Brazilian Laws

TRIAL MEASURES FOR ENTERPRISE ANNUITY

the Ministry of Labor and Social Security

Order of the Ministry of Labor and Social Security of the People’s Republic of China

No.20

The Trial Measures on Enterprise Annuity, which were adopted by the Ministry of Labor and Social Security at the 7th executive meeting
on December 30, 2003, are hereby promulgated and shall come into force as of May 1, 2004.

Zheng Silin, the Minister of the Ministry of Labor and Social Security

January 6, 2004

Trial Measures for Enterprise Annuity

Article 1

With a view to establishing the multi-layer endowment insurance system, guaranteeing that the retirees of enterprises live a better
life and perfecting the social security system, the present Measures are formulated according to the Labor Law and the relevant regulations
of the State Council.

Article 2

The term “enterprise annuity” as mentioned in the present Measures refers to the supplementary endowment insurance system established
voluntarily by enterprises and their employees after they have bought basic endowment insurance. The enterprise annuity shall be
established according to the provisions of the present Measures.

Article 3

An enterprise, which meets the following requirements, may establish the enterprise annuity:

(1)

Having bought the basic endowment insurance and performing the duties of payment according to law;

(2)

Having the corresponding economic capacity; and

(3)

Having established a collective negotiation mechanism.

Article 4

The establishment of enterprise annuity shall be jointly determined by the enterprise and the labor union or the representatives of
the employees through collective negotiation, and the enterprise annuity plan shall also be formulated by them. The draft of the
enterprise annuity plan of a state-owned or state-held enterprise shall be submitted to the assembly of the employees or the assembly
of the representatives of employees for discussion and adoption.

Article 5

The enterprise annuity plan shall cover the following contents:

(1)

Scopes of the persons to buy the insurance;

(2)

Fund raising methods;

(3)

The individual account management method for the enterprise annuity;

(4)

The fund management method;

(5)

The calculating approach and the way of payment;

(6)

Qualifications for the treatment of paying enterprise annuity;

(7)

The organization management and supervisory methods;

(8)

Conditions for suspension of payment; and

(9)

Other matters as stipulated by both parties.The enterprise annuity plan shall apply to the persons whose probation period has expired.

Article 6

The enterprise annuity plan shall be reported to the administrative department of labor and social security of the local people’s
government at or above the county level. The enterprise annuity plan of a large enterprise under the Central Government shall be
reported to the Ministry of Labor and Social Security. Where the administrative department of labor and social security raises no
objection within 15 days as of the date of receipt of the text of the enterprise annuity plan, the enterprise annuity plan shall
go into effect immediately.

Article 7

The expenses necessary for enterprise annuity shall be jointly paid by the enterprise and its employees. The payment of the expenses
by the enterprise shall accord with the relevant regulations of the state, and the part of the expenses paid by the employees may
be deducted from their wages by the enterprise.

Article 8

The expenses paid by the enterprise may not exceed one twelfth of the total amount of wages of the employees of the enterprise in
the previous year. And the sum of the expenses paid by the enterprise and the employees may not exceed one sixth of the total amount
of wages of the employees of the enterprise in the previous year.

Article 9

The enterprise annuity fund is composed of the following items:

(1)

Expenses paid by the enterprise;

(2)

Expenses paid by the employees;

(3)

Proceeds derived from the investment and operation of the enterprise annuity fund.

Article 10

The enterprise annuity fund shall be in the form of complete accumulation and be managed by means of individual accounts.The enterprise
annuity fund may be used for investment and operation according to the regulations of the state. And the proceeds derived from the
investment and operation shall be merged into the enterprise annuity fund

Article 11

The expenses to-be-paid by the enterprise shall be computed pursuant to the proportion as specified in the enterprise annuity plan
and be deposited into the employees’ enterprise annuity individual accounts; and the expenses to-be-paid by employees shall be computed
and deposited into their respective accounts.The proceeds derived from the investment and operation of the enterprise annual fund
shall be deposited into the individual accounts of enterprise annuity pursuant to the net income ratio.

Article 12

When an employee reaches the retirement age as provided for by the state, he (she) may draw the enterprise annuity from his (her)
individual enterprise annuity account in a lump or regularly. No employee under the retirement age as provided for by the state may
draw the said fund out of his (her) account ahead of time.As for an employee who has settled abroad, the fund in his (her) individual
enterprise annuity account may paid to the employee in a lump in light of his (her) requirements.

Article 13

When an employee changes his (her) employer, the fund in his (her) individual enterprise annuity account may be transferred accordingly.
Where an employee enters a school of higher grade, joins the army or the new employer involved doesn’t adopts the enterprise annuity
system, his (her) individual enterprise annuity account may be managed continuously by the former management institution.

Article 14

After the death of an employee or a retiree, the balance in his (her) individual enterprise annuity account shall be drawn out in
a lump by the beneficiary or the legal heir.

Article 15

The enterprise that has established enterprise annuity shall determine an assignee of the enterprise annuity (hereinafter referred
to as the assignee) for the management of the enterprise annuity. The assignee may be the enterprise annuity council established
by the enterprise or a legal person as a trust institution meeting the relevant requirements of the state.

Article 16

The enterprise annuity council shall be composed of the enterprise and the representatives of employees or as well as professional
personnel hired from outside the enterprise. And the representatives of employees may not be less than 1/3 of the total number of
the council members.

Article 17

The enterprise annuity council shall, except managing the matters related to the enterprise annuity, may not engage in any other business
operation.

Article 18

For the determination of an assignee, a written contract shall be concluded between the enterprise and the assignee.

Article 19

The assignee may entrust a qualified enterprise annuity account management institution to act as the account manager who shall be
responsible for the management of the enterprise annuity. It may entrust a qualified investment operating institution to act as the
investment manager who shall be responsible for the investment and operation of the enterprise annuity fund.The assignee may choose
a qualified commercial bank or a professional trust institution to act as the trustee who shall be responsible for the entrustment
of the enterprise annuity fund.A written contract shall be concluded for determining the relationship between the assignee and the
account manager or the investment manager or the trustee.

Article 20

The enterprise annuity fund shall be managed separately from the self-owned assets and other assets of the assignee, account manager,
investment manager and trustee, and may not be used for any other purpose.The enterprise annuity fund shall be managed according
to the relevant provisions of the state.

Article 21

The administrative departments of labor and social security of the people’s governments at or above the county level shall be responsible
for the supervision and inspection of the implementation of the present Measures. Any one having violated the present Measures shall
be given a warning by the administrative department of labor and social security and shall be ordered to make corrections.

Article 22

Where any dispute arises from the performance of the enterprise annuity contract, the parties concerned may apply for arbitration
or file a lawsuit. Any dispute arising from the conclusion or execution the enterprise annual plan shall be settled in accordance
with the regulations of the state on settlement of collective contract disputes.

Article 23

Other entities, which have bought uniform enterprise basic endowment insurance, may establish enterprise annuity by reference to the
present Measures.

Article 24

The present Measures shall come into force as of May 1, 2004. The Circular on Printing and Distributing the Opinions on the Establishment
of Supplementary Endowment Insurance System issued by the former Ministry of Labor on December 29, 1995 shall be repealed simultaneously.



 
the Ministry of Labor and Social Security
2004-01-06

 







PROVISIONS ON MINIMUM WAGES

Ministry of Labor and Social Security

Order of the Ministry of Labor and Social Security of the People’s Republic of China

No. 21

The Provisions on Minimum Wages, which were adopted at the 7th executive meeting of the Ministry of Labor and Social Security on December
30, 2003, are hereby promulgated and shall come into force as of March 1, 2004.

Zheng Silin, the Minister of the Ministry of Labor and Social Security

January 20, 2004

Provisions on Minimum Wages

Article 1

With a view to safeguarding the legitimate rights and interests of the laborers in getting labor remunerations, and ensuring the basic
necessities of laborers and their family members, the present Provisions are formulated according to the Labor Law and other relevant
regulations of the State Council.

Article 2

The present Provisions shall apply to the enterprises, private non-enterprise entities, individual industrial and commercial households
with employees (hereinafter collectively referred to as employing entities) and the laborers who have formed a labor relationship
with those employing entities.

The state organs, public institutions and social bodies and the laborers who have formed a labor relationship with them shall accord
with the present Provisions.

Article 3

The term ” standards on minimum wages” as mentioned in the present Provisions refers to the minimum labor remunerations that shall
be paid by the employing entities according to law under the precondition that the laborers have provided normal labor within the
promissory working hours or within the working hours as prescribed in the labor contracts concluded according to law.

The term “normal labor” as mentioned in the present Provisions refers to the labor undertaken by a laborer, pursuant to the contract
concluded according to law, within the promissory working hours or within the working hours as prescribed in the contract. A laborer’s
enjoying paid annual vocation, home leave, marriage or funeral leave, maternity leave and conception-control operation leave and
his (her) participating in any social activities during the promissory working hours shall be deemed as having offered normal labor.

Article 4

The administrative departments of labor and social security of the people’s governments at or above the county level shall be responsible
for the supervision and inspection over the employing entities’ fulfillment of the present Provisions within their respective administrative
areas.

The labor unions of all levels shall conduct supervision over the implementation of the present Provisions according to law. Where
a labor union finds that any employing entity pays employees wages in violation of the present Provisions, it shall have the power
to demand the local administrative department for labor and social security to deal with the case.

Article 5

In general, the standards of minimum wages appear in two forms, namely the monthly minimum wage standard and the hourly minimum wage
standard. The monthly minimum wage standard applies to full-time employees while the hourly minimum wage standard to non-fulltime
employees.

Article 6

When determining and regulating the monthly minimum wage standard, one should take into consideration factors such as the minimum
costs of living of the local employees and the people supported by them, the urban residents’ consumption price index, the social
insurance premiums and the public accumulation funds for housing paid by the employee themselves, the average wage of the employees,
the level of economic development, the status of employment and etc..

When determining and regulating the hourly minimum wage standard, one shall, on the basis of the announced monthly minimum wage standard,
take into consideration such factors as the basic pension insurance premiums and the basic medical insurance premiums that shall
be paid by the entity. In addition, one shall appropriately take into consideration the disparities between the non-fulltime laborers
and the fulltime laborers in the aspects of working stability, condition, intensity and welfare, etc ..

For the specific calculating methods for the monthly minimum wage standard and the hourly minimum wage standard, please read the Attachment.

Article 7

Different administrative areas within a province, autonomous region or municipality directly under the Central Government may adopt
different standards of minimum wages.

Article 8

The program for determining and regulating the standards on minimum wages shall be formulated by the administrative department of
labor and social security of the people’s government of a province, autonomous region or municipality directly under the Central
Government in consultation with the labor union, the league of enterprises (or the association of entrepreneurs) at the same level,
which shall be reported and submitted to the Ministry of Labor and Social Security. Such a program shall include the basis, applicable
scope, drawn-out standards and explanations on the determination and regulation of the minimum wages. The Ministry of Labor and Social
Security shall, after receiving the program, collect opinions of the China Labor Union and the China League of Enterprises (or the
China Association of Entrepreneurs).

The Ministry of Labor and Social Security may provide advice on the revision of the program. If it fails to provide any advice on
revision within 14 days from the day when it receives the program, it shall be deemed as having granted consent.

Article 9

The administrative department of a province, autonomous region or municipality directly under the Central Government shall report
its program on the standards on minimum wages applicable in their respective areas to the people’s government of this province, autonomous
region or municipality directly under the Central Government, and shall, within 7 days from the day when the program is approved,
announce it through the bulletin of the local government and at least one newspaper circulated widely in the area. The administrative
department of labor and social security shall report the standards on minimum wages to the Ministry of Labor and Social Security
within 10 days from the day when the program is announced by the administrative department of the province, autonomous region or
municipality directly under the Central Government.

Article 10

If the related factors as prescribed in Article 6 of the present Provisions change, after the standards on minimum wages have been
announced for implementation, they shall be regulated in good time. The standards on minimum wages shall be regulated at least once
every two years.

Article 11

The employing entities shall, within 10 days from the day when the standards on minimum wages are announced, announce the standards
to all their laborers thereof.

Article 12

In the event that a laborer has provided normal work, the wage paid by the employing entity shall, after being deducted of the following
items, not be less than the local standards on minimum wages:

(1)

wages paid for extra work done after the promissory working hours;

(2)

allowances given for the middle shift, night shift, and for working under special environmental conditions such as high temperature,
low temperature, downhole operation, venomousness and nocuousness;

(3)

the welfare treatments to laborers as prescribed in the laws, regulations and by the state.

On the basis of the scientific and reasonable labor quota, an employing entity that adopts the way of paying wages by piece or by
deducting a percentage, shall not pay the laborers less wages than the corresponding standard minimum wages.

In case a laborer, for his own reasons, fails to provide normal labor within the promissory working hours or within the working hours
as provided for in the lawfully concluded labor contract, this Article shall not apply

Article 13

Where an employing entity violates Article 11 of the present Provisions, it shall be ordered to make corrections by the administrative
department of labor and social security. If it violates Article 12 of the present Provisions, it shall be ordered to make up the
wages owing to the laborers by the administrative department of labor and social security, and may be ordered to pay laborers compensations
in the sum of one to fives times of the wages owed within a time limit.

Article 14

Where there arises any dispute over the standards on minimum wages between laborers and employing entities, it shall be coped with
according to the provisions on labor disputes.

Article 15

The present Provisions shall come into force as of March 1, 2004. The Provisions on Minimum Wages in Enterprises promulgated by the
former Ministry of Labor on November 24, 24, 1993 shall be repealed simultaneously.

Attachment:The Methods for Calculating Minimum Wages

1.

Factors to be taken into consideration when determining the standards on Minimum Wages

When determining the standards on minimum wages, one shall generally take into consideration the following factors as the living costs
of urban residents, the social insurance premiums and the public accumulation funds for housing paid by employee themselves, the
average wage of the employees, the rate of unemployment and the level of economic development. The formula may be:

M = f (C, S, A, U, E, a )

M: the standards on minimum wages

C: the average living costs of urban residents;

S: the social insurance premiums and the public accumulation funds for housing paid by employee themselves;

A: the average wage of the employees;

U: the rate of unemployment;

E: the level of economic development;

a: the factors.

2.

The universal methods for determining the standards of minimum wages

(1)

The proportion method, that is firstly to determine a certain proportion of families with the minimum average income as poverty families
in light of the investigation materials of the family livelihood of urban residents, then to calculate the average living cost of
the poverty families and multiply it by the coefficient of the people supported by each employee, and finally to make the result
plus an adjustment.

(2)

The Engel Coefficient method, that is to calculate the minimum expense standard for food pursuant to the annual standard cookbook
and the standard quantity of food taken by people as offered by the National Nutrition Academy as well as the market prices of the
standard food, then to divide the minimum expense standard for food by the Engel Coefficient, thus to work out the standards on minimum
living costs, to multiply the minimum living costs by the coefficient of people supported by each employee and finally to make the
result plus an adjustment.

After working out the standards on monthly minimum wage by the above-mentioned methods, one shall take into consideration the following
factors to make necessary amendment as the social insurance premiums paid by the employee themselves, the public accumulation funds
for housing paid by the employee themselves, the average wage of the employees, social assistance grants and the standards on unemployment
premiums, the status of employment and the level of economic development.

For example, if, in a certain region, the minimum monthly living cost of persons within the groups of minimum income is 210 yuan,
the coefficient of the people supported by each employer is 1.87, the minimum expense for food is 127 yuan, the Engel Coefficient
is 0.604, the average wage is 900 yuan.

a.

By the proportion method, the standard on monthly minimum wage worked out is:

The monthly minimum wage = 210￿￿.87￿￿a￿￿393￿￿a(yuan)(1)

b.

By the method of Engel Coefficient, The monthly minimum wage worked out is:

The monthly minimum wage = 127￿￿.604￿￿.87￿￿a￿￿393￿￿a(yuan)(2)

In the formulas (1) and (2) the adjustment “a” mainly involves the expenses for the pension, unemployment and medical insurance premiums
and the public accumulation funds for housing.

In addition, as it is universally considered that the monthly minimum wage is equivalent to 40-60% of the average monthly wage, the
monthly minimum wage of this region shall be ranged from 360 yuan to 540 yuan.

The standard of the hourly minimum wage = {(the standard of the monthly minimum wage ￿￿0.92￿￿)￿￿1￿￿ the summation of the basic
pension insurance premium and the basic medial insurance premium that shall be paid by their respective entities)}￿￿1￿￿the floating
coefficient)

The determination of the floating coefficient shall mainly take into consideration the disparities between the fulltime employees
and the non-fulltime employees in the aspects of working stability, conditions and intensity and welfares.

Every region may rationally determine the standards on monthly and hourly minimum wages by referring to the calculating methods mentioned
above and in light of the local actual circumstances.



 
Ministry of Labor and Social Security
2004-01-20

 







THE PROVISIONS OF THE STATE INTELLECTUAL PROPERTY OFFICE ON ELECTRONIC PATENT APPLICATION

State Intellectual Property Office

Decree of the State Intellectual Property Office

No. 35

The Provisions on Electronic Patent Application, which are formulated for the purpose of regulating the relevant procedures and requirements
for patent application put forward in the form of electronic documents through the Internet, are hereby promulgated and will come
into effect as of March 12, 2004.

State Intellectual Property Office

February 12, 2004

The Provisions of the State Intellectual Property Office on Electronic Patent Application

Article 1

The present Provisions are hereby formulated in accordance with Article 3 and paragraph 2, Article 16 of the Detailed Rules for
the Implementation of Patent Law, for the purpose of regulating the relevant procedures and requirements for patent application put
forward in the form of electronic documents through the Internet (hereinafter referred to as the electronic patent application).

Article 2

Anyone who wishes to make electronic patent applications shall sign the User Agreement for Registration in Electronic Patent Application
System (hereinafter referred to as the “User Agreement”) with the State Intellectual Property Office beforehand.

A patent agency that opens agency business for electronic patent application shall sign the User Agreement with the State Intellectual
Property Office in the name of the patent agency.

Where an applicant who entrusts a patent agency that has signed the User Agreement with the State Intellectual Property Office to
handle electronic patent application business, does not need to sign an additional User Agreement with the State Intellectual Property
Office.

Article 3

Patent Applications for inventions, utility models and industrial designs may all be filed in the form of electronic documents.

For an applicant who is going through the formalities of international patent application and is at the Chinese phase in accordance
with the provisions of paragraph 2, Article 99 of the Detailed Rules for the Implementation of Patent Law, he may submit the documents
as prescribed in Article 101 of the Detailed Rules for the Implementation of the Patent Law in electronic form.

The present Provisions are not applicable to the international application for patent to the State Intellectual Property Office in
accordance with the provisions of paragraph 1, Article 99 of the Detailed Rules for the Implementation of Patent Law.

Article 4

Where an applicant submits an electronic patent application and relevant documents, he/it shall abide by the file formats, data standards,
operational procedures, and ways of transmission as prescribed in the User Agreement. If the application does not comply with the
forgoing prescriptions, and leads to the failure of normal reception of the electronic patent application and relevant documents
by the electronic patent application system, the electronic patent application shall not be accepted, and the relevant documents
shall be deemed as not being submitted.

Article 5

Where an applicant files a patent application in the form of paper documents which is then accepted, he/it shall submit the relevant
documents in paper form in each process of the patent application. Unless there are provisions otherwise, the State Intellectual
Property Office shall not accept the relevant documents submitted by the applicant in the electronic form, and the application will
be deemed as not being submitted in case it does not comply with the provisions of this paragraph.

Where an applicant files an electronic patent application, which is then accepted, he/it shall submit the relevant documents in the
electronic form in each process of the patent application. Unless there are provisions otherwise, the State Intellectual Property
Office shall not accept the relevant documents submitted by the applicant in paper form. And the application will be deemed as not
having been submitted in case it does not comply with the provisions of this paragraph.

Article 6

Where an applicant files an electronic patent application which is then accepted, he shall, for relevant documents that must be submitted
in their originals as prescribed in the Patent Law and its Detailed Implementation Rules and the examination guidelines, submit the
electronic scanning or image text of the original one, and submit the originals within the prescribed or specified time limit.

Article 7

Where an applicant files an electronic patent application, the application date shall be deemed as the date when the State Intellectual
Property Office receives the patent application documents in conformity with the provisions of Patent Law and its Detailed Implementation
Rules. The State Intellectual Property Office shall issue notice of acceptance to the applicant after receiving the patent application
fees paid by the applicant within a prescribed time limit. Where an applicant submits the patent application documents in conformity
with the provisions of the Patent Law and its Detailed Implementation Rules, but fails to pay patent application fees within the
prescribed time limit, the State Intellectual Property Office shall issue notice that is regarded as withdrawal at the same time
of issuing a notice of acceptance.

Article 8

Where an applicant files an electronic patent application, he/it shall pay patent application fees and various other fees. Unless
otherwise there are special provisions, the various fees for electronic patent application shall be paid in accordance with the amount
of charge rates in existence.

Article 9

Where the State Intellectual Property Office issues various notices, decisions and other documents to an applicant for his/its electronic
patent application in the form of electronic documents, the applicant shall obtain them in the way as prescribed in the User Agreement.

Article 10

All the provisions of the Patent Law and its Detailed Implementation Rules and the examination guidelines on patent application and
relevant documents shall be applicable to the electronic patent application, unless there are special provisions otherwise on patent
application and relevant documents that shall be submitted in the form of paper documents.

Article 11

The power to interpret the present Provisions shall remain with the State Intellectual Property Office.



 
State Intellectual Property Office
2004-02-12

 







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

e00254,e03514,e03515

National People’s Congress

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

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

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

March 14, 2004 in Beijing

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

Article 18

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

Article 19

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

Article 20

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

Article 21

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

Article 22

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

Article 23

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

Article 24

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

Article 25

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

Article 26

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

Article 27

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

Article 28

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

Article 29

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

Article 30

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

Article 31

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



 
National People’s Congress
2004-03-14

 







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

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

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

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

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

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

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

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

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







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

Supreme People’s Court

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

Fa [2004] No.96

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

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

Supreme People’s Court

May 18, 2004

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

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

1.

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

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

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

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

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

2.

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

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

(1)

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

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

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

(2)

Relationship between the Application of Special and General Provisions

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

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

(3)

Selective Application of Conflicts between Local Regulations and Ministerial Regulations

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

1)

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

2)

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

3)

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

4)

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

5)

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

6)

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

(4)

Selective Application of Conflicts of Rules.

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

1)

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

2)

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

3)

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

4)

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

5)

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

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

1)

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

2)

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

3)

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

4)

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

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

3.

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

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

(1)

Otherwise provided for by laws, regulation or rules;

(2)

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

(3)

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

4.

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

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

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

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



 
Supreme People’s Court
2004-05-18

 







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

e02068

Ministry of Commerce, State Development and Reform Commission

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

No.13

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

Ma Kai, Director of the National Development and Reform Commission

Bo Xilai, Minister of the Ministry of Commerce

July 23rd, 2004

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

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

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

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

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

Shanxi Province:

1.

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

2.

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

3.

Development and application of water-saving and irrigation techniques

4.

Development of applied technologies for coal processing and product production

5.

Exploration, development and comprehensive utilization of kaolin

6.

Production of barium salt (controlled by Chinese party)

7.

Production of cannabis and flax textile products

8.

Production of hydraulic pressure technological system and mold tools

9.

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

10.

Development and production of large-scale construction steel structure technology

11.

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

12.

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

13.

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

14.

Road transportation of passengers

Jilin Province

1.

Development, breeding and processing of Changbaishan ecological edible resources

2.

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

3.

Development and application of water-saving and irrigation technologies

4.

Exploration and development of nickel ores

5.

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

6.

Development and comprehensive utilization of oil shale resource

7.

Manufacture of auto components and parts

8.

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

9.

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

10.

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

11.

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

12.

Road transportation of passengers

Heilongjian Province

1.

Production of flax textile and products thereof

2.

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

3.

Development and application of water-saving and irrigation technologies

4.

Development of applied technologies for coal processing and products production

5.

Deep processing of graphite products

6.

Production of preparation of frozen injection powder of Chinese Traditional Medicines

7.

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

8.

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

9.

Development of ice and snow tourist resources and forest tourist resources

10.

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

11.

Road passenger transportation

Anhui Province

1.

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

2.

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

3.

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

4.

Development and application of technologies for water saving and irrigation

5.

Development of applied technologies for coal processing and production

6.

Electric membrane production

7.

Production of compound plastic packing materials

8.

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

9.

Manufacture of large scale loosely packed cement equipment

10.

Deep processing of flat glass

11.

Manufacture of plastic water-saving equipment used for agriculture

12.

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

13.

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

14.

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

15.

Road transportation of passengers

Jiangxi Province

1.

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

2.

Development and application of technologies for water-saving and irrigation

3.

Deep processing of rare earth and production of application products

4.

Deep processing of tungsten and molybdenum ores

5.

Manufacture of top grade ceramics of everyday use

6.

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

7.

Development and application of organosilicon

8.

Manufacture and application of sulphone chloride and manufacture of vesicant

9.

Manufacture of gibberellicacid

10.

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

11.

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

12.

Road transportation of passengers

Henan Province

1.

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

2.

Development and application of technologies for water saving and irrigation

3.

Exploitation and processing of natural alkali ores

4.

Development of applied technologies for coal processing and product manufacture

5.

Deep processing of flat glass

6.

Deep processing of tungsten and molybdenum ores

7.

Lincomycin Hydrochloride

8.

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

9.

Development and manufacture of new electronic components

10.

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

11.

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

12.

Road transportation of passengers

Hubei Province

1.

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

2.

Development of applied technologies for coal processing and product manufacture

3.

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

4.

Production of flax textile and outside materials for top grade garments

5.

Deep processing of quartz glass products

6.

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

7.

Development of photoelectron technologies and products manufacture

8.

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

9.

Manufacture of hot filling PET bottles and bottle base

10.

Manufacture of automobile components and parts

11.

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

12.

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

13.

Road transportation of passengers

Hunan Province

1.

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

2.

Development of applied technologies for coal processing and product manufacture

3.

Deep processing of tungsten and molybdenum

4.

Manufacture of ramee textile and products

5.

Production of bismuth compound

6.

Production of barium salt (controlled by Chinese party)

7.

Deep development of hormone drugs

8.

Manufacture of new type of rubber mechanical whole set equipment

9.

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

10.

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

11.

Road transportation of passengers

Chongqing Municipality

1.

Plantation and processing of natural spices

2.

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

3.

High yield of good quality silkworm base construction

4.

Development and application of water-saving and irrigation technologies

5.

Production of ramie textile and its products

6.

Production and development of end chemical industrial products of natural gas

7.

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

8.

Development and production of new type of medical equipment

9.

Manufacture of auto components and parts

10.

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

11.

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

12.

Road transportation of passengers

Sichuan Province

1.

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

2.

Development and application of water-saving and irrigation technologies

3.

Deep processing of rare earth and production of applied products

4.

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

5.

Ramie textile and products

6.

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

7.

End chemical industrial products of natural gas

8.

Production of electric membrane

9.

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

10.

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

11.

Road transportation of passengers

Guizhou Province

1.

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

2.

Development and application of water-saving and irrigation technologies

3.

Development of applied technologies for coal processing and products

4.

Deep processing of potatoes, konjak and other products

5.

Development of special edible resources

6.

Manufacture of grinding mold tools

7.

Smelting of titanium

8.

Production of barium salt (controlled by Chinese party)

9.

Deep processing of ramie products

10.

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

11.

Production of phosphor chemical and industrial products

12.

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

13.

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

14.

Road transportation of passengers

Yunnan Province

1.

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

2.

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

3.

Development and application of water-saving and irrigation technologies

4.

Development of applied technologies for coal processing and products manufacture

5.

Development of special edible resources

6.

Deep processing of potato products

7.

Processing and development of natural rubber and flax

8.

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

9.

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

10.

Production of phosphor chemical and industrial products

11.

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

12.

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

13.

Road transportation of passengers

Tibet Autonomous Region

1.

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

2.

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

3.

Processing of animal products

4.

Development of applied technologies for coal processing and products manufacture

5.

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

6.

Mining of chrome ore and processing

7.

Processing and manufacture of wool products

8.

Development and utilization of salt lake resources

9.

Production of new kinds and new dosages of Tibetan medicines

10.

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

11.

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

12.

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

13.

Road transportation of passengers

Shaanxi Province

1.

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

2.

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

3.

Development and application of water-saving and irrigation technologies

4.

Development of applied technologies for coal processing and production

5.

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

6.

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

7.

Production of metal function materials

8.

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

9.

Production and development of end chemical industrial products of natural gas

10.

Manufacture of on-the-spot bus intelligent instruments

11.

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

12.

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

13.

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

14.

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

15.

Road transportation of passengers

Gansu Province

1.

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

2.

Development and application of water-saving and irrigation technologies

3.

Deep processing of potato products

4.

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

5.

Plantation and processing of quality beer raw materials

6.

Deep processing of rare earth and production of applied products

7.

Production of natural gas chemical products and pipes

8.

Encapsulation of integrated circuits

9.

Millimeter-wave navigation equipment for port and vessel use

10.

Manufacture of drilling machines and oil field equipment

11.

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

12.

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

13.

Road transportation of passengers

Qinghai Province

1.

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

2.

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

3.

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

4.

Development and application of water-saving and irrigation technologies

5.

Carbonic acid strontium, metal strontium and strontium salt

6.

Development and comprehensive utilization of resources of salt lakes

7.

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

8.

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

9.

Production of new kinds and new dosages of Tibetan medicines

10.

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

11.

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

12.

Road transportation of passengers

Ningxia Autonomous Region

1.

Plantation and deep processing of medlar

2.

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

3.

Development and application of water-saving and irrigation technologies

4.

Development of applied technologies for coal processing and production

5.

Production of carbon-base materials

6.

Construction of quality wine grape base and quality grape wine brewing

7.

Deep processing of potato products

8.

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

9.

Production of PVC

10.

Production of meridian tyres

11.

Manufacture of chip solid tantalum capacitors

12.

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

13.

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

14.

Road transportation of passengers

Xinjiang Uygur Autonomous Region

1.

Plantation and deep processing of quality tomatoes and medlar

2.

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

3.

Development and application of water-saving and irrigation technologies

4.

Beetsugar processing and comprehensive utilization of byproducts

5.

Plantation and processing of natural slices and edible mushrooms

6.

Construction of quality wine grape base and quality grape wine brewing

7.

Deep processing of cottonseed, sunflower, safflower oil

8.

Plantation of flax and production of flax products

9.

Upgrade and change of top grade cotton and wool products

10.

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

11.

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

12.

Development of applied technologies for coal processing and production

13.

Manufacture of top grade leather products

14.

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

15.

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

16.

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

17.

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

18.

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

19.

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

20.

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

21.

Road transportation of passengers

The Autonomous Region of Inner Mongolia

1.

Development of applied technologies for coal processing and production

2.

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

3.

Development, construction and business operation of pasture ecological tourist resources

4.

Development and application of water saving and irrigation technologies

5.

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

6.

Processing of feedstuff

7.

Exploiture and utilization of chemical product in downstream gas processing

8.

Processing of Mongolian medicines

9.

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

10.

Deep processing of rare earth and application of applied products

11.

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

12.

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

13.

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

14.

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

15.

Road transportation of passengers

Guangxi Zhuang Autonomous Region

1.

Comprehensive development and utilization of cassava

2.

Plantation and processing of natural spices

3.

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

4.

Development and application of water-saving and irrigation technologies

5.

Processing of saccharose and comprehensive utilization of byproducts thereof

6.

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

7.

Deep processing and application of indium, lead and zinc

8.

Deep processing of manganese

9.

Mining, dressing and deep processing of talcum and barite

10.

Deep processing of colophony

11.

Production of salt fluoride

12.

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

13.

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

14.

Road transportation of passengers



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

 







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

Ministry of Finance of the People’s Republic of China

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

CaiQi [2004] No.134

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

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

1.

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

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

2.

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

3.

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

Ministry of Finance of the People’s Republic of China

August 10th, 2004



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

 







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

Standing Committee of the National People’s Congress

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

Adopted on August 28th, 2004

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



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

 







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

Standing Committee of the National People’s Congress

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

No. 20

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

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

August 28th, 2004

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

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

Paragraph 2 of Article 131 shall be deleted.

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

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



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

 







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...