Brazilian Laws

AMENDMENTS TO THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA

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National People’s Congress

Announcement of the National People’s Congress of the People’s Republic of China

The Amendments to the Constitution of the People’s Republic of China, which were adopted at the Second Session of the Tenth National
People’s Congress of the People’s Republic of China on March 14,2004, are hereby promulgated and put into force.

The presidium of the Second Session of the Tenth National People’s Congress of the People’s Republic of China

March 14, 2004 in Beijing

Amendments to the Constitution of the People’s Republic of China

Article 18

The provision in paragraph 7 of the Preamble of the Constitution of “Under the guidance of Marxism-Leninism, Mao Zedong Thought and
Deng Xiaoping Theory” shall be modified as “Under the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and
the important thought of ‘Three Represents'”. The provision of “Along the road of building socialism with Chinese characteristics”
shall be modified as “Along the socialist road with Chinese characteristics”. And the provision of “and to promote the coordinated
development of material civilization, political civilization and spiritual civilization” shall be added right after the provision
of” to modernize industry, agriculture, national defense and science and technology step by step”. Accordingly, the whole paragraph
shall be modified as “Both the victory in China’s New-Democratic Revolution and the successes in its socialist cause have been achieved
by the Chinese people of all nationalities, under the leadership of the Communist Party of China and guidance of Marxism-Leninism
and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. China will be
in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist
modernization along the socialist road with Chinese characteristics. Under the leadership of the Communist Party of China and the
guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of ‘Three Represents’, the Chinese
people of all nationalities will continue to adhere to the people’s democratic dictatorship and the socialist road, persevere in
reform and opening to the outside world, steadily improve various socialist institutions, develop the socialist market economy, develop
socialist democracy, improve the socialist legal system and work hard and self-dependently to modernize the country’s industry, agriculture,
national defense and science and technology step by step, and to promote the coordinated development of material civilization, political
civilization and spiritual civilization to build China into a socialist country that is prosperous, powerful, democratic and culturally
advanced.”

Article 19

The provisions in the second sentence of paragraph 10 of the Preamble of “In the long years of revolution and construction, there
has been formed under the leadership of the Communist Party of China a broad patriotic united front that is composed of democratic
parties and people’s organizations, embracing all socialist working people, all patriots who support socialism and all patriots who
stand for reunification of the motherland. This united front will continue to be consolidated and developed.￿￿ shall be modified
as ” In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China
a broad patriotic united front that is composed of democratic parties and people’s organizations, embracing all socialist working
people, builders of the socialist cause, all patriots who support socialism and all patriots who stand for reunification of the motherland.
This united front will continue to be consolidated and developed.”

Article 20

The provisions in Paragraph 3, Article 10 of the Constitution of “The state may, for the public interest, take over land for its
use in accordance with the law.” shall be modified as “The state may, for the public interest, expropriate or take over land for
public use, and pay compensation in accordance with the law.”

Article 21

Paragraph 2, Article 11 of the Constitution: “The state protects the lawful rights and interests of the individual and private sectors
of the economy, and exercises guidance, supervision and control over the individual and private sectors of the economy.” shall be
modified as “The state protects the lawful rights and interests of the non-public sectors of the economy, including individual and
private sectors of the economy. The state encourages, supports and guides the development of the non-public sectors of the economy,
and exercises supervision and control over the non-public sectors according to law.”

Article 22

Article 13 of the Constitution: “The state protects the right of citizens to own lawfully earnings, savings, houses and other lawful
property.” and” The state protects by law the right of citizens to inherit private property” shall be modified as “The lawful private
property of citizens may not be encroached upon.” and ” The state protects by law the right of citizens to own private property and
the right to inherit private property.” and ” The state may, for the public interest, expropriate or take over private property of
citizens for public use, and pay compensation in accordance with the law.”

Article 23

One paragraph shall be added to Article 14 of the Constitution as paragraph 4, that is “The state establishes and improves the social
security system fitting in with the level of economic development.”

Article 24

One paragraph shall be added to Article 33 of the Constitution as paragraph 3, that is “The state respects and protects human rights.”
And paragraph 3 shall be changed into paragraph 4 accordingly.

Article 25

Paragraph 1, Article 59 of the Constitution: “The National People’s Congress is composed of deputies elected by the provinces, autonomous
regions, municipalities directly under the Central Government, and by the armed forces. All the minority ethnic groups are enpost_titled
to appropriate representation.” shall be modified as “The National People’s Congress is composed of deputies elected by the provinces,
autonomous regions, municipalities directly under the Central Government, and special administrative regions, as well as by the armed
forces. All the minority ethnic groups are enpost_titled to appropriate representation.”

Article 26

Item 20 of Article 67 of the Constitution concerning the authority of the Standing Committee of the National People’s Congress: “(20)
To decide on the enforcement of martial law throughout the country or in particular provinces, autonomous regions or municipalities
directly under the Central Government,” shall be modified as “(20) To decide on the declaration of the country as a whole or particular
provinces, autonomous regions or municipalities directly under the Central Government to be under a state of emergency”.

Article 27

Article 80 of the Constitution: “The President of the People’s Republic of China, in pursuance of the decisions of the National People’s
Congress and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councilors, Ministers
in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers state medals
and post_titles of honor; issues orders of special pardons; proclaims martial law; proclaims a state of war; and issues mobilization orders.”
shall be modified as :”The President of the People’s Republic of China, in pursuance of the decisions of the National People’s Congress
and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councilors, Ministers in
charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers state medals and
post_titles of honor; issues orders of special pardons; declares a state of emergency, declares a state of war, and issues a mobilization
order.”

Article 28

Article 81 of the Constitution: “The President of the People’s Republic of China receives foreign diplomatic envoys on behalf of
the People’s Republic of China and; in pursuance of the decisions of the Standing Committee of the National People’s Congress, appoints
or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign
states. ” shall be modified as “The President of the People’s Republic of China represents the People’s Republic of China in conducting
activities of national affairs and receiving foreign diplomatic representatives and; in pursuance of the decisions of the Standing
Committee of the National People’s Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates
treaties and important agreements concluded with foreign states.”

Article 29

Item 16 of Article 89 of the Constitution concerning the functions and powers of the State Council: “(16) To decide on the enforcement
of martial law in part regions of provinces, autonomous regions, and municipalities directly under the Central Government” shall
be modified as “(16) To decide by law to place parts of provinces, autonomous regions, and municipalities directly under the Central
Government under a state of emergency”.

Article 30

Article 98 of the Constitution: “The term of office of the people’s congresses of provinces, municipalities directly under the Central
Government, counties, cities and municipal districts is five years. The term of office of the people’s congresses of townships, ethnic
townships and towns is three years” shall be modified as “The term of office of local people’s congresses at various levels is five
years.”

Article 31

The post_title of Chapter IV of the Constitution: “The National Flag, the National Emblem and the Capital” shall be modified as “The National
Flag, the National Anthem, the National Emblem and the Capital”. One paragraph shall be added to Article 136 of the Constitution
as paragraph 2: “The national anthem of the People’s Republic of China is ‘March of the Volunteers’.”



 
National People’s Congress
2004-03-14

 







INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING ANNEX I (7) AND ANNEX II (III) TO THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA

Interpretation by the Standing Committee of the National People’s Congress Regarding Annex I (7) and Annex II (III) to the Basic Law
of the Hong Kong Special Administrative Region of the People’s Republic of China

(Adopted at the 8th Meeting of the Standing Committee of the Tenth National People’s Congress on April 6, 2004) 

At its 8th Meeting, the Standing Committee of the Tenth National People’s Congress examined the motion proposed by the Council of
Chairmen requesting examination of the Draft Interpretation by the Standing Committee of the National People’s Congress Regarding
Annex I (7) and Annex II (III) to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China.
Having consulted the Committee for the Basic Law of the Hong Kong Special Administrative Region under the Standing Committee of the
National People’s Congress, the Standing Committee of the National People’s Congress has decided, in accordance with the provisions
in Subparagraph (4) of Article 67 of the Constitution of the People’s Republic of China and the provisions in the first paragraph
of Article 158 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, to make the following
interpretation of the provisions of Annex I (7) to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China, under the Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region, which reads,
“If there is a need to amend the method for selecting the Chief Executives for the terms subsequent to the year 2007, such amendments
must be made with the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief
Executive, and they shall be reported to the Standing Committee of the National People’s Congress for approval”, and the provisions
of Annex II (III) , under the Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region
and its Voting Procedures, which reads, “With regard to the method for forming the Legislative Council of the Hong Kong Special Administrative
Region and its procedures for voting on bills and motions after 2007, if there is a need to amend the provisions of this Annex, such
amendments must be made with the endorsement of a two-thirds majority of all the members of the Council and the consent of the Chief
Executive, and they shall be reported to the Standing Committee of the National People’s Congress for the record” : 

1.  The phrases “subsequent to the year 2007” and “after 2007” stipulated in the two Annexes mentioned above include the year
2007. 

2.  The provisions in the two Annexes mentioned above that “if there is a need” to amend the method for selecting the Chief
Executives for the terms subsequent to the year 2007 or the method for forming the Legislative Council and its procedures for voting
on bills and motions after 2007 mean that they may be amended or remain unamended. 

3.  The provisions in the two Annexes mentioned above that any amendment must be made with the endorsement of a two-thirds majority
of all the members of the Legislative Council and the consent of the Chief Executive and shall be reported to the Standing Committee
of the National People’s Congress for approval or for the record mean the legislative process that must be gone through before the
method for selecting the Chief Executive and the method for forming the Legislative Council and its procedures for voting on bills
and motions are to be amended. Such an amendment may become effective only if it has gone through the said process, including the
approval finally given by the said Committee in accordance with law or the reporting to the Committee for the record. The Chief Executive
of the Hong Kong Special Administrative Region shall present a report to the Standing Committee of the National People’s Congress
as regards whether there is a need to make an amendment, and the Committee shall, in accordance with the provisions in Articles 45
and 68 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, make a determination in
the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual
and orderly progress. The bills on amendments to the method for selecting the Chief Executive and the method for forming the Legislative
Council and its procedures for voting on bills and motions and the proposed amendments to such bills shall be introduced by the Government
of the Hong Kong Special Administrative Region into the Legislative Council. 

4.  If no amendment is made to the method for selecting the Chief Executive, the method for forming the Legislative Council
and its procedures for voting on bills and motions as stipulated in the two Annexes mentioned above, the provisions relating to the
method for selecting the Chief Executive in Annex I will remain applicable to the method for selecting the Chief Executive, and the
provisions relating to the method for forming the third term of the Legislative Council in Annex II and the provisions relating to
its procedures for voting on bills and motions in Annex II will remain applicable to the method for forming the Legislative Council
and its procedures for voting on bills and motions.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.







THE SUMMARY OF THE SYMPOSIUM ON ISSUES CONCERNING APPLICABLE LEGAL NORMS FOR THE TRIAL OF ADMINISTRATIVE CASES

Supreme People’s Court

Circular of the Supreme People’s Court on Printing and Issuing the Summary of the Symposium on Issues Concerning Applicable Legal
Norms for the Trial of Administrative Cases

Fa [2004] No.96

To higher people’s courts of various provinces, autonomous regions, and municipalities directly the Central Government, as well as
the Higher People’s Court of Xinjiang Uygur Autonomous Region Production and Construction Corps Court:

The Summary of the Symposium on Issues Concerning Applicable Legal Norms for the Trial of Administrative Cases is hereby printed and
issued to you, please conscientiously put it into practice. In case of any question during the implementation thereof, please timely
report it to this court.

Supreme People’s Court

May 18, 2004

The Summary of the Symposium on Issues Concerning Applicable Legal Norms for the Trial of Administrative Cases

Since there are relatively more levels and categories of legal norms involved in the trial of administrative cases, great changes
have taken place in relevant rules for application of laws after the implementation of the legislative law, thus giving rise to all
kinds of difficult problems often appearing in the course of the application of laws on how to identify legal base and solve conflicts
of legal norms. Whether or not such problems can be properly solved will directly affect the fairness and efficiency of the trial
of administrative cases. Furthermore, with the enhancement of the level of rule of law in our country and requirements adaptable
to the accession to the World Trade Organization, the trial of administrative cases is becoming more and more outstanding in solving
conflicts of legal norms and safeguarding the uniformity of the legal system. For the purpose of accurately applying legal norms,
ensuring the fair trial of administrative cases, maintaining the uniformity and sanctity of national legal system, and promoting
the exercise of administrative functions according to law, the administrative division for the trial of administrative cases of the
Supreme People’s Court once conducted an investigation into a special topic concerning prominent issues on applicable legal norms
for the trial of administrative cases, and sought opinions from relevant departments. In October, 2003, during the symposium held
by the Supreme People’s court in Shanghai on the trial of administrative cases carried out in people’s courts throughout the nation,
the Supreme People’s court had a discussion on a special topic concerning issues on applicable legal norms for the trial of administrative
cases, and the participants reached a consensus on some common problems by summarizing experiences from the trial of administrative
cases subject to the legislative law, the administrative procedure law and other pertinent laws. Minutes of this symposium are hereby
notified as follows:

1.

With Regard to the Base for the Trial of Administrative Cases.

According to related provisions of the administrative procedure law and the legislative law, people’s courts shall try administrative
cases in compliance with laws, administrative regulations, local regulations, regulations on the exercise of autonomy, and specific
regulations, as well as with reference to rules. When referring to such rules, whether or not the provisions thereof are legal and
valid shall be judged, and those lawful and effective rules shall be applied. In accordance with the provisions in the legislation
law, ordinance on the procedures for the formulation of administrative regulations and the ordinance on the procedure for formulation
of rules governing the interpretation of laws, administrative regulations and rules, people’s courts shall, adopt legal interpretation
formulated by the Standing Committee of the National People’s Congress, the interpretation of administrative regulations as promulgated
by the State Council or departments authorized by the State Council as legal base of the trial of administrative cases; as for the
interpretation of rules which are made by formulating authority of such rules and have the same legal force as the said rules, people’s
courts shall refer to it when trying the administrative cases.

In consideration of the course of change and development in our legislative procedure since the founding of the People’s Republic
of China, the existing effective administrative regulations are classified into three categories: first, administrative regulations
as formulated and promulgated by the State Council; second, administrative regulations, prior to the implementation of the legislation
law, promulgated by departments under the State Council upon the approval of the State Council according to the procedures for formulation
of administrative regulations effective at that time. However, after the implementation of the legislation law, legal documents promulgated
by departments under the State Council upon the approval of the State Council don’t fall under the scope of administrative regulations
any more; third, other administrative regulations confirmed by the State Council when sorting out the administrative regulations.

In the practice of trial of administrative cases, interpretation for specific application and other legal documents made by relevant
departments to guide the execution of laws or implement administrative measures are often used, mainly including: interpretations
for specific application of laws, regulations or rules as made by departments under the State Council, people’s government or their
competent departments of provinces, municipalities, autonomous regions and major municipalities ; decisions, orders or other legal
documents with general binding force as formulated and promulgated by people’s governments at and above the county level and their
competent departments. Such interpretation for specific application and other legal documents, which are often used by administrative
authorities as direct base for specific administrative acts, are not formal legal sources, thus failing to be legal norms with legal
force upon people’s courts.

However, if interpretation for specific application and other legal documents, on which the specific administrative acts of the sued
are based, are legal, valid, justifiable and appropriate after examined by people’s courts, such administrative acts shall be deemed
to be valid when their legality is confirmed; People’s courts may make comments on reasons for their decisions in terms of whether
or not the interpretation for specific application and other legal documents are legal, valid, justifiable or appropriate.

2.

With Regard to the Rules for the Application of Conflicts of Legal Norms

If there are conflicts arising from different legal consequences specified by two or two more legal norms in respect of the same matter,
in all cases with a view to deciding and selecting applicable legal norms, such rules for the application of laws shall be followed
that a higher level law shall prevail over a lower level law, lex posterior derogat priori, and a special law shall prevail over
a general law according to provisions of the legislation law. Since matters involved in conflict rules are of relative significance,
if pertinent authorities have different opinions on whether or not there are conflicts, or there is any question in terms of the
legality and validity of legal norms that shall prevail or the application fails to be decided according to the rules for the application
laws, all such cases shall be submitted to competent authorities for decision level by level according to the provisions of the legislation
law.

(1)

Judgment and Application for the Incompliance of a Lower Level Law with a Higher Level Law

Should provisions of a lower level law fail to comply with those of a higher level law, people’s courts shall apply such a higher
law in principle. Under such circumstances that many current specific administrative acts are conducted subject to a lower level
law without referring or applying to a higher level law, therefore, people’s court shall, upon examining the compliance of specific
administrative acts with laws, judge whether or not a lower level law conforms to a higher level law at the same time so as to safeguard
the uniformity of the legal system. If a lower level law comes in conflicts with a higher level law by such judgment, the legality
of specific administrative acts conducted by the sued shall be confirmed according to a higher level law. From the practice of the
trial of administrative cases, common circumstances that a lower level laws contravenes a higher level law are noticed as follows:
In a lower level law, the scope of subject of right stipulated by a higher level law is narrowed or such scope is broadened in violation
of legislative purposes for such higher level law; Under a lower level law, rights laid down in a higher level law are restricted
or deprived or scope of such rights is widened in violation of legislative purposes for such higher level law; The scope of administrative
subjects or the scope of functions and duties of such administrative subjects are enlarged by a lower level law; The period to perform
legal functions as laid down by a higher level law is extended by a lower level law; In a lower level law, obligations or the scope,
nature or conditions of subjects with such obligations as defined by a higher level law are enlarged or limited by the means of reference
and permission for use; Applicable conditions in contravention of a higher level law are increased or limited by a lower level law;
Under a lower level law, acts to which administrative punishments shall be given, their categories and margins as stipulated by a
higher level law are enlarged or limited; Nature of illegal activities having been stipulated by a higher level law is changed by
a lower level law; the scope of application of compulsory measures, their categories and means as stipulated in a lower level low
go beyond their counterparts in a higher level law, and conditions for application of such measures under a higher level law are
also increased or limited in the same lower level law; Administrative licenses in nonconformity with provisions of the administrative
licensing law are prescribed by, or administrative licensing requirements in violation of a higher law are added by laws, regulations
or other legal documents; or other circumstances of conflicts.

Should provisions concerning the implementation of laws, administrative regulations or local regulations be not abolished explicitly
after amendment thereto, people’s courts shall, upon applying such laws, administrative regulations or local regulations, deal with
the following circumstances separately: Where there are discrepancies between provisions in respect of enforcement, and amended laws,
administrative regulations or local regulations, such provisions shall not be applicable; In case enforcement provisions corresponding
to the amendment to laws, administrative regulations or local regulations loss their own grounds for enforcement, thus failing to
be implemented separately, such provisions shall not be applicable; In the event enforcement provisions are not inconsistent with
revised laws, regulations or local regulations, such provisions shall be applicable.

(2)

Relationship between the Application of Special and General Provisions

Should there are respectively general and special provisions under different clauses of the same law, administrative regulation, local
regulations, regulations on the exercise of autonomy and separate regulation as well as rules in respect of the same matter, the
special provisions shall prevail.

Where there are differences between new general provisions and old special provisions in respect of the same matter among laws, administrative
regulations or local regulations, people’s courts shall deal with the application of either kind of such provisions under the following
circumstances in principle: Should new general provisions stipulate the continuous application of old special provisions, such new
special provisions shall be applicable; If old special provisions are repealed by new general provisions, such new general provisions
shall be applicable. In case of failure to decide whether or not new general provisions approve the continuous application of old
special provisions, people’s courts shall cease the trial of administrative cases. In the event the case falls under the scope of
laws, it shall be submitted to the Supreme People’s Court level by level for a decision of the Standing Committee of the National
People’s Congress; If the case falls under the scope of administrative regulations, it shall be submitted to the Supreme People’s
Court level by level for a decision of the State Council; Should the case fall under the scope of local regulations, it shall be
submitted to higher people’s courts for a decision of formulating authorities.

(3)

Selective Application of Conflicts between Local Regulations and Ministerial Regulations

If local regulations differ from ministerial regulations in terms of the same matter, people’s courts shall deal with application
under circumstances as follows:

1)

If ministerial regulations are empowered by laws or administrative regulations to stipulate enforcement provisions, such enforcement
provisions shall prevail;

2)

Should ministerial regulations, in case of no formulation of laws or administrative regulations, prescribe provisions on matters authorized
by decision or order of the State Council or matters concerning macroeconomic control of the Central Government and matters required
to be unified by the State in terms of rules of marketing activities as well as foreign trade and foreign investment, such provisions
shall prevail;

3)

If local regulations empowered by laws or administrative regulations to prescribe specific provisions in line with the actual situations
within the same administrative area, such provisions shall prevail;

4)

If local regulations specify provisions on matters concerning local affairs, such provisions shall prevail;

5)

Where local regulations, in case of no formulation of laws or administrative regulations, prescribe provisions on matters other than
those required to be stipulated uniformly by the State, according to the specific situations in the same administrative area, such
provisions shall prevail; and

6)

Other circumstances under which application can be made directly. In case of failure to determine what to be applied, the trial of
administrative cases shall be ceased and such cases shall be submitted to the Supreme People’s Court level by level, which shall,
in accordance with subparagraph 2, paragrph1 of Article 86 in the Legislation Law, render such cases to competent authorities for
handle.

(4)

Selective Application of Conflicts of Rules.

In case of any discrepancy in respect of the same matter between ministerial regulations and local government regulations, people’s
courts shall deal with the application according to the circumstances as follows:

1)

Where laws or administrative regulations empower ministerial regulations to stipulate enforcement provisions, such provisions shall
prevail;

2)

Should ministerial regulations, in case of no laws or administrative regulations, prescribe provisions on matters authorized by decision
or order of the State Council or matters concerning macroeconomic control of the Central Government and matters required to be unified
by the State in terms of rules of marketing activities as well as foreign trade and foreign investment, such provisions shall have
prevail;

3)

If local government regulations empowered by laws or administrative regulations to prescribe specific provisions in line with the
actual situations within the same administrative area, such provisions shall prevail;

4)

If local government regulations specify provisions on affairs concerning the specific administrative management within the same administrative
area, such provisions shall prevail; and

5)

Other circumstances under which application can be made directly. In case of failure to determine what to be applied, the trial of
administrative cases shall be ceased and such cases shall be submitted to the Supreme People’s Court level by level for the decision
of the State Council.

Should regulations enacted by various ministries under the State Council vary from each other in terms of the same matter,people’s
courts shall select the application according to the following circumstances:

1)

Ministerial regulations having no conflicts with their higher level law shall be applicable;

2)

In case of no conflicts with a higher level law, provisions of regulations as formulated according to exclusive functions and powers
shall prevail;

3)

Provisions of regulations as jointly formulated by two or more ministries under the State Council in terms of matters on the scope
of their functions and powers, shall prevail over provisions as separately enacted by one of the said ministries ; and

4)

Other circumstances under which application can be made directly. In case of failure to determine what to be applied, the trial of
administrative cases shall be ceased and such cases shall be submitted to the Supreme People’s Court level by level for the decision
of the State Council.

Should other legal documents enacted by ministries under the State Council or people’s governments of various provinces, municipalities
and autonomous regions be inconsistent with each other in respect of the same matter, application shall be dealt with in light of
the abovementioned spirits.

3.

With Regard to Rules for the Application of New and Old Legal Norms

According to the general awareness and practice in the trial of administrative cases, if opposite persons for administration commit
acts prior to the implementation of new laws, while their specific administrative acts are conducted after the implementation thereof,
provisions of old laws shall be apply to substantial problems and new laws shall be applicable to procedure problems when the legality
of such specific administrative acts is being verified by people’s courts, excluding the circumstances as follows:

(1)

Otherwise provided for by laws, regulation or rules;

(2)

Application of new laws is more favorable for protecting legitimate rights and interest of opposite persons for administration; and

(3)

Substantial provisions of new laws shall be applicable subject to specific administrative acts.

4.

With Regard to Issues on the Interpretation for the Specific Application of Legal Norms

Interpreting legal norms in the decision of cases is an important part for people’s courts to conduct application of laws. Legal norms
applied by people’s courts shall be usually interpreted pursuant to their common meanings; Where there are professional meanings
for such legal norms, such meanings shall prevail; In case of unclear or ambiguous understanding, their meanings may be confirmed
according to the context, legislative purposes, target and principles.

Where wordings like “etc.” and “others” are expressed under legal norms besides enumeration of typical examples to which such norms
are applicable, such norms shall fall under the category of exemplified provisions with incomplete examples. All matters synoptically
expressed with words of “etc” and “other” and so on shall be matters other than those explicitly enumerated and include circumstances
similar to matters enumerated.

People’s courts shall, upon interpreting and applying laws, appropriately handle the relationship between legal effects and social
effects, not only strictly apply provisions of laws, maintain the sanctity of such provisions, and ensure the accuracy, uniformity,
and continuity of legal application, but also attach importance to keep pace with the times, focus on social effects as a result
of trial of administrative cases, avoid rigidly understanding and application of legal clauses and maintain interests of the State
and the public in the legal application.



 
Supreme People’s Court
2004-05-18

 







CATALOGUE OF PRIORITY INDUSTRIES FOR FOREIGN INVESTMENT IN THE CENTRAL-WESTERN REGION (AMENDED IN 2004)

e02068

Ministry of Commerce, State Development and Reform Commission

Order of the State Development and Reform Commission and the Ministry of Commerce

No.13

Catalogue of Priority Industries for Foreign Investment in the Central-Western Region (Amended in 2004), which was approved by the
State Council, is hereby promulgated and shall come into force as of September 1st, 2004. Catalogue of Priority Industries for Foreign
Investment in the Central-Western Region issued by the former State Development Planning Commission and the former Ministry of Foreign
Trade and Economic Cooperation shall be stopped from execution simultaneously.

Ma Kai, Director of the National Development and Reform Commission

Bo Xilai, Minister of the Ministry of Commerce

July 23rd, 2004

Catalogue of Priority Industries for Foreign Investment in the Central-Western Region (Amended in 2004)

In accordance with the Provisions on Guiding the Direction of Foreign Investments (Order No. 346 of the State Council) and national
industry policies, with a view to implementing the large-scale development of China’s western region, encouraging the central-western
region to utilize foreign investments, bring in advanced technologies and equipment, developing relatively competitive industries
and enterprises with advanced technologies, promoting the optimization and upgrade of industrial structure and improving the overall
quality of the economy of the central-western region, the Catalogue of Priority Industries for Foreign Investment in the Central-Western
Region issued in June 2000 are amended.

The foreign investment projects falling within this Catalogue may enjoy the relevant policies toward those as encouraged in the Provisions
on Guiding the Direction of Foreign Investments and the relevant preferential policies as provided for in the Notice of the General
Office of the State Council about Disseminating the Opinions of the Ministry of Foreign Trade and Economic Cooperation about Further
Encouraging Foreign Investments of the Present Day (No. 73 [1999] issued by the General Office of the State Council).

In respect of the projects approved before the effectiveness of this Catalogue according to the former Catalogue, they may still enjoy
the pertinent policies for the former Catalogue. With respect to the on-going projects that meet the requirements of this Catalogue,
they may comply with the relevant policies of this Catalogue.

When all competent authorities examine and approve the projects of foreign investment to the central-western region, they shall fully
implement the national industry policies, strictly accord with the relevant laws and regulations of the state, examine and verify
the projects under existing examination and approval powers and procedures, attach importance to improve the production techniques
and structure of products, lay emphases on utilizing resources reasonably and protecting the ecological environment, and prevent
repeated construction and blind enlargement of production capacity. The state shall, in accordance with the needs of the economic
development and changes of the environment of domestic and overseas markets, make adjustments and amendments to this Catalogue in
time.

Shanxi Province:

1.

Plantation of forage grass, feedstuff and crops and deep processing thereof

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

Development and application of water-saving and irrigation techniques

4.

Development of applied technologies for coal processing and product production

5.

Exploration, development and comprehensive utilization of kaolin

6.

Production of barium salt (controlled by Chinese party)

7.

Production of cannabis and flax textile products

8.

Production of hydraulic pressure technological system and mold tools

9.

Manufacture of medium-sized and small dry-land and mountain agricultural machinery and supporting tools thereof

10.

Development and production of large-scale construction steel structure technology

11.

Electricity generation, heat supply and other comprehensive utilization of the remaining heat of gangue, middling coal and coking
coal

12.

Construction and business operation of urban gas supply, heat supply, water supply and drainage systems (controlled by Chinese party
in large or medium cities)

13.

Development of tourist areas (spots) and construction, protection and business operations of their supporting facilities

14.

Road transportation of passengers

Jilin Province

1.

Development, breeding and processing of Changbaishan ecological edible resources

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

Development and application of water-saving and irrigation technologies

4.

Exploration and development of nickel ores

5.

Development of resources of and production of animal and plant medicinal materials (with the exception of the resources under the
protection of the state)

6.

Development and comprehensive utilization of oil shale resource

7.

Manufacture of auto components and parts

8.

Development and production of big super power graphite electrode and special graphite

9.

Construction and business operation of urban gas supply, heat supply, water supply and drainage systems (controlled by Chinese party
in large or medium cities)

10.

Development of ice and snow tourist resources and construction and business operation of skiing places

11.

Development of tourist areas (spots) and construction, protection and business operations of their supporting facilities

12.

Road transportation of passengers

Heilongjian Province

1.

Production of flax textile and products thereof

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

Development and application of water-saving and irrigation technologies

4.

Development of applied technologies for coal processing and products production

5.

Deep processing of graphite products

6.

Production of preparation of frozen injection powder of Chinese Traditional Medicines

7.

Manufacture of electric instruments and equipment for intelligent control of electronic networks

8.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large or medium cities)

9.

Development of ice and snow tourist resources and forest tourist resources

10.

Development of tourist areas (spots), and the construction, protection and operation of supporting facilities thereof

11.

Road passenger transportation

Anhui Province

1.

Development and production of grain, potato, cotton and oil plants

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

Comprehensive processing of tea (with exception of green tea and special tea made by traditional techniques)

4.

Development and application of technologies for water saving and irrigation

5.

Development of applied technologies for coal processing and production

6.

Electric membrane production

7.

Production of compound plastic packing materials

8.

Production of carbon black by new techniques – soft wet granule approach

9.

Manufacture of large scale loosely packed cement equipment

10.

Deep processing of flat glass

11.

Manufacture of plastic water-saving equipment used for agriculture

12.

Development and manufacture of forklift and other engineering machinery, automatic storehouse and storage logistics system

13.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

14.

Development of tourist areas (spots), and the construction, protection and business operation of supporting facilities thereof

15.

Road transportation of passengers

Jiangxi Province

1.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

2.

Development and application of technologies for water-saving and irrigation

3.

Deep processing of rare earth and production of application products

4.

Deep processing of tungsten and molybdenum ores

5.

Manufacture of top grade ceramics of everyday use

6.

Dressing and smelting of non-metal ores of flint, grammite, meerschaum, black steatite, and dolomite used for chemical industry, etc.

7.

Development and application of organosilicon

8.

Manufacture and application of sulphone chloride and manufacture of vesicant

9.

Manufacture of gibberellicacid

10.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

11.

Development of tourist areas (spots), construction, protection and business operation of supporting facilities thereof

12.

Road transportation of passengers

Henan Province

1.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

2.

Development and application of technologies for water saving and irrigation

3.

Exploitation and processing of natural alkali ores

4.

Development of applied technologies for coal processing and product manufacture

5.

Deep processing of flat glass

6.

Deep processing of tungsten and molybdenum ores

7.

Lincomycin Hydrochloride

8.

Automatization of comprehensive control of electric energy and manufacture of electric instruments

9.

Development and manufacture of new electronic components

10.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

11.

Development of tourist areas (spots), and the construction and business operation of supporting facilities thereof

12.

Road transportation of passengers

Hubei Province

1.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

2.

Development of applied technologies for coal processing and product manufacture

3.

Development and production of animal & plant medicine resources (with the exception of the resources under protection of the state)

4.

Production of flax textile and outside materials for top grade garments

5.

Deep processing of quartz glass products

6.

Development and manufacture of laser industry processing equipment and laser medicinal equipment

7.

Development of photoelectron technologies and products manufacture

8.

Key parts of numerically controlled machine tools (high speed principal axis, knife, power chuck)

9.

Manufacture of hot filling PET bottles and bottle base

10.

Manufacture of automobile components and parts

11.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

12.

Development of tourist areas (spots), and the construction, protection and operation supporting facilities thereof

13.

Road transportation of passengers

Hunan Province

1.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

2.

Development of applied technologies for coal processing and product manufacture

3.

Deep processing of tungsten and molybdenum

4.

Manufacture of ramee textile and products

5.

Production of bismuth compound

6.

Production of barium salt (controlled by Chinese party)

7.

Deep development of hormone drugs

8.

Manufacture of new type of rubber mechanical whole set equipment

9.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

10.

Development of tourist areas (spots), and the construction, protection and operation of supporting facilities thereof

11.

Road transportation of passengers

Chongqing Municipality

1.

Plantation and processing of natural spices

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

High yield of good quality silkworm base construction

4.

Development and application of water-saving and irrigation technologies

5.

Production of ramie textile and its products

6.

Production and development of end chemical industrial products of natural gas

7.

Development of resources of and production of animal and plant medicinal materials (with the exception of the resources under protection
of the state)

8.

Development and production of new type of medical equipment

9.

Manufacture of auto components and parts

10.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

11.

Development of tourist areas (spots), and the construction, protection and business operation of supporting facilities thereof

12.

Road transportation of passengers

Sichuan Province

1.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

2.

Development and application of water-saving and irrigation technologies

3.

Deep processing of rare earth and production of applied products

4.

High yield of good quality silkworm base construction and silk products processing

5.

Ramie textile and products

6.

Development of resources of and production of animal and plant medicinal materials (excluding the resources under protection of the
state)

7.

End chemical industrial products of natural gas

8.

Production of electric membrane

9.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

10.

Development tourist areas (spots), and the construction, protection and operation of supporting facilities thereof

11.

Road transportation of passengers

Guizhou Province

1.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

2.

Development and application of water-saving and irrigation technologies

3.

Development of applied technologies for coal processing and products

4.

Deep processing of potatoes, konjak and other products

5.

Development of special edible resources

6.

Manufacture of grinding mold tools

7.

Smelting of titanium

8.

Production of barium salt (controlled by Chinese party)

9.

Deep processing of ramie products

10.

Development of resources of and production of animal and plant medicinal materials (excluding the resources under protection of the
state)

11.

Production of phosphor chemical and industrial products

12.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

13.

Development of tourist areas (spots), and the construction, protection and operation of supporting facilities thereof

14.

Road transportation of passengers

Yunnan Province

1.

Good quality mulberry plantation, silkworm breeding, development and production of products

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

Development and application of water-saving and irrigation technologies

4.

Development of applied technologies for coal processing and products manufacture

5.

Development of special edible resources

6.

Deep processing of potato products

7.

Processing and development of natural rubber and flax

8.

Development of resources of and production of animal and plant medicinal materials (with the exception of the resources under protection
of the state)

9.

Exploration and development of mines of copper, lead, zinc, nickel and other non-ferrous metal

10.

Production of phosphor chemical and industrial products

11.

Manufacture of diesel engine for vehicle use and components and parts thereof

12.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

13.

Road transportation of passengers

Tibet Autonomous Region

1.

Industrialized operation of altiplano ecological characteristic, vegetable base, commercial grain and oil base, poultry breeding base
and pasture construction

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

Processing of animal products

4.

Development of applied technologies for coal processing and products manufacture

5.

Mining and processing of borax and szaibelyite (limited to joint equity, cooperation)

6.

Mining of chrome ore and processing

7.

Processing and manufacture of wool products

8.

Development and utilization of salt lake resources

9.

Production of new kinds and new dosages of Tibetan medicines

10.

Production of specially needed ethical products, handicraft articles, and materials of packing containers and glass products of everyday
use

11.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

12.

Development of tourist areas (spots), and the construction, protection and operation of supporting facilities thereof

13.

Road transportation of passengers

Shaanxi Province

1.

Development and production of grain, potato, cotton, and oil plant seeds (controlled by Chinese party)

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

Development and application of water-saving and irrigation technologies

4.

Development of applied technologies for coal processing and production

5.

Construction of quality wine grape base and good quality grape wine brewing

6.

Development and deep processing of molybdenum, titanium and other metal ores

7.

Production of metal function materials

8.

Development of resources of and production of animal and plant medicinal materials (with the exception of the resources under protection
of the state)

9.

Production and development of end chemical industrial products of natural gas

10.

Manufacture of on-the-spot bus intelligent instruments

11.

Designing and manufacture of numerical-control machine tools, numerical-control knife and key parts

12.

Design and manufacture of blast-furnace gas energy recovery turbine unit

13.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

14.

Development of tourist areas (spots), and the construction, protection and operation of supporting facilities thereof

15.

Road transportation of passengers

Gansu Province

1.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

2.

Development and application of water-saving and irrigation technologies

3.

Deep processing of potato products

4.

Establishment of bases for growing high quality grapes and production of high quality wine

5.

Plantation and processing of quality beer raw materials

6.

Deep processing of rare earth and production of applied products

7.

Production of natural gas chemical products and pipes

8.

Encapsulation of integrated circuits

9.

Millimeter-wave navigation equipment for port and vessel use

10.

Manufacture of drilling machines and oil field equipment

11.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

12.

Development of tourist areas (spots), and the construction, protection and operation of supporting facilities thereof

13.

Road transportation of passengers

Qinghai Province

1.

Construction of base of organic natural crop and livestock products and deep processing of products

2.

Protection, plantation, breeding, processing and utilization of altiplano animal and plant resources (with the exception of the resources
under protection of the state)

3.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

4.

Development and application of water-saving and irrigation technologies

5.

Carbonic acid strontium, metal strontium and strontium salt

6.

Development and comprehensive utilization of resources of salt lakes

7.

Production and development of end products of natural gas chemical and industrial products

8.

Deep processing of cashmere, quviut products and production of Tibetan blankets

9.

Production of new kinds and new dosages of Tibetan medicines

10.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

11.

Development of tourist areas (spots), and the construction, protection and operation supporting facilities thereof

12.

Road transportation of passengers

Ningxia Autonomous Region

1.

Plantation and deep processing of medlar

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

Development and application of water-saving and irrigation technologies

4.

Development of applied technologies for coal processing and production

5.

Production of carbon-base materials

6.

Construction of quality wine grape base and quality grape wine brewing

7.

Deep processing of potato products

8.

Production and development of end products of natural gas chemical and industrial products

9.

Production of PVC

10.

Production of meridian tyres

11.

Manufacture of chip solid tantalum capacitors

12.

Construction and business operation of urban gas supply, heat supply, water supply and drainage network (controlled by Chinese party
in large and medium cities)

13.

Development of tourist areas (spots), and the construction, protection and operation supporting facilities thereof

14.

Road transportation of passengers

Xinjiang Uygur Autonomous Region

1.

Plantation and deep processing of quality tomatoes and medlar

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

Development and application of water-saving and irrigation technologies

4.

Beetsugar processing and comprehensive utilization of byproducts

5.

Plantation and processing of natural slices and edible mushrooms

6.

Construction of quality wine grape base and quality grape wine brewing

7.

Deep processing of cottonseed, sunflower, safflower oil

8.

Plantation of flax and production of flax products

9.

Upgrade and change of top grade cotton and wool products

10.

Exploration and development of copper, lead, zinc, molybdenum and other non-ferrous ores

11.

Comprehensive utilization of vermiculite, soda niter, mica, asbestos, bentonite and other non-metal ores

12.

Development of applied technologies for coal processing and production

13.

Manufacture of top grade leather products

14.

Deep processing of end products of ethene and production of fine chemicals

15.

Production and development of end chemical and industrial products of natural gas

16.

Plantation, processing of officinal plants with Uigur characteristics, development of new techniques of pharmacy

17.

Development and utilization of biological pharmacy products by using the viscera of cattle and sheep

18.

Production of specially needed ethical products, handicraft articles, materials of packing containers and glass products for every
day use

19.

Construction and business operation of urban gas supply, heat supply, water supply and drainage systems (controlled by Chinese party
in large and medium cities)

20.

Development of tourist areas (spots) and the construction, protection and business operations of supporting facilities thereof

21.

Road transportation of passengers

The Autonomous Region of Inner Mongolia

1.

Development of applied technologies for coal processing and production

2.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

3.

Development, construction and business operation of pasture ecological tourist resources

4.

Development and application of water saving and irrigation technologies

5.

Development of high and new technological products of wool textile and knitgoods

6.

Processing of feedstuff

7.

Exploiture and utilization of chemical product in downstream gas processing

8.

Processing of Mongolian medicines

9.

Development and utilization of biological pharmacy products by using the viscera of cattle and sheep

10.

Deep processing of rare earth and application of applied products

11.

Production of specially needed ethical products, handicraft articles, and materials of packing containers and glass products for every
day use

12.

Electricity generation, heat supply and other comprehensive uses of the remaining heat of gangue, middling coal and coking coal

13.

Construction and business operation of urban gas supply, heat supply, water supply and drainage systems (controlled by Chinese party
in large and medium cities)

14.

Development of tourist areas (spots) and the construction, protection and business operations of supporting facilities thereof

15.

Road transportation of passengers

Guangxi Zhuang Autonomous Region

1.

Comprehensive development and utilization of cassava

2.

Plantation and processing of natural spices

3.

Reclaiming farmland to forests and pastures, protecting natural forests and subsequent development of national key ecological projects

4.

Development and application of water-saving and irrigation technologies

5.

Processing of saccharose and comprehensive utilization of byproducts thereof

6.

Development and production of animal and plant medicinal resources (excluding the resources under protection of the state)

7.

Deep processing and application of indium, lead and zinc

8.

Deep processing of manganese

9.

Mining, dressing and deep processing of talcum and barite

10.

Deep processing of colophony

11.

Production of salt fluoride

12.

Construction and business operation of urban gas supply, heat supply, water supply and drainage systems (controlled by Chinese party
in large and medium cities)

13.

Development of tourist areas (spots) and the construction, protection and business operations of supporting facilities thereof

14.

Road transportation of passengers



 
Ministry of Commerce, State Development and Reform Commission
2004-07-23

 







SUPPLEMENTARY NOTICE OF THE MINISTRY OF FINANCE ON HOW TO DEAL WITH THE ACCOUNTING ISSUES ABOUT THE ASSESSED INCREASE AND DECREASE OF THE OVERSEAS INVESTMENT ASSETS OF FOREIGN-FUNDED ENTERPRISES

Ministry of Finance of the People’s Republic of China

Supplementary Notice of the Ministry of Finance on How to Deal with the Accounting Issues about the Assessed Increase and Decrease
of the Overseas Investment Assets of Foreign-funded Enterprises

CaiQi [2004] No.134

The finance departments (administrations) of all provinces, autonomous regions, municipalities directly under the Central Government
and the cities under separate state planning:

After we issued Notice of the Ministry of Finance on How to Deal with the Accounting Issues about the Assessed Increase and Decrease
of the Overseas Investment Assets of Foreign-funded Enterprises (No. 181 [2003]), some areas and enterprises reflected that it is
still not specific whether the undistributed profits of previous years coming from assessed increase of the overseas investment assets
of foreign-funded enterprises may be used in the dividends paid to shareholders, and disputes arose in the implementation. With a
view to favoring the sound development of foreign-funded enterprises and maintaining the benefits of Sino-foreign parties in the
long run, supplementary notice concerning this issue is hereby given:

1.

Undistributed profits of the previous years coming from the assessed increase of overseas investment assets of foreign-funded enterprises,
along with the assessed increase balance of assets that haven￿￿t amortized into profits, shall not be used to the dividends paid
to shareholders any longer and shall be totally transferred into capital surplus.

After Notice of the Ministry of Finance on How to Deal with the Accounting Issues about the Assessed Increase and Decrease of the
Overseas Investment Assets of Foreign-funded Enterprises (No. 181 [2003]) was issued and implemented, where foreign-funded enterprises
has already transferred the assessed increase of overseas investment assets of the previous years into profits and distributed them,
they shall not be adjusted retroactively.

2.

Sino and foreign shareholders shall be enpost_titled to demand the enterprises to distribute profits ipso jure, but when the enterprises
make decisions on the profit distribution program, they shall abide by the laws, administrative regulations and other relevant provisions
provided for by financial departments of the State Council, and shall also carry out plenary negotiation.

3.

The present notice shall be implemented as of the promulgation date.

Ministry of Finance of the People’s Republic of China

August 10th, 2004



 
Ministry of Finance of the People’s Republic of China
2004-08-10

 







DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON ACCEDING TO THE CONVENTION ON THE SAFETY OF UNITED NATIONS AND ASSOCIATED PERSONNEL

Standing Committee of the National People’s Congress

Decision of the Standing Committee of the National People’s Congress on Acceding to the Convention on the Safety of United Nations
and Associated Personnel

Adopted on August 28th, 2004

The 11th Session of the Standing Committee of the Tenth National People’s Congress decides: the People’s Republic of China accedes
to the Convention on the Safety of United Nations and Associated Personnel, which was adopted at the 49th United Nations Assembly
on December 9th, 1994; and states simultaneously, that the People’ s Republic of China shall make reservation on paragraph 1 of Article
22 of the Convention on the Safety of United Nations and Associated Personnel, and shall not be subject to the restrictions of this
Clause.



 
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 COMPANY 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. 20

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

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 Company Law of the People’s Republic of China as follows:

Paragraph 2 of Article 131 shall be deleted.

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

The Company Law of the People’s Republic of China 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

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON RELEVANT TAX ISSUES CONCERNING THE PILOT JOINT DEVELOPMENT OF BONDED AREAS AND PORT ZONES

State Administration of Taxation

Circular of the State Administration of Taxation on Relevant Tax Issues Concerning the Pilot Joint Development of Bonded Areas and
Port Zones

Guo Shui Fa [2004] No.117

To State tax bureaus of various provinces, autonomous regions, municipalities directly under the Central Government and cities specifically
designated in the state plan:

In accordance with the Official Reply of the General Office of the State Council on Approving the Pilot Joint Development of Shanghai
Waigaoqiao Bonded Area and Port Zone (Guo Shui Han￿￿2003￿￿No.81), it is approved to carry out pilot joint development of Shanghai
Waigaoqiao bonded area and port zone, and, in Waigaoqiao port zone with enclosed fence, to allocate a piece of land covering an
area of 1.03 square meters as logistics zone of Waigaoqiao bonded area (hereinafter referred to as the “bonded logistics zone”).
Related tax policies to be implemented in such bonded logistics zone are hereby released as follows:

1.

A bonded logistics zone is a particular area which is approved by the State Council and administered by the Customs in a closed way.

2.

Goods transported into the bonded logistics zone by enterprises outside the zone (hereinafter referred to as enterprises outside the
bonded logistics zone) shall be regarded as exported goods. Such enterprises shall, upon presentation of goods declaration for exportation
(special for export tax refund) issued by the Customs in conjunction with other required certificates, apply to the competent tax
authority for tax refund (exemption). Enterprises outside the bonded logistics zone as used in these Measures shall refer to enterprises
authorized with the right to import or export (including industry and trade companies engaged in foreign business, foreign-funded
enterprises and productive enterprises with the right to import or export)and productive enterprises which have no right to import
or export but entrust other enterprises with such right to make export declaration.

3.

After receiving the application filed by enterprises outside the bonded logistics zone for tax refund (exemption), the competent tax
authority shall conduct examination and verification in strict compliance with the Circular of the State Administration of Taxation
on Printing and Issuing the Interim Measures on Taxation Administration of Export Processing Zones (Guo Shui Fa￿￿2000￿￿No.155), the
Circular of the State Administration of Taxation on Tax Refund for Water, Electricity and Gas Consumed in Export Processing Zones
(Guo Shui Fa￿￿2002￿￿No.116), the Official Reply of the State Administration of Taxation on Tax Refund for Exportation of Goods and
Materials for Capital Construction in Wuhu Export Processing Zone(Guo Shui Han￿￿2004￿￿No.805)and other pertinent documents, and shall
process the tax refund application after no incompliance and incorrectness has been found in such examination and verification.

4.

With regard to the sales, export and consigned processing of goods by enterprises located in the bonded logistics zone, tax policies
applicable to such enterprises as well as tax administration shall be carried out by applying mutatis mutandis Document Guo Shui
Fa￿￿2000￿￿No.155.

5.

This Circular shall come into effect as of the date when the bonded logistics zone is checked and accepted by the General Administration
of Customs, the State Administration of Taxation and other pertinent departments and is operated in a closed way by the customs.

State Administration of Taxation

September 13, 2004



 
State Administration of Taxation
2004-09-13

 







CIRCULAR OF THE MINISTRY OF LABOR AND SOCIAL SECURITY AND CHINA SECURITIES REGULATORY COMMISSION ON THE RELEVANT ISSUES CONCERNING SECURITIES INVESTMENT OF ENTERPRISE ANNUITY FUND

the Ministry of Labor and Social Security, China Securities Regulatory Commission

Circular of the Ministry of Labor and Social Security and China Securities Regulatory Commission on the Relevant Issues concerning
Securities Investment of Enterprise Annuity Fund

Lao She Bu Fa [2004] No. 25

The labor and social security offices or bureaus of all the provinces, autonomous regions, and municipalities directly under the Central
Government, and the regulatory bureaus under China Securities Regulatory Commission of all the provinces, autonomous regions, municipalities
directly under the Central Government, and cities specifically designated in the state plan, the Shanghai and Shenzhen Stock exchanges,
the China Securities Depository and Clearing Corporation Limited, and the Securities Association of China,

For the purpose of implementing the Several Opinions of the State Council on Pushing forward the Reform and Opening and Stable Development
of Capital Market, ensuring the safety of enterprise annuity fund, maintaining the legitimate rights and interests of the parties
of the enterprise annuity fund management, and promoting the healthy development of enterprise annuity fund, The Circular on the
relevant issues concerning the securities investment of enterprise annuity fund is hereby issued as follows:

I.

The fiduciaries, trustees, and investment custodians shall, in accordance with the Trial Measures for Enterprise Annuity Fund Management,
manage the enterprise annuity fund and engage in securities investment activities.

II.

A trustee shall apply for opening securities account for enterprise annuity fund upon the entrustment of a fiduciary. In light of
each portfolio that is managed by the investment custodian of enterprise annuity fund, the securities account shall be opened in
the joint name of the enterprise annuity plan and the trustee.

III.

A trustee shall be responsible for the clearing and settlement of the capital of enterprise annuity fund entrusted to it. An investment
custodian shall ensure the ordinary operation of the securities transaction of enterprise annuity fund, and assume the settlement
responsibilities for its acts of overbuying and short selling in the course of investment.

IV.

A trustee shall apply for opening a settlement reserve account in its own name in the China Securities Depository and Clearing Corporation
Limited (hereinafter referred to as the China Clearing Corporation) for clearing and settling the capital of all the funds (including
enterprise annuity fund) entrusted to it.

V.

An investment custodian shall lease or arrange special seats for securities transaction of enterprise annuity fund for different trustees.

VI.

A trustee and an investment custodian shall timely obtain the settlement data of securities transaction of enterprise annuity fund
from the stock exchange and the China Clearing Corporation, and shall check with the stock exchange and the China Clearing Corporation
in time if any mistake is discovered in the data.

VII.

As a contact person for information disclosure of a stock exchange, a trustee shall, in accordance with the requirements of the business
rules of a stock exchange, report the relevant materials and remind the fiduciary of fulfilling the obligation of information disclosure
in time.

VIII.

A fiduciary, trustee, and investment custodian shall, in accordance with the Business Guide for the Depository and Clearing of Securities
Investment of Enterprise Annuity Fund (See the Annex), carry out management on securities account concerning enterprise annuity fund
and the relevant businesses of securities depository, custody and settlement, etc.

IX.

The Ministry of Labor and Social Security shall regularly or irregularly conduct supervision over and inspection on fiduciaries, trustees
and investment custodians for their implementation of the aforesaid provisions.

X.

The present Circular shall be applicable to other social securities funds that may be used for securities investment as prescribed
in other regulations as of the date of its promulgation.

Annex: Business Guide for the Depository and Clearing of Securities Investment of Enterprise Annuity Fund

Ministry of Labor and Social Security and China Securities Regulatory Commission

September 29, 2004 Annex:Business Guide for the Depository and Clearing of Securities Investment of Enterprise Annuity Fund

Article 1

For the purpose of facilitating the participation of enterprise annuity fund in the investment activities in the securities market,
ensuring the safety of fund assets, and protecting the legal rights and interests of employees, the present Business Guide is formulated
in accordance with the state laws and regulations, the Trial Measures on Enterprise Annuity, the Trial Measures on Enterprise Annuity
Fund Management, and in light of the relevant provisions of China Securities Regulatory Commission (hereinafter referred to as the
CSRC) and the relevant business rules of the China Securities Depository and Clearing Corporation Limited (hereinafter referred to
as the China Clearing Corporation).

Article 2

The present Business Guide shall be applicable to the management on securities accounts concerning the investment of enterprise annuity
fund and the relevant securities depository, custody and clearing, and other businesses.

Article 3

The securities account of enterprise annuity fund shall be opened by the trustee of enterprise annuity plan (hereinafter referred
to as the “trustee”) directly at the Shanghai and Shenzhen branches of the China Clearing Corporation (hereinafter referred to as
the China Clearing Corporation uniformly).

Article 4

When opening a securities account of enterprise annuity fund, a trustee shall provide the following materials:

1.

The application Form for Registration of Securities Account of an Institution;

2.

The original copy and photocopy of the letter of confirmation (including registration number) on enterprise annuity plan as issued
by the regulatory institutions of enterprise annuity fund under the labor security department;

3.

The power of attorney from the fiduciary of the enterprise annuity plan to the trustee (hereinafter referred to as the “fiduciary”);

4.

The photocopies of the certificate of the legal representative of the trustee and the valid identification document of the legal representative;

5.

The power of attorney of the legal representative or the documents of approval of the parent bank on the qualification of its branch
bank for their launching enterprise annuity fund custody business;

6.

The photocopy of the business license of the trustee with his/its seal of authorization;

7.

The original copy of the trusteeship agreement concluded between the fiduciary and the trustee;

8.

The original copy and photocopy of the valid identification documents of the handling agent; and

9.

Other materials as required by the China Clearing Corporation.

Article 5

A trustee shall, when filling in the Application Form for Registration of Securities Account of an Institution, fill in the item of
“name of the holder” with “**enterprise annuity plan plus the name of the trustee and the item of “number of identification documents”
with “registration number in the letter of confirmation of enterprise annuity plan as issued by the regulatory institution of enterprise
annuity fund under the labor security department”. The name of enterprise annuity plan and the registration number shall be filled
in according to item (2) of Article 4 of the present Business Guide. Ten securities accounts may be opened separately in different
markets for a single enterprise annuity fund, except the case that any more securities account is approved by the CSRC and the Ministry
of Labor and Social Security.

Article 6

The China Clearing Corporation may open an account after examining the materials as prescribed in Article 4 of the present Business
Guide and if there is no mistake in them, and shall keep the original copy or photocopy of the prescribed documents.

Article 7

In case a trustee applies for inquiring about the registration materials of a securities account, alteration, reporting the loss of
account card and its makeup, writing off the account or for other businesses, it shall handle it with reference to the relevant provisions
of the Rules of the China Securities Depository and Clearing Corporation Limited for Securities Account Management. Articles 8 and
9 of the present Business Guide shall be followed for the alteration of the trustee of enterprise annuity plan.

Article 8

After a trustee of an enterprise annuity plan is altered, a new trustee shall be entrusted to apply for handling the alteration of
registration materials of securities account. An applicant shall submit the following materials:

1.

The application Form for Alteration of Registration Materials of Securities Accounts;

2.

The power of attorney from a fiduciary to a trustee;

3.

The photocopy of the certificate of legal representative of a trustee and the valid identification document of the legal representative;

4.

The power of attorney of the legal representative of a trustee or documents of approval of the parent bank for the qualification of
its branch bank for its launching enterprise annuity fund trusteeship business;

5.

The photocopy of the business license of a trustee with its seal of authorization;

6.

The original copy of the trusteeship agreement concluded by a fiduciary and a new trustee;

7.

The securities account card;

8.

The letter of confirmation for rescinding trusteeship relations as issued by the former trustee;

9.

The original copy and photocopy of the valid identification documents of the handling agent; and

10.

Other materials as required by the China Clearing Corporation.

Article 9

In case the trustee for enterprise annuity plan is altered, the China Clearing Corporation may alter the registration materials of
the securities account after examining the materials as prescribed in Article 8 of the present Business guide and if there is no
mistake in them, and shall keep the original copy or photocopy of the prescribed documents.

Article 10

When applying for handling the relevant account business, a trustee shall pay the corresponding fees according to the charging standard
for the account of relevant institutions of the China Clearing Corporation.

Article 11

As a participant in the clearing of the China Clearing Corporation (hereinafter referred to as the “clearing participant”), a trustee
shall complete capital clearing and settlement with a net amount of such securities transactions under its trusteeship as the total
enterprise annuity funds. For acts of overbuying and short selling occurred during the investment operation of enterprise annuity
fund, a trustee shall be responsible for prosecuting the relevant responsible person for the corresponding settlement liabilities,
and report to the relevant regulatory departments.

Article 12

Before handling the clearing business, a clearing participant shall conclude a clearing agreement with the China Clearing Corporation,
specifying the rights and obligations of each party.

Article 13

A clearing participant shall open a sole settlement reserve account in its own name at the China Clearing Corporation, and through
the account complete the capital clearing business of all the funds under its trusteeship (excluding QFII) with a net amount. As
one part of the trust fund, the enterprise annuity fund shall be brought into the settlement reserve account of the clearing participant
for clearing with a single net amount.

Article 14

A clearing participant shall preserve the designated fee-collection account at the China Clearing Corporation and receive the fund
transferred from the settlement reserve account through the account. The name of the designated fee-collection account shall be in
conformity with that of the clearing participant.

Article 15

In case there is any alteration on the name of the clearing participant, the designated gathering account, the entrusted enterprise
annuity fund and other information, the clearing participant shall provide the corresponding materials to the China Clearing Corporation
in time and handle formalities for alteration of clearing account.

Article 16

In case any clearing participant who has opened the settlement reserve account newly increases entrusted enterprise annuity fund,
it shall submit to the China Clearing Corporation the power of attorney from a fiduciary. The newly increased enterprise annuity
fund of a trustee and other fund under his/its trusteeship shall participate in the clearing of single net amount of the settlement
reserve account of the clearing participant together.

Article 17

After a fiduciary alters a trustee, the newly appointed trustee shall open a settlement reserve account in the China Clearing Corporation
in accordance with the provisions of Articles 11, 12, 13 of the present Business guide, or implement according to Article 16 of
the present Business guide.

Article 18

For the enterprise annuity fund under the trusteeship of a clearing participant, the China Clearing Corporation shall check and ratify
the corresponding minimum clearing reserve in accordance with the relevant provisions on the management of clearing reserve. The
balance at the end of a day in the clearing reserve account of a clearing participant shall not be lower than the minimum amount
of clearing reserve as checked and ratified by the China Clearing Corporation.

Article 19

The securities transactions on enterprise annuity fund shall be carried out through special transaction seats. After the market is
closed in each transaction day (T day), the China Clearing Corporation shall compute the amount of securities receivable and payable
in the securities account of enterprise annuity fund, and produce the securities clearing data on the basis of the amount of transactions
and other data of the securities account of special transaction seat of enterprise annuity fund of stock exchange in the T day; and
compute the net amount of capital receivable or payable by the clearing participant on the basis of the transaction amount and other
data of all the funds under the trusteeship of the clearing participant in the T day to determine the relevant settlement liabilities.

Article 20

After completing the clearing in T day, the China Clearing Corporation shall store the securities and capital clearing data in the
current day into the clearing system as the basis and instructions for settlement of securities and capital of the clearing participant,
and the clearing participant shall obtain such data from the system of the China Clearing Corporation timely.

The China Clearing Corporation shall be regarded as having notified the clearing participant of the settlement instruction unless
when a clearing participant is unable to obtain the relevant data due to the reason of the system of the China Clearing Corporation.

Article 21

A clearing participant shall perform the settlement obligations in a timely manner in light of the instruction of the China Clearing
Corporation for settlement of securities and capital. If a clearing participant has any objection to the clearing data provided by
the China Clearing Corporation, it shall represent it to the China Clearing Corporation in a timely manner. If there is a real clearing
error after being checked by the China Clearing Corporation, the China Clearing Corporation shall correct it, but the clearing participant
may not refuse to perform or delay the performance of the settlement obligations of the current day because of this.

Article 22

The China Clearing Corporation shall, in light of the current business regulations and on the basis of the clearing data at the T
day, complete the settlement of securities and capital that are finally irrevocable with the clearing participant on the T+1 day.

Article 23

A clearing participant shall pay clearing mutual insurance fund as required in light of the principle of bearing risk together in
order to prevent the clearing risk. The provisions of the China Clearing Corporation shall be followed for the payment and deposit,
adjustment, management and use of the clearing mutual insurance fund.

Article 24

The China Clearing Corporation shall collect securities clearing risk fund from the clearing participants as an agent in accordance
with the provisions of the Interim Measures for the Management of Securities Clearing Risk Fund as promulgated by the CSRC and the
Ministry of Finance.

Article 25

Any overdraft occurred in the settlement reserve account of a clearing participant shall be deemed as breach of contract in capital
settlement. The China Clearing Corporation may take the following measures against its breach of contract in capital settlement:

1.

According to the amount of overdraft of the clearing participant, computing the interests on the overdraft and the fine for breach
of contract in light of the relevant provisions of the China Clearing Corporation.

2.

The clearing participant may, before 15:00 o’clock of the transaction date (T+1 day), file an application with the China Clearing
Corporation for detaining the securities for overdraft, and specify the overdraft fund securities account entrusted by it and the
amount of overdraft. The China Clearing Corporation shall detain the securities by turn from the back to the front according to the
order of buying the securities as designated by it in the overdraft fund securities account, until the market value of the securities
detained has reached 120% of the amount of overdraft (the market value of the securities shall be computed at the closing price of
the day, the same hereinafter). In case the value of all the securities in the fund securities account is less than 120% of the amount
of overdraft, all the securities in the fund securities account shall be detained.

In case the clearing participant fails to designate the overdraft fund, the China Clearing Corporation shall have be enpost_titled to determine
by itself not to deliver the securities that are equal to 120% market value of the amount of overdraft.

3.

Any overdraft of capital settlement caused by the clearing participant shall be registered as the bad business record of the clearing
participant by the China Clearing Corporation;

4.

Reporting the overdraft of capital settlement to the CSRC in a timely manner. And

5.

Asking the stock exchange to restrict or suspend the buying of securities in the overdraft fund securities account as designated by
the clearing participant.

Article 26

In case any short selling occurs in the fund securities account entrusted by a clearing participant, it shall be deemed as breach
of contract by the clearing participant in securities settlement. The China Clearing Corporation may not pay the capital equivalent
to the short selling price temporarily on the T+ 1 day, and shall compute and collect the fine for breach of contract on the basis
of the short selling price in accordance with the relevant provisions of the China Clearing Corporation. If the short selling securities
have been made up within two transaction days, the China Clearing Corporation may rescind the temporary detainment on the short selling
price. Or else, the China Clearing Corporation shall buy securities equal to the amount of short selling with the capital detained
temporarily, and the gains and losses occurred thereby shall be traced back by the clearing participant to the party liable or returned
by the clearing participant.

Article 27

The China Clearing Corporation shall have the right to make special monitoring on the clearing participants with higher clearing risks,
and may take measures to raise the amount of payment of clearing mutual insurance fund, if necessary, and adjust the proportion and
time of payment and deposit of minimum clearing reserve, so as to prevent the relevant risks effectively.

Article 28

In case a clearing participant applies for writing off its settlement reserve account, he/it may, after settling the creditor’s rights
and debts related to securities depository and clearing with the China Clearing Corporation, apply to the China Clearing Corporation
for transferring and paying the balance of clearing reserve and the balance of clearing mutual insurance fund.

Article 29

The power to interpret the present Business Guide shall remain with the China Clearing Corporation.



 
the Ministry of Labor and Social Security, China Securities Regulatory Commission
2004-09-29

 







CIRCULAR OF MINISTRY OF EDUCATION ON ISSUING MEASURES ON PUTTING ON RECORD OF PROJECT AND NUMBERING OF PROJECT APPROVAL LETTER OF CHINESE-FOREIGN COOPERATION IN RUNNING SCHOOLS (FOR TRIAL IMPLEMENTATION)

Ministry of Education

Circular of Ministry of Education on Issuing Measures on Putting on Record of Project and Numbering of Project Approval Letter of
Chinese-foreign Cooperation in Running Schools (For Trial Implementation)

Jiao Wai Zong [2004] No. 73

The education departments (the education committees) of all the provinces, autonomous regions and municipalities directly under the
Central Government,

We hereby print and distribute the Circular on Issuing Measures on Putting on Record of Project and Numbering of Project Approval
letter of Chinese-foreign Cooperation in Running Schools (For Trial Implementation) to you. Please carry it out correspondingly.

Appendix: Measures on Putting on Record of Project and Numbering of Project Approval Letter of Chinese-foreign Cooperation in Running
Schools (For Trial Implementation)

Ministry of Education

October 12, 2004 Appendix:Measures on Putting on Record of Project and Numbering of Project Approval Letter of Chinese-foreign Cooperation in Running Schools
(For Trial Implementation)

Article 1

The present Measures are formulated in accordance with Regulations of the People’s Republic of China on Chinese-foreign Cooperation
in Running Schools (hereinafter referred as to “Regulations on Chinese-foreign Cooperation in Running Schools”) and Measures for
the Implementation of Regulations of the People’s Republic of China on Chinese-foreign Cooperation in Running Schools (hereinafter
referred as to “Measures for the Implementation of Regulations on Chinese-foreign Cooperation in Running Schools”).

Article 2

The procedures and norms of the putting on record of project and numbering of project approval letter of Chinese-foreign cooperative
schools approved to run according to laws by the educational administrative departments of the people’s government of various provinces,
autonomous regions and municipalities directly under the Central Government should apply the present Measures.

The norms of the numbering of project approval letters of Chinese-foreign cooperative schools approved to run according to laws by
the educational administrative department of the State Council should apply the present Measures.

Article 3

The numbering of project approval letter of Chinese-foreign cooperation in running schools is consist of eight parts combined by letters
and numbers, which shall contain the examination and approval authorities, administrative division where it is located, school level
and nature , serial number and other contents of the institution of Chinese-foreign cooperation in running schools. The first part
(three letters) is the code of the examination and approval authorities, which respectively represent the educational administrative
department of the State Council and the educational administrative departments at the provincial level; The second part (two numbers)
is the code of administrative division; The third part (two letters) is the code of the country and region where foreign educational
institutions are located; The fourth part (one number) represents the level of running schools; The fifth part (one letter) is for
differentiation of the academic degree education and the non-academic degree education; The sixth part (four numbers) means the year
of examination and approval; The seventh part (four numbers) is the serial number of the project of national Chinese-foreign cooperation
in running schools; The eighth part (one letter) is for differentiation of the project of Chinese-foreign cooperation in running
schools established before or after the implementation of Regulations on Chinese-foreign Cooperation in Running Schools and Measures
for the Implementation of Regulations on Chinese-foreign Cooperation in Running Schools.

Article 4

The project approval letter of Chinese-foreign cooperative schools to be run according to laws should be numbered unifiedly by the
educational administrative department of the State Council and the serial number is exclusive.

Article 5

Chinese-foreign cooperative schools approved to run according to laws by the educational administrative departments of the people’s
government of various provinces, autonomous regions and municipalities directly under the Central Government should be reported by
that department to the educational administrative department of the State Council for record and submit the application for the serial
number of project approval letter of Chinese-foreign cooperation in running schools.

Article 6

The educational administrative departments of the people’s government of various provinces, autonomous regions and municipalities
directly under the Central Government should submit the application in accordance with the samples attached to the present Measures
and meanwhile submit the copy and mdb e-copy of the Application Form of Chinese-foreign Cooperation in Running Schools of the project
of Chinese-foreign cooperative schools approved to run.

The educational administrative department of the State Council should carry out registration and putting on record and finish the
work of numbering within 7 working days after receiving the application.

Article 7

In accordance with the serial number checked by the educational administrative department of the State Council, the educational administrative
departments of the people’s government of various provinces, autonomous regions and municipalities directly under the Central Government
issue the project approval letter of Chinese-foreign cooperation in running schools to the institutions of Chinese-foreign cooperative
schools approved to run according to laws.

Article 8

In the event of violation of the provisions of Regulations on Chinese-foreign Cooperation in Running Schools and Measures for the
Implementation of Regulations on Chinese-foreign Cooperation in Running Schools, or in case that the project of the Chinese-foreign
cooperation in running schools is examined and approved beyond authority, educational administrative department of the State Council
may not put on record.

Where the project of Chinese-foreign cooperation in running schools approved by the educational administrative departments of the
people’s government of various provinces, autonomous regions and municipalities directly under the Central Government obviously violates
the provisions of Regulations on Chinese-foreign Cooperation in Running Schools and Measures for the Implementation of Regulations
on Chinese-foreign Cooperation in Running Schools, it may not be put on record for the time being, and the department and bureau
of the State Council in charge of the educational administrative department shall suggest the examination and approval authorities
to rectify by themselves.

Article 9

Putting on record and numbering of approval letter of the cooperative project in running schools run by educational institutions in
the Mainland and the educational institutions in Hong Kong SAR, Macao SAR and Taiwan should be implemented in accordance with the
present Measures.

Article 10

The interpretation of the present Measures should be vested in the educational administrative department of the State Council and
be effective as of the date of promulgation.

Appendix:

1.

The Sample of Report of Application for Putting on Record;

2.

The Sample of Replying Letter for Approval of Putting on Record;

3.

The Sample of Replying Letter for Not Putting on Record for the Time Being. htm/e03621.htmSample of Application Report for Numbering ￿aa￿Zi

￿￿

￿￿

Sample of Application Report for Numbering
￿aa￿Zi [200￿￿ No. ￿aa￿/font>

￿￿

The Report on Register Numbering of Project of Chinese-foreign Cooperation in Running Schools (Project of Mainland-Hong Kong, Macao
and Taiwan Cooperation in Running Schools)

￿￿

Department of International Cooperation and Exchanges of Ministry of Education:
￿￿￿￿Upon deliberation, this department (commission) approves that ￿aa￿(herein referred to as Chinese educational institutions or Mainland
educational institutions) and ￿aa￿(herein referred to as foreign educational institutions or Hong Kong, Macao and Taiwan educational
institutions) cooperate in running ￿aa￿(project), offering ￿aaaaa￿ducation (the school-running level shall be made sure
and education for academic qualifications shall be differentiated from education for non-academic qualifications). In accordance
with Regulations on Chinese-foreign Cooperation in Running Schools and Measures for the Implementation of Regulations on Chinese-foreign
Cooperation in Running Schools, please put it on record and determine the license numbering of Chinese-foreign cooperation in running
schools project (license numbering of the project of Mainland-Hong Kong, Macao and Taiwan cooperation in running schools).
￿￿￿￿Appendices:
￿￿￿￿1. The Copy of Application Form of Project of Chinese-foreign Cooperation in Running Schools (or Application Form of Project of Mainland-Hong
Kong, Macao and Taiwan Cooperation in Running Schools)
￿￿￿￿2. mdb E-document of Application Form of Project of Chinese-foreign Cooperation in Running Schools (or Application Form of Project
of Mainland-Hong Kong, Macao and Taiwan Cooperation in Running Schools)

￿￿

The Education Department (Commission) of ￿aaaaa￿rovinces (autonomous regions, municipalities directly under the Central Government)
￿a￿onth￿a￿ay￿a￿ear
Contact Person:
Contact Telephone:
Address:
Post Code:

￿￿

Sample of Reply of Approval of Numbering
Jiao Wai Si Zong [200￿￿ No. ￿aa￿/font>

￿￿

The Reply of Register Numbering of Project of Chinese-foreign Cooperation in Running Schools (Project of Mainland-Hong Kong, Macao
and Taiwan Cooperation in Running Schools)

￿￿

The Education Department (Commission) of ￿a￿rovinces (autonomous regions, municipalities directly under the Central Government):
￿￿￿￿￿aa￿Zi [200￿￿ No. ￿aa￿was learned.
￿￿￿￿In accordance with Regulations on Chinese-foreign Cooperation in Running Schools and Measures for the Implementation of Regulations
on Chinese-foreign Cooperation in Running Schools, the Project of Chinese-foreign Cooperation in Running Schools (Project of Mainland-Hong
Kong, Macao and Taiwan Cooperation in Running Schools) submitted by your department (commission) –￿aaaaa￿is approved to put
on record. The license numbering of project of Chinese-foreign cooperation in running schools (license numbering of project of Mainland-Hong
Kong, Macao and Taiwan cooperation in running schools) is determined to be: ￿aaaaa￿
￿￿￿￿It is hereby replied.

Department of International Cooperation and Exchanges of Ministry of Education
￿a￿onth￿a￿ay￿a￿ear

￿￿

Sample of Reply of Disapproval of Numbering for the Time Being
Jiao Wai Si Zong [200￿￿ No. ￿aa￿/font>

￿￿

The Reply of Register Numbering of Project of Chinese-foreign Cooperation in Running Schools (Project of Mainland-Hong Kong, Macao
and Taiwan Cooperation in Running Schools)

￿￿

The Education Department (Commission) of ￿a￿rovinces (autonomous regions, municipalities directly under the Central Government):
￿￿￿￿￿aa￿Zi [200￿￿ No. ￿aa￿is accepted.
￿￿￿￿After verification, the Project of Chinese-foreign Cooperation in Running Schools (Project of Mainland-Hong Kong, Macao and Taiwan
Cooperation in Running Schools) submitted by your department (commission) –￿aaaaa￿fails to accord with Article ￿a￿of Regulations
on Chinese-foreign Cooperation in Running Schools and (or) Article ￿a￿of Measures for the Implementation of Regulations on Chinese-foreign
Cooperation in Running Schools. ￿aaaaa￿(the statement for disapproval shall be given), so we have decided not to put it on
record for the time being and suggest your department (commission) to file another application for putting on record after rectification.
￿￿￿￿It is hereby replied.

Department of International Cooperation and Exchanges of Ministry of Education
￿a￿onth￿a￿ay￿a￿ear




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...