministry of Commerce, the Ministry of Land and Resources
and the Ministry of Construction as well as the provisions of the Ministry of Commerce on the authorized examination, approval and
administration of foreign-funded enterprises, the Ministry of Commerce has finished the archival filing, examination and approval
of the management systems of all the national economic and technological development zones and the connected network for examination
and approval of foreign capital. The related matters are hereby notified as follows:

1.

Upon research, we hereby authorize the Management Committee of Weihai Economic-Technological Area to be responsible for examining,
approving and administrating the foreign-funded enterprises in related service trade sectors set up inside its zone for the purpose
of encouraging and supporting the national economic and technological development zones to vigorously develop the high value-added
service industries.

2.

The Management Committee of Weihai Economic-Technological Area shall, in strict accordance with the laws and regulations on foreign
investments as well as the related provisions on foreign-funded enterprises of non-vessel shipping, construction, printing, construction
engineering design, road transport, commerce and international freight forwarding (see appendix), carefully examine and approve the
related foreign-funded enterprises set up within its zone, and report the related problems found in the work to the Ministry of Commerce
in a timely manner. The Ministry of Commerce shall implement the inspection of the aforesaid examination, approval and administration,
and cancel the authorization to a national economic and technological development zone which commits illegal examination and approval
during the course of authorization.

3.

The Management Committee of Weihai Economic-Technological Area shall conduct a good job in examination and approval, archival filing
and statistical work in strict accordance with the requirements of the Ministry of Commerce for networking and online joint annual
inspection and by taking advantage of the networking certification system for foreign-funded enterprises. The related statistical
data shall be in line with the requirements so that the Ministry of Commerce can keep informed of the situation and strengthen supervision.

4.

Weihai Economic-Technological Area, the management system of which needs to be improved, has not set up an independent finance department
yet. Weihai Economic-Technological Area shall keep a close eye on and further resolve the problems in the management system, keep
a concise and efficient management system, and improve the level for examining, approving and administrating the foreign-funded enterprises.
Where any management system problem that may affect the work on examining, approving and administrating the foreign-funded enterprises
is found, this Ministry will withdraw the authorized power of examination, approval and administration immediately.

5.

This circular shall enter into force as of the promulgation date.

Ministry of Commerce

February 12, 2007
Appendix:
Related documents on entrusting the competent provincial departments of commerce to examine, approve and Administer foreign-funded
service trade Enterprises

1.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Foreign-funded
Non-vessel Shipping Enterprises (Shang Zi Han [2005] No. 89)

2.

Circular of the Ministry of Commerce on Entrusting the Provincial Administrative Departments of Commerce to Examine, Approve and Administer
the foreign-funded Construction Enterprises (Shang Zi Han [2005] No. 90)

3.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and
Administer the Foreign-funded Printing Enterprises (Shang Zi Han [2005] No. 91)

4.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and
Administer the Foreign-funded Designing Enterprises for Engineering Projects (Shang Zi Han [2005] No. 92)

5.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Some Foreign-funded
Road Transport Enterprises (Shang Zi Han [2005] No. 93)

6.

Circular of the Ministry of Commerce on Entrusting Local Departments to Check Foreign-funded Commercial Enterprises (Shang Zi Han
[2005] No. 94)

7.

Circular of the Ministry of Commerce about the related Issues on Entrusting National Economic and Technical Development Zones to Examine
and Approve foreign-funded Commercial Enterprises and International Freight Forwarding Enterprises (Shang Zi Han [2005] No. 102)

8.

Measures for the Administration of Foreign-funded International Freight Forwarding Enterprises (Decree No. 19, 2005 of the Ministry
of Commerce)



 
Ministry of Commerce
2007-02-12

 






ANNOUNCEMENT ON THE SECOND NEGOTIATED BIDDING OF TEXTILES EXPORTED TO EU & THE USA OF 2007

Announcement on the Second Negotiated Bidding of Textiles Exported to EU & the USA of 2007

In accordance with the regulations in the Measures for Administration on Textile Export (Provisional) (hereinafter referred to as
the Measures) , Category 4, Category 5, Category 6, Category 7, Category 26, Category 31 exported to EU and Category 338/339, Category
340/640, Category 347/348, Category 349/649, Category 638/639, Category 647/648 and Category 847 exported to the USA in 2007 shall
implement negotiated bidding. Matters of concern are listed as follows:

Negotiated Bidding Gross in 2007 and the Amount of Second Negotiated Bidding

See Appendix 1 for the specific amount of Second Negotiated Bidding in 2007. With Romania and Bulgaria’ s official entry into the
EU on January 1st, 2007, the contract number of the 10 categories of textiles and clothing products exported to EU in 2007 is raised.

Negotiated Bidding Qualification and Available Amount

Qualification: The scaled enterprises with export achievements of the above-mentioned categories could participate this bidding.

Available Amount:

USA: In accordance with 2006 achievement got from export to USA and Article 11 and Article 12 of the Measures, get the available
amount of 2007, then deduct the bid-winning amount in the first bidding and get the available amount of this negotiated bidding.

EU: In accordance with 2006 achievement, of every enterprises, got from export to 25 member states of EU and Article 11 and Article
12 of the Measures, get the available amount of 2007.

The export achievement of Romania and Bulgaria shall not be included in the achievements of non-limited states (regions).

See Appendix 1 for the detailed minimum bidding amounts.

The Export Achievement

The export achievement of enterprises shall be calculated in accordance with Article 9 of the Measures.

Besides, bidding qualification auditing, export achievement auditing shall be conducted.

The available amount (maximum bidding amount) of the enterprises shall be promulgated online at www.mofcom.gov.cn, www.ccct.org.cn
or www.ec.com.cn on about April 2nd to April 6.

The Second Negotiated Bidding shall adopt the electronic bidding mode. The Electronic Bid Documents shall be submitted to the Bidding
Office between 9am of April 9 and 9pm of April 12. And the full amount of bid bond of the enterprises shall be submitted to the designated
bank.

The primary bid-winning matters shall be promulgated at www.ccct.org.cn on April 23. The formal bid-winning results shall be promulgated
at www.mofcom.gov.cn.

All the local departments of commercial administration shall be responsible for this negotiated bidding. Related policies and information
shall be promulgated at www.mofcom.gov.cn, www.ccct.org.cn and www.ec.com.cn.

Tel of the Bidding Office: 010-67739327, 67739213, 67739208

Fax: 010-67719297

Tel of China International Electronic Commerce Centre: 010-67870108

Fax: 010-67800343

Appendix:

1.

Amount, Price and Minimum Bidding Amount of Negotiated Bidding

2.

Export Achievement List of Enterprises (Customs Stat.)

3.

Export Achievement List of Enterprises (Adjusted)

4.

Achievement List of Enterprises on the Export to Romania and Bulgaria

5.

Operation Guidance on Electronic Bidding Technology

Ministry of Commerce

March 13, 2007



 
The Binding Committee of the Ministry of Commerce for Exporting Textiles
2007-03-13

 






ANNOUNCEMENT NO.29, 2007 OF MINISTRY OF COMMERCE ON NAME ALTERATION OF KOREAN ENTERPRISES IN COATED FREE SHEET PAPER ANTI-DUMPING CASE

Announcement No.29, 2007 of Ministry of Commerce on Name Alteration of Korean Enterprises in Coated Free Sheet Paper Anti-dumping
Case

[2007] No.29

Ministry of Commerce of the People’s Republic of China released Announcement No 35, 2003 on Aug 6, 2003, deciding to impose anti-dumping
duties on coated free sheet paper originated from Korea and Japan.

MOORIM PAPER CO., LTD. and MOORIM SP CO., LTD put forward applications to Ministry of Commerce on Feb 1, 2007, claiming that the former
Shin Moorim Paper Mfg. Co., Ltd. changed its name into MOORIM PAPER CO., LTD on Jul 21, 2006, and the former Moorim Paper Mfg. Co.,
Ltd. change its name into MOORIM SP CO., LTD. on Jun 8, 2006, and applying to succeed the anti-dumping duty rate of relevant enterprises
before name alteration.

In line with investigation, Ministry of Commerce decides:

1.

MOORIM PAPER CO., LTD. shall succeed the anti-duping duty rate applicable to the former Shin Moorim Paper Mfg. Co., Ltd., namely 4%;

2.

MOORIM SP CO., LTD. shall succeed the anti-duping duty rate applicable to the former Moorim Paper Mfg. Co., Ltd., namely 4%;

3.

As from release of this announcement, companies that export in names of Shin Moorim Paper Mfg. Co., Ltd. and Moorim Paper Mfg. Co.,
Ltd. shall pay anti-dumping duties of 51%, which is applicable to other Korean companies.

This announcement shall take effect as from Mar 30, 2007.

Ministry of Commerce

Mar 29, 2007



 
Ministry of Commerce
2007-03-29

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING MATTERS RELATED TO STRENGTHENING THE ADMINISTRATION OF THE SPECIAL BILL OF PAYMENT OF IMPORT VAT AND THE INVOICE OF WASTE MATERIAL

The State Administration of Taxation

Circular of The State Administration of Taxation Concerning Matters Related to Strengthening the Administration of the Special Bill
of Payment of Import VAT and the Invoice of Waste Material

Guo Shui Han[2004]No.128

January 21, 2004

To the national taxation bureaus of all the provinces, autonomous regions and municipalities directly under the State Council and
cities with separate plans under the state plan,

In order to crack down the illegal activity of tax evasions by using the Special Bill of Payment of Import VAT and the invoice of
waste material, to strengthening the administration and supervision of VAT and to plug the tax leak, the State Administration of
Taxation (hereinafter refer to as SAT) promulgate the Measures on audit the Special Bill of Payment of Import VAT and the Measures
on audit the invoice of waste materials to you departments now, and the concerning matters are hereby notified as follows:

1.

It is presently an important measure of strengthening the administration of VAT and of plugging tax leaks to strengthen the administration
and supervision of the Special Bill of Payment of Import VAT and the invoice of waste material. After the promulgating of this circular,
all the bureaus and offices of SAT shall convene the special meeting to assign the tasks, to comprehensively spread the spirit of
this circular, to train the competent officials and taxpayers so that the policy can be fully implemented.

2.

In order to meet the need of one-window contrasting of the 4 sorts of non-VAT-invoice including the invoice of waste materials, the
custom duty payment certificate, the receipt of primary product purchasing and the invoice of transportation cost, it is decided
to alter the content of reporting form specified in the Measure of Tax Declaration of Normal VAT Taxpayers as follows:

(1)

Adjust the column 5 of the Annex II of Tax Return of VAT to ” among them: Custom duty payment certificate”. This column reflects specifically
the deducted purchasing tax amount declared with the custom duty payment certificate according to the laws and regulations of the
imported goods of the taxpayers, including the goods of the tax rate of 17% and 13%

(2)

Adjust the column 6 of the Annex II of Tax Return of VAT to “the receipt of primary product purchasing and normal invoice”. This column
reflects specifically the deducted purchasing tax amount declared with the receipt of primary product purchasing and normal invoice
according to the laws and regulations because of the purchasing of the tax-free primary products of the taxpayers.

(3)

Adjust the column 7 of the Annex II of Tax Return of VAT to “the invoice of waste materials”. This column reflects specifically the
deducted purchasing tax amount declared with the normal invoice according to the laws and regulations because of the purchasing of
the waste materials of the taxpayers.

(4)

Adjust the column 8 of the Annex II of Tax Return of VAT to “the invoice of transportation cost”. This column reflects specifically
the deducted purchasing tax amount declared with the normal invoice of transportation cost according to the laws and regulations
because of the purchasing of the taxpayers

3.

The SAT will promulgate the provisions on the matters of information collection, audit and check of the custom duty payment certificate
and the invoice of waste material later.

4.

The questions in the course of implement of this circular shall be reported to the national taxation bureau at the provincial level,
and then be consulted and reflected to the State Administration of Taxation.

Linkman:

Liu Feng, Office of Invoice Tax Control, Department of Circulation Tax 010-63417700

Gong Bin, Office of audit and evaluation, Department of Circulation Tax 010-63417797

Liu Hao, Office of VAT, Department of Circulation Tax 010-63417705

5.

This circular shall go into effect as of February 1, 2004

Annex I:Measures on Audit of Special Bill of Payment of Import VAT

1.

After getting all the Special Bill of Payment of Import VAT (hereinafter referred to as the custom duty payment certificate) to deduct
the VAT, the normal VAT payers shall fill the detailed list of deduct (Appendix I ) one by one according to the custom duty payment
certificate, and shall report them with the tax return simultaneously at the time of VAT declaration. The taxpayers are allowed to
offer the paper documents of the detailed list of deduct of the custom duty payment certificate only when they declare in February
(those who miss the period of declaration shall re-offer after the period of the month), and from March, the taxpayers shall offer
the paper documents and the software or other memory medium that record the electronic data of the detailed list of deduct at the
same time. The purchasing tax amount shall not be deducted if the mentioned documents are not offered. The very certificate cannot
be used to deduct the purchasing tax amount if the detailed list of deduct of the custom duty payment certificate was not filled
or not totally filled according to the related regulations.

2.

The information collection software of the detailed list of deduct of custom duty payment certificate shall be unified tapped by the
SAT, and shall be freely provided to the taxpayers by the competent tax authority. The national tax bureaus and taxpayers can download
the software from the website of the State Administration of Taxation (https://chinatax.gov.cn) after February 25.

3.

The custom duty payment certificate that obtained after February 1, 2004 shall be declared to deduct before the deadline of the first
declaration period after 90 days of the obtain of the certificate, and shall not deduct any purchasing tax amount after the deadline.
The custom duty payment certificate that obtained before January 31, 2004 must be declared to deduct before the declaration period
of May, 2004, and it can not be used to deduct any purchasing tax amount after the period.

4.

The competent tax authority shall do the following audit in the procedure of VAT declaration.

(1)

To audit whether there is data in the column 5 of the Annex II of the VAT Tax Return and to audit the offer of the deduct list if
there is any data.

(2)

To audit whether the deduct list of the custom duty payment certificate is fully filled.

(3)

To audit whether the data in the column of Tax amount in the deduct list equals to the data in the column of Tax amount of the custom
duty payment certificate in the Annex II of the VAT Tax Return.

The competent tax authority shall demand the taxpayers to re-offer the related documents or to redeclare after amending the related
data if it was found out that the taxpayer did not offer the deduct list or there exist problem after the audit.

5.

The normal VAT taxpayers are allowed not to offer the deduct list if they do not obtain the current custom duty payment certificate.

Annex IIMeasures on auditing the invoice of waste materials

1.

The unit managing the recycling of wasted materials (hereinafter refer to as waste-units) shall fill one by one the detailed list
of waste materials (hereinafter refer to as the detailed list of making) according to the normal invoices of selling the materials,
and shall offer it in accordance with the VAT tax return in the course of VAT declaration. The taxpayers are allowed to offer the
paper documents of the detailed list only when they declare in February (those who miss the period of declaration shall re-offer
after the period of the month), and from March, the taxpayers shall offer the paper documents and the software or other memory medium
that record the electronic data of the deduct list at the same time.

2.

The waste-unit shall tap the finance stamp and the stamp of the invoice maker when they make the normal invoice in the course of selling
the waste materials. The normal VAT taxpayers of manufacturing units cannot deduct the purchasing tax amount with the invoice that
has no stamp of the invoice maker.

3.

After getting all the invoice of waste materials to deduct the VAT, the normal VAT payers shall fill the deduct bill of invoice of
waste materials (appendix 3, hereinafter refer to as the detailed list of deduct) one by one according to the invoice, and shall
offer them with the tax return simultaneously at the time of VAT declaration. The taxpayers are allowed to offer the paper documents
of the deduct list only when they declare in February (those who miss the period of declaration shall re-offer after the period of
the month), and from March, the taxpayers shall offer the paper documents and the software or other memory medium that record the
electronic data of the deduct list at the same time. The purchasing tax amount shall not be deducted if the mentioned documents are
not offered. The very certificate cannot be used to deduct the purchasing tax amount if the deduct list was not filled or not totally
filled according to the related regulations.

4.

The information collection software of the detailed list of deduct and the detail list of making shall be unified tapped by the State
Administration of Taxation, and shall be freely provided to the taxpayers by the competent tax authority. The national tax bureaus
and taxpayers can download the software from the website of the State Administration of Taxation (https://chinatax.gov.cn) after February
25.

5.

The invoice of waste materials made after March 1, 2004 shall be declared to deduct before the deadline of the first declaration period
after 90 days of the making of the invoice, and shall not deduct any purchasing tax amount after the deadline. The invoice of waste
materials made before March 1, 2004 must be declared to deduct before the declaration period of June, 2004, and it can not be used
to deduct any purchasing tax amount after the period.

6.

The invoice of waste materials without the stamp of invoice maker that made before March 1, 2004 being holding by the manufacturing
units is allowed to deduct the purchasing tax amount, and the column of ID of Sell Taxpayer and the column of No. of the Competent
Tax Authority of the Sell Taxpayer are allowed not to be filled temporarily.

7.

The detailed list of making and the detailed list of deduct are allowed not to be offered to the competent tax authority in the case
of the waste-unit did not make the invoice of waste materials and the normal VAT taxpayers did not obtain the invoice.

8.

The competent tax authority shall do the following audit in the procedure of VAT declaration.

(1)

To audit the declaration of the waste-unit

i.Whether the detailed list of making is fully filled

ii. Whether the data in the item of Total Amount in the column of Invoice Amount in the detailed list of making equals to or less
than the data in the item of Saleroom of Tax-free Goods in the column 16 Making Normal Invoice in the Annex I of the VAT tax return

(2)

To audit the declaration of the obtain of the invoice of waste materials

i. Whether there is data in the column 7 Invoice of waste materials and whether offer the detailed list of deduct if there is data

ii. Whether the detailed list of deduct is fully filled

iii. whether the data in the column of Invoice Amount and column of Deduct Tax Amount is equals to the data In the column 7 Invoice
of waste materials of the Annex II of VAT tax return

The competent tax authority shall demand the taxpayers to re-offer the related documents or to re- declare after amending the related
data if it was found out that the taxpayer did not offer the detailed list of making and the detailed list of deduct or there exist
problem after the audit.

9.

The waste-unit that be proved to falsely making the invoice of waste materials will not apply the policy of exempt VAT, and will be
punished by the competent tax authority in accordance with the related laws and regulations.

Annex: the sample of the stamp of invoice maker (omitted)



 
The State Administration of Taxation
2004-01-21

 






CIRCULAR OF THE MINISTRY OF COMMERCE ON ENTRUSTING XIAOSHAN ECONOMIC-TECHNOLOGICAL AREA TO EXAMINE, APPROVE AND ADMINISTER THE RELEVANT WORK ON FOREIGN-INVESTED ENTERPRISES IN SOME SERVICE TRADE SECTORS

Circular of the Ministry of Commerce on Entrusting Xiaoshan Economic-Technological Area to Examine, Approve and Administer the Relevant
Work on Foreign-invested Enterprises in Some Service Trade Sectors

Shang Zi Han [2007] No. 16

Xiaoshan Municipal People’s Government and Xiaoshan Economic-Technological Area,

Pursuant to Some Opinions on Further Promoting the Development Level of National Economic and Technical Development Zones (Guo Ban
Fa [2005] No. 15) as forwarded by the General Office of the State Council to the Ministry of Commerce, the Ministry of Land and Resources
and the Ministry of Construction as well as the provisions of the Ministry of Commerce on the authorized examination, approval and
administration of foreign-funded enterprises, the Ministry of Commerce has finished the archival filing, examination and approval
of the management systems of all the national economic and technological development zones and the connected network for examination
and approval of foreign capital. The related matters are hereby notified as follows:

1.

Upon research, we hereby authorize the Management Committee of Xiaoshan Economic-Technological Area to be responsible for examining,
approving and administrating the foreign-funded enterprises in related service trade sectors set up inside its zone for the purpose
of encouraging and supporting the national economic and technological development zones to vigorously develop the high value-added
service industries.

2.

The Management Committee of Xiaoshan Economic-Technological Area shall, in strict accordance with the laws and regulations on foreign
investments as well as the related provisions on foreign-funded enterprises of non-vessel shipping, construction, printing, construction
engineering design, road transport, commerce and international freight forwarding (see appendix), carefully examine and approve the
related foreign-funded enterprises set up within its zone, and report the related problems found in the work to the Ministry of Commerce
in a timely manner. The Ministry of Commerce shall implement the inspection of the aforesaid examination, approval and administration,
and cancel the authorization to a national economic and technological development zone which commits illegal examination and approval
during the course of authorization.

3.

The Management Committee of Xiaoshan Economic-Technological Area shall conduct a good job in examination and approval, archival filing
and statistical work in strict accordance with the requirements of the Ministry of Commerce for networking and online joint annual
inspection and by taking advantage of the networking certification system for foreign-funded enterprises. The related statistical
data shall be in line with the requirements so that the Ministry of Commerce can keep informed of the situation and strengthen supervision.

4.

Xiaoshan Economic-Technological Area, the management system of which needs to be improved, has not set up an independent finance department
yet. Xiaoshan Economic-Technological Area shall keep a close eye on and further resolve the problems in the management system, keep
a concise and efficient management system, and improve the level for examining, approving and administrating the foreign-funded enterprises.
Where any management system problem that may affect the work on examining, approving and administrating the foreign-funded enterprises
is found, this Ministry will withdraw the authorized power of examination, approval and administration immediately.

5.

This circular shall enter into force as of the promulgation date.

Ministry of Commerce

February 12, 2007
Appendix:
Related documents on entrusting the competent provincial departments of commerce to examine, approve and Administer foreign-funded
service trade Enterprises

1.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Foreign-funded
Non-vessel Shipping Enterprises (Shang Zi Han [2005] No. 89)

2.

Circular of the Ministry of Commerce on Entrusting the Provincial Administrative Departments of Commerce to Examine, Approve and Administer
the foreign-funded Construction Enterprises (Shang Zi Han [2005] No. 90)

3.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and
Administer the Foreign-funded Printing Enterprises (Shang Zi Han [2005] No. 91)

4.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and
Administer the Foreign-funded Designing Enterprises for Engineering Projects (Shang Zi Han [2005] No. 92)

5.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Some Foreign-funded
Road Transport Enterprises (Shang Zi Han [2005] No. 93)

6.

Circular of the Ministry of Commerce on Entrusting Local Departments to Check Foreign-funded Commercial Enterprises (Shang Zi Han
[2005] No. 94)

7.

Circular of the Ministry of Commerce about the related Issues on Entrusting National Economic and Technical Development Zones to Examine
and Approve foreign-funded Commercial Enterprises and International Freight Forwarding Enterprises (Shang Zi Han [2005] No. 102)

8.

Measures for the Administration of Foreign-funded International Freight Forwarding Enterprises (Decree No. 19, 2005 of the Ministry
of Commerce)



 
Ministry of Commerce
2007-02-12

 






MEASURES FOR EXAMINING DRUG ADVERTISEMENTS

Decree of the State Food and Drug Administration and the State Administration of Industry and Commerce

No.27

The Measures for Examining Drug Advertisements have been deliberated and adopted by the State Food and Drug Administration and the
State Administration of Industry and Commerce of the People’s Republic of China They are hereby promulgated by the sequence number
of the order of the State Food and Drug Administration, and shall go into effect as of May 1, 2007.
Director of the State Food and Drug Administration, Shao Mingli

Director of the State Administration of Industry and Commerce, Zhou Bohua

March 13, 2007

Measures for Examining Drug Advertisements

Article 1

According to the Advertising Law of the People’s Republic of China (hereinafter referred to as Advertising Law), the Drug Administration
Law of the People’s Republic of China (hereinafter referred to as Drug Administration Law), the Rules for Implementing the Drug Administration
Law of the People’s Republic China (hereinafter referred to as Rules for Implementing the Drug Administration Law) and other related
state provisions on the supervision and administration of ads and drugs, the present Measures are enacted with a view to strengthening
the administration of drug advertisements (hereinafter referred to as drug ads) and guaranteeing the authenticity and legality of
drug ads.

Article 2

All the ads containing drug names, applicable diseases (functions and indications) or other drug-related content and published through
various mediums or in various forms belong to drug ads and shall be examined under the present Measures.

As regards a nonprescription drug ad that only publicizes the name of the drug (including the general name and commodity name) or
a prescription drug ad that only publicizes the name of the drug (including the general name and commodity name) on designated professional
publications of medicine science and pharmacy, the examination is not required.

Article 3

A drug ad for being examined may not pass the examination unless it complies with the following laws, regulations and related provisions:

(1)

Advertising Law;

(2)

Drug Administration Law;

(3)

Rules for Implementing the Drug Administration Law;

(4)

Standards for Examining and Issuing Drug Ads;

(5)

Other state provisions on administrating ads.

Article 4

The drug administrative departments of the provinces, autonomous regions and municipalities directly under the Central Government
shall be the examination organs of drug ads and shall, within their respective administrative regions, take charge of examining the
drug ads. The administrative departments of industry and commerce at or above the county level shall be the supervisory and administrative
organs of drug ads.

Article 5

The State Food and Drug Administration shall conduct guidance and supervision over the examination work of drug ads as made by the
examination organs of drug ads, and shall, according to law, punish the examination organs for any violation of the present Measures.

Article 6

Only a qualified manufacturing or trading enterprise of the drug may file an application for a drug license number. In case a trading
enterprise files such application, the consent of the manufacturing enterprise shall be obtained.

An applicant may entrust an agent to deal with the application matters for a drug ad license number on behalf of it.

Article 7

An application for a drug ad license number shall be filed with the examination organ of drug ads at the locality of the manufacturing
enterprise of the drug.

An application for the ad license number of an import drug shall be filed with the examination organ of drug ads at the locality of
the agency of the import drug.

Article 8

For applying for a drug ad license number, an applicant shall provide a Drug Ad Examination Form (Attached List 1), with the electronic
document of the sample manuscript (film or tape) consent with the content to be published and that of the application form for drug
ad attached, and, meanwhile, provide the following true, legal and effective evidentiary documents:

(1)

Photocopy of the Business License of the applicant;

(2)

Photocopy of the Drug Manufacturing License or Drug Trading License of the applicant;

(3)

In case the applicant is a trading enterprise of the drug, the original evidentiary document on the fact that the manufacturing enterprise
agrees to its status as applicant shall be submitted;

(4)

Where the applicant entrusts an agent to apply for a drug ad license number, the original authorization letter produced by the applicant
and the photocopy of the agent’s business license and other evidentiary documents on the agent’s subject status shall be provided;

(5)

Photocopies of the drug approval certificates (including Registration Certificate for Import Drug and Registration Certificate for
Medical Product), photocopy of the approved drug instructions as well as the label and instructions actually used;

(6)

As regards a nonprescription drug ad, a photocopy of the examination and registration certificate of the nonprescription drug or photocopies
of the related evidentiary documents shall be provided;

(7)

For applying for the ad license number of an import drug, the photocopies of the related evidentiary documents on the qualification
of the drug import agencyshall be provided;

(8)

In case the ad involves the commodity name of the drug, the registered trademark or patent, etc, the photocopies of the related evidentiary
valid documents and other evidentiary documents confirming the authenticity of the content of the ad shall be provided.

The photocopy of any evidentiary documents to be provided as provisioned in this Article shall be affixed with the seal of the entity
holding it.

Article 9

An examination organ of drug ads may not accept an enterprise’s application for drug ad under any of the following circumstances:

(1)

Any of the circumstances under which the application may not be accepted as provisioned in Articles 20, 22 and 23 of the present Measures;

(2)

The administrative procedure for revoking the drug ad license number is going on.

Article 10

Where the application materials are complete and satisfy the statutory requirements, an examination organ of drug ads shall issue
a Notice of Drug Ad Acceptance after receiving an application for a drug ad license number, and, where they are not complete or fail
to satisfy the statutory requirements, it shall, on the spot or within 5 workdays, inform the applicant of the content to be corrected
once and for all ; in case it fails to do so within the prescribed time limit, the day of the receipt of the application materials
shall be deemed as the day of acceptance.

Article 11

An examination organ of drug ads shall examine the authenticity, legality and validity of the evidentiary documents provided by the
applicant within 10 workdays since its acceptance of the application and examine the content of the ad in accordance with law. Where
the drug ad passes the examination, it shall issue a drug ad license number; otherwise, it shall make a decision on rejecting issuing
a drug ad license number, inform the applicant of the decision in written form and make explanations, and, meanwhile, inform the
applicant of its right to apply for an administrative reconsideration or lodge an administrative lawsuit in accordance with law.

As regards an approved drug ad, the examination organ of drug ads shall report it to the State Food and Drug Administration for archival
filling and send the approved Drug Ad Examination Form to the ad supervisory and administrative organ at the same level for archival
filling. In case the State Food and Drug Administration finds any problem in the drug ad reported for archival filling, it shall
order the examination organ of drug ads to make corrections.

The drug supervisory and administrative departments shall timely publicize the approved drug ads to the general public.

Article 12

The archive-filing formalities shall be gone through beforehand at the examination organ of drug ads of the place where the ad is
to be published, if the drug ad is to be published in any province, autonomous region, or municipality directly under the Central
Government other than the place where the manufacturing enterprise of the drug or the import drug agency is located (hereinafter
referred to as publishing drug ad in any other place).

Article 13

For publishing any drug ad in any other place, the following materials shall be provided:

(1)

Photocopy of the Drug Ad Examination Form;

(2)

Photocopy of the approved drug instructions;

(3)

For a TV or radio ad, a tape, CD or any other medium carrier with content identical with the content passing the examination shall
be submitted;

The photocopy of any evidentiary document to be provided as provisioned in this Article shall be affixed with the seal of the entity
holding it.

Article 14

As regards an application for the archive-filing of a drug ad published in any other place filed according to the provisions of Articles
12 and 13 of the present Measures, the examination organ of drug ads shall, within 5 workdays as of the acceptance of the archive-filing
application, put it on record, endorse the word “Filed” on the Form, affix the special seal for the examination of drug ads and send
a copy of the Form to the ad supervisory and administrative organ at the same level for future reference.

Where the examination organ of drug ads at the place where a drug ad is to be put on record holds that the drug ad fails to comply
with the related provisions, it shall fill in the Opinion on the Archive-filing of Drug Ads (Attached List 2) and send it to the
original examination organ of drug ads for reexamination, and a copy thereof shall be sent to the State Food and Drug Administration.

The original examination organ shall inform the examination organ of drug ads at the place where the drug ad is to be put on record
of its opinion within 5 workdays since the day when it receives the Opinion on the Archive-filing of Drug Ads. In case the two examination
organs of drug ads can’t achieve a consensus, the State Food and Drug Administration may be invited to make a ruling thereon.

Article 15

A drug ad license number’s valid period shall be one year, and once the period expires it shall become invalid.

Article 16

When publishing an approved drug ad, no content of the ad may be altered. In case it is necessary to alter any content, the drug
ad license number shall be reapplied.

Article 17

In case a drug ad applicant publishes the drug ad by itself, the original Drug Ad Examination Form shall be kept for two years for
future reference.

In case an ad publisher or operator is entrusted by a drug ad applicant to act as an agent or publish the drug ad, it shall check
the original Drug Ad Examination Form, publish the drug ad on the basis of the examined and approved content, and keep the photocopy
of the Form for two years for future reference.

Article 18

Where an approved drug ad falls within any of the following circumstances, the original examination organ of the drug ad shall issue
a Notice on the Reexamination of Drug Ads (Attached List 3) to the applicant of the drug ad and reexamine the drug ad in accordance
with law. The drug ad may be continually published during the reexamination period:

(1)

The State Food and Drug Administration holds that the content of the approved drug ad fails to comply with the related provisions;

(2)

An ad supervisory and administrative organ at the provincial level or above suggests the reexamination of the drug ad;

(3)

Any other circumstance under which the examination organ of drug ads holds that it is necessary to reexamine.

Where, upon reexamination, the original examination organ of drug ads holds that the drug ad fails to meet the statutory conditions,
it shall take back the Drug Ad Examination Form and cancel the original drug ad license number.

Article 19

The examination organ of drug ads shall write-off the drug ad license number under any of the following circumstances:

(1)

The Drug Manufacturing License or Drug Trading License has been canceled;

(2)

The approval certifications on the drug have been cancelled or written-off;

(3)

The State Food and Drug Administration or the drug supervisory and administrative department of the province, autonomous region, or
municipality directly under the Central Government has ordered to suspend the production, sale and use of the drug.

Article 20

In case false publicity is made by altering an approved drug ad’s content without authorization, the drug supervisory and administrative
department shall order to stop such publishing immediately, revoke the ad license number of such drug and may not accept the application
for the examination and approval of any ad on such drug within one year.

Article 21

As regards any illegal drug ad that enlarges the scope of applicable diseases (functions and indications) of the drug at will, absolutely
exaggerates the curative effects of the drug and severely cheats and misleads the consumers, once the drug supervisory and administrative
department at the provincial level or above finds, an administrative coercive measure shall be adopted to suspend the sale of such
drug within its jurisdiction and, meanwhile, order the enterprise illegally publishing the drug ad to publish a notice of correction
on the corresponding local medium. The drug supervisory and administrative department at the provincial level or above shall, within
15 workdays, make a decision on releasing the administrative coercive measure after the notice is published; in case it is necessary
to check the drug, the drug supervisory and administrative department shall, within 15 days since the day when the written check
report is sent, make a decision on whether to release the administrative coercive measure or not.

Article 22

As regards an enterprise providing any false application material for the examination and approval of a drug ad, once the examination
organ of drug ads finds during the acceptance or examination, this enterprise’s application for the examination and approval of any
ad on such drug may not be accepted within one year.

Article 23

In case an enterprise obtains a drug ad license number by submitting false application materials, the examination organ of drug ads
shall, after finding, revoke the drug ad license number and may, within three years, not accept this enterprise’s application for
the examination and approval of any ad on such drug.

Article 24

In case the license number of a drug ad has been taken back, written-off or cancelled according to Articles 18, 19, 20 or 23 of the
present Measures, the publication thereof shall be suspended at once; the examination organ of drug ads of any other place shall
stop accepting such enterprise’s application for the archive-filing of such drug ad’s approved license number.

In case an examination organ of drug ads decides to take back, write-off or cancel a drug ad license number according to Articles
18, 19, 20 or 23 of the present Measures, it shall inform the ad supervisory and administrative organ at the same level to deal with
it in accordance with law within 5 workdays since the day when it makes such administrative handling decision.

Article 25

In case an enterprise publishes a drug ad in other place without sending an archive-filing application to the examination organ of
drug ads at the place where the drug ad is published, once it is found out, it shall be order to go through the formalities for archive-filing
within a prescribed period, where it fails to do so, the publishing activities of such drug ad shall be ordered to be stopped in
that place.

Article 26

The drug supervisory and administrative departments at the county level or above shall monitor and inspect the publication of the
examined and approved drug ads. As regards the illegally published drug ads, the drug supervisory and administrative departments
at each level shall fill in the Notice on Transferring Illegal Drug Ads (Attached List 4) and transfer them together with such materials
as the sample pieces of these illegal drug ads to the ad supervisory and administrative organs for investigating and handling at
the same level ; as regards an other-place publication of a drug ad with approved contend altered without authorization, the examination
organ of drug ads at the place where the drug ad is published shall, according to Article 92 of the Pharmaceutical Administration
Law and Article 20 of the present Measures, put forward a suggestion on revoking the license number of the drug ad to the original
examination organ of drug ads.

Article 27

As regards any illegal drug ad with serious circumstance, the drug supervisory and administrative department under the province,
autonomous region, or municipality directly under the Central Government shall publicize an announcement thereon and report it to
the State Food and Drug Administration, which shall, on a consolidated and regular basis, publicize such reports.

As regards any illegal drug ad with serious circumstance, when necessary, the State Administration of Industry and Commerce and the
State Food and Drug Administration shall jointly publicize an announcement thereon.

Article 28

In case a drug ad is published without being examined and approved or the content of a published drug ad is inconsistent with the
examined and approved one, the ad supervisory and administrative organ shall punish according to Article 43 in the Advertising Law;
in case it constitutes a false ad or a false and misleading publicity, the ad supervisory and administrative organ shall punish according
to Article 37 of the Advertising Law and Article 24 of the Anti-Unfair Competition Law.

In case the ad supervisory and administrative organ, when investigating and punishing a case of illegal drug ad, finds it is necessary
to determine certain professional technical content as involved in the case, it shall send a written notice on the content to be
determined to the drug supervisory and administrative department at the provincial level or above, which shall, within 10 workdays
since the day when the notice is received, feed back the determination result to the ad supervisory and administrative organ.

Article 29

The working personnel undertaking the examination and supervision of drug ads shall be subject to the training on the Advertising
Law, the Drug Administration Law and other related laws and regulations. In case any working personnel of the examination organs
of drug ads and the supervisory and administrative organs thereof neglects his duties, abuses his power or conducts any self-exerting
misconduct, administrative punishment shall be imposed. In case any crime is established, criminal liabilities shall be investigated
in accordance with law.

Article 30

A drug ad license number shall be in the form of “No. 0000000000 of X Drug Ad Examination (Video)”, “No. 0000000000 of X Drug Ad
Examination (Audio)” or “No. 0000000000 of X Drug Ad Examination (Words)”, among which, “X” means the abbreviation of a province,
autonomous region, or municipality directly under the Central Government, “0” consists of 10 digits, the first 6 shall be the date
when the examination is conducted and the last 4 shall be the approved ad’s serial number. “Video”, “Audio” and “Words” means the
medium forms for publishing ads.

Article 31

The present Measures shall go into effect as of May 1, 2007. The Measures for Examining Drug Ads (No. 25 of the State Administration
of Industry and Commerce), which were promulgated by the State Administration of Industry and Commerce and the Ministry of Health
on March 22, 1995, shall be repealed at the same time.



 
The State Food and Drug Administration, the State Administration of Industry and Commerce
2007-03-13

 






123...7Page 1 of 7

CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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