Brazilian Laws

MEASURES FOR THE ADMINISTRATION OF FOREIGN DEBTS OF FOREIGN-FUNDED BANKS IN CHINA

National Development and Reform Commission, People’s Bank of China, and China Banking Regulatory Commission

Order of the National Development and Reform Commission, People’s Bank of China, and China Banking Regulatory Commission

No.9

In order to intensify the overall management of foreign debts, effectively control the total amount of foreign debts, and standardize
the administration on foreign debts of foreign-funded banks in China, the Measures for the Administration of Foreign Debts of Foreign-funded
Banks In China are formulated upon the approval of the State Council, which are hereby promulgated and shall go into effect 30 days
as of the day of promulgation.

Director of the National Development and Reform Commission Ma Kai

President of the People’s Bank of China Zhou Xiaochuan

Chairman of the China Banking Regulatory Commission Liu Mingkang

May 27, 2004

Measures for the Administration of Foreign Debts of Foreign-funded Banks in China

Article 1

In order to promote the fair competition between Chinese-funded banks and foreign banks in China, effectively control the size of
foreign debts, and prevent the risk of foreign debts, the present Measures are hereby formulated according to the Regulations of
the People’s Republic of China on the Administration of Foreign-funded Financial Institutions, Regulations of the People’s Republic
of China on the Management of Foreign Exchange and the relevant provisions on the administration of foreign debts,.

Article 2

The “Foreign-funded Banks” as mentioned in the present Measures refer to the wholly foreign-funded banks, the Chinese-foreign joint
equity banks and the branches of foreign banks established within the territory of China in accordance with the Regulations of the
People’s Republic of China on the Administration of Foreign-funded Financial Institutions and the relevant laws and regulations.

Article 3

The state exercises total amount control over the foreign debts of foreign-funded banks in China. The foreign debts of a foreign-funded
bank in China shall include the overseas loans, money borrowed from overseas banks, deposits of overseas banks, money under the transactions
with overseas inter-banks and their subordinated institutions (debtor), non-resident deposits and other forms of foreign debts.

Article 4

The National Development and Reform Commission (hereinafter referred to as the NDRC), together with the China Banking Regulatory Commission
(hereinafter referred to as the CBRC) and the State Administration of Foreign Exchange (hereinafter referred to as the SAFE) shall,
in line with the need of national economic and social development, the status of international balance of payments and the capability
for bearing foreign debts, as well as the status of assets and liabilities of foreign-funded banks in China and their needs for working
capital, etc., properly make sure the total amount of foreign debts of foreign-funded banks in China and the structural regulation
objectives of medium and long-term, and short-term foreign debts.

Article 5

Where a foreign-funded bank in China borrows medium and long-term foreign debts with the contractual period of over one year, the
NDRC shall be responsible for the annual verification of the amount of foreign debts. As for short-term foreign debts with the contractual
period of less than one year, the SAFE shall be responsible for the verification of the balance.

Article 6

Before the end of February each year, all the foreign-funded banks in China shall file applications to the NDRC or SAFE respectively
for the amount of medium and long-term foreign debts and the short-term balance of foreign debts of the current year. In particular,
the wholly foreign-funded banks and the Chinese-foreign joint equity banks shall file applications to the NDRC or SAFE level by level
respectively through the branches of the NDRC or SAFE at the place where they have made their business registration. The branch of
a foreign bank shall file an application directly to the NDRC or SAFE through its principal reporting bank in China. If it has no
principal reporting bank, it shall file an application to the NDRC or the SAFE level by level through the branch of the NDRC or SAFE
at the place where it has made the business registration.

Article 7

When applying for the annual total amount of foreign debts, a foreign-funded bank in China shall submit the following documents to
the NDRC or the SAFE respectively:

1.

the application report of for borrowing medium and long-term, or short-term foreign debts, which shall include the operational status
of the previous year, sources and application of capital, basis for the amount of foreign debts to be applied for and the intended
use of the capital, etc..

2.

the document on the annual line of credit as granted to the debtors in China by their overseas headquarters or regional management
departments.

3.

A wholly foreign-funded bank or Chinese-foreign joint equity bank shall provide the domestic consolidated balance sheet and profit
and loss statement of the previous year to the CBRC. The branch of a foreign bank shall provide to the CBRC the balance sheet and
profit and loss statement of the previous year of the branch as well as the consolidated balance sheet and profit and loss statement
of the previous year of its operational branches in China . And

4.

The relevant certification documents in relation to the liquidity needs of the applicant or intended use of the capital.

Article 8

The NDRC and the SAFE shall, in light of the status on foreign debts borrowing of any foreign bank in China in the previous year,
the annual line of credit as granted to the debtors in China by its overseas headquarter or regional management department, and the
demand for domestic loan projects (medium and long-term foreign debts) and the liquidity needs (short-term foreign debts), respectively
verify the amount of medium and long-term foreign debts and the balance of short-term foreign debts of the foreign-funded bank in
China in the current year. The medium and long-term foreign debts newly borrowed by any foreign-funded bank in China in the current
year may not exceed the quota verified by the NDRC. The balance of the short-term foreign debts at any given time in the current
year may not exceed the balance verified by the SAFE.

Article 9

After the total amount of foreign debts is determined, the foreign bank in China may, in light of the need of business, apply to the
NDRC or SAFE for making adjustment for once in the current year, and the NDRC or SAFE shall then decide on whether or not to grant
approval according to the circumstances.

Article 10

The regulations on foreign exchange loans shall be applicable to the issuance of foreign exchange loans by an foreign-funded bank
in China to an domestic institution . Except the outward documentary bill, the foreign-funded bank in China may not settle the foreign
exchange for the foreign exchange loans issued to the domestic institution.

Article 11

The guarantee provided by a foreign-funded bank in China to foreign parties shall be administered as the overseas guarantee. The guarantee
provided by a domestic institution to any foreign-funded bank in China for a domestic debtor shall be administered as the domestic
guarantee.

Article 12

No foreign exchange may be settled for the foreign debt capital borrowed by any foreign-funded bank in China. And no foreign exchange
may be purchased for repayment of the principal and interest of foreign debts. The repayment of principal and interest by a foreign-funded
bank in China under the item of foreign debts does not require the approval of the SAFE.

Upon the approval of the SAFE, a domestic institution may choose a foreign-funded bank in China to open a special account for foreign
debts.

Article 13

The SAFE shall be responsible for the statistics and monitoring of foreign debts and domestic foreign exchange debts of foreign-funded
banks in China. The foreign-funded bank in China shall, within 5 working days at the beginning of each month, submit the statistical
data of foreign debts to the branch of the SAFE at its registration place, and submit the relevant information on domestic foreign
exchange loans to the local foreign exchange bureau in accordance with the relevant provisions on the domestic foreign exchange loans.

Article 14

The SAFE shall conduct on-site or off-site inspection on the borrowing of foreign debts and granting of foreign exchange loans on
a regular or irregular basis. Those in violation of the provisions of the present Measures may be punished by the SAFE in accordance
with the Regulations of the People’s Republic of China on the Management of Foreign Exchange and the relevant laws and regulations.

Article 15

The power to interpret the present Measures shall reside in the National Development and Reform Commission and the People’s Bank of
China. In the case of any discrepancy between any other previous provision and the present Measures, the present Measures shall prevail.

Article 16

The present Measures shall go into effect 30 days as of the day of promulgation.



 
National Development and Reform Commission, People’s Bank of China, and China Banking Regulatory Commission
2004-05-27

 







ANNOUNCEMENT OF OPEN MARKET OPERATIONS

Announcement of Open Market Operations

[2004] No. 9

Circular concerning the Change of the List Time of the Bank Notes of the Central Bank

With a view to enhancing the fluidity of the bank notes of the Central Bank, it is hereby decided, as of August 4, 2004, that the
time for the bank notes of the Central Bank to be listed and circulated in the inter-bank securities market and to be the tools of
open market operations of the People’s Bank of China is changed into the “T+1”, namely, the second working day as of the date of
issue (Wednesday).

The Operation Office of Open Market Operations of the People’s Bank of China

The People’s Bank of China

July 28, 2004



 
The People’s Bank of China
2004-07-28

 







MEASURES FOR HANDLING THE COMPLAINTS OF THE GOVERNMENT PROCUREMENT SUPPLIERS

Ministry of Finance

Order of the Ministry of Finance of the People’s Republic of China

No. 20

Measures for Handling the Complaints of the Government Procurement Suppliers discussed and adopted at the executive meeting of the
Ministry, are hereby promulgated and shall come into force as of the day of September 11, 2004.

Minister, Jin Renqing

August 11, 2004

Measures for Handling the Complaints of the Government Procurement Suppliers ContentsChapter I General Provisions

Chapter II Filing of Complaints and the Acceptance

Chapter III Handling of Complaints and the Decisions

Chapter IV Legal Liabilities

Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1

With a view to preventing and rectifying the illegal or inappropriate government procurement actions, protecting the legal rights
and interests of the suppliers in government procurement, safeguarding the national and public interests and establishing a sound
and highly efficient handling mechanism for government procurement complaints, the present Measures are formulated in accordance
with the Government Procurement Law of the People’s Republic of China (hereinafter referred to as the Government Procurement Law).

Article 2

The present Measures shall apply to the suppliers’ initiating of complaints to the financial departments pursuant to the law, the
financial departments’ acceptance of complaints and making of decisions.

Article 3

The financial departments of the people’s governments at the county level or above shall be responsible for accepting and handling
the complaints filed by the suppliers in accordance with the law.

The Ministry of Finance shall be responsible for handling the complaints of the suppliers in the government procurement activities
under the central budget projects.

The financial departments of the local people’s governments at the county level or above shall be responsible for handling the complaints
of the suppliers in the government procurement activities under the budget projects at the same level.

Article 4

The financial departments at all levels shall publicize their respective telephone number, fax and other matters that may facilitate
the suppliers’ filing of complaints through the media designated by the financial departments for releasing the government procurement
information.

Article 5

When the financial departments handle the complaints; they shall stick to the principle of fairness, impartiality, convenience and
high efficiency so as to safeguard the national and public interests.

Article 6

A supplier shall be subject to the real name system when it (he) files a complaint. Such complaint shall have specific matters to
complain about and factual basis. No one may file any false or malicious complaint.

Chapter II Filing of Complaints and Acceptance

Article 7

Where a supplier alleges that the procurement documents, process, bid and transaction results have caused any damage to its (his)
legal rights and interests, it (he) may initially challenge the purchaser or procurement agency. If the purchaser or procurement
agency fails to give a satisfactory response or respond within the prescribed time limit, the supplier may lodge a complaint to the
financial department at the same level within 15 working days after the expiry of the time limit for response.

Article 8

When a complainant initiates a complaint, it (he) shall submit a statement of complaint and shall offer enough number of duplicates
on the basis of the number of the purchaser, procurement agency against whom the complaint is filed (hereinafter referred to as the
party against whom a complaint is filed) and the supplier(s) relating to the matters complained about.

A statement of complaint shall mainly contain:

(1)

The name, address and telephone number of the complainant and the party against whom the complaint is filed;

(2)

Specific matters to complain about and the factual basis;

(3)

Query and response thereto and relevant evidentiary materials; and

(4)

Date of filing a complaint.

The statement of complaint shall be signed. If the complainant is a natural person, it shall be signed personally. If the complainant
is a legal person or any other organization, it shall be signed by the legal representative or the person chiefly in charge and shall
be affixed with the official seal.

Article 9

A complainant may entrust an agent to handle the complaint related matters. When the agent deals with such matters, it (he) shall
not only submit a complaint, but also a power of attorney from the complainant to the financial department at the same level. The
power of attorney shall clearly set forth the specific power and matters under entrustment.

Article 10

A complainant who initiates a complaint shall meet the conditions below:

(1)

It (he) is a supplier who has participated in the government procurement activities;

(2)

It (he) has made a query in accordance with the law before initiating a complaint;

(3)

The content of the complaint shall be consistent with the present Measures;

(4)

It (he) initiates a complaint within the valid period for doing so;

(5)

It (he) is within the jurisdiction of this financial department;

(6)

The same matters complained about haven’t been tackled as a complaint by the financial department; and

(7)

Other conditions as prescribed by the financial department of the State Council.

Article 11

After the financial department receives a complaint, it shall examine it within 5 workdays. If the complaint does not meet the relevant
conditions, the financial department shall handle it respectively according to the following provisions:

(1)

If the content of the complaint does not meet the relevant requirements, it shall inform the complainant to make necessary corrections
and lodge a new complaint;

(2)

If the complaint is not within the jurisdiction of this department, it shall be transferred to the competent department and the complainant
shall be informed of the transfer; or

(3)

If the complaint doesn’t meet the other conditions, it shall inform the complainant in writing of the dismissal of the complaint and
set forth the basis for such dismissal.

As for a complaint that meets the relevant conditions, it shall be deemed to have been accepted as of the date on which the financial
department receives it.

Article12

The financial department shall serve duplicates on the party against whom a complaint is filed and the suppliers related to the matters
complained about within 3 working days after acceptance of the complaint.

Article 13

The party against whom a complaint is filed and suppliers relating to the matters complained about shall, within 5 working days after
their receipt of the duplicates, make a written explanation to the financial department and shall submit the relevant evidence, basis
and other materials.

Chapter III Handling of Complaints and Decisions thereupon

Article14

In principle, the financial department shall adopt the approach of written examination when handling a complaint. If it considers
necessary, it may make an investigation so as to obtain evidence as well as organize a face-to-face cross-examination between the
complainant and the party against whom the complaint is filed.

Article 15

If the financial department makes an investigation in accordance with the law, the complainant, the party against whom a complaint
is filed and the entities and persons relating to the complaint shall faithfully present the facts as well as the pertinent materials
as needed by the financial department.

Article 16

If the complainant refuses to be cooperative when the financial department makes investigation in accordance with the law, it (he)
shall be deemed to have withdrawn the complaint on its (his) own initiative; if the party against whom the complaint is lodged refuses
to bring forward the relevant evidence, basis and other materials, it (he) shall be deemed to have waived its (his) rights and have
admitted the matters complained about.

Article 17

Upon examination, the financial department shall make a handling decision as follows about the matters complained about respectively:

(1)

If the complainant withdraws the complaint, it shall terminate the handling of the complaint;

(2)

If the complaint lacks a factual basis, the complaint shall be dismissed; or

(3)

If the matters complained about are checked and found to be true upon investigation, it shall be handled in the light of pertinent
provisions of the present Measures.

Article 18

If, upon examination, the financial department determines that the procurement documents show obvious preference or discrimination
and have resulted in or likely cause damage to the lawful rights and interests of the complainant or other suppliers, the case shall
be handled according to the following circumstances respectively:

(1)

If the procurement activity hasn’t been completed yet, it shall order that corrections be made on the procurement documents, and the
activity shall be carried on according to the corrected procurement documents.

(2)

If the procurement activity has been completed, but no government procurement contract is concluded, the financial department shall
determine the procurement activity as illegal and order the parties concerned to carry out afresh the procurement activity; or

(3)

If the procurement activity has already been completed, and a government procurement contract has been signed, the financial department
shall determine the procurement activity illegal and order the party against whom the complaint is filed to bear the corresponding
compensation liabilities in pursuance with the law.

Article 19

Upon examination, if the financial department determines that the procurement documents or process has affected or likely has a bearing
on the award of bid or transaction result, or if there is any illegal act in the process of bid award or of transaction result, the
case shall be handled according to the following circumstances respectively:

(1)

If no government procurement contract has been concluded, the financial department shall determine the whole or partial procurement
act as illegal in light of different circumstances and order the party concerned to carry out afresh procurement activity;

(2)

If the government contract has been concluded but hasn’t been executed yet, the financial department shall determine the contract
as illegal and order the party concerned to carry out anew procurement activity; or

(3)

If the government procurement contract has already been executed, the financial department shall determine the procurement activity
as illegal; and if the said procurement activity inflicts any loss to the purchaser and complainant, the relevant persons responsible
shall bear the compensation liabilities.

Article 20

The financial department shall, within 30 workdays from the day when it accepts a complaint, make a decision on handling the matters
complained about and shall inform in writing the complainant, the party against whom the complaint is filed and other interested
government procurement parties that have to do with the handling result of the said decision.

Article 21

When the financial department makes a decision on handling a complaint, it shall lay down a letter on complaint handling decision
and shall affix its seal. The decision letter shall mainly contain the following items:

(1)

The name and address of the complainant and the party against whom the complaint is filed;

(2)

If an agent is entrusted to handle the relevant matters, the name, occupation, address and contact form of the agent shall be included;

(3)

The specific content of, factual and legal basis for the decision on complaint handling;

(4)

Informing the complainant of the rights to apply for administrative reconsideration or to lodge a lawsuit;

(5)

The date on which the decision on handling the complaint is made.

The service of the decision letter shall be made in accordance with the provisions on service in the law of civil procedure.

Article 22

The financial department may, in the light of circumstances during the time period for handling a complaint, notify the party against
whom the complaint is filed to suspend its procurement activities, but the period of such a suspension may not exceed 30 days at
most.

The party against whom the complaint is filed shall immediately suspend its purchase upon notification, and may not resume such purchase
prior to the expiry of the prescribed time period or before the financial department issues a notice of resuming procurement activities.

Article 23

The financial department shall release the handling result through the media designated by the financial department at the provincial
level or above for releasing the government procurement information

Article 24

If the complainant disagrees on the handling decision made by the financial department, or if the financial department fails to handle
the complaint within the prescribed time limit, the complainant may apply for administrative reconsideration or institute an administrative
proceeding in the people’s court.

Chapter IV Legal Liabilities

Article 25

When handling a complaint, if the financial department finds any unlawful act of the complainant and its personnel, bid evaluation
board or supplier, it shall have the official capacity to handle or punish it (him). If it has no such official capacity, it shall
transfer the case to the competent organ.

Article 26

The complaint filed by a complainant who is under any of the circumstances set forth below shall be a false or malicious one. The
financial department shall dismiss its (his) complaint and list it (him) in the records of misconducts, and give it (him) a punishment
in accordance with the law:

(1)

It (he) has filed 3 or more complaints, but investigation reveals no evidence;

(2)

Fabricating stories or presenting false complaint materials.

Article 27

Where the illegal act of the party against whom a complaint is filed inflicts any loss to others, it (he) shall bear the civil liabilities
in pursuance of the civil law.

Article 28

While in the process of handling a complaint, if any of the functionaries of a financial department abuses his official capacity,
neglects his duties or engages in malpractices for selfish ends, he shall be given an administrative sanction; if any crime is constituted,
he shall be prosecuted for the criminal responsibility in pursuance with the law.

Chapter IV Supplementary Provisions

Article 29

No financial department may collect fees from a complainant and the party against whom a complaint is filed for handling a complaint.
But as for the authentication expense in connection with the process of handling the complaint, it shall be borne by the party in
the wrong in light of the principle ?C “The one who is in the wrong shall make payment”; if both parties are in the wrong, it shall
be jointly and reasonably borne by both of them.

Article 30

The financial departments shall set up a file management system for the complaints handling archives and shall consciously accept
the supervision and inspection carried out by the departments concerned in accordance with the law.

Article 31

The financial departments and the persons in the know shall have an obligation to keep the business secret and personal privacy that
they get to know during the process of handling the complaints.

Article 32

The present Measures shall enter into force as of September 11, 2004.



 
Ministry of Finance
2004-08-11

 







DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON AMENDING THE SEED LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.26

The Decision of the Standing Committee of the National People’s Congress on Amending the Seed Law of the People’s Republic of China,
which was adopted 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, is hereby promulgated, and shall be implemented as of the date of its promulgation.

Hu Jintao, President of the People’s Republic of China

August 28th, 2004

Decision of the Standing Committee of the National People’s Congress on Amending the Seed Law of the People’s Republic of China

1.

Paragraph 2 of Article 17 shall be amended as: “Tree species that fail the examination and/or fail to receive 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.”

2.

Article 33 shall be amended as: “No one may 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.”

The present Decision shall be implemented as of the date of its promulgation.

The Seed Law of the People’s Republic of China shall be re-promulgated after being amended in accordance with the present Decision.



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

 







THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PROTECTION OF WILD ANIMALS

Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No. 24

The Decision of the Standing Committee of the National People’s Congress about Amending the Law of the People’s Republic of China
on the Protection of Wild Animals was adopted 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. It is hereby promulgated and shall be implemented as of the date of promulgation.

Hu Jingtao, President of the People’s Republic of China

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Law of the People’s Republic of China
on the Protection of Wild Animals

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Law of the People’s Republic of China on the Protection of Wild Animals as follows:

Paragraph 2 of Article 26 shall be amended as “The establishment of a hunting area open for foreigners shall be reported to the administrative
department of wild animals of the State Council for archival purposes.”

This Decision shall be implemented as of the date of promulgation.

The Law of the People’s Republic of China on the Protection of Wild Animals shall be re-promulgated after it has been amended in accordance
with this Decision.



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

 







NOTICE OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON THE PRINTING AND DISTRIBUTION OF THE PROVISION ON SEVERAL ISSUES CONCERNING EXTENDING VALUE-ADDED TAX CREDIT SCOPE IN NORTHEAST REGION

The Ministry of Finance, The State Administration of Taxation

Notice of the Ministry of Finance and the State Administration of Taxation on the Printing and Distribution of the Provision on Several
Issues concerning Extending Value-added Tax Credit Scope in Northeast Region

Cai Shui [2004] No. 156

Departments (bureau) of finance and State Administration of Taxation of Liaoning province, Jilin province and Heilongjiang province
and Dalian city:

In accordance with the spirit of Several Opinions on Carrying out the Strategy of Revitalizing Traditional Industrial Bases in Northeast
Region issued by the Central Committee of the Communist Party of China and the State Council (Zhong Fa [2003] No. 11), and with the
approval by the State Council, the Ministry of Finance and the State Administration of Taxation formulate the Provision on Several
Issues concerning Extending Value-added Tax (hereafter referred to as VAT) Credit Scope in Northeast Region (hereafter referred to
as the Provision), we hereby print and distribute it to you, please abide by it.

In case that normal VAT-payers, engaged in manufacturing of military and hi-tech products, which are beyond the scope listed in the
Provision on the industries of equipment-manufacturing, petrochemistry, metallurgy, ship-building, automobile-manufacturing, agro-product
processing, intends to claim the tax credit prescribed in the Provision, concrete conditions applicable to military and hi-tech products
shall be forwarded by the Provincial finance and taxation authorities, then they shall be submitted to the Ministry of Finance and
the State Administration of Taxation to be examined and to be formulated separately.

Selecting several industries in Northeast region to extend VAT credit scope as a trial is an important measure of the Central Government
to revitalize Northeast traditional industrial bases, it also can accumulate experience for the future VAT reform to be conducted
nationwide. Departments in the concerned region shall enhance the management and coordinate the implementation seriously; the Ministry
of Finance and the State Administration of Taxation shall be informed of the possible problems emerging from the implementation process.

Annex: the Provision on Several Issues concerning Extending Value-added Tax Credit Scope in Northeast Region

The Ministry of Finance

The State Administration of Taxation

September 14, 2004 Annex:The Provision on Several Issues concerning Extending Value-added Tax Credit Scope in Northeast Region

I.

This Provision is formulated in accordance with the Several Opinions on Carrying out the Strategy of Revitalizing Traditional Industrial
Bases in Northeast and other Regions (Zhong Fa [2003] No.11) issued by the Central Committee of the Communist Party of China and
the State Council.

II.

This Provision is applicable to the normal VAT payers (hereafter referred to as the Tax-payers) mainly engaged in the industries of
equipment manufacturing, petrochemistry, metallurgy, ship-building, automobile manufacturing and agro-product processing.

The aforesaid “mainly” refers to that the Tax-payers’ sales amount in the industries of equipment manufacturing, petrochemistry, metallurgy,
ship-building, automobile manufacturing and agro-product processing shall exceed 50% (including 50%) of their whole sales amount.

Please refer to the annex for the concrete scope of industries where this Provision is applicable.

III.

The VAT credit shall be applied according to the Provisions in Article V when the Taxpayers’ liability of input tax arises as follows:

1.

Purchasing fixed assets (including the reception of donation and investment in kind, the same hereinafter);

2.

Goods purchasing and taxable labors used for self-making fixed assets (including alteration and extension and installing, the same
hereinafter);

3.

The fixed assets obtained in the way of financial leasing, where the leaser has paid the VAT in accordance with Notice of the State
Administration of Taxation on Levying Circulation Tax upon the Financial Leasing Business (Guo Shui Han [2000] No. 514); or

4.

The transport charges paid for the fixed assets.

The input tax mentioned in this Article refers to such one as arises as of July 1, 2004 and obtains such tax deduction warrants as
the special VAT invoice, the transport invoice and the special payment book of customs import VAT issued after July 1, 2004 (included).

IV.

The fixed assets mentioned in this Provision refer to the ones prescribed in the Article 19 of the Rules for the Implementation of
the Provisional Regulations of the People’s Republic of China on VAT. The outsourcing and self-made fixed assets shall be beyond
the credit scope in this Provision.

V.

The tax-payer’s input tax amount granted credit in accordance with the aforesaid Article III shall not exceed the increased VAT amount
in the year concerned; where there is no increased VAT amount or inadequate increased VAT amount to be credited against in the year
concerned, such input tax as has not been credited remains to the next year; where the tax-payer fails to pay the VAT, the tax owed
shall first be deducted.

The increased VAT amount mentioned in this article refers to exceeded part of the payable VAT in the year concerned against the one
in the year of 2003.

The method, characterized by periodical calculation of the increased VAT, monthly crediting and year-end clearance, shall be adopted
in the process of operation in order to guarantee the balance of the crediting in the year concerned.

VI.

Where the present enterprises undergo merging, dividing, restructuring, reorganizing, extending, moving, changing of business, absorbing
new blood, changing of leading (or affiliation) relations and changing of their names, the increased VAT amount shall be calculated
on the basis of the payable VAT of the enterprises concerned in the year of 2003.

VII.

The input tax amount shall not be credited in accordance with the Provisions in Article V, when these situations below arise during
the tax-payer purchases the fixed assets:

1.

The fixed assets are exclusively used in non-taxable projects (the projects under construction mentioned in this Provision are not
included, the same hereinafter);

2.

The fixed assets are exclusively used in tax-exempt projects;

3.

The fixed assets are exclusively used in collective welfare or individual consumption;

4.

The fixed assets are the excisable automobiles or motor-bicycles; or

5.

The fixed assets are offered for use to such institutions as is beyond the scope prescribed in this Provision.

Where the aforesaid situations occur to such fixed assets as has already been credited or entered into the input tax to be credited,
the tax-payer shall calculate the uncreditable input tax in accordance with the formula below:

Uncreditable input tax=Net worth of the fixed assets ￿￿Applicable tax rate

With regard to the uncreditable input tax, the excess of the input tax to be credited may first be deduced, if there is no excess,
it shall be transferred from the input tax of the current period.

VIII.

The tax-payer’s activities listed below shall be regarded as selling of goods:

1.

exclusively using the self-made or consigned processing fixed assets in non-taxable projects;

2.

exclusively using the self-made or consigned processing fixed assets in tax-exempt projects;

3.

offering the self-made, consigned processing or purchased fixed assets to other institutions or self-employed individuals as investment;

4.

allocating the self-made, consigned processing or purchased fixed assets to shareholders or investors;

5.

exclusively using the self-made or consigned processing fixed assets in collective welfare or individual consumption; or

6.

gratuitously donating the self-made, consigned processing or purchased fixed assets to others.

Where these acts of the tax-payer exist but fails to be realized, the net worth of selling fixed assets shall be regarded as sales
amount.

IX.

Where the tax-payer sells his/her used fixed assets, his/her gained sales income shall be taxed in accordance with the applicable
tax rate, and the input tax of the fixed assets shall be credited in accordance with the methods listed below:

1.

Where the input tax of the fixed assets concerned is entered into the fixed assets input tax to be credited, the output tax of the
fixed assets shall be increased while the excess of the fixed assets input tax shall be decreased in the size and be transferred
into the input tax for being credited; where the excess of the fixed assets input tax to be credited is less than the fixed assets
output tax, it may be wholly transferred into the input tax of the current period for being credited.

2.

Where the fixed assets concerned fails to be credited or to be entered into input tax to be credited, the creditable input tax shall
be calculated in accordance with the formula listed below:

Creditable input tax of used fixed assets=Net worth of fixed assets ￿￿Applicable tax rate

The creditable input tax of used fixed assets may directly be entered into the VAT input tax of the current period.

X.

The tax reimbursement in purchasing home equipment within the total amount of investment does not any more apply to the enterprises
with foreign investment incorporated into the scope prescribed in this Provision.

XI.

The Ministry of Finance and the State Administration of Taxation are responsible for the interpretation of this Provision.

XII.

This Provision shall enter into force as of July 1, 2004. The concrete implementation measures of this Provision and the transitional
measures for the year of 2004 shall be formulated and enacted separately.

Annex:

The Concrete Scope of Industries Applicable to the Extension of VAT Credit

I.

The equipment-manufacturing industry: including the industries of general-purpose equipment manufacturing, special-purpose equipment
manufacturing, electric machinery and apparatus manufacturing, instrument and meter and cultural office supplies manufacturing, communication
equipment manufacturing, computer and other electronic equipment manufacturing, aerospace vehicle manufacturing, railway transportation
equipment manufacturing and trafficking equipment and other transport and communication facilities manufacturing.

II.

The petrochemical industry: including the industries of petrol-processing, coking and nuclear fuel processing, chemical materials
and chemical product manufacturing, chemical fiber manufacturing, pharmaceutical manufacturing, rubber product manufacturing and
plastic product manufacturing. The coke-processing industry is not included.

III.

The metallurgical industry: including the industries of the smelting and calendering of ferrous metal, the smelting and calendering
of nonferrous metal. The electrolytic aluminum manufacturing enterprises and the steel manufacturing enterprises having an annual
output of less than 2 million tons of plain steel, or less than 500 thousand tons of special steel, or less than 100 thousand tons
of ferroalloy are included.

IV.

The ship-building industry: including the industry of ship and floating equipment manufacturing.

V.

The automobile-manufacturing industry: including the industry of automobile manufacturing.

VI.

The agro-product processing industry: including the industries of agro-product and non-staple foodstuff processing, foodstuff manufacturing,
beverage manufacturing, textile manufacturing, costume, shoes and caps manufacturing, leather, fur and feather (velvet) and their
products manufacturing, lump processing and timber-, bamboo-, vine, palm and grass products manufacturing, furniture manufacturing,
paper-making and paper product manufacturing, handicraft articles manufacturing, etc.

For the detail description of the aforesaid industries, please refer to the National Economic Industrial Classification (GB/T4754￿D2002)
under the National Standards of the People’s Republic of China.



 
The Ministry of Finance, The State Administration of Taxation
2004-09-14

 







INTERIM PROVISIONS ON ADMINISTERING INSURANCE STATISTICS

Decree of the Chairman of the China Insurance Regulatory Commission

No.11

The Interim Provisions on Administering Insurance Statistics have been deliberated and adopted at the executive meeting of the chairpersons
of the China Insurance Regulatory Commission on September 27, 2004. They are hereby promulgated, and shall go into effect as of November
1, 2004.
Chairman Wu Dingfu

September 29, 2004

Interim Provisions on Administering Insurance Statistics
Chapter I General Provisions

Article 1

In order to strengthen administration on insurance statistics and make sure the authenticity, completeness, accuracy and timeliness
of insurance statistical information, these Provisions are constituted under the Statistics Law of the People’s Republic of China,
the Insurance Law of the People’s Republic of China, the Detailed Rules for the Implementation of the Statistics Law of the People’s
Republic of China and other related laws, administrative regulations.

Article 2

The term “insurance statistics” mentioned in these Provisions means the activities as follows:

1.

The China Insurance Regulatory Commission (hereinafter referred to as the CIRC) and its dispatched institutions shall investigate,
collect, sort-out, analyze the materials reflecting the business conditions of insurance organizations, provide statistical information
and statistics consulting opinions, and supervise and administer insurance statistics; and

2.

The insurance organizations shall investigate, collect, sort-out, and analyze the materials reflecting the business conditions of
their own organizations, provide statistical information and statistics consulting opinions, and administer insurance statistical
work of their own organizations.

Article 3

The term “statistical information” mentioned in these Provisions means the related reports, statements, documents and materials reflecting
the business conditions of an insurance organization, reported to the CIRC and its dispatched institutions by the insurance organization
under law, consisting of statistical data reflecting the finance and business status, analysis related to business conditions, and
other statistical materials as prescribed by the CIRC.

Article 4

The basic task of the CIRC and its dispatched institutions in statistical work shall be: to gather, audit, collect, analyze and publicize
statistical information of insurance organizations, to carry out prediction on statistics, and provide reference and basis for the
decision-making on carrying out insurance supervision and enhancing the healthy development of the insurance industry.

The basic tasks of an insurance organization in statistical work shall be: to complete various insurance statistical work, carry out
statistical analysis and prediction, and report related insurance statistical information in a truthful, complete, accurate and timely
way.

Article 5

The insurance statistical work shall comply with the principle of objectiveness, science, unification and timeliness.

Article 6

The administrative structure under unified leadership with each level assuming taking charge of its own work shall be carried out
for insurance statistical work.

The CIRC shall take charge of supervising and managing the national insurance statistical work, managing the statistical information
of national insurance industry; upon the authorization of the CIRC, the dispatched institutions of the CIRC shall take charge of
supervising and administering the related insurance statistical work within their own jurisdictions, and administer the statistical
information of the insurance industry within their jurisdictions.

The insurance statistical work of its own organization shall be taken charge of by an insurance organization.

Article 7

All statistics organizations or statisticians shall have the duty to keep confidential on the state secrets it/he knows of in the
insurance statistical work and the business secrets of the objects of statistics investigation.

Article 8

The “insurance organizations” as mentioned in these Provisions means the commercial insurance companies and their branches set up
upon the approval of the CIRC and its dispatched institutions and registered under law.

Chapter II Statistics Organizations and Statisticians

Article 9

The CIRC shall carry out the functions of statistical work as follows:

1.

To draft out insurance statistics bylaws and statistical standards, to set up and perfect insurance statistics index system; and

2.

To take charge of the design, development, maintenance, management and upgrading of the statistical information system of the CIRC.

Article 10

The CIRC and its dispatched institutions shall carry out the functions of statistical work as follows:

1.

To organize, coordinate and administer the statistical work of insurance organizations, and to constitute and carry out plans for
statistical work of insurance organizations;

2.

To gather, audit, collect and analyze insurance statistical information, compile statistics analysis report, and publicize the related
insurance statistical information;

3.

To administer insurance statistical information, set up and maintain statistical information database of insurance industry;

4.

To organize and carry out statistical survey and statistical supervision over and inspection on insurance industry; and

5.

To organize vocational training on insurance statisticians.

Article 11

An insurance organization shall set up or designate a functional department to take charge of statistical work, set up a statistics
post, and equip with related statisticians.

Article 12

An insurance organization shall carry out the functions of statistical work as follows under law:

1.

To manage the insurance statistical work of its own organization;

2.

To constitute the insurance statistics bylaws of its own organization;

3.

To gather, collect, compile, and administer the insurance statistical information of its own organization, and report statistical
information under law to the CIRC and its dispatched institutions as well as other related organizations;

4.

To complete the statistical survey tasks deployed by the CIRC and its dispatched institutions, and carry out statistical surveys,
analyses as well as predictions inside the insurance organization;

5.

To enforce construction on statistical information automatic system, and to set up and perfect statistical information management
system;

6.

To organize the implementation of statistics laws and regulations and statistics quality inspection; and

7.

To organize vocational training on insurance statisticians.

Article 13

The staffing of statisticians shall meet the requirements as follows:

1.

The statisticians shall stick to the principle of seeking truth from facts, scrupulously comply with professional ethics, and be qualified
with the professional knowledge needed to complete statistical work;

2.

The quantity of the statisticians shall be proper for the statistical work; and

3.

The statisticians shall be relatively stable.

Chapter III Collection and Report of Statistical information

Article 14

The insurance statistical information may take the form of questionnaire and may be gathered and reported through network system,
fax, and other ways.

Article 15

The insurance statistics year shall be the year of the Gregorian calendar, that is, starting from zero’s clock of January 1 of each
year till the 24 o’clock of December 31 of the current year.

Article 16

The frequency for an insurance organization to report statistical information to the CIRC and its dispatched institutions shall be:
monthly special report, monthly report, quarterly report, semi-annual report, annual report and irregular report.

The frequency for reporting the insurance statistical information may be changed by the CIRC according to the need of supervision.

Article 17

The time for reporting insurance statistical information shall be: a monthly special report shall be made within the first two workdays
of the next month; a monthly report shall be made within the first 10 days of the next month; a quarterly report, semi-annual report
or annual report shall be made within the first 12 days of the next quarter, the second half of the year and the next year. An irregular
report shall be handed in under the provisions of the CIRC.

The time for reporting the aforesaid monthly report, quarterly report, semi-annual report and annual report may be postponed for 3
days if the report date meets May 1st, October 1st, or the holidays in Spring Festival.

The time for reporting the statistical information may be changed by the CIRC according to the need of supervision.

Chapter IV Statistical Survey and Statistical Analysis

Article 18

The CIRC and its dispatched institutions may make statistical surveys on any insurance organization according to needs. The main
contents of a statistical survey shall consist of the business operation status of an insurance organization, financial status and
the staffing of personnel of an organization.

Article 19

Insurance market and the conditions for macro-economic development shall be periodically analyzed and researched, and such conditions
as its influence on the development of insurance industry shall be investigated and researched by the CIRC and its dispatched institutions.

The insurance business conditions of its own organization shall be analyzed by an insurance organization periodically.

Chapter V Publicity of Statistical information

Article 20

Statistical information on insurance industry nationwide shall be periodically publicized by the CIRC through the website of the
CIRC.

Statistical information on insurance industry within their own jurisdictions shall be publicized periodically by the dispatched institutions
of the CIRC under the related provisions of the CIRC.

Article 21

The statistical information on insurance industry publicized by the dispatched institutions of the CIRC shall exclude the contents
as follows:

1.

Insurance statistical information not publicized outside their own jurisdictions; or

2.

The conclusion concerning the comparison with and analysis on the preceding insurance statistical information.

Article 22

The related statistical information shall be publicized by an insurance organization under law.

The statistical information publicized by any insurance organization shall not be harmful to the lawful rights and interests of any
other entity or individual.

Article 23

The insurance statistical information on state secrets shall not be opened by any entity or individual without permission or approval.

The publicity and management of insurance statistical information involving state secrets shall be carried out under the related laws,
administrative regulations and other provisions on keeping secrets.

Chapter VI Statistical Supervision and Management

Article 24

The statistical information shall be reported by an insurance organization in a truthful, complete and accurate way under the provisions
of the CIRC and its dispatched institutions.

Article 25

No insurance organization may delay, omit, hide, falsify, refuse to report, forge or juggle any statistical information, and the
statistical information reported shall not be misleading.

Article 26

An insurance organization shall take measures to make sure the consistency of statistical information.

Article 27

The CIRC and its dispatched institutions shall make inquiry to any data if discovering any question when auditing statistical information.

Article 28

If there is any mistake in the statistical information reported by any insurance organization, the CIRC or its dispatched institutions
shall have the right to order the insurance organization to make correction on it and make written statements.

Article 29

No person in charge of any insurance organization may revise violating regulations any statistical information provided by any statistics
organization or statistician under the related provisions, or order by force or incite any statistics organization or statistician
to juggle or compile false statistical information; if he discovers any mistake in the computation of any statistical information
or sources of data, he shall point it out, and the statistics organization shall verify and make correction on it under the related
provisions.

Article 30

A person in charge of the organization shall be designated respectively by the organization with legal person status of any insurance
organization and its branches as the person in charge for insurance statistics.

An internal functional department shall be designated respectively by the organization with legal person status of any insurance organization
and its branches as the statistics contact department, whose major person-in-charge shall be the contact person for insurance statistics.

The specific scope of the branches in the preceding two paragraphs shall be prescribed by the dispatched institutions of the CIRC
according to the reality of their own jurisdictions.

Article 31

An insurance organization shall give a report to the CIRC or its dispatched institutions within 10 workdays after designating or
altering the person in charge for insurance statistics and contact person for insurance statistics.

Article 32

The legal representative or the main person in charge of the branches shall audit and confirm the statistical information submitted
by an insurance organization.

Article 33

The CIRC and its dispatched institutions shall set up system of circulating a notice of report on submission of insurance statistical
information to make examination on the conditions concerning the time for the late report of statistical information or revision
of the statistical information reported by any insurance organization and the quality of statistical information data, and publicize
the examination result periodically.

Article 34

The CIRC and its dispatched institutions shall taking charge of making statistical supervision and inspection on insurance organizations.
The contents of statistical supervision and inspection shall mainly consist of the implementation of the statistical system of insurance
organizations, setup of statistics posts, staffing of statisticians and the quality of statistical information, etc.

Insurance organizations shall accept the statistical supervision and inspection carried out by the CIRC and its dispatched institutions.

Article 35

An insurance organization shall examine and summarize the statistical work of its own organization periodically and make correction
in time if discovered any problem.

Chapter VII Rewards and Penalties

Article 36

The CIRC shall make appraisal through comparison on the insurance statistical work of its own department, and give commendation,
record a merit, record a great merit, promotion, upgrade, or grant a honorable post_title respectively to any insurance statistician or
collective that has any of the performances as follows, and may give certain award:

1.

Having made outstanding contributions to the reform and perfection of insurance statistical system, statistical methods and other
aspects;

2.

Having made prominent achievements in completing insurance statistics survey tasks and making sure the accuracy and timeliness of
statistical materials;

3.

Having made certain innovation and obtained important achievements in making insurance statistical analysis, prediction and supervision;

4.

Having obtained obvious effects in applying and popularizing modern information technology to make insurance statistics;

5.

Having made important contributions to improving insurance statistics education and statistical vocational training, making scientific
research of statistics, and improving scientific level of statistics, etc;

6.

Having made outstanding performance in being true to the fact, dealing with affairs under law, and struggling against the violations
of the statistics laws and regulations and statistical systems; or

7.

Having merit in disclosing or reporting insurance statistics illegal acts.

The aforesaid provisions shall be referred to for the appraisal by analogy by any insurance organization on insurance statistical
work of its own organization.

Article 37

The CIRC or its dispatched institutions may have a supervision talk with any insurance organization violating these Provisions and
having any of the acts as prescribed in Article 38 or 39.

Article 38

If violating these Provisions and having any of the acts as follows, any insurance organization shall be given warnings and ordered
to make correction; if it does not make correction exceeding the time limit, it shall be fined more than RMB 10,000 Yuan and less
than RMB 100,000 Yuan:

1.

To fail to report the related statistical information in accordance with the prescribed time;

2.

With major omissions on the statistical information; or

3.

With misrepresentations on the statistical information.

Article 39

If violating these Provisions and having any of the acts as follows, any insurance organization shall be given warnings, ordered
to make correction, and fined more than RMB 10,000 Yuan and less than RMB 50,000 Yuan; if the situations are serious, it shall be
restricted the business scope and be ordered to stop accepting new business or revoked license for operating insurance business:

1.

To provide false statistical information; or

2.

To refuse or obstruct the inspection and supervision implemented under law.

Article 40

If any of the statisticians of the CIRC and its dispatched institutions has any of the acts as follows, his entity or the upper level
entity shall give him such disciplinary punishments as warnings, severe warnings, a demerit for the record, a special demerit for
the record, or degradation:

1.

To falsely report, forge or juggle insurance statistical information; or

2.

To publicize insurance statistical information by himself exceeding power violating the secrecy clauses of these Provisions, which
causes serious consequences.

Chapter VIII Supplementary Provisions

Article 41

The insurance statistical work of the organizations as follows shall be governed by the provisions of laws, regulations or the provisions
of the CIRC, if any; if there are no provisions on laws, administrative regulations or the CIRC, the insurance statistical work of
the organizations as follows shall be governed by these Provisions:

1.

Insurance intermediary organizations;

2.

Insurance group companies;

3.

Insurance shareholding companies;

4.

Policy-oriented insurance companies; and

5.

Insurance assets management companies.

Article 42

The insurance statistical work of any branch of any foreign insurance company shall be governed by the provisions of these Provisions
on the work of insurance statistics of the organization of the insurance company with legal person status.

Article 43

Under these Provisions, detailed implementation rules may be constituted by the dispatched institutions of the CIRC.

Article 44

The CIRC has the power to make interpretation on these Provisions.

Article 45

These Provisions shall go into effect as of November 1, 2004. The Interim Measures for the Administration of Insurance Regulatory
Statements promulgated on February 23rd, 1999 by the CIRC shall be abolished concurrently.



 
Chairman of the China Insurance Regulatory Commission
2004-09-29

 







CIRCULAR OF THE STATE ADMINISTRATION OF RADIO, FILM AND TELEVISION ON STRENGTHENING THE ADMINISTRATION OF BROADCASTING TRANSLATED OVERSEAS RADIO AND TELEVISION PROGRAMS

State Administration of Radio, Film and Television

Circular of the State Administration of Radio, Film and Television on Strengthening the Administration of Broadcasting Translated
Overseas Radio and Television Programs

October 13, 2004

The radio, film and television bureaus (departments) of various provinces, autonomous regions and municipalities directly under the
Central Government, the Radio, Film and Television Bureau of Xinjiang Production and Construction Group, China National Radio, China
Radio International, China Central Television and China Education Television:

Recently, some radio and television broadcasting organizations have broadcasted some overseas radio and television programs that are
translated into regional dialects, which violated the important task and mission of popularizing Mandarin in radio and television
industry. With a view to further strengthening the administration of broadcasting translated overseas radio, film or television programs
and according to the spirit of “A radio station or a television station shall use standard spoken and written Chinese language, and
popularize the Mandarin that is commonly used throughout the whole nation” as set forth in the Regulations on the Administration
of Radio and Television, the related matters are hereby notified as follows:

1.

Administrative departments and broadcasting organizations of radio and television at different levels must attach vital importance
to the administration of broadcasting translated radio and television programs, bear in mind the important task and mission of popularizing
Mandarin in the said industry, implant the consciousnesses on politics, overall situation and responsibility, grasp the correct guidance
steadfastly and make earnest efforts to do well in broadcasting translated overseas radio, film and television programs.

2.

No broadcasting organizations of radio and television at various levels shall be allowed to broadcast overseas radio and television
programs that are translated into regional dialects. Overseas radio and television programs translated into regional dialects must
have their broadcasting ceased for proper handling.

3.

Radio, film and television bureaus (departments) of various provinces and districts (municipalities) shall earnestly exercise their
functions of control, promptly carry out a comprehensive inspection on the overseas radio and television programs that are translated
into regional dialects and broadcasted by their subordinated broadcasting organizations and put things in order thoroughly thereafter,
conduct strict control according to the aforesaid spirit, earnestly perform the important task and mission of popularizing Mandarin
in radio and television industry and create an excellent language environment for the healthy growth of the overwhelming majority
of minors.



 
State Administration of Radio, Film and Television
2004-10-13

 







ANNOUNCEMENT OF MINISTRY OF COMMERCE, GENERAL ADMINISTRATION OF CUSTOMS AND STATE ENVIRONMENTAL PROTECTION ADMINISTRATION

the Ministry of Commerce, the General Administration of Customs, the State Environmental Protection Administration

Announcement of Ministry of Commerce, General Administration of Customs and State Environmental Protection Administration

[2004] No. 55

In accordance with the Foreign Trade Law of the People’s Republic of China, the Custom Law of the People’s Republic of China, the
Law of Air Pollution Prevention and Control of the People’s Republic of China as well as other requirements related to the state
industrial policy, the prohibited commodities catalogue of processing trade are now adjusted and promulgated (see Appendix1). At
the same time some of the documents related to prohibited commodities of processing trade promulgated before shall be abolished (see
Appendix2).

This Announcement shall enter into force as of November 1, 2004. For those processing trade business which has been examined and approved
by commercial department (foreign trade and economy cooperation department), been put on record with the Customs and is related to
this catalogue’s adjustment and updating, it is permitted to complete the execution during the period of validity. However, the processing
trade handbook shall not be prolonged over the expiring date. Those commodities shall not be sold within the territory.

Henceforth the catalogue and the tax number of the prohibited commodities of processing trade shall be adjusted and updated annually
in line with the development of the national economy as well as the requirement of the industrial policy. If any department concerned
encounters any problem or has any suggestion during the execution, please put forward in time.

It is hereby notified.

Appendix: as is presented

Ministry of Commerce

General Administration of Customs

State Environmental Protection Administration

October 27, 2004 Appendix 1:Prohibited Commodities of Processing Trade

I.

Commodity prohibited from import of export by the state

1.

Announcement No.19, 2001 by the Ministry of Foreign Trade and Economic Cooperation of People’s Republic of China (the first batch
of commodities prohibited from import and the first batch of commodities prohibited from export prohibited from export);

2.

Announcement No.37, 2001 by the Ministry of Foreign Trade and Economic Cooperation , The Customs General Administration and the State
Administration for Quality Supervision , Inspection and Quarantine of People’s Republic of China (the second batch of commodities
prohibited from import );

3.

Announcement No.36, 2001 by the Ministry of Foreign Trade and Economic Cooperation , the General Administration of Customs, and the
State Administration for Environment Protection of People’s Republic of China(the third batch of commodities prohibited from import);

4.

Announcement No.25, 2002 by the Ministry of Foreign Trade and Economic Cooperation , the General Administration of Customs, and the
State Administration for Environment Protection of People’s Republic of China (the forth and fifth batch of commodities prohibited
from import, excluding sugar cane, molasses (17031000) and other molasses (17039000) having been adjusted to be restricted from import
in the forth batch);

5.

Announcement No. 40, 2004 by the Ministry of Commerce, the General Administration of Customs, and the Ministry of Forestry of People’s
Republic of China (the second batch of commodities prohibited from export);

6.

import materials which fall within commodities prohibited from import into China (including old clothes, disused publications with
obscene contents and industrial waste with injurant or radioactive substances etc. ).

II.

Commodity of processing trade prohibited from import or export

1.

seeds, seedling, breeder, chemical fertilizer, feedstuff, additive and antibiotic etc. imported for planting or raising export products

2.

frozen tip of chicken wing, chicken claws, chicken liver and other chicken sweetbread (import commodity code: 02071429)

3.

waste machinery and electronic products and scrap materials(see the list below) htm/e03716.htmSerial No

￿￿

Serial No.

Import Commodity Codes

Commodity Description

Note

1

26190000

Slag, scruff, oxygenized tegument and other boiled waste material

in making iron and steel (excluding granulated slag )

2

72044900.10

iron and steel casting die of abandoned cars

￿￿

72044900.20

waste hardware and electric appliance based on recycling iron and steel

￿￿

3

74012000

cement copper

￿￿

4

74040000.10

waste electric machines based on reclaiming copper etc.

including waste electrical machines, electrical wire, cable and hardware and electric appliance

5

76020000.10

waste electrical wire based on reclaiming aluminum

including waste electrical wire, cable and hardware and electric appliance

6

89080000

watercraft for dismounting and other floating construction

￿￿

7

26209990.10

calx and residue with over 10% of vanadium pentoxide

￿￿

￿￿￿￿4. Used electromechanical products (see the following table) (excluding the expansion of the maintenance and reopening in export processing
zone and tax-protected zone)






Serial No.

Import Commodity Codes

Commodity Description

Notes

1

84151010-84150909

air condition

￿￿

2

841780202

radioactive waste incinerator

￿￿

3

84181010-84189999

electric or non-electric refrigerator and other refrigeration equipments

￿￿

4

84711000-84715090

computer-like devices

￿￿

5

84716011

display

￿￿

84716012

 

 

84716019

 

 

6

84716031-84716039

MEASURES FOR THE ADMINISTRATION OF AUTOMATIC IMPORT LICENSE OF GOODS

the Ministry of Commerce, the General Administration of Customs

Order of the Ministry of Commerce and the General Administration of Customs

No. 26

The Measures for the Administration of Automatic Import License of Goods, which were adopted at the 17th executive meeting of the
Ministry of Commerce on December 9, 2004, are hereby promulgated and shall go into effect as of January 1, 2005.

the Minister of the Ministry of Commerce Bo Xilai

the Director of the General Administration of Customs Mu Xinsheng

December 10, 2004

Measures for the Administration of Automatic Import License of Goods

Article 1

With a view to effectively supervising the import of some goods and regulating the administration of automatic import license of goods,
the present Measures are formulated according to the relevant provisions of the Foreign Trade Law of the People’s Republic of China
and the Ordinance of the People’s Republic of China on the Administration of Import and Export of Goods.

Article 2

The present Measures shall apply to the import of goods as stipulated in the Catalogue of Goods Subject to the Automatic Import License
Administration into the territory of the People’s Republic of China by the foreign trade operators that undertake the import of goods
and other entities.

Article 3

The Ministry of Commerce of the People’s Republic of China (hereinafter referred to as the Ministry of Commerce) shall, on the basis
of the needs on supervising the import of goods, administer the automatic import license to the import of some goods and promulgate
the catalogue at least 21 days before the execution. The present Catalogue of Goods Subject to the Automatic Import License Administration
is attached behind (see Attachment I).

Article 4

The catalogue of goods subject to the automatic import license administration, including the names and customs commodity codes of
specific goods, shall be determined and adjusted by the Ministry of Commerce together with the General Administration of Customs
and other relevant departments. This catalogue shall be promulgated by the Ministry of Commerce in the form of public announcement.

Article 5

The administration on automatic import license and the issuance of Automatic Import Licenses shall be undertaken by the Quota License
Affairs Offices, the local special commissioner’s offices under the Ministry of Commerce, the competent departments of commerce (foreign
trade and economic cooperation) of all provinces, autonomous regions, municipalities directly under the Central Government and cities
specifically designated in the state plan as well as the departmental and local organs of the import and export of mechanical and
electrical products (hereinafter referred to as the license issuing organs) upon authorization by the Ministry of Commerce. The Name
List of Graded License Issuing Organs of Automatic Import Licenses is attached behind (see Attachment II).

Article 6

The Automatic Import Licenses (see Attachment III for the sample form) and the special seals for the automatic import licenses (see
Attachment IV for the sample seal) shall be uniformly supervised and issued to the license issuing organs by the Ministry of Commerce.
And every license issuing organ shall appoint a special person to keep the licenses and the seals and use them for special purposes.

Article 7

A consignee (including the importer and the import user) shall, when importing goods subject to the automatic import license administration,
submit an application for automatic import license to the local or corresponding license issuing organ and obtain an Automatic Import
License before it makes customs declaration.

A consignee, who applies for importing goods subject to the bid-invitation procurement, shall invite public bidding according to law.

The customs shall go through the inspection and release formalities upon the strength of Automatic Import Licenses affixed with the
special seals for automatic import licensing. The bank shall go through the formalities of selling and paying foreign exchanges
upon the strength of Automatic Import Licenses.

Article 8

When applying for an automatic import license, a consignee shall submit the following materials:

(1)

a qualification certificate for the consignee to engage in the import and export of goods, archival filing and registration documents
or the approval certificate in the case of a foreign-invested enterprise (the said certificates and documents shall be submitted
only by an applicant for its first application during a Gregorian calendar year);

(2)

an application form for the automatic import license (see Attachment V for the sample form);

(3)

a contract on the import of goods;

(4)

an (original) agreement on the import by an agency if the import is carried out by an agency;

(5)

materials proving that the uses of imported goods or the final users conform to the state provisions if there are special provisions
thereon;

(6)

materials as listed in the Catalogue to be submitted for various goods; and

(7)

other necessary materials to be submitted as prescribed by the Ministry of Commerce.

A consignee shall be responsible for the authenticity of the submitted materials and ensure that its relevant operations accord with
the state laws.

Article 9

The consignee may file an application for the Automatic Import License directly to the license issuing organ in written form or via
the internet.

In the case of an application in written form, the consignee can obtain an Application Form for Automatic Import License (it can be
photocopied) and other relevant materials from the license issuing organ or download them through related websites, faithfully fill
in and submit them to the license issuing organ by way of sending, posting or any other proper means and together with other materials
as provided for in this Measures.

In the case of an application via the internet, the consignee shall firstly apply to the license issuing organ for an electronic key
for identifying the enterprise identification. For the said application, the consignee shall log in a relevant website, enter into
a relevant application system and faithfully fill in an Application Form for Automatic Import License and other materials online
according to the requirements, and submit the relevant materials as provided for in this Measures to the license issuing organ.

Article 10

For any application for license with correct contents and a complete form, the license issuing organ shall, within 10 working days
after the receipt of such an application, issue an Automatic Import License.

Article 11

Any consignee, who conforms to the requirements in laws and regulations of the state on engaging in the import of goods subject to
the automatic import license, may apply for and acquire an Automatic Import License.

Article 12

Whoever imports goods subject to the automatic import licensing in the following manners does not need to obtain an Automatic Import
License:

(1)

the import of goods under the processing trade for re-export (with the exception of the crude oil and finished oil);

(2)

the import of goods within the investment amount by a foreign-invested enterprise for the investment or for its self-use;

(3)

the import of sample goods for advertisement and products for experiment, with each batch being not more than 5,000 yuan;

(4)

the temporary import of goods under the customs supervision; and

(5)

other manners stipulated in any state law or regulation, for which the Automatic Import License is not required.

Article 13

The present Measures shall not apply to the goods subject to the automatic import license administration that enter such areas under
special customs supervision as the bonded zones or export processing zones of the People’s Republic of China, as well as the bonded
storehouses and bonded logistics centers. In the case of any import of goods subject to the automatic import license administration
from such areas under special customs supervision as the bonded zones and export processing zones, as well as the bonded storehouses
and bonded logistics centers, the Automatic Import Licenses shall still be obtained besides the circumstances as provided for in
Article 10 of the present Measures.

Article 14

Where the goods subject to the automatic import license administration are imported for processing trade, they shall be re-exported
according to the relevant provisions. If the said goods cannot be re-exported and are to be sold instead inside the country due to
special circumstances, it shall apply for an Automatic Import License according to the present examination and approval procedures
on processing trade for the domestic market. The detailed rules for applying for and obtaining licenses of all goods shall be found
in the Catalogue of Goods Subject to the Automatic Import License Administration.

Article 15

Where the State adopts temporary prohibitive measures on import or temporary restrictive measures on the quantity of import for those
goods subject to the automatic import license administration, the issuance of such automatic import licenses for those goods shall
be ceased as of the date when the temporary measures come into force.

Article 16

Where a consignee does not use the obtained Automatic Import License, it shall return it to the original license issuing organ within
the period of validity and give the reasons. The license issuing organ shall revoke the Automatic Import Licenses returned by the
consignee.

If an Automatic Import License has been lost, the consignee shall immediately report the loss in written form to the original license
issuing organ and the customs at the import port as indicated in the face of the automatic import license. The license issuing organ
shall re-issue an license after verifying that there is no bad consequence upon receipt of the report for loss.

Any Automatic Import License that fails to be obtained within one month after the issuing day may be withdrawn and removed by the
license issuing organ.

Article 17

The customs may inspect and release the bulk cargo with the amount of overload or short load being within 5 percent of the total amount
of goods without a license. For such four kinds of large bulk cargoes as the crude oil, processed oil, chemical fertilizers and steel
products, they may be inspected and released without a license if the amount of overload or short load is within 3 percent of the
total amount of goods.

Article 18

The Ministry of Commerce shall in general exercise administration of “one license for one batch” for goods under the Automatic Import
License and may carry out the administration of “one license not for one batch” for some goods.

The “one license for one batch” means that the same Automatic Import License shall not be used in accumulative customs declaration
in batches. The consignee may apply for obtaining several Automatic Import Licenses for items under the same contract of import.

The “one license not for one batch” means that the same Automatic Import License can be used in accumulative customs declaration by
different batches within the valid period, but not more than six times. And the customs shall keep the photocopy each time after
it indorses in the “endorsement column of customs inspection and release” of the original Automatic Import License, and preserve
the original for the last time.

For the large bulk cargo subject to the automatic import license administration and the “one license not for one batch” administration,
the customs shall deduct an amount within the quota of the automatic import license pursuant to the actually imported amount; for
the import of last batch, the overload shall be calculated according to the actual remaining amount of the said automatic import
license and within the permissible upper limit of overload.

Article 19

The availability of an Automatic Import License shall be within a Gregorian calendar year and the period of validity shall be six
months.

Article 20

Where an Automatic Import License needs to be extended concerning its valid period or to be modified, it shall be re-handled in the
original license issuing organ. The previous license shall be simultaneously cancelled and its license number shall be indicated
in the remarks column of the new license.

Where an Automatic Import License carrying out the “one license not for one batch” administration needs to be extended concerning
its valid period or to be modified, the new license shall be issued on the basis of the residual amount after the declared amount
of the previous license is deducted.

Article 21

Anyone, who illegally imports the goods subject to the automatic import license administration without obtaining an Automatic Import
License, shall be treated and published by the customs according to relevant provisions of laws or administrative regulations; if
a crime is constituted, he shall be subject to criminal liabilities.

Article 22

Anyone, who forges, alters, buys or sells the Automatic Import License or obtains the Automatic Import License by deception or other
unfair means, shall be published according to the relevant provisions of laws or administrative regulations; if a crime is constituted,
he shall be subject to criminal liabilities.

Article 23

The detailed rules for implementing the administration on issuing automatic import licenses shall be separately enacted by the Ministry
of Commerce according to the present Measures.

Article 24

The power to interpret the present Measures shall remain with the Ministry of Commerce and the General Administration of Customs.

Article 25

The present Measures shall go into effect e as of January 1, 2005. In case any previous provision on the administration is inconsistent
with the present Measures, the latter shall prevail.

Attachment I:

the Catalogue of Goods Subject to the Automatic Import License Administration (omitted)

(Attachments II, III, IV and V are omitted)

 
the Ministry of Commerce, the General Administration of Customs
2004-11-10

 




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...