Brazilian Laws

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON APPROVING THE CONVENTION FOR THE SAFEGUARDING OF INTANGIBLE CULTURAL HERITAGE

Standing Committee of the National People’s Congress

Decision of the Standing Committee of the National People’s Congress on Approving the Convention for the Safeguarding of Intangible
Cultural Heritage

Adopted on August 28th, 2004

The 11th Session of the Standing Committee of the Tenth National People’s Congress decides to ratify the Convention for the Safeguarding
of Intangible Cultural Heritage, which was adopted at the 32nd meeting of the United Nations Educational, Scientific and Cultural
Organization on November 3rd, 2003; and states simultaneously that the Convention for the Safeguarding of Intangible Cultural Heritage
is not applicable to Hong Kong Special Administrative Region of the People’s Republic of China temporarily before additional notice
is made by the Government of the People’s Republic of China.



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

 







THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ABOUT AMENDING THE NEGOTIABLE INSTRUMENTS LAW OF THE PEOPLE’S REPUBLIC OF CHINA

Standing Committee of the National People’s Congress

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

No. 22

The Decision of the Standing Committee of the National People’s Congress about Amending the Negotiable Instruments Law of the People’s
Republic of China was adopted at the 11th session of the Standing Committee of the 10th National People’s Congress of the People’s
Republic of China on August 28th, 2004. It is hereby promulgated and shall be implemented as of the date of promulgation.

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

August 28th, 2004

The Decision of the Standing Committee of the National People’s Congress about Amending the Negotiable Instruments Law of the People’s
Republic of China

The 11th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China decides to amend
the Negotiable Instruments Law of the People’s Republic of China as follows:

Article 75 shall be deleted.

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

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



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

 







INTERIM MEASURES FOR EXAMINATION ON AND APPROVAL OF ENTERPRISES’ INVESTMENT PROJECTS

the State Development and Reform Commission

Decree of the State Development and Reform Commission of the People’s Republic of China

No. 19

The Interim Measures for Examining and Approving Enterprises’ Investment Projects that have been formulated in accordance with the
Administrative Licensing Law of the People’s Republic of China and the Decision of the State Council on the Reform of Investment
System for the purpose of standardizing the examination and approval by the government of enterprises’ investment projects, are hereby
promulgated and come into force.

Ma Kai, Director of the State Development and Reform Commission

September 15, 2004

Interim Measures for Examination on and Approval of Enterprises’ Investment Projects

Chapter I General Provisions

Article 1

These Measures are formulated in accordance with the Administrative Licensing Law of the People’s Republic of China and the Decision
of the State Council on the Reform of Investment System for the purpose of meeting the requirement of improving the socialist market
economy system and further promoting the reform of the administration system of enterprises’ investment projects.

Article 2

The state shall formulate and issue a Catalogue of Investment Projects Approved by the Government (hereinafter referred to the “Catalogue”),
which shall specify the scope of the investment projects that shall be subject to examination and approval and define the authority
limits for different project approving organs, and are subject to timely adjustments according to the economic situation and the
need of macro control.

The “project approving organs” as referred to in the preceding paragraph means the administrative organs with authority to examine
and approve enterprises’ investment projects as prescribed in the Catalogue, of which, the “administrative department for investment
of the State Council” refers to the State Development and Reform Commission, the “administrative departments for investment of local
governments” refers to the local governments’ development and reform commissions (planning commissions) and economy and trade commissions
(economic commissions) with the functions of investment administration as appointed by the local governments.

Article 3

In the case of the project subject to examination and approval to be invested and constructed by enterprises, the enterprise shall,
in accordance with the relevant provisions of the state, prepare a project application report and submit it to the project approving
organ, which shall conduct examination and approval according to law and strengthen the relevant supervision and administration.

Article 4

All investment projects constructed by all kinds of enterprises in China shall be implemented in accordance with these Measures except
foreign investment projects and overseas investment projects, of which the measures for examination and approval shall be separately
formulated.

Chapter II Contents and Preparation of Project Application Reports

Article 5

The applicant entity shall submit to the project approving organ a project application report in quintuplicate. The project application
report shall be prepared by an organ with the corresponding engineering consultancy qualification and, in the case of a project subject
to the examination and approval by the administrative department for investment of the State Council, the project application report
shall be prepared by an organ with engineering consultancy qualification of grade A.

Article 6

A project application report shall mainly contain the following contents:

(1)

the instance of the applicant entity;

(2)

the instance of the project to be constructed;

(3)

the land to be used and the relevant planning;

(4)

an analysis of utilization of resources and consumption of energy;

(5)

an analysis of the impact on ecological environment; and

(6)

an analysis of economic and social effects.

Article 7

The State Development and Reform Commission shall, in light of the actual need, prepare and issue model project application reports
for major industries and give guidance to the enterprises in their project applications.

Article 8

When submitting the application report to the project approving organ, the project applicant entity shall submit the following documents
together according to the relevant laws and regulations of the state:

(1)

opinions on city planning as given by the administrative department of city planning;

(2)

preliminary opinions on land use of the project as given by the administrative department of land and resources;

(3)

opinions of examination and approval on the environmental impact assessment documents as given by the administrative department of
environmental protection; and

(4)

other documents that shall be submitted in accordance with the relevant laws or regulations.

Article 9

The applicant entity shall be responsible for the authenticity of all submitted documents.

Chapter III Procedures of Examination and Approval

Article 10

In the case of a project subject to examination and approval by the administrative department for investment of the local government
to be invested and constructed by enterprises, the applicant entity shall submit the project application report to the local approving
organ according to the relevant provisions of the local government.

In the case of a project to be constructed by an entity subordinated to the relevant industry department in charge under the State
Council and subject to examination and approval by such department, the entity may submit the project application report directly
to such department together with the opinions of the administrative department for investment of the government at the provincial
level of the place where the project is to be located.

In the case of a project to be constructed by an enterprise group specifically designated in the state plan or by an enterprise directly
under the administration of the Central Government and subject to examination of approval by the administrative department for investment
of the State Council, the group or the enterprise may submit the project application report directly to such department together
with the opinions of the administrative department for investment of the government at the provincial level of the place where the
project is to be located; in the case of a project to be constructed by any other enterprises and subject to the examination of approval
by the administrative department for investment of the State Council, the enterprise shall submit the project application report
to the administrative department for investment of the government at the provincial level of the place where the project is to be
located, which shall present opinions after making preliminary examination and then submit such opinions and the project application
report to the administrative department for investment of the State Council (the submission shall be made by the development and
reform commission in conjunction with the economy and trade commission or economic commission having the functions of investment
administration provided for by the government at the provincial level.)

In the case of a project subject to the examination and approval by the State Council, the enterprise shall submit the project application
report to the administrative department for investment of the State Council, which shall give opinions after making examination and
then submit such opinions and the project application report to the State Council.

Article 11

In case the approving organ considers the application materials uncompleted or, not in accordance with relevant requirements, the
approving organ shall, within five working days after receiving the project application report, notify the applicant entity to make
clarification, supply relevant instances and documents or make adjustment to relevant contents.

After the applicant entity has submitted the complete materials properly, the approving organ shall duly accept the application and
issue a notice of acceptance to the applicant entity.

Article 12

If necessary, the approving organ shall, within four working days after accepting the application, consign a qualified consultancy
agency to make relevant assessment.

The consultancy agency consigned shall present an assessment report within the time limit specified by the approving organ and shall
be responsible for the assessment result. When making assessment, the consultancy agency may demand the applicant entity to give
explanations on the relevant issues.

Article 13

Where conducting examination and approval, the approving organ shall seek opinions from such authorities, if it finds that the functions
of any other authorities are involved in its examination. Such authorities shall provide to the approving organ written opinions
within seven working days after receiving the letter of request for opinions (together with the project application report); it shall
be considered as approval if no such opinions have been returned within the time limit.

Article 14

In the case of a project that may have a serious impact on the public interests, when making its examination, the approving organ
shall ask for opinions from the public in an appropriate manner. For especially important projects, the specialist appraisal system
shall be adopted.

Article 15

The approving organ shall, within 20 working days after receiving the project application report, make a decision on whether or not
to approve the application, and publicize it to public or submit its opinions to the approving organ at a higher level. Where it
is difficult due to any special reason to make a decision within such time limit, the period may be extended for ten working days
with the approval of the person in charge of the approving organ and promptly notify the applicant entity the reasons for the extension
stated.

The period specified in the preceding paragraph does not include time required for the assessment by a consultancy agency, asking
for opinions from the public or appraisal by the specialists.

Article 16

In the case of an approved project, the approving organ shall issue to the applicant entity an approval letter with copies thereof
sent to the relevant departments and the approving organ at a lower level; for a disapproved project, the approving organ shall issue
to the applicant entity a disapproval letter with the reasons for disapproval stated, with copies thereof sent to the relevant departments
and the approving organ at a lower level. In the case of a project approved by the State Council, the approval letter shall be issued
by the administrative department for investment of the State Council.

Article 17

Any applicant entity disagreeing with the decision of the approving organ may apply for an administrative review or initiate administrative
proceedings in accordance with law.

Chapter IV Standards for Examination and Validity of Approval

Article 18

The project approving organ conducts examinations on the investment projects mainly with regard to the following standards:

(1)

compliance with the laws and regulations of the state;

(2)

compliance with the national economic and social development planning, planning of the industry, industrial policy, standards for
admittance into the industry and the overall land use planning;

(3)

compliance with the macro control policies of the state;

(4)

rationality of regional distribution;

(5)

the major products of the project not constituting a monopoly in the domestic market;

(6)

no adverse effect on the country’s economic security;

(7)

rational exploitation and effective utilization of resources;

(8)

effective protection of ecological environment and natural and cultural heritage; and

(9)

no serious adverse effect on the public interests, especially those in the place where the project is to be located.

Article 19

According to the project approval document, the applicant entity shall go through the procedures for the use of land, utilization
of resources, city planning, safe production, import of equipment and confirmation of tax exemption and reduction, etc.

Article 20

The validity term of the approval document shall be two years, starting from the date of issue. In case the construction of any project
has failed to start within the validity term of the approval document for the project, the enterprise concerned shall, 30 days prior
to the expiry of the validity term, apply to the original project approving organ for extension. The original project approving organ
shall make a decision on whether or not to permit the extension before the expiry of the validity term. An approval document shall
automatically become invalid upon the expiry of the validity term thereof, if the construction of the project has failed to start
within the validity term and no application for extension has been made to the original project approving organ.

Article 21

In case the content of the approval document for any project needs to be adjusted, the enterprise concerned shall promptly submit
a written report to the original project approving organ, which shall, in light of the specific circumstances, issue a confirmation
letter or demand the enterprise to go through the approval procedures anew.

Article 22

None of the authorities for land and resources, environmental protection, city planning, quality supervision, securities regulation,
foreign exchange administration, supervision and control of safe production, administration of water resources and customs may handle
relevant procedures, and no financial institution may grant any loan, for any project that is subject to the examination and approval
by the project approving organ but not applied, or for which the application submitted has not been approved.

Chapter V Legal Responsibility

Article 23

Project approving organs and their staff shall strictly abide by the relevant provisions, laws, regulations and these Measures, may
not add or reduce under disguised form any matters to be examined, and may not put off the examination and approval.

Article 24

Any staff of the approving organs who abuses his authority, neglect his duties, engages in malpractice for personal benefits, extorts
or takes bribes in the work of examination of approval of the investment projects shall be subject to an administrative sanction
or, if a crime is constituted, his criminal responsibility shall be investigated according to law.

Article 25

Any consultancy and assessment agency and its staff who acts contrary to the professional ethics and causes gross losses and baneful
effects in the work of assessment shall be subject to corresponding responsibility.

Article 26

In case any applicant entity has obtained an approval letter by unjust means, such as partitioning the project and providing false
materials, the project approving organ shall cancel the approval letter according to law.

Article 27

The project approving organs shall strengthen the supervision and management of enterprises’ investment projects in conjunction with
the authorities for city planning, land and resources, environmental protection, banking supervision and administration and safe
production. Where it comes to notice that the construction of any project subject to examination and approval has started without
submitting a report for such examination and approval or without an approval letter or without abiding by the requirements by the
approval letter, the approving organ shall promptly give an order to stop the construction, and the person liable shall subject to
the legal and administrative responsibilities.

Chapter VI Supplementary Provisions

Article 28

The administrative departments for investment of the governments at the provincial level and the relevant trade departments in charge
under the State Council with the examination and approval authority may formulate their respective implementing measures in accordance
with the spirit of and requirements of the Administrative Licensing Law of the People’s Republic of China, the Decision of the State
Council on the Reform of the Investment System and these Measures.

Article 29

Projects falling into the scope of the Catalogue of Investment Projects Subject to Approval of the Government and to be constructed
by any institution or social organization other than an enterprise shall be subject to examination and approval in accordance with
these Measures.

Article 30

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

Article 31

These Measures shall come into force as of the date of promulgation. Where there is any discrepancy between any provisions concerning
the examination and approval of enterprises’ investment projects as made before and these Measures, the latter shall prevail.



 
the State Development and Reform Commission
2004-09-15

 







RULES FOR THE DISTRIBUTION OF THE IMPORT TARIFF QUOTA OF PALM OIL, BEAN OIL, RAPE SEED OIL AND SUGAR IN 2005

Ministry of Commerce

Announcement of the Ministry of Commerce of the People’s Republic of China

No.60

In accordance with the Interim Measures for Administration of Import Tariff Quota of Agricultural Products (Decree of the Ministry
of Commerce, and National Development and Reform Commission [2003]No.4), the Rules for the Distribution of the Import Tariff Quota
of Palm Oil, Bean Oil, Rape Seed Oil and Sugar in 2005 are formulated and hereby notified.

The Ministry of Commerce

Sep. 29, 2004

Rules for the Distribution of the Import Tariff Quota of Palm Oil, Bean Oil, Rape Seed Oil and Sugar in 2005

In accordance with the Interim Measures for Administration of Import Tariff Quota of Agricultural Products (Decree of the Ministry
of Commerce, and National Development and Reform Commission [2003]No.4), the quantity of tariff quota of palm oil, bean oil, rape
seed oil and sugar, application qualification and the rules for the distribution in 2005 are hereby announced as follows;

I.

The quantity of import tariff quota of palm oil, bean oil, rape seed oil and sugar in 2005:

Palm oil bean: 3,168,000 tons, of which state-run trade accounts for 10%; bean oil: 3,587,100 tons, of which state-run trade accounts
for 10%; rape seed oil: 1,243,000 tons, 10% of which is for state-run trade; sugar: 1,945,000 tons, 70% of which is for state-run
trade.

II.

The applicant of the import tariff quota of palm oil, bean oil, rape seed oil and sugar shall have the following basic qualifications:
registering with administration department for industry and commerce before October 1, 2001 and having passed the latest annual examination
and inspection of administration department for industry and commerce in accordance with pertinent provisions; and having no record
of violation of import provisions in terms of custom, foreign exchange, industry and commerce, taxation and quality control in the
year of 2003 and 2004; and no violation of the Interim Measures for Administration of Import Tariff Quota of Agricultural Products

On the premise of having the said qualifications, the quota applicant must fulfill one of the following qualifications:

1.

Palm Oil

(1)

a state-trading enterprise;

(2)

a central enterprise with state reserve function;

(3)

an enterprise which has applied and received the palm oil import tariff quota in 2004;

(4)

a food manufacturing enterprise taking palm oil as direct producing raw material using 3,000 tons of palm oil or above annually, having
registered capital not less than RMB 3 million yuan and annual sales volume not less than RMB 30 million yuan.

A grease refining enterprise taking palm oil as raw material, dealing with crude oil not less than 200 tons per day, having registered
capital not less than RMB 5 million yuan and annual sales volume not less than RMB 100million yuan; or

(5)

an enterprise which is engaged in processing trade using palm oil as raw materials.

2.

Bean Oil

(1)

a state-trading enterprise;

(2)

a central enterprise with state reserve function;

(3)

an enterprise which has applied and received import tariff quota of the bean oil in 2004;

(4)

a grease processing enterprise producing refined oil, dealing with 200 tons of crude oil or above per day, with RMB 5 million yuan
or above in registered capital, and 100 million yuan or above in annual sales volume; or

(5)

an enterprise which is engaged in processing trade using bean oil as raw materials.

3.

Rape Seed Oil

(1)

a state-trading enterprise;

(2)

a central enterprise with state reserve function;

(3)

an enterprise which has applied and received the rape seed oil import tariff quota in 2004;

(4)

a grease processing enterprise producing refined oil, dealing with 200 tons of crude oil or above per day, with RMB 5 million yuan
or above in registered capital and 100 million yuan or above in annual sales volume; or

(5)

an enterprise which is engaged in processing trade using rape seed oil as raw materials.

4.

Sugar

(1)

a state-trading enterprise;

(2)

a central enterprise with state reserve function;

(3)

enterprises which has applied and received the sugar import tariff quota in 2004;

(4)

a sugar-making enterprise processing 600 tons of raw sugar or above annually, with RMB 10 million yuan or above in registered capital
and RMB 200million yuan or above in annual sales volume; or

(5)

an enterprise which is engaged in processing trade using sugar as raw materials.

As for the 12 western provinces and regions determined by the state, and Yanbian autonomous prefecture of Jilin province; Enshi area
of Hubei province; Xiangxi autonomous prefecture of Hunan province, the conditions of application for the tariff quotas of palm oil,
bean oil, rape seed oil, in terms of producing capacity, registered capital and sales volume shall be carried out according to the
half of the above standards.

III.

The tariff quota applicant shall provide the following materials:

1.

the application report on import tariff quotas of agricultural products;

2.

the application form of import tariff quotas of agricultural products;

3.

the copy of the business license (duplicate) of the enterprise as legal person which has passed the latest annual examination and
inspection of administration department for industry and commerce in accordance with pertinent provisions;

4.

auditing report of enterprise in 2003 provided by qualified audit firm or the copy of value-added tax application form of general
taxpayer in 2003 submitted when making annual tax inspection in 2003.

The applicants with import performance shall only provide the materials stipulated under subparagraph (1) to (3). New application
enterprise shall provide all the materials stipulated above, and if built and put into production after 2003, the new application
enterprise shall provide the approval paper to the feasibility study report of the construction project granted by the department
in charge (or the approval papers of projects proposal) and the check and acceptance report.

IV.

The basic principles of import tariff quotas allocation of agricultural products cited above are in the light of historical import
performance, productive capacity, sales volume as well as other relevant commercial standards

1.

In case the total quantity of import tariff quotas for being allocated is available to meet the total application quantity of qualified
applicants, the quantity of tariff quotas shall be allocated according to the application quantity of the applicants.

2.

In case the total quantity of import tariff quota for being allocated fails to meet the total application quantity of qualified applicants,
for general trading import, the applicant with import performance may take priority in obtaining the quota in equal proportion based
on the quota quantity of previous year. For those without import performance, in accordance with their processing capacity and sales
volume, the quantity of import tariff quotas shall be allocated in proportion among them. The one whose producing capacity and sales
volume is up to the minimum standard shall obtain the minimum quota allocation quantity, the one whose producing capacity and sales
volume is above the minimum standard shall obtain more quota in proportion. After the allocation mentioned above, any surplus quota
for being allocated available shall be allocated in proportion according to the quota of the applicant in previous year. The applicant
shall obtain the application quantity if application quantity of the applicant is below the quantity allocated in proportion. With
a view to facilitating the operation of the enterprise, the quota shall be allocated by 100 tons as the minimum unit.

V.

The time of applying for the import tariff quota of palm oil, bean oil, rape seed oil and sugar in 2005 shall be valid from October
15, 2004 to October 30, 2004. The applicants must submit the application to the organ authorized by the Ministry of Commerce at the
place where they register with the department for industry and commerce within the time stipulated above. The quota applicants may
draw the application form of import tariff quota of agricultural products from the organ authorized by the Ministry of Commerce or
download (copy) from the website of the Ministry of Commerce: http:/www.mofcom.gov.cn (see Appendix)

VI.

The organ authorized by the Ministry of Commerce shall be responsible for the application of registered enterprises within its own
region, serve the application of the qualified enterprise to the Ministry of Commerce prior to November 30, 2004 and send a copy
to National Development and Reform Commission simultaneously.

VII.

The Ministry of Commerce shall issue import tariff quota license of agricultural products to end users through the authorized organ
prior to January 1, 2005

Appendix: the application form of import tariff quota of agricultural products(omitted)



 
Ministry of Commerce
2004-09-29

 







MEASURES FOR THE ADMINISTRATION OF FOREIGN-RELATED INVESTIGATION

National Bureau of Statistics

Order of the National Bureau of Statistics of People’s Republic of China

No. 7

The Measures for the Administration of Foreign-related Investigation, adopted at the 5th executive meeting of the National Bureau
of Statistics on July 19th, 2004, are hereby promulgated and shall be implemented as of the date of promulgation.

Director of the National Bureau of Statistics, Li Deshui

October 13th, 2004

Measures for the Administration of Foreign-related Investigation

Chapter I General Provisions

Article 1

With a view to strengthening the regulation and administration of foreign-related investigation, safeguarding the national security
and public interest and protecting the legal rights and interests of the investigating institutions and the respondents, these Measures
are formulated in accordance with the Statistics Law of the People’s Republic of China and the detailed rules for the implementation
thereof for the purpose of.

Article 2

For the purpose of the present Measures, foreign-related investigation includes:

(1)

market investigation and social investigation conducted under the entrustment or financial aid of any overseas organization, individual
or agency in China of any overseas organization;

(2)

market investigation and social investigations conducted in cooperation with any overseas organization, individual or agency in China
of any overseas organization;

(3)

market investigation lawfully conducted by the agency in China of any overseas organization; and

(4)

market investigation and social investigations whose materials and results are to be provided to any overseas organization, individual
or agency in China of any overseas organization.

Article 3

For the purpose of these Measures, market investigation means any activity of collecting and sorting out information concerning the
performance and prospects of certain commodities and commercial service.

For the purpose of these Measures, social investigation means any activity, other than market investigation, of collecting and sorting
out certain social information by means of questionnaire, interview, observation or any other means.

In these Measures, “overseas” means outside the customs territory of the People’s Republic of China; “in China” means in the customs
territory of the People’s Republic of China.

For the purpose of these Measures, the agency in China of an overseas organization means the branch or permanent representative office
of the organization as established in China with the approval of the Chinese government.

A foreign-related investigation institution referred to herein means any institution that has obtained a permit for foreign-related
investigation according to law.

Article 4

The National Bureau of Statistics shall, in conjunction with the relevant departments of the State Council, be responsible for supervising
and administrating foreign-related investigation of the whole country. The authorities for statistics of the local people’s governments
at the level of county or above shall, in conjunction with the relevant departments of people’s government at the same level, be
responsible for the supervision over and administration of foreign-related investigation in their respective administrative regions.

Article 5

The National Bureau of Statistics and the departments for statistics of the people’s government at the provincial level and the functionaries
thereof shall keep confidential the business secret they learned of during the administration of foreign-related investigations.

Article 6

Anyone who is engaged in a foreign-related investigation shall comply with the Chinese laws, administrative regulations, rules and
the relevant provisions of the State.

Article 7

No organization or individual may carry out any foreign-related investigation that may result in the following consequences:

(1)

violation of the basic principles of the Constitution;

(2)

endangering the unity, sovereignty or territorial integrity of the state;

(3)

stealing, spying out, buying or divulgence of any national secret or information which may endanger the national security or impair
the national interest;

(4)

violation of the religious policy of the state or disruption of ethnic solidarity;

(5)

disturbance of the social economic order, undermining of social stability or harm to the public interest;

(6)

propagation of any cult or superstitions;

(7)

any fraud that may infringe upon the lawful rights and interests of others; or

(8)

any other circumstances as provided for by laws, regulations, rules or relevant provisions of the State.

Article 8

The State shall establish a qualification confirmation system for the administration of foreign-related investigation institutions
and an examination and approval system for the control of foreign-related social investigation projects.

Article 9

Any foreign-related market investigation must be handled through a foreign-related investigation institution, and any foreign-related
social investigation must be handled through a foreign-related investigation institution with an approval of the authority concerned.

No overseas organization or individual may directly conduct any market or social investigation in China or conduct any market or social
investigation through any institution without the foreign-related investigation license.

Chapter II Confirmation of the Qualification and the Administration of Foreign-related Investigation Institutions

Article 10

The National Bureau of Statistics and the authorities for statistics of the people’s governments of all provinces, autonomous regions
and municipalities directly under the Central Government shall be responsible for the qualification confirmation for institutions
applying for a foreign-related investigation license.

No individual and no organization without a foreign-related investigation license may conduct any foreign-related investigation in
any form.

Article 11

Any institution applying for a foreign-related investigation license shall have the following qualifications:

(1)

have been lawfully established with corporate capacity;

(2)

have the scope of operation or business that includes the market or social investigation;

(3)

have personnel familiar with the provisions of the state in respect of the foreign-related investigation;

(4)

have the corresponding ability to conduct foreign-related investigation;

(5)

have conducted at least three investigation projects or have at least 300,000 yuan of investigation turnover in the year prior to
the date of application;

(6)

have a strict and well-established security system; and

(7)

have no record of any major illegal act in the recent two years.

Article 12

The agency in China of an overseas organization with market investigation in its scope of business and meeting the requirements as
provided for in Items (3), (6) and (7) of Article 11 may file an application for a foreign-related investigation license and may
directly conduct market investigation in China with regard to the commodities or commercial service relating to itself, provided
that it may not conduct any social investigation.

Article 13

Where a foreign-related investigation license is applied for, the following documents must be submitted:

(1)

a form of application for a foreign-related investigation license; and

(2)

other materials certifying the satisfaction of the requirements as specified in Article 11 or 12.

Article 14

To apply for a foreign-related investigation license, an institution shall file its application to the National Bureau of Statistics,
in the case of investigation involving more than one province, autonomous region or municipality directly under the Central Government,
or to the authority for statistics of the people’s government of the province, autonomous region or municipality directly under the
Central Government where it is located, in the case of investigation involving only this province, autonomous region or municipality
directly under the Central Government.

The National Bureau of Statistics or the authority for statistics of the people’s government of the province, autonomous region or
municipality directly under the Central Government shall, within 20 days from its acceptance of the application, make a decision
of approval or disapproval. In the case of failure to make such a decision within the time limit, ten days may be extended upon the
approval of the person in charge of the authority, and the applicant shall be notified of the ground for such extension. In the case
of a decision of approval, a foreign-related investigation license shall be issued; in the case of a decision of disapproval, the
applicant shall be notified of such decision with reasons for such disapproval being stated.

Article 15

A foreign-related investigation license issued by the National Bureau of Statistics shall be valid throughout the country. A foreign-related
investigation license issued by the authority for statistics of the people’s government of a province, autonomous region or municipality
directly under the Central Government shall be valid in this province, autonomous region or municipality directly under the Central
Government.

Article 16

The foreign-related investigation license shall give clear indication of the name, type of registration, legal representative or person
in charge and domicile of the investigation institution, issuing organ, date, number and term of the license and the scope of business
licensed.

Article 17

Where any change in the name, type of registration, legal representative or person in charge or domicile of a foreign-related investigation
institution occurs, the institution shall file an application with the issuing organ for a change in its foreign-related investigation
license.

Article 18

A foreign-related investigation license shall be valid for three years.

In case any foreign-related investigation institution wishes to extend the term of its foreign-related investigation license, it shall
file an application with the issuing organ 30 days before the expiry of the term. No extension shall be granted if no application
has been filed within such time limit.

Article 19

Any institution that has terminated its business of foreign-related investigation shall hand over its foreign-related investigation
license to the issuing organ within 30 days from such termination.

An expired foreign-related investigation license shall be handed over to the issuing organ within 30 days from such expiry.

Article 20

No organization or individual may forge, use falsely or transfer any foreign-related investigation license.

Chapter III Administration of Foreign-related Investigation Projects

Article 21

The National Bureau of Statistics and the authorities for statistics of the people’s governments of all provinces, autonomous regions
and municipalities directly under the Central Government shall be responsible for the examination and approval of foreign-related
social investigation projects.

Article 22

Any foreign-related investigation institution applying for approval for a foreign-related social investigation project shall submit:

(1)

a form of application for the foreign-related social investigation project;

(2)

a copy of its foreign-related investigation license;

(3)

a copy of the relevant contract of entrustment, financial aid or cooperation;

(4)

an investigation plan, including the purpose, content, scope, time, respondent and method of the investigation;

(5)

the relevant questionnaire, form or outline for the relevant interviews or observations; and

(6)

other background materials related to the investigation project.

Article 23

To Apply for approval for a foreign-related social investigation project, an institution shall file its application to the National
Bureau of Statistics, in the case of investigation involving more than one province, autonomous region or municipality directly under
the Central Government, or to the authority for statistics of the people’s government of the province, autonomous region or municipality
directly under the Central Government where it is located, in the case of investigation involving only this province, autonomous
region or municipality directly under the Central Government.

The National Bureau of Statistics or the authority for statistics of the people’s government of the province, autonomous region or
municipality directly under the Central Government shall, within 20 days from acceptance of the application, make a decision of approval
or disapproval. In the case of failure to make such a decision within the time limit, ten days may be extended upon the approval
of the person in charge of the authority, and the applicant shall be notified of the ground for such extension. In the case of a
decision of approval, an approval document for the foreign-related social investigation project shall be issued; in the case of a
decision of disapproval, the applicant shall be notified of such decision with reasons for such disapproval being stated.

Article 24

No foreign-related social investigation project having been approved may have any change without authorization. In case any change
is needed, the foreign-related investigation institution shall file an application to the original approving organ with regard to
the part concerned.

The examining and approving organ shall make a decision on approving or disapproving the change in accordance with Paragraph 2 of
Article 23 .

Article 25

The principle of voluntary participation shall be adhered to foreign-related investigation. Any person shall be enpost_titled to decide
for himself whether or not to participate in the investigation without coercion by any organization or individual.

When conducting a foreign-related investigation, a foreign-related investigation institution shall state to the respondents the purpose
of the investigation and may not act falsely in the name of another institution or mislead any respondent.

Article 26

In an approved foreign-related social investigation, the following matters shall be prominently indicated on the front pages of the
questionnaires, forms or outlines for the interviews or observations and stated to the respondents:

the number of the foreign-related investigation license;

the approving organ and the number of the approval document with regard to the investigation project; and

the investigation is conducted in the principle of voluntary participation.

Article 27

A foreign-related investigation institution shall set up records of its business of foreign-related investigations.

Article 28

No organization or individual may forge, use falsely or transfer any approval document for a foreign-related social investigation
project.

Article 29

Each foreign-related investigation institution and its relevant personnel shall keep confidential all and any business secret and
personal privacy they learned of during the foreign-related investigation.

Chapter IV Legal Responsibility

Article 30

Anyone in violation of Article 7 herein shall be subject to the punishment according to Article 34 of the Detailed Rules for the
Implementation of the Statistics Law of the People’s Republic of China.

Article 31

Anyone in violation of any of the provisions herein and involved in any of the following circumstances shall be ordered to make corrections
by the National Bureau of Statistics or the authority for statistics of the people’s government at the provincial level, with a fine
of 500 to 1,000 yuan in the case of not-for-profit investigation activities or, as to for-profit investigation activities, a fine
of one to three times the illegal gain, if any, but not exceeding 30,000 yuan at any event or a fine of 3,000 to 10,000 yuan if there
is no illegal gain. If a crime is constituted, the criminal liability shall be prosecuted according to law:

(1)

conducting any foreign-related investigation not through an institution with a foreign-related investigation license;

(2)

conducting any foreign-related investigation without a license thereof;

(3)

forging, using falsely or transferring any foreign-related investigation license or any approval document for a foreign-related social
investigation project;

(4)

conducting any foreign-related investigation by using an expired foreign-related investigation license; or

(5)

conducting any foreign-related investigation beyond its licensed scope of business.

Article 32

Any foreign-related investigation institution or any staff member thereof in violation of any of the provisions herein and involved
in any of the following circumstances shall be ordered to make corrections by the National Bureau of Statistics or the authority
for statistics of the people’s government at the provincial level, with a fine of 500 to 1,000 yuan in the case of not-for-profit
investigation activities or, as to for-profit investigation activities, a fine of one to three times the illegal gain, if any, but
not exceeding 30,000 yuan at any event or a fine of 3,000 to 10,000 yuan if there is no illegal gain. If a crime is constituted,
the criminal liability shall be prosecuted according to law:

(1)

conducting any foreign-related social investigation without obtaining an approval document;

(2)

making any change in an approved foreign-related social investigation project without authorization;

(3)

divulging any business secret or personal privacy of any respondent;

(4)

coercing anyone into participating in its or his investigation;

(5)

conducting any foreign-related investigation falsely in the name of another institution;

(6)

failing to set up records of its business of foreign-related investigation;

(7)

refusing to accept the inspection of the relevant administrative organ;

(8)

refusing to give facts or provide the relevant materials or giving false representations or providing false materials during the inspection
of the relevant administrative organ; or

(9)

failing to indicate or state to the respondents any of the matters as provided for in Article 26 .

Article 33

Any foreign-related investigation institution in violation any of the provisions herein and involved in any of the following circumstances
shall be ordered to make corrections by the National Bureau of Statistics or the authority for statistics of the people’s government
at the provincial level, with a warning or a fine of 500 to 1,000 yuan being imposed:

(1)

failing to apply for change in its foreign-related investigation license in the case of any change in its name, type or registration,
legal representative or person in charge or domicile; or

(2)

failing to hand over to the issuing organ its foreign-related investigation license in the case of termination of business of foreign-related
investigation, or its expired foreign-related investigation license.

Article 34

Any functionary of an authority for statistics who neglects his duty or abuses his power in the administration of foreign-related
investigation shall be subject to an administrative sanction according to law or, and if a crime is constituted, criminal liability
shall be prosecuted according to law.

Article 35

Any functionary of the National Bureau of Statistics or authorities for statistics of the people’s governments at the provincial level
who divulges any business secret he learned of during the administration of foreign-related investigation shall be subject to civil
liability with an administrative sanction being imposed on the person in charge and other persons directly responsible.

Chapter V Supplementary Provisions

Article 36

The investigation involved in any cooperation project between the Chinese government and any foreign government or international organization
shall be conducted in accordance with the relevant provisions of the state.

Article 37

The time limits as provided for in the Present Measures with regard to the administrative licensing shall be counted on the basis
of working days excluding official holidays.

Article 38

These Measures shall be implemented as of the date of promulgation. The Interim Measures for the Administration of Foreign-related
Social Investigation as promulgated by the National Bureau of Statistics on July 16, 1999 shall be abolished as of the same date.



 
National Bureau of Statistics
2004-10-13

 







ELECTORAL LAW OF THE NATIONAL PEOPLE’S CONGRESS AND LOCAL PEOPLE’S CONGRESSES OF THE PEOPLE’S REPUBLIC OF CHINA

Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China










(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, promulgated by Order No.2
of the Chairman of the Standing Committee of the National People’s Congress on July 4, 1979 and effective as of January 1, 1980;
amended for the first time in accordance with the Resolution on the Revision of Certain Provisions in the Electoral Law of the National
People’s Congress and Local People’s Congresses of the People’s Republic of China, adopted at the Fifth Session of the Fifth National
People’s Congress on December 10, 1982; amended for the second time in accordance with the Decision on the Revision of the Electoral
Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China, adopted at the 18th Meeting
of the Standing Committee of the Sixth National People’s Congress on December 2, 1986; amended for the third time in accordance with
the Decision Regarding Revision of the Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s
Republic of China, adopted at the 12th Meeting of the Standing Committee of the Eighth National People’s Congress on February 28,
1995; amended for the fourth time in accordance with the Decision on Amending the Electoral Law of the National People’s Congress
and Local People’s Congresses of the People’s Republic of China adopted at the 12th Meeting of the Standing Committee of the Tenth
National People’s Congress on October 27, 2004) 

Contents 

Chapter I    General Provisions 

Chapter II   Number of Deputies to the Local People’s Congresses at Various Levels 

Chapter III  Number of Deputies to the National People’s Congress 

Chapter IV   Elections Among Minority Nationalities 

Chapter V    Zoning of Electoral Districts 

Chapter VI   Registration of Voters 

Chapter VII  Nomination of Candidates for Deputies 

Chapter VIII Election Procedure 

Chapter IX   Supervision, Recall and By-Elections Held to Fill Vacancies 

Chapter X    Sanctions Against Disruption of Elections 

Chapter XI   Supplementary Provisions 

 

Chapter I 

General Provisions 

Article 1  The Electoral Law of the National People’s Congress and Local People’s Congresses is formulated in accordance with
the Constitution of the People’s Republic of China. 

Article 2  Deputies to the National People’s Congress and to the people’s congresses of provinces, autonomous regions, municipalities
directly under the Central Government, cities divided into districts, and autonomous prefectures shall be elected by the people’s
congresses at the next lower level. 

Deputies to the people’s congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships,
nationality townships, and towns shall be elected directly by their constituencies. 

Article 3  All citizens of the People’s Republic of China who have reached the age of 18 shall have the right to vote and stand
for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status
or length of residence. 

Persons who have been deprived of political rights according to law shall not have the right to vote and stand for election. 

Article 4  Each voter shall have the right to vote only once in an election. 

Article 5  Elections shall be conducted separately in the People’s Liberation Army, and the procedures for such elections shall
be formulated separately. 

Article 6  Among deputies to the National People’s Congress and local people’s congresses at various levels, there shall be
an appropriate number of women deputies, and the proportion thereof shall be raised gradually. 

The National People’s Congress and the local people’s congresses of the areas with a relatively large number of returned overseas
Chinese shall have an appropriate number of deputies who are returned overseas Chinese. 

Citizens of the People’s Republic of China who reside abroad but who are in China during the election of deputies to people’s congresses
at or below the county level may take part in such elections conducted in their ancestral home town or place of domicile before they
went abroad.  

Article 7  The Standing Committee of the National People’s Congress shall conduct the election of deputies to the National People’s
Congress. The standing committees of the people’s congresses of provinces, autonomous regions, municipalities directly under the
Central Government, cities divided into districts, and autonomous prefectures shall conduct the elections of deputies to the people’s
congresses at the corresponding levels.  

In cities divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns,
election committees shall be established to conduct the election of deputies to the people’s congresses at the corresponding levels.
The election committees of cities not divided into districts, municipal districts, counties and autonomous counties shall be under
the leadership of the standing committees of the people’s congresses at the corresponding levels. The election committees of townships,
nationality townships, and towns shall be under the leadership of the standing committees of the people’s congresses of cities not
divided into districts, municipal districts, counties and autonomous counties. 

The standing committees of the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government,
cities divided into districts, and autonomous prefectures shall direct the work of electing deputies to the people’s congresses at
or below the county level in their administrative areas. 

Article 8  Election funds for the National People’s Congress and the local people’s congresses at various levels shall be disbursed
by the State Treasury. 

Chapter II 

Number of Deputies to the Local People’s Congresses at Various Levels 

Article 9  The number of deputies to the local people’s congresses at various levels shall be determined in accordance with
the following provisions: 

(1) The base number of deputies to the people’s congress of a province, an autonomous region, or a municipality directly under the
Central Government is 350. For a province or an autonomous region, one more deputy may be added for every one hundred fifty thousand
people, and for a municipality directly under the Central Government, one more deputy may be added for every twenty-five thousand
people, however, the total number of its deputies shall not exceed 1,000. 

(2) The base number of deputies to the people’s congresses of a city divided into districts or an autonomous prefecture is 240. One
more deputy may be determined for every twenty-five thousand people; however, if the population of the city or autonomous prefecture
exceeds ten million, the total number of its deputies shall not exceed 650; 

(3) The base number of deputies to the people’s congresses of a county, an autonomous county, a city not divided into districts or
a municipal district is 120. One more deputy may be added for every five thousand people; however, if the population there exceeds
one million six hundred fifty thousand, the total number of deputies shall not exceed 450; if the population is less than fifty thousand
people, the total number of deputies may be less than 120; 

(4) The base number of deputies to the people’s congress of a township, a nationality township or a town is 40. One more deputy may
be added for every one thousand five hundred people; however, if the population of a township or a nationality township exceeds ninety
thousand, the total number of its deputies shall not exceed 100; if the population of a town exceeds one hundred thirty thousand,
its total number of its deputies shall not exceed 130; if the population of a township, a nationality township or a town is less
than two thousand, the total number of its deputies may be less than 40. 

The base number of deputies to a local people’s congress plus the number of deputies added according to the size of the local population
as stipulated in the preceding paragraph shall be the total number of deputies to the local people’s congress. 

The number of deputies to the people’s congresses of an autonomous region or a province where many minority nationalities live in
concentrated community may, upon decision of the Standing Committee of the National People’s Congress, be added by five percent.
The number of deputies to the people’s congress of a county, an autonomous county, a township or a nationality township where many
minority nationalities live in concentrated communities or people live in scattered groups may, upon decision of the standing committee
of the people’s congress of a province, an autonomous region, or a municipality directly under the Central Government, be added by
five percent of the total. 

Article 10  The specific number of deputies to the people’s congress of a province, an autonomous region, or a municipality
directly under the Central Government shall be determined by the Standing Committee of the National People’s Congress according to
this Law. The specific number of deputies to the people’s congress of a city divided into districts, an autonomous prefecture, or
a county shall be determined by the standing committee of the people’s congress of a province, an autonomous region, or a municipality
directly under the Central Government according to this Law and reported to the Standing Committee of the National People’s Congress
for the record. The specific number of deputies to the people’s congress at the township level shall be determined by the Standing
Committee of the people’s congress at the county level according to this Law and reported to the standing committee of the people’s
congress at the next higher level for the record. 

Article 11  Once the total number of deputies to a local people’s congress at any level is determined, it shall no longer be
changed. If the size of the population is changed considerably due to the change of the division in the administrative regions or
the construction of major projects or other reasons, the total number of deputies to the people’s congress at the corresponding level
shall be re-determined according to this Law. 

Article 12  The number of deputies to the people’s congresses of autonomous prefectures, counties and autonomous counties shall
be allocated by the standing committees of the people’s congresses at the corresponding levels, in accordance with the principle
that the number of people represented by each rural deputy is four times the number of people represented by each town deputy. Townships,
nationality townships, and towns with exceptionally small populations shall have at least one deputy in the people’s congresses of
their respective counties and autonomous counties. 

In the administrative areas of counties or autonomous counties which have towns with exceptionally large populations, or have enterprises
and institutions not under the leadership of the people’s governments at or below the county level whose workers and staff account
for a relatively large portion of the county’s total population, the ratio between the number of people represented by a rural deputy
and the number of people represented by a town deputy or a deputy of an enterprise or institution may, upon a decision made by the
standing committee of the people’s congress of the province, autonomous region, or municipality directly under the Central Government,
be smaller than four to one, even to the extent of one to one. 

Article 13  In municipalities directly under the Central Government, cities and municipal districts, the number of people represented
by a rural deputy shall be greater than the number of people represented by an urban deputy. 

Article 14  The number of deputies to the people’s congresses of provinces or autonomous regions shall be allocated by the standing
committees of the people’s congresses at the corresponding levels, in accordance with the principle that the number of people represented
by each rural deputy is four times the number of people represented by each urban deputy. 

Chapter III 

Number of Deputies to the National People’s Congress 

Article 15  Deputies to the National People’s Congress shall be elected by the people’s congresses of the provinces, autonomous
regions, and municipalities directly under the Central Government and by the People’s Liberation Army. 

The number of deputies to the National People’s Congress shall not exceed 3,000. The allocation of the number of deputies shall be
decided by the Standing Committee of the National People’s Congress in accordance with existing conditions. 

The number of deputies to the National People’s Congress to be elected by the Hong Kong Special Administrative Region and the Macao
Special Administrative Region and the methods for their elections shall be prescribed separately by the National People’s Congress. 

Article 16  The number of deputies to the National People’s Congress to be elected by the provinces, autonomous regions, and
municipalities directly under the Central Government shall be allocated by the Standing Committee of the National People’s Congress
in accordance with the principle that the number of people represented by each rural deputy is four times the number of people represented
by each urban deputy. 

    Article 17  The number of deputies to the National People’s Congress to be elected by minority nationalities shall
be allocated by the Standing Committee of the National People’s Congress, in the light of the population and distribution of each
minority nationality, to the people’s congresses of the various provinces, autonomous regions, and municipalities directly under
the Central Government, which shall elect them accordingly. Nationalities with exceptionally small populations shall each have at
least one deputy. 

Chapter IV 

Elections Among Minority Nationalities 

Article 18  In areas where minority nationalities live in concentrated communities, each minority nationality shall have its
deputy or deputies sit in the local people’s congress. 

Where the total population of a minority nationality in such an area exceeds 30 percent of the total local population, the number
of people represented by each deputy of that minority nationality shall be equal to the number of people represented by each of the
other deputies to the local people’s congress. 

Where the total population of a minority nationality in such an area is less than 15 percent of the total local population, the number
of people represented by each deputy of that minority nationality may be appropriately smaller, but shall not be less than half the
number of people represented by each of the other deputies to the local people’s congress. In autonomous counties where the population
of the minority nationality practising regional autonomy is exceptionally small, the number of people represented by each deputy
of this minority nationality may, upon a decision made by the standing committee of the people’s congress of the province or autonomous
region, be less than half the number of people represented by each of the other deputies. Other nationalities with exceptionally
small populations living in concentrated communities shall each have at least one deputy. 

Where the total population of a minority nationality in such an area accounts for not less than 15 percent and not more than 30 percent
of the total local population, the number of people represented by each deputy of that minority nationality may be appropriately
smaller than the number of people represented by each of the other deputies to the local people’s congress, but the allocated number
of deputies to be elected by that  minority nationality shall not exceed 30 percent of the total number of deputies. 

Article 19  In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships,
and towns where a certain minority nationality lives in a concentrated community, the provisions of Article 18 of this Law shall
be applicable to the election to the local people’s congresses of deputies of other minority nationalities and the Han nationality
also living in concentrated communities in such areas. 

Article 20  With respect to minority nationalities living in scattered groups, the number of people represented by each of their
deputies to the local people’s congresses may be less than the number of people represented by each of the other deputies to such
congresses. 

In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships, and towns where a
certain minority nationality lives in a concentrated community, the provisions of the preceding paragraph shall be applicable to
the election to the local people’s congresses of deputies of other minority nationalities and the Han nationality living in scattered
groups in such areas. 

Article 21  In cities not divided into districts, municipal districts, counties, townships, nationality townships, and towns
where various minority nationalities live in concentrated communities, the minority nationality electorates may vote separately or
jointly in the election of deputies to the local people’s congress, depending on the relations between the nationalities, and their
residential situation in such areas. 

In autonomous counties and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated
community, the provisions of the preceding paragraph shall be applicable to the election to the respective people’s congresses of
deputies of other minority nationalities and the Han nationality living in such areas.  

Article 22  The electoral documents, roll of voters, voter registration cards, list of candidates for deputies, deputies’ election
certificates and election committee seals made or published by autonomous regions, autonomous prefectures and autonomous counties
shall be in the written languages of the nationalities commonly used in the locality. 

Article 23  Other matters concerning elections among minority nationalities shall be handled with reference to the provisions
of the relevant articles of this Law. 

Chapter V 

Zoning of Electoral Districts 

Article 24  The number of deputies to the people’s congresses in cities not divided into districts, municipal districts, counties,
autonomous counties, townships, nationality townships, and towns shall be allocated to the electoral districts, and elections shall
be held in the electoral districts. The zoning of electoral districts may be decided according to the voters’ residence or on the
basis of production units, institutions and work units. 

The zoning of electoral districts shall be decided on the basis of one to three deputies to be elected from each electoral district. 

Article 25  The number of people represented by each deputy from an urban electoral district shall be generally the same. The
number of people represented by each deputy from a rural electoral district shall be generally the same. 

     

Chapter VI 

Registration of Voters 

Article 26  The registration of voters shall be conducted on the basis of electoral districts, and the voters’ qualifications
confirmed through registration shall have long-term validity. Prior to each election, voters who have reached the age of 18 since
the last registration of voters or who have had their political rights restored after a period of deprivation of political rights
has expired, shall be registered. Voters who have moved out of the electoral districts where they originally registered shall be
included in the roll of voters in the electoral districts to which they have newly moved; those who are deceased or have been deprived
of political rights according to law shall be removed from the roll. 

Citizens who suffer from mental illness and are incapable of exercising their electoral rights shall, upon determination by the election
committee, not be included in the roll of voters. 

Article 27  The roll of voters shall be made public 20 days prior to the date of election. and voter registration cards shall
be issued.  Where voters take part in elections and cast their votes on the strength of their voter registration cards, they
shall be issued voter registration cards. 

Article 28  Anyone who has an objection to the roll of voters may appeal to the election committee. The election committee shall
make a decision on the appeal within three days. If the appellant is not satisfied with the decision, he may bring a suit in the
people’s court at least five days prior to the date of election, and the people’s court shall make a judgment before the date of
election. The judgment of the people’s court shall be final. 

Chapter VII 

Nomination of Candidates for Deputies 

Article 29  Candidates for deputies to the national and local people’s congresses shall be nominated on the basis of electoral
districts or electoral units. 

Political parties and people’s organizations may either jointly or separately recommend candidates for deputies. A joint group of
at least ten voters or deputies may also recommend candidates. Those who submit recommendations shall inform the election committee
or the presidium of the congress of their candidates’ backgrounds. 

Article 30  The number of candidates for deputies to the national and local people’s congresses shall be greater than the number
of deputies to be elected. 

The number of candidates for deputies to be directly elected by the voters shall be from one third to 100 percent greater than the
number of deputies to be elected; the number of candidates for deputies to be elected by various local people’s congresses to the
people’s congresses at the next higher level shall be 20 to 50 percent greater than the number of deputies to be elected. 

Article 31  Candidates for deputies to the people’s congresses to be directly elected by the voters shall be nominated by the
voters in the various electoral districts and by the various political parties and people’s organizations. The election committee
shall, 15 days prior to the date of election, collect and publish the list of nominees and submit it to voter groups in the respective
electoral districts for discussion and consultation to determine the list of full candidates. If the number of nominated candidates
exceeds the maximum percentage for competitive election as specified in Article 30, the election committee shall submit the list
of candidates to voter groups for discussion and consultation, and the list of full candidates shall be determined according to the
opinions of the majority of voters; if a relative consensus cannot be reached on full candidates for deputies, a preliminary election
shall be conducted and the list of full candidates shall be determined by the order of the number of  

votes that the nominees have obtained in the preliminary election. The list of full candidates shall be made public five days prior
to the date of election. 

When a local people’s congress at or above the county level is to elect deputies to a people’s congress at the next higher level,
the time for nominating and deliberating candidates for such deputies shall not be less than two days. The presidium of the people’s
congress at the said level shall print and distribute the list of the candidates nominated according to law to all the deputies for
deliberation and discussion. If the number of the nominees conforms to the proportion for competitive election as provided in Article
30 of this Law, balloting competitive election shall be held directly. If the number of the nominees exceeds the maximum proportion
for competitive election as provided by Article 30 of this Law, preliminary election shall be held. By the order of the number of
votes that the nominees have obtained in the preliminary election, a formal list of candidates shall be determined in agreement with
the specific proportion for competitive election as it contained in the measures of election  

adopted by the people’s congress at that level in accordance with this Law, and then balloting shall be held.  

Article 32  When a local people’s congress at or above the county level is to elect deputies to the people’s congress at the
next higher level, the nominees for deputies shall not be limited to the current deputies to the lower people’s congress. 

Article 33  The election committee or the presidium of the people’s congress shall brief voters or deputies on the candidates
for deputies. Political parties, people’s organizations, voters and deputies that have nominated candidates for deputies may brief
voters on those candidates at group meetings of voters or deputies. The election committee may arrange for the candidates to meet
with voters and to answer their questions. However, such briefings must stop on the day of election. 

Chapter VIII 

Election Procedure 

Article 34  Where voters directly elect deputies to a people’s congress, they shall, as prescribed by the election committee,
be issued ballots on the strength of their identification cards or voter registration cards. In each electoral district, polling
stations shall be set up, mobile polling boxes provided or election meetings held for the election. Balloting shall be presided over
by the election committee. 

Article 35  Where a local people’s congress at or above the county level is to elect deputies to the people’s congress at the
next higher level, the election shall be presided over by the presidium of the lower people’s congress. 

Article 36  The election of deputies to the national and local people’s congresses shall be by secret ballot. 

If a voter is illiterate or handicapped and is therefore unable to write his ballot, he may entrust another person to write it for
him. 

Article 37  A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.  

Article 38  A voter who is absent from his electoral district during the time of an election may, with the approval of the election
committee and by written authorization, entrust another voter with a proxy vote. A voter shall not stand proxy for more than three
persons. 

Article 39  When balloting has been concluded, scrutineers and vote-counters elected by the voters or deputies, and members
of the election committee or members of the presidium of the people’s congress shall check the number of people who voted against
the number of votes cast and make a record of it; the record shall be signed by the scrutineers. 

Article 40  An election shall be null and void if the number of votes cast is greater than the number of people who voted, and
it shall be valid if the number of votes cast is less than the number of people who voted. 

A ballot shall be null and void if more candidates are voted for than the number of deputies to be elected, and it shall be valid
if fewer candidates are voted for than the number of deputies to be elected. 

Article 41  In a direct election of deputies to the people’s congresses, the election shall be valid, if more than half of all
the voters in an electoral district cast their votes. Candidates for deputies shall be elected only if they have obtained more than
half of the votes cast by the voters that take part in the election. 

When a local people’s congress at or above the county level is to elect deputies to a people’s congress at the next higher level,
candidates for deputies shall be elected only if they have obtained more than half of the votes of all the deputies. 

Where the number of candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the ones
who have obtained more votes shall be elected. Where the number of votes for some candidates is tied, making it impossible to determine
the ones to be elected, another balloting shall be conducted for these candidates to resolve the tie, and the ones who have obtained
more votes shall be elected. 

If the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected,
another election shall be held to make up the difference. When another election is held, the name list of candidates shall, by order
of the number of votes they have obtained in the first balloting, be determined in accordance with the proportion for competitive
election as provided in Article 30 of this Law. If only one deputy is to be elected, the number of candidates shall be two. 

When another election is held to elect deputies to the people’s congress at the county or township level in accordance with the provisions
in the preceding paragraph, the candidates who have obtained more votes than the others shall be elected; however, the number of
the votes they have obtained shall not be less than one-third of the votes cast. When another election is held by the local people’s
congress at or above the county level to elect deputies to the people’s congress at the next higher level, the candidates shall be
elected only when they have obtained a majority vote of all the deputies. 

Article 42  The election committee or the presidium of the people’s congress shall determine, in accordance with this Law, whether
or not the result of an election is valid and shall announce it accordingly. 

Chapter IX 

Supervision, Recall and By-Elections Held to Fill Vacancies 

   

Article 43  All deputies to the national and local people’s congresses shall be subject to the supervision of the voters and
the electoral units which elect them. Both the voters and electoral units shall have the right to recall the deputies they e

OPINIONS OF THE MINISTRY OF COMMERCE CONCERNING RELEVANT ISSUES ON THE APPLICATION FOR EXTENSION FILED BY FOREIGN-CAPITAL ENTERPRISES

the Ministry of Commerce

Opinions of the Ministry of Commerce concerning relevant Issues on the Application for Extension Filed by Foreign-Capital Enterprises

Shang Fa Han [2004] No.71

The departments in charge of commerce of all provinces, autonomous regions, municipalities directly under the central government and
cities directly under state planning:

Whereas it is common in practice how to deal with the problem that the foreign-capital enterprises beyond the legal time limit file
an application for extending the period of operation, in order to carry out the original ideas in legislation correctly, and ensure
the stable operation of foreign-capital enterprises, now the Ministry of Commerce brings forward the opinions of solving this problem,
and please implement it accordingly.

1.

In accordance with Article 13 of the Law of the People’s Republic of China on Chinese-foreign Equity Joint Ventures, Article 24
of the Law of the People’s Republic of China on Chinese-Foreign Contractual Joint Ventures, Article 20 of the Law of the People’s
Republic of China on Foreign-capital Enterprises, and the relevant provisions of the Administrative License Law of the People’s Republic
of China, where the enterprise with foreign investments needs to extend the period of operation, it shall apply to the examination
and approval authorities before 180 days prior to the expiration of the period of operation (hereinafter referred as the “prescribed
time limit”).The examination and approval authorities shall make the decision of approval or disapproval within 30 days from the
date of receiving the application; where no decision is made at the expiration of the enterprise’ period of operation, the extension
shall be deemed to have been approved.

2.

Where the enterprise with foreign investments applies for extending the period of operation later than the “prescribed time limit”,
the examination and approval authorities shall make disposals on the basis of the following principles:

(1)

Where the enterprise submits the application before 30 days prior to the expiration of period of operation (including 30 days), the
examination and approval authorities may accept its application.

(2)

Where the enterprise submits the application within 30 days ahead of or after the expiration of period of operation, the examination
and approval authorities shall not accept its application, except in cases caused by force majeure.

3.

The extension application shall conform to the following conditions:

(1)

The total investors make unanimous consent of extending the period of operation after the expiration of the period;

(2)

The enterprise’ board of directors makes consent decision of extending the period of operation after the expiration of period;

(3)

Application shall, when it is submitted, subject to the relevant laws, regulations and industry policies governing the use of foreign
capital.

The Ministry of Commerce of PRC

November 11, 2004

 
the Ministry of Commerce
2004-11-11

 




MEASURES FOR THE ADMINISTRATION OF AUCTIONS

the Ministry of Commerce

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

No. 24

Measures for the Administration of Auctions, which were deliberated and adopted at the 14th executive meeting of the Ministry of Commerce
on November 15, 2004, are hereby promulgated and shall come into force as of January 1, 2005.

Bo Xilai, the Minister of Commerce

December 2, 2004

Measures for the Administration of Auctions

Chapter I General Provisions

Article 1

With a view to standardizing auction activities, maintaining the order of the auction market and promoting the opening-up and healthy
development of the auction sector, the present Measures are formulated according to the Auction Law of the People’s Republic of China
(hereinafter referred to as the “Auction Law”) and other laws, administrative regulations and rules concerning foreign investment.

Article 2

The present Measures shall be applicable to auction activities by auction companies within the territory of the People’s Republic
of China.

All kinds of for-profit auction activities shall be conducted by lawfully incorporated auction companies.

Article 3

The “auction company” referred to as in the present measures shall mean a limited liability company or a joint stock limited company
incorporated in China to engage in auction activities.

Article 4

The Ministry of Commerce shall be the competent department of auction sector and shall supervise and regulate the auction sector throughout
the country.

The competent departments of commerce of the people’s governments of all provinces, autonomous regions and municipalities directly
under the Central Government (hereinafter referred to as the “competent department(s) of commerce at the provincial level”) and of
the cities divided into districts (hereinafter referred to as the “competent department(s) of commerce at the city level”) shall
supervise and regulate the auction sector in their respective administrative regions.

Article 5

When undertaking auction activities, auction companies must accord with the Auction Law and other relevant laws, administrative regulations
and rules and observe the principles of openness, impartiality, fairness and good faith.

Chapter II Establishment, Change and Termination of Auction Companies

Article 6

To apply for the establishment of an auction company, the investor must have a good credit without records of any act in violation
of laws, administrative regulations or rules.

Article 7

Anyone, who applies to establish an auction company, must meet the following requirements:

(1)

having registered capital of at least one million yuan;

(2)

having its own name, organizational structure and articles of association;

(3)

having a fixed business place ;

(4)

having at least three staff members who are qualified to engage in the auction sector, of which there must be at least one auctioneer;
and having full-time or part-time personnel who are qualified to engage in the sector closely related to its principal business;

(5)

having its auction rules according with the relevant laws, administrative regulations and the present Measures; and

(6)

conforming to the planning of the competent department of commerce for the development of the auction sector.

Article 8

To apply for the establishment of an auction company, one must submit the following materials:

(1)

a written application;

(2)

the articles of association and auction rules;

(3)

a Notice of Advance Approval of Corporate Names as issued by the administrative department for industry and commerce;

(4)

the resume and valid ID certificate of the person to be the legal representative;

(5)

the qualification certificate of the auctioneers to be employed for the practice of auction business and relevant qualification certifications
of other staff members to be employed; and

(6)

a certificate of post_title to or a contract of tenancy for the fixed place of business.

Article 9

When conducting auction sales of cultural relics, every auction company shall comply with the laws and administrative regulations
concerning such auctions.

Auction sales of confiscated articles and articles seized for payment of taxes or fines by administrative organs of the state, confiscated
articles and articles seized for payment of fines or fines by the people’s courts, recovered articles that cannot be returned to
their owners and other special state-owned assets shall be conducted by auction companies that have corresponding auction qualifications.
The specific requirements for such qualifications shall be determined by the competent departments of commerce at the provincial
level in conjunction with the departments concerned in the light of the principles of standard administration and competitive selection,
which shall be submitted to the Ministry of Commerce for archival purposes.

Article 10

The name of an auction company shall conform to the provisions on the registration and control of corporation names, and shall contain
the word “auction” as a description of the trade that the company engages in.

Article 11

To apply for the establishment of a branch, an auction company shall meet the following requirements.

(1)

the establishment of a branch shall accord with the planning for the development of the auction sector;

(2)

the company shall have passed the annual inspection;

(3)

the registered capital of the company shall be not lower than 5 million yuan and be paid in full amount; and the company shall appropriate
to each of its branches at least a million yuan of cash or in kind;

(4)

the branch to be set up shall have at least two staff members who are qualified to engage in the auction sector and shall have full-time
or part-time personnel who are qualified to engage in the sector closely related to its principal business;

(5)

the branch to be set up shall have a fixed place of business; and

(6)

the company shall have engaged in the auction business for at least three years, make profits during the recent two successive years
and have had a total auction turnover of not less than 50 million yuan for the last year; or the company shall have had a total auction
turnover of not less than 200 million yuan for the last year.

Article 12

To apply for the establishment of a branch, an auction company must submit:

(1)

an application report for the establishment of a branch;

(2)

a duplicate of the business license of the company as a business corporation;

(3)

the annual financial statements of the company for the last two years as audited by an accounting firm;

(4)

the resume and valid ID certificate of the person to be in charge of the branch;

(5)

the qualification certificate for the practice of auction business of the person to be employed as an auctioneer and the corresponding
qualification certifications of persons to be employed as staff members of the branch; and

(6)

a certificate of post_title to or a contract of tenancy for the fixed place of business.

Article 13

The following procedures shall be followed for the establishment of an auction company or a branch thereof:

The application for the establishment of an auction company or a branch thereof shall, after the examination of the local competent
department of commerce at the city level, be submitted to the competent department of commerce at the provincial level for verification
and issuance of an approval certificate for auction business, with which the applicant shall go through the registration formalities
at the local administrative department for industry and commerce.

The competent departments of commerce at the provincial level may adopt hearing of witnesses on the establishment of an auction company
or a branch thereof.

The approval certificate for auction business shall be uniformly printed by the Ministry of Commerce.

Article 14

In the case of any change in an auction company, the company must submit such change to the competent department of commerce at the
provincial level for verification and for re-issuance of an approval certificate for auction business before going through the formalities
of change registration with the administrative department for industry and commerce.

Article 15

The approval certificate for auction business shall automatically become invalid, in case the relevant auction company or branch thereof
fails to draw a business license within six months from receipt of such certificate.

Where an auction company or a branch thereof fails to start business within six months from its establishment or has held no auction
sales or has no tax certificates without justified reasons consecutively in six months after it starts business, the relevant departments
shall revoke its business license and the department of commerce shall withdraw its approval certificate for auction business.

Article 16

An auction company, which is dissolved for any reason as specified in its articles of association, a resolution of its shareholders’
meeting or any other reasons, or closed due to its violation of any law, administrative regulations or the present Measures or declared
bankrupt according to law for its insolvency, shall be cancelled according to law by relevant departments.

Chapter III Establishment, Change and Termination of Foreign-invested Auction Companies

Article 17

Foreign-invested auction companies may engage in for-profit auction business unless it is otherwise provided for by any law or administrative
regulation.

Article 18

Foreign investors, who have a considerable economic strength, advanced auction technologies and operation and management experience
and extensive international auction marketing network, are encouraged to establish foreign-invested auction companies in China.

Article 19

In addition to those provided for in Article 7 hereof, the following requirements shall be met for the establishment of a foreign-invested
auction company:

(1)

relevant provisions concerning the registered capital and total investment of foreign-invested enterprises shall be observed; and

(2)

the management duration of a foreign-invested auction company shall generally not beyond 30 years; in the case of one in a central
or western area, the management duration shall not beyond 40 years.

Article 20

To apply for the establishment of a branch, a foreign-invested auction company shall on time take part in and have passed the joint
annual inspection of foreign-invested enterprises in addition to the requirements as provided for in Article 11 hereof.

Article 21

To apply for the establishment of a foreign-invested auction company, the applicant must submit the following documents in addition
to those as provided for in Article 8 hereof:

(1)

the contracts and articles of association (only the articles of association in the case of a foreign-capital auction company) and
the attachments thereto;

(2)

photocopies of the credit and registration certificates of all parties to the investment ();

(3)

the audit reports of all parties to the investment for the last year as audited by an accounting firm;

(4)

a report on assessment of the state-owned assets to be invested by the Chinese investor into the Chinese-foreign equity joint venture
or Chinese-foreign cooperative joint venture to be established; and

(5)

a list of persons to be the members of the board of directors of the company to be established and letters of appointment of the directors
to be appointed by all parties to the investment.

To apply for the establishment of a branch, a foreign-invested auction company shall submit a capital verification report in addition
to those provided for in Article 12 hereof.

Article 22

The following procedures shall be followed for the establishment of a foreign-invested auction company or a branch thereof:

The applicant shall submit its application documents as provided for in Article 20 hereof to the Ministry of Commerce, which shall,
within the specified period of time from receipt of all application documents, make a decision on whether or not to approve the application.
In the case of approval, the Ministry of Commerce shall issue an approval certificate for the establishment of a foreign-invested
enterprise and an approval certificate for auction business, or else give an explanation.

The applicant shall go through the registration formalities at the local administrative department for industry and commerce within
one month from receipt of the approval certificate for the establishment of a foreign-invested enterprise and an approval certificate
for auction business.

The Ministry of Commerce may hold a hearing on the establishment of a foreign-invested auction company or a branch thereof.

Article 23

In the case of any change in a foreign-invested auction company, the company shall submit such change to the Ministry of Commerce
for verification and for re-issuance of an approval certificate for auction business and an approval certificate for the establishment
of a foreign-invested enterprise before going through the formalities for change registration at the administrative department for
industry and commerce.

Article 24

Where a foreign-invested auction company or a branch thereof fails to start business within six months from its establishment or has
held no auction sales or has no tax certificates without justifiable reasons during a consecutive period of six months after it starts
business, the relevant departments shall revoke its business license and the Ministry of Commerce shall withdraw its approval certificate
for auction business.

Article 25

A foreign-invested auction company, which is dissolved for any reason specified in its articles of association, a resolution of its
shareholders’ meeting or board of directors or any other reason, or closed due to its violation of any law, administrative regulations
or the present Measures or declared bankrupt according to law for its insolvency, shall be cancelled by the relevant departments.

Chapter IV Persons Engaged in the Auction Sector and Auction Activities

Article 26

The state shall adopt a credential system to professional and technical personnel in auction sector, under which only a person who
has obtained the qualification certificate to be an auctioneer and registered as an auctioneer may preside over auction sales.

The “auctioneer” referred to as in the present Measures shall mean a person who has passed the national examination for auctioneers,
obtained the qualification certificate to be an auctioneer e of the People’s Republic of China issued by China Auction Association
with the official seals of both the Ministry of Personnel and the Ministry of Commerce affixed on it and registered as an auctioneer.

Article 27

An auctioneer may register as an auctioneer of only one auction company and may not hold a part-time post in any other auction company.

No auctioneer may lend his qualification certificate to be an auctioneer of the People’s Republic of China to any other individual
or entity.

Article 28

An auctioneer may change the auction company of which he has registered as an auctioneer. If he plans to do so, he shall go through
the formalities of change registration with Chine Auction Association.

China Auction Association shall submit the auctioneers’ registrations and change status to the Ministry of Commerce for archival purposes
on a monthly basis.

Article 29

None of the following articles or the rights to property may be put on auction:

(1)

those of which the purchase and sale are prohibited by any law or administrative regulation;

(2)

those to or of which the ownership or the disposition right is in dispute not yet settled by a judicial or administrative organ; and

(3)

goods under the Customs control without Customs clearance.

Article 30

Auction companies shall conduct their auction business according to law and none of them may:

(1)

let or transfer without permission its right to engage in the auction business;

(2)

make false representations of any auction object, which would cause any loss to the purchaser;

(3)

employ any auctioneer without registering according to law or any other person to preside over an auction sale as an auctioneer;

(4)

conduct any unfair competition by maliciously decreasing the commission rate, charging a commission below the auction cost or even
without charging any commission (except for charity auctions) or by offering the consignor a kickback; or

(5)

commit any other act in violation of laws or regulations.

Article 31

If the auction company finds any article or booty for which the public security organ has issued a circular for cooperative investigation,
it shall immediately report that to the public security organ.

Article 32

In the case of entrusted bidding, a power of attorney and a copy of the ID certificates of both the agent and the principal shall
be issued.

The power of attorney shall include the name of the agent, matters delegated and the purview and the term of the delegated authority.

Article 33

Before conducting an auction, the auction company shall conclude a written agreement with its consignor concerning the treatment of
matters when no transaction has been made on the auction object and concerning the compensation for damages that might be caused
due to the consignor’s suspending or terminating of the auction.

Article 34

An auction company shall have a special person to take proper care of the auction objects handed over by its consignors, set up an
auction object custody and shift system and take necessary security measures.

Article 35

To hold an auction sale, the auction company shall make an announcement in pursuance of the properties of the auction objects and
nature of the auction sale within the time limit as provided for by the Auction Law and relevant laws or administrative regulations.
The announcement shall be published in newspapers with larger circulation as designated by the competent department of commerce at
the place where the auction objects are located or where the auction sale is to be held or in other media with a similar influence.

Article 36

Where the auction company ought to exhibit the auction objects before the auction sale, it shall provide convenient conditions for
the competitive bidders to examine such auction objects and offer the relevant materials at the same time.

The auction objects shall be exhibited for at least two days except fresh goods or other perishable goods.

Article 37

An auction company shall be enpost_titled to verify or require the consignor to state the source and defects of the auction object.

The auction company is obliged to state to the competitive bidders any defect of the auction object that it knows or should have known.

Article 38

Where any law, administrative regulation or rule prescribes any special requirements for the purchaser of an auction object, the auction
object may be auctioned off only to persons who meet such requirements.

Where an auction object is the business qualification that needs administrative licensing according to laws, administrative regulations
or rules and is transferable, the consignor shall obtain approval from the administrative organ concerned before the auction sale.

Article 39

The auction company may designate seats for biding agents on the auction spot and make a statement thereof to all bidders at the beginning
of the auction sale.

Article 40

An auction sale shall be suspended under any of the following conditions:

(1)

no competitive bidder is present at the auction sale;

(2)

any third person challenges the ownership to or the disposition right of the auction object and offers a valid certificate on the
spot;

(3)

the consignor has given notice in written form to the auction company before the auction sale on reasonable grounds;

(4)

the auction sale cannot be carried out for the time being due to the occurrence of any accident; or

(5)

any other circumstances under which the auction sale ought to be suspended according to law.

The suspension of an auction sale shall be declared by the auction company. The auction sale shall be resumed upon the elimination
of the reasons for suspension.

Article 41

The auction sale shall be terminated under any of the following conditions:

(1)

the people’s court, an arbitral organ or an administrative organ concerned has determined that the consignor has no disposition right
of the auction object and has given notice of it to the auction company;

(2)

the auction object is ascertained to be a booty;

(3)

the auction sale cannot be carried out due to the occurrence of any force majeure or accident;

(4)

the auction object has been damaged or perished before the auction sale;

(5)

the consignor has given notice in written form of the termination of auction sale to the auction company before the auction sale;
or

(6)

any other circumstances under which the auction sale ought to be terminated according to law.

The termination of an auction sale shall be declared by the auction company. Where the consignor requests to proceed with the auction
sale after the termination of it, he shall go through the auction formalities again.

Article 42

In the case of an auction sale held within the territory of the People’s Republic of China jointly by a foreign-invested auction company
and a Chinese-capital auction company, the auction object shall accord with the relevant provisions of laws, administrative regulations
and the present Measures.

Chapter V Supervision and Administration

Article 43

The Ministry of Commerce shall organize the formulation of relevant rules and policies on auction sector, guide all regions in working
out their respective plans for the development of auction sector and setting up supervision and verification, industry statistic
and credit management systems for auction sector, and shall be responsible for the promotion and administration of the use of foreign
capital and provide operation guidance to self-disciplinary organizations in the auction sector.

Article 44

The competent departments of commerce at the provincial level shall be responsible for the formulation and implementation of the plan
for the development of the auction sector for their respective regions and submit the plan to the Ministry of Commerce for archival
purposes.

The competent departments of commerce at the provincial level shall set up their respective supervision and verification, industry
statistic and credit management systems governing auction companies and persons engaging in the auction sector, shall be responsible
for the verification and licensing of the establishment of auction companies and branches thereof and conduct administration and
guidance of the local self-disciplinary organizations in the auction sector.

The competent departments of commerce at the provincial level shall create conditions for setting up a computer system interconnected
with those of the local auction companies and other administrative departments, keep records of the status of supervision and inspection
and the treatment of auction activities, render their supervision and verification opinions on the auction companies on annual basis,
charge auction companies not up to standard to make rectifications in a specified time limit and report the verification results
to the authorities concerned.

Article 45

The auction associations shall supervise the auction companies and auctioneers according to law and their respective articles of association.
They shall work out their auction criterion, strengthen the self-disciplinary administration, regulate relations between their member
companies and the relevant departments of the government and relations between their member companies, provide service to their member
companies and safeguard the legitimate rights and interests of their member companies.

China Auction Association shall, under the guidance of the Ministry of Commerce, implement an the credit management system of auction
companies throughout the country and organize the examinations, assessment and qualification certification for auctioneers.

Chapter VI Legal Responsibilities

Article 46

Any company, which engages in for-profit auction activities without a license, shall be banned according to the relevant provisions
of the state.

Article 47

Where any auctioneer violates the provisions of Article 26 or 27 hereof or conceals facts and figures from or provides false information
to the regulatory department or commits any other lawless act, the competent department of commerce at the provincial level may notify
such lawless acts and its proposal for treatment to China Auction Association, which shall deal with the offending auctioneer according
to the relevant provisions and report in written form the result of treatment to the competent department of commerce and auction
association at the place of the auctioneer within 10 working days.

Article 48

Any auction company, which has caused any loss to the purchaser by violating the provisions of Article 29 hereof, shall make compensation
for such damages; if such loss is attributable to the consignor, the auction company shall be enpost_titled to recover the loss from the
consignor.

Article 49

Any auction company, which violates the provisions of Article 30 (1) hereof, shall be ordered by the competent department of commerce
at the provincial level to make corrections and be imposed upon a fine not exceeding 30,000 yuan.

Article 50

Any auction company, which violates the provisions of Article 30 (3) hereof, shall be given a warning and a fine at or above the
amount of its illegal earnings with roof of 30,000 yuan pursuant to the severity of the circumstances; in the case of non-illegal
earnings, it shall be given a fine not exceeding 10,000 yuan by the competent department of commerce at the provincial level, and
make compensation for losses caused to the consignor and purchaser according to law, if any.

Article 51

Any auction company, which violates Article 30 (2) or (4) hereof, shall be punished by the relevant administrative organ according
to law.

Article 52

Any auction company, which violates the provisions of Article 35 or 36 hereof by making irregular announcements or exhibitions before
an auction sale, shall be given a warning in the light of the severity of the circumstances, ordered to make corrections or postpone
the auction sale or given a fine not exceeding 10,000 yuan by the competent department of commerce at the provincial level.

Article 53

Where the auction company or consignor violates the provisions of Article 37 hereof by failing to state the defect of the auction
object and causes damages to the purchaser, the purchaser shall be enpost_titled to request the auction company to make compensation ;
if the damages are attributable to the consignor, the auction company shall be enpost_titled to recover the compensation from the consignor.

Where the auction company or the consignor has stated before the auction sale that they cannot guarantee the genuineness or quality
of the auction object, it/he may not bear the responsibility to warrant the defects (hereafter referred to as disclaimer). However,
the disclaimer shall be invalid if the auction company or the consignor knows or should have known the defect of the auction object.

Article 54

Where, after a successful bidding, the consignor fails to assist the purchaser in going through the formalities for changing certificates
or licenses and ownership transfer and thus causes losses to the purchaser or to the auction company, the consignor shall be liable
for such losses according to law.

The consignor shall be liable for the losses of the auction company or the purchaser according to law as caused by the suspension
or termination of the auction sale as required by the consignor.

Article 55

The competent department of commerce at the provincial level or the Ministry of Commerce may withdraw its decision of approval for
the establishment of an auction company or a branch thereof, if such decision has been made:

(1)

by the functionary’s abusing his power or neglecting his duty;

(2)

in violation of the requirements as provided for in the Auction Law or the present Measures; or

(3)

beyond its statutory authority.

Article 56

Where any functionary of a competent department of commerce or any staff member of an auction association abuses his power, engages
in malpractice for private benefit, neglects his duty, extorts or takes bribes, the person in charge who is directly responsible
and other persons directly responsible shall be given an administrative punishment, or shall be investigated for assuming criminal
responsibilities if a crime is constituted.

Article 57

Every functionary of competent departments of commerce shall, according to the relevant provisions on confidentiality, keep confidential
the information he gets to knowwhen performing his duties as required by the relevant auction company, consignor, bidder or purchaser.
In the case of any improper disclosure, he shall be dealt with according to the relevant provisions. Where the auction company believes
that some materials submitted by it to the administrative organ contain any confidential information, it shall mark the “confidential”
on the materials and have them sealed.

Chapter VII Supplementary Provisions

Article 58

The introduction of auction sales into commodity transaction markets, such as the agricultural product wholesale market and motor
vehicle transaction market, and the administration of auction sales on the Internet shall be conducted by referring to the present
Measures in principle, for which the specific measures shall be separately formulated.

Article 59

All wholly state-owned auction companies shall be reorganized according to the relevant provisions of the state.

Article 60

The power to interpret the present Measures shall remain with the Ministry of Commerce.

Article 61

The present Measures shall come into force as of January 1, 2005.

 
the Ministry of Commerce
2004-12-02

 




NOTICE OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION CONCERNING EXTENDING VALUE-ADDED TAX CREDIT SCOPE OF ENTERPRISES ENGAGED IN MILITARY PRODUCTS AND HIGH-TECH PRODUCTS IN NORTHEAST REGION

Ministry of Finance, State Administration on Taxation

Notice of the Ministry of Finance and the State Administration concerning Extending Value-Added Tax Credit Scope of Enterprises Engaged
in Military Products and High-Tech Products in Northeast Region

Cai Shui [2004] No. 227

Departments (bureaus) of finance and bureaus of state taxation of Liaoning province, Jilin province, Heilongjiang province and Dalian
city:

In accordance with “Notice of the Ministry of Finance and the State Administration of Taxation on the Printing and Distribution of
the Provision on ‘Several Issues concerning extending value-added tax credit scope'” (Cai Shui [2004] No. 156), the notice on the
implementation of extending value-added tax credit scope of the enterprises engaged in military products and high-tech products in
Northeast region is hereby notified as follows:

1.

The enterprises engaged in military products and high-tech products listed herein are allowed to be applicable to the scope of extending
value-added tax credit.

2.

The enterprises of military products and hi-tech products subsumed under the scope of extending VAT credit shall implement in accordance
with the pertinent provision of the following documents: “Notice of the Ministry of Finance and the State Administration of Taxation
on the Printing and Distribution of the Provision on Several Issues concerning Extending Value Added Tax Credit Scope in Northeast
Region'” (Cai Shui [2004] No. 156), ” Notice of the Ministry of Finance and the State Administration of Taxation on the Printing
and Distribution of ‘Interim Measures for Extending Value Added Tax Credit Scope in Northeast Region”(Cai Shui [2004] No. 168), “Urgent
Notice of the Ministry of Finance and the State Administration of Taxation on further implementation of Extending Value-Added Tax
Credit Scope in Northeast Region”(Cai Shui [2004] No. 226)

3.

Taxation authorities of all levels shall pay close attention to putting into practice the auditing work concerning income tax of
fixed assets of enterprises engaged in military products and high-tech products, and shall carry it out strictly in accordance with
the relevant provisions. Provided the income tax of fixed assets paid by taxpayer from July 1, 2004 to November 30, 2004 conforms
to the current provision after auditing, the taxation authority concerned shall repay the refundable VAT to the taxpayer duly.

Attachment: List of Enterprises Engaged in Military Products and High-Tech Products in Northeast Region with resp ect to Extended
Scope of VAT Credit (omitted)

Ministry of Finance

State Administration on Taxation

December 27, 2004



 
Ministry of Finance, State Administration on Taxation
2004-12-27

 







REGULATION ON WORK SAFETY LICENSES

State Council

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

No.397

The Regulation on Work Safety Licenses, which has been adopted at the 34th executive meeting of the State Council on January 7th 2004,
is hereby promulgated and shall come into force as of the day of promulgation.

Wen Jiabao, Premier of the State Council

January 13th, 2004

Regulation on Work Safety Licenses

Article 1

With a view to strictly regulating work safety conditions, further enhancing work safety supervision and administration, thus preventing
and reducing work accidents, this Regulation is hereby formulated in accordance with the Work Safety Law of the People’s Republic
of China.

Article 2

The State applies a work safety licensing system to enterprises engaged in mining, construction, and the production of dangerous chemicals,
fireworks and crackers, and blasting equipment for civil use (hereinafter referred to as enterprises).

No such enterprises may engage in production activities without work safety licenses.

Article 3

The department of work safety supervision and administration under the State Council shall be in charge of issuance and administration
of work safety licenses for enterprises subject to the central authority which are engaged in non-coal mining, and the production
of dangerous chemicals and fireworks and crackers.

The departments of work safety supervision and administration under the People’s Governments of the provinces, autonomous regions,
and municipalities directly under the Central Government, shall be in charge of the issuance and administration of work safety licenses
for enterprises outside the scope of the preceding paragraph which are engaged in non-coal mining, and the production of dangerous
chemicals and fireworks and crackers, and be subject to the guidance and supervision of the department of work safety supervision
and administration under the State Council.

The State authority over coal mine safety inspections shall be in charge of issuance and administration of work safety licenses for
coal mining enterprises which are subject to the management of the central authorities.

The authorities over coal mine safety inspections under the People’s Governments of the provinces, autonomous regions, and municipalities
directly under the Central Government, shall be in charge of the issuance and administration of work safety licenses for coal mining
enterprises outside the scope of the preceding paragraph, and be subject to the guidance and administration of the State authority
over coal mine safety inspections.

Article 4

The administrative department of construction under the State Council shall be in charge of issuance and administration of work safety
licenses for construction enterprises which are subject to the central authority.

The administrative departments of construction under the People’s Governments of provinces, autonomous regions, and municipalities
directly under the Central Government, shall be in charge of the issuance and administration of work safety licenses for construction
enterprises outside the scope of the preceding paragraph, and be subject to the guidance and supervision from the administrative
department of construction under the State Council.

Article 5

The administrative department of science, technology and industry for national defense under the State Council shall be in charge
of the issuance and administration of work safety licenses for enterprises engaged in the production of blasting equipment for civil
use.

Article 6

To obtain a work safety license, an enterprise shall satisfy the following work safety conditions:

(1)

Having established and improved the responsibility system for work safety, and formulated a whole set of work safety regulations and
operating rules;

(2)

Its investment in safety is up to work safety requirements;

(3)

Having set up administrative entities for work safety and installed full-time work safety administrative personnel;

(4)

The major person(s)-in-charge and work safety administrative personnel have passed the appraisal;

(5)

The special personnel have passed the appraisal conducted by the competent authority, and have obtained qualification certificates
for special operations;

(6)

The workers have gone through work safety education and training;

(7)

Having workers insured against work-related injuries in accordance with the law and having paid insurance premiums in this regard;

(8)

Its premises, worksites, safety facilities, equipment and technology are up to the requirements of the relevant work safety laws,
regulations, standards and rules;

(9)

Having preventive measures against occupation hazards and providing workers with labor protection articles which are up to the national
standards or standards of the industrial sector concerned;

(10)

Having conducted safety evaluation in accordance with the law;

(11)

Having measures for the testing, assessment and monitoring of sources of grave danger, as well as emergency plans thereabout;

(12)

Having emergency rescue plans for work accidents, and entities or personnel specialized in emergency rescue, and having necessary
emergency rescue materials and equipment; and

(13)

Satisfying other conditions as provided by laws and regulations.

Article 7

Before starting production, an enterprise shall apply for the work safety license to the department in charge of the issuance and
administration of work safety licenses according to the present Regulation, and provide the relevant documents and materials specified
in Article 6 of the present Regulation. The department in charge of the issuance and administration of work safety licenses shall
wrap up its review process within 45 days from the day of receipt of an application, and issue work safety licenses to those found
upon review to satisfy the work safety conditioned specified in the present Regulation. For those failing to satisfy the work safety
conditions as specified in the present Regulation, the said department shall deny their access to work safety licenses, and send
written notices to the applicants with reasons explained for such denial.

A coal mining enterprise shall, prior to its application for the coal production license, apply for the work safety license on a per
mine (pit) basis in accordance with the present Regulation.

Article 8

The work safety licenses shall be in uniform style as prescribed by the department of work safety supervision and administration under
the State Council.

Article 9

The valid period for a work safety license shall be three years. If a work safety license needs to be extended upon its expiration,
the enterprise shall go through the extension procedures three months prior to such expiration with the administrative department
from which the license is issued.

If an enterprise strictly abides by the relevant laws and regulations on work safety and is free of any deadly accident during the
valid period of its work safety license, such license will enjoy a review-free three-year extension upon its expiration, with the
consent of the administrative department from which the license is issued.

Article 10

The departments in charge of the issuance and administration of work safety licenses shall establish and improve the archiving administration
system for such licenses, and make regular release of information to the general public concerning the issuance of licenses to enterprises.

Article 11

The departments in charge of the issuance and administration of work safety licenses for coal mining enterprises, the departments
in charge of the issuance and administration of work safety licenses for construction enterprises, and the departments in charge
of the issuance and administration of work safety licenses for enterprises engaged in the production of blasting equipment for civil
use, shall make annual briefings to the same-level departments of work safety supervision and administration on information concerning
the issuance and administration of work safety licenses.

Article 12

The department of work safety supervision and administration under the State Council and the departments of work safety supervision
and administration under the peoples’ governments of provinces, autonomous regions, and municipalities directly under the Central
Government, shall conduct supervision over the issuance of work safety licenses to enterprises engaged in construction, the production
of blasting equipment for civil use, and coal mining.

Article 13

No enterprises may transfer, use under an assumed name, or use forged, work safety licenses.

Article 14

After obtaining a work safety license, an enterprise may not lower its work safety conditions, and shall improve its routine work
safety management and be subject to the supervision and inspection of the administrative department from which the license is issued.

The departments in charge of the issuance and administration of work safety licenses shall enhance its supervision over and inspection
of license receiving enterprises, and withdraw on a temporary basis or revoke the license upon finding of any failure to satisfy
the work safety conditions specified in the present Regulation.

Article 15

No personnel of the departments in charge of the issuance and administration of work safety licenses may extort or accept any property
from enterprises or seek any other illicit gains, during the issuance, administration, supervision or inspections of such licenses.

Article 16

The supervisory departments shall, according to the Administrative Supervision Law of the People’s Republic of China, conduct supervision
over the departments in charge of the issuance and administration of work safety licenses as well the personnel thereof, on their
performance of duties and responsibilities in accordance with the present Regulation.

Article 17

Every organization or individual is enpost_titled to report the acts in violation of the present Regulation to the relevant authorities
such as the departments in charge of the issuance and administration of work safety licenses or the supervisory departments.

Article 18

Any personnel of the departments in charge of the issuance and administration of work safety licenses who are involved in any of the
following acts may be given administrative sanction of demotion or removal from office; if a criminal offense is constituted, he
or she shall be subject to criminal liabilities.

(1)

Issuing work safety license(s) to enterprises failing to satisfy the work safety conditions specified in the present Regulation;

(2)

Making no statutory handling upon finding that any enterprise is engaged in production activities without work safety licenses;

(3)

Making no statutory handing upon finding that any license receiving enterprise fails to satisfy the work safety conditions specified
in the present Regulation;

(4)

Making no timely handling upon receipt of report on acts in violation of the present Regulation;

(5)

Extorting or accepting property from enterprises or seeking any other illicit gains during the issuance, administration, supervision
or inspections of work safety licenses.

Article 19

Those which, in violation of the present Regulation, are arbitrarily engaged in production without work safety licenses shall be ordered
to suspend production, and be subject to the confiscation of the illicit gains and a fine of 100,000 up to 500,000 RMB. If a criminal
offense is constituted in the wake of a serious accident or any other serious consequences, the offender shall be subject to criminal
liabilities.

Article 20

Those who, in violation of the present Regulation, continue production without going through the extension procedures upon expiration
of work safety licenses shall be ordered to suspend production and go through the remedial procedures within a limited period, and
be subject to the confiscation of the illicit gains and a fine of 50,000 up to 100,000 RMB. And those who continue production without
going through the remedial procedures within the limited period shall be subject to punishment in accordance with Article 10 of
the present Regulation.

Article 21

Those who, in violation of the present Regulation, transfer their work safety licenses shall be subject to confiscation of the illicit
gains, a fine of 100,000 up to 500,000 RMB and the revocation of such licenses; if a criminal offense is constituted, the offender
shall be subject to criminal liabilities; and the transfer recipient(s) shall be subject to punishment in accordance with Article
19 of the present Regulation.

Those who use, under an assumed name, or use forged work safety licenses shall be subject to punishment in accordance with Article
19 of the present Regulation.

Article 22

Enterprises which have already been engaged in production prior the implementation of the present Regulation shall, according to the
provisions of the present Regulation, apply for work safety licenses to the departments in charge of issuance and administration
of such licenses within one year from the day of the Regulation’s implementation. Those which fail to go through the application
for work safety licenses or to satisfy upon review the work safety conditions specified in the present Regulation, but nevertheless
continue production without such licenses, shall be subject to punishment in accordance with Article 19 of the present Regulation.

Article 23

The administrative punishment specified in the present Regulation shall be subject to the determination of the departments in charge
of the issuance and administration of work safety licenses.

Article 24

The present Regulation shall come into force as of the day of promulgation.



 
State Council
2004-01-13

 







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...