Brazilian Laws

CIRCULAR OF THE CHINA SECURITIES REGULATORY COMMISSION ON SEVERAL ISSUES CONCERNING THE STANDARDIZATION ON OVERSEAS LISTING OF SUBORDINATED ENTERPRISES OF DOMESTICALLY-LISTED COMPANIES

China Securities Regulatory Commission

Circular of the China Securities Regulatory Commission on Several Issues Concerning the Standardization on Overseas Listing of Subordinated
Enterprises of Domestically-Listed Companies

Zheng Jian Fa [2004] No.67

August 10, 2004

To various listed companies:

In accordance with the provisions of such laws, administrative regulations as the Company Law of the People’s Republic of China, the
Securities Law of the People’s Republic of China and the Special Provisions of the State Council Concerning the Overseas Offering
and Listing of Shares by Joint Stock Limited Companies, related issues concerning the standardization on overseas listing of the
enterprises subordinated to domestically-listed companies (hereinafter referred to as “listed companies”) are hereby notified as
follows:

1.

Overseas listing of the enterprises subordinated to listed companies as used herein shall refer to acts of subordinated enterprises
under the control of listed companies (hereinafter referred to as “subordinated enterprises”) to issue shares in a public offer on
overseas securities markets.

2.

Listed companies shall meet the following requirements if their subordinated enterprises apply for overseas listing:

(1)

Listed companies have been profitable for the last consecutive three years.

(2)

Businesses and assets, into which listed companies’ issued shares and raised funds in the last three fiscal years were invested, shall
not be used as capital of the subordinated enterprises for the application for overseas listing.

(3)

Net profits of subordinated enterprises enjoyed by listed companies according to rights and interests in consolidated statements of
the last fiscal year shall not exceed 50% of net profits of such listed companies in consolidated statements;

(4)

Net assets of subordinated enterprises enjoyed by listed companies according to rights and interests in consolidated statements of
the last fiscal year shall not exceed 30% of net assets of such listed companies in consolidated statements;

(5)

No horizontal competition may exist between listed companies and their subordinated enterprises, their assets and financial affairs
shall be separated from each other and no cross appointment among management personnel may take place between them;

(6)

Shares of subordinated enterprises as held by directors, senior executives and affiliated persons of the listed companies and their
enterprises subordinated shall not exceed 10% of the total share capital before such subordinated enterprises are listed abroad;

(7)

Listed companies may not have the circumstance that their funds or assets are occupied by any individual, legal person or other organization
and affiliated person hereto which have de facto control, and there is no other major affiliated transaction that will injure the
companies’ rights and interests; and

(8)

Limited companies haven’t committed grave offenses in contravention of laws and regulations in the recent three years.

3.

As to matters on the overseas listing of subordinated enterprises, listed companies shall, according to the requirements of this Circular,
make resolutions on the following items subject to laws:

(1)

The board of directors shall make resolutions on such matters as whether or not overseas listing of subordinated enterprises conform
to this Circular, overseas listing programs of subordinated enterprises, commitments made by listed companies to maintain their independent
listing status as well as explanations on the capacity to continue their profits and prospects of their continuous profits, and shall
report all of such matters to the shareholders’ general meeting for approval;

(2)

The shareholders’ general meeting shall item by item review and vote for the overseas listing programs of subordinated enterprises,
independent listing status maintained by listed companies, explanations on capacity for continuous profits and prospects of their
continuous profits as stated under proposals submitted by the board of directors; and

(3)

Where directors of listed companies and their senior executives arrange shareholding plans for subordinated enterprises, independent
directors shall solicit voting rights from shareholders of tradable shares (public shares) for the said arrangement, the resolution
of which shall be adopted with half or more of the voting rights held by shareholders of tradable shares (public shares) present
at the shareholder’s general meeting.

4.

Listed companies shall appoint securities operating institutions, which were registered with the China Securities Regulatory Commission
and incorporated into a name list of sponsored institutions, to act as their financial advisors (hereinafter referred to as “financial
advisors”) in charge of the maintenance of the continuous listing status of such companies. Such financial advisors shall exercise
the following duties:

(1)

The financial advisor shall, according to this Circular, carry out an conscientiously investigation and verification in due diligence
on documents of application filed by the enterprises subordinated to listed companies for overseas listing, produce financial advisor
reports, undertake that there is no false recording, misrepresentation or important omission in listed companies’ application documents
with good reasons and firmly believe that listed companies will still hold independent and continuous listing status, and retain
persistently-operable core assets and business, after the enterprises subordinated to such listed companies are listed abroad;

(2)

Financial advisors shall, within the remaining days of the current year when subordinated enterprises are listed abroad and a full
fiscal year thereafter, ceaselessly supervise listed companies to maintain their listing status and shall undertake the following
tasks:

1)

to continuously focus on independent operating status and persistent operation capacity of the core assets and business of listed
companies;

2)

in respect of changes in assets and financial status made by subordinated enterprises that have grave impacts on interests and benefits
of listed companies, as well as other important information affecting the share price of listed companies, to supervise such listed
companies to perform their obligations of disclosure subject to laws; and

3)

within ten working days after the completion of continuous supervision, to report to the China Securities Regulatory Commission and
stock exchanges the “Summary Report on Continued Listing”.

5.

Listed companies shall, on the next day following the events below, perform their obligations of disclosure:

(1)

resolutions adopted by the board of directors and the shareholders’ general meeting in terms of the overseas listing of subordinated
enterprises;

(2)

acceptance of application filed by subordinated enterprises to the China Securities Regulatory Commission for overseas listing;

(3)

approved overseas issuance in an public offer of subordinated enterprises; and

(4)

listed companies shall timely disclose major events to domestic investors which are firstly disclosed by subordinated enterprises
to foreign investors and may cause abnormal fluctuations of share price. Listed companies shall, under items of significant events
in the annual report, explain business development of their subordinated enterprises.

6.

Any financial advisor shall, by applying mutatis mutandis the provisions of the Interim Measures for the Stock Issuance and Listing
Recommendation System, observe laws, administrative regulations, provisions stipulated by the China Securities Regulatory Commission
as well as industry codes of practice, follow the principles of honesty and good faith in due diligence, conscientiously produce
related financial advisor reports, and continuously supervise listed companies to maintain their independent listing status. The
China Securities Regulatory Commission shall, in accordance with the Interim Measures for the Stock Issuance and Listing Recommendation
System, conduct supervision over the practice of financial advisors.

7.

The enterprises subordinated to listed companies applying for overseas listing shall prepare and report application documents and
relevant materials according to the requirements of the China Securities Regulatory Commission, which shall be responsible for granting
administrative licenses to the said subordinated enterprises for their application for overseas listing.

8.

This Circular shall not apply to listed companies that simultaneously issue domestic listing of Chinese-oriented stocks and domestic
listing of foreign-oriented stocks



 
China Securities Regulatory Commission
2004-08-10

 







AUCTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

e00167

Standing Committee of the National People’s Congress

Auction Law of the People’s Republic of China

(Adopted at the 20th session of the Standing Committee of the Eighth National People’s Congress on July 5th, 1996, promulgated by
Order No. 70 of the President of the People’s Republic of China on July 5th, 1996, and effective as of January 1st, 1997; Revised
at the 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China on August
28th, 2004)

ContentsChapter I General Provisions

Chapter II Objects of Auction

Chapter III Parties to Auction

Section 1 Auctioneer

Section 2 Client

Section 3 Bidder

Section 4 Vendee

Chapter IV Auction Procedures

Section 1 Authorization of Auction

Section 2 Announcement of Auction and Display of Objects of Auction

Section 3 Execution of Auction

Section 4 Commission

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated with a view to standardizing acts of auction, maintaining order of auction and protecting the lawful rights
and interests of all the parties in activities of auction.

Article 2

This Law applies to auction activities conducted by auction enterprises within the territory of the People’s Republic of China.

Article 3

Auction refers to the means of selling and buying by which specific articles or goods or property rights are transferred through public
bidding to the bidder that offers the highest price.

Article 4

The parties in activities of auction shall observe the pertinent laws and administrative rules and regulations and adhere to the principles
of openness, fairness, justice and good faith.

Article 5

The department in charge of administration of the auction trade under the State Council shall conduct supervision over and administration
of the auction trade throughout the country.

The departments in charge of administration of the auction trade under the people’s governments of provinces, autonomous regions,
municipalities directly under the Central Government, or cities divided into districts shall conduct supervision over and administration
of the auction trade in their respective administrative regions.

Chapter II Objection of Auction

Article 6

Objects of auction shall be articles or goods or property rights which are owned by the client or which the client may dispose of
according to the law.

Article 7

Articles or goods or property rights banned for sale by laws or administrative rules and regulations shall not be made objects of
auction.

Article 8

As regards the articles or goods or property rights whose transference is subject to examination and approval as prescribed by laws
or regulations of the State Council, the parties concerned shall, before their auction, conduct the formalities for the examination
and approval according to the law.

As regards the cultural relics under authorization for auction, they shall, before their auction, be subject to appraisal and permission
given according to the law by the administrative department for cultural relics at the locality of the auctioneer’s residence.

Article 9

As regards articles or goods confiscated or used to offset tax money or fines by the administrative organs of the State in conformity
with law and other articles or goods, all of which should be auctioned through authorization as prescribed by regulations of the
State Council, the auction shall be conducted by auctioneers designated by the people’s governments of the provinces, autonomous
regions or municipalities directly under the Central Government or of the cities divided into districts, where such property is located.

Auction of articles or goods confiscated or used to offset tax money or fines by the People’s Courts according to the law and other
articles or goods that are retrieved but cannot be returned to their owners shall be governed by the provisions of the preceding
paragraph.

Chapter III Parties to Auction

Section 1 Auctioneer

Article 10

An auctioneer refers to an enterprise legal person that is established in conformity with this Law and the Company Law of the People’s
Republic of China and engaging in activities of auction.

Article 11

Auction enterprises may be established in cities divided into districts. Establishment of an auction enterprise shall be subject to
examination, verification and approval by the department in charge of the auction trade under the people’s government of the province,
autonomous region, or municipality directly under the Central Government in the place where the enterprise is to be established and
shall be registered with the administrative department for industry and commerce for obtaining a business license.

Article 12

To establish an auction enterprise, the following conditions shall be satisfied:

(1)

having a registered capital of RMB one million yuan or more;

(2)

having its own name, organizational structure, premises and Articles of Association;

(3)

having auction masters and other employees commensurate with the trade;

(4)

having rules for the auction trade that accord with the provisions of this Law and other relevant laws;

(5)

observing the regulations of the State Council relating to development of the auction trade; and

(6)

other conditions as prescribed by laws or administrative rules and regulations.

Article 13

An auction enterprise engaging in the auction of cultural relics shall have a registered capital of RMB 10 million yuan or more and
employees with the professional knowledge about auction of cultural relics.

Article 14

Auction activities shall be presided over by auction masters.

Article 15

An auction master shall fulfill the following requirements:

(1)

having acquired a 3-year college education or a higher education and professional knowledge about auction;

(2)

having worked two years at least in an auction enterprise; and

(3)

being a person of good conduct.

Anyone, who has been discharged from public employment or whose qualification certificate of auction master been revoked for less
than five years or who has been subject to criminal punishment for intentional offense, shall not be employed as an auction master.

Article 16

Examination for qualification of auction masters shall be arranged unifiedly by the Auction Trade Association. Persons who pass the
examination shall be issued qualification certificates for auction masters by the aforesaid association.

Article 17

The Auction Trade Association is a public organization legal person established in conformity with law and a self-disciplined organization
for the trade of auction. The Auction Trade Association shall, pursuant to this Law and its own Articles of Association, conduct
supervision over auction enterprises and masters.

Article 18

An auctioneer shall be enpost_titled to request his clients to make clear the origins and defects of the objects of auction.

An auctioneer shall make defects of the objects of auction known to bidders.

Article 19

An auctioneer shall have the duty of taking care of the articles or goods delivered by his clients to him for auction sale.

Article 20

After accepting entrust, the auctioneer may not entrust another auctioneer to perform the auction without prior consent of his client.

Article 21

An auctioneer shall keep the identity of his client or vendee confidential if so requested.

Article 22

An auctioneer and his employees may not get involved as bidders in the auction sale which is arranged by themselves and may not entrust
another to act as a bidder on their behalf.

Article 23

An auctioneer may not put his own articles or goods or property rights on an auction sale which is arranged by himself.

Article 24

When an auction transaction is concluded, the auctioneer shall deliver the money paid for the objects of auction to the clients as
agreed and transfer the objects of auction to the vendees as agreed.

Section 2 Client

Article 25

A client refers to a citizen, legal person or other organization that authorizes an auctioneer to auction his or its articles, goods
or property rights.

Article 26

A client may conduct the formalities for authorization of auction by himself or through his agent.

Article 27

A client shall make clear the origins and defects of the objects of auction to the auctioneer.

Article 28

A client shall be enpost_titled to determine the reservation price for the objects of auction and require the auctioneer to keep it confidential.

As regards auction of State assets, assessment of which is required pursuant to law or regulations of the State Council, assessment
shall be made by the appraisal institution established according to the law, and reservation prices for the objects of auction shall
be determined on the basis of the assessment made.

Article 29

A client may withdraw the objects of auction before the auction sale commences. In such a case, the client shall pay to the auctioneer
the expenses as agreed; in the absence of such an agreement, the client shall pay to the auctioneer a reasonable amount of expenses.

Article 30

A client may not participate in bidding and may not authorize others to bid on his behalf.

Article 31

Where it is agreed that the objects of auction shall be transferred by the client, after the auction transaction is concluded, the
client shall transfer the objects of auction to the vendees.

Section 3 Bidder

Article 32

A bidder refers to a citizen, legal person or other organization that participates in the bidding for objects of auction.

Article 33

Where requirements for selling and buying of objects of auction are provided for by law or administrative rules and regulations, a
bidder shall fulfill those requirements.

Article 34

A bidder may take part in bidding by himself or authorize his agent to participate in it.

Article 35

A bidder shall be enpost_titled to be informed of defects of the objects of auction and be enpost_titled to inspect them and to have access
to information relating to them.

Article 36

Once a bidder bids for a price, it shall be irrevocable, and it shall lose its binding force as soon as another bidder offers a higher
price.

Article 37

Bidders or bidders and auctioneers may not collude with each other out of ill intention to harm the interests of others.

Section 4 Vendee

Article 38

A vendee refers to a bidder who purchases an object of auction at the highest price offered by him.

Article 39

A vendee shall pay for the object of auction at the price agreed, in the case of failing that, he shall bear liabilities for default
or, with the consent of the client, the auctioneer may put the object of auction up at auction again.

In case the object of auction is auctioned again, the former vendee shall pay the commission that he himself and the client should
pay for the first auction sale. Where the price for the second auction sale is lower than that for the first one, the former vendee
shall make up the difference.

Article 40

In case a vendee fails to obtain the object of auction as agreed, he shall be enpost_titled to request the auctioneer or client to bear
liabilities for default.

Where a vendee fails to collect the object of auction as agreed, he shall pay the storage charge incurred thereby.

Chapter IV Auction Procedures

Section 1 Authorization Auction

Article 41

When a client authorizes auction of articles or goods or property rights, he shall provide his identity certificate and, as required
by the auctioneer, the ownership certificate for the objects of auction, or certificates and any other materials testifying that
he may dispose of the objects of auction according to the law.

Article 42

The auctioneer shall verify the pertinent certificates and materials offered by the client. When an auctioneer accepts authorization,
he shall enter into a contract for authorization of auction with the client.

Article 43

The auctioneer may have the objects of auction evaluated, if he deems it necessary.

In case the conclusion of the expert evaluation does not conform to the descriptions of the objects of auction as specified in the
contract for authorization of auction, the auctioneer shall be enpost_titled to demand modification or cancellation of the contract.

Article 44

In a contract for authorization of auction, the following particulars shall be specified:

(1)

the name or post_title and address of the client and auctioneer;

(2)

post_title, specifications, quantity and quality of the object of auction;

(3)

reservation price offered by the client;

(4)

time and place of the auction;

(5)

time and manner of delivery or transference of the object of auction;

(6)

commission, manner and time limit for its payment;

(7)

manner and time limit for payment of the purchase;

(8)

liabilities for breach of the contract; and

(9)

other matters as agreed upon between parties.

Section 2 Announcement of Auction and Display of Objectives of Auction

Article 45

The auctioneer shall announce the opening of an auction seven days before the date of auction.

Article 46

The following particulars shall be specified in the announcement of auction:

(1)

time and place of auction;

(2)

objects of auction;

(3)

time and place for display of the objects of auction;

(4)

formalities supposed to conduct for participating in bidding; and

(5)

other matters in need of announcement.

Article 47

Announcement of an auction shall be released through newspapers or other media.

Article 48

The auctioneer shall display the objects of auction before the auction sale and provide pertinent information and conditions for bidders
to check the objects of auction.

The duration of display shall be at least two days.

Section 3 Execution of Auction

Article 49

The auction master shall announce the auction rules and points for attention before the auction sale commences.

Article 50

Where there is no reservation price for an object of auction, the auction master shall make it clear prior to the auction sale.

Where there is a reservation price for an object of auction and the highest price offered by a bidder does not reach the reservation
price, the offer shall be non-binding force and the auction master shall cease the auction sale of the aforesaid object.

Article 51

When the highest offer is confirmed by the auction master by knocking the gavel or any other way of public confirmation, the auction
transaction is concluded.

Article 52

After a transaction is concluded, the vendee and the auctioneer shall affix a written confirmation.

Article 53

When an auction sale is under way, minutes of auction shall be made and signed by the auction master and the recorder, as well as
the vendee if a transaction is concluded.

Article 54

The auctioneer shall properly keep the complete set of account books pertaining to business operation, the auction minutes and any
other relevant materials.

The period for maintaining the account books, auction minutes and other relevant materials as specified in the preceding paragraph
shall beat least five years, counting as of the date of expiration of the contract for authorization of auction.

Article 55

Where there is necessity to make changes in certificates or licenses or to transfer ownership of property rights, pursuant to law,
with regard to the objects of auction, the client and vendee shall conduct the formalities to the relevant administrative organ by
producing the transaction certificate prepared by the auctioneer and relevant materials.

Section 4 Commission

Article 56

The client and vendee may enter into an agreement with the auctioneer on the proportion of commission.

Where a transaction is concluded in the absence of such an agreement, the auctioneer may charge a commission of not more than five
percent of the transaction price from the client and the vendee respectively. The proportion of commission to be charged shall be
determined according to the principle that it is in inverse proportion to the transaction price.

In case no transaction is concluded, the auctioneer may charge the client the expenses as agreed. In the absence of an agreement,
the auctioneer may charge the client a reasonable amount for the expenses of auction.

Article 57

With respect to the auction of articles or goods specified in Article 9 of this Law, where a transaction is concluded, the auctioneer
may charge the vendee a commission of not more than five percent of the transaction price. The proportion of commission to be charged
shall be determined according to the principle that it is in inverse proportion to the transaction price.

In case no transaction is concluded, the provisions of Paragraph 3, Article 56 of this Law shall apply.

Chapter V Legal Liability

Article 58

Where a client, in violation of the provisions of Article 6 of this Law, authorizes auction of articles or goods or property rights
that he does not own or he has no right to dispose of according to the law, he shall bear liability in jure. Where the auctioneer
knowingly auctions articles or goods or property rights that the client does not own or has no right to dispose of according to the
law, he shall bear joint and several liability.

Article 59

Where a State organ, in violation of the provisions of Article 9 of this Law and without permission, disposes of articles or goods
for the auction of which it should authorize the auctioneer designated by the people’s government of the province, autonomous region,
municipality directly under the Central Government or of the city divided into districts where such property is located, the persons
who are directly in charge and other persons who are directly responsible for the offense shall be given administrative sanctions
according to the law, where losses have been caused to the State, they shall be liable for compensation.

Article 60

Where anyone, in violation of the provisions of Article 11 of this Law, establishes an auction enterprise without permission and
registration, the enterprise shall be prohibited by the administrative department for industry and commerce, the illegal gains shall
be confiscated and he may also be fined at least once but not more than five times the amount of the illegal gains.

Article 61

Where an auctioneer or client, in violation of the provisions of Paragraph 2, Article 18 , or Article 27 of this Law, fails to make
clear defects of the objects of auction and thus causes losses to the vendee, the vendee shall be enpost_titled to claim compensation
from the auctioneer; where the client is responsible for the loss, the auctioneer shall have the right of recourse against the client.

Where an auctioneer and client declare, before the auction sale, that they cannot guarantee the genuineness or quality of an object
of auction, they shall not be liable for the warrant of the defects.

In the absence of such declaration, the period for limitation of action for claim of compensation shall be one year, counted as of
the day the party concerned came to know or should have known that his rights were infringed upon. The period for limitation of action
for claim of compensation for personal or property damage occasioned by defects in an object of auction shall be governed by the
pertinent provisions of the Law of the People’s Republic of China on Product Quality and other laws.

Article 62

Where an auctioneer or any of his employees, in violation of the provisions of Article 22 of this Law, participates in bidding or
authorizes another to bid on his behalf, the administrative department for industry and commerce shall give the auctioneer a disciplinary
warning, and may impose on him a fine of not less than once but not more than five times the commission for auction. If the violation
is gross, his business license shall be revoked.

Article 63

Where an auctioneer, in violation of the provisions of Article 23 of this Law, puts his own articles or goods or property rights
up at auction that is arranged by himself, the administrative department for industry and commerce shall confiscate his earnings
from the auction sale.

Article 64

Where a client, in violation of the provisions of Article 30 of this Law, participates in bidding or authorizes another to bid on
his behalf, the administrative department for industry and commerce may impose on him a fine of not more than 30% of the transaction
price.

Article 65

Where bidders or bidders and auctioneers, in violation of the provisions of Article 37 of this Law, collude with each other out of
ill intention and thus cause losses to another, the auction shall be invalid and they shall be liable for compensation according
to the law. The administrative department for industry and commerce shall impose on the bidders that participate in such collusion
a fine of not less than 10% and not more than 30% of the highest price offered; it shall impose on the auctioneers that participate
in such collusion a fine of not less than 10% and not more than 50% of the highest price offered.

Article 66

Where an auctioneer collects commission in violation of the provisions in Section 4 of Chapter IV of this Law pertaining to the proportion
of commission, he shall return the part that exceeds the stipulated proportion to the client and vendee. The price control authorities
may impose on the auctioneer a fine of not less than once and not more than five times the commission for auction.

Chapter VI Supplementary Provisions

Article 67

This Law shall apply to foreign nationals, foreign enterprises and organizations that authorize auction or participate in bidding
within the territory of the People’s Republic of China.

Article 68

Auction enterprises, established before the implementation of this Law, that do not satisfy the conditions prescribed in this Law
shall, within the prescribed time limit, satisfy such conditions; as regards those that fail to satisfy the aforesaid conditions
within the time limit, the administrative department for industry and commerce shall cancel their registration and revoke their business
licenses. Specific measures in this regard shall be formulated separately by the State Council.

Article 69

This Law shall be implemented as of January 1st, 1997.



 
Standing Committee of the National People’s Congress
2004-08-28

 







SEED LAW OF THE PEOPLE’S REPUBLIC OF CHINA (2004 REVISION)






e01613

Standing Committee of the National People’s Congress

Seed Law of the People’s Republic of China (2004 Revision)

(Adopted at the 16th Session of the Standing Committee of the Ninth National People’s Congress on July 8th, 2000; Revised at the 11th
Session of the Standing Committee of the Tenth National People’s Congress on August 28th, 2004)

ContentsChapter 1 General Provisions

Chapter 2 The Protection of Seed Resources

Chapter 3 The Selection, Cultivation, Examination and Approval of Seed

Chapter 4 The Production of Seed

Chapter 5 The Business Operation of Seed

Chapter 6 The Usage of Seed

Chapter 7 The Quality of Seed

Chapter 8 The Import, Export of and Foreign Cooperation on Seed

Chapter 9 The Administrative Management of Seed

Chapter 10 Legal Liabilities

Chapter 11 Supplementary Provisions

Chapter 1 General Provisions

Article 1

The present law is enacted with a view to making reasonable use of seed resources; controlling the selection, production, business
operation and use of seed; protect the legal rights of the producers, business operators and users of seed; promoting seed quality;
boosting the industrialization process of seed; and accelerating the development of the planting and forestry industries.

Article 2

This law shall apply to the breeding, selection, production, business operation, usage, management of seed and other activities in
China.

The term “seed” in this Law means the materials of crops and forest trees used for planting or propagation, including seed grains,
fruits, roots, stems, seedlings, buds and leaves, etc.

Article 3

The administrative departments in charge of agriculture and forestry under the State Council are respectively in charge of the work
of crop seed and forest tree seed in China. The local crop administrative departments and forestry administrative departments above
the county level should respectively take charge of the work of crop seed and forest tree seed within their respective administrative
region.

Article 4

The State supports the protection of seed resources, the breeding, production, rebirth and popularization of quality seeds. The state
encourages the combination of seed breeding and seed production, and both encourages and rewards persons and entities that have good
performance in the work of seed resource protection, quality seed selection, breeding, popularization, etc.

Article 5

The People’s government above the county level shall make development plans according to the guidelines of strengthening agriculture
through science and education and to the requirements for the development of the planting and forestry industries, and should adopt
some methods of finance, credit and revenue to ensure the implementation of the plans.

Article 6

Special funds shall be set up by the State Council and the People’s governments of the provinces, autonomous regions, municipalities
directly under the State Council to support the selection, breeding and popularization of quality seed. Specific measures shall be
formulated by the State Council.

Article 7

The State shall establish a seed reserve system to meet the demand of production in case of disasters and to ensure the safety of
agricultural production. The reserved seed shall be checked and replaced on a regular basis. Specific measures for seed reserves
shall be formulated by the State Council.

Chapter 2 The Protection of Seed Resources

Article 8

The State protects seed resources according to law. No individual or entity may usurp on or destroy the seed resources. Wild seed
resources are also subject to the special protection of the State and shall be prohibited from collection or felling. In special
cases such as scientific research where collection or felling is necessary, the collection or felling shall be subject to the approval
of the administrative departments of agriculture and forestry under the State Council or the People’s Governments of the provinces,
autonomous regions, municipalities directly under the State Council.

Article 9

The State shall collect, sort out, appraise, record, preserve, exchange and utilize seed resources in a planned way, and regularly
release the catalog of available seed resources. The administrative departments of agriculture and forestry under the State Council
shall provide detailed measures for the above listed activities.

The administrative departments of agriculture and forestry under the State Council should establish a state seed resources database,
and the administrative departments of agriculture and forestry under the People’s Governments of the provinces, municipalities and
cities directly under the State Council may, where necessary, establish seed resources databases and protection areas according to
actual needs.

Article 10

The State has sovereignty over the seed resources. The supplying by any individual or entity of seed resources to foreign countries
shall be subject to the approval of the administrative departments of agriculture and forestry under the State Council. The introduction
of foreign seed resources into China should be handled according to the relevant stipulations of the administrative departments of
agriculture and forestry under the State Council.

Chapter 3 The Selection, Cultivation, Examination and Approval of Seed

Article 11

The administrative departments of agriculture, forestry, science and technology, education, etc., under the State Council and the
People’s Governments of the provinces, autonomous regions, and municipalities directly under the Central Government, shall organize
relevant entities to carry out the research of seed selection and of the techniques and methods of seed selection.

The State encourages and supports entities and individuals to breed and develop quality seed.

Article 12

The State shall establish a new plant species protection system. The system will grant the rights of a new species to those cultured
or to those species discovered in the wilderness that have not yet been cultivated or developed and that are characterized by novelty,
uniqueness, consistency and stability. The new plant species protection system will protect the lawful rights and interests of the
holder. Specific measures shall be subject to the relevant provisions of the State. If the selected species has been widely disseminated,
the breeder shall be enpost_titled to obtain corresponding economic profits according to law.

Article 13

If an individual or an entity’s income has decreased because of the establishment of forests for test or experiment purposes, or the
establishment of areas for the collection of quality saplings, or the establishment of gene bases with the approval of the administrative
departments of forestry, the administrative departments that has given such approvals shall give economic compensation to the individual
or entity according to related stipulations.

Article 14

A safety assessment should be carried out for the selection, breeding, test, examination and popularization of trans-genetic plant
species, and safety measures shall be adopted strictly. The State Council shall determine the details.

Article 15

Main crop or tree species shall pass the safety examination and be approved at the national or provincial level before popularization.
An applicant can directly apply for the examination and approval of either level. Those main crop and tree species as determined
by the administrative departments of agriculture and forestry under the People’s Government of provinces, autonomous regions and
municipalities directly under the Central Government shall be examined and approved by the corresponding provincial department.

The methods for the examination and approval of main crop species and tree species shall embody the rule of equity, openness, science
and efficiency. Such measures shall be formulated by the administrative departments of agriculture and forestry under the State Council.

The administrative departments of agriculture and forestry under the State Council and the People’s Governments of provinces, autonomous
regions and municipalities directly under the Central Government shall respectively establish a committee for the examination and
approval of crop and tree Species to take on the examination and approval of main crop and forestry species. The committee shall
be comprised of professional experts in these fields.

In regions with an ecological diversity, the administrative departments of agriculture and forestry for provinces, autonomous regions
and municipalities directly under the Central Government may entrust a city or an autonomous prefecture with districts under them
to administer the examinations of and the approvals for the main crop and tree species suitable for popularization within specific
ecological regions.

Article 16

The lists of main quality crop varieties and tree seeds and saplings that have passed the national-level examination and have been
approved shall be distributed by the administrative departments of agriculture and forestry under the State Council, and the seeds
or saplings on the list may be popularized throughout the country. A list of those seeds and saplings that have passed provincial
examinations and have been approved may be distributed by the administrative departments under the People’s Government of a province,
an autonomous region or a municipality directly under the Central Government, and the seeds or saplings listed may be popularized
in the specified ecological region. Similar ecological regions in nearby provinces, autonomous regions or municipalities directly
under the Central Government may introduce seed approved in other regions into their own only after the approval of the administrative
departments of agriculture and forestry under the People’s Government of a province, an autonomous region or a municipality directly
under the Central Government.

Article 17

The crop species that do not pass the examination and approval cannot be released, transferred or popularized.

Tree species that fail to pass the examination or to obtain approval cannot be regarded as quality seeds to use and popularize, but
if there is necessity to use them for production, they shall be subject to the verification of the Tree Species Examination and Approval
Committee.

Article 18

If the applicant objects to the result of the examination and approval process for a particular crop variety, she/he can ask for the
original Examination and Approval Committee or the Committee of a higher level to re-examine that variety.

Article 19

Where foreign individuals, businesses or organizations with no regular abode or business place in China apply for the examination
and approval of seeds, they shall entrust the matter to Chinese institutions with legal qualifications engaged in scientific research,
production and operation in seeds.

Chapter 4 Seed Production

Article 20

A permission-based system shall be put into practice for commercial seed production of crop and tree varieties.

The licenses for the production of crossbreed seed and parent seed of main crops, original seed of conventional strains and the seed
of main improved tree varieties shall be issued by the People’s Government administrative departments of agriculture and forestry
of provinces, autonomous regions and municipalities directly under the Central Government. They shall be issued only after they have
been examined and approved by the administrative departments of agriculture and forestry under the local People’s Government at the
county level. The production licenses for other seeds shall be issued by the administrative departments of agriculture and forestry
under the local People’s Government at the county level or above.

Article 21

Entities applying for the seed-production license shall possess the following qualifications

(1)

Possessing the isolation and cultivation conditions required for seed propagation;

(2)

Possessing a site for seed-production free of quarantined plant diseases and insect pests or a seed-collection forest approved by
forestry administrative department under the People’s Government above the county level;

(3)

Possessing enough capital and facilities to produce and test the seed;

(4)

Possessing professional technicians for seed production and test;

(5)

Complying with other conditions stipulated by laws and regulations.

To apply for a license for the production of seeds with the rights of new plant variety, consent in written form must be sought from
the entity owning the seed rights.

Article 22

The seed-production license must indicate seed species, production place, and valid period, and other details regarding the seed variety
and production location.

It is forbidden to counterfeit, alter, buy or lease a seed-production license, and it is also forbidden for any entity or individual
to carry out seed production without a license or against the stipulations under the license.

Article 23

The production of commercial seeds shall follow the technical procedures for seed production and the procedures for seed test and
quarantine.

Article 24

The collection of seeds at the production site shall be organized by the operator of the site, and it shall be carried out according
to related national standards.

It is forbidden to pick immature seed, damage the parent trees, and to collect seeds from inferior quality forests or trees.

Article 25

The producer must record and file a record of the details of his/her commercial seed production. The record shall indicate the production
place, environmental conditions, original crop, parent seed resources, persons in charge of quality and technology, field-check record,
the weather record of production place, and seed distribution etc.

Chapter 5 Seed Operation

Article 26

A license system shall be carried out for seed operation. The seed operator must first obtain a seed-operation license before applying
for the transaction or modification of an operating license to the administrative office of industry and commerce.

A multi-level system of examination, approval and granting for the seed-operation license shall be put into practice at every level.
The administrative departments of agriculture and forestry under the local People’s Governments above the county level issue and
examine the seed-operation license. The administrative departments of agriculture and forestry of the local People’s Government of
the county level shall audit the seed-operation license of main crossbreed crop seeds, parent seeds, seeds of normal resources, and
the seeds of main improved tree species. The administrative departments of agriculture and forestry of the People’s Government of
provinces, autonomous regions and municipalities directly under the Central Government shall check and grant the license. The seed-operation
licenses for seed companies that combine seed selection, cultivation, production and operation and import/export companies, whose
registered capital meets the requirements stipulated by the administrative department of agriculture and forestry under the State
Council, shall be examined by the of agriculture and forestry under the People’s Governments of provinces, autonomous regions and
municipalities directly under the Central Government, and shall be granted by the administrative department of agriculture and forestry
under the State Council.

Article 27

The residual ordinary seeds that have been bred and used by farmers can be sold and exchanged on the market without any operating
license, and the People’s Government of provinces, autonomous regions and municipalities directly under the Central Government shall
formulate administrative measures.

Article 28

The State encourages and supports scientific research entities, schools and technicians to research on and legally develop, deal in
and popularize the new varieties of crops and improved forest varieties.

Article 29

The entity or individual applying for the seed-operation license shall possess the following qualifications

(1)

Having the capital consistent with the species and quantity of the seeds that they deal in, and can independently assume the civil
responsibilities;

(2)

Having the personnel that can correctly identify the seeds that they deal in, check the seed quality, and master the technologies
for the storage and protection of seeds;

(3)

Having the business place that is suitable for the variety and quantity of the seeds they deal in, the facilities for the processing,
packing and storage of the seeds, and the device to check the quality of the seeds, and

(4)

Other conditions stipulated by laws and regulations.

For the seeds operators who only deal in those seeds for which no further sub-package is needed, or for the distributors entrusted
in written form by those seeds operators who possess the seed-operation license, they need not transact a seed-operation license.

Article 30

The valid area for a seeds operation license shall be determined by the department that has granted it within its domination. The
seed operator can establish branches according to the valid area stipulated by the seed-operation license and need not obtain any
further licenses. But they shall file a record to the local administrative departments of agriculture and forestry and the original
license-granting office within 15 days after they have transacted or modified the operation license.

Article 31

The seed-operation license must indicate the business scope, operation method, valid area and valid period for the seed operation.

It is forbidden to counterfeit, change, buy or borrow the seed-operation license, and it is forbidden for any entity or individual
with no license or without complying with the stipulations of the license to deal in seeds.

Article 32

The seed operator shall comply with related stipulations of laws and regulations to provide the seed users with the characteristics,
the main instructions for the planting, the conditions for the usage of the seeds and related consultancy services, and shall be
responsible for the seed quality.

No entity or individual is allowed to interfere with the independent operation rights of the seed operator.

Article 33

No one is permitted purchase the seeds of rare trees and the forest seeds subject to restricted purchase by the People’s Government
of the corresponding level without the approval of the competent administrative department of forests of the People’s Governments
of the provinces, autonomous regions, and municipalities directly under the Central Government.

Article 34

The seeds to be sold shall be processed, classified and packed, except for those that cannot be processed or packed.

The big-package seeds or the imported seeds may be divided into smaller packages, but the entity to carry this task must be marked
clearly and it shall be fully responsible for the seed quality.

Article 35

The seeds to be sold shall be attached with a label indicating seed type, variety, name, production place, quality indicators, quarantine
certificate number, license number of seed production and operation, or document number for import examination and approval, etc.
The contents of the label shall be consistent with the seed to be sold.

For the sale of imported seeds, a Chinese label must be attached.

For the sale of trans-genetic plant seeds, it must be marked with obvious written language and provided with safety control measures
as well.

Article 36

The seed operator must establish files for seed operation, indicating brief content on the sources, processing, storage, transportation
and quality check of the seed, and the persons responsible and where the seed will be sold.

The operation documents of annual crop seeds shall be kept for two years after the sale, while the administrative departments of agriculture
and forestry under the State Council shall stipulate the archival period of the operation documents for perennial crop seeds and
tree seeds.

Article 37

The contents of seed advertisements shall be consistent with this law and other laws and regulations related to advertising, and the
description of the main characteristics shall be in line with the examined and approved bulletin.

Article 38

The seeds to be transferred or mailed out of a county shall be attached with a quarantine certificate.

Chapter 6 The Usage of Seed

Article 39

The seed user having the right to buy seeds fully of his/her own free will, and no entity or individual is allowed to interfere illegally.

Article 40

The forestation project mainly or fully invested by the State or the forestation project carried out by a state forestry entity shall
use the improved forest variety according to the plan formulated by the administrative department of forestry.

The State shall support the forestation of shelterbelt using improved forest variety and other forestation projects with special usage.

Article 41

If a seed user suffers loss because of the seed quality, the seed supplier shall compensate for it, and the compensation shall include
the money for the purchase of the seeds, related expenses and the loss of attainable profits.

After the operator compensates for the buyer’s loss, the operator has the right, if the seed user’s loss has been caused by the seed
producer or other operators, to claim for the compensation from the seed producer or other operators.

Article 42

If a civil dispute is caused by seed usage, the parties can come to agreement by negotiation or intermediation. If one of the parties
is reluctant to resolve the dispute by above methods or the dispute cannot come to agreement, the party can apply for arbitration
to the arbitration organizations. The party can also directly go to the People’s Court.

Chapter 7 Seed Quality

Article 43

The administrative departments of agriculture and forestry under the State Council shall stipulate the industry standards and quality
management methods of seed production, processing, package, check and storage.

The administrative department of agriculture and forestry shall be in charge of the supervision of the seed quality.

Article 44

The administrative department of agriculture and forestry can entrust a quality test unit to check the seed quality.

The seed quality test institution shall possess corresponding test conditions and abilities and pass the examination of related administrative
departments under the People’s Government above the provincial level.

Article 45

The institutions for the test of seed quality shall be equipped with qualified seed inspectors who shall have the following qualifications

(1)

Graduating from a technical secondary school, majoring in a related subject;

(2)

Having engaged in the work of seed quality test for more than three years;

(3)

Having passed the examination of the administrative departments of agriculture and forestry under the People’s Government above the
provincial level.

Article 46

It is forbidden to produce or deal in false or inferior quality seeds. False seed includes the following

(1)

Use non-seed to imitate seed or use a kind of seed to imitate another kind of seed; and

(2)

The seed variety, type and production place are not consistent with the contents of the label.

The following are inferior quality seeds

(1)

The seed whose quality is lower than that of the national standards;

(2)

The quality is lower than what is marked on the label;

(3)

The quality has changed and the seeds cannot be used as seeds;

(4)

The percentage of weed seeds is more than the stipulated value; and

(5)

With maleficent organisms quarantined by the State.

Article 47

In case that the crop seed must be used because of force majeure, and its quality is lower than that of the seed-usage standards of
the national or local government, the seed usage must be approved by the People’s Government above local county level, while the
forest seed must be approved by the People’s Government of local provinces, autonomous regions and municipalities directly under
the Central Government.

Article 48

The entity or individual engaged in the seed selection, cultivation, production, operation and management shall comply with stipulations
of related quarantine law and administrative regulations to avoid the spread of dangerous diseases, insect pests and weeds for plants.

It is forbidden for any entity or individual to carry out inoculation experiments on plant diseases and insect pests in a seed production
base.

Chapter 8 Import, Export and Foreign Cooperation for Seed

Article 49

The quarantine system must be put into practice for seed import and export to prevent plant dangerous diseases, insect pests and weeds
from coming into or going out of China. The detailed quarantine work shall be carried out according to the quarantine law of plant
import and export.

Article 50

The legal entities or other organizations engaged in the business of seed import and export must possess the seed-operation license;
in addition, they must get the permission to carry out import and export trade on seeds according to foreign trade law and administrative
regulations.

The State Council shall stipulate the limits of power to examine and approve the introduction of crop seeds or forest seeds from foreign
countries, stipulate the examination and approval measures to import and export crop seeds and forest seeds, and determine the administrative
measures to introduce trans-genetic plant species from foreign countries.

Article 51

The quality of imported and exported seed shall meet national standards or industry standards. If there is no national standards or
industry standards for the seed quality, the standard in the contract shall be carried out accordingly.

Article 52

Seed import to produce seed for foreign countries shall not be restricted by Paragraph1 of Article 50 , provided that there is a seed
production contract, the imported seed must only be used for seed production and its products cannot be sold in China.

The crop varieties imported from foreign countries for test must be cultivated in isolation, and the harvest cannot be sold as commercial
seed in China.

Article 53

It is forbidden to import and export false or inferior quality seeds, or the seeds that are not permitted to import and export by
national stipulations.

Article 54

For the foreign enterprises or other economic organizations to invest in seed production and operation in China, the administrative
measures and examination/approval procedures shall be formulated by related departments under the State Council pursuant to related
laws and administrative regulations.

Chapter 9 Administrative Management for Seed

Article 55

The administrative departments of agriculture and forestry are the law enforcement agencies on seeds. Seed law enforcers shall identify
themselves by showing their certificate of law execution when legally carrying out their line of duty.

To implement this law, the administrative departments of agriculture and forestry can check the locale.

Article 56

The administrative departments of agriculture and forestry and their personnel may not take part in or undertake activities of seed
production or operation. The organizations of seed production and/or operation may not take part in or undertake the administrative
management work of seeds. The administrative department and the organizations of seed production and/or operation shall be separated
from each other on personnel and financial affairs.

Article 57

The administrative departments of agriculture and forestry under the State Council and the People’s Governments of provinces, autonomous
regions and municipalities directly under the Central Government, in whose regions the seed is cultivated other than where the organizations
of seed production and/or operation are registered, shall strengthen the coordination and management on seed cultivation. The traffic
and transportation departments shall first guarantee the transportation of seeds.

Article 58

When granting related licenses, the administrative departments of agriculture and forestry shall not charge any expenses except the
production costs of certificates.

Chapter 10 Legal Responsibilities

Article 59

For any entity or individual who violates the stipulations of this law to produce or deal in false seeds or inferior quality seeds,
the administrative departments of agriculture and forestry or other administrative management organizations of industry and commerce
under the People’s Government of the county level or above shall order them to stop production or operation, confiscate the seeds
and illegal income, revoke the seed-production license, seed-operation license or business license, and impose a fine for the illegal
actions. If there is illegal income, a fine of 5 to 10 times the illegal income shall be imposed on them; if there is no illegal
income, a fine of RMB 2,000 Yuan to RMB 50,000 Yuan shall be imposed. If a crime is constituted, criminal responsibilities shall
be investigated and affixed according to related laws.

Article 60

For those who break the stipulations of this law and have done one of the following, the administrative departments of agriculture
and forestry under the People’s Government above the county level shall order them to correct, confiscate the seeds and illegal income,
impose a fine of 1 to 3 times the illegal income, and impose, if there is no illegal income, a fine of RMB 1,000 Yuan to RMB 30,000
Yuan on them, revoke the seed-production license or seed-operation license. If is crime is constituted, criminal responsibilities
shall be investigated and affixed according to related laws

(1)

Producing seeds without having obtained the seed-production license, or by counterfeiting, changing, buying or leasing the seed-production
license, or going against the stipulations of the seed-production license.

(2)

Dealing in seeds without having obtained the seed-operation license, or by counterfeiting, changing, buying or leasing the seed-operation
license, or going against the stipulations of the seed-production license.

Article 61

For those who break the stipulations of this law and have done one of the following, the administrative departments of agriculture
and forestry under the People’s Government above county level shall order them to correct, confiscate the seeds and the illegal income,
impose a fine of 1 to 3 times the illegal income, impose, if there is no illegal income, a fine of RMB1,000 Yuan to RMB20,000 Yuan
on them, revoke the seed-production license or seed-operation license. If a crime is constituted, criminal responsibilities shall
be investigated and affixed according to related laws

(1)

Selling seeds produced for foreign countries in China;

(2)

The harvest of the test-crop seeds introduce into China is sold as commercial seeds in China; and

(3)

Privately collecting or felling of natural variety resources protected by the State.

Article 62

For those who break the stipulations of this law and have done one of the following, the administrative departments of agriculture
and forestry under the People’s Government above the county level shall order

THE CIRCULAR OF THE GENERAL OFFICE OF THE MINISTRY OF COMMERCE ON THE START OF THE APPROVAL CERTIFICATE FOR INLAND ENTERPRISES TO INVEST IN HONG KONG AND MACAO SAR

The General Office of the Ministry of Commerce

The Circular of the General Office of the Ministry of Commerce on the Start of the Approval Certificate for Inland Enterprises to
Invest in Hong Kong and Macao SAR

The authorities in charge of commerce of all provinces, autonomous regions and cities directly under state planning, and all enterprises
directly under central government:

Pursuant to the Circular of the Ministry of Commerce and the Hong Kong and Macao Affairs Office of the State Council on the Printing
and Distributing the Regulations of the Ratification for Inland Enterprises to Invest and Establish Enterprises in Hong Kong and
Macao SAR (Shang He Fa [2004] No. 452), inland enterprises that intend to invest and establish enterprises in Hong Kong and Macao
SAR, shall obtain the Approval Certificate for Inland Enterprises to Invest in Hong Kong and Macao SAR (hereinafter referred to as
the Approval Certificate) after they are ratified. The Approval Certificate is the final voucher of the ratification from the state
for inland enterprises to invest and establish enterprises in Hong Kong and Macao SAR. The Approval Certificate is printed by the
Ministry of Commerce in a unified way. The inland enterprises shall go through matters concerning foreign exchange, banks, customs
and foreign affairs on the basis of the Approval Certificate and ratification documents.

The Ministry of Commerce will start to use the Approval Certificate for Inland Enterprises to invest in Hong Kong and Macao SAR from
October 1, 2004, the sample attached below.

It is thereby notified.

Attachment (omitted)

The General Office of the Ministry of Commerce

September 9, 2004

 
The General Office of the Ministry of Commerce
2004-09-09

 




THE ANNOUNCEMENT OF THE MINISTRY OF JUSTICE OF PRC

The Ministry of Justice

The Announcement of the Ministry of Justice of PRC

[2004] No. 35

September 27, 2004

In accordance with the Measure for the Administration of the inland representative offices of the lawyer’s firm of Hong Kong, Macao
SAR (Order No. 70 of the Ministry of Justice), the following 35 inland representative institutions of the law offices of Hong Kong,
as qualified in the annual examination, are approved to undertake practice in inland area to provide Hong Kong SAR and overseas legal
service. The announcement is hereby given as follows:

(1)

Beijing Office

1.

WOO, KWAN, LEE&; LOBEIJINGOFFICE (HK)

Chief Representative: Eddie Lee Kwan Hung

Previous approval date: September 6, 1993

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0002

Address: Room 509, Tower W3, Oriental Plaza, No. 1 East Chang An Avenue, Dongcheng District, Beijing

Post Code: 100738

Telephone: (010)85181928

Fax: (010)85181595

Website: www.wkll.com

E-mail: wkllbjwkllbj.com

2.

CHU&; LAUSOLICITORS&; NOTARIESBEIJINGOFFICE (HK)

Chief Representative: Lau Hon Chuen

Previous approval date: September 6, 1993

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0003

Address: Room 1220, Jingshan Interchina Commercial Building, No.33 Dengshikou Street, Doncheng District, Beijing

Post Code: 100006

Telephone: (010)65229937

Fax: (010)65229937

3.

VIVIENCHAN&; CO.BEIJINGOFFICE (HK)

Chief Representative: Vivien Chan

Previous approval date: September 6, 1993

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0004

Address: Suite 508, Changan Tower, 10 East Changan Street, Dongcheng District, Beijing

Post Code: 100006

Telephone: (010)65227072,65227069

Fax: (010)65226967

4.

W.K.TO&; CO.BEIJINGOFFICE (HK)

Chief Representative: To Wai Keung

Previous approval date: June 26, 1996

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0005

Address: China Merchants Center, 09D2 China Merchants Tower, No. 118 Jian Guo Street, Chao Yang District, Beijing

Post Code: 100020

Telephone: (010)65669681, 65683003

Fax: (010)65669681

Website: www.wktoco.com

E-mail: mailwktoco.com

5.

WILKINSON&; GRISTBEIJINGOFFICE (HK)

Chief Representative: Grace Fung

Previous approval date: June 8, 2000

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0008

Address: Suite 1005, Office Tower W2, Oriental Plaza, 1 East Chang An Avenue, Beijing

Post Code: 100738

Telephone: (010)85181521,85181522,85181523,85181524

Fax: (010)85181520

Website: www.wilgrist.com

E-mail: beijingwilgrist.com

6.

JOHNSONSTOKES&; MASTERBEIJINGOFFICE (HK)

Chief Representative: Robert Terence Tung Kwong Shien

Verified date: January 9, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.2-001

Address: Suite 2918-2924 China World Tower 1 No.1 Jian Guo Men Wai Avenue Beijing

Post Code: 100004

Telephone: (010)65052202

Fax: (010)65052225

Website: www.jsm-law.com

E-mail: jsmbeijingjsm-law.com

7.

DEACONSBEIJINGOFFICE (HK)

Chief Representative: Cheung Wing Choi, Franki

Verified date: January 9, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.2-002

Address: Suite 11, Level 8, Tower W1 The Towers, Oriental Plaza 1 East Chang An Avenue Dong Cheng District Beijing

Post Code: 100738

Telephone: (010)85182338

Fax: (010)85182339

Website: www.deaconslaw.com

E-mail: beijingdeaconslaw.com

8.

ANTHONYCHIANG&; PARTNERSBEIJINGOF-FICE (HK)

Chief Representative: Chiang, Sheung Yee Anthony

Verified date: April 3, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-026

Address: B3203 Eagle Run Plaza, No.26 Xiaoyun Road, Chaoyang District, Beijing

Post Code: 100016

Telephone: (010)84580335

Fax: (010)84580385

Website: www.acp.com.hk

E-mail: karenkacp.com.hk

9.

LIVASIRI&; CO.BEIJINGOFFICE (HK)

Chief Representative: Fan Zhencheng

Previous approval date: October 20, 1992

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0001

Address: Room 1105A, Donghai Center Building, Jia 24, Jian Guo Men Wai Road, Chaoyang District, Beijing,

Telephone: (010)65155922

Fax: (010)65155923

(2)

Shanghai Office

10.

VINCENTT.K.CHEUNG.YAP&; CO.SHANGHAIOFFICE (HK)

Chief Representative: Lee Kee Wai Frank

Previous approval date: October 20, 1992

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0009

Address: Room 806, South of Hong Kong Plaza, No. 283, Middle of Huaihai Road, Lu Wan District, Shanghai

Post Code: 200021

Telephone: (021)63906886

Fax: (021)63850323

E-mail: vtkcpsouninet.com.cn

11.

PHILIPK.H.WONG, KENNEDYY.H.WONG&; CO.SHANGHAIOFFICE (HK)

Chief Representative: Kennedy Y.H. Wong

Previous approval date: October 20, 1992

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0010

Address: Room 904, Orient Overseas Mansion, No.841 Yan’an (M) Road, Jingan District, Shanghai

Post Code: 200040

Telephone: (021)62890222,62898248

Fax: (021)62898248

E-mail: infopwkwco.com.cn

12.

PATRICKLEONG&; MANSOLICITORSSHANGHAIOFFICE (HK)

Chief Representative: Patrick T.C. Leong

Previous approval date: October 20, 1992

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0011

Address: Tower 8, Building 5, No.30 Fenyanglu, Xuhui District, Shanghai

Post Code: 200031

Telephone: (021)64330283

Fax: (021)64330283

13.

ALANLAM, YAM&; PE.SHANGHAIOFFICE (HK)

Chief Representative: Lam Man Bun, Alan

Previous approval date: September 6, 1993

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0012

Address: Tower C, Floor 11, Dong-zhan Commercial Mansion NO.669 Beijing Rd.(W) Shanhai

Post Code: 200041

Telephone: (021)62718257,62718258

Fax: (021)62718256

E-mail: lampshanghaishiuol.cn.net

14.

JOHNSONSTOKES&; MASTERSHANGHAIOF-FICE (HK)

Chief Representative: Ho Kun Lok

Previous approval date: March 16, 1995

Re-verified date: August 15, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0013

Address: Suite 2501-2504, Plaza 66, No. 1266, Nan Jing Road West, Shanghai

Post Code: 200120

Telephone: (021)62880688

Fax: (021)62880131,62880132

Website: www.jsm.com.hk

E-mail: jsmjsmshanghai.com

15.

VIVIENVHAN&; CO.SHANGHAIOFFICE (HK)

Chief Representative: George Ribeiro

Previous approval date: January 9, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2003 No.2-003

Address: Room.1106B, ShuiOn Plaza, No.333 Huaihai Zhong Road, Shanghai

Telephone: (021)63879222

Fax: (021)63879111

16.

KWOK&; YINSHANGHAIOFFICE (HK)

Chief Representative: Kwok Lam Kwong, Larry

Previous approval date: April 19, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-029

Address: Room 8003, No.2111 Pudong South Road, Shanghai

Telephone: (021)58398377

17.

ANGELAWANG&; COSHANGHAIOFFICE (HK)

Chief Representative: Wang Poey Foon, Angela

Previous approval date: May 15, 2003

Registered Lawyer’s Certificate No.: Si Fa Zheng Gang Zi 2003 No.1-0001

Address: Room 3708, Westgate Mall, 37th, Floor, No. 1038 Nanjing Road (W), Shanghai

Telephone: (021)62679773

Fax: (021)62723877

18.

FAIRBAIRNCATLEYLOW&; KONGSHANGHAI, OFFICE (HK)

Previous approval date: January 9, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0033

Address: 4110 , Hong Kong New World Tower, No.300, Huai Hai Zhong Road, Luwan District, Shanghai

Post Code: 200021

Telephone: (021)63353376

Fax: (021)63353370

Website: www.fclrlaw.com.hk

19.

CHARLTONS, SHANGHAI, OFFICE (HK)

Previous approval date: December 25, 2002

Registered Lawyer’s Certificate Approval No.: Si Lv Zheng Gang Zi 2002 No.1-0034

Address: Floor 25, Bund Center, No.222 East Yan’an Rd., Huangpu District, Shanghai

Post Code: 200002

Telephone: (021)63351908

Fax: (021)63351909

Website: www.charltonslaw.com

(3)

Guangzhou Office

20.

GALLANTY.T.HO&; CO.GUANGZHOUOFFICE (HK)

Chief Representative: Tsui Kei Pang

Previous approval date: October 20, 1992

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0014

Address: Room 830, Huanyuan Mansion, Huanyuan Hotel, No.368 East Huanshi Road,Guangzhou,Guangdong

Post Code: 510064

Telephone: (020)83338999-830

Fax: (020)83765692

E-mail: gythogzpublic.guangzhou.gd.cn

21.

NG&; SHUMSOLICITORSGUANGZHOUOFFICE (HK)

Chief Representative: Ng Siu Pang

Previous approval date: October 20, 1992

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0015

Address: Room 1102, DongJung Building, No.836, Dong Feng Road East, Guangzhou

Post Code: 510080

Telephone: (020)87678613

Fax: (020)87604340

E-mail: ngshumgz21cn.com

22.

DAVIDY.Y.FUNG&; CO.GUANGZHOUOF-FICE (HK)

Chief Representative: Ho Kai Cheng

Previous approval date: September 6, 1993

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0017

Address: 15B, Office Tower A, Guangdong International Hotel, No. 339, Huanshi Donglu, Guangzhou, Guangdong

Post Code: 510095

Telephone: (020)83311000

Fax: (020)83311135

E-mail: dyyfgz21cn.com

23.

DEACONS, GUANGZHOUOFFICE (HK)

Chief Representative: Zee Yiu Sang David

Previous approval date: September 6, 1992

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0018

Address: Room 2108, Floor 21, South Tower, No. 371-375, Guangzhou World Trade Center, Huanshi Donglu, Guangzhou, Guangdong

Post Code: 510095

Telephone: (020)87785678

Fax: (020)87770488

E-mail: guangzhoudeaconslaw.com

24.

STEPHENSONHARWOOD&; LOGUANGZHOUOFFICE (HK)

Chief Representative: Michael Henry Hoddinott

Representative: JeremyGiovanniSargent

Previous approval date: September 6, 1993

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0019

Address: Room 2809, Peace World Building, No.362-366, Huanshi Donglu, Guangzhou, Guangdong

Post Code: 510060

Telephone: (020)83880590

Fax: (020)83863119

E-mail: gloriagzoshl.com.hk

25.

TONYKAN&; CO.SOLICITORS&; NOTARIESGUANGZHOUOFFICE (HK)

Chief Representative: Xu Cijun

Previous approval date: March 16, 1995

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0020

Address: 15 C, Office Tower A, Guangdong International Hotel, No.339, Huanshi Zhonglu, Guangzhou, Guangdong

Post Code: 510095

Telephone: (020)83350833

Fax: (020)83311456

E-mail: kantony21cn.com

26.

K.Y.LO&; CO, SOLICITORS, GUANGZHOUOFFICE (HK)

Chief Representative: Li Man Pong

Previous approval date: March 16, 1995

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0021

Address: Room 704, South Tower, Guangzhou World Trade Center, No. 371-375, Huanshi Donglu, Guangzhou, Guangdong

Post Code: 510095

Telephone: (020)87693246

Fax: (020)87757988

E-mail: kylos704163.com

27.

STEVENSON, WONG&; CO.GUANGZHOUOFFICE (HK)

Chief Representative: Lo Hang Fong

Approval date: June 19, 1993

Registered Lawyer’s Certificate No.: Gang No.1-030

Address: Room 1704,CITIC Plaza, No.233, Tian He North Road, Guangzhou, Guangdong

Post Code: 510613

Telephone: (020)87521228

Fax: (020)87521268

E-mail: generalsw-prc.com

28.

ROBERTSONSGUANGZHOUOFFICE (HK)

Chief Representative: Maurice Lee

Representative: Stephen Wong

Approval date: December 25, 2002

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0035

Address: 12E, Gaosheng Building No.109 Tiyu Road (West), Guangzhou, Guangdong

Post Code: 510620

Telephone: (020)38795260

Fax: (020)38795468

E-mail: kevin_wongrobertsonshk.com

(4)

Shenzhen Office

29.

HASTING&; CO.SHENZHENOFFICE (HK)

Chief Representative: Kong Yuen Hoong

Previous approval date: February 6, 1993

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0023

Address: Floor 11, Zhongjian Building, No. 2105, Shennan East Road, Shenzhen, Guangdong

Post Code: 518000

Telephone: (0755)2175288

Fax: (0755)2175168

30.

TONYKAN&; CO.SHENZHENOFFICE (HK)

Chief Representative: Tony Kan

Approval date: January 9, 2002

Registered Lawyer’s Certificate No.: Gang No.2-005

Address: Room 1713, Floor 17, International Culture Building, NO.3039, Shennan Zhong Road, Shenzhen

Post Code: 518033

Telephone: (0755)83292323

Fax: (0755)83292383

E-mail: kantony21cn.com

(5)

Tianjin Office

31.

FREDKANTIANJINOFFICE (HK)

Chief Representative: FREDKAN

Approval date: February 10, 1998

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0024

Address: No.1009, Tower A, International Economic Trade Center, No. 59, Machangdao, Hexi District, Tianjin

Post Code: 300203

Telephone: (022)23139761

Fax: (022)23139763

Website (Email): www.fredkan.com

(6)

Fuzhou Office

32.

MICHAELCHEUK, WONG&; KEEFUZHOUOF-FICE (HK)

Previous approval date: June 8, 2000

Registered Lawyer’s Certificate No.: Si Lv Zheng Gang Zi 2002 No.1-0025

Chief Representative: Ji Huashi

Address: Unit F, Floor 15, World Trade Plaza, No. 71 Wu Si Road, Fuzhou, Fjuian

Post Code: 350001

Telephone: (0591)7612393

Fax: (0591)7612181

E-mail: mcwk163.net

(7)

Chengdu Office

33.

P.C.WOO&; CO.CHENGDUOFFICE (HK)

Previous approval date: April 3, 2002

Registered Lawyer’s Certificate No.: Gang No.1_031

Chief Representative: Zheng Muzhi

Address: Tower K, Floor 7, The First City Group, No. 308, Shuncheng Avenue, Chengdu

Post Code: 610017

Telephone: (028)86528737

Fax: (028)86528095

Website (E-mail): http: //www.pcwoo.com

(8)

Xi’an Office

34.

SIT, FUNG, KWONG&; SHUM, XI￿￿ANOF-FICE (HK)

Previous approval date: April 19, 2002

Registered Lawyer’s Certificate No.: Gang No.1-032

Chief Representative: Chen Weiliang

Address: Room 616, Shaanxi Zhong Da International Mansion, No. 30 Nanda Jie, Xi’an, Shanxi

Post Code: 710002

Telephone: (029)7203203

Fax: (029)7203033

E-mail: sfkssfks-xian.com

(9)

Ninbo Office

35.

FORD, KWAN&; COMPANYSOLICITORS&; NOTAR-

IESNINGBOOFFICE (HK)

Previous approval date: November 5, 2003

Registered Lawyer’s Certificate No.: 2003 No.1-0002

Chief Representative: He Qilian

Address: No. 818, CITIC International Hotel, No.1 Jiangdongbei Lu, Ningbo, Zhejiang

Post Code: 315000

Telephone: (0574)87376099

Fax: (0574)87727257

Website: www.fordkwan.com



 
The Ministry of Justice
2004-09-27

 







MEASURES FOR ANNOUNCEMENT OF OUTSTANDING TAXES (FOR TRIAL IMPLEMENTATION)

State Administration of Taxation

Order of the State Administration of Taxation

No.9

The Measures for Announcement of Outstanding Taxes (For Trial Implementation), which were deliberated and adopted at the 3rd executive
meeting of the Administration on August 18th, 2004, are hereby promulgated, and shall be implemented as of January 1st, 2005.

Xie Xuren, Director General of the State Administration of Taxation

October 10th, 2004

Measures for Announcement of Outstanding Taxes (For Trial Implementation)

Article 1

With a view to standardizing the acts of tax authorities for their announcement of outstanding taxes, urging taxpayers to pay outstanding
taxes on their own initiatives, preventing the occurrence of new outstanding taxes, and ensuring the state tax money to be turned
in the treasury in time and in full amount, the present Measures are formulated in accordance with the provisions of the Law of the
People’s Republic of China concerning the Administration of Tax Collection (hereinafter referred to as the “Tax Collection Administration
Law”) and its detailed implementation rules.

Article 2

The “announcement organs” as mentioned in the present Measures shall refer to the tax bureaus at the county level or above.

Article 3

The “outstanding taxes” as mentioned in the present Measures shall refer to the tax money failing to be paid by any taxpayer exceeding
the time limit as stipulated by tax laws and administrative regulations or exceeding the time limit for tax payment (hereinafter
referred to as the time limit for tax payment) as determined by the tax authorities pursuant to tax laws and administrative regulations,
covering:

1.

Tax money that fails to be paid by a taxpayer within the time limit for tax payment after handling declaration for tax payment;

2.

Tax money that fails to be paid by a taxpayer within the time limit for tax payment after the expiry of the time limit for extension
of tax payment upon approval;

3.

Tax money failing to be paid by a taxpayer within the time limit for payment of taxes that shall be made up by the taxpayer as determined
through taxation inspection;

4.

Tax money failing to be paid by a taxpayer within the time limit for tax payable as checked and ratified by the tax authority according
to Article 27 or 35 of the Tax Collection Administration Law; and

5.

Other tax money failing to be paid by a taxpayer within the time limit for tax payment.

The tax authorities shall verify the amount of outstanding taxes as stipulated in the preceding paragraph in time.

The outstanding taxes announced in the present Measures shall not cover late fees and fines.

Article 4

The announcement organ shall announce the outstanding taxes of any taxpayer at the tax handling places or in such mass media as radio,
television, newspapers, periodicals, and networks, etc.on schedule.

1.

Where any enterprise or entity owes taxes, the announcement shall be made once every quarter;

2.

Where any individual business or any other individual owes taxes, the announcement shall be made once half a year; and

3.

The announcement shall be made at any time, in case any taxpaying household who escapes or disappears or other outstanding taxes of
abnormal households whose whereabouts cannot be found out by the tax authorities.

Article 5

The contents of the announcement of outstanding taxes shall be as follows:

1.

Where any enterprise or entity owes taxes, the announcement shall cover the name of the enterprise or entity, the identification number
of the taxpayer, name of the legal representative or responsible person, number of identity certificate of a citizen or other valid
identity certificates, business place, categories of outstanding taxes, balance of outstanding taxes and the amount of outstanding
taxes newly arising in the current term;

2.

Where any individual business owes taxes, the announcement shall cover: the name of the individual business, name of the owner, identification
number of the taxpayer, number of the identity card of a citizen or other valid identity certificate, business place, type of outstanding
taxes, balance of outstanding taxes and the amount of outstanding taxes newly arising in the current term; and

3.

Where an individual (excluding individual business) owes taxes, the announcement shall cover: his name, number of identity card of
a citizen or other valid identity certificates, types of outstanding taxes, balance of outstanding taxes, and the amount of outstanding
taxes newly arising in the current term.

Article 6

Where any taxpayer of an enterprise or entity owes tax money less than RMB 2 million Yuan (not included), or any individual business
or individual owes tax money less than RMB 100,000 Yuan (not included), they shall be announced by the tax bureaus or sub-bureaus
at the county level at the tax handling service hall.

Where any taxpayer of an enterprise or entity owes tax money of RMB 2 million Yuan (included) or more, or any individual business
and other individual owes tax money RMB 100 thousand Yuan (included) or more, they shall be announced by the tax bureaus or sub-bureaus
at the prefecture or municipal level.

Where any taxpaying household and other taxpayer whose whereabouts cannot be found out by the tax authorities owes taxes, they shall
be announced by the state taxation bureaus or local taxation bureaus of all the provinces, autonomous regions, municipalities directly
under the Central Government, and cities under separate state planning.

Article 7

With respect to the outstanding taxes information of any taxpayer that needs to be announced by the upper level announcement organ
in line with the present Measures, the lower level announcement organ shall report it to the upper level organ in time.The specific
time and requirements shall be determined by the tax bureaus of the provinces, autonomous regions, municipalities directly under
the Central Government, and cities under separate state planning.

Article 8

Before making an announcement on outstanding taxes, an announcement organ shall make confirmation on the outstanding taxes conditions
of any taxpayer deeply and in detail, lay emphasis on the verification of the outstanding taxes statistical listing data and the
data recorded in the ledger of different accounts of the taxpayer, written data recorded in book accounts and electronic data recorded
in the information system one by one, so as to ensure the truthfulness and accuracy of the data announced.

Article 9

Once outstanding taxes has been determined, the announcement organ shall sign and issue announcement by ways of formal documentation
to announce to the society.

The method of combining the balance of outstanding taxes with the newly increased outstanding taxes shall be implemented for the amount
of outstanding taxes in the announcement, and the tax authority may not make announcement on the following outstanding taxes of a
taxpayer:

1.

Outstanding taxes of a taxpayer who has been adjudicated bankruptcy, and been revoked qualification of a legal person after legal
liquidation;

2.

Outstanding taxes of an enterprise, which has been ordered to revoke or close down and has been deregistered or disqualified as a
legal person according to law after legal liquidation;

3.

Outstanding taxes of an enterprise, which has consecutively stopped production and business operation for more than one year (computed
on the basis of the date of the calendar); and

4.

Outstanding taxes of a taxpayer who has disappeared for more than two years.

The decision on announcement shall be listed as archives of materials of taxation collection administration, and shall be kept properly.

Article 10

An announcement organ shall not exceed the scope as stipulated in the present Measures when announcing the outstanding taxes of any
taxpayer, and shall keep secrets for the pertinent conditions of any taxpayer pursuant to the Tax Collection Administration Law and
its detailed implementation rules.

Article 11

After occurrence of any outstanding taxes, a tax authority shall, in addition to making announcement according to the present Measures,
urge the payment of tax according to law and strictly compute and collect additional late fees by day, or even take taxation preservation
or taxation mandatory enforcement measures to clear the outstanding taxes.No entity or individual may, in the form of announcement
of outstanding taxes, substitute the taxation preservation or taxation mandatory enforcement measures and the implementation of other
legal measures to disturb the clearance of outstanding taxes.The announcement organs at all levels shall designate a department to
take charge of the work of announcement on outstanding taxes and clarify the relevant liabilities of the other relevant functional
departments to strengthen administration on outstanding taxes.

Article 12

Where any announcement organ fails to make public notice it shall make or fails to report to the upper level organ that it shall report
to, which results in damages to the tax money of the state, the tax authority of the upper level shall, in addition to ordering it
to set right, give punishment on the personnel directly liable in accordance with the provisions of the Interim Regulation on National
Public Servants and the Notice of the Ministry of Personnel on Relevant Issues concerning the Disciplinary Punishment on National
Public Servants.

Article 13

The provisions of the present Measures shall be abided by for making announcement on outstanding taxes of withholders and tax paying
guarantor.

Article 14

The tax bureaus of all the provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate
state planning may formulate specific implementation rules according to the present Measures.

Article 15

The power to interpret the present Measures shall remain with the State Administration of Taxation.

Article 16

The present Measures shall be implemented as of January 1st, 2005.



 
State Administration of Taxation
2004-10-10

 







NOTICE OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON ISSUES CONCERNING THE MANAGEMENT OF INTERNAL OPERATION OF FOREIGN EXCHANGE FUNDS OF TRANSNATIONAL COMPANIES

Notice of the State Administration of Foreign Exchange on Issues Concerning the Management of Internal Operation of Foreign Exchange
Funds of Transnational Companies

No. 104 [2004] of the State Administration of Foreign Exchange
October 18, 2004

The branches and the foreign exchange administrative departments of the State Administration of Foreign Exchange (hereinafter referred
to as the branches or FEADs) of all provinces, autonomous regions and municipalities directly under the Central Government,the branches
of the State Administration of Foreign Exchange in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo, and all designated Chinese-funded
foreign exchange banks:

With the view of optimizing the allocation of foreign exchange resources, facilitating and supporting the utilization of foreign exchange
funds and business operations of the transnational companies, the following issues concerning the management of internal operation
of foreign exchange funds of transnational companies are notified hereby according to the Regulation of the People’s Republic of
China on Foreign Exchange and other relevant laws and regulations:

1.

Fundamental Definitions and Management Principles

(1)

The term “transnational company” as mentioned in the present Notice refers to an enterprise group concurrently possessing of member
companies both at home and abroad and one of whose member companies at home exercises the global or regional (including China) investment
management function. Such an enterprise group may be a Chinese-invested holding enterprise group (namely Chinese-invested transnational
company) or a foreign-invested holding enterprise group (namely foreign-invested transnational company).

The term “member companies” as mentioned in the present Notice refers to all companies with independent juridical person qualification
within an enterprise group and with the relationship of one’s holding of the shares of another or held by it.

This Notice shall not apply to transnational financial institutions.

(2)

The term “internal operation of foreign exchange funds” as mentioned in the present Notice refers to an investment financing approach
of a transnational company by lending of foreign exchange funds among the domestic member companies or between a domestic member
company and an overseas member company in order to decrease financial costs and increase the fund utilization efficiency according
to he provision of the present Notice foreign exchange.

(3)

The lending of foreign exchange funds between two member companies may be conducted by a finance company established upon the approval
of the financial competent department according to the Measures for the Administration of Financial Companies of Enterprise Groups.
It may also be conducted by authorizing a designated bank for foreign exchange business to grant loans according to the General Principles
on Loans. Where a domestic member company of a transnational company intends to lend foreign exchange funds to an overseas member
company and the requirements as stipulated in the present Notice are met, it may do so by way of direct lending.

A domestic member company of a transnational company shall abide by the relevant provisions of China on the Management of Foreign
Debts when it borrows foreign exchange funds from an overseas member company and repays the principal and interests of the aforesaid
fund.

(4)

Where a member company of a transnational company lends foreign exchange funds to another, both parties shall stipulate on the lending
interest rate pursuant to the rate of commercial loans of the same period in the international financial market. Such lending interest
rate shall not be abnormally high or low.

(5)

The foreign exchange funds used for internal operation of a transnational company shall be confined to the self-owned foreign exchange
funds which refer to the funds coming from the capital fund account or current foreign exchange account of the domestic member companies
of a transnational company and can be disposed of freely.

(6)

The funds of entrustment lending by a transnational company within China shall not be used for the settlement of foreign exchangeor
be used as a pledge of RMB loan.

(7)

Where a domestic member of a Chinese-invested transnational company lends any foreign exchange fund to any overseas member company,
the balance of foreign exchange lending shall not exceed 20 % of the owner’s rights and interests.

Where a domestic member company of a foreign-invested transnational company lends money to any overseas member company, the balance
of foreign exchange lending shall not exceed the aggregate amount of the part of profit in the previous year that has been distributed
but hasn’t been remitted abroad to foreign investors plus the undistributed enterprise profit that shall be taken by foreign investors
in proportion to their investment.

(8)

When engaging in internal operation of foreign exchange funds, the transnational company shall stick to the principle of payment according
to income. Without permission, it shall not deduct or offset the domestic and overseas the account receivable and the account payable
or make any net settlement.

(9)

When engaging in internal operation of foreign exchange funds, a transnational company shall comply with the present Notice and other
provisions concerning the management of foreign exchange and shall be subject to the administration, supervision and inspection of
the State Administration of Foreign Exchange (hereinafter referred to as the SAFE) and its branches and FEADs.

2.

Qualifications for Internal Operation of Foreign exchange funds of Transnational Companies

(1)

In order to engage in entrustment lending of foreign exchange funds within China, the domestic member companies of a transnational
company shall meet the following requirementsforeign exchange:

(a)

Both the entrusting lender and the borrower shall have been lawfully set up upon registration, and their registered capitals have
been fully paid in due time; and

(b)

The principal and proceeds of the previous entrustment lending of foreign exchange funds between the entrusting lender and the borrower
of domestic member companies foreign exchange have been repaid in the promissory time limit.

(2)

In order to engage in lending of foreign exchange funds to the overseas member companies, the domestic member company of a transnational
company shall meet the following requirements besides the requirements as mentioned in the first paragraph of Article 2 :

(a)

A Chinese-invested transnational company shall have at least 3 member companies abroad;

(b)

A foreign-invested company shall have at least 3 member companies within China; and

(c)

The domestic member company of a China-invested transnational company, whch exercises the global and regional investment management
function of the transnational company, shall have invested at least 5 million dollars in total into the overseas counterpart(s)which
were rated as Class II or higher in the latest joint annual inspection over overseas investments;

(d)

As for a domestic member company of a foreign-funded transnational company that provides the lending funds, the ratio of its foreign
exchange receivable of the previous year to its total foreign exchange asset shall be lower than the normal or average level of the
foreign-funded enterprises of the same industry of the previous year; the amount of bank foreign exchange settlement conducted by
the company in the previous year shall be bigger than its foreign exchange purchase amount; or the margin between the purchase amount
and the settlement amount of the bank shall be lower than the normal or average level of the foreign-funded enterprises of the same
industry of the previous year; the rights and interests of the owner shall not be less than US$ 30 million and the ratio of net asset
to the total asset shall not be less than 20 %;

(e)

As for a member that has been allowed to lend foreign exchange funds to its overseas counterparts, it shall have taken back the principal
and proceeds of the previous fund lent abroad within the promissory time limit.

3.

The Application for Internal Operation of Foreign exchange Funds of Transnational Companies

(1)

Where a transnational company plans to engage in entrusted foreign exchange lending within China, the domestic member company as the
entrusting lender shall file an application to the bank where its capital account or current foreign exchange account is opened.
After the opening bank examines the qualifications of the domestic member company of the transnational company pursuant to requirements
of the present Notice, if it accepts the application, it shall, as the entrusted bank, sign a contract on foreign exchange entrustment
lending with the entrusting lender and the borrower.

The entrusted bank shall, according to the requirements for the “creditors” as mentioned in the Notice of the State Administration
of Foreign Exchange on Reforming the Foreign Exchange Administration of Domestic Foreign Exchange Loans (No. 125 of the State Administration
of Foreign Exchange [2002]), perform the corresponding duties for the operation, supervision and reporting for the record of the
entrusted lending business.

(2)

Where a transnational company plans to engage in entrusted outbound foreign exchange lending, after concluding a lending agreement,
its domestic member company that offers the lending funds shall submit the following materials to the SAFE for examination and approval
via the local branch or FEAD:

(a)

An application (See Attachment 1);

(b)

The lending agreement concluded by the lender and overseas borrower, or by the lender, overseas lender and the entrusted financial
institution within China;

Where the overseas borrower plans to use the foreign exchange funds it borrows to invest in the operation of stocks, bond, futures
etc., the lending agreement shall clearly stipulate that the lender entrusts the overseas borrower to make investments;

(c)

The lender’s financial audit report on the foreign exchange incomes and expenses during the recent year;

(d)

The latest capital verification report of the lender;

(e)

The descriptions about the overseas lending and repayment that has been done;

(f)

In addition, a Chinese-invested transnational company shall offer the name list of its overseas member companies, a copy of the approval
certificate issued by the commerce competent department of every overseas member company, financial accounting statement of the recent
year of the overseas borrower(s) and the joint inspection report over the overseas investments directly related to the overseas borrower(s);
and

(g)

In addition, a foreign-invested transnational company shall offer the name list of its domestic member companies, a copy of foreign
exchange register certificate of every domestic member company and a letter issued by the overseas holding parent company for guaranteeing
the safety of the lending funds (for ensuring full repayment of the principal of the loan offered by the domestic lender and further
investment operation by using such lending funds).

After the branch or FEAD receives the materials submitted by the lender, it shall complete the preliminary examination within 10 working
days and shall report it to the SAFE. After the SAFE receives the aforesaid integrated application materials and confirms them inerrant
upon examination, it shall, within 20 working days, issue an approval to the lender and shall send a copy to the branches or FEADs
where the lender and the enterprises participating in the lending are located. Upon the strength of the approval document, the branches
or FEADs, where the lender and the enterprises participating in the lending are located, shall respectively issue documents of approval
of opening bank account, domestic transfer or overseas payment of foreign exchange under capital foreign exchange business to the
lender and the enterprises participating in the lending.

4.

Procedures for the Internal Operation of Foreign Exchange Funds of Transnational Company

(1)

After a entrustment lending agreement is concluded among the domestic member company which serves as the entrusting lender of a transnational
company, the domestic member company which serves as a borrower and the entrusted bank, the entrusted bank may, pursuant to the Notice
of the State Administration of Foreign Exchange on Reforming the Foreign Exchange Administration of Domestic Foreign Exchange Loans
(No. 125 of the State Administration of Foreign Exchange[2002]), open an foreign exchange loan exclusive account for the borrower,
go through the formalities for transferring the lending funds, repayment of the principal interests. No approval of the SAFE is required
when the entrusted bank conducts transfer of lending funds or repayment funds between the entrusting lenders’ capital account or
current foreign exchange account and the borrower’s foreign exchange loan exclusive account.

The entrusted bank shall regularly report to the local branch or FEAD the changes of the domestic credits of the transnational company
by referring to the formats and contents of Attachments 1-4 (inserting a column post_titled “entrusting lender” after the final column
of each statement as shown in Attachments 1-3; inserting a sub-item post_titled “domestic entrusting lending” for each item under “Credit”
Item in Attachment 4) as listed in the Notice of the State Administration of Foreign Exchange on Reforming the Foreign Exchange Administration
of Domestic Foreign Exchange Loans (No. 125 of the State Administration of Foreign Exchange[2002]) foreign exchange.

(2)

As to a transnational company’s entrustment lending of foreign exchange funds within China, if the term of the loan expires or the
borrower requests for making repayment by installments or ahead of schedule, the entrusted bank shall supervise and assist the entrusting
lender and borrower to repay the loans by following steps: First, transfer the repayment of foreign exchange funds to the original
capital account till the amount of repayment is equal to the amount transferred out of the original capital account. Then, according
to the principle of proportioning the interests to the principal, transfer the remaining part of the principal and interest of the
loan into the current foreign exchange account, out of which the original fund is transferred. Where the repayment is made at the
expiration of the loan, the steps mentioned above shall be achieved within 20 working days as of the day when the lending period
expires. As to the repayment by installments or ahead of schedule, the formalities mentioned above shall be timely achieved as well
in light of the time limit and way as stipulated by three parties.

(3)

When applying for engaging in overseas lending of foreign exchange funds, the transnational company shall submit the following materials
to the local branch and FEAD for opening an overseas lending exclusive account:

(a)

An application for opening a bank account; and

(b)

The document issued by the SAFE for approving its overseas lending.

After the local branch or FEAD confirms the materials mentioned above as inerrant, it shall issue the lender an approval document
for opening a bank account. The bank shall go through the formalities for opening an account for the lender upon the strength of
the aforesaid approval document. The income of the overseas lending exclusive account shall be limited to the foreign exchange funds
transferred to this account from capital account or current foreign exchange account of the lender or other domestic member companies
with approval of the branch or FEAD, the repayment of the principal and interest of the fund lent abroad and the deposit offered
by the overseas controlling parent company for the fulfillment of contract; the expense shall be limited to funds of the overseas
lending with approval of the SAFE and funds transferred back from the corresponding capital account or current foreign exchange account.

(4)

A transnational company may, within 6 months as of the day when the SAFE approves it to engage in overseas lending, remit foreign
exchange funds in approved amount abroad in a lump sum or several times with approval of the local branch or FEAD.

(5)

The time limit for each overseas foreign exchange loan of a transnational company shall not exceed two years. Where the term of the
loan expires or the overseas borrower requests for making repayment by installments or ahead of schedule, the overseas borrower shall
remit the foreign exchange funds for repayment to the original overseas lending exclusive account. With approval of the branch or
FEAD, it first shall transfer foreign exchange funds for repayment back to the original capital account till the amount of repayment
is equal to the amount transferred out of the original capital account; then, pursuant to the principle of proportioning the interests
to the principal, transfer the remaining part of principal and interest of the loan into the current foreign exchange account out
of which the original funds are transferred. If it is necessary to extend the term of the loan, the lender shall file an application
to the local branch or FEAD within 1 month prior to the expiry date.

(6)

Where a domestic member company of a transnational company grants loans to its overseas counterparts, or grants loans and entrusts
its overseas companies to make investment by using the loans, the total amount of the rights and interests generated from the overseas
loans as calculated on the last day of annual calculation shall not be less than the corresponding total amount of the principals
of the overseas loans.

(7)

Where a transnational company grants loans oversea by using foreign exchange funds, the domestic member company lender shall establish
a special ledger for the operation of overseas funds, manage the funds uniformly and conduct the accounting in a centralized way,
and shall formulate a monthly Statement of Changes of Foreign Exchange Fund Positions of Overseas Lending Special Accounts and Statement
of Operation of Overseas Lending Funds (See Attachment 2).

(8)

Where the repayment funds for the domestic and overseas entrusting foreign exchange loans and overseas loans of a transnational company
are remitted or transferred to the capital accounts of the domestic member enterprises, the maximum quota of the capital account
shall not be occupied. When the banks, into which the repayments are remitted or transferred, reply the letters of requests for bank
confirmation, they shall give a clear indication of the words “Repayment Funds” in the column of “Remarks”. No accounting firms may
undertake capital verification business of foreign-funded enterprises on the strength of such kind of replies to letters of requests
for bank confirmation.

5.

Supervision

(1)

Every branch or FEAD shall, pursuant to the statements submitted by banks within its jurisdiction, insert a sub-item “Domestic Entrustment
Lending” under each item “Domestic and Overseas Loans” in the Monthly Statement of Flow and Exchange under Capital Projects and Subordinate
Projects, and submit a statement to the SAFE every month.

A transnational company, which engages in internal operation of overseas loans, shall gather the information on the overseas loans
of its domestic member companies in June each year and submit it to the SAFE via the local branch or FEAD for examination. The information
gathered shall include the following:

(a)

A report on the overseas lending of foreign exchange funds and the operation circumstance of all domestic member companies of the
transnational company during the previous 12 months by the end of May of the current year (See Attachment 3 for the reference format);

(b)

The previous 12-month Statement of Changes of Foreign Exchange Funds Positions of Overseas Lending Special Account and Statement of
Operation of Overseas Lending Funds of the domestic lending member company of the transnational company;

(c)

The previous 12-month audit report on the domestic foreign exchange lending member company of the transnational company; and

(d)

The previous 12-month capital verification report of the domestic member company of the transnational company engaging in overseas
lending (no capital verification reports are required if no capital verification was conducted during the previous year).

(2)

Where the SAFE, within 30 working days after the SAFE receives the complete set of the materials mentioned above, finds upon examination
that the overseas lending conducted by the domestic member company of a transnational company falls short of the qualification requirements
as prescribed in the Article 2 of the present Notice or the rights and interests derived from overseas loans fail to meet the requirements
as mentioned in Article 4 (6), it shall be enpost_titled to disqualify the domestic member company of the transnational company from
lending foreign exchange funds abroad. The domestic member company which is disqualified from lending foreign exchange funds abroad
shall, within 20 working days, takes back the principal and proceeds of overseas loans into the overseas lending special account.
Furthermore, if a foreign-invested transnational company fails to satisfy the requirements as mentioned in Article 4 (6) of the
present Notice in getting repayment of loans, the overseas holding parent company who has issued the letter for guaranteeing the
safety of the lending funds shall perform the guaranty liability within 20 working days after the domestic member company was disqualified
from lending foreign exchange funds abroad. Where a transnational company fails to timely submit the materials as required in Article
5 (2) to the SAFE in light of requirements, it shall be given punishment according to Article 5 (3).

6.

Other Items

(1)

Where a transnational company violates this Notice in its internal operation of foreign exchange funds, it shall be punished by the
branch or FEAD pursuant to Regulation of the People’s Republic of China on Foreign Exchange.

(2)

As to a domestc enterprise group without any member company oversea, the entrustment lending for foreign exchange funds between its
domestic member companies shall be conducted by referring to this Notice.

(3)

The power to interpret this Notice shall remain with the SAFE.

(4)

This Notice shall come into force as of November 1, 2004.

Attachments:

1.

Application of Transnational Companies for Granting Overseas Foreign exchange Loans (for reference of the format)(omitted)

2.

Statement of Changes of Foreign exchange Fund Positions of Overseas Lending Special Accounts and Statement of Operation of Overseas
Lending Funds (for reference of the format)(omitted)

3.

Report on Overseas Foreign exchange Loans and Operation (for reference of the format)(omitted)



 
the State Administration of Foreign Exchange
2004-10-18

 







MINISTRY OF COMMERCE ANNOUNCEMENT NO.63, 2004 ON EXTENDING THE TIME LIMIT OF NEOPRENE ANTI-DUMPING INVESTIGATION

Ministry of Commerce

Ministry of Commerce Announcement No.63, 2004 on Extending the Time Limit of Neoprene Anti-dumping Investigation

[2004] No.63

Ministry of Commerce issued Announcement on November 10, 2003, starting anti-dumping investigation on Neoprene originating in Japan,
United States and European Union. The Customs import and export tax numbers of the investigated products are 40024910 and 40024990
respectively.

For the particularity and complexity of the case, in accordance with item 26 of the Anti-dumping Regulations of the People’s Republic
of China, Ministry of Commerce decides to extend the investigating time limit for another 6 months, and the anti-dumping investigation
will be terminated on May 10, 2005.

It is hereby notified.

Ministry of Commerce of the People’s Republic of China

November 1, 2004



 
Ministry of Commerce
2004-11-01

 







CATALOGUE FOR THE GUIDANCE OF FOREIGN INVESTMENT INDUSTRIES (AMENDED IN 2004)

e02773

the State Development and Reform Commission, the Ministry of Commerce

Order of the State Development and Reform Commission, the Ministry of Commerce of the People’s Republic of China

No.24

The Catalogue for the Guidance of Foreign Investment Industries and its Attachment have been amended and are promulgated now for the
purpose of meeting the need of economy and social development and adjustment of industrial structure, and shall come into force on
January 1st, 2005. The Catalogue for the Guidance of Foreign Investment Industries which was promulgated by the former State Development
Planning Commission, the former State Economy and Trade Commission and the former Ministry of Foreign Trade and Economic Cooperation
on March 11, 2002 shall be annulled at the same time.

Ma Kai, Director of the State Development and Reform Commission

Bo Xilai, Minister of the Ministry of Commerce

November 30, 2004

Catalogue for the Guidance of Foreign Investment Industries (Amended in 2004) Catalogue of Encouraged Foreign Investment Industries

I.

Farming, Forestry, Animal Husbandry and Fishery Industries

1.

Improvement of low and medium yielding field

2.

Planting technology, without social effects of pollution, of vegetables (including edible fungus and melon-watermelon), fruits, teas
and serial development and production of these products

3.

Development and production of new breed varieties (excluding those gene-modified varieties) of fine quality, high-yielding crops such
as sugar-yielding crops, fruit trees, flowers and plants, forage grass and related new techniques

4.

Production of flowers and plants, and construction and operation of nursery base

5.

Reusing in fields and comprehensive utilization of straws and stalks of crop, development and production of resources of organic fertilizers

6.

Cultivation of traditional Chinese medicines (equity joint ventures or contractual joint ventures only)

7.

Planting of forest trees (including bamboo) and cultivation of fine strains of forest trees

8.

Planting of caoutchoucs, sisals and coffees

9.

Breeding of quality varieties of breeder animals, breeder birds and aquatic offspring (excluding precious quality varieties peculiar
to China)

10.

Breeding of famous, special and fine aquatic products, as well as cage culture in deep water

11.

Construction and operation of ecological environment protection projects preventing and treating desertification and soil erosion
such as planting trees and grasses, etc.

II.

Mining and Quarrying Industries

*1.

Venture prospecting and exploitation of petroleum, natural gas

*2.

Exploitation of oil and gas deposits (fields) with low osmosis

*3.

Development and application of new technologies that can increase the recovery factor of crude oil

*4.

Development and application of new technologies for prospecting and exploitation of petroleum, such as geophysical prospecting, well
drilling, well-logging and downhole operation, etc.

5.

Prospecting and exploitation of coal and associated resources

6.

Prospecting and exploitation of coal-bed gas

7.

Exploration and beneficiation of gold mines with low quality or difficult to beneficiate (equity joint ventures or contractual joint
ventures only)

8.

Prospecting, exploitation, and beneficiation of iron ores and manganese ores

9.

Prospecting and exploitation of copper ores, plumbum ores and zinc ores (equity joint ventures or contractual joint ventures only,
wholly foreign-owned enterprises are permitted in west regions)

10.

Prospecting and mining of aluminum ores (equity joint ventures or contractual joint ventures only, wholly foreign-owned enterprises
are permitted in west regions)

11.

Mining and beneficiation of chemical mines including sulfur ores, phosphate ores, kalium ores, etc.

III.

Manufacturing Industries

1.

Food Processing Industry

(1)

Storage and processing of food, vegetables, fruits, fowl and livestock products

(2)

Aquatic products processing, seashell products cleansing and processing, and development of function food made from seaweed

(3)

Development and production of drinks of fruits, vegetables, albumen, teas and coffees

(4)

Development and production of fond for babies and agedness, as well as function food

(5)

Production of dairy products

(6)

Development and production of biology feeds and albumen feeds

2.

Tobacco Processing Industry

(1)

Production of secondary cellulose acetate and processing of tows

(2)

Production of tobacco slices in the way of paper making

3.

Textile Industry

(1)

Production of special textiles for engineering use

(2)

Weaving and dyeing as well as post dressing of high-grade loomage face fabric

4.

Leather, Coat Products Industry

(1)

Processing of wet blue skin of pig, cow and sheep with new technology

(2)

Post ornament and processing of bather with new technology

5.

Lumber Processing Industry and Bamboo, Bine, Palm, Grass Products Industry

(1)

Development and production of new technology and products for the comprehensive utilization of “sub-quality, small wood and fuel wood”
and bamboo in the forest area

6.

Paper Making and Paper Products Industry

(1)

Project based on the mode of integration of forest and paper with an annual production capacity of over 300 thousand tons of chemical
wood pulp or an annual production capacity of over 100 thousand tons of chemical mechanical wood pulp (equity joint ventures or contractual
joint ventures only)

(2)

Production of high-quality paper and cardboard (equity joint ventures or contractual joint ventures only)

7.

Petroleum Refining and Coking Industry

(1)

Deep processing of needle coke and coal tar

(2)

Production of heavy traffic road asphalt

8.

Chemical Raw Material and Products Manufacturing Industry

(1)

Production of alkene through catalyzing and cracking of heavy oil

(2)

Production of ethylene with an annual production capacity of 600 thousand tons or over (the Chinese partners shall hold relative majority
of shares)

(3)

Comprehensive utilization of ethylene side-products such as C5-C9

(4)

Mass production of corvic (in the way of ethylene)

(5)

Production of organochlorine serial chemical industrial products (excluding high-residual organochlorine products)

(6)

Production of basic organic chemical industrial raw materials such as the of benzene, methylbenzenc, dimethylobenzene, etc. and its
derivatives

(7)

Production of supporting raw materials for synthesized materials (bisphenol-A, (4)’ diphenylmethane, diiso-cyan ester, and vulcabond
toluene)

(8)

Production of synthetic fibre raw materials: precision terephthalic acid, vinyl cyanide, caprolactam and nylon 66 salt

(9)

Production of synthetic rubber (liquid butadiene styrene rubber by butadiene method, butyl rubber, isoamyl rubber, butadiene neoprene
rubber, butadiene rubber, acrylic rubber, chlorophydrin rubber)

(10)

Production of engineering plastics and plastic alloys

(11)

Fine chemistry industry: new products and technology for catalytic agent, auxiliary and pigment; processing technology for the commercialization
of dye (pigment); production of high-tech chemicals for electronics and paper-making, food additives, feed additives, leather chemical
products, oil-well auxiliaries, surface active agent, water treatment agent, adhesivcs, inorganic fibre, inorganic powder stuffing
and equipment

(12)

Production of auxiliary agent, preparation agent, and dye-stuff for textile and chemical fibre ladder

(13)

Production of depurant of automobile tail gas, catalyzer and other assistant agents

(14)

Production of nature spices, synthetic spices and single ion spices

(15)

Production of high capability dope

(16)

Production of chloridized titanium white

(17)

Production of chlorofluorocarbon substitution

(18)

Production of mass coal chemical industrial products

(19)

Development and production of new technology and products for the forestry chemicals

(20)

Production of ion film for caustic soda

(21)

Production of biologic fertilizers, high-density fertilizers (potash fertilizer, phosphate fertilizer) and compound fertilizers

(22)

Development and production of new varieties of effective, low poison and low residual agriculture chemicals and pesticides

(23)

Development and production of biology agriculture chemicals and pesticides

(24)

Development and production of inorganic, organic and biologic films for environment protection

(25)

Comprehensive utilization and disposure of exhaust gas, discharge liquid, waste residue

9.

Medicine Industry

(1)

Production of material medicines under patent and administrative protection in our country or chemical material medicines which we
have to import

(2)

Vitamins: production of niacin

(3)

Amino acid: production of serine, tryptophan, histidine, etc.

(4)

Production of analgesic-antipyretic medicines with new technique and new equipment

(5)

Production of new variety of anticarcinogen medicines, as well as cardiovascular and cerebrovascular medicines

(6)

Production of new, effective and economical contraceptive medicines and devices

(7)

Production of new variety of medicines which are produced by means of biological engineering technology

(8)

Production of vaccine through genie engineering technology (vaccine against AIDS, vaccine against type-C hepatitis, contraceptive
vaccine, etc.)

(9)

Development and production of medicines made from allopelagics

(10)

Production of diagnostic reagent for AIDS and radioimmunity diseases

(11)

Medicines and pharmaceutics: production of new products and new dosage forms adopting new techniques such as slow release, control
release, target preparation and absorbed through skins

(12)

Development and applications of new variety of adjuvant medicines

(13)

Processing and production of traditional Chinese herb medicines, products which distill from traditional Chinese herb medicines and
Chinese patent medicines (excluding preparing technique of traditional Chinese medicines in small pieces ready for decoction)

(14)

Production of biological medical materials and products

(15)

Production of antibiotic material medicines used for animals (including antibiotics and chemical synthesis medicines)

(16)

Development and production of new products and new dosage forms of antibiotic medical, anthelmintic, insecticide, anti-coccidiosis
medicines used for animals

10.

Chemical Fibre Manufacturing Industry

(1)

Production of differential chemical fibre and high, new technological fibre such as aromatic synthetic fibre, functional environment-amicable
ammo synthetic fibre with an annual production capacity of over 5000 tons, carbon fibre, high tensible and high modulus polythene

(2)

Production of chemical fibre of environmental protection variety such as direct viscose and asepsis spinning, etc.

(3)

Production of polyester used for non-fibre with a daily production capacity of over 500 tons, and production of new type polyester
used for fibre and non-fibre (poly terephthalic acid propylene glycol ester, poly sebacic acid glycol ester, polybutylene terephthalate(PBT),
etc.)

11.

Plastic Products Industry

(1)

Production of polyamide film which can keep fresh

(2)

Development and production of new products and new technologies for agricultural films (photolysis film, multifunctional film and
the raw materials, etc.)

(3)

Reutilization and counteraction of waste and old plastic

12.

Non-metal Mineral Products Processing Industry

(1)

Production of fine-quality floating glass with a daily melting capacity of 500 tons or over (only in mid-west region of China)

(2)

Production of new type dry process cement of clinker with a daily output capacity of 2,000 tons or over (only in midwest region of
China)

(3)

Production of glass fibre (product line with technology of wire drawing in tank furnace) and glass fibre reinforced plastic products
with an annual capacity of 10,000 tons or more

(4)

Production of high level sanitation porcelain with an annual production of 500,000 pieces or over

(5)

Standardization refine of ceramic material and production of high-level decorative materials used for ceramics

(6)

Production of high-level refractory material used in furnaces for glass, ceramics and glass fibre

(7)

Production of inorganic, non-metal materials and products (artificial crystal, high-capability complex materials, special kind of
glass, special kind of ceramics, special kind of airproof materials and special kinds of cementation materials)

(8)

Production of new type of building materials (lightweight high-intensity and multi-function materials for wall, high-level environment
protecting decorating and finishing materials, high quality water-proof and airproof materials, and effective thermal insulation
materials)

(9)

Deep processing of non-metal mineral products (super-thin comminution, high level pure, fine production, modification)

13.

Ferrous Metallurgical Smelting and Rolling Processing Industry

(1)

Production of direct and fusion reduced iron

14.

Non-Ferrous Metallurgical Smelting and Rolling Processing Industry

(1)

Smelting of gold mines with low quality or difficult to beneficiate (equity joint ventures or contractual joint ventures only, wholly
foreign-owned enterprises are permitted in west regions)

(2)

Production of hard alloy, tin compound and antimony compound

(3)

Production of non-ferrous composite materials, new type of alloy materials

(4)

Utilization of rare-earth

15.

Metal Products Industry

(1)

Design and manufacturing of non-metal products molds

(2)

Design and manufacturing of car and motorcycle molds (including plunger die, injection mold, moldingdie, etc.) and chucking appliances
(chucking appliances for welding, inspection jig, etc.)

(3)

Development and production of high-grade hardware for construction, hot-water heating equipment and hardware parts

16.

General Machine-building Industry

(1)

Manufacturing of numerically controlled machine tools, digital control system and servomechanism installations which exceed triaxiality
linkage

(2)

Manufacturing of high performance welding robot and effective welding and assembling production equipment

(3)

Production of high temperature resistant and insulation material (with F, H insulation class), as well as insulation shaped parts

(4)

Production with techniques of proportional, servo-hydraulic pressure, low-power pneumatic control valve and stuffing static seal

(5)

Production of precision plunger dies, precision cavity molds and standard components of molds

(6)

Manufacturing of precision hearings and all kinds of bearings used specially for principal machines

(7)

Manufacturing of casting and forging workblanks for cars and motorcycles

17.

Special Equipment Manufacturing

(1)

Development and manufacturing of new technology and equipment for the storage, preservation, classifying, packing, drying, transporting
and processing of food, cotton, oil, vegetables, fruits, flowers, pastura plants, meat and aqua-products

(2)

Manufacturing of facility agriculture equipment

(3)

Manufacturing of new technical agriculture and forestry equipment

(4)

Design and manufacturing of engines for tractors, combine harvesters, etc.

(5)

Manufacturing of equipment for reusing in fields and comprehensive utilization of straws and stalks of crop

(6)

Manufacturing of equipment for comprehensive utilization of waste agriculture products and waste fowl and livestock products which
are bred in scale

(7)

Manufacturing of water-saving irrigation equipment with new technique

(8)

Manufacturing of earthwork for wet land and desilting machines

(9)

Technology of hydrophily ecological system for protecting environment and equipment manufacturing

(10)

Manufacturing of equipment for scheduling system which is used in long-distance transmitting water engineering

(11)

Manufacturing of special machines and equipment for flood prevention and emergency rescue

(12)

Manufacturing of key equipment in food industry such as high-speed asepsis canning equipment and brander equipment, etc.

(13)

Production technology and key equipment manufacturing of aminophenol, zymin, food additive

(14)

Manufacturing of complete set equipment with a hourly feed processing capacity of 10 tons or more and key spare parts

(15)

Manufacturing of multi-color offset press for web and folio of paper or larger size

(16)

Manufacturing of equipment with new technique for post ornament and processing of leather

(17)

Manufacturing of high-tech involved special industrial sewing machines

(18)

Manufacturing of complete set of equipment of new type of knitting machines, new type of paper (including pulp) making machines

(19)

Design and manufacturing of new type of mechanical equipment for highways and ports

(20)

Manufacturing of equipment for highways and bridges maintenance, automatic detection

(21)

Manufacturing of equipment for operation supervisory control, ventilation, disaster prevention and rescue system of highway and tunnels

(22)

Design and manufacturing of large equipment for railway construction and maintenance

(23)

Manufacturing of equipment for garden machines and tools with new technique

(24)

Manufacturing of special equipment for cities’ sanitation and environment work

(25)

Manufacturing of machines for road milling and overhauling

(26)

Manufacturing of tunneling diggers, equipment of covered digging for city metro

(27)

Manufacturing of city sewage-disposal equipment with capacity of 80,000 tons/day or more, industrial sewage film treatment equipment,
up-flow anaerobic tluidized bed equipment, and other biological sewage disposal equipment, recycling equipment for waste plastics,
desulphurization and denitration equipment for industrial boiler, large high-temperature resistant, acid resistant bag dust remover,
incinerating equipment for rubbish treatment

(28)

Manufacturing of turbine compressors and combined comminutors of the complete set equipment with an annual production capacity of
300,000 tons or over of synthetic ammonia, 480,000 tons or over of urea, 450,000 tons or over ethylene

(29)

Technique for desulfurization of thermal power station and equipment manufacturing

(30)

Manufacturing of sheet conticasters

(31)

Deep processing technique and equipment manufacturing of plate glass

(32)

Manufacturing of equipment for downhole trackless mining, loading and transporting, mechanical power-driven dump trucks for mining
of 100 tons or over, mobile crushers, 3,000 m3 /h or over bucket excavator, 5 m3 or larger mining loader, full-section tunneling
machines

(33)

Design and manufacturing of new instruments and equipment for prospecting and exploitation of petroleum

(34)

Manufacturing of cleaning equipment for electromechanical wells and production of medical

(35)

Manufacturing of electronic endoscopes

(36)

Manufacturing of medical X-ray machines set with high-frequency technique, direct digital imagery processing technique and low radiation
(80kW or over)

(37)

Manufacturing of equipment for high magnetic field intensity and superconduct (MRI)

(38)

Manufacturing of machines for collecting blood plasm only

(39)

Manufacturing of equipment for auto elisa immuno system (including the functions of application of sample, elisa photo meter, wash
plate, incubation, data, post treatment, etc.)

(40)

New techniques of quality control of medicine products and new equipment manufacturing

(41)

New analytical techniques and extraction technologies, and equipment development and manufacturing for the effective parts of traditional
Chinese medicines

(42)

Producing and manufacturing of new packing materials, new containers for medicine, and advanced medicine producing equipment

18.

Communication and Transportation Equipment Industries

*(1)

Manufacture of complete automobiles (including R&D activities)

(2)

Manufacture of engines for automobiles (including R&D activities)

(3)

Manufacture of key spare parts for automobiles: complete disc brakes, complete driving rods, automatic gearboxes, fuel pumps of diesel
engine, inhalant supercharger of engines, electromotion steering system, adhesive axial organ(used for four-wheel drive), gas filling
vibration abosorber,air spring, hydraulic tappet, cluster gauge

(4)

Production of automobile electronic devices(including engine control system, underchassis control system, autocar body electric control
system)

(5)

Manufacture of vehicles for special-purpose in petroleum industry: vehicles for deserts, etc.

(6)

Technology and equipment for railway transportation: design and production of locomotives and main parts, design and production of
equipment for railways and bridges, related technology and equipment production for rapid transit railway, production of equipment
for communicational signals and transportation safety monitoring, production of electric railway equipment and instrument

(7)

Equipment for urban rapid transit track transportation: design and manufacture of sc( of powered car and main parts for metro, city
light rail

(8)

Design and manufacture of civil planes (Chinese partner shall hold the majority of shares)

(9)

Production of spares parts for civil planes

(10)

Design and manufacture of civil helicopters {Chinese partner shall hold the majority of shares)

(11)

Design and manufacture of aeroplane engines (Chinese partner shall hold the majority of shares)

(12)

Design and manufacture of civil air-borne equipment (Chinese partner shall hold the majority of shares)

(13)

Manufacture of light gas-turbine engine

(14)

Design and manufacture of crankshafts of low-speed diesel engine for vessel

(15)

Repairing, design and manufacture of special vessels, high-performance vessels (the Chinese party shall hold the relative majority
of shares)

(16)

Design and manufacture of the equipment and accessories of high-speed diesel engines, auxiliary engines, radio communication and navigation
for vessels (the Chinese party should hold relative majority shares)

(17)

Manufacture of fishing boats and yachts made of glass fibre reinforced plastic

19.

Electric Machinery and Equipment Industries

(1)

Fire power equipment: manufacture of super-critical units of over 600,000 KW, large gas turbines, gas-steam combined cycle power equipments
of over 100,000 KW, coal gasification combined cycle technique and equipment (IGCC), pressure boost fluidized bed (PFBC), large scale
air cooling generating units of over 600,000 KW, large scale cycle fluidized bed (CFB) boiler(limited to equity joint ventures and
cooperative joint ventures)

(2)

Hydropower plant equipment: manufacture of large pump-storage power units of 150,000kW and over, large tubular turbine units of 150,000KW
or over (equity joint ventures or contractual joint ventures only)

(3)

Nuclear-power plant equipment: manufacture of power units of 600,000KW or over (equity joint ventures or contractual joint ventures
only)

(4)

Power transmitting and transforming equipment: manufacture of super high-voltage DC power transmitting and transforming equipment
of 500 KW or over (equity joint ventures or contractual joint ventures only)

20.

Electronic and Telecommunications Industries

(1)

Manufacture of digital television, digital video camera, digital record player, digital sound-playing equipment

(2)

Manufacture of new type plate displays, medium and high resolution color kinescope and glass shielding

(3)

Manufacture of devices, such as key optic engine, light source, projection screen, high resolution projection tube and LCOS module
used in large screen color projection display

(4)

Manufacture of digital audio and visual coding or decoding equipment, digital broadcasting TV studio equipment, digital cable TV system
equipment, digital audio broadcast transmission equipment

(5)

Design of integrated circuit and production of large scale integrated circuit with a line width of 0.35 micron or smaller

(6)

Manufacture of medium- and large-sized computers, portable microcomputers, high-grade server

(7)

Development and manufacture of drivers of high capacity compact disk and disk and related parts

(8)

Manufacture of 3-dimension CAD, CAT, CAM, CAE and other computer application system

(9)

Development and manufacture of software

(10)

Development and production of materials specific for semi-conductor and components

(11)

Manufacture of electronic equipment, testing equipment, tools and moulds

(12)

Manufacture of new type electronic components and parts (slice components, sensitive components, sensors, frequency monitoring and
selecting components, hybrid integrated circuit, electrical and electronic components, photoelectric components, new type components
for machinery and electronics)

(13)

Manufacture of hi-tech green batteries: non-mercury alkali-manganese batteries, powered nickel-hydrogen batteries, lithium-ion batteries,
high-capacity wholly sealed maintenance-proof lead-acid accumulators, fuel batteries, pillar-shaped zinc-air batteries

(14)

Development and manufacture of key components for high-density digital compact disk driver

(15)

Reproduction of read-only compact disk and manufacture of recordable compact disk

(16)

Design and manufacture of civil satellites {Chinese partner shall hold the majority of shares)

(17)

Manufacture of civil satellites effective payload (Chinese partner shall hold the majority of shares)

(18)

Manufacture of spare pans for civil satellites

(19)

Design and manufacture of civil carrier rockets (Chinese partner shall hold the majority of shares)

(20)

Manufacture of telecommunication system equipment for satellites

(21)

Manufac

THE ANNOUNCEMENT OF THE GENERAL ADMINISTRATION OF CUSTOMS ON THE OFFICIAL START OF THE CARGO MANIFEST FOR ENTRY-EXIT BY LAND OF INLAND CUSTOMS AND HONG KONG CUSTOMS

The General Administration of Customs

The Announcement of the General Administration of Customs on the Official Start of the Cargo Manifest for Entry-exit by Land of Inland
Customs and Hong Kong Customs

[2004] No. 42

December 15, 2004

In accordance with the No. 23 Announcement 2004 of the General Administration of Customs, the Cargo Manifest for Entry-exit by Land
of Inland Customs and Hong Kong Customs has been tried out uniformly in inland and Hong Kong SAR since January 1, 2004. The tryout
of the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs has a positive impact on improving the economic
development of the two sides, facilitating the economic and trade communication between them and enhancing the legal enforcement
assistant between the customs of both sides, from which an excellent result has been achieved. After one year’s tryout and transition,
the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs is now been amended and perfected based on the
advice solicited from the transportation industry and on-spot customs; related issues are hereby proclaimed as follows:

1.

As of January 1, 2005, the declaration of the land cargo vehicles between the two sides starts to use the amended Cargo Manifest
for Entry-exit by Land of Inland Customs and Hong Kong Customs. (See attachment 1)

2.

As of January 1, 2005, the declaration of empty land cargo vehicles between the two sides starts to use the Cargo Manifest for Entry-exit
by Land of Inland Customs and Hong Kong Customs special for empty vehicles and in one pattern, two sheets. (See attachment 2)

3.

In starting to use the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs, the declaration information
such as the number of Vehicle License Plates, chassis, container of the transportation vehicle may be obtained; the tractor, trailer
and container are exempted from bound transportation.

4.

In considering that some transportation enterprises still remain some pieces of Cargo Manifest for Entry-exit by Land of Inland Customs
and Hong Kong Customs of trial version in 2004, it is decided that the use of the Cargo Manifest for Entry-exit by Land of Inland
Customs and Hong Kong Customs of trial version in 2004 extends to March 31, 2005 in order to avoid economic loss of these enterprises;
at the expiration of this time, the use thereof is prohibited.

5.

As of January 1, 2005, for the cargo vehicles commuting between inland and Hong Kong (including empty vehicles), the declaration
using the Cargo Manifest for Entry of the Customs of PRC and the Cargo Manifest for Exit of the Customs of PRC for declaration shall
be stopped.

Attachment:

1.

Sample of the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs

2.

Sample of the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs special for empty vehicles (omitted)

3.

The standard and instruction in filling the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs

htm/e03802.htmAttachment 1

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Attachment 1:

 Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs

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Inland Cargo manifest No.:￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿

5 0 0 0 1 5 8 3 2 0 0 3 6  

Hong Kong Cargo Manifest No.:                                      

￿￿￿￿Vehicle License Plate No.: (Inland Vehicle License Plate No.:                                 
Hong Kong Vehicle License Plate No.:                                 
)

￿￿￿_￿Entry/exit* date:                                 
Cargo Loading Place:                                 
Cargo unload place:                                 
This copy manifest has                                   
pages

Item

Name & specification  of cargo

Mark & No.

Package & quantity

Weight/net weight*(kilogram)

Price(currency)

Name & Address of exporter or freight forwarder (Seal)

Name & Address of consignee

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total quan

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...