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ANNOUNCEMENT OF THE FIRST PUBLIC INVITATION FOR BID FOR EXPORT QUOTA OF LIQUORICE AND PRODUCTS THEREOF IN 2007

Announcement of the First Public Invitation for Bid for Export Quota of Liquorice and Products Thereof in 2007

The first public invitation for bid for export quota of liquorice and products thereof in 2007 will start on December 15, 2006, and
in accordance with related provisions speculated in the Measures of the Invitation for Bid for Export Commodity Quotas (hereinafter
referred to as the Measures) and the Implementation Rules of Invitation for Bid for Export Industrial Goods Quotas (hereinafter referred
to as the Implementation Rules), related matters are hereby publicized as follows:

1.

Names and custom codes of the commodities under the invitation for bids

(1)

Glycyrrhiza inflata bat in Xinjiang(12111010)

(2)

Other varieties of liquorice(12111090)

(3)

Saps and extracts of liquorice(13021200)

(4)

Acid powder, super of liquorice and derivatives thereof(29389000.10￿￿29389000.20￿￿29389000.30)

2.

Amount and times of the bid

(1)

The total biding amount of Glycyrrhiza inflata bat in Xinjiang is 1,000 tons for the whole year, and shall be bided for two times,
500 tons of which will be bided for the first time in December 2006.

(2)

The total biding amount of other varieties of liquorice is 2,800 tons for the whole year, and shall be bided for two times, 1.500
tons of which will be bided for the first time in December 2006.

(3)

The total biding amount of liquorice saps and extracts is 2,400 tons for the whole year, and shall be bided for two times, 1.400 tons
of which will be bided for the first time in December 2006.

(4)

The total biding amount of liquorice acid powder and super and derivatives thereof is 900 tons for the whole year, and shall be bided
for two times, 500ons of which will be bided for the first time in December 2006.

3.

Time of bids

Biding time: December 12 to 15, 2006

Terminal time of biding : 16￿￿0, December 18, 2006

Open time of biding: 10￿￿0, December 18, 2006

4.

Installment of electronic software for biding

(1)

Applying for an electronic key to the Chinese International Electronic Commerce Center (the contact telephone of each representative
office is publicized on the website of the Chinese International Electronic Commerce).

(2)

Entering into the Information Service System for the Electronic Biding Enterprises in the website of the Chinese International Electronic
Commerce(www.ec.com.cn), logging in each of information of the enterprise, and obtaining the procedure license number of the electronic
biding software distributed by the Chinese International Electronic Commerce Center.

(3)

Downloading the electronic biding software V3.1 from the website of the Chinese International Electronic Commerce, completing the
installment and keying in the obtained license number to active each function of the procedure.

5.

Biding Mode

(1)

Electronic biding will be employed for this bid through the website of the Chinese International Electronic Commerce. The Biding Office
will refuse any biding in written. Enterprises can bid by such two means:

a.

Member enterprises of the website of the Chinese International Electronic Commerce may bid by dialing via special web.

b.

Enterprises that are not members of the website of the Chinese International Electronic Commerce may entering into Internet first,
then log in the special web to bid on the strength of the free temporary biding username and password (see the attached column) publicized
by the website of the Chinese International Electronic Commerce for common use (only within the scope of the users of Win2000/XP
Operating System) and the server address for connecting VPN is vpnfree.ec.com.cn.

usersname￿￿￿￿password

zhaobiao￿￿￿￿ zhaobiao

zhaobiao1￿￿￿￿zhaobiao1￿￿

(2)

The enterprise can submit only one piece of electronic tender document before the terminal time of the biding, and where two or more
papers are submitted, the tender document of the enterprise is considered as invalid.

(3)

10 minutes later as of the completion of biding operation, the enterprise may inquire whether the tender document is successfully
accepted or not by the mainframe through entering into the Information Service System of the Electronic Biding Enterprises in the
website of the Chinese International Electronic Commerce. As for the tender document submitted only 30 minutes before the terminal
time of biding, the system shall not guarantee that it can feed back the information of whether the mainframe has accepted the paper
successfully or not.

For the Chinese International Electronic Commerce Center, the telephone for consumers: 010-67870108(first dialing 1 then 3 after contact);
the fax: 010-67800343; e ￿Cmail: callcenter@ec.com.cn.

6.

Biding amount

The highest biding amount shall be classified in accordance with the average export amount from 2004 to August 2006, namely:

(1)

Glycyrrhiza inflata bat in Xinjiang

the average export amount from 2004 to August, 2006 the highest biding amount￿￿

qualified enterprises of biding for glycyrrhiza inflata bat 150tones

in Xinjiang

(2)

Other varieties of liquorice

the average export amount from 2004 to August, 2006 the highest biding amount

more than 500tones (including 500tons) 280tones

150-500tones (including 150tones) 140tones

80-150tones (including 80tones) 70tones

less than 80tones (including new emerging enterprises) 20tones

(3)

Saps and extracts of liquorice

the average export amount from 2004 to August, 2006 the highest biding amount

more than 200tones (including 200tones) 160tones

100-200tones(100tones) 100tones

less than 100tones(including new emerging enterprises) 50tones

(4)

Acid powder, super of liquorice and derivatives thereof

the average export amount from 2004 to August, 2006 the highest biding amount

more than 80tones(including 80tones) 70tones

20-80tones(including 20tones) 40tones

less than 20tones(including new emerging enterprises) 10tones

7.

Biding price

The lowest biding price has been determined, and the enterprise may directly accept the lowest price determined by the Biding Committee
in its tender document. The tender document, of which the biding price is lower than the lowest determined by the Biding Committee,
shall be abolished.

8.

P rice and amount of winning bid

The biding prices of all the biding enterprises shall be arranged sequentially from high to low, and the biding amount will be accumulated
in light of the sequence. Where the accumulating biding amount is equal to the bid-inviting amount, enterprises reckoned in the accumulating
biding amount (namely the total amount of the invitation for bids) shall be the bid-wining ones, and the biding amount be the bid-winning
amount. Where the total biding amount of the enterprises with the lowest bid-winning price exceeds the remained quota, these enterprises
shall obtain in accordance with their biding amount proportions. Where the bid-winning amount is below the lowest biding amount,
it is handled as failing to win bids.

The biding price is the bid-winning price.

9.

Inquiry of the result of winning bid

This bid shall be opened at 10:00of December 19, 2006, and the preliminary result of winning bid will be promulgated on www.ec.com.cn
on December 20. In case any enterprise with any objection, it may submit to the Bidding Office before 15￿￿00 of December 24. Any
bidding enterprise may inquire about its status of winning bid examined and officially publicized by the Biding Committee via www.ec.com.cn
as of December 25. The Bidding office will not issue a written Notice for Winning Bid to enterprises.

10.

Deposit for Winning Bid

The deposit for winning bid (winning price ￿￿ining amount ￿￿0%) for this biding is 10 percent of the winning amount and shall be
remitted to the designated account before the February 28, 2007 by the wining enterprise.

Bank for opening the account: Beijing Wanda Square Branch of China CITIC Bank;

Account number: 7112410182600001628

The Biding Committee shall, in accordance with related provisions in the Measures and the Implementation Rules, punish enterprises
that fail to remit the deposit for winning bid and waste quota.

11.

As for the qualified enterprise of biding for liquorice and products thereof by such trade means as processing with supplied materials,
the quota amount may not be restricted by the total bid-inviting quota for the whole year, and half of the average bid-wining price
will be charged. The specific applying procedures shall be conducted according to related provisions.

12.

Bidding Office of Export Quotas of Liquorice and Products thereof

Address: 8/F, Building 12, Panjiayuan Nanli, Chaoyang District, Bejing; post code: 100021

Telephone : 010-67734756,67734746

Fax : 010-67702068,67734768

The Committee of the Invitation for Bid for Export Commodity Quotas

December 11, 2006



 
The Committee of the Invitation for Bid for Export Commodity Quotas
2006-12-11

 







ANNOUNCEMENT ON THE FIRST PUBLIC BIDDING FOR EXPORT QUOTAS OF CARBORUNDUM OF 2007

Announcement on the First Public Bidding for Export Quotas of Carborundum of 2007

The first public bidding for export quotas of carborundum of 2007 will start on December 15, 2006. In accordance with the relevant
provisions of Measures for the Invitation of Bid for Export Commodity Quotas and Circular on Printing and Issuance of Detailed Rules
on the Implementation of the Invitation of Bid for Export Quota of Industrial Products (Wai Jing Mao Mao Fa [2001] No.626), the relevant
matters are promulgated as follows:

I.

Name and Scope of the Commodities under the Invitation for Bid

Carborundum

Custom Coding of the Commodities:

28492000 Carborundum

38249090.10 Raw Carborundum

II.

Amount of Biding:

Amount of this public bidding of carborundum: 109,000 tons

III.

Time for Bid

Time for Biding: From December 15, 2006 to December 18, 2006

Time for Ending the Invitation for Bidding: 16￿￿0, December 18, 2006

Time for Opening Bid: 10￿￿0, December 19, 2006

IV.

Means of Bid

Bids will be conducted via www.ec.com.cn. An enterprise may send only one electronic bid document before the time point for ending
the invitation for bidding. When an enterprise successfully sent more than two (including two) electronic bid documents, the bid
documents shall be regarded as invalid.

China International Electronic Commerce Center (EDI) shall be responsible for the technical guarantee work for the electronic bids.
Problems on specific operation shall be interpreted by EDI.

Tel.: 010-67870108 (Call-Center)

010-67800472, 67800334, 67800365, 67800045

Fax: 010-67800343

V.

Amount of Bid

1.

The minimum amount of bid is 100 tons. The maximum amount of bid shall be classified according to the average annual amount of export
goods supply from 2003 to 2005 of the enterprise. The concrete scheme for the classification is as follows:

Average Annual Amount of Export Goods Supply￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿Maximum Amount of Bid

￿￿￿￿￿￿equal or greater than 500 tons￿￿￿￿￿￿￿￿￿￿￿￿average annual amount of export goods supply ￿￿48%

￿￿￿￿￿￿￿￿￿￿￿￿less than 500 tons￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿150 tons

2.

Average Annual Amount of Export Goods Supply=Actual Average Annual Amount of Export￿￿.95 + Actual Average Annual Sum of Export +
National Average Unit Price of Export￿￿.05+ Average Annual Amount of Goods Supply￿￿.05

Given that the actual average annual amount of export of an enterprise is greater than its average annual amount of goods supply,

Average Annual Amount of Export Goods Supply=Actual Average Annual Amount of Export￿￿.95 + Actual Average Annual Sum of Export/ National
Average Unit Price of Export￿￿.05

3.

Any bid document with an amount of bid above its maximum or below its minimum amount of bid shall be treated as an invalid bid.

VI.

Base Price for Bid

A base price of bid is set up for this invitation for bid. A bidding enterprise may directly incept the base price for bid as determined
by the Committee for Invitation for Bid in its own electronic bid document.

Any bid documents with a price level lower than the level of the base price for bid as provided by the Committee for Invitation shall
be treated as an invalid bid.

VII.

Price of Winning Bid and Amount of Winning Bid

The bid prices of all the bidding enterprises shall be sorted in descending order. The amounts of bid of the enterprises shall be
accumulated according to their order. When the accumulative amount of bid equals the total amount of invitation for bid, the enterprises
which are reckoned in the accumulative total amount of bid (i.e. the total amount of invitation for bid) shall be the bid winners.

The amount of winning bid of a bid winner is its amount of bid. If the total amount of bid of the enterprises at the base price level
exceeds the rest amount of quotas, the rest quotas shall be distributed among the enterprises at this price level. Any enterprise
whose amount of winning bid is less than the minimum amount of bid shall be taken as failing to win the bid.

The price of winning bid of an enterprise shall be its price of bid.

VIII.

Inquiry of the Result of Winning Bid

This invitation for bid shall be opened at 10￿￿0, December 15, 2006, and the preliminary result of winning bid will be promulgated
on www.ec.com.cn on the morrow. In case an enterprise has any question, it may submit to the Public Bidding Administration before
15￿￿00, December 22. Any bidding enterprise may inquire about its status of winning bid via www.ec.com.cn after December 25. The
Public Bidding Administration will not issue a written Notice for Winning Bid to each enterprise.

IX.

Deposit for Winning Bid

The deposit for winning bid for this invitation for bid is 10% of the award amount for the bid winner. Any enterprise, after it wins
the bid, shall remit the deposit for winning bid (price of winning bid ￿￿mount of winning bid￿￿0%) into an appointed bank account
before February 28, 2007.

Name of the Entity: China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters

Bank for Opening the Account; Beijing Wanda Square Branch of China CITIC Bank

Account Number: 7112410182600001325

As for any enterprise which fails to pay the deposit for winning bid, the Bidding Office shall execute in accordance with the relevant
provisions of Measures for Invitation of Bid and the Detailed Rules on the Implementation thereof.

X.

The Address of the Bidding Office of Export Quotas of Carborundum

: 17/F, Prime Tower, No. 22 Chaowai Street, Chaoyang District, Beijing

Postal Code: 100020

Tel.: 010-65882501-1721, 1730, 1732

Fax: 010-65882509

Committee for the Invitation for Bid for Export Commodity Quotas

December 11, 2006



 
Committee for the Invitation for Bid for Export Commodity Quotas
2006-12-11

 







ANNOUNCEMENT ON THE FIRST PUBLIC BIDDING FOR EXPORT QUOTAS OF FLUORSPAR LUMP (POWDER) OF 2007

Announcement on the First Public Bidding for Export Quotas of Fluorspar Lump (Powder) of 2007

The first public bidding for export quotas of fluorspar lump (powder) of 2007 will start on December 15, 2006. In accordance with
the relevant provisions of Measures for the Invitation of Bid for Export Commodity Quotas and Circular on Printing and Issuance of
Detailed Rules on the Implementation of the Invitation of Bid for Export Quota of Industrial Products (Wai Jing Mao Mao Fa [2001]
No.626), the relevant matters are promulgated as follows:

I.

Name and Scope of the Commodities under the Invitation for Bid

Fluorspar Lump (Powder)

Custom Coding of the Commodities:

25292100 fluorites with a content in weight of calcium fluoride lower than 97%

25292200.10 fluorites with content in weight of calcium fluoride above 97%

II.

Amount of Biding:

Amount of this public bidding of fluorspar lump (powder): 342,500 tons

III.

Time for Bid

Time for Biding: From December 15, 2006 to December 18, 2006

Time for Ending the Invitation for Bidding: 16￿￿0, December 18, 2006

Time for Opening Bid: 10￿￿0, December 19, 2006

IV.

Means of Bid

Bids will be conducted via www.ec.com.cn. An enterprise may send only one electronic bid document before the time point for ending
the invitation for bidding. When an enterprise successfully sent more than two (including two) electronic bid documents, the bid
documents, shall be regarded as invalid.

China International Electronic Commerce Center (EDI) shall be responsible for the technical guarantee work for the electronic bids.
Problems on concrete operation shall be interpreted by EDI.

Tel.: 010-67870108 (Call-Center)

010-67800472, 67800334, 67800365, 67800045

Fax: 010-67800343

V.

Amount of Bid

1.

The minimum amount of bid is 1,000 tons, the maximum amount of bid shall be classified according to the average annual amount of export
goods supply from 2003 to 2005 of the enterprise. The concrete scheme for the classification is as follows:

Average Annual Amount of Export Goods Supply￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿Maximum Amount of Bid

￿￿￿￿equal or greater than 5,000 tons￿￿￿￿￿￿￿￿￿￿￿￿average annual amount of export goods supply ￿￿39%

￿￿￿￿￿￿￿￿￿￿less than 5,000 Ton￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿_￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿2,000 tons

2.

Average Annual Amount of Export Goods Supply=Actual Average Annual Amount of Export + Average Annual Amount of Goods Supply￿￿.05

Given that the actual average annual amount of export of an enterprise is greater than its average annual amount of goods supply,

Average Annual Amount of Export Goods Supply=Actual Average Annual Amount of Export

3.

Any bid document with an amount of bid above its maximum or below its minimum amount of bid shall be treated as an invalid bid.

VI.

Base Price for Bid

A base price of bid is set up for this invitation for bid. A bidding enterprise may directly incept the base price for bid as determined
by the Committee for Invitation for Bid in its own electronic bid document.

Any bid documents with a price level lower than the level of the base price for bid as provided by the Committee for Invitation shall
be treated as an invalid bid.

VII.

Price of Winning Bid and Amount of Winning Bid

The bid prices of all the bidding enterprises shall be sorted in descending order. The amount of bid of the enterprises shall be accumulated
according to their order. When the accumulative amount of bid equals the total amount of invitation for bid, the enterprises which
are reckoned in the accumulative total amount of bid (i.e. the total amount of bid) shall be the bid winners.

The amount of winning bid of a bid winner is its amount of bid. If the total amount of bid of the enterprises at the base price level
exceeds the rest amount of quotas, the rest quotas shall be distributed among the enterprises at this price level. Any enterprise
whose amount of winning bid is less than the minimum amount of bid shall be taken as failing to win the bid.

The price of winning bid of an enterprise shall be its price of bid.

VIII.

Inquiry of the Result of Winning Bid

This invitation for bid shall be opened at 10￿￿0, December 19, 2006, and the preliminary result of winning bid will be promulgated
on www.ec.com.cn on the morrow. In case an enterprise has any question, it may submit to the Public Bidding Administration before
15￿￿00, December 22. Any bidding enterprise may inquire about its status of winning bid via www.ec.com.cn after December 25. The
Public Bidding Administration will not issue a written Notice for Winning Bid to each enterprise.

IX.

Deposit for Winning Bid

The deposit for winning bid for this invitation for bid is 10% of the award amount for the bid winner. Any enterprise, after it wins
the bid, shall remit the deposit for winning bid (price of winning bid ￿￿mount of winning bid￿￿0%) into an appointed bank account
before February 28, 2007.

Name of the Entity: China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters

Bank for Opening the Account; Beijing Wanda Square Branch of China CITIC Bank

Account Number: 7112410182600001325

As for any enterprise which fails to pay the deposit for winning bid, the Bidding Office shall execute in accordance with the relevant
provisions of Measures for Invitation of Bid and the Detailed Rules on the Implementation thereof.

X.

The Address of the Bidding Office of Export Quotas of Fluorspar Lump (Powder): 17/F, Prime Tower, No. 22 Chaowai Street, Chaoyang
District, Beijing

Postal Code: 100020

Tel.: 010-65882501-1721, 1730, 1732

Fax: 010-65882509

Committee for the Invitation for Bid for Export Commodity Quotas

December 11, 2006



 
Committee for the Invitation for Bid for Export Commodity Quotas
2006-12-11

 







ANNOUNCEMENT ON THE FIRST PUBLIC BIDDING FOR EXPORT QUOTAS OF TALC LUMP (POWDER) OF 2007

Announcement on the First Public Bidding for Export Quotas of Talc Lump (Powder) of 2007

The first public bidding for export quotas of talc lump (powder) of 2007 will start on December 15, 2006. In accordance with the relevant
provisions of Measures for the Invitation of Bid for Export Commodity Quotas and Detailed Rules on the Implementation of the Invitation
of Bid for Export Quota of Industrial Products (Wai Jing Mao Mao Fa [2001] No.626), the relevant matters are promulgated as follows:

I.

Name and Scope of the Commodities under the Invitation for Bid

Talc Lump (Powder)

Custom Coding of the Commodities:

25261020 Talc, not crushed or powdered

25262020 Talc, crushed or powdered

II.

Amount of Biding:

Amount of this public bidding of talc lump (powder): 310,000 tons

III.

Time for Bid

Time for Biding: From December 15, 2006 to December 18, 2006

Time for Ending the Invitation for Bidding: 16￿￿0, December 18, 2006

Time for Opening Bid: 10￿￿0, December 19, 2006

IV.

Means of Bid

Bids will be conducted via www.ec.com.cn. An enterprise may send only one electronic bid document before the time point for ending
the invitation for bidding. When an enterprise successfully sent more than two (including two) electronic bid documents, the bid
documents, shall be regarded as invalid.

China International Electronic Commerce Center (EDI) shall be responsible for the technical guarantee work for the electronic bids.
Problems on concrete operation shall be interpreted by EDI.

Tel.: 010-67870108 (Call-Center)

010-67800472, 67800334, 67800365, 67800045

Fax: 010-67800343

V.

Amount of Bid

1.

The minimum amount of bid is 200 tons, the maximum amount of bid shall be classified according to the average annual amount of export
goods supply from 2003 to 2005 of the enterprise. The specific scheme for the classification is as follows:

Average Annual Amount of Export Goods Supply￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿Maximum Amount of Bid

￿￿￿￿equal or greater than 1,000 tons￿￿￿￿￿￿￿￿￿￿￿￿average annual amount of export goods supply ￿￿48%

￿￿￿￿￿￿￿￿￿￿less than 1,000 tons￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿700 tons

2.

Average Annual Amount of Export Goods Supply=Actual Average Annual Amount of Export￿￿.9 + Actual Average Annual Sum of Export + National
Average Unit Price of Export￿￿.1+ Average Annual Amount of Goods Supply￿￿.05

Given that the actual average annual amount of export of an enterprise is greater than its average annual amount of goods supply,

Average Annual Amount of Export Goods Supply=Actual Average Annual Amount of Export￿￿.9+ Actual Average Annual Sum of Export/ National
Average Unit Price of Export￿￿.1

3.

Any bid document with an amount of bid above its maximum or below its minimum amount of bid shall be treated as an invalid bid.

VI.

Base Price for Bid

A base price of bid is set up for this invitation for bid. A bidding enterprise may directly incept the base price for bid as determined
by the Committee for Invitation for Bid in its own electronic bid document.

Any bid documents with a price level lower than the level of the base price for bid as provided by the Committee for Invitation shall
be treated as an invalid bid.

VII.

Price of Winning Bid and Amount of Winning Bid

The bid prices of all the bidding enterprises shall be sorted in descending order. The amounts of bid of the enterprises shall be
accumulated according to their order. When the accumulative amount of bid equals the total amount of invitation for bid, the enterprises
which are reckoned in the accumulative total amount of bid (i.e. the total amount of bid) shall be the bid winners.

The amount of winning bid of a bid winner is its amount of bid. If the total amount of bid of the enterprises at the base price level
exceeds the rest amount of quotas, the rest quotas shall be distributed among the enterprises at this price level. Any enterprise
whose amount of winning bid is less than the minimum amount of bid shall be taken as failing to win the bid.

The price of winning bid of an enterprise shall be its price of bid.

VIII.

Inquiry of the Result of Winning Bid

This invitation for bid shall be opened at 10￿￿0, December 19, 2006, and the preliminary result of winning bid will be promulgated
on www.ec.com.cn on the morrow. In case an enterprise has any question, it may submit to the Public Bidding Administration before
15￿￿0, December 22. Any bidding enterprise may inquire about its status of winning bid via www.ec.com.cn after December 25. The
Public Bidding Administration will not issue a written Notice for Winning Bid to each enterprise.

IX.

Deposit for Winning Bid

The deposit for winning bid for this invitation for bid is 10% of the award amount for the bid winner. Any enterprise, after it wins
the bid, shall remit the deposit for winning bid (price of winning bid ￿￿mount of winning bid￿￿0%) into an appointed bank account
before February 28, 2007.

Name of the Entity: China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters

Bank for Opening the Account; Beijing Wanda Square Branch of China CITIC Bank

Account Number: 7112410182600001325

As for any enterprise which fails to pay the deposit for winning bid, the Bidding Office shall execute in accordance with the relevant
provisions of Measures for Invitation of Bid and the Detailed Rules on the Implementation thereof.

X.

The Address of the Bidding Office of Export Quotas of Talc Lump (Powder): 17/F, Prime Tower, No. 22 Chaowai Street, Chaoyang District,
Beijing

Postal Code: 100020

Tel.: 010-65882501-1721, 1730, 1732

Fax: 010-65882509

Committee for the Invitation for Bid for Export Commodity Quotas

December 11, 2006



 
Committee for the Invitation for Bid for Export Commodity Quotas
2006-12-11

 







DECISION OF THE MINISTRY OF JUSTICE CONCERNING THE AMENDMENT OF THE MEASURES FOR ADMINISTERING THE REPRESENTATIVE OFFICES OF THE LAW FIRMS OF HONG KONG SPECIAL ADMINISTRATIVE REGION AND MACAO SPECIAL ADMINISTRATIVE REGION LOCATED IN THE MAINLAND

Decree No. 104 of the Ministry of Justice

No. 104

The Decision of the Ministry of Justice Concerning the Amendment of the Measures for Administering the Representative Offices of the
Law Firms of Hong Kong Special Administrative Region and Macao Special Administrative Region Located in the Mainland has been adopted
at the executive meeting of the Ministry of Justice upon deliberation on December 1, 2006. It is hereby promulgated and shall come
into force on January 1, 2007.
Minister Wu Aiying

December 22, 2006

Decision of the Ministry of Justice Concerning the Amendment of the Measures for Administering the Representative Offices of the Law
Firms of Hong Kong Special Administrative Region and Macao Special Administrative Region Located in the Mainland

For the purpose of promoting the closer economic partnership between Hong Kong, Macao and Mainland, and in accordance with the Supplementary
Agreement III on the Arrangement of Hong Kong/Mainland Closer Economic Relationship and the Supplementary Agreement III on Macao/Mainland
Closer Economic Partnership Arrangement as approved by the State Council, we decided to amend Article 19 in the Measures for the
Administration of the Representative Offices Stationed in the Mainland of China by Law Firms of the Hong Kong Special Administrative
Region and the Macao Special Administrative Region as follows: “Any representative of a representative office has the right to determine
the time for residing in the Mainland on his own initiative.”

The present Decision shall be enter into force as of January 1, 2007.

The Measures for the Administration of the Representative Offices Stationed in the Mainland of China by Law Firms of the Hong Kong
Special Administrative Region and the Macao Special Administrative Region (Promulgated by Order No.70 of the Ministry of Justice
and Amended by Order No. 84 of the Ministry of Justice) shall be revised correspondingly in accordance with the present Decision
and promulgated again.



 
The Ministry of Justice
2006-12-22

 







NOTIFICATION NO.35, 2006 OF THE TENDERING BOARD FOR FOREIGN ASSISTANCE PROJECTS OF THE MINISTRY OF COMMERCE OF THE PEOPLE’S REPUBLIC OF CHINA

Notification No.35, 2006 of the Tendering Board for Foreign Assistance Projects of the Ministry of Commerce of the People’s Republic
of China

No.35, 2006

Tendering Board of Foreign Assistance Projects of the Ministry of Commerce held the 35th regular meeting of 2006 on Dec 22, 2006.
Relevant matters and decisions are now announced as follows:

1.

The tendering board examined and approved enterprises winning the bid of project of medical equipment for hospital of officials in
aid of Nepal.

2.

The tendering board worked over the bidding means of the construction of parliament mansion in aid of Lesotho.

Tendering Board of Foreign Assistance Projects of the Ministry of Commerce

Dec 22, 2006



 
The Tendering Board for Foreign Assistance Projects of the Ministry of Commerce
2006-12-22

 







ANNOUNCEMENT NO.74, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS ON ADOPTING THE ANNOTATIONS ON THE HARMONIZED COMMODITY DESCRIPTION AND CODING SYSTEM (2007 EDITION) FOR NOTING IMPORT-EXPORT TARIFF COMMODITIES AND ITEMS THEREOF

Announcement No.74, 2006 of the General Administration of Customs on Adopting the Annotations on the Harmonized Commodity Description
and Coding System (2007 Edition) for Noting Import-export Tariff Commodities and Items thereof

[2006] No. 74

In accordance with the related provisions on rights and obligations of the contracting states in the Convention of the Harmonized
Commodity Description and Coding System, we hereby proclaim as follows:

As from January 1,2007, an import-export tariff, as based on the Harmonized Commodity Description and Coding System (2007 Edition)
(hereinafter referred to as the Harmonized System) of the World Customs Organization was adopted. With a view to guaranteeing the
uniform understanding and implementation of the Harmonized System by each contracting state, the World Customs Organization has formulated
the Annotations on the Harmonized Commodity Description and Coding System, which are the statutory annotations on the scope and descriptions
of commodities under the items of the Harmonized System. The General Administration of Customs has organized the print of the Annotations
on the Harmonized Commodity Description and Coding System, which is one of the legal bases for the Chinese costumes to classify import-export
tariff commodities.

The General Administration of Customs

December 27, 2006



 
The General Administration of Customs
2006-12-27

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE RELATED MATTERS CONCERNING THE SETTLEMENT MANAGEMENT OF LAND VALUE-ADDED TAX ON REAL ESTATE ENTERPRISES

Circular of the State Administration of Taxation on the Related Matters Concerning the Settlement Management of Land Value-added Tax
on Real Estate Enterprises

Cai Shui Fa [2006] No.187

The local taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central Government and cities specifically
designated in the state plan, the state taxation bureaus of Tibet Autonomous Region and Ningxia Autonomous Region:

In order to further enhance the settlement management of land value-added tax on real estate enterprises, in light of the Law of the
People’s Republic of China on the Administration of Tax Collection, the Provisional Regulations of the People’s Republic of China
on Land Value-added Tax and the related provisions, related issues are hereby notified as follows:

1.

Settlement unit for land value-added tax

The land value-added tax shall be settled for each real estate development project examined and approved by related authorities of
the state; if any project is developed by stages, it shall be settled for each stage of the project.

In case a development project comprises both ordinary housing and non-ordinary housing, the added value shall be respectively calculated.

2.

Settlement requirements for land value-added tax

(1)

In case of any of the following circumstances, the taxpayer shall perform the settlement of its land value-added tax:

(a)

a real estate development project has been finished and sold out;

(b)

a real estate development project that has not been finished and is subject to final accounts is transferred as a whole;

(c)

the land use right is transferred directly.

(2)

In case of any of the following circumstances, the competent tax authority may require the taxpayer to carry out the settlement of
its land value-added tax:

(a)

As regards a real estate development project that has been finished and accepted, the proportion of the building area that is already
transferred to the whole project area is more than 85 percent; or while this proportion is lower than 85 percent, the residuary salable
building area has been leased or used for self-purpose;

(b)

The sale is not yet finished upon the expiration of three years as of the day when the sale ( advance sale) license is obtained;

(c)

The taxpayer has filed an application for writing-off tax registration but has not handled the formalities for settling the land value-added
tax yet;

(d)

Other circumstances as prescribed by the tax authorities at the provincial level.

3.

Determination of the revenues generated from the real estate used for non-direct sales and self-use

(1)

Where the development products of a real estate enterprise are used by this enterprise as the welfare of its workers, reward, foreign
investment, distributions to the shareholders or investors, compensation for debts, substitution for the non-monetary assets of any
other entity or individual, etc., in case the ownership is transferred, it shall be deemed as the sale of real estate, and its revenues
shall be determined under the methods and sequence as follows:

(a)

the revenues shall be determined subject to the average price of the same kind of real estate that was sold by this enterprise at
the same district and in the same year;

(b)

the revenues shall be determined by the competent tax authority with reference to the market price or appraised value of the same
kind of real estate that was sold at the same district and in the same year.

(2)

Where a real estate enterprise changes the use of some real estate it develops to self-use, lease or for any other commercial purpose,
in case of no transfer of property ownership, it shall be exempted from the land value-added tax, the revenue therefrom may not be
listed in the settlement of tax payment, and the costs and expenses may not be deducted accordingly.

4.

Deductible items of land value-added tax

(1)

A real estate enterprise shall calculate the amount under the deductible items concerning the settlement items pursuant to the provisions
of Article 6 of the Interim Regulations of Land Value-added Tax and Article 7 of the rules for the implementation thereof when
handling the land value-added tax settlement. It shall provide the legal and effective vouchers when deducting the part paid for
obtaining land use right, real estate development costs, expenses and the related taxes paid for the transfer of real estate; otherwise,
no aforesaid expenses may be deducted, unless it is prescribed otherwise.

(2)

In case the vouchers or materials on prophase construction costs, building and installation engineering costs, infrastructural costs
and development overheads, the deduction of which is granted to a real estate enterprise when it performs the settlement of land
value-added tax, fail to satisfy the settlement requirements or are fallacious, the local tax authority may check and ratify the
standards for calculating the unit area amount of the aforesaid four development costs with reference to the materials on construction
costs and ratings published by the local administrative department of construction cost and integrating the building structure, purpose
and location and other related factors into consideration, and make corresponding calculations and deductions. The tax authorities
at the provincial level shall be responsible for the determination of the specific measures for check and ratification.

(3)

As regards any public facilities as neighborhood committee or police station, chamber, parking lot (garage), premise for realty management,
transformer substation, thermal station, water plant, premise for cultural and sports activities, school, kindergarten, nursery,
hospital, facility for postal and communications, which is developed and built by a real estate enterprise and is auxiliary to the
settlement items, it shall be disposed subject to the principles as follows:

(a)

if its property right is owned by all proprietors after it has been finished, its costs and expenses may be deducted;

(b)

if it is gratuitously transferred to the government or any public utility entity for non-profitable social public service after it
has been finished, its costs and expenses may be deducted;

(c)

if it is transferred with compensation after it has been finished, the revenues therefrom shall be calculated and the costs and expenses
may be deducted upon approval.

(4)

As regards any decorated premise sold by a real estate enterprise, the decoration fees may be incorporated into the real estate development
cost.

The expenses drawn by a real estate enterprise in advance may not be deducted except it is prescribed otherwise.

(5)

The deductible amount under the settlement items of the common costs or expenses cost by more than one real estate projects shall
be calculated and determined subject to the proportion of the salable building area under the settlement items to the total building
area of all the projects concerned or in any other reasonable means.

5.

Materials to be submitted for the settlement of land value-added tax

A taxpayer that satisfies the provision of Subparagraph (1) of Article 2 of this Circular shall handle the formalities for settlement
at the competent tax authority within 90 days as of the data when it meets the settlement requirements; a taxpayer that satisfies
the provision of Subparagraph (2) of Article 2 of this Circular shall handle the formalities for settlement within the time limit
prescribed by the competent tax authority.

When performing the settlement of land value-added tax, a taxpayer shall submit the materials as follows:

(1)

application in written form for the settlement of land value-added tax and land value-added tax returns;

(2)

statements on the final accounts of finished projects, vouchers regarding the payment of land price for obtaining land use right,
contracts about the transfer of state-owned land use right, requisitions on the settlement of bank loan interests, settlement bills
of project construction contracts, statistical statements on the contracts for sales of commercial housing and other evidential documents
concerning the revenues, costs and expenses of transferring real estate;

(3)

other evidential documents concerning the settlement of land value-added tax as required to be submitted by the competent tax authority.

With respect to a settlement account checked and verified by an intermediary entrusted by the taxpayer, it shall also submit the Verification
Report on the Settlement of Land Value-added Taxes issued by the intermediary.

6.

Check and verification of the settlement items of land value-added tax

An intermediary of taxation shall issue authentication report in light of the format prescribed by the tax authority when checking
and verifying the settlement items upon entrustment. The tax authority may adopt an authentication report that satisfies the related
requirements.

The tax authorities shall suggest explicit requirements on access conditions, work process, content to be verified, legal responsibilities,
etc., for the intermediaries of taxation embarking on the settlement and verification work of land value-added tax, and make sure
the work on leading and managing these organs.

7.

Collection of land value-added tax upon verification

In case of any of the following circumstances occurs to a real estate enterprise, the tax authority may, collect land value-added
tax against it upon verification on the basis of the levying rate that is no less than the advance levying rate with reference to
the tax burdens of the local enterprises similar to it in terms of development scale and income level:

(1)

it fails to establish accounting books as it should do so in light of the provisions of laws and administrative regulations;

(2)

it destroys the accounting books without permission or refuses to offer the data of tax payments;

(3)

it has set up accounting books, nevertheless, the accounting items are perplexing, or its cost data, revenue vouchers and expense
vouchers are mutilated and incomplete and the transfer income or amount under the deductible items is difficult to be determined;

(4)

it complies with the settlement conditions of land value-added tax, but it fails to handle the formalities for settlement within the
prescribed time limit, and it is ordered to perform settlement within a certain time limit by the tax authority but still fails to
do so in case of the expiration;

(5)

the taxable basis declared is clearly on the low side and no justifiable reason exits.

8.

Handling of transferring real estate after settlement

Where any real estate fails to be transferred when conducting the settlement of land value-added tax but is sold or transferred with
compensation after the settlement, the taxpayer shall file the land value-added tax returns pursuant to related provisions. The amount
under the deductible items shall be calculated by multiplying the cost for unit building area with the areas sold or transferred.

the cost for unit building area = the amount under the deductible items of the settlement ￿￿total building area of the settlement

This Circular shall come into force as of February 1, 2007. All provincial tax authorities shall formulate specific administrative
measures for settlement subject to the provisions of this Circular and upon the actual situation of each province.

The State Administration of Taxation

December 28, 2006



 
The State Administration of Taxation
2006-12-28

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING THE DETERMINATION OF THE BASIS FOR THE CALCULATION OF VEHICLE PURCHASE TAX

Circular of the State Administration of Taxation concerning the determination of the Basis for the Calculation of Vehicle Purchase
Tax

Guo Shui Han [2006] No. 1139

The state taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, and cities
specifically designated in the state plan:

After the Notice of the State Administration of Taxation concerning Related Matters on Using the New Version of Uniform Invoice for
Motor Vehicle Sale (Guo Shui Han [2006] No. 479, referred to as the Notice hereinafter) was distributed, the State Administration
of Taxation made some modifications to the specimen of the new version of the Uniform Invoice for Motor Vehicle Sale, and some regions
asked for the State Administration of Taxation to clarify the calculation method of the prices of vehicles without VAT. Our circular
regarding relevant issues are given as follows:

1.

According to the related provisions of the Interim Regulations of the People’s Republic of China on Value-added Tax and the detailed
rules for the implementation thereof, the formula for calculating the taxpayer’s sales amount with VAT unpaid shall be:

Sales Amount = Sales Amount with Duty ￿￿(1 + Tax Rate or Levying Rate of VAT)

When the competent taxation authority determines the basis for calculating and collecting the vehicle purchase tax, the method of
calculating the vehicle’s price with VAT unpaid shall be as same as that of calculating VAT, namely,

Price with Duty Unpaid= (Total Price + Off-price Fees) ￿￿(1 + Tax Rate or Levying Rate of VAT)

2.

The notes of Paragraph (1) of Article 12 of Appendix 1i.e Form on Vehicle Purchase Tax Return of the Measures for the Administration
of Vehicle Purchase Tax Collection” (Order No. 15 of the State Administration of Taxation), shall be revised as: “As for vehicles
purchased within the territory of China, the form shall be filled out in accordance with the uniform invoice for motor vehicle sale
(the column of price with duty unpaid)”; and Paragraph (3) shall be revised as: “As for vehicles which are produced, donated, awarded
or obtained by any other means and for self-use, the form shall be filled out in accordance with the uniform invoice for motor vehicle
sale (the column of price with duty unpaid)”.

These Provisions shall come into effect as of December 1, 2006.

The State Administration of Taxation

November 30, 2006



 
The State Administration of Taxation
2006-11-30

 







GUIDELINES FOR FINANCIAL INNOVATION OF COMMERCIAL BANKS

Guidelines for Financial Innovation of Commercial Banks

December 6, 2006
Chapter I General Provisions

Article 1

In order to encourage commercial banks to accelerate financial innovation, regulate financial innovation activities, and promote
continuous and healthy development of financial innovations in the banking industry, these Guidelines are formulated in accordance
with the “Banking Supervision Law of the People’s Republic of China”, the “Commercial Bank Law of the People’s Republic of China”
as well as other related laws and regulations.

Article 2

These Guidelines apply to all the Chinese-invested commercial banks, solely foreign-invested banks and Chinese-foreign equity joint
banks which are set up within the territory of the People’s Republic of China.

The policy banks, rural cooperative banks, urban credit cooperatives, rural credit cooperatives, and branches of foreign banks, which
are set up within the territory of the People’s Republic of China, shall refer to these Guidelines when making financial innovations.

The financial asset management companies, trust and investment corporations, financial lease companies, financial companies of business
groups, auto financing companies, currency brokerage companies, and other non-bank financial institutions, which are supervised by
China Banking Regulatory Commission and set up within the territory of the People’s Republic of China, shall refer to these Guidelines
when making financial innovations.

Article 3

The term “financial innovations” refers to the various innovative activities in respect of strategic decision making, system arranging,
institutional setting, personnel preparing, mode of management, business flow and financial products and so on, which are carried
out by commercial banks through bringing in new technologies, applying new methods, expanding new markets and establishing new organizations
in order to adapt to the development of economics, and which are finally embodied into continuous improvement of the risk management
capacities of banks, and the creations and updating of service products and service methods offered to customers.

Article 4

Financial innovation places the interests of the consumers at the core, and follows basic market principles in approach. Through
financial innovation, commercial banks raise their competitive strengths, improve their risk management skills, and better satisfy
the needs of their customers and market requirements. Financial innovation is one of the most important elements of the commercial
banks’ sustainable growth strategy.

Article 5

Commercial banks shall be fully aware that financial innovations and risk management are two sides of the same coin. A pre-condition
of financial innovation is proper risk management. Commercial banks must identify, measure, monitor and control new risks on a timely
basis.

Article 6

Commercial banks shall guarantee the existence of various necessary resources such as staff, funds, information technologies, internal
control resource and risk management resource and so on to carry out financial innovation activities.

Article 7

The China Banking Regulatory Commission (hereinafter referred to as The CBRC) shall take the promotion of financial stability and
the advancement of financial innovation as the prime criteria of sound supervision, insist in taking the principle of paying equal
attention to both encouragement and regulation and attaching importance to both cultivation and risk prevention, and supervise and
administer financial innovation activities of commercial banks subject to the related laws, regulations and these Guidelines.

Article 8

The CBRC will actively create an system and legal environment which is propitious for financial innovations, timely amend related
provisions which are not suitable for financial innovations, and follow up and appraise the supervision rules and policies at regular
intervals and update them timely on the basis of fully considering the market changes and the public needs, so as to continuously
enhance the supervision validity.

Article 9

THE CBRC shall actively drive the construction of a market environment that is suitable for financial innovations, promote the formation
of fair trading rules for financial innovation activities, create a market environment for fair competition, and establish a good
order for financial competition.

Chapter II Basic Principles

Article 10

Commercial banks shall insist on the principle of legality and compliance, abide by laws, administrative regulations, and rules in
the process of financial innovation. No commercial bank shall be allowed to violate any laws and regulations or evade supervision
in any disguised form under the name of financial innovation.

Article 11

Commercial banks shall insist on the principle of fair competition, other than make low-price dumping, vicious competition or other
kinds of unfair competitive behaviors for the purpose of squeezing out competition counter-parties in the process of financial innovation.

Article 12

Commercial banks shall fully respect others’ intellectual property rights other than infringe upon the intellectual property rights
or commercial secrets of others in the process of financial innovation. Commercial banks shall make effective strategies to protect
intellectual property and protect independently innovated financial products and services.

Article 13

Commercial banks shall insist on the principles that the costs can be calculated, the risks can be controlled and the information
shall be fully disclosed in the process of financial innovation.

Article 14

Commercial banks shall “know its own business” in the process of financial innovation. The board of directors and the senior management
shall guarantee themselves to have a good understanding of the bank’s financial innovation business, operation, and market situation
with certain effective methods.

Article 15

Commercial banks shall “know its own risks” in the process of financial innovation. The board of directors and the senior management
shall have an adequate knowledge of the risks in financial innovation activities, appraise, examine and approve the policies concerning
financial innovation activities and the risk limitation of different kinds of new products at regular intervals, so as to limit the
risks of financial innovation activities within a controllable scope.

Article 16

Commercial banks shall “know its own customers” in the process of financial innovation. Commercial banks shall define the target
customer groups, fully investigate the customer’s risk preference, risk recognition capacity and risk tolerance, appraise customers
with the need of business, and provide different financial products and services in the light of different target customer groups.
No commercial bank shall be allowed to provide products and services which are incompatible with the customers’ true needs and risk
tolerance to its customers.

Article 17

Commercial banks shall “know its own counter-parties” in the process of financial innovation. When the commercial banks carries out
business concerning with investment or trading, it shall make a careful analysis and research on its counter party’s credit risks,
market risks and legal risks, make a good management of the counter party’s risks, closely follow up the status of the counter party’s
risks and take effective counter-measures especially when the market circumstance changed greatly.

Article 18

Commercial banks shall comply with code of professional ethics and code of conduct, completely accomplish the duty obligation, and
fully ensure the interests of financial consumers and investors in the process of financial innovation.

Chapter III Operation Mechanism

Article 19

The board of directors of a commercial bank shall be responsible for making financial innovation development strategies and corresponding
risk management policies, and supervise the implementation of the strategies and policies. The board of directors shall make sure
that the senior management staff have adequate funds and qualified professional talented people in order to effectively carry out
the strategies and manage the risks brought about in the process of innovation. The board of directors shall make sure that the development
strategies and risk management policies of financial innovations are in accordance with the overall strategies and risk management
policies of the whole bank.

The senior management shall be responsible for carrying out the development strategies and risk management policies of financial innovations
formulated by the board of directors. The senior management shall set up systems of risk management, internal control, documents
management, audit flow management and institutions concerning trainings and information feedback, which can be applied for effectively
managing innovation activities.

Article 20

Commercial banks shall optimize the internal institutional structure and the business flow, form a business implementation framework
with sound functions of marketing services in the foreground, rigorous risk control in the middle ground, and powerful guaranty and
support in the background, and in light of its real situation, simplify the management levels, gradually reconstruct the existing
“departmental bank”, establish a “flow bank” suitable for financial innovations to realize the separation of foreground, middle ground
and background from each other and their effective coordination and cooperation.

Article 21

Commercial banks shall formulate and improve the internal management procedures concerning products and services of financial innovations,
and the procedures shall at least contain such stages as demand initiation, project initiation, design, development, test, risk evaluation,
examination and approval, commissioning, trainings, sales, post evaluation, and regular renewing; the commercial bank shall analyze
the market demand, target customer and cost-income detailedly, make scientific risk evaluation and risk pricing, accurately measure
the benefits after risk adjustment.

Article 22

Commercial banks shall make bylaws in advance before introducing financial innovation products and services, and formulate operation
provisions, institution of internal management, and reminding contents for customers in accordance with each type of business, and
that whose conditions are mature shall formulate a product manual.

Article 23

Commercial banks shall enhance the input of the information of science and technology for financial innovations, set up an effective
technology support system and management information system for innovation business, guarantee the integrity and safety of data information,
as well as the continuously carrying out operating plans and business flow, and improve the advanced technology of financial innovations.

Article 24

Commercial banks shall establish and improve a customer relationship management system which is considered customer as center regarding
its reality, effectively integrate the information of customers, and provide customers with more innovative products and services
through data analysis and mining, continuously improve the service level for customers, and enhance customer satisfaction.

Article 25

Commercial banks shall gradually set up a performance evaluation and appraisal mechanism suitable for financial innovation activities
so as to form an effective incentive mechanism and enterprise culture atmosphere which can promote financial innovations.

Article 26

Commercial banks shall gradually formulate salary bylaws, training plans and human resource strategies suitable for financial innovation
activities in order to continuously attract professional people with rich experiences, and enhance the professional capacity of financial
innovation.

Article 27

Commercial banks shall organize training activities for financial innovation with different kinds, so as to ensure its staff to have
an intimate knowledge of the features and the work flow of innovative products and services, establish and improve the mechanism
of qualification confirmation and evaluation of the jobholders of related business, and make sure its staff who are engaged in the
innovation business have necessary professional qualifications and practical work experiences.

Chapter IV Protection of Customers’ Interests

Article 28

Commercial banks shall comply with the standard of behavior in its industry and the business conduct for employees of banks, provide
customers with accurate, fair information without misleading, and fully reveal the rights, obligations and risks related to the innovative
products and services in the process of financial innovation.

Article 29

Commercial banks shall comply with the requirements of laws and regulations, as well as the agreements with customers, and perform
necessary confidentiality obligations.

Article 30

Commercial banks shall provide customers with professional, objective and fair suggestions, and especially attach great importance
to and faithfully perform the obligations and duties to customers in accordance with requirements of the related laws in the process
of financial innovation. .

Article 31

Commercial banks shall be competent to identify and appropriately handle different kinds of interest conflicts arising out of financial
innovations, and fairly deal with the interest conflicts between the bank and the customers, or between the bank and the third-party
service provider.

Article 32

Commercial banks shall strictly define bank assets and customer’s assets and separate them, make effective risk separation management,
and make an adequate protection of customer’s assets.

Article 33

Commercial banks shall establish corresponding records about customer information fitting for the requirements of innovation services,
do a good job in the evaluation of customers’ suitability to the innovative products and services, and induct customers to invest
and consume rationally.

Article 34

Commercial banks shall, in the process of financial innovation, establish channels to effectively take up the complaints and suggestions
from customers, timely, efficiently, and responsibly deal with the customers’ complaints, summarize and analyze the information from
customers’ complaints at regular intervals, report the customers’ complaints and the corresponding settlement to the related persons
and departments at regular intervals, study and handle customers’ potential requirements and improvement suggestions regarding financial
innovations, and continuously improve the service quality and service level of financial innovations.

Chapter V Risk Management

Article 35

The risk management of financial innovation activities shall be involved into the uniform risk management system of the whole bank
by a commercial bank’s board of directors and the senior management.

The risk management committee under the board of directors shall implement unified management on the risks in financial innovation
activities and other traditional business, formulate proper procedures of risk management and measures of risk control, and clearly
define the detailed duties of each business line and related departments.

Article 36

Commercial banks shall formulate perfect risk management policies, procedures and risk limitations, and make sure that the different
kinds of financial innovation activities are in accordance with its management capacity and professional level.

Article 37

Commercial banks shall establish and improve a framework for risk management by the way of effective management information system,
fully identify, measure, monitor and control the risks brought from financial innovation activities.

Article 38

Commercial banks shall establish perfect internal control bylaws fitting for the nature and scale of the different kinds of financial
innovation business, and examine the establishment and implementation of the internal control institutions through independent internal
audit and external audit.

Article 39

Commercial banks shall make rigid compliance examination to the financial innovation activities to be carried out, accurately define
the different kinds of juridical relationships involved in thereof, clarify the laws and policies which might be concerned, study
and formulate corresponding settlement measures, and earnestly prevent compliance risks.

Article 40

Commercial banks shall verify and modify the critical models, assumed conditions and model parameters at regular intervals in the
light of the policy adjustments and market environment changes, and regarding the features of financial innovation activities, and
formulate risk forewarning and pre-arranged for risk disposal. The board of directors and the senior management shall be responsible
for making plans responded to business emergency and continuity plans.

Chapter VI Supervision and Administration

Article 41

The CBRC encourages commercial banks with following conditions to make financial innovations:

(1)

Its capital adequacy ratio is up to the standards;

(2)

It has good corporate governance structure;

(3)

It has rigorous internal control;

(4)

Its core index of risk supervision is in accordance with the prudence requirements of the regulatory authorities; and

(5)

There is no significant behavior to offend against the law or break the rule in the latest three years.

Article 42

As regards the financial innovation activities, the CBRC will simplify the procedures of examination and approval, change the way
of supervision, formulate the standards for prudent supervision and procedures for operating supervision for different kinds of new
business, intensify persistency supervision, pay more attention to the whole course risk control of risk management, internal audit,
pricing mechanism, information disclosure and other procedures concerning innovation activities, and warn the risks in time.

Article 43

The CBRC encourages commercial banks to make business communications with the CBRC in advance, and exchange opinions in light of
the focused risks and the risk control measures in order to improve the efficiency of examination and approval.

Article 44

The CBRC encourages commercial banks to establish more open and more cooperative relationship between the regulating department and
the regulated departments in the activities of financial innovation, timely report the risk incidents or significant changes in the
market environment to the regulatory authority with responsibility.

Article 45

The CBRC, commercial banks and the banking association shall have responsibility to jointly enhance the promulgation and education
of financial knowledge to the public, promote the public’s knowledge of financial innovations and recognition of the principle that
the buyer is to be responsible for one’s own action, enhance the public’s comprehension to the modern financial knowledge, and continuously
strengthen the public’s risk prevention consciousness and risk tolerance.

Article 46

If a commercial bank violates these Guidelines, the CBRC shall penalize it by related laws and regulations, and by taking other corresponding
supervisory measures.

Chapter VII Supplementary Provisions

Article 47

The CBRC shall be responsible for the interpretation of these Guidelines.

Article 48

These Guidelines shall enter into force as of December 11, 2006.



 
The China Banking Regulatory Commission
2006-12-06

 







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...