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MEASURES FOR THE ADMINISTRATION OF THE SAFE IMPORT OF AGRICULTURAL TRANSGENIC LIVING THINGS

The Ministry of Agriculture

Decree of the Ministry of Agriculture of the People’s Republic of China

No. 9

The Measures for the Administration of the Safe Import of Agricultural Transgenic Living Things have been passed at the fifth executive
meeting of the Ministry of Agriculture on July 11, 2001, and are hereby promulgated for implementation as of March 20, 2002.

The Ministry of Agriculture

January 5, 2002

Measures for the Administration of the Safe Import of Agricultural Transgenic Living Things

Chapter I General Provisions

Article 1

The present Measures have been formulated on the basis of the relevant provisions of the Regulation on the Safety of Agricultural
Transgenic Living Things (referred to as the Regulation) for the purpose of controlling the safe import of agricultural transgenic
living things.

Article 2

The present Measures shall be applicable to the safety control of the import of agricultural transgenic living things carried out
within the territory of the People’s Republic of China.

Article 3

The State Committee for the Safety of Agricultural Transgenic Living Things shall be responsible for assessing of the safety of the
import of agricultural transgenic living things. The Office for the Safety Control of Agricultural Transgenic Living Things shall
be responsible for the safety control in the import of agricultural transgenic living things.

Article 4

Administration of the imported agricultural transgenic living things shall be carried out according to any of the three purposes thereof:
for research and experiment, for production and for raw materials

Chapter II Agricultural Transgenic Living Things Used for Research and Experiment

Article 5

To import any of the agricultural transgenic living things that falls within the safety grades I and II from without the People’s
Republic of China, the importer shall file an application to the Office for the Safety Control of Agricultural Transgenic Living
Things, and shall submit the following materials:

1.

The qualification documents for application as required by the Ministry of Agriculture;

2.

Registration Forms for the control of safe import (see Supplement);

3.

Certification documents proving that considerable research has been done on the agricultural transgenic living things to be imported;

4.

The safety measures to be adopted by the importer in the process of importation.

If the application is found to be eligible after examination, the Ministry of Agriculture shall issue approval for importing the agricultural
transgenic living things. The importer shall handle relevant procedures at relevant departments by showing the approving documents.

Article 6

To import any of the agricultural transgenic living things that falls within the safety grades I, II and IV from without the territory
of the People’s Republic of China for experiments and research and to import any of the agricultural living things of all safety
grade for intermediate experiments, the importer shall file an application to the Office for the Safety Control of Agricultural Transgenic
Living Things and shall submit the following materials:

1.

The application qualification documents as required by the Ministry of Agriculture;

2.

The registration forms for the safety control of import (see Appendix);

3.

Certification documents proving that considerable research or experiments have been done abroad on the agricultural transgenic living
things;

4.

The safety control measures to be adopted by the importer in the process of importation;

5.

The materials as required by the Measures for the Administration of the Safety Assessment of Agricultural Transgenic Living Things
during the corresponding phases.

If the application is found to be eligible after examination, the Ministry of Agriculture shall issue an approval for the import of
the agricultural transgenic living things. The importer shall go through relevant procedures at relevant departments by showing the
approving documents.

Article 7

To import any of the agricultural transgenic living things from without the territory of the People’s Republic of China for environmental
release or productive experiments, the importer shall file an application to the Office for the Safety Control of Agricultural Transgenic
Living Things and shall submit the following materials:

1.

The application qualifications documents as required by the Ministry of Agriculture;

2.

The Registration forms for the safety control of import (see Appendix);

3.

Certification documents proving that considerable research or experiments have been done abroad on the agricultural transgenic living
things;

4.

The safety control measures to be adopted by the importer in the process of importation;

5.

The materials as required by the Measures for the Administration of the Safety Assessment of Agricultural Transgenic Living Things
during the corresponding phases.

If the application is found to be eligible after examination, the Ministry of Agriculture shall issue a certificate of the safety
of the agricultural transgenic living things. The importer shall go through relevant procedures at relevant departments by showing
the certificate of safety.

Article 8

To import any of the agricultural transgenic living things for experiments, the importer shall start to apply to the Ministry of Agriculture
from the phase of intermediate experiments.

Chapter III Agricultural Transgenic Living Things to Be Used for Production

Article 9

Where any extraterritorial company exports any of the transgenic plant seeds, seed livestock or bird, aquatic seedlings or any of
the plant seeds, seed livestock or birds, aquatic seedlings, pesticides, animal medicine, fertilizers or additives that are made
from agricultural transgenic living things or containing elements of agricultural transgenic living things for the purpose of production,
it shall file an application to the Office for the Safety Control of Agricultural Transgenic Living Things, and shall submit the
following materials:

1.

Registration forms of safety control for import (see Appendix);

2.

Certification documents proving that it is allowed by the country or region of export to be used for corresponding uses;

3.

Materials proving that scientific experiments of the country or region of export have showed that no harm will result to the human
being, animals and plants, microorganisms and the biological environment;

4.

The safety measures to be adopted by the extraterritorial company in the process of exporting to the People’s Republic of China;

5.

The materials as required by the Measures for the Administration of the Safety Assessment of Agricultural Transgenic Living Things
during the corresponding phases.

Article 10

When filing any of the above-mentioned applications, the extraterritorial companies shall, make the application prior to the beginning
of the intermediate experiments, obtain approval therefor and can then let the experimental materials enter into the territory, and
shall pass three experimental phases — intermediate experiment, environmental release and productive experiments as well as the
phase of applying for a safety certificate of agricultural transgenic living things.

If an application filed during the phase of intermediate experiment is found to be eligible after examination, the Ministry of Agriculture
shall issue an approval for importing the agricultural transgenic living things, and the extraterritorial companies shall go through
relevant procedures at relevant departments by showing the approving documents. If an application filed during the phase of environmental
release and productive experiment has passed the safety assessment, the Ministry of Agriculture shall issue a letter of safety approval
of agricultural transgenic living things, and the extraterritorial companies shall go through relevant procedures at relevant departments
by showing the letter of safety approval. If an application for safety certificates has passed the safety assessment, the Ministry
of Agriculture shall issue a safety certificate of agricultural transgenic living things, and the extraterritorial companies shall
go through relevant procedures at relevant departments by showing the safety certificates.

Article 11

Before the imported agricultural transgenic living things are put into production, a safety certificate for agricultural transgenic
living things shall be obtained and then can the relevant procedures of examination, registration or assessment or approval be handled
according to the provisions of laws or regulations concerning the seeds, livestock and bird seedlings, aquatic seedlings, pesticides,
animal medicines, fertilizers, additives, etc.

Chapter IV Agricultural Transgenic Living Things to Be Used as Raw Materials

Article 12

To export agricultural transgenic living things to the People’s Republic of China so as to be used as raw materials, the extraterritorial
companies shall file an application to the Office for the Safety Control of Agricultural Transgenic Living Things for safety certificates
of agricultural transgenic living things.

Article 13

When filing the above-mentioned applications, the extraterritorial companies shall submit the following materials:

1.

Registration forms of safety control for import (see Appendix);

2.

A declaration for safety assessment (see Appendix V to the Measures for the Administration of the Safety Assessment of Agricultural
Transgenic Living Things);

3.

Certification documents proving that it is permitted in the country or region of export to use them for corresponding purposes and
to be put into market;

4.

Materials proving that scientific experiments in the country or region of export have showed that no harm will result to the human
being, animals, plants, microorganisms and the biological environment;

5.

Test reports issued by the technological institutions upon the entrustment of the Ministry of Agriculture concerning the safety to
the human beings, animals, plants, microorganisms and biological environment;

6.

The safety measures to be adopted by the extraterritorial companies in to the process of exporting to the People’s Republic of China.

If the application has passed the safety assessment, the Ministry of Agriculture shall issue a safety certificate of agricultural
transgenic living things.

Article 14

Where any one who has obtained approval for its application and before it files further application to the People’s Republic of China,
if the application meets the requirements concerning the same company and the same conditions regarding the agricultural transgenic
living things, the application procedures for safety assessment may be simplified while the following materials shall be submitted:

1.

Registration forms of safety control for import (see Appendix);

2.

Photocopy of the safety certificates of agricultural transgenic living things initially issued by the Ministry of Agriculture;

3.

The safety measures to be adopted by the extraterritorial companies in the process of exporting to the People’s Republic of China.

If the application is found to be eligible after examination, the Ministry of Agriculture shall issue a safety certificate of agricultural
transgenic living things.

Article 15

The extraterritorial companies shall go through relevant procedures at relevant departments by showing the safety certificates of
agricultural transgenic living things issued by the Ministry of Agriculture.

Article 16

If any of the agricultural transgenic living things imported to be used as raw materials is alive, import archivist files shall be
established to specify the source, storage, transportation thereof, etc, and safety control measures that suit the agricultural transgenic
living things shall be adopted so as to ensure that the agricultural transgenic living thing will not come into the environment.

Chapter V General Provisions

Article 17

The Ministry of Agriculture shall make a decision of approval or disapproval within 270 days after receiving the application of the
applicant, and shall inform the applicant of the result.

Article 18

In the import of agricultural transgenic living things for production or raw materials, the contracts thereof may not be concluded
until safety certificates of agricultural transgenic living things issued by the Ministry of Agriculture has been obtained.

Article 19

In the import of agricultural transgenic living things, if no safety certificate of agricultural transgenic living things or relevant
approving documents or if they are not in conformity with the certificates or approving documents, such agricultural transgenic living
things shall be returned back or be destroyed.

Article 20

The power to interpret the present Measures shall remain with the Ministry of Agriculture.

Article 21

The present Measures shall enter into force as of March 20, 2002.

Appendix: Registration Forms of Safety Control for Import of the Agricultural Transgenic Living Things (omitted)



 
The Ministry of Agriculture
2002-01-05

 






CHINA INTERNET DOMAIN NAME REGULATIONS

e0456020041220

The Ministry of Information Industry

Decree of the Ministry of the Information Industry of the People’s Republic of China

No.24

The China Internet Domain Name Regulations which has been considerated and adopted at the Ninth Ministry Conference on March 14,
2002 is hereby promultated, and shall enter into force as of September 30, 2002.

Minister of the Ministry of the Information Industry Wu Jichuan

August 1, 2002

China Internet Domain Name Regulations

Chapter I General Provisions

Article 1

China Internet Domain Name Regulations (hereafter the Regulations) are formulated in accordance with the relevant provisions of the
state and with reference to the international rules for the administration of Internet domain names, with a view to promoting the
development of the Internet in China, safeguarding the secure and reliable operation of China Internet Domain Names System and regulating
the administration of China Internet domain names System.

Article 2

The Regulations shall be observed in the registration of domain names and in the activities with relation thereto within the territory
of the People’s Republic of China.

Article 3

The definitions of the following terms mentioned in the Regulations are as follows:

(1)

Domain name refers to the character identification of hierarchical structure that identifies and locates a computer on the Internet
and corresponds to the IP address of this computer.

(2)

Chinese domain name refers to the domain name that contains Chinese characters.

(3)

Domain name root server refers to the server that bear the function of root nodes in the domain name system.

(4)

Institution for operating domain name root server refers to the institution that is responsible for operating, maintaining and administering
the domain name root servers.

(5)

Top-level domain (TLD) refers to the name of the first level domain under the root node in the domain name system.

(6)

Registry refers to the administration institution that is responsible for operating, maintaining and managing one or more top-level
domain names and administering the registration of domain names under this top-level domain name.

(7)

Registrar refers to the service institution that accepts and audits the application for the domain name registration, and completes
the registration process in the domain name database.

Article 4

Any organization or individual shall not take any action to hamper the normal operation of Internet Domain Names System in China.

Chapter II Administration of Domain Names

Article 5

The Ministry of Information Industry is responsible for the administration of the Internet domain names in China, Its major functions
and responsibility are as follows:

(1)

Formulating the regulations and policies concerning the administration of the Internet domain names;

(2)

Establishing the system for Country (or Regional)Code Top Level Domain (ccTLD) under .CN and Chinese domain names;

(3)

Administering the registry of .CN ccTLD and the Chinese domain names;

(4)

Administering the operational institution of domain name root servers, which sets up and operates the domain names root servers within
the territory of the People’ Republic of China;

(5)

Supervising and administering the service of domain name registration;

(6)

Be in charge of the international coordination regarding to domain names.

Article 6

China Internet domain names system shall be promulgated by the Ministry of Information Industry in form of proclamation. The Ministry
of Information Industry may adjust the Internet domain name system partially and re-promulgate it according to the actual development
of domain names.

Article 7

Chinese domain name is an integral part of the Domain Names System of China. The Ministry of Information Industry shall encourage
and support the technical research, gradual spreading and application of Chinese Domain Names.

Article 8

The administration of domain names shall be conducted level-by-level. The domain name registry and holders of each level domain names
shall be responsible for the administration of registration of lower level domain names and the related service according to the
requirements of the Regulations and other relevant provisions.

Article 9

The domain name registry is responsible for operating and administering the corresponding domain name system, maintaining the domain
name database and authorizing the registrars to provide the domain name registration services. Its main functions and responsibility
include:

(1)

Operating, maintaining and administering the corresponding top-level domain name servers and database and ensure the secure and reliable
operation of the domain name system;

(2)

Formulating the rules concerning the domain name registration in accordance with the Regulations;

(3)

Selecting domain name registrars based on the principle of non-discrimination; and

(4)

Supervising and administering the registration service provided by domain name registrars.

Article 10

The establishment of domain names root servers, domain name registrars and domain names root server operational institutions within
the territory of the People’s Republic of China shall be authorized by the Ministry of Information Industry.

Chapter III Administration of Registrars

Article 11

The establishment of the domain name registry within the territory of the People’s Republic of China shall be put on record with the
Ministry of Information Industry.

Any organization or individual shall not engage in the service of the domain name registration without being recorded.

Article 12

Any organization that engages in the service of the domain name registration shall meet the following conditions:

(1)

It shall be an a legal person established according to the laws;

(2)

It shall have sufficient funds and appropriate professionals to provide domain name registration services;

(3)

It shall have the reputation and ability of providing services in the long-term;

(4)

It shall have the services development plan and the related technical resolutions;

(5)

It shall have perfect measures for safeguarding the security of the networks and information;

(6)

It shall meet other requirements prescribed by the Ministry of Information Industry.

Article 13

Any organization that engages in the service of domain name registration shall go through the recording procedure with the Ministry
of Information Industry. When going through the procedures, it shall submit the following documents:

(1)

The legal person certificate;

(2)

The categories of domain names that are proposed to be registered;

(3)

The cooperation agreement signed with the relevant domain name registry;

(4)

The model clauses of the user service agreement ;

(5)

The service development plan and the related technical resolutions ;

(6)

The verification of the measures for safeguarding the security of networks and information.

Article 14

If such registration information as the name, address or legal representative of the domain name registrar changes or the cooperative
relationship between the registrar and the registry changes or terminates, domain name registrar shall record such situation with
the Ministry of Information Industry within 30 days after the change or termination.

Chapter IV Domain Name Registration

Article 15

The domain name registry shall formulate in accordance with the Regulations the detailed implementation rules for the domain name
administration and registration that shall come into force after being reported to the Ministry of Information Industry for record.

Article 16

The domain name registration adopts the principle of first come, first serve.

Article 17

When expanding the range of the domain name registration, the domain name registry may specify the duration of pre-registration, make
necessary reservations for certain words and provide corresponding search service on its website.

Except for the articles provided in preceding paragraphs, the domain name registry and registrars shall not reserve domain names or
do so in disguised form. During the process of domain name registration, the registry and registrars shall not represent any actual
or potential domain name holder.

Article 18

The domain name registry and registrars shall publish the contents, durations and fees of domain name registration, provide public
search service for the domain name registration information and ensure the quality of the domain name registration service.

Article 19

Any of the following contents shall not be included in any domain name registered and used by any organization or individual:

(1)

Those that are against the basic principles prescribed in the Constitution;

(2)

Those jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity;

(3)

Those harm national honor and national interests;

(4)

Those instigate hostility or discrimination between different nationalities, or disrupt the national solidarity;

(5)

Those violate the state religion policies or propagate cult and feudal superstition;

(6)

Those spread rumors, disturb public order or disrupt social stability;

(7)

Those spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes;

(8)

Those insult, libel against others and infringe other people’s legal rights and interests; or

(9)

Other contents prohibited in laws, rules and administrative regulations.

Article 20

The applicant for the registration of a domain name shall comply with the laws, rules and administrative regulations of the state
concerning the Internet, and the relevant provisions concerning domain name registration formulated by the registry and submit the
authentic, accurate and complete information of domain name registration.

Article 21

The operation and administration fee for registered domain names shall be paid on schedule by the registrant. The domain name registry
shall formulate the specific measures for the fee collection and submit to the Ministry of Information Industry for approval.

Article 22

The applicant of the domain name registration becomes the holder of the registered domain name immediately after the registration
of the domain name.

The liability for the infringement of others’ legal rights and interests arising from holding or using a domain name shall be borne
by the holder of the domain name.

Article 23

If the registration information of a domain name changes, the holder of the domain name shall file the registration of such change
with the domain name registrar within 30 days after such change.

Article 24

The holder of a domain name may select or change the domain name registrar. If the holder of a domain name changes the domain name
registrar, the original registrar shall bear the obligation of transferring the registration information of the domain name holder.

Article 25

If a registered domain name involves any of the following conditions, the original registrar shall write it off and notify the holder
of the domain name in written form:

(1)

If the domain name holder or its agent/reseller applies for the cancellation of the domain name;

(2)

If the information on the registration of the domain name submitted by the domain name holder is unauthentic, inaccurate or incomplete;

(3)

If the domain name holder fails to pay the corresponding fees in accordance with the provisions;

(4)

If the domain name shall be written off in accordance with the judgment by the people’s court, arbitration institution or the domain
name dispute resolution institution; or

(5)

If the domain name is in violation of the provisions of these provisions and the relevant laws and regulations.

Chapter V Domain Name Disputes

Article 26

The domain name registry may designate a neutral institution for resolving domain name disputes .

Article 27

If any person complains to the domain name dispute resolution institution concerning a registered domain name or a domain name in
use, which conforms to the requirements specified in the domain name dispute resolution policy, the domain name holder shall participate
in the proceedings for the resolution of the dispute on the domain name.

Article 28

The decisions of the domain name dispute resolution institution shall only determine whether to change the information of the holder
of the domain name in dispute.

If the decision of the domain name dispute resolution institution is in conflict with the legally effective judgment of the people’s
court or the arbitration organization, the legally effective judgment of the people’s court or the arbitration organization prevails.

Article 29

If a domain name dispute is being processed by the people’s court, the arbitration organization or the domain name dispute resolution
institution, the domain name holder shall not transfer the domain name in dispute, unless the transferee of the domain name agrees
in writing to be subject to the judgment by the people’s court, the arbitration institution or the domain name dispute resolution
institution.

Chapter VI Penalty Provisions

Article 30

Any person who violates the provisions of Article 4 , Article 10 , Article 11 and Article 14 of the Regulations, hampers the normal
operation of the Internet domain names Systems in China, sets up the domain names root server without authorization, sets up the
operational institution for the operation of domain name root servers without authorization or engages in the service of the domain
name registration without authorization and record or provides the domain name registration service beyond the items on the record
shall be ordered by the Ministry of Information Industry to make corrections within the specified period , and shall, depending on
the circumstances, be warned or imposed a fine of not more than RMB30,000 yuan.

Article 31

Any person who violates the provisions of Article 17 , Article 18 of the Regulations shall be ordered by the Ministry of Information
Industry to make corrections within the specified period , and shall, depending to the circumstances, be warned or imposed a fine
of not more than RMB30, 000 Yuan.

Article 32

Any person who violates the provisions of Article 19 , and whose act constitute a crime, he or she shall be prosecuted for his or
her criminal activities according to the laws; If the act has not constituted a crime, he or she shall be penalized by the relevant
institutions of the state in accordance with the provisions of the relevant laws, rules and administrative regulations.

Chapter VII Supplementary Provisions

Article 33

The domain name registrars which begin the registration service of Internet domain names prior to the entry into force of the Regulations
shall go through the record procedures in accordance with the provisions of the Regulations within 60 days from the date of the entry
into force of the Regulations.

Article 34

The Regulations shall enter into force as of September 30, 2002. Should there be any discrepancies in the meanings between the current
and former version of the Regulations, the current version shall prevail.



 
The Ministry of Information Industry
2002-08-01

 






MEASURES ON THE ADMINISTRATION OF EXAMINATION AND APPROVAL OF THE QUARANTINE OF ENTRY ANIMALS AND PLANTS

The State Administration of Quality Supervision, Inspection and Quarantine

Decree of the State Administration of Quality Supervision, Inspection and Quarantine

No. 25

Measures on The Administration of Examination and Approval of the Quarantine of Entry Animals and Plants adopted by the meeting of
the State Administration of Quality Supervision, Inspection and Quarantine on July 1, 2002 are hereby promulgated and shall be come
into force as of the day of September 1, 2002.

The State Administration of Quality Supervision, Inspection and Quarantine

August 2, 2002

Measures on The Administration of Examination and Approval of the Quarantine of Entry Animals and Plants

Chapter I General Provisions

Article 1

The present Measures are formulated in accordance with the relevant provisions in the “Law of the People’s Republic of China on the
Entry and Exit Animal and Plant Quarantine’ (hereinafter referred to as the Law on the Quarantine of Entry and Exit Animals and Plants)
and the regulation for its implementation as well as the “Regulation on the Administration of the Security of Genetically Modified
Agricultural Organisms” in order to further strengthen the administration of the examination and approval of quarantine of entry
animals and plants, and prevent infectious or parasitic diseases of animals, insect pests and weeds dangerous to plants, and other
harmful organisms from spreading into the country.

Article 2

The present Measures shall apply to the examination and approval of the quarantine of the animals entering the country (including
territory-transit animals), animal and plant products, which are required by the Law on the Quarantine of Entry and Exit Animals
and Plants, the regulation for its implementation or the relevant state provisions to be approved, and the objects prohibited from
entering the country which need to be approved under special license, as well as the territory-transit genetically modified products
provided for by the “Regulation on the Administration of the Security of Genetically Modified Agricultural Organisms”.

The State Administration of Quality Supervision, Inspection and Quarantine shall, in accordance with the relevant provisions in laws
and regulations as well as the catalogue of objects prohibited from entering the country that is promulgated by the relevant department
under the State Council, formulate, adjust and promulgate the catalogue of the animals and plants which need to be under quarantine
examination and approval as well as their products.

Article 3

The State Administration of Quality Supervision, Inspection and Quarantine shall uniformly administer the examination and approval
of the quarantine of entry animals and plants provided for in the present Measures. The State Administration of Quality Supervision,
Inspection and Quarantine or other approving institutions authorized by the State Administration of Quality Supervision, Inspection
and Quarantine (hereinafter referred to as approving institutions) shall be responsible for issuing the “Permit of the People’s Republic
of China for the Quarantine of Entry Animals and Plants” (hereinafter referred to as the “Quarantine Permit”) and the “Circular on
Not Approving the Application for the Permit of the People’s Republic of China for the Quarantine of Entry Animals and Plants” (hereinafter
referred to as the “Circular on Not Approving the Application for Quarantine Permit”).

Each institution of entry and exit inspection and quarantine directly under the State Administration of Quality Supervision, Inspection
and Quarantine (hereinafter referred to as the preliminary examination institution) shall be responsible for the preliminary examination
of the applications for approval of quarantine of entry animals and plants within its own jurisdiction.

Chapter II Application

Article 4

An entity applying for going through the formalities of quarantine approval (hereinafter referred to as applicant entity) shall be
an entity which has the qualification of independent legal person and is able to directly conclude trade contracts or agreements
with others.

The applicant entity of territory-transit animals or territory-transit genetically modified products shall be an entity with independent
legal person status and is able to directly conclude trade contracts or agreements with others or an agent of such an entity.

Article 5

An applicant entity shall, before concluding a trade contract or agreement, file an application to the approving institution and obtain
the “Quarantine Permit”.

The applicant entity shall, before the territory-transit animals or territory-transit genetically modified products transit the territory,
file an application to the State Administration of Quality Supervision, Inspection and Quarantine and obtain the “Quarantine Permit”.

Article 6

An applicant entity shall truthfully fill in and submit the “Application Form for the Permit of the People’s Republic of China for
the Quarantine of Entry Animals and Plants” (hereinafter referred to as the “Application Form for Quarantine Permit”) in accordance
with the relevant provisions. In case a preliminary examination is needed, it shall be handled by the preliminary examination institution
at the port of entry. For the goods that are not processed or used within the jurisdiction of the preliminary examination institution
at the port of entry, the preliminary examination shall, when necessary, be handled by the preliminary examination institution at
the locality where such goods are used.

The applicant entity shall provide the preliminary examination institution with the following documents:

(1)

The applicant entity’s document proving its legal person status (duplicate);

(2)

If the imported animals need to be quarantined at a temporarily isolated place, the applicant entity shall fill in the “Application
Form for Permit for Quarantine of Entry Animal at Temporarily Isolated Places”;

(3)

If the meat, viscera, casing for sausages, raw hair (including feather), raw pelts, raw bones, raw horns, raw hooves, silkworm cocoons
and aquatic products, etc. of the imported animals are to be produced, processed or deposited by the designated enterprises which
are promulgated by the State Administration of Quality Supervision, Inspection and Quarantine, the applicant entity needs to provide
the contracts it has concluded with the designated enterprises on the production, processing and deposition;

(4)

For the entry animal and plant products that can be cancelled upon verification according to relevant provisions, the same applicant
entity shall, when filing a second application, attach the last “Quarantine Permit” (including the form for cancellation upon verification)
in accordance with the relevant provisions;

(5)

To apply for territory transit of animals, the applicant entity shall state the route of transit, and provide the animal sanitation
certificate (duplicate) issued by the official quarantine department of the exporting country or region, and the documents of proof
on permitting the entry of the animals, which are issued by official quarantine department of the importing country or region;

(6)

To apply for import of the objects prohibited from entering the country under Paragraph 1 of Article 5 of the Law on the Quarantine
of Entry and Exit Animals and Plants for the purpose of such particular needs as scientific research, etc., the applicant entity
must submit a written application specifying the quantity, usage, method of import, epidemic prevention measures after entry, report
on project initiation of the scientific research and the approval documents of the relevant competent department that proves the
project initiation;

(7)

Other documents needed to be submitted.

Chapter III Examination and Approval

Article 7

The contents of the preliminary examination carried out by the preliminary examination institution on the applicant entity’s application
for approval of quarantine shall include:

(1)

Whether the documents submitted by the applicant entity are complete, and whether they conform to Article 4 and Article 6 of the
present Measures;

(2)

Whether there is any animal or plant epidemic situation in the exporting country or region or in the countries or regions on the way;

(3)

Whether the application conforms to the relevant provisions of the laws, regulations and departmental rules of China relating to animal
and plant quarantine;

(4)

Whether the application conforms to the bilateral quarantine agreements concluded between China and the exporting country or region
(including quarantine agreements, protocols, and memorandums, etc.);

(5)

For the animals and their products with the producing or processing process of which being necessary to be under quarantine supervision
after entering the country, it shall be examined whether such links as their transport, production, processing, deposition and treatment,
etc. conform to the conditions for quarantine, epidemic prevention and supervision, and the quantity imported shall be verified upon
the processing capacity of the producing or processing enterprise;

(6)

For the animal and plant products entering the country that may be cancelled upon verification, the information on the use of the
“Quarantine Permit” approved at the last time and the cancellation of the said permit upon verification shall be examined in accordance
with the relevant provisions.

Article 8

Where an application is preliminarily examined to be qualified, the preliminary examination institution shall execute the preliminary
examination opinion, and meanwhile issue the “Permit for the Quarantine of Entry Animal at Temporarily Isolated Places” to the temporarily
isolated place for entry animal quarantine which is appraised to be qualified. For the animal and plant products entering the country
that need to be under quarantine supervision, a report on appraising the producing, processing or depositing entity shall be issued
when necessary. The preliminary examination institution shall submit all the documents to the State Administration of Quality Supervision,
Inspection and Quarantine for examination.

Where an application is preliminarily found to be disqualified upon examination, the application documents shall be returned to the
applicant entity.

Article 9

The same applicant entity may, with regard to the same variety, the same exporting country or region, or the same processing or using
entity, apply for the “Quarantine Permit” for only once.

Article 10

The State Administration of Quality Supervision, Inspection and Quarantine or the preliminary examination institution may, when considering
it necessary, organize the relevant experts to carry out risk analysis on the products under application for entry, and the applicant
entity shall be obliged to provide the relevant documents and samples for inspection.

Article 11

The State Administration of Quality Supervision, Inspection and Quarantine shall, pursuant to the examination, issue the “Quarantine
Permit” or the “Notice on Not Approving the Application for Quarantine Permit” within 30 working days as of receipt of the documents
for preliminary examination submitted by the preliminary examination institution.

With respect to the genetically modified agricultural organisms that transit the territory of the People’s Republic of China, the
State Administration of Quality Supervision, Inspection and Quarantine shall make a decision on whether approving or not approving
the application within the specified time limit, and notify the applicant entity.

Chapter IV Administration and Use of Documents of Permit

Article 12

The “Application Form for Quarantine Permit”, the “Quarantine Permit” and the “Circular on Not Approving the Application for Quarantine
Permit” shall be uniformly printed, produced and distributed by the State Administration of Quality Supervision, Inspection and Quarantine.

The “Quarantine Permits” shall be uniformly numbered by the State Administration of Quality Supervision, Inspection and Quarantine.

Article 13

A “Quarantine Permit” shall be valid for a term of 3 months or be valid for once. The “Quarantine Permit” shall not be used with two
or more different calendar years being covered, unless it is issued for living animals.

Article 14

Where, with respect to the animal and plant products entering the country which may be cancelled upon verification according to relevant
provisions, the “Quarantine Permit” are used within the scope of permitted quantity for import by installments and for inspection
report for more than one time, the institution of inspection and quarantine at the port of entry shall conduct the registration of
cancellation upon verification in the form on cancellation upon verification of quarantined objects entering the country, which is
attached to the “Quarantine Permit”.

Article 15

In case of any of the following circumstances, the applicant entity shall apply again for obtaining a “Quarantine Permit”:

(1)

The variety of the quarantined objects entering the country is changed or the permitted quantity is exceeded by 5% or more;

(2)

The exporting country or region is changed;

(3)

The port of entry, the designated place or the transport route is changed.

Article 16

In case of any of the following circumstances, the “Quarantine Permit” shall be invalidated, abrogated or terminated for use:

(1)

It shall be automatically invalidated if the validity period has expired;

(2)

If, within the permitted scope, the animals or their products are imported by installments and reported for inspection for more than
one time, and all the permitted quantity have been cancelled upon verification, the “Quarantine Permit” shall be automatically invalidated;

(3)

After the state has promulgated the announcement or ban on prohibiting the relevant objects to be quarantined from entering the country
in accordance with the law, the issued “Quarantine Permit” shall be automatically abrogated;

(4)

If the applicant entity violates the relevant provisions on the quarantine approval, the State Administration of Quality Supervision,
Inspection and Quarantine may terminate the use of the issued “Quarantine Permit”.

Article 17

The applicant entity shall not sell or transfer the permit after obtaining it. The port institution of inspection and quarantine must,
when accepting the report for quarantine, examine whether the applicant entity for the permit consists with the consignee on the
inspection and quarantine certificate and the contracting party of the trade contract, and shall not accept the report for quarantine
in case of inconsistency.

Chapter V Supplementary Provisions

Article 18

Where an applicant entity violates the present Measures; it shall be punished by the institution of inspection and quarantine in accordance
with the relevant laws and regulations.

Article 19

Any institution of inspection and quarantine and its functionaries must, when examining and approving the quarantine of entry animals
and plants, comply with the principles of openness, justness and transparency, execute administrative powers in accordance with the
law, be devoted to their duties, and consciously accept the public supervision.

Where any functionary in an institution of inspection and quarantine violates the laws, regulations or the present Measures by abusing
his power, committing malpractice for personal gain, or deliberately making things difficult for others, he shall be investigated
and punished by the entity where he works or the institution at a higher level in accordance with the relevant provisions.

Article 20

The responsibility to interpret the present Measures shall remain with the State Administration of Quality Supervision, Inspection
and Quarantine.

Article 21

The present Measures shall enter into force on September 1, 2002.



 
The State Administration of Quality Supervision, Inspection and Quarantine
2002-08-02

 






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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