Brazilian Laws

THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION NOTICE ABOUT ADJUSTING PERTINENT POLICIES ON TAX REDUCTION AND EXEMPTION CONCERNING HOUSE TAX

Ministry of Finance, State Administration of Taxation

The Ministry of Finance and the State Administration of Taxation Notice about Adjusting Pertinent Policies on Tax Reduction and Exemption
Concerning House Tax

Cai Shui [2004] No. 140

The finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, cities
directly under separate state planning, local tax bureaus, the Finance Bureau of Xinjiang Production and Construction Corps:

With a view to regulating the revenue policies and to further strengthening the administration on the collection of house taxes, it
was decided upon discussion that the Interpretations and Interim Provisions of the Ministry of Finance and the State Administration
of Taxation on Some Specific Issues Concerning the House Tax (Cai Shui Di Zi Di [86] No. 008) shall be partially amended in an appropriate
way, that is, to abolish Article 18 which provides that the house properties of a slightly profitable enterprise or loss-making
enterprise “may be exempted from the house tax within a certain period upon the decision made by the local tax bureau in light of
the actual circumstances” and Article 20 which provides that “after an enterprise stops production or is cancelled, if the house
properties formerly owned by it are left unused, it may be exempted from the house tax temporarily upon approval of the tax bureau
of the province, autonomous region or municipality directly under the Central Government.”

The Ministry of Finance and the State Administration of Taxation

August 19, 2004



 
Ministry of Finance, State Administration of Taxation
2004-08-19

 







PROTECTION OF WILDLIFE LAW

Law of the People’s Republic of China on the Protection of Wildlife

(Adopted at the Fourth Meeting of the Standing Committee of the Seventh National People’s Congress on November 8,
1988 and promulgated by Order No.9 of the President of the People’s Republic of China on November 8, 1988; amended according to the
Decision on Amending the Law of the People’s Republic of China on the Protection of Wildlife, adopted at the 11th Meeting of the
Standing Committee of the Tenth National People’s Congress on August 28, 2004) 

Contents 

Chapter I     General Provisions 

Chapter II    Protection of Wildlife 

Chapter III   Administration of Wildlife 

Chapter IV    Legal Liabilities 

Chapter V     Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  This Law is formulated for the purpose of protecting and saving the species of wildlife which are rare or near extinction,
protecting, developing and rationally utilizing wildlife resources and maintaining ecological balances. 

Article 2  All activities within the territory of the People’s Republic of China concerning the protection, domestication, breeding,
development and utilization of species of wildlife must be conducted in conformity with this Law.     

The wildlife protected under this Law refers to the species of terrestrial and aquatic wildlife which are rare or near extinction
and the species of terrestrial wildlife which are beneficial or of important economic or scientific value. 

The wildlife referred to in the provisions of this Law means the wildlife which shall enjoy protection as prescribed in the preceding
paragraph. 

As regards the protection of the species of aquatic wildlife other than those which are rare or near extinction, the provisions of
the Fisheries Law shall apply. 

Article 3  Wildlife resources shall be owned by the State. 

The state protects the lawful rights and interests of units and individuals engaged in the development or utilization of wildlife
resources according to law. 

Article 4  The State pursues a policy of strengthening the protection of wildlife resources, actively domesticating and breeding
the species of wildlife, and rationally developing and utilizing wildlife resources, and encourages scientific research on wildlife. 

Units and individuals that have made outstanding achievements in the protection of wildlife resources, in scientific research on
wildlife, or in the domestication and breeding of wildlife shall be awarded by the government. 

Article 5  Citizens of the People’s Republic of China shall have the duty to protect wildlife resources and the right to inform
the authorities of or file charges against acts of seizure or destruction of wildlife resources. 

Article 6  The governments at various levels shall strengthen the administration of wildlife resources and formulate plans and
measures for the protection, development and rational utilization of wildlife resources. 

Article 7  The departments of forestry and fisheries administration under the State Council shall be respectively responsible
for the nationwide administration of terrestrial and aquatic wildlife. 

The departments of forestry administration under the governments of provinces, autonomous regions and municipalities directly under
the Central Government shall be responsible for the administration of terrestrial wildlife in their respective areas.  The departments
in charge of the administration of terrestrial wildlife under the governments of autonomous prefectures, counties and municipalities
shall be designated by the governments of provinces, autonomous regions or municipalities directly under the Central Government. 

The departments of fishery administration under the local governments at or above the county level shall be responsible for the administration
of aquatic wildlife in their respective areas. 

Chapter II 

Protection of Wildlife 

Article 8  The State protects wildlife and the environment for its survival, and prohibits the illegal hunting, catching or
destruction of wildlife by any unit or individual. 

Article 9  The State gives special protection to the species of wildlife which are rare or near extinction.  The wildlife
under special state protection shall consist of two classes: wildlife under first class protection and wildlife under second class
protection.  Lists or revised lists of wildlife under special state protection shall be drawn up by the administrative department
for wildlife under the state Council and announced after being submitted to and approved by the State Council. 

The wildlife under special local protection, being different from the wildlife under special state protection, refers to the wildlife
specially protected by provinces, autonomous regions or municipalities directly under the Central Government. Lists of wildlife under
special local protection shall be drawn up and announced by the governments of provinces, autonomous regions or municipalities directly
under the Central Government and shall be submitted to the State Council for the record. 

Lists or revised lists of terrestrial wildlife under state protection, which are beneficial or of important economic or scientific
value, shall be drawn up and announced by the administrative department for wildlife under the State Council. 

Article 10  The administrative department for wildlife under the State Council and governments of provinces, autonomous regions
and municipalities directly under the Central Government shall, in the main districts and water areas where wildlife under special
state or local protection lives and breeds, designate nature reserves and strengthen the protection and administration of wildlife
under special state or local protection and the environment for its survival. 

The designation and administration of nature reserves shall be effected in accordance with the relevant provisions of the State Council. 

Article 11  Administrative departments for wildlife at various levels shall keep watch on  and monitor the impact of the
environment on wildlife. If the environmental impact causes harm to wildlife, the administrative departments for wildlife shall conduct
investigation and deal with the matter jointly with the departments concerned. 

Article 12  If a construction project produces adverse effects on the environment for the survival of wildlife under special
state or local protection, the construction unit shall submit a report on the environmental impact.  The department of environmental
protection shall, in examining and approving the report, seek the opinion of the administrative department for wildlife at the same
level.  

Article 13  If natural disasters present threats to wildlife under special state or local protection, the local governments
shall take timely  measures to rescue them. 

Article 14  If the protection of wildlife under special state or local protection causes losses to crops or other losses, the
local governments shall make compensation for them. Measures for such compensation shall be formulated by the governments of provinces,
autonomous regions and municipalities directly under the Central Government.  

Chapter III 

Administration of Wildlife 

Article 15  The administrative departments for wildlife shall regularly carry out surveys of wildlife resources and keep records
of them. 

Article 16  The hunting, catching or killing of wildlife under special state protection shall be prohibited. Where the catching
or fishing for wildlife under first class state protection is necessary for scientific research, domestication and breeding, exhibition
or other special purposes, the unit concerned must apply to the administrative department for wildlife under the State Council for
a special hunting and catching license; where the catching or hunting of wildlife under second class state protection is intended,
the unit concerned must apply to the relevant administrative department for wildlife under the government of a province, an autonomous
region or a municipality directly under the Central Government for a special hunting and catching license. 

Article 17  The State encourages the domestication and breeding of wildlife. 

Anyone who intends to domesticate and breed wildlife under special state protection shall obtain a license. Administrative measures
for such licenses shall be formulated by the administrative department for wildlife under the State Council. 

Article 18  Anyone who intends to hunt or catch wildlife that is not under special state protection must obtain a hunting license 
and observe the hunting quota assigned. 

Anyone who intends to hunt with a gun must obtain a gun license from the public security organ of the county or municipality concerned. 

Article 19  Anyone engaged in the hunting or catching of wildlife shall observe the prescriptions in his special hunting and
catching license or  his hunting license with respect to the species, quantity, area and time limit. 

Article 20  In nature reserves and areas closed to hunting, and during seasons closed to hunting, the hunting and catching of
wildlife and other activities which are harmful to the living and breeding of  wildlife shall be prohibited. 

The areas and seasons closed to hunting as well as the prohibited hunting gear and methods shall be specified by governments at or
above the county level or by the administrative departments for wildlife under them. 

Article 21  The hunting or catching of wildlife by the use of military weapons, poison or explosives shall be prohibited. 

Measures for the control of the production, sale and use of hunting rifles and bullets shall be formulated by the department of forestry
administration under the State Council jointly with the public security department, and shall enter into force after being submitted
to and approved by the State Council. 

Article 22  The sale and purchase of wildlife under special state protection or the products thereof shall be prohibited. Where
the sale, purchase or utilization of wildlife under first class state protection or the products thereof is necessary for scientific
research, domestication and breeding, exhibition or other special purposes, the unit concerned must apply for approval by the administrative
department for wildlife under the State Council or by a unit authorized by the same department. Where the sale, purchase or utilization
of wildlife under second class state protection or the products thereof is necessary, the unit concerned must apply for approval
by the administrative department for wildlife under the government of the relevant province, autonomous region or municipality directly
under the Central Government or by a unit authorized by the same department. 

Units and individuals that domesticate and breed wildlife under special state protection may, by presenting their domestication and
breeding licenses, sell wildlife under special state protection or the products thereof, in accordance with the relevant regulations,
to purchasing units designated by the government. 

The administrative authority for industry and commerce shall exercise supervision and control over wildlife or the products thereof
that are placed on the market. 

Article 23 The transportation or carrying of wildlife under special state protection or the products thereof out of any county must
be approved by the administrative department for wildlife under the government of the relevant province, autonomous region or municipality
directly under the Central Government, or by a unit authorized by the same department. 

Article 24  The export of wildlife under special state protection or the products thereof, and the import or export of wildlife
or the products thereof, whose import or export is restricted by international conventions to which China is a party, must be approved
by the administrative department for wildlife under the State Council or by the State Council, and an import or export permit must
be obtained from the state administrative organ in charge of the import and export of the  species which are near extinction.
The Customs shall clear the imports or exports after examining the import or export permit. 

The export of the species of wildlife involving scientific and technological secrets shall be dealt with in accordance with relevant
provisions of the State Council.  

Article 25  The forgery, sale or resale or transfer of special  hunting and catching licenses, hunting licenses, domestication
and breeding licenses, and import and export permits shall be prohibited. 

Article 26  Where any foreigner intends, in the territory of China, to make surveys of or to film or videotape wildlife under
special state protection in the field, he must apply for approval by the administrative department for wildlife under the State Council
or by a unit authorized by the same department. 

The establishment of hunting grounds open to foreigners shall be registered with the administrative department for wildlife under
the State Council.       

Article 27  Anyone engaged in the utilization of wildlife or the products thereof shall pay a fee for the protection and administration
of wildlife resources. The schedule of the fee and the procedure for collecting it shall be formulated by the administrative department
for wildlife under the State Council jointly with the financial and pricing authorities and shall enter into force after being submitted
to and approved by the State Council. 

Article 28  Anyone who has caused losses to crops or other losses while hunting or catching wildlife shall be held responsible
for compensation. 

Article 29  The local governments concerned shall take measures to prevent and control the harm caused by wildlife so as to
guarantee the safety of human beings and livestock and ensure agricultural and forestry production. 

Article 30  The administrative measures for wildlife under special local protection and for other wildlife that is not under
special state protection shall be formulated by the standing committees of the people’s congresses of provinces, autonomous regions
and municipalities directly under the Central Government. 

Chapter IV 

Legal Liabilities 

Article 31  Anyone who illegally catches or kills wildlife under  special state protection shall be prosecuted for criminal
responsibility in accordance with the supplementary provisions on punishing the crimes of catching  or killing the species of
wildlife under special state protection which are rare or near extinction. 

Article 32  If anyone, in violation of the provisions of this Law, hunts or catches wildlife in an area or during a season closed
to hunting or uses prohibited hunting gear or methods for the purpose, his catch, hunting gear and unlawful income shall be confiscated
and he shall be fined by the administrative department for wildlife; if the circumstances are serious enough to constitute a crime,
he shall be prosecuted for criminal responsibility  in accordance with the provisions of Article 130 of the Criminal Law. 

Article 33  If anyone, in violation of the provisions of this Law, hunts or catches wildlife without a hunting license or in
violation of the prescriptions of the hunting license,  his catch and unlawful income shall be confiscated and he shall be fined
by the administrative department for wildlife and, in addition, his hunting gear may be confiscated and his hunting license revoked. 

If anyone, in violation of the provisions of this Law, hunts wildlife with a hunting rifle without a license for the rifle, he shall
be punished by a public security organ by applying mutatis mutandis the provisions of the Regulations on Administrative Penalties
for Public Security. 

Article 34  If anyone, in violation of the provisions of this Law, destroys in nature reserves or areas closed to hunting the
main places where wildlife under special state or local protection lives and breeds, he shall be ordered by the administrative department
for wildlife to stop his destructive acts and restore these places to their original state within a prescribed time limit, and shall
be fined. 

Article 35  If anyone, in violation of the provisions of this Law, sells, purchases, transports or carries wildlife under special
state or local protection or the products thereof, such wildlife and products and his unlawful income shall be confiscated by the
administrative authority for industry and commerce and he may concurrently be fined. 

If anyone, in violation of the provisions of this Law, sells or purchases wildlife under special state protection or the products
thereof, and if the circumstances are serious enough to constitute a crime of speculation or smuggling, he shall be prosecuted for
criminal responsibility according to the relevant provisions of the Criminal Law. 

The wildlife or the products thereof thus confiscated shall, in accordance with the relevant provisions, be disposed of by the relevant
administrative department for wildlife or by a unit authorized by the same department. 

Article 36  If anyone illegally imports or exports wildlife or the products thereof, he shall be punished by the Customs according
to the Customs Law; if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility
in accordance with the provisions of the Criminal Law on the crimes of smuggling. 

Article 37  If anyone forges, sells or resells or transfers a special hunting and catching license, a  hunting license,
a domestication and  breeding license, or an import or export permit, his license or permit shall be revoked and his unlawful
income shall be confiscated and he may concurrently be fined by the relevant administrative department for wildlife or the administrative
authority for industry and commerce. 

If anyone who forges or sells or resells a special hunting and catching license or an import or export permit, and if the circumstances
are serious enough to constitute a crime, he shall be prosecuted for  criminal responsibility by applying mutatis mutandis the
provisions of Article 167 of the Criminal Law. 

Article 38  Any staff member of a administrative department for wildlife who neglects  his duty, abuses his power or engages
in malpractices for personal gains shall be subject to administrative sanctions by the  department to which he belongs or by
the competent authority at a higher level; if the circumstances are serious enough to constitute a crime, he shall be prosecuted
for criminal responsibility according to law. 

Article 39  Any party who is dissatisfied with the decision on an administrative sanction may, within 15 days of receiving the 
notification on the sanction, make a request for reconsideration to the authority at the level next higher to the one that made the
decision on the sanction; if he is dissatisfied with the decision on reconsideration made by the authority at the next higher level,
he may, within 15 days of receiving the notification on the decision on reconsideration, institute legal proceedings in the court. 
The party may also directly institute legal proceedings in the court within 15 days of receiving the notification on the sanction. 
If the party neither makes a request for reconsideration, nor institutes legal proceedings in the court, nor complies with the decision
on the sanction, the authority that made the decision on the sanction shall request the court to effect a compulsory execution of
the decision. 

If the party is dissatisfied with a customs penalty or a penalty for violation of public security, the matter shall be dealt with
in accordance with the provisions of the Customs Law or the Regulations on Administrative Penalties for  Public Security. 

Chapter V 

Supplementary Provisions 

Article 40  If any international treaty concerning the protection of wildlife, concluded or acceded to by the People’s Republic
of China, contains provisions differing from those of this Law, the provisions of the international treaty shall apply, unless the
provisions are ones on which the People’s Republic of China has made reservations.  

Article 41  The administrative department for wildlife under the State Council shall, in accordance with this Law, formulate
regulations for its implementation which shall go into effect after being submitted to and approved by the State Council. 

The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central
Government may, in accordance with this Law, formulate measures for its implementation. 

Article 42  This Law shall go into effect as of March 1, 1989.

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







REGULATIONS ON NATIONAL ECONOMIC CENSUS

Regulations on National Economic Census

     Decree of the State Council of the People s Republic of China

No. 415

Regulations on National Economic Census are hereby promulgated and shall become effective as of the date of promulgation.

Premier Wen Jiabao

September 5, 2004

Regulations on National Economic Census

(Promulgated by Decree No. 415 of the State Council of the People s Republic of China on September 5, 2004, and effective as of the
date of promulgation)

Chapter I General Provisions

   Article 1 These Regulations are formulated in accordance with the Statistics Law of the People s Republic of China for the purposes of organizing
and conducting national economic census in a scientific and effective way, and ensuring the accuracy and timeliness of the data colleted
through economic census.

   Article 2 Economic census is designed to help keep abreast of the development of the secondary and tertiary industries of our country in terms
of their scales, structures and economic results, and establish a sound system of the registers and databases of the basic units,
providing the foundation for conducting studies to make plans for national socio-economic development and raising the level of policy-making
and management.

   Article 3 Economic census shall be organized and conducted in accordance with the principles of unified national leadership, division of work
as well as cooperation among different departments, level-by-level responsibilities by local authorities and participation by all
parties concerned.

   Article 4 All State organs, social organizations, enterprises, institutions, other organizations and self-employed individuals shall, in accordance
with the provisions of the Statistics Law of the People s Republic of China and these Regulations, actively participate in and offer
close cooperation to the work of economic census.

   Article 5 Publicity departments at all levels shall, by making full use of newspapers, magazines, broadcasts, television programmes, internet,
outdoor billboards and other media, conscientiously publicize economic census and mobilize the public for the work.

   Article 6 The funds needed for economic census shall jointly be furnished by the Central Government and local people s governments at all
levels, and shall be incorporated into the financial budgets of the corresponding year, so that the funds can be appropriated on
schedule and guaranteed.

The funds for economic census shall be managed in a unified way and used as earmarked, and the disbursement shall strictly be controlled.

   Article 7 Economic census is conducted once in every five years, and the reference time is December 31st of the year in which such census
is conducted.

Chapter II Respondents, Coverage and Methods of Economic Census

   Article 8 Respondents of economic census are such legal person units, industrial units and self-employed individuals as engage in the secondary
and tertiary industries within the territory of the People s Republic of China.

   Article 9 Respondents of economic census have the obligation to accept the survey conducted in accordance with the law by economic census
bodies and economic census personnel.

Respondents of economic census shall fill in economic census forms in a truthful and timely manner, and shall not make false entries,
conceal economic census data, refuse to submit economic census data or submit such data belatedly.

Respondents of economic census shall, as required by economic census bodies and economic census personnel, provide the materials relating
to economic census without delay.

   Article 10 The trades and industries covered by economic census include:

(1) the mining industry;

(2) the manufacturing industry;

(3) the industries of production and supply of electricity, gas and water;

(4) the construction industry;

(5) the transport industry, storage industry and postal service trade;

(6) the industries of information transmission, computer service and software;

(7) the wholesale and retail trades;

(8) the accommodation and catering trades;

(9) the monetary industry;

(10) the real estate trade;

(11) the leasing industry and commercial service trade;

(12) the scientific research, technological service and geological prospecting industries;

(13) the industries of water conservancy, environment and public facilities management;

(14) the residents service and other services industries;

(15) education;

(16) the undertakings of public health, social security and social welfare;

(17) the industries of culture, sports and recreation; and

(18) public administration and organizations.

Article11 The method of complete enumeration shall be applied in economic census, while the method of sampling survey may be applied
where production and business operation engaged in by self-employed individuals are concerned.

Chapter III Forms, Main Contents and Standards for Economic Census

   Article 12 Different forms for economic census are provided for different types of respondents: the form for legal person units, the form for
industrial units and the form for self-employed individuals.

   Article 13 The main contents of economic census include the basic characteristics of the unit, the employees, the financial situations, the
production and business operation situations, the production capacity, the consumption of raw materials and energy, as well as the
scientific and technological activities.

   Article 14 The statistical classification standards and nomenclatures prescribed by the State shall be applied in economic census.

Chapter IV Organization and Conduct of Economic Census

   Article 15 The State Council shall establish the leading group for economic census and the office of the group. The State Council Leading Group
for Economic Census shall be responsible for the organization and conduct of economic census. The Office of the Leading Group is
established under the National Bureau of Statistics and is responsible for the day-to-day organization and coordination of the work.

All the relevant departments under the State Council shall bear their respective responsibilities and closely cooperate with each
other to make a success of the work.

   Article 16 Local people s governments at all levels shall establish their own leading groups for economic census and offices thereof, which
shall, in accordance with the unified provisions and requirements of the State Council Leading Group for Economic Census and its
Office, organize and conduct the work of economic census in the localities.

Neighbourhood offices and residents (villagers) committees shall widely mobilize and organize civic entities to actively participate
in and work conscientiously for economic census.

   Article 17 The relevant departments under the State Council and those under the local people s governments at all levels shall establish economic
census bodies, which shall be responsible for accomplishing the task of economic census arranged by the offices of the leading groups
for economic census under the State Council and those under local people s governments at the corresponding levels.

   Article 18 Large enterprises shall establish economic census bodies, which shall be responsible for filling in the forms for economic census
on behalf of their own enterprises. Legal person units of other types shall assign appropriate persons to assume the responsibility
for filling in the forms for economic census on behalf of their own units.

   Article 19 Local economic census bodies at all levels shall, in the light of the need of work, recruit census supervisors and enumerators or,
upon consultation, have such supervisors and enumerators transferred from other units. All the units concerned shall actively recommend
qualified persons to serve as census supervisors and enumerators.

Census supervisors and enumerators shall be persons of healthy and with a strong sense of responsibility and professional knowledge
needed.

   Article 20 Those who are recruited shall be remunerated for their work by economic census bodies in the localities, while the salaries of those
who are transferred from other units through consultation shall be paid by their own units and their welfare benefits shall remain
unchanged.

   Article 21 Local economic census bodies at all levels shall offer uniform professional training among census supervisors and enumerators, and
issue the certificates of census supervisors or enumerators to those who pass the examinations. When undertaking the task of economic
census, census supervisors and enumerators shall show their certificates of their own accord.

Enumerators are responsible for organizing respondents of economic census and guiding them in filling in the forms for economic census,
while census supervisors are responsible for giving instructions to enumerators and inspecting their work.

   Article 22 Census supervisors and enumerators shall have the right to look up the relevant original materials of financial accounting, statistics
and business accounting which are related to economic census and to look up the relevant business operation certificates of legal
person units, industrial units and self-employed individuals, and have the right to ask respondents of economic census to correct
the false contents in their forms for economic census.

   Article 23 Economic census bodies at all levels shall, at the preparatory stage of economic census, screen the units for surveying and accurately
define the types of the forms for economic census to be filled in by each of them.

Departments at all levels that are in charge of institutional organization, civil affairs, taxation, industrial and commercial administration,
and quality inspection, as well as other departments that have the function to examine, approve and register the establishment of
units, shall be responsible for providing the economic census bodies at the corresponding levels with the materials regarding the
units that have been examined, approved or registered by them, and they shall join their efforts to make a success of the screening
of the units.

On the basis of the existing registers of the basic units, economic census bodies at the county level shall, by referring to the materials
regarding the units provided by the departments concerned, verify and screen one by one the units in their economic census areas,
so as to compile the registers of economic census units.

   Article 24 Economic census bodies at the county level shall, according to the registers of the units compiled on the basis of the screening,
do a good job in distributing, collecting and verifying the forms for economic census, inputting the data into computers and submitting
them to the authorities at higher levels.

Legal person units shall fill in the form for legal person units, and shall be responsible for organizing industrial units affiliated
to them to fill in the form for industrial units.

   Article 25 Economic census bodies at all levels and economic census personnel shall independently perform their functions and powers of surveying,
reporting and supervision in accordance with the law, and they shall not be interfered by any unit or individual.

Leading members of local authorities, departments and units shall not, without authorization, alter the economic census results provided
by economic census bodies and economic census personnel in accordance with the law, and shall not compel or prompt economic census
bodies or economic census personnel to tamper with the economic census results or fabricate false data.

Chapter V Data Processing and Quality Control

   Article 26 The processing of economic census data shall be organized and conducted by economic census bodies at or above the county level.

The Office of the State Council Leading Group for Economic Census shall be responsible for providing all local census bodies with
the standards and programmes for data processing.

Local economic census bodies at all levels shall process the data in accordance with the unified requirements and standards laid down
by the Office of the State Council Leading Group for Economic Census, and shall, level by level, submit the economic census data
to the economic census bodies at higher levels.

   Article 27 Upon completion of the processing of economic census data, economic census bodies at all levels shall take care over the backing
up of the data and the loading of the data into databases, establish a sound system for the registers of the basic units and their
databases, and strengthen the day-to-day management, maintenance and updating of the system.

   Article 28 Local economic census bodies at all levels shall, in accordance with the provisions of the Office of the State Council Leading Group
for Economic Census, establish the job responsibility system for quality control over economic census data, exercise quality control
over every link in the conduct of economic census and carry out acceptance inspection item by item.

   Article 29 The Office of the State Council Leading Group for Economic Census shall organize checking through samples of the quality of economic
census data in a unified way, the result of which shall serve as the principal basis for evaluating the quality of economic census
data of the whole country and of different regions.

Economic census bodies at all levels shall carefully analyze and comprehensively evaluate the economic census data collected.

Chapter VI Publication of Data, Administration and Exploitation of Materials

   Article 30 Economic census bodies at all levels shall publish economic census bulletins in accordance with the provisions of the State.

The publication of economic census bulletins by a local economic census body at a lower level shall be subject to the verification
and approval of the economic census body at the next higher level.

   Article 31 Economic census bodies at all levels shall conscientiously preserve and administer economic census materials and offer services
to the public, and shall exploit full utilization of economic census materials.

   Article 32 Economic census bodies at all levels and their staff members shall abide by the relevant provisions of the Statistics Law of the
People s Republic of China and the Rules for the Implementation of the Statistics Law of the People s Republic of China, fulfilling
the obligation to keep confidential the State secrets and the commercial secrets of respondents of economic census which they have
come to know in the process of economic census.

   Article 33 The use of materials regarding units and individuals collected in economic census shall be strictly limited to the purpose of economic
census and shall not be used by any unit as the basis for imposing penalties on respondents of economic census.

Chapter VII Commendation and Penalties

   Article 34 Economic census bodies at all levels shall give commendation and award to the advanced units and individuals that have made outstanding
contributions to the work of economic census.

   Article 35 Leading members of local authorities, departments or units who alter economic census results without authorization, or fabricate
economic census data, or compel or prompt economic census bodies or economic census personnel to tamper with economic census results
or fabricate economic census data shall be given administrative or disciplinary sanctions in accordance with the law and shall, in
addition, be criticized in a circulated notice by the statistics institutions of the people s governments at or above the county
level.

Economic census personnel who are involved in the tampering with economic census results or the fabricating of economic census data
shall be criticized in a circulated notice and given administrative sanctions in accordance with the law by the statistics institutions
of the people s governments at or above the county level; or the said institutions may suggest that the departments or units concerned
give them administrative or disciplinary sanctions in accordance with the law.

   Article 36 Any respondent of economic census that commits one of the following violations shall be ordered to make corrections and criticized
in a circulated notice by the statistics institution of the people s government at or above the county level; if the violation is
relatively serious, the said institution may suggest that the departments or units concerned give administrative or disciplinary
sanctions in accordance with the law to the persons who are directly in charge and the other persons who are directly responsible:

(1) refusing to accept, or hindering the acceptance of, the survey conducted by economic census bodies or economic census personnel
in accordance with the law;

(2) providing false or incomplete economic census data; or

(3) failing to provide data relating to economic census on time and still failing to do so after being urged.

Any enterprise or institution that commits one of the violations mentioned in the preceding paragraph shall be given a warning by
the statistics institution of the people s government at or above the county level and may, in addition, be imposed a fine of not
more than 50,000 yuan. Any self-employed individual that commits one of the violations mentioned in the preceding paragraph shall
be given a warning by the statistics institution of the people s government at or above the county level and may, in addition, be
imposed a fine of not more than 10,000 yuan.

   Article 37 Economic census bodies at all levels shall open a hotline for public report, as a means of accepting, from all walks of life, exposures
of and supervision over the violations committed by units or individuals in the course of economic census, and give awards to the
persons who have rendered meritorious services in making exposures of violations.

Chapter VIII Supplementary Provisions

   Article 38 These Regulations shall become effective as of the date of promulgation.

    

National Bureau of Statistics of China






NOTICE OF THE MINISTRY OF FINANCE ON PRINTING AND DISTRIBUTION OF “MEASURES FOR THE TREATMENT OF ACCOUNTING CONCERNING THE EXTENSION OF VALUE-ADDED TAX SCOPE IN NORTHEAST REGION”

The Ministry of Finance

Notice of the Ministry of Finance on Printing and Distribution of “Measures for the Treatment of Accounting concerning the Extension
of Value-Added Tax Scope in Northeast Region”

Cai Kuai [2004] No.11

Departments( Bureaus) of finance of all provinces, autonomous regions, municipalities directly under the Central Government, cities
specifically designated in the state plan, the bureau of finance of Xinjiang Production and Construction Corps of the Chinese Peoples’
Liberation Army, the related ministries and departments under the State Council:

Notice of the Ministry of Finance on Printing and Distribution of Measures for the Treatment of Accounting concerning the Extension
of Value-Added Tax Scope in Northeast Region hereby is formulated in accordance with Notice of the Ministry of Finance on Printing
and Distribution of Several Issues on the Extension of Value-Added Tax Credit Scope in Northeast Region (Cai Shui [2004] No. 156),
and please inform the local enterprises within your jurisdiction of the implementation. For problems emerged in the process of enactment,
please feed them back duly to the Ministry hereof.

Annex: Measures for the Treatment of Accounting concerning the Extension of Value-Added Tax Scope in Northeast Region

The Ministry of Finance

September 20, 2004 Annex:Measures for the Treatment of Accounting concerning the Extension of Value-Added Tax Scope in Northeast Region

In accordance with the provisions of the Notice of the Ministry of Finance on Printing and Distribution of the Provisions of Several
Issues on the Extension of Value-Added Tax Credit Scope in Northeast Region (Cai Shui[2004] No 156) ( hereinafter referred to as
“Provisions “)￿￿the treatment of accounting concerning the Extension of Value-Added Tax Scope in Northeast Region is formulated as
follows:

Accounting Items

(1)

The enterprise enforcing the extension of VAT credit scope shall add the classification item of “VAT credit” under the item of “accrued
tax” and add such columns as “Fixed Asset Income Tax”, “Fixed Asset Input Tax Transfer”, “Credited Fixed Asset Income Tax” and etc.
under the aforesaid classification item.

The column of “Fixed Asset Input Tax” records VAT input tax paid by the enterprise for purchasing fixed asset or taxable labor and
granted credit hereof. The sum of input tax paid for purchased fixed assets or taxable labor by enterprise shall be recorded with
blue ink; the returned due offset input tax for purchased fixed assets with red ink.

The column of “Fixed Asset Input Tax Transfer” records the amount of transferred input tax of fixed assets purchased by the enterprise
due to a failure to claim credit for some reasons.

The column of “Credited Fixed Assets Income Tax” records the credited input tax of an enterprise’s fixed assets.

(2)

The enterprise enforcing the extension of VAT credit scope shall add the column of “The Amount of Fixed Assets Input tax of Newly
Added VAT Credit” under the item of “Accrued Tax—-Accrued VAT” for the record of the newly added credited fixed asset input tax
in the year concerned.

Financial Transaction

(1)

The fixed assets purchased domestically shall be charged to the item of ” Accrued Tax—-Fixed Asset Input Tax to be credited (Input
tax of Fixed Assets) ” in accordance with the given amount of VAT in the special invoice, with such items as “fixed assets” in accordance
with the value of fixed assets recorded in the special invoice, with such items as “Accounts Payable” ,”Notes Payable”, ” Bank Deposit”,
” Long-term Accounts Payable” in accordance with the accounts payable or paid. Where return occurs for the purchased fixed assets,
the inverse journal entry shall be made.

(2)

The fixed assets transferred into the enterprise as donates shall be charged to the item of “Accrued Tax—-VAT of Fixed Assets to
be Credited (Input Tax of Fixed Assets) ” in accordance with the amount of VAT noted in special invoice, with such items as “Fixed
Assets”, “Project Material” in accordance with the affirmed fixed assets value (VAT deducted, the same hereinafter). Where the input
tax of fixed assets has been paid by the donator, the total value of VAT input tax and fixed assets shall be credited to such items
as “Donated Assets”. Where the VAT of fixed assets has been paid by the enterprise itself, the paid input tax of fixed assets and
accepted fixed assets value shall be credited to such items as “Banking Account” and “Donated Assets” respectively. Where the enterprise
has accepted donates paid such other charges as transport one, such items as “Banking Credit” shall be credited herein.

(3)

The fixed assets transferred into the enterprise shall be charged to the item of “Tax Payable—-Fixed Assets VAT to be Credited (Input
Tax of Fixed Assets) ” in accordance with the VAT value noted in the special invoice, to such items as “Fixed Assets”, “Project Material”
in accordance with the affirmed fixed assets value, be credited to such items as “Paid-up Capital” in accordance with the total value
of VAT and fixed assets.

(4)

Goods purchased by an enterprise for the manufacture of fixed assets shall be charged to the item of “Tax Payable—-VAT of Fixed
Assets to be Credited (Input Tax of Fixed Assets) ” in accordance with the VAT value noted in the special invoice, to the item of
” Project Material” in accordance with the sum required to be credited to the item of the cost of engineering material, to such items
as ” Account Payable”, “Notes Payable”, ” Bank Deposit”, ” Long-term Accounts Payable” in accordance with the sym payable or paid.
Where return occurs for the purchased goods, the inverse journal entry shall be made.

Where the raw material purchased by an enterprise as accounting for inventories is used for the building of fixed assets, the sum
equivalent to the cost of the inventories shall be charged to such items as ” Construction in Progress”, credited to such items as
“Raw Material” , the VAT input tax of that part of raw material shall be charged to the item of “Tax Payable—-VAT of Fixed Assets
to be Credited (Input tax of Fixed Assets) ” , credited to “Tax Payable—-VAT to be Credited (Input Tax Transfer) “.

(5)

The Taxable Labor accepted by enterprises for manufacture of fixed assets shall be charged to such items as “Tax Payable—-VAT of
Fixed Assets to be Credited (Input Tax of Fixed Assets)”, to such items as “Construction in Progress” in accordance with the sum
due to be credited to the Construction in Progress, credited to such items as “Account Payable”, “Notes Payable”, “Bank Deposit”
in accordance with the sum payable or paid.

(6)

The fixed assets imported by enterprise hereof shall be charged to the item of such items as “Tax Payable—-VAT of Fixed Assets to
be Credited (Input Tax of Fixed Assets) ” in accordance with the sum of VAT noted in tax payment receipt provided by the custom,
charged to such items as “Fixed Assets”, “Project Material”, credited to such items as “Account Payable”, “Notes Payable”, “Bank
Deposit”, “Long-term Accounts Payable” in accordance with the sum payable or paid.

(7)

The transport charges paid for the imported fixed assets shall be charged to such item as “Tax Payable—-VAT of Fixed Assets to be
Credited (Input Tax of Fixed Assets)”in accordance with the sum credited, to such items as “Fixed Assets”, “Construction in Progress”,
“Project Material” in accordance with the sum of fixed assets and construction material to be charged, credited to as “Account Payable”,
“Notes Payable”, “Bank Deposit”, “Long-term Accounts Payable” in accordance with the sum payable or paid.

(8)

Where the enterprise uses fixed assets self-made or consigned to process for non-taxable or tax-exempt items, such fixed assets shall
be considered as distributions goods for the sake of counting VAT payable and charged to such items as “Project under Construction”,
credited to such item as “Tax Payable—-VAT Payable (VAT on Sales) “.

(9)

Where the fixed assets manufactured by the enterprise concerned, by processing deal or purchasing (including those donated or invested)
is provided to other units or self-employed as investment, it shall be considered as distributions goods for the sake of counting
VAT payable and be charged to such item as “Long-term Equity Investment” and credited to such item as “Tax Payable- VAT Payable (VAT
on Sales) “.

(10)

Where the fixed assets manufactured by the enterprise concerned, by processing deal or purchase is allocated by the enterprise concerned
to shareholder or investor, it shall be considered as distributions goods for the sake of counting VAT payable and be charged to
such items as “Distribution of Profits—-Common Stock Dividend”, credited to such items as ” Tax Payable—-VAT Payable (VAT on
Sales) “.

(11)

Where the fixed assets manufactured by the enterprise concerned or by processing deal is used for collective welfare and individual
consumption, it shall be considered as distributions goods for the sake of counting VAT payable and charged to such items as “Welfare
Expenses Payable” and credited to such items as “Tax Payable—-VAT Payable (VAT on Sales) “.

(12)

Where the fixed assets manufactured by the enterprise concerned, by processing deal or purchase is donated to others, it shall be
considered as distributions goods for the sake of counting VAT payable and charged to such item as “Non-Operating Outlay”, credited
to such item as ” Tax Payable- VAT Payable (VAT on Sales) “.

(13)

Where the fixed assets purchased by the enterprise concerned has been recorded in such item as “Tax Payable—-VAT of Fixed Assets
to be Credited (Input Tax of Fixed Assets) “, and the fixed assets concerned has been used for non-taxable items or for tax-exempt
item and exclusively for collective welfare and individual consumption, as well as for the utilization by the institutions inapplicable
to the scope of the “Measure” hereof, the recorded sum in the item aforesaid shall be transferred, charged to the related item and
credited to the item of “Tax Payable—-VAT of Fixed Assets to be Credited (Transfer of Fixed Assets Income Tax) “.

Where the input tax of fixed assets purchased by the enterprise concerned fails to be credited, it shall be charged to the cost of
fixed assets and undertake accounting treatment in accordance with the related regulation of enterprise accounting system.

(14)

Where the used fixed assets is sold, and its VAT input tax is credited to the item of “Tax Payable—-VAT of Fixed Assets to be Credited
(Transfer of Fixed Assets Income Tax)” in the period of its acquisition, its confirmed VAT in sales shall be charged to the item
of “Liquidation of Fixed Assets” and credited to the item of “Tax Payable—-VAT Payable (VAT on Sales) “. Where the used fixed assets
is sold, and its VAT input tax fails to credited to “Tax Payable- VAT of Fixed Assets Due to be Credited (Transfer of Fixed Assets
Income Tax)” in the period of its acquisition, yet its VAT input taxis permitted to be credited in accordance with related regulations
of tax law, it shall be charged to the item of “Tax Payable—-VAT of Fixed Assets to be Credited (Input tax of Fixed Assets)”,
credited to the item of “Liquidation of Fixed Assets”; the confirmed VAT input tax in the sale shall be charged to the item of “Liquidation
of Fixed Assets” and credited to the item of ” Tax Payable- VAT Payable (VAT on Sales)”.

(15)

In accordance with the related laws and regulations, the credited fixed assets input tax offsetting the unpaid VAT shall be charged
to the item of “Tax Payable—-VAT Payable (Unpaid VAT)”, and credited to the item of “Tax Payable—- VAT of Fixed Assets to be
credited (Credited Fixed Asset Income Tax)”.

(16)

Where the newly added VAT is used to credit fixed assets income tax at the end of the period, it shall be charged to the item of “Tax
Payable—-VAT Payable (Newly Added VAT to Offset Fixed Assets Income Tax)”, charged to the item of “Tax Payable—-VAT Payable (Credited
Fixed Assets Income Tax) “, credited to the item of “Tax Payable—-Fixed Assets to be credited”. However, in accordance with the
means regulated by tax authorities to rebate tax, the enterprise shall count the VAT to be paid hereby and abide by the enterprise
accounting system and the related regulations to conduct accounting treatment. Where the enterprise concerned receives the input
tax refunded from the nation of the newly added fixed assets to be credited, it shall charge the actually received sum to the item
of “Bank Deposit” credited to the item of “Tax Payable—- VAT of Fixed Assets to be Credited (Credited Fixed Assets Income Tax”).



 
The Ministry of Finance
2004-09-22

 







THE INTERIM MEASURES FOR THE ADMINISTRATION OF EXAMINATION AND APPROVAL OF THE OVERSEAS INVESTMENT PROJECTS

the National Development and Reform Commission

Order of the National Development and Reform Commission of the People’s Republic of China

No.21

The Interim Measures for the Administration of Examination and Approval of Overseas Investment Projects, which have been deliberated
and adopted at the executive meeting of the director of the National Development and Reform Commission, are hereby promulgated and
shall go into effect as of the date of promulgation.

Ma Kai, Director of the National Development and Reform Commission

October 9, 2004

The Interim Measures for the Administration of Examination and Approval of the Overseas Investment Projects

Chapter I General Provisions

Article 1

With the view of regulating the administration of the examination and approval of overseas investment projects, the present Measures
are formulated in accordance with the Administrative License Law of the People’s Republic of China and the Decision of the State
Council on Reforming the Investment System.

Article 2

The present Measures shall be applicable to the examination and approval of overseas investment projects (including new establishment,
merger by purchase, purchase of stocks, increase in capital and reinvestment) of all kinds of juridical persons within the territory
of the People’s Republic of China (hereinafter referred to as “investors”) and enterprises or organs overseas held by them.

The present Measures shall be applicable to the examination and approval of the investors’ investment projects in Hong Kong and Macao
Special Administrative Regions and in Taiwan.

Article 3

The “overseas investment projects” referred to in the present Measures are those activities through which the investors activate to
obtain the overseas ownership, power of operation and management and other related rights and interests by pouring assets and rights
and interests such as the money, securities, material objects, intellectual property or technology, stock rights, creditor’s rights
and etc. or by offering the security.

Chapter II Organs of Examination and Approval and The Purview of Their Authorities

Article 4

The overseas investment projects of resource development and the overseas investment projects using large amount of foreign exchange
shall be subject to the examination and approval of the State.

The projects of resource development refer to the projects invested overseas to prospect for such resources as crude oil and mines.
Among them, the projects with the Chinese party’s investment amount of 30 million dollars or more shall be subject to the examination
and approval of the National Development and Reform Commission; the projects with the Chinese party’s investment amount of 200 million
dollars or more shall be subject to the auditing by the National Development and Reform Commission and then be reported to the State
Council for examination and approval.

The projects using large amount of foreign exchange refer to the overseas investment projects with the Chinese party’s foreign exchange
amount of 10 million dollars or more beyond the fields prescribed in the preceding paragraph And this kind of projects shall be subject
to the examination and approval of the National Development and Reform Commission. The projects with the Chinese party’s investment
amount of 50 million dollars or more shall be subject to the examination of the National Development and Reform Commission and then
be reported to the State Council for examination and approval.

Article 5

The projects of resource development, with the Chinese party’s investment amount of 30 million dollars or less and other projects
using the foreign exchange of 10 million dollars or less by the Chinese party, shall be subject to the examination and approval of
the provincial development and reform departments of all provinces, autonomous regions, municipalities directly under the Central
Government, the cities under separate state planning and XinJiang Production and Construction Corp. and the power to examine and
approve the projects shall not be transferred to the lower level departments. For the purpose of immediately mastering the information
of the examination and approval of the projects, all provincial development and reform departments shall submit a copy of the documents
of the examination and approval of the projects to the National Development and Reform Commission within 20 working days counted
from the date of examination and approval.

Where the local governments have otherwise prescribed for the examination and approval of the projects listed in the preceding paragraph,
such prescriptions shall prevail.

Article 6

For the overseas investment projects of resource development with the Chinese party’s investment amount of 30 million dollars or less
invested by the enterprises under the administration of the Central Government and other overseas investment projects with the Chinese
party’s foreign exchange of 10 million dollars or less, the decisions shall be made by the enterprises independently and then pertinent
documents shall be reported after decision-making to the National Development and Reform Commission for the record-keeping purpose.
The National Development and Reform Commission shall issue the record-keeping certificate within 7 working days after acceptance
of the record-keeping materials mentioned above.

Article 7

The investment projects in Taiwan and countries without any diplomatic relations with China shall, no matter what the amount is, be
subject to the examination and approval of the National Development and Reform Commission or be reported to the State Council for
approval after being examined and approved by the National Development and Reform Commission.

Chapter III Procedures of Examination and Approval

Article 8

Where the power to examine and approve the projects remains with the National Development and Reform Commission or the State Council,
the investors shall put forward the project application reports to the provincial development and reform department at the locality
of registration. The provincial development and reform department at the locality of registration shall submit it to the National
Development and Reform Commission after examining and approving it. The enterprise groups of the cities under separate state planning
and the enterprises under the administration of the Central Government may directly submit the project application reports to the
National Development and Reform Commission.

Article 9

The National Development and Reform Commission shall solicit the opinions of the departments concerned before examining and approving
the investment projects in Hong Kong and Macao Special Administrative Regions, Taiwan Province and countries and sensitive areas
without any diplomatic relations with China. The departments concerned shall put forward the written suggestions to the National
Development and Reform Commission within 7 working days after acceptance of the materials mentioned above.

Article 10

The National Development and Reform Commission shall entrust qualified consultation organizations to assess the key issues that are
necessary to be evaluated and demonstrated within 5 working days after acceptance of the application report. The entrusted consultation
organizations shall put forward the appraisal report to the National Development and Reform Commission within the prescribed time
limit.

Article 11

The National Development and Reform Commission shall, within 20 working days after the acceptance of the project application report,
finish examining and approving the project application report or put forward the opinions on the examination and approval to the
State Council. Where it is difficult to make the decision on the examination and approval or put forward opinions on the examination
and approval within 20 working days, the period shall be extended for ten working days with the approval of the principal of the
National Development and Reform Commission and the project applicant shall be notified of the reasons for the extension.

The period specified in the preceding paragraph does not include the period for assessment conducted by the entrusted consultation
organization.

Article 12

For approved projects, the National Development and Reform Commission shall issue the examination and approval documents in written
form to the project applicants. For disapproved projects, the National Development and Reform Commission shall notify the project
applicants of the reasons and the rights to apply for an administrative review or to initiate an administrative lawsuit in written
form.

Article 13

For the projects of competitive bidding overseas or purchase, the written information report shall be submitted to the National Development
and Reform Commission before the competitive bidding or the formal proceeding of business activities. The National Development and
Reform Commission shall issue the related confirmation letters within 7 working days after acceptance of the written information
report. The information report shall mainly include:

(1)

the fundamental information of the investors;

(2)

the background particulars of the investment project;

(3)

the sites and the orientation of investment, the predicted investment scale and construction scale; and

(4)

the schedule of working hours.

Article 14

Where the investors need pouring the necessary first-phase project expenses including the use of foreign exchange (including the deposit
for the performance of contract and the letter of guarantee), they shall apply to the National Development and Reform Commission
for examination and approval. The approved first-phase expenses shall be calculated into the total investment amount of the projects.

Article 15

In case the approved projects are under any of the following circumstances, the investors shall apply to the National Development
and Reform Commission for alteration:

(1)

the alteration of the construction scale, the main construction items and main products;

(2)

the alteration of the construction sites;

(3)

the alteration of the investors or their stock rights; or

(4)

The Chinese party’s investment exceeds 20% or more of the originally approved amount of the Chinese party’s investment.

The procedures for examining and approving the alteration shall be implemented according to the related prescriptions of the present
chapter.

Chapter IV Project Application Report

Article 16

Project application reports submitted to the National Development and Reform Commission shall contain the following items:

(1)

the name of the project and the fundamental information of the investors;

(2)

the particulars of the project background and the investment environment;

(3)

the construction scale of the project, the main construction items, products, target markets, and the particulars of benefits and
risks of the project;

(4)

the total investment amount of the project, the amount of contribution of each party, the mode of contribution, the financing schemes
and the amount of foreign exchange; and

(5)

for the merger projects by purchase or the projects of purchasing shares, the specific conditions of the companies to be merged or
whose shares are to be purchased shall be illuminated.

Article 17

The project application reports submitted to the National Development and Reform Commission shall be attached with documents as follows:

(1)

the resolution of the board of directors of the company or the pertinent resolutions of contribution;

(2)

the documents which can demonstrate the conditions of the assets, the management and the credibility of the Chinese party and the
foreign cooperators;

(3)

the letter of intent for financing issued by banks;

(4)

where the contribution is offered in forms of assets and rights and interests such as securities, material objects, intellectual property
or technology, stock rights and creditor’s rights, the amount of contribution shall be checked and ratified according to the assessed
value and the fair value of the rights and interests of the assets. The evaluation report of assets, which is issued by such intermediary
institutions as the accountants and the assets appraisal institutions with the corresponding qualification, and the document from
the third party, which can demonstrate the value of the related assets and rights and interests, shall be submitted;

(5)

for competitive bidding projects, merger projects by purchase or venture-joint and cooperative projects, the letters of intent or
the documents of the framework agreement signed by the Chinese party and foreign party shall be submitted; and

(6)

for the overseas competitive bidding projects or overseas merger projects by purchase, the information report, with the attachment
of the pertinent confirmation letters of the National Development and Reform Commission, shall be submitted pursuant to Article 13
of the present Measures.

Chapter V The Conditions and Validity of Examination and Approval

Article 18

The requirements for the project that shall be examined and approved by the National Development and Reform Commission are as follows:

(1)

it shall abide by the laws and regulations of the state and the industrial policies, not do harm to the sovereignty, safety and public
interests of the state and not violate the rules of international laws;

(2)

it shall comply with the demands of sustainable development of the economy and society and be helpful to the development of strategic
resources required for developing the national economy; and comply with the requirements of the State for adjusting the industrial
structure; it shall promote the export of the technology, products, equipments and labor services with the comparative predominance
and absorb the advanced foreign technology;

(3)

it shall comply with the administrative prescriptions of national capital projects and the foreign loans; and

(4)

the investors shall possess the corresponding investment strength.

Article 19

The investors shall, pursuant to the examination and approval documents of the National Development and Reform Commission, handle
the pertinent formalities of foreign exchange, customs, entry and exit administration and tax revenue according to law. The enterprises
under the administration of the Central Government prescribed in Article 6 of the present Measures shall handle the pertinent formalities
mentioned above on the strength of the record-keeping certificates issued by the National Development and Reform Commission.

Article 20

Before signing any documents of final legal binding force for the overseas investment projects, the investors shall obtain the examination
and approval documents or record-keeping certificates issued by the National Development and Reform Commission.

Article 21

The validity period shall be stipulated in examination and approval documents issued by the National Development and Reform Commission.
Within the validity period, the examination and approval documents shall be the basis for the investors to go through corresponding
formalities prescribed in Article 19 of the present Measures. After the validity period, the investors shall simultaneously present
the documents for permitting the extension issued by the National Development and Reform Commission when they go through the pertinent
formalities mentioned above.

Article 22

For the overseas investment projects not approved by authoritative institutions and not put on records, no departments of foreign
exchange management, customs or taxation may handle the pertinent procedures.

Article 23

Where the investors obtain the approval documents or record-keeping certificates by such malfeasance means as providing false materials,
the National Development and Reform Commission may repeal the approval documents or record-keeping certificates of the projects.

Article 24

The National Development and Reform Commission may conduct supervision and check on the implementation particulars of investors’ projects
and on the particulars of examination and approval of the overseas investment projects by the provincial development and reform departments
and deal with the problems found out through supervision and check according to law.

Chapter VI Supplementary Provisions

Article 25

All provincial development and reform departments shall, pursuant to the prescriptions of the present Measures, enact corresponding
measures for the administration of examination and approval.

Article 26

The examination and approval of projects invested overseas by natural persons and other institutions shall be implemented referring
to the present Measures.

Article 27

The power to interpret the present Measures shall remain with the National Development and Reform Commission.

Article 28

The present Measures shall come into force as of October 9, 2004. Where the former rules of examination and approval of the overseas
investment projects are contrary to the present Measures, the present Measures shall prevail.



 
the National Development and Reform Commission
2004-10-09

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE EXEMPTION FROM BUSINESS TAX FOR REFUNDABLE LIFE INSURANCE WITH A TERM MORE THAN ONE YEAR SOLD BY THE GENERALI CHINA LIFE INSURANCE COMPANY LIMITED

Circular of the State Administration of Taxation on the Exemption from Business Tax for Refundable Life Insurance with a Term more
than One Year Sold by the GeneralI China Life Insurance Company Limited

Guo Shui Han [2004] No. 1164

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

According to the relevant provisions of Circular of Ministry of Finance and the Ministry of Taxation on Tax Exemption for Certain
Products (caishui [1994]No. 002) and Circular on Issues Concerning the Exemption from Business tax for Returnable Life Insurance
(caishui [2001]No.118), upon deliberation, the exemption from business tax for the following insurance products that are sold by
GeneralI China Life Insurance co., ltd and meet tax exemption requirements is permitted.

1.

GC happy endowment insurance

2.

GC prosperous endowment insurance

3.

GC safe endowment insurance(participating with dividend)

4.

GC AP safe accident indemnity insurance

5.

GC copious endowment insurance

6.

GC happy comprehensive major medical insurance(version A)

7.

GC AP happy comprehensive major medical insurance(version A)

8.

GC happy comprehensive major medical insurance(version B)

9.

GC AP happy comprehensive medical insurance(version B)

10.

GC financial planning investment-linked insurance

11.

GC beneficial financial planning investment-linked insurance

12.

GC lucky financial planning(investment-linked)

13.

GC investment-linked AP major illness insurance

14.

GC investment-linked AP female health insurance

15.

GC investment-linked AP mother health insurance

16.

GC investment-linked AP spouse term life insurance

17.

GC investment-linked AP spouse major illness insurance

18.

GC investment-linked AP female spouse health insurance

19.

GC investment-linked female spouse mother health insurance

20.

GC investment-linked AP accident hospital indemnity medical insurance

21.

GC investment-linked hospital indemnity medical insurance

The State Administration of Taxation

October 18, 2004



 
the State Administration of Taxation
2004-10-18

 







MEASURES FOR THE ADMINISTRATION OF ANNUAL PLANS ON THE UTILIZATION OF LAND (2004 REVISED EDITION)

the Ministry of Land and Resources

Order of the Ministry of Land and Resources of the People’s Republic of China

No. 26

The “Measures for the Administration of Annual Plans on the utilization of Land” were revised and adopted at the 9th ministerial meeting
of the Ministry of Land and Resources on October 29, 2004. The revised “Measures for the Administration of Annual Plans on the utilization
of Land” are hereby promulgated, and shall come into force on December 1, 2004.

Minister of the Ministry of Land and Resources Sun Wensheng

November 1, 2004

Measures for the Administration of Annual Plans on the Utilization of Land (2004 revised edition)

Article 1

These Measures are formulated in accordance with the Land Administration Law of the People’s Republic of China, the Regulation on
the Implementation of the Land Administration Law of the People’s Republic of China and the Decision of the State Council on Deepening
the Reform and Strictly Enforcing Land Administration in order to strengthen land administration, implement the overall planning
on land utilization, control the total amount of land for construction use, guide intensive use of land, earnestly protect cultivated
land, and guarantee sustainable economic and social development.

Article 2

The compilation, submission for approval, implementation of and supervision over the annual plans on the utilization of land shall
be governed by these Measures.

The annual plan on the utilization of land as mentioned in these Measures shall mean the specific arrangements by the State in each
planned year of the amount of land for agricultural use to be converted into that for other uses, the amount of cultivated land supplemented
by land development and rehabilitation, and the amount of reserved cultivated land.

Article 3

The annual plans on the utilization of land shall be administered in compliance with the following principles:

(1)

Strictly complying with the overall planning on land utilization, controlling the total amount of land for construction use, and protecting
cultivated land;

(2)

Guiding demands for land on the basis of land supply, as well as rationally and effectively utilizing land;

(3)

Giving priority to ensuring the land for the State’s key construction projects and infrastructure projects;

(4)

Balancing the occupation and supplement of cultivated land;

(5)

Increasing land use in urban areas while reducing land use in rural areas for construction purposes; and

(6)

The ecological environment shall be protected and improved, and the sustainable utilization of land shall be guaranteed.

Article 4

The annual plan indexes of land utilization shall include:

(1)

the planned index on land conversion from agricultural use into construction use, which may be divided into the index of land for
agricultural use occupied for urban and rural construction, and the index of land for agricultural use occupied for key construction
projects of energy, traffic and water conservancy, etc., whose localities are independently selected.

(2)

the planned index of land development and rehabilitation, which may be divided into the index of supplementing cultivated land by
land development and the index of supplementing cultivated land by land rehabilitation and reclaiming. And

(3)

the planned index of the amount of reserved cultivated land.

The land administration departments in all regions may, in light of the actual needs, add the controlling index on the basis of the
above classification.

Article 5

In the annual plan on the utilization of land, the planned index on land use conversion from agricultural purposes into construction
purposes shall be determined pursuant to the plan on national economic and social development, the overall planning on land utilization,
the policies of the state on land supply, and the actual situation on land utilization.

The planned index of land development and rehabilitation shall be determined on the basis of the overall planning on land utilization,
the planning on land development and rehabilitation, and the facts on reduction of cultivated land due to construction, etc.

The planned index of the amount of reserved cultivated land shall be determined on the basis of the assessment targets on protection
of cultivated land, which are released by the State Council to all provinces, autonomous regions, and municipalities directly under
the Central Government.

Article 6

Where any land is to be used within the planned year for a key construction project which needs to be approved and ratified by the
State Council or the national development and reform institution, etc., involving land use conversion from agricultural purposes
into construction purposes, the competent authority of the said industry shall, prior to September 25 of the last year, provide its
suggestions on the plan to the Ministry of Land and Resources according to the project, and at the same time submit the copies to
the administrative department of land and resources and the development and reform department of the province, autonomous region,
or municipality directly under the Central Government where the land to be used for the project is located.

Article 7

The administrative department of land and resources of a local people’s government at the county level or above shall, jointly with
other relevant departments, and pursuant to the uniform arrangement of the state, propose its suggestions on the annual plan on the
utilization of local land, and shall, upon examination by the people’s government at the same level, report to the administrative
department of land and resources of the people’s government at the higher level.

The suggestions of all provinces, autonomous regions, and municipalities directly under the Central Government on the annual plan
on the utilization of land shall be submitted to the Ministry of Land and Resources prior to October 10 of each year, and copies
thereof shall meanwhile be submitted to the National Development and Reform Commission. The suggestions of a city directly under
state planning or of Xinjiang Production and Construction Group on the annual plan on the utilization of land shall be separately
stated in the plan proposals of the relevant province or autonomous region.

Article 8

The Ministry of Land and Resources shall, jointly with the National Development and Reform Commission, and on the basis of the suggestions
proposed from all regions and by the relevant institution under the State Council on the annual plan on the utilization of land,
compile a draft of the national annual plan on the utilization of land, which shall be included into the draft of the annual plan
on national economy and social development.

Article 9

The Ministry of Land and Resources shall, jointly with the National Development and Reform Commission, submit the draft of the annual
plan on the utilization of land to the State Council. The said annual plan shall, after verification by the State Council, be released
to all places and used as a reference for implementation. After the National People’s Congress has examined and adopted the draft
of the plan on national economic and social development, the plan approved by the National People’s Congress shall come into force.

Article 10

The national annual plan on the utilization of land shall be released to all provinces, autonomous regions, municipalities directly
under the Central Government, cities directly under state planning, and Xinjiang Production and Construction Group.

With respect to the planned index on land use conversion from agricultural purposes into construction purposes, only the planned index
of the land for agricultural use which is occupied by the projects for urban and rural (including independent industrial and mining
areas) construction and the planned index of land use conversion from agricultural purposes into construction purposes, which is
approved by the provincial authority, are required to be released. The planned index on the land for agricultural use which is occupied
for any key construction project shall not be released to specific regions if the conversion of the land for agricultural use into
that for construction use is to be approved and ratified by the State Council or by the national development and reform institution,
etc. and be examined by the State Council for approval, however, such index may be used when the land used for a construction project
is examined for approval.

Article 11

The administrative department of land and resources under a local people’s government may divide the planned index of land utilization
released by the superior authority, and release the divided index after approval of the people’s government at the same level.

The administrative department of land and resources under a people’s government at the provincial level shall, when dividing and releasing
the plans, independently list the planned index on land use conversion from agricultural purposes into construction purposes concerning
the cities in the overall planning on land utilization, which has been approved by the State Council, and shall report the said index
to the Ministry of Land and Resources for archival purposes.

Article 12

When any land for agricultural use is to be occupied by an unforeseeable key project in urgent need in respect of energy, traffic,
water conservancy, etc., whose locality is independently selected, a flexible index of a small amount of land may be reserved.

Article 13

The planned index on land use conversion from agricultural purposes into construction purposes shall be subject to mandatory administration,
which may not be broken. If no planned index on land use conversion from agricultural purposes into construction purposes is held,
the competent authority may not approve the conversion of the land for agricultural use. In the plan on land use conversion from
agricultural purposes into construction purposes, the index of the land for agricultural use, which is occupied for urban and rural
construction, may not be mixed with the index of the land for agricultural use, which is occupied by key construction projects of
energy, traffic, water conservancy, etc., whose localities are independently selected. If no planned index on land use conversion
from agricultural purposes into construction purposes is held, but the competent authority discretionarily approves the conversion
of the land for agricultural use into that for construction use, it shall be subject to liabilities for illegally approving the use
of land.

The supplement of cultivated land by land development and rehabilitation shall conform to the index determined in the land development
and rehabilitation plan.

The planned index of the amount of reserved cultivated land may be used for the inspection and assessment of the targets on protection
of cultivated land. The amount of reserved cultivated land in the assessment year may not be lower than the planned index on the
amount of reserved cultivated land.

Article 14

Once an annual plan on the utilization of land is approved to be released, it must be strictly implemented.

If, when implementing the annual plan on the utilization of land, the competent authority of a province, autonomous region, or municipality
directly under the Central Government indeed needs to raise the planned index on land use conversion from agricultural purposes into
construction purposes due to an unforeseeable key construction project, it may file an application to the Ministry of Land and Resources.

Where it is necessary to add the plan on land use conversion from agricultural purposes into construction purposes in a national annual
plan on the utilization of land due to a particular circumstance, it shall be submitted to the State Council pursuant to the prescribed
procedures for determination.

Article 15

The administrative department of land and resources of a local people’s government at the county level or above shall apply desk-account
management to the annual plan on the utilization of land, and make registration and statistics on the implementation of the said
plan.

The implementation of the annual plan on the utilization of land shall be included into the comprehensive statistics on land and resources,
and shall be reported to the superior authority at regular intervals.

Article 16

A superior administrative department of land and resources shall make assessment on the implementation by inferior ones of the annual
plan on the utilization of land.

The assessment shall be made in combination with the comprehensive statistics on land and resources, the approval and archiving of
land for construction use, the modification and survey of land utilization, dynamic monitoring of land utilization, and so on.

The assessment year of an annual plan on the utilization of land shall commence on January 1 and end on December 31 of each year.

Article 17

The results from assessment of the implementation of the annual plan on the utilization of land shall be considered as the basis for
compiling the plan for the next year.

In case of unauthorized approval of use of land beyond the plan, if there have been two years since the land was requisitioned but
no land is supplied, or if the task of balancing the occupation and supplement of cultivated land has not been fulfilled, the planned
index of the next year on land use conversion from agricultural purposes into construction purposes shall be reduced accordingly.

Article 18

The surplus of land whose use to be converted from agricultural purposes into construction purposes of each province, autonomous region,
municipality directly under the Central Government and city directly under state planning, and of Xinjiang Production and Construction
Group may be, after ratification by the Ministry of Land and Resources, carried forward for use within the planning period.

Article 19

These Measures shall come into force on December 1, 2004.



 
the Ministry of Land and Resources
2004-11-01

 







CIRCULAR OF THE MINISTRY OF FINANCE AND THE NATIONAL DEVELOPMENT AND REFORM COMMISSION ON PROMULGATING THE CANCELLATION OF 103 CHARGING ITEMS SUBJECT TO ADMINISTRATIVE EXAMINATION AND APPROVAL

the National Development and Reform Commission,the Ministry of Finance of the People’s Republic of China

Circular of the Ministry of Finance and the National Development and Reform Commission on Promulgating the Cancellation of 103 Charging
Items Subject to Administrative Examination and Approval.

No.87 [2004] of the Ministry of Finance

The relevant departments of the Central Committee of the Communist Party of China, all the ministries and commissions of the State
Council, the institutions directly under the State Council, and the finance offices or bureaus, development and reform commissions
and price bureaus of all the provinces, autonomous regions and municipalities directly under the Central Government:

For the purpose of carrying out the Administrative License Law and promoting law-based administration, we have made an overall clean-up
on the charging items subject to the national administrative examination and approval and etc. (including administrative license,
the same hereinafter) of the departments and entities under the Central Government according to the relevant provisions of the Notice
of the State Council on Printing and Distributing the Implementation Programs for Overall Pushing Forward the Law-based Administration
(No.10 [2004] of the State Council), the Implementation Opinions of the Office of the State Council on Carrying out the Implementation
Programs for Overall Pushing Forward the Law-based Administration (No.24[2004] of the Office of the State Council), the Decision
of the State Council on Canceling and Adjusting the Items Subject to Administrative Examination and Approval (III) (No.16 [2004]
of the State Council) and the Notice of the National Development and Reform Commission and the Ministry of Finance on Cleaning up
the Relevant Charges of Administrative Departments and Institutions (No.1196 [2004] of the National Development and Reform Commission),
and decide to promulgate the cancellation of 103 charging items subject to administrative examination and approval and etc. We hereby
notify the matters concerned as follows:

I.

The following 84 charging items, which have been approved by the Ministry of Finance and the National Development and Reform Commission
(including the former State Planning Commission and the former State Price Bureau)but do not conform to the charges for administrative
examination and approval as prescribed by laws and administrative regulations, shall be promulgated for cancellation.

1.

Public Security Departments

(1)

Cost of the pass for border administration areas

(2)

Cost of the pass for entry and exit of residents in border areas

(3)

Cost of the identity confirmation forms for settlement of foreigners

(4)

Cost of the employees’ cards on ship

(5)

Cost of travel certificates of Taiwan compatriots

(6)

Fees for annual examination of driving licenses

(7)

Fees for handling grave and serious traffic accidents

(8)

Cost of certificates for holding guns used for the discharge of official duties

(9)

Cost of certificates for holding guns for civilian use

(10)

Cost of licenses for storage of explosives

(11)

Cost of licenses for the use of explosives

(12)

Cost of licenses for the purchase of explosives

(13)

Cost of license for the transportation of explosives

(14)

Cost of licenses for working of a blaster

2.

Departments of Development and Reform (Coal)

(15)

Cost of qualification certificates for operation of coals

3.

Food and Drug Supervision Departments

(16)

Fees for the examination and approval of new biological products (merged into the fees for the examination and approval of new pharmaceuticals)

(17)

Fees for the registration of licenses for the export of special chemicals

(18)

Fees for the appraisal of licenses for enterprises undertaking the production of materials and containers for the use of drug packaging

4.

Agriculture Departments

(19)

Fees for examination and approval for the export of pesticides

(20)

Fees for examination and approval of application for the test of pesticides

(21)

Fees for testing soil and fertilizer

(22)

Fees for registration of fertilizer and soil opsonins and opsonins for the growth of plants (including fees for registration certificates)

(23)

Fees for regional test of crop varieties

5.

Departments of Industry and Commerce

(24)

Fees for checking the Trademark Registration Certificates

6.

Departments of Information Industry

(25)

Wireless registration fees (including fees collected by other departments)

(26)

Cost of the licenses for operation of basic telecommunications service

(27)

Cost of the licenses for operation of trans-regional value-added telecommunication services

(28)

Cost of the licenses for operation of value-added telecommunications services

7.

Departments of Science and Technology

(29)

Fees for the registration of technology contracts

(30)

Fees for the appraisal of technology awards (including fees collected by other departments)

8.

Departments of State Land and Resources

(31)

Fees for the examination and approval of geological survey reports

(32)

Cost of approval documents for land used for construction

9.

Mapping Departments

(33)

Cost of mapping employee’s cards

(34)

Cost of qualification certificates of mapping

10.

Departments of Tobacco Monopoly

(35)

Charges for the licenses of tobacco monopoly (including production, wholesale, retail and temporary charges)

11.

Administrations of Departments Directly under the CCCPC

(36)

Fees for appraisal of entities undertaking scientific research and production of code products for commercial use

(37)

Annual fees for franchising sale of code products for commercial use

12.

Talent Exchange Centers under the Departments of Personnel and Other Departments.

(38)

Fees for political examination on going abroad

13.

Commission of Science, Technology and Industry for National Defense

(39)

Fees for the licenses of nuclear materials

14.

People’s Banks of China

(40)

Charges for loan cards

15.

Competent Departments of Work Safety (Coal)

(41)

Cost of the licenses for operation of hazardous chemicals

(42)

Cost of the operation certificates (IC cards)of special operators

(43)

Fees for conformity certificates of safety production conditions of village and town coal mines

16.

Departments of Justice

(44)

Cost of practicing certificate of lawyers

(45)

Cost of practicing certificate of grass-root legal service practitioners

(46)

Cost of practicing certificate of notaries

(47)

Cost of practicing licenses of law firms

17.

Departments of Press and Publication

(48)

Cost of the licenses for publication of newspapers and periodicals

(49)

Cost of press cards

18.

Cultural Departments

(50)

Fees for performance licenses

19.

Forestry Departments

(51)

Cost of certificates of timber transportation

(52)

Cost of licenses for timber felling

(53)

Cost of licenses for domestication and breeding

(54)

Cost of special hunting and catching certificate

(55)

Cost of hunting certificate

20.

Departments of Population and Family Planning

(56)

Cost of the Certificates of Marriage and Bearing of Migrant Populations

21.

Administrative Departments of Civil Aviation

(57)

Cost of licenses for operation

(58)

Cost of licenses for safety inspection of civil aviation

(59)

Cost of conformity certificates for the use of safety inspection appliances

22.

Railway Departments

(60)

Fees for the licenses of transportation of liquefied petroleum gas railway tank trucks

23.

Construction Departments

(61)

Fees for the certificates of registered architects

(62)

Fees for the certificates of registered structural engineers

(63)

Fees for the certificates of registered urban planners

(64)

Fees for the certificates of real estate appraisers

(65)

Cost of the registration certificates of real estate brokers

(66)

Fees for the certificates of cost engineers

(67)

Fees for the certificates of supervision engineers

(68)

Charges for examination and license issuance of qualifications of survey and design of projects

(69)

Fees for the certificates of examination on qualification of construction enterprises

(70)

Fees for the construction supervision certificates (including certificates of supervision engineers and certificates of supervision
entities)

(71)

Fees for the qualification certificates of urban planning compilation

24.

Departments of Labor and Social Security

(72)

Cost of wages and funds management handbooks

25.

Education Departments

(73)

Cost of the determination letters for the qualification of intermediary service institutions for studying abroad at one’s own expenses

26.

Communication Departments

(74)

Cost of licenses for operation above and under water

27.

China Securities Regulatory Commissions

(75)

Fees for the examination of issuance

28.

General Administrations of Customs

(76)

Handling charges for the customs supervision over tax-free commodities

(77)

Handling charges for the customs supervision over goods in the export supervision warehouses

(78)

Handling charges for tax refund of imported goods

(79)

Fees for occupying inspection places by vehicles overtime

(80)

Fees for inspection of vehicles

29.

Health Departments

(81)

Fees for administration of medical institutions run by the local people

30.

Port Administration Departments (Local Governments)

(82)

Port administration (construction)fees

31.

Departments of Quality Inspection and Quarantine

(83)

Cost of the registration certificates of cotton quality inspectors

32.

Departments of Intellectual Property Rights

(84)

Expenditures for running schools by intellectual property training centers

II.

The following 7 charging items subject to administrative examination and approval, which have been approved by the Ministry of Finance
and the National Development and Reform Commission (including the former State Planning Commission and the former State Price Bureau),
shall be cancelled with the cancellation of the items subject to administrative examination and approval of the State Council (III)accordingly.

1.

Public Security (Work Safety)Departments

(1)

Cost of the licenses for work safety of explosives (including fireworks and firecrackers)

(2)

Cost of the licenses for the sale of explosives (including fireworks and firecrackers)

2.

Finance Departments

(3)

Fees for signing up and examination of registered accountants for their implementation of securities and futures and other relevant
businesses

3.

Agriculture Departments

(4)

Cost of the licenses for veterinary drug preparations

4.

Commerce Departments

(5)

Cost of the certificates for the export of special mechanical and electrical products

(6)

Cost of the certificates of export quotas of mechanical and electrical products

5.

General Administrations of Customs

(7)

Handling charges for the registration and recording of customs declaration entities

III.

The following 12 charging items subject to examination and approval, which fall within the items charged by the relevant departments
by exceeding their powers of examination and approval, shall be promulgated for cancellation.

1.

People’s Banks of China

(1)

Cost of the registration forms for import of mechanical and electrical products

2.

Communications Departments

(2)

Cost of the Licenses for Waterage

(3)

Cost of the conformity certificates of construction and fire control

(4)

Cost of the licenses for fire control construction

(5)

Fees for examination on the fire control construction

(6)

Cost of the certificates for the administration of explosives

3.

Tourism Departments

(7)

Cost of reports on the star-rated tourism hotels

(8)

Cost of the licenses for operation of travel agencies

(9)

Cost of the reports on the declaration of technology of travel agencies

(10)

Cost of the name lists of traveling groups going abroad

(11)

Cost of the certificates of team leader of outbound travel

(12)

Cost of the certificates of grade qualification of tour guides

IV.

The aforesaid charging items shall be cancelled with the cancellation of the items subject to the administrative examination and approval
of the State Council (III).The charging items examined and approved by the relevant departments by exceeding their powers shall be
corrected at once, and other charges shall be canceled as of January 1st, 2005 without exceptions.The relevant implementation departments
and entities that carry out the charging shall, pursuant to regulations, go through formalities for writing off the Charging License
at the competent price department which has issued the Charging License originally, and go through formalities for cancellation of
the documentations at the finance department which has issued the charging bills originally.And the balance of the relevant charging
funds shall be turned in to the state treasury or to a special finance account at the exact amount strictly in light of the channels
as prescribed formerly by the finance department.In case any provision of the relevant documents in the past is inconsistent with
this Notice, this Notice shall prevail without exceptions.

V.

After the aforesaid charging items are cancelled, the relevant departments and entities shall perform the duties of administrative
examination and approval or issue expenses as needed for issuance of licenses and certificates according to laws, administrative
regulations and the provisions of the State Council.The finance department at the corresponding level shall give guaranty through
departmental budget or the channels of outlay approved by the finance department.The finance departments at all levels shall guarantee
the expenditures as needed by the relevant departments and entities to perform administrative examination and approval matters according
to law.

VI.

All the localities and the relevant departments shall strictly carry out the provisions of this Notice and Document No.1196 [2004]
of the National Development and Reform Commission, and earnestly implement the charging items promulgated for cancellation, and report
the situations of their own districts and departments on the implementation of the cancellation of charging items and the amount
of money involved to the Ministry of Finance and the National Development and Reform Commission for archival filing.

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

the National Development and Reform Commission

November 24, 2004



 
the National Development and Reform Commission,the Ministry of Finance of the People’s Republic of China
2004-11-24

 







MINISTRY OF COMMERCE, GENERAL ADMINISTRATION OF CUSTOMS ANNOUNCEMENT

Ministry of Commerce, General Administration of Customs

Ministry of Commerce, General Administration of Customs Announcement

No. 78 [2004]

Dec 10, 2004

In accordance with Foreign Trade Law of PRC and Commodity Import and Export Administrative Enactment, Export License Management Commodity
List of 2005 (see Appendix 1) is being issued. Matters of concern are listed as follows:

1,

47 kinds of commodity that are under Export License Management in 2005 (316 8-digit HS code) shall be conducted with the management
of Export Quota License, Export Quota Bidding and Export License respectively.

I,

Commodities under Export Quota License Management: Corn, rice wheat, cotton, tea-leaf, sawed timber, live cattle (for HK & Macao),
live swine (for HK & Macao), live chicken (for HK & Macao), silk, coal, coke, crude oil, product oil, rare earth, antimony ore, antimony
(antimonial alloy included), antimonial products, antimony oxide, wolfram ore, ammonium paratungstate secondary ammonium tungsten,
ammonium metatungstate, tungsten trioxide, blue tungsten oxide, tungstenic acid and its salts, tungsten powder and its products,
zinc ore, zinc and zinc base alloy, tin ore, tin and tin base alloy, and silver.

II,

Commodities under Export Quota Bidding Management: Chinese small iris and products, carborundum, fluorspar lump (powder), talc lump
(powder), soft burning/ reburning magnesium, bauxite, liquorice and products.

III,

Commodities under Export License Management: Live cattle (for markets other than HK or Macao), live swine (for markets other than
HK or Macao), live chicken (for markets other than HK or Macao), beef, pork, chicken, ozone-depleting substance, chemical subject
to control, chemical products liable to produce narcotic drugs, olefin, platinum (export by means of processing trade), computer,
fanner, bicycle, motorcycle, and motorcycle engine.

2,

Besides live cattle, live swine, live chicken exported for HK & Macao, which shall be conducted with Nationality (Regional) Quota
License Management of Global License, the other commodities in the Export License Management List shall all be conducted with Global
Export License Management.

3,

Corn, rice, coal, crude oil, product oil, cotton, antimony ore, antimony (antimonial alloy included), antimonial products, antimony
oxide, wolfram ore, ammonium paratungstate secondary ammonium tungsten, ammonium metatungstate, tungsten trioxide, blue tungsten
oxide, tungstenic acid and its salts, tungsten powder and its products, and silver shall be under state-owned trade management.

4,

For commodities of Export Quota Bidding, no matter traded by what means, all the authorized License Institutions shall sign and issue
Export License based on bid-winning enterprises list and bid-winning amount issued by Ministry of Commerce as well as Apply Export
License Certificate on Quota Bidding Commodities issued by Tendering Office.

5,

As of January 1, 2005, the Export Quota License Management of artificial corundum, gray fabric, part of the silk commodities shall
be eliminated. The minerals that contain magnesia for more than 70% shall be added into the Export License Management.

Appendix:

1,

Export License Management Commodity List of 2005(omitted)

2,

Export License Management Commodity List of Border Petty Trade of 2005(omitted)



 
Ministry of Commerce, General Administration of Customs
2004-12-10

 







MEASURES ON GOVERNING INSURANCE PROTECTION FUND

China Insurance Regulatory Commission

Decree of the China Insurance Regulatory Commission

No. 16

The Measures for the Administration of Insurance Protection Fund, which were deliberated and adopted at the chairmen’s executive meeting
of the China Insurance Regulatory Commission on December 29, 2004, are hereby promulgated and shall come into force as of January
1, 2005.

Chairman Wu Dingfu

December 30, 2004

Measures on Governing Insurance Protection Fund

Chapter I General Provisions

Article 1

With a view of regulating the payment, administration and use of insurance protection fund, guaranteeing the interests of policyholders,
effectively dissolving financial risks and maintaining the financial stabilization, the present Measures are formulated in accordance
with Article 97 and other provisions of the Insurance Law of the People’s Republic China (hereinafter referred to as the Insurance
Law).

Article 2

For the purpose of the present Measures, the “insurance companies” shall refer to the commercial insurance companies established upon
approval of the insurance regulatory institution and registered according to law, including Chinese-funded insurance companies, Chinese-foreign
joint venture insurance companies, solely foreign-funded insurance companies and branches of foreign insurance companies.

For the purpose of the present Measures, the “insurance protection fund” refers to the statutory fund paid by insurance companies
in accordance with the Insurance Law and to be paid for providing relief to the policyholders or companies with ceded policies according
to the principles of centralized management and planned use as a whole when an insurance company is revoked, goes bankruptcy or is
under any of circumstances as recognized by the China Insurance Regulatory Commission (hereinafter referred to as the CIRC) in accordance
with Article 20 of the present Measures.

For the purpose of the present Measures, the “policyholders” shall refer to the parties of insurance contracts who have the power
to claim for policy-related benefits when an insurance company is revoked or goes bankruptcy, including the applicants for insurance,
the insured or the beneficiaries.

For the purpose of the present Measures, the “company with ceded policies”shall refer to a life insurance company that accepts the
legally transferred life insurance contracts from an insurance company that is revoked or goes bankruptcy.

Article 3

The insurance protection fund shall be fallen into the protection fund of property insurance companies and the protection fund of
life insurance companies.

The protection fund of property insurance companies shall be formed by the payments from property insurance companies, comprehensive
reinsurance companies and property reinsurance companies.

The protection fund of life insurance companies shall be founded by the payments from life insurance companies, health insurance companies
and life reinsurance companies.

Article 4

The administration and use of the insurance protection fund shall adhere to the principles of openness, reasonableness and effectiveness.

Article 5

The insurance protection fund shall be subject to the CIRC’s centralized management and planned use as a whole.

Chapter II Payment

Article 6

In the case of insurance business under the scope of relief from the insurance protection fund, an insurance company shall pay the
insurance protection fund according to the following proportions:

(1)

1% of self-retaining premiums for the property insurance, accidental injury insurance and short-term health insurance;

(2)

0.15% of self-retaining premiums for long-term life insurance with a guaranteed interest rate and long-term health insurance;

(3)

0.05% of self-retaining premiums for long-term life insurance without a guaranteed interest rate; and

(4)

The payment proportion for other insurance business of insurance companies shall be separately prescribed by the CIRC.

Article 7

The CIRC shall open a special account for the insurance protection fund, which shall be assessed on the basis of different accounts
of insurance companies.

Article 8

An insurance company shall in time and sufficiently pay the insurance protection fund into the special account for the insurance protection
fund, however if the insurer is under any of the following circumstances, its payment of the insurance protection fund can be paused:

(1)

in case the insurance protection fund surplus of a property insurance company, comprehensive reinsurance company or property reinsurance
company amounts to 6% of its total assets; or

(2)

in case the insurance protection fund surplus of a life insurance company, health insurance company or life reinsurance company amounts
to 1% of its total assets.

Where the insurance protection fund surplus of an insurer reduces or its total assets increase and thus the proportion of the insurance
protection fund to the total assets cannot satisfy the requirements as provided for by the preceding Paragraph, its payment of the
insurance protection fund shall be automatically resumed.

The insurance protection fund surplus of an insurance company equals to the accumulatively paid insurance protection fund plus the
apportioned investment incomes minus the various expenses.

Article 9

In case an insurance company is revoked or declared bankrupt and its insurance protection fund surplus is not enough for the relief
that should be granted to policyholders or the company with ceded policies, the insufficient amount shall be the market share calculated
upon the self-retaining premiums of other companies in the previous year, minus the insurance protection fund surplus.

Article 10

The insurance protection fund paid by an insurer shall be calculated on a yearly basis and be prepaid on a quarterly basis.

The insurance protection fund shall be prepaid by an insurer within 15 working days after the following quarter, and shall settle
it within four months after the end of each year.

Article 11

The CIRC may adjust the payment proportion, the upper limit of scale and the payment methods of the insurance protection fund on the
basis of the actual situations of insurance industry development and the risk.

Chapter III Administration and Supervision

Article 12

The principles of safety, profitability and fluidity shall be adhered to in using the insurance protection fund, and the guarantee
of asset safety is the precondition of the maintenance and increment of asset values.

The use of insurance protection fund shall be confined to the bank deposits, dealings of government bonds and other forms as prescribed
by the CIRC for using the fund. No insurance protection fund may be used for the investments in equities, real estate or other industries.

The CIRC may authorize a professional investment management institution for the use of insurance protection fund.

Article 13

The insurance protection fund council shall undertake the responsibility for supervising the administration and use of insurance protection
fund.

Article 14

The insurance protection fund council consists of such institutions as the insurance companies, the Legislative Affairs Office of
the State Council, the Ministry of Finance, the People’s Bank of China and State Administration of Taxation.

The measures for the work of the insurance protection fund council shall be separately prescribed by the CIRC.

Article 15

The CIRC shall, within five months after the end of each fiscal year, complete the audited financial report about the insurance protection
fund, and make it public to the council, member entities and all insurance companies.

Chapter IV Use

Article 16

In case an insurance company is revoked or declared bankrupt, and its liquidation properties are insufficient for paying the policy-related
benefits, the insurance protection fund shall offer relief to the policyholders of non-life insurance contracts in accordance with
the following principles:

(1)

Policyholders’ losses that are no more than 50,000 yuan will be fully covered by the insurance protection fund;

(2)

For individual policyholders, in the case of the losses in excess of 50,000 yuan, the insurance protection fund will cover 90 percent
of the extra part; for corporate policyholders, in the case of the losses in excess of 50,000 yuan, the insurance protection fund
will cover 80 percent of the extra part.

The policyholders’ losses as mentioned in the preceding Paragraph refer to the balance between the policyholders’ policy-related benefits
and the compensations recovered from the liquidation properties.

Article 17

In case a life insurance company is revoked or declared bankrupt, its life insurance contracts shall be transferred to another life
insurance company. If it cannot reach an assignment agreement with other life insurance company, the CIRC will designate a life insurance
company to take over the said life insurance contracts.

Article 18

In case the liquidation assets of an insurance company that is revoked or declared bankrupt are insufficient to reimburse the policy-related
benefits under life insurance contracts, the insurance protection fund shall offer relief to the companies with ceded policies in
accordance with the following principles:

(1)

For individual policyholders, relief from the policy-related benefits after the transfer shall not exceed 90 percent of policy-related
benefits prior to the transfer; and

(2)

For corporate policyholders, relief from the policy-related benefits after the transfer shall be no more than 80 percent of policy-related
benefits prior to the transfer.

A company with ceded policies shall evaluate policyholders’ policy-related benefits after the transfer in light of the standards as
prescribed in the preceding Paragraph, and hereby revise life insurance contracts with the policyholders.

Article 19

In case an insurance company is revoked or declared bankrupt, the policyholders shall sign agreements for transferring debts and credits
prior to the end of liquidation, the insurance protection fund shall offer relief to the policyholders and policyholders shall transfer
debts and credits of the insurance company to the insurance protection fund.

After the liquidation, if the compensations obtained by the insurance protection fund exceed the paid relief, the insurance protection
fund shall return the balance to policyholders.

Article 20

In the event of a significant crisis facing the insurance industry that may seriously endanger social public interests and financial
stabilization, the CIRC can draw on the insurance protection fund.

Article 21

The insurance protection fund will not cover losses from any of the following businesses of an insurance company:

(1)

insurance businesses that are directly undertaken overseas by an insurance company and inward transactions from abroad;

(2)

policy insurance businesses of an insurance company; and

(3)

any other insurance business as identified by the CIRC that is not under the scope of relief from the insurance protection fund.

Chapter V Legal Liabilities

Article 22

Any insurance company in violation of this Measures shall be ordered to correct and be imposed upon a fine of 50,000 yuan up to 300,000
yuan; in case the circumstances are serious, its scope of businesses may be restricted and it may be ordered to stop undertaking
new businesses or its business permit for insurance businesses shall be withdrawn.

The senior management personnel and persons directly responsible for the illegal acts shall be given warnings or ordered to be dismissed
or replaced and be imposed upon a fine of 20,000 yuan up to 100,000 yuan in light of the different circumstances.

Chapter VI Supplementary Articles

Article 23

The insurance companies shall, within three months as of the implementation day of this Measures, pay 50% of the submitted insurance
protection fund into a special account for the insurance protection fund as opened by the CIRC, and the remaining part shall be paid
off within one year as of the implementation day of this Measures.

Article 24

The power to interpret this Measures shall be vested in the CIRC.

Article 25

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



 
China Insurance Regulatory Commission
2004-12-30

 







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...