Brazilian Laws

CIRCULAR OF THE MINISTRY OF COMMERCE, NATIONAL DEVELOPMENT AND REFORM COMMISSION, GENERAL ADMINISTRATION OF CUSTOMS AND STATE ADMINISTRATION OF FOREIGN EXCHANGE CONCERNING THE PILOT WORK OF FORMAL IMPORT AFTER FORMAL EXPORT OF REFINED OIL IN THE FORM OF PROCESSING TRADE

Circular of the Ministry of Commerce, National Development and Reform Commission, General Administration of Customs and State Administration
of Foreign Exchange concerning the Pilot Work of Formal Import after Formal Export of Refined Oil in the Form of Processing Trade

Shang Ji Dian Han [2004] No. 6
April 21, 2004

The commissions (departments and bureaus) or commerce departments (bureaus) of foreign trade and economic cooperation of all provinces,
autonomous regions, municipalities directly under the Central Government, and of cities specifically designated in the state plan,
the foreign trade and economic cooperation bureaus of Harbin, Changchun, Shenyang, Nanjing, Guangzhou, Chengdu, Xi’an and Wuhan,
Shenzhen Economic and Trade Bureau, the Commerce Bureau of Xinjiang Construction Corps, the development and reform commissions (planning
commissions, or economy and trade commissions) of all provinces, autonomous regions, municipalities directly under the Central Government,
cities specifically designated in the state plan, and of deputy provincial cities, Guangdong Branch of the General Administration
of Customs, Tianjin and Shanghai special commissioner’s offices of the General Administration of Customs, all customs offices directly
under the General Administration of Customs, foreign exchange branches and departments of the State Administration of Foreign Exchange
in all provinces, autonomous regions, and municipalities directly under the Central Government, branches of the State Administration
of Foreign Exchange in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo,

Upon discussion of the related departments, it is decided to implement the pilot work relevant to the formal import after formal export
of the refined oil of some crude oil processing trade enterprises in order to cooperate with the state to carry out macro control
on the import of refined oil, better fulfilling China’s commitments to the WTO, meet the control requirements of the customs offices
at the same time, and make sure the smooth processing trade of some large oil processing enterprises. Hereby the following items
are notified:

1.

The refined oil produced by a pilot enterprise with imported crude oil in the form of processing trade shall be exported after processing
in principle. In case the sale of the said refined oil needs to move to the domestic market, upon the strength of the certification
of automatic import license and the Customs Clearance Form on Entry of Goods, the domestic enterprise shall first carry out the formalities
for the formal import customs declaration and for paying the duties in the competent customs office for the crude oil processing
trade enterprise according to the related provisions on the general trade, the customs office shall set up the price of the refined
oil and levy the duties in accordance with the general trade. Upon the strength of export declaration form, the crude oil processing
trade enterprise shall carry out the formal export formalities, import contract of the domestic enterprise buyer and other documents.
The commodity name, code and quality specified in the formal export customs declaration form shall be consistent with those indicated
in the formal import customs declaration form. The code of customs control form shall be filled out in accordance with “0642 (formal
import after formal export of refined oil in the form of processing trade”. Upon the strength of the export customs declaration form
and other documents, the customs office shall carry out the formalities for the verification and write-off of the processing trade
brochure for the enterprise.

2.

In accordance with the related provisions on deep-processing-based carry-forward, the foreign exchange administrative departments
and banks shall go through the formalities for the collection, payment, verification and write-off of foreign exchange in import
and export.

3.

Diesel oil (commodity code: 27101921), aviation coal oil (commodity code: 27101911) as well as naphtha (commodity code: 27101120)
are covered in the scope of pilot refined oil products.

4.

The pilot enterprises include Zhenhai Oil Refining and Chemical Company, Guangzhou branch, Maoming branch and Gaoqiao branch under
China Petroleum and Chemical Corporation, as well as Dalian West Pacific Petrochemical Co., Ltd. under China National Petroleum Corporation.



 
The Ministry of Commerce, National Development and Reform Commission, General Administration of Customs and State Administration
of Foreign Exchange
2004-04-21

 







THE MEASURES FOR THE ADMINISTRATION OF PERMIT FOR OPERATION OF DANGEROUS WASTES

the State Council

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

No. 408

The Measures for the Administration of Permit for Operation of Dangerous Wastes, which were adopted at the 50th executive meeting
of the State Council on May 19, 2004, are hereby promulgated, and shall go into effect as of July 1, 2004.

Premier of the State Council Wen Jiabao

May 30, 2004

The Measures for the Administration of Permit for Operation of Dangerous Wastes

Chapter I General Provisions

Article 1

With a view to intensifying supervision and administration on the business activities of collection, storage and disposal of dangerous
wastes and preventing the dangerous wastes from polluting the environment, the present Measures are hereby formulated in accordance
with the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes.

Article 2

Any entity undertaking the business activities of collection, storage and disposal of dangerous wastes within the territory of the
People’s Republic of China shall obtain the permit for operation of dangerous wastes according to the provisions of the present Measures.

Article 3

The permit for operation of dangerous wastes are, in light of the ways of business operation, divided into the permit for comprehensive
operation of the collection, storage and disposal of dangerous wastes and the permit for operation of the collection of dangerous
wastes.

The entity, which has obtained the permit for comprehensive operation of dangerous wastes, may undertake the business activities of
collection, storage and disposal of various dangerous wastes; the entity, which has obtained the permit for operation of the collection
of dangerous wastes, may only undertake the business activities of collection of such dangerous wastes as the waste mineral oil produced
during the activities of motor vehicle maintenance, and the waste cadmium and nickel batteries produced from the daily life of residents.

Article 4

The competent departments of environmental protection of the people’s governments at or above the county level shall, according to
the provisions of the present Measures, be responsible for the work of examination and approval and issuance of the permit for operation
of dangerous wastes as well as the supervision and administration on it.

Chapter II Requirements on the Application for Obtaining a Permit for Operation of Dangerous Wastes

Article 5

When applying for the permit for comprehensive operation of the collection, storage and disposal of dangerous wastes, an enterprise
shall meet the following requirements:

1.

having more than 3 technicians, who have the intermediate post_title of a technical post or above in the major of environmental engineering
or the relevant majors, and have experience in solid waste pollution treatment for more than 3 years;

2.

having conveyances that can meet the relevant safety requirements of the competent department of traffic control of the State Council
for the transportation of dangerous goods;

3.

having packing facilities, facilities and equipments for transfer and temporary storage, and qualified storage facilities and equipments
that, upon examination, meet the national or local standard for environmental protection and safety requirements;

4.

having disposal facilities, equipments and matching facilities for pollution prevention and control, which conform to the plans of
the state or the provinces, autonomous regions, and municipalities directly under the Central Government for the construction of
facilities for disposal of dangerous wastes and the national or local standard for environmental protection and safety requirements.
Among them, the facilities for centralized disposal of medical wastes shall also correspond with the relevant national health standard
and requirements for disposal of medical wastes;

5.

having disposal technology and techniques corresponding with the class of the dangerous wastes they dispose;

6.

having regulations and systems that ensure the safety of management of dangerous wastes, pollution prevention and control measures
and emergency rescue measures for accidents; and

7.

In the case of disposing dangerous wastes by way of filling and burying, the land use right of the place of filling and burying shall
also be obtained according to law.

Article 6

When applying for the permit for operation of the collection of dangerous wastes, an enterprise shall meet the following requirements:

1.

having rain-proofing and seepage-proofing conveyances;

2.

having packing facilities, and facilities and equipments for transfer and temporary storage, which are up to the national or local
standard for environmental protection and safety requirements; and

3.

having regulations and systems that can ensure the safety of the business operation of dangerous wastes, pollution prevention and
control measures and emergency rescue measures for accidents.

Chapter III Procedures for Application for Obtaining the Permit for Operation of Dangerous Wastes

Article 7

The state shall make graded examination and approval for and issuance of the permit for operation of dangerous wastes.

The permits for operation of dangerous wastes of the following entities shall be examined and approved and issued by the competent
department of environmental protection of the State Council:

1.

Burning dangerous wastes for more than 10 thousand tons each year;

2.

Disposing such dangerous wastes containing polychlorinated biphenyl or mercury that is of great hazard to the environment and the
body health; or

3.

Disposing dangerous wastes by making use of the comprehensive centralized disposal facilities as listed in the state plan for the
construction of dangerous waste disposal facilities.

The permits for operation of entities undertaking the centralized disposal of medical wastes shall be examined and approved and issued
by the competent departments of environmental protection of the people’s governments at the level of cities divided into districts
where the facilities for centralized disposal of medical wastes are located.

The permits for operation of collection of dangerous wastes shall be examined and approved and issued by the competent departments
of environmental protection of the people’s governments at the county level.

The permits for operation of dangerous wastes other than those as listed in paragraphs 2, 3 and 4 of this Article shall be examined
and approved and issued by the competent departments of environmental protection of the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government.

Article 8

When applying for obtaining the permit for operation of dangerous wastes, an entity shall file an application to the permit-issuing
organ before undertaking the business activities of dangerous wastes, and shall attach the certificate documents satisfying the requirements
as prescribed in Article 5 or 6 of the present Measures.

Article 9

The permit-issuing organ shall, within 20 working days as of the day of accepting the application, make examination on the certificate
documents submitted by an applying entity, and make on-site verification on the business facilities of the entity. If the requirements
are met, the permit for operation of dangerous wastes shall be issued and announced publicly. If the requirements are not met, the
applying entity shall be notified in written form and the reasons shall be explained.

Before issuing the permit for operation of dangerous wastes, the permit-issuing organ may, upon the actual need, solicit for the opinions
of the relevant departments in charge of public health and urban and rural planning and experts. And the applying entity shall, upon
the strength of the permit for operation of dangerous wastes, go through the registration formalities at the administrative department
for industry and commerce.

Article 10

The following contents shall be involved in the permit for operation of dangerous wastes:

1.

the name of the legal person, the legal representative, and the residence;

2.

Ways of management of dangerous wastes;

3.

varieties of dangerous wastes;

4.

annual business scale;

5.

period of validity; and

6.

date of issuance of the permit and the number of the permit.

The content of the permit for comprehensive operation of dangerous wastes shall also involve the addresses of the storage and disposal
facilities.

Article 11

Where an operation entity of dangerous wastes alters its name of legal person, legal representative or residence, it shall apply to
the original permit-issuing organ for going through the formalities for alteration of permit for operation of dangerous wastes within
15 working days as of the day of alteration of industry and commerce registration.

Article 12

Under any of the following circumstances, the operation entity of dangerous wastes shall reapply for obtaining the permit for operation
of dangerous wastes in light of the former application procedures:

1.

Changing ways of operation of dangerous wastes;

2.

Adding new varieties of dangerous wastes;

3.

Newly establishing or rebuilding or expanding the construction of the former operation facilities of dangerous wastes; or

4.

Managing dangerous wastes exceeding 20% of the annual business scale originally approved.

Article 13

The period of validity of the permit for comprehensive operation of dangerous wastes shall be 5 years; and the period of validity
of the permit for operation of the collection of dangerous wastes shall be 3 years.

Where, at the expiry of the period of validity of the permit for operation of dangerous wastes, any dangerous waste operation entity
continues to undertake the business activities of dangerous wastes, it shall apply for changing the permit for operation of dangerous
wastes to the former permit-issuing organ 30 working days before the expiry of the period of validity of the permit. The former permit-issuing
organ shall make examination within 20 working days as of the day of accepting the application for changing the permit. If the application
meets the requirements, it shall change the permit; if the application does not meet the requirements, it shall notify the applying
entity in written form and explain the reasons.

Article 14

Where any dangerous waste operation entity terminates the undertaking of the business activities of collection, storage and disposal
of dangerous wastes, it shall take measures for pollution prevention and control on business facilities and places, and make proper
handling on the dangerous wastes failing to be disposed.

The dangerous waste operation entity shall file an application for canceling registration within 20 working days as of the date of
taking measures as prescribed in the preceding paragraph to the former permit-issuing organ. The former permit-issuing organ shall
make on-site verification and cancel the registration of the permit for operation of dangerous wastes if the entity passes the verification.

Article 15

No entity without a permit for operation may undertake any business activity of collection, storage, and disposal of dangerous wastes
or undertake activities not in accordance with the provisions of the permit for operation.

No one may import electronic dangerous wastes from outside the territory of the People’s Republic of China or transfer them by passing
through the territory of the People’s Republic of China.

No one may provide or entrust dangerous wastes to any entity without a permit for operation to undertake the business activities of
collection, storage and disposal.

No one may forge, alter or transfer the permit for operation of dangerous wastes.

Chapter IV Supervision and Administration

Article 16

The competent departments of environmental protection of the local people’s governments at or above the county level shall, before
March 31 each year, report the situations of the issuance of permits for operation of dangerous wastes in the previous year to the
corresponding competent departments of environmental protection of the next upper level people’s governments for archiving purpose.

The competent departments of environmental protection at the upper level shall intensify supervision and inspection on the situations
of examination and approval and issuance of permits for operation of dangerous wastes by the competent departments of environmental
protection at the lower level, and correct their illegal acts in the process of examination and approval and issuance of permits
for operation.

Article 17

The competent departments of environmental protection of the people’s governments at or above the county level shall intensify supervision
and inspection on the dangerous waste operation entities by ways of written verification and on-site inspection, record the situations
of supervision and inspection and the handling results and put them on archives with the signatures of the supervisors and inspectors.

The general public shall have the right to consult the supervision and inspection records of the competent departments of environmental
protection of the people’s governments at or above the county level.

Where the competent departments of environmental protection of the people’s governments at or above the county level find that any
dangerous waste operation entity has any circumstance not corresponding with the original requirements for permit issuing in the
business activities, they shall order it to make corrections within a prescribed time limit.

Article 18

The competent departments of environmental protection of the people’s governments at or above the county level shall have the right
to require the dangerous waste operation entities to report their business activities of dangerous wastes periodically. The dangerous
waste operation entity shall set up a record for the management of dangerous wastes, which shall, according to facts, specify such
matters as the classes and sources of the dangerous wastes that have been collected, stored or disposed, the direction they have
gone to, and whether there is any accident, etc..

The dangerous waste operation entity shall keep the record for the operation situations of dangerous wastes for more than 10 years,
and shall keep the record for the operation situations of dangerous wastes that have been disposed by way of filling and burying
permanently. In case it terminates business activities, it shall transfer the record for the dangerous waste operation to and put
on records at the competent department of environmental protection of the people’s government at or above the county level for management.

Article 19

The competent departments of environmental protection of the people’s governments at or above the county level shall establish and
improve the system of archival management of the permits for operation of dangerous wastes, and publicize the situations of the examination
and approval and issuance of the permits for operation of dangerous wastes to the society periodically.

Article 20

Any entity that has obtained the permit for operation of dangerous wastes shall sign an acceptance contract with the disposal entity,
and provide to or entrust the disposal entity to dispose the collected waste mineral oil and waste cadmium and nickel batteries within
90 working days.

Article 21

Bio-safety disposals shall be made on business facilities of dangerous wastes before they are discarded or remade for other purposes.

After the expiry of the service term for the business facilities for filling and burying dangerous wastes, the dangerous waste operation
entity shall take measures to block down the land in which the dangerous wastes have been filled or buried according to the relevant
provisions, and set up permanent marks at the designated closed areas.

Chapter V Legal Liabilities

Article 22

In case any person or entity violates the provisions of Article 11 of the present Measures, the competent departments of environmental
protection of the people’s governments at or above the county level shall order him/it to make corrections within a prescribed time
limit, and give him/it warnings. If he/it fails to make corrections within a prescribed time limit, the original permit-issuing organ
shall suspend the permit for operation of dangerous wastes.

Article 23

In case any person or entity violates the provisions of Article 12 and paragraph 2 of Article 13 of the present Measures, the competent
departments of environmental protection of the people’s governments at or above the county level shall order him/it to stop the illegal
act, and confiscate the illegal gains if any. If the illegal gains exceed RMB 100 thousand Yuan, he/it shall be imposed upon a fine
of one time up to 2 times of the illegal gains concurrently; If there is no illegal gains or the illegal gains are less than RMB
100 thousand Yuan, he/it shall be imposed upon a fine of 50 thousand Yuan up to 100 thousand Yuan.

Article 24

In case any person or entity violates the provisions of paragraph 1 of Article 14 and Article 21 of the present Measures, the competent
departments of environmental protection of the people’s governments at or above the county level shall order him/it to make corrections
within a prescribed time limit. If he/it fails to make corrections within a prescribed time limit, he/it shall be imposed upon a
fine of RMB 50 thousand Yuan up to RMB 100 thousand Yuan; if a pollution accident is resulted in and a crime is constituted, he/it
shall be investigated for criminal liabilities according to law.

Article 25

In case any person or entity violates the provisions of paragraphs 1, 2, and 3 of Article 15 of the present Measures, he/it shall
be punished according to the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid
Wastes.

In case any person or entity violates the provisions of paragraph 4 of Article 15 of the present Measures, the competent departments
of environmental protection of the people’s governments at or above the county level shall confiscate the permit for operation of
dangerous wastes, or the original permit-issuing organ shall revoke the permit for operation of dangerous wastes, and he/it shall
be imposed upon a fine of RMB 50 thousand Yuan up to RMB 100 thousand Yuan. If a crime is constituted, he/it shall be investigated
for criminal liabilities according to law.

Article 26

In case any person or entity violates the provision of Article 18 of the present Measures, the competent departments of environmental
protection of the people’s governments at or above the county level shall order him/it to make corrections within a prescribed time
limit, and impose warnings upon him/it. If he/it fails to make corrections within the prescribed time limit, the original permit-issuing
organ shall suspend or revoke the permit for operation of dangerous wastes.

Article 27

In case any person or entity violates the provision of Article 20 of the present Measures, the competent departments of environmental
protection of the people’s governments at or above the county level shall order him/it to make corrections within a prescribed time
limit and impose upon him/it warnings. If he/it fails to make corrections within the prescribed time limit, he/it shall be imposed
upon a fine of RMB 10 thousand Yuan up to RMB 50 thousand Yuan. And the permit for operation of dangerous wastes shall be suspended
or revoked.

Article 28

In case any dangerous waste operation entity that is ordered to make corrections within a prescribed time limit fails to make rectifications
and corrections within the prescribed time limit, or still does not correspond with the original permit-issuing requirements after
the rectification and correction, the original permit-issuing organ shall suspend or revoke its permit for operation of dangerous
wastes.

Article 29

The competent environmental protection departments shall, when revoking or confiscating the permit for operation of dangerous wastes
according to the provisions of the present Measures, inform the administrative department for industry and commerce, who shall then
revoke the business license according to law. The entity, whose permit for operation of dangerous wastes has been revoked or confiscated
according to law, may not reapply for obtaining the permit for operation of dangerous wastes within 5 years.

Article 30

In case any staff member of the competent departments of environmental protection of the people’s governments at or above the county
level has any of the following acts, he/she shall be imposed upon an administrative punishment according to law. If a crime is constituted,
he/she shall be investigated for criminal liabilities according to law:

1.

Issuing a permit for operation of dangerous wastes to the entity that does not meet the requirements of the present Measures;

2.

Failing to make investigation into or impose punishment on or after receiving the report, failing to handle the business activities
of dangerous wastes undertaken by the entity or individual that fails to obtain the permit for operation of dangerous wastes according
to law;

3.

Failing to perform the duties of supervision and administration on the entity that has obtained the permit for operation of dangerous
wastes according to law, or failing to make investigation into or impose punishment on the acts in violation of the provisions of
the present Measures; or

4.

Having other acts of dereliction of duties in the work for the administration of permits for operation of dangerous wastes.

Chapter VI Supplementary Provisions

Article 31

The following terms in the present Measures shall have the following meanings:

1.

The “dangerous wastes” refer to the wastes of danger that are listed into the state list of dangerous wastes or that are determined
pursuant to the identification standards and methods for dangerous wastes as prescribed by the state.

2.

The “collection” refers to the activities of centralizing the scattered dangerous wastes carried out by a dangerous wastes operation
entity.

3.

The “storage” refers to the activities of any dangerous wastes operation entity who, before disposing the dangerous wastes, puts them
to the places or facilities up to the standards for environmental protection, or who, for the purpose of centralizing the scattered
dangerous wastes, lay a batch of dangerous wastes exceeding the weight of 5,000 kilograms in the self-prepared temporary facilities
or places, or the time for placing exceeds 90 working days. And

4.

The “disposal” refers to the activities of any dangerous wastes operation entity, who burns, calcines, melts, sinters, splits and
dissolves, neutralizes, sterilizes, distils, extracts, deposits, filtrates or dismantles the dangerous wastes, or uses other methods
to change the physical, chemical or biological characters of dangerous wastes to reduce the amount of dangerous wastes, lessen the
cubage of dangerous wastes, or reduce or eliminate the dangerous ingredients thereof, or fulfills or buries the dangerous wastes
finally in the places or facilities meeting the requirements for environmental protection and does not take them back any more.

Article 32

An entity, which has obtained the permit for operation of dangerous wastes according to the provisions of local laws and regulations,
rules or other documents before the implementation of the present Measures, shall, 30 days before the expiry of the period of validity
of the original permit for operation of dangerous wastes, reapply for obtaining the permit for operation of dangerous wastes according
to the provisions of the present Measures. If it fails to handle it within the time limit, it will be not admitted to undertake the
business activities of dangerous wastes.

Article 33

The present Measures shall go into effect as of July 1, 2004.



 
the State Council
2004-05-30

 







MEASURES FOR THE ADMINISTRATION OF THE SAFETY AND HEALTH OF THE FEED PRODUCTS FROM ANIMAL SOURCES

Ministry of Agriculture

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

No.40

The Measures for the Administration of the Safety and Health of the Feed Products from Animal Sources, examined and adopted at the
25th executive meeting of the Ministry of Agriculture on July 14th, 2004, are hereby promulgated and shall be implemented as of October
1st, 2004.

Du Qinglin, Minister of the Ministry of Agriculture

August 2nd, 2004

Measures for the Administration of the Safety and Health of the Feed Products from Animal Sources

Chapter I General Provisions

Article 1

With a view to strengthening the administration of the safety and health of the feed products from animal sources, the present Measures
are enacted in accordance with the Regulation on the Administration of Feed and Feed Additives.

Article 2

The Ministry of Agriculture shall be responsible for the administration of the safety and health of the feed products from animal
sources of the whole country.

The feed administration departments of local people’s governments at the county level or above shall be responsible for the administration
of the safety and health of the feed products from animal sources within their own administrative areas.

Article 3

The feed product from animal sources as mentioned in the present Measures refers to the single feed which takes the animals or byproducts
of animals as raw materials and is processed and manufactured through industrialization.

The catalogue of the feed products from animal sources shall be promulgated by the Ministry of Agriculture.

Chapter II Examination and Approval of the Establishment of Enterprises

Article 4

To establish a production enterprise of feed products from animal sources, one shall apply to the feed administrative department of
the people’s government at the provincial level where the enterprise is to be established. One can handle the enterprise registration
formalities only after being examined as eligible and obtaining the Certificate of Quality of Safety and Health of the Production
Enterprise of the Feed Products from Animal Sources.

Article 5

When establishing the production enterprise of feed products from animal sources, one shall possess the following conditions:

(1)

Factory building and facilities

a.

The factory building shall not be in a bad condition, and the factory building and the attached facilities shall be easy for cleaning
and disinfection;

b.

Relevant equipment for preventing flies, mice, birds and dust and relevant storage facilities; and

c.

Relevant dressing rooms, toilets, and washing grooves.

(2)

Production technology and equipment

a.

The production technology and equipment shall fulfill the requirements of safety and health and quality standards of the products;
and

b.

Relevant facilities for washing, disinfection, drying and grinding.

(3)

Personnel

a.

The persons in charge of techniques shall have an educational background of junior college or higher or a middle-level technical post_title
or higher, be familiar with the production technology and have engaged in the corresponding professional work for more than two years;

b.

The persons in charge of quality control and the persons in charge of quality testing organ shall have an educational background of
junior college or higher or a middle-level technical post_title or higher and have engaged in the corresponding professional work for
more than three years; and

c.

The employees of special types of work shall have the corresponding professional certificates.

(4)

Quality testing organ and equipment

a.

establishment of the quality-testing organ;

b.

establishment of the instrument room (section), checking and manipulation room (section) and room (section) for keeping samples and
observing; and

c.

the basic equipment needed for the quality testing.

(5)

Production circumstances

a.

The place of the enterprise shall be far from the feeding field of animals, with the minimum distance of 1,000 meters. In case the
enterprise is close to the slaughterhouse, the indispensable isolation measures shall be needed;

b.

No animal may be fed within the factory;

c.

The layout of production factory shall be reasonable, the areas for sorting out the raw materials, production and processing, preserving
the finished products shall be separated, and the finished products and raw materials must be stored separately to prevent cross
contamination.

(6)

Measures against pollution

The system for collecting and disposing of the waste and the equipment for preventing and eliminating pollution shall be complete,
and the discharge thereof shall fulfill the requirements for protection of the environment.

Article 6

To apply for establishing the production enterprises of feed products from animal sources, one shall fill in and submit the Written
Application for Producing the Feed Products from Animal Sources and offer the pertinent materials in conformity with the conditions
stipulated in Article 5 .

The Written Application for Producing the Feed Products from Animal Sources can be got, free of charge, from the feed administrative
department of the people’s government at the provincial level where the enterprise is located or downloaded at the website of chinafeed￿￿website:
http￿￿//www.chinafeed.org.cn￿￿.

Article 7

After receiving the Written Application for Producing the Feed Products from Animal Sources and the related materials, the feed administrative
department of people’s government at the provincial level shall finish examining and verifying the materials of the enterprise within
fifteen working days and submit them to the panel of appraisal for examination and appraisal, and it shall make the examination decision
within five working days after receiving the appraisal opinions. When it decides not to approve the issuance, it shall notify the
applicant in writing and explain the reasons.

In case the application materials are not complete or not in conformity with the prescribed conditions, the applicant shall be notified
just once of the complete contents that should be supplemented and corrected within five working days.The form of Certificate of
Quality of the Safety and Health of Feed Products from Animal Sources shall be worked out by the Ministry of Agriculture.

Article 8

The panel of appraisal shall be composed of three to five appraisers and technology experts. The appraisers shall be trained to be
eligible by the Ministry of Agriculture.

The panel of appraisal shall carry out on-spot inspections on the production conditions of the applicant.

Chapter III Production Management

Article 9

The enterprise shall establish the following systems:

(1)

system of post responsibility;

(2)

system of production management

(3)

system of checking and testing;

(4)

system of standards and quality guarantee;

(5)

system of safety and health;

(6)

system of keeping products’ samples for observing; and

(7)

system of measurement management.

Article10

The management of the raw materials of the enterprise shall fulfill the following requirements:

(1)

The purchase and getting-out of warehouse of raw materials shall be completely recorded, and the records shall be kept for two years
at least. No decayed, contaminated animal materials and the animal materials from the animal epidemic-stricken areas may be purchased;

(2)

The raw materials shall be piled up in light of the categories and be marked definitely; and the qualified and disqualified materials,
materials from the mammals and from other animals shall be guaranteed to be separated. No material may be placed outdoors; and

(3)

The use of raw materials shall follow the principle of ￿￿first in, first out￿￿. They shall be filtrated before the use, and the disqualified
shall be removed and made harmless.

Article 11

The management of production process of the enterprise shall fulfill the following requirements:

(1)

No unnecessary equipment and goods may be piled up within the plant, for fear of propagation of the harmful organism;

(2)

The equipment and instruments for manufacturing, packaging, storing and transporting shall be cleaned and disinfected periodically;

(3)

Before using the same equipment for producing different feed products from animal sources, the equipment shall be thoroughly cleaned
for fear of the cross contamination;

(4)

The operating personnel shall possess the health certificate, and the personnel of the special task shall have a physical examination
every half a year;

(5)

The production shall be conducted in strict conformity with the production technological process; and

(6)

The production record, including the categories and quantity of materials, the production date, the quantity of the products and the
conditions of the production technology, shall be made and kept for two years at least.

Article 12

The management of finished products of the enterprise shall fulfill the following requirements:

(1)

The finished products shall be checked as eligibility, and the inspection record and report shall be made. The inspection items shall
include the total number of bacteria, colon bacillus, salmonella, heavy metal, bacteria of special cause of disease and other indexes
of safety and health;

(2)

In case the finished products are contaminated by the harmful and poisonous substances or the quality of the finished products is
destroyed due to other reasons, they shall be destroyed immediately, and the reasons thereof shall be found out and a record shall
be made; and

(3)

The finished products shall be piled up in accordance with the categories to prevent wrong and mixed loading.

Article 13

The package of the products shall not be broken and damaged and be attached by the definite and eye-catching signs and labels.

If the package is in need of being used again, it shall be cleaned, washed and sterilized.

Article 14

The label of products shall accord with the standards of the national feed labels and indicate the names of the animal sources and
the serial number of the Certificate of Quality of the Safety and Health of Feed Products from Animal Sources.

With the exception of milk and diary products, the feed products from animal sources shall be indicated with the words of ￿￿this product
may not be fed to the ruminants￿￿ on the label in addition.

Chapter IV Management of Operation, Import and Use

Article 15

Where a products operator purchases the feed products from animal sources, he shall check the label and quality certificate of the
products.

No feed product from animal sources, whose business label is not in accordance with the prescription of Article 14 of the present
Measures, may be dealt in.

Article 16

One should obtain the registration certificate for importing products in conformity with the prescription of the Administrative Measures
for the Registration of Imported Feed and Feed Additives for importing the feed products from animal sources.

No feed products from animal sources from the countries (regions) stricken with animals’ plague may be imported.No feed products from
animal sources, which are transited through the third country (region) from the countries and regions stricken with animals’ plague,
may be imported.

Article 17

In terms of the feed products from animal sources which have been given the registration certificate of products, the registration
certificate of products shall become invalid as of the prohibition day, once the Ministry of Agriculture announces their prohibition.
The enterprises that have obtained the certificate shall return the registration certificate of products to the Ministry of Agriculture,
and the Ministry of Agriculture shall cancel them and make a notice.

In terms of the feed products from animal sources whose import has been announced to be suspended by the Ministry of Agriculture,
the registration certificates of products thereof shall cease to be used within the suspension period.

Article 18

No feed product from animal sources may be used in the feed of the ruminants apart from milk and diary products.

Article 19

No imported feed product from animal sources without the registration certificate of products may be dealt in and used. No feed products
from animal sources without the Certificate of Quality of the Safety and Health of Feed Products from Animal Sources may be dealt
in and used.

Chapter V Supervision and Inspection

Article 20

The production enterprise shall fill in the record-keeping form of the conditions of production and operation and submit it to the
feed administrative department of the people’s government at the provincial level for the record-keeping purpose.

The record-keeping form shall be offered, free of charge, by the feed administrative department of the people’s government at the
provincial level, and the enterprises also can download it at the website of chinafeed (website: http￿￿//www.chinafeed.org.cn ).

The Ministry of Agriculture shall carry out supervisions over the record-keeping work aperiodically.

Article 21

The feed administrative department of the local people’s government at the county level or above shall carry out the on-spot inspection
to the production enterprise of feed products from animal sources aperiodically, but it may not disturb the normal business activities
of the enterprises, neither seek for or accept money or goods, and nor seek for other interests.

Article 22

During the periods of putting-on-record and carrying out the on-spot inspection, where the feed administrative department of the local
people’s government at the county level or above finds that the production conditions of the production enterprise of the feed products
from animal sources have experienced great changes, or that the production enterprise has serious hidden danger of safety and health
or safety problem of products’ quality, or has other circumstances contrary to the present Measures, it shall conduct the investigation
according to the law and in time make the decision on how to handle them.

Article 23

The feed administrative department of the people’s government at the provincial level shall take back and cancel the Certificate of
Quality of the Safety and Health of Feed Products from Animal Sources and make an announcement, in case the production enterprise
is under any of the following circumstances:

(1)

The fundamental conditions have undergone relatively great changes, and it hasn’t possessed the basic production and sanitary conditions
yet;

(2)

It has stopped production for more than two years;

(3)

It has gone bankrupt or has been merged;

(4)

It doesn’t notify the competent department when it changes the place of plant;

(5)

It buys, sells, transfers, leases or lends the Certificate of Quality of the Safety and Health of Feed Products from Animal Sources;
or

(6)

It hasn’t submitted the record-keeping materials for two consecutive years, and refuses to correct after being supervised and urged.

Chapter VI Penalty Provisions

Article 24

Where anyone obtains the Certificate of Quality of the Safety and Health of Feed Products from Animal Sources through such illicit
means as deceiving or giving the bribery, the feed administrative department of the people’s government at the provincial level shall
cancel the Certificate of Quality of the Safety and Health of Feed Products from Animal Sources and make a public notice, and it
shall not accept any application put forward by this applicant within three years.

Article 25

Where anyone buys, sells, transfers, leases or lends the Certificate of Quality of the Safety and Health of Feed Products from Animal
Sources, he/it shall be imposed upon a fine of within three times the illegal proceeds if there are illegal proceeds, with the highest
fine of not more than 30,000 yuan. In case there are no illegal proceeds, he/it shall be fined not more than 10,000 yuan.

Article 26

Where anyone manufactures the feed products from animal sources without obtaining, or by counterfeiting or forging the Certificate
of Quality of the Safety and Health of Feed Products from Animal Sources, he/it shall be imposed upon a fine within three times the
illegal proceeds if there are illegal proceeds, with the highest fine of not more than 30,000 yuan. In case there are no illegal
proceeds, he/it shall be fined not more than 10,000 yuan.

Article 27

Whoever violates the prescription of Article 10 , Article 11 , and Article 12 shall be warned and ordered to correct within a time
limit. Anyone who doesn’t correct within a time limit or commits the same illegal conducts again shall be fined 1,000 yuan up to
10,000 yuan.

Article 28

Whoever deals in and uses the feed products from animal sources without obtaining the Certificate of Quality of the Safety and Health
of Feed Products from Animal Sources shall be ordered to rectify. Where there are illegal proceeds, he/it shall be imposed upon a
fine of twice the illegal proceeds but with the highest fine of not more than 30,000 yuan. In case there are no illegal proceeds,
he/it shall be fined not more than 10,000 yuan.

Article 29

Other violations of the present Measures shall be punished according to the pertinent prescriptions of the Measures for the Administration
of Feed and Feed Additives.

Chapter VII Supplementary Provisions

Article 30

Any enterprise of feed products from animal sources established before the implementation of the present Measures shall obtain the
Certificate of Quality of the Safety and Health of Feed Products from Animal Sources within six months as of the date of the implementation
of the present Measures.

Article 31

The present Measures shall be implemented as of October 1st, 2004.

Attachment:Catalogue of the Feed Products from Animal Sources

1.

meat meal (livestock and poultry), flesh bone dust (livestock and poultry)

2.

fish flour, fish oil, fish ointment, prawn flour, squid liver flour, squid flour, cuttlefish ointment, cuttlefish flour, fish concentrated
flour, dried scallop concentrated flour

3.

blood meal, plasma meal, blood cell meal, blood corpuscle meal, serum meal, fermented blood meal

4.

dust of leftover bits and pieces of animals, feather dust, hydrolyzed feather dust, hydrolyzed hair protein dust, leather protein
dust, hoof dust, horn dust, chicken giblets dust, intestinal mucosa protein meal, gelatin

5.

whey powder, milk powder, chocolate milk powder, egg powder

6.

silkworm chrysalis, maggot, stewed worm egg

7.

bone dust, bone ash, boneblack, bony calcium phosphate, prawn shell dust, egg shell dust, bone glue

8.

animal oil residue, animal fat, feed mixed oil



 
Ministry of Agriculture
2004-08-02

 







MEASURES FOR THE ADMINISTRATION OF TENDERS AND INVITATIONS TO BID IN GOVERNMENT PROCUREMENT OF GOODS AND SERVICES






the Ministry of Finance

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

No. 18

The “Measures for the Administration of Tenders and Invitations to Bid in Government Procurement of Goods and Services”, which have
been discussed and adopted at the ministerial affairs meeting, are hereby promulgated, and shall go into effect as of September 11,
2004.

Minister of the Ministry of Finance Jin Renqing

August 11, 2004

Measures for the Administration of Tenders and Invitations to Bid in Government Procurement of Goods and Services

Chapter I General Provisions

Article 1

In order to regulate the procurement activities of the parties involved in government procurement, intensify the supervision and administration
of tenders and invitations to bid in government procurement of goods and services, maintain public interests as well as the lawful
rights and interests of the parties involved in tenders and invitations to bid in government procurement, the present Measures are
hereby enacted in accordance with the “Government Procurement Law of the People’s Republic of China” (hereinafter referred to as
the Government Procurement Law) and other relevant laws

Article 2

These Measures shall apply to tenders and invitations to bid in government procurement of goods or services (hereinafter referred
to as “goods or services”) carried out by any purchaser or procurement agency (hereinafter uniformly referred to as “bid-invitation
procurement entity”).

The procurement agency mentioned in the preceding paragraph means an institution in charge of centralized procurement or any other
lawfully accredited procurement agency.

Article 3

Invitations to bid concerning goods or services may be classified into public invitations to bid and invitation-based tenders for
bid.

A public invitation for bid means that a bid-invitation procurement entity lawfully invites uncertain suppliers to bid by announcement.

An invitation-based tender for bid means that a bid-invitation procurement entity lawfully and randomly selects three or more suppliers
from the qualified ones, whom are invited by an invitation letter to bid.

Article 4

Goods or services must be procured by public invitation for bid if a procurement item reaches the amount limitation for public invitation
for bid. If, due to a particular circumstance, a method other than public invitation for bid needs to be adopted, the party concerned
shall, prior to the beginning of procurement, win approval from the finance department of the people’s government at the level of
a city with subordinate districts or at the level of an autonomous prefecture or above.

Article 5

A bid-invitation procurement entity may not break up the whole into parts in respect of the goods or services to be procured by public
invitation for bid, or avoid procurement under public invitation to bid by any other means.

Article 6

No entity or individual may impede or restrict suppliers from free participation in bidding activities concerning goods and services,
may not designate the brand of goods, the supplier of services or the procurement agency, or illegally interfere with tenders and
invitations to bid concerning goods and services by any other means.

Article 7

If, in a tender or invitation for bid concerning goods and services, any staff member of a procurement entity that invites bids, any
member of the bid evaluation committee or any other related person has an interest with the suppliers, he must withdraw. If a supplier
alleges that any of the aforementioned persons has an interest with any other supplier, it may apply for his withdrawal.

Article 8

The suppliers participating in the bids for supply of goods or services under government procurement (hereinafter referred to as “bidders”),
shall be domestic suppliers who supply domestic goods or services. If laws and administrative regulations prescribe that foreign
suppliers may participate in tenders and invitations to bid concerning goods and services, they may participate.

If a foreign supplier lawfully participates in the bid for the supply of goods and services, it shall abide by the provisions in these
Measures.

Article 9

The tenders and invitations to bid concerning goods and services shall be beneficial to achieving the targets of economic and social
development policies of the state, including protecting environment, supporting undeveloped regions and minorities regions, and promoting
the development of small-and medium-sized enterprises, and so on.

Article 10

The finance department of each people’s government at the county level or above shall lawfully perform its supervision and administration
duties over the tenders and invitations to bid concerning goods and services.

Chapter II Invitations to Bid

Article 11

A bid-invitation procurement entity shall organize and arrange the activities of tenders and invitations to bid concerning goods and
services in accordance with these Measures.

A purchaser may lawfully entrust a procurement agency to handle an invitation for bid concerning goods or services, or may discretionally
organize and arrange the invitation for bid concerning goods or services, provided that it must fulfill the conditions prescribed
in Article 12 of these Measures.

An institution of centralized procurement shall independently arrange an invitation for bid for the supply of goods or services in
accordance with the law. Other procurement agencies shall handle the matters in the invitation for bid concerning goods or services
upon entrustment of the purchaser.

Article 12

Where a purchaser meets the following conditions, it may organize an invitation for bid at its own discretion:

(1)

Having independent capacity to bear civil liabilities;

(2)

Having the capacities of compiling bid-invitation documents and organizing the offer, and having procurement and management staff
members in the areas of technology, economy, etc. who are suitable for the project scale and complexity of the procurement in the
invitation for bid;

(3)

The purchaser has participated in the government procurement training held by the finance department of the people’s government at
the provincial level or above.

Where a purchaser fails to fulfill the conditions prescribed in the preceding paragraph, it must entrust a procurement agency to invite
bids on its behalf.

Article 13

Where a purchaser entrusts a procurement agency to invite bids on its behalf, it shall conclude an agency agreement with the procurement
agency in which the entrusted affairs are specified and the rights and obligations of both parties are included.

Article 14

Where the procurement of goods and services is carried out in the form of public invitation for bid, the bid-invitation procurement
entity must promulgate a bid-invitation announcement through a medium designated by the public finance department for releasing government
procurement information.

Article 15

Where the procurement of goods and services is carried out in the form of invitation-based tender for bid, the bid-invitation procurement
entity shall promulgate an announcement on preliminary qualification examination through a medium designated by the finance department
of the people’s government at the provincial level or above for releasing government procurement information, and promulgate the
qualifications of the bidders. The period of the announcement shall be no less than 7 workdays.

The bidders shall, 3 working days prior to the expiration of the announcement period for pre-examination of qualifications, submit
the qualification certificates as required by the announcement. The bid-invitation procurement entity shall randomly select at least
three bidders from those who are qualified upon examination, and shall send them bid-invitation documents.

Article 16

Where the procurement of goods and services is carried out in the form of invitation for bid, the time period from the issuance of
bid-invitation documents to the bid submission deadline shall be no less than 20 days.

Article 17

An announcement on public invitation for bid shall mainly include the following:

(1)

name, address and contact method of the bid-invitation procurement entity;

(2)

names and number of the bid projects, or the nature of the bid projects;

(3)

qualification requirements for the bidders;

(4)

time, place and method of obtaining bid-invitation documents, as well as the price of the bid-invitation documents; and

(5)

deadline for bidding, time and place for opening of bid.

Article 18

A bid-invitation procurement entity shall compile the bid-invitation documents in light of the characteristics and requirements of
the bid projects. The bid-invitation documents shall include the following:

(1)

An invitation for bid;

(2)

Instructions to bidders (including sealing, signing and stamping requirements, etc.);

(3)

Certificates of qualification and creditworthiness that ought to be submitted by the bidders;

(4)

Requirements on quoting bidding prices and compiling bidding documents, and method of paying bid bond;

(5)

Technical specifications, requirements and number of bid projects, including annexes and drawings, etc.;

(6)

Main contract clauses and method of concluding contracts;

(7)

Time of delivery of goods or provision of services;

(8)

Bid evaluation method, bid evaluation standards and clauses of invalidating bids;

(9)

Deadline for bidding, time and place for opening of bid; and

(10)

Other particulars prescribed by the finance department at the provincial level or above.

The tenderee shall prescribe and indicate the substantive requirements and conditions in the bid-invitation documents.

Article 19

The bid-invitation procurement entity shall make paper bid-invitation documents, and may also, through a network medium designated
by the finance department, promulgate electronic bid-invitation documents which shall be consistent with the former. The electronic
bid-invitation documents shall have the same legal binding force as the paper ones.

Article 20

The bid-invitation procurement entity may require the bidders to submit alternative bid proposals as required by the bid-invitation
documents, provided that it shall state the fact in the bid-invitation documents, and clarify the corresponding evaluation standards
and treatment measures.

Article 21

All technical standards stated in the bid-invitation documents shall meet the compulsory national standards.

The bid-invitation documents may not require or indicate certain bidders or products, or contain tendentious contents or other contents
excluding potential bidders.

Article 22

A bid-invitation procurement entity may, as circumstances demand, ask relevant experts or suppliers for opinions regarding the bid-invitation
documents.

Article 23

The price of the bid-invitation documents shall be determined pursuant to the principles of covering the costs of printing such documents,
and may not aim at seeking profits, nor may the sum of money for procurement be regarded as the basis for determining the price of
the bid-invitation documents.

Article 24

A bid-invitation procurement entity may not terminate its invitation for bid without authorization after having promulgated the announcement
on the invitation for bid and sent the invitation letter or the bid-invitation documents to bidders.

Article 25

A bid-invitation procurement entity may, in light of the specific circumstance of the procurement project in the invitation for bid,
organize potential bidders to make on-site inspections, or convene a meeting for answering questions prior to the opening of bid,
but may not solely or separately organize any on-site inspection which is participated in by one bidder.

Article 26

Before the opening of bid, neither the bid-invitation procurement entity nor the relevant staff members may disclose to others the
names or number of the potential bidders who have obtained the bid-invitation documents, or other relevant information on tenders
and invitations to bid which might affect fair competition.

Article 27

Where a bid-invitation procurement entity makes necessary clarification or modification to the already sent bid-invitation documents,
it shall, at least 15 days prior to the submission deadline of bidding documents as required by the bid-invitation documents, promulgate
a modified announcement through a medium designated by the finance department to release government procurement information, and
notify in writing all recipients of the bid-invitation documents. Such clarified or modified contents shall be the integral parts
of the bid-invitation documents.

Article 28

A bid-invitation procurement entity may, in light of the specific circumstance of the procurement, extend the deadline for bidding
and the time for opening of bid, provided that it shall, at least three days prior to the submission deadline of the bidding documents
as required by the bid-invitation documents, notify the modified time in writing to all recipients of the bid-invitation documents,
and promulgate a modification announcement through a medium designated by the finance department to release government procurement
information.

Chapter III Tenders for Bid

Article 29

A bidder is a legal person, other organization or natural person who responds to the invitation for bid, meets the qualifications
as stated in the bid-invitation documents, and participates in the bidding competition.

Article 30

A bidder shall compile bidding documents according to the requirements in the bid-invitation documents. The bidding documents shall
substantively respond to the requirements and conditions proposed by the bid-invitation documents.

The bidding documents shall be composed of the commercial part, technical part, price part and other parts.

Article 31

A bidder shall, prior to the submission deadline of bidding documents as required in the bid-invitation documents, submit the sealed
bidding documents to the bidding place. The bid-invitation procurement entity shall sign to acknowledge the receipt of the bidding
documents and preserve them. No entity or individual may unseal the bidding documents prior to the opening of bid.

If the bidding documents are submitted after the submission deadline as required in the bid-invitation documents, they shall be invalid
bidding documents. The bid-invitation procurement entity shall refuse to receive them.

Article 32

A bidder may, prior to the deadline for bidding, make supplements or modification to or withdraw the submitted bidding documents,
and notify in writing the bid-invitation procurement entity. The supplemented and modified contents shall be signed and affixed with
a stamp by the bidder as required by the bid-invitation documents, and be regarded as an integral part of the bidding documents.

Article 33

Where a bidder plans to, in light of the practical situation of the procurement project stated in the bid-invitation documents, deliver
the non-principal or non-key tasks of the bid-winning project to others for completion after winning the bid, it shall state such
delivery in the bidding documents.

Article 34

Two or more suppliers may form a bidding consortium, and submit a bid in the identity of one bidder.

In the event of bidding in the form of consortium, each party to the consortium shall fulfill the conditions prescribed in Paragraph
1 of Article 22 of the Government Procurement Law. If the purchaser prescribes certain conditions on bidders on the basis of the
particular requirements of the procurement project, at least one party to the consortium shall meets the certain conditions prescribed
by the purchaser.

All parties to the consortium shall conclude a joint bidding agreement, clearly stipulating the tasks and duties of each party to
the consortium, and submit the joint bidding agreement along with the bidding documents to the bid-invitation procurement entity.
After all parties to the consortium have signed the joint bidding agreement, none of them may solely bid for the same project in
its own name, or form a new consortium to bid for the same project.

The bid-invitation procurement entity may not compel bidders to form a consortium for joint bidding, nor may it restrict competition
among bidders .

Article 35

The bidders may not collude with each other to submit bids and quote prices, nor may they impede the fair competition of other bidders,
or infringe upon the legitimate rights and interests of the bid-invitation procurement entity or those of other bidders.

No bidder may seek for winning of bid by offering briberies to the bid-invitation procurement entity or any member of the bid evaluation
committee, or by other improper means.

Article 36

The bid-invitation procurement entity shall clarify in the bid-invitation documents the sum of guaranty bond for bidding and the method
of payment. The sum of bid bond as stipulated by the bid-invitation procurement entity may not exceed 1% of the budgetary estimate
of the procurement project.

When submitting a bid, a bidder shall pay the bid bond pursuant to the bid-invitation documents. The bid bond may be paid in the form
of cash, check, bank drafts, bank guarantee, etc. If a bidder fails to pay the bid bond pursuant to the requirements in the bid-invitation
documents, the bid-invitation procurement entity shall refuse to receive such bidder’s bidding documents.

Where a consortium submits a bid, the bid bond may be paid either by one party to the consortium or jointly by all the parties. If
the bid bond is paid in the name of one party, it shall be binding upon all parties to the consortium.

Article 37

The bid-invitation procurement entity shall, within 5 working days after the notification of award, refund the bid bond paid by the
suppliers who do not win the bid, and within 5 working days after the conclusion of the procurement contract, refund the bid bond
paid by the bid-winning supplier. If the bid-invitation procurement entity fails to refund the bid bond within the time limit, it
shall, in addition to refunding the principal of the bid bond, pay a fund possession fee at the rate after increasing 20% of the
loan interest rate of commercial banks of the corresponding period.

Chapter IV Opening of Bid, Bid Evaluation and Determination of Bid

Article 38

An opening of bid shall be done publicly at the submission deadline of the bidding documents as determined in the bid-invitation documents;
the place for opening of bid shall be the place pre-determined in the bid-invitation documents.

The bid-invitation procurement entity shall, prior to the opening of bid, notify the finance department and other relevant departments
of the people’s government at the same level. The finance department and other relevant departments may supervise the opening of
bid on the spot according to circumstances.

Article 39

The opening of bid shall be presided over by the bid-invitation procurement entity, and shall be participated in by the purchaser,
the bidders, and representatives from relevant sectors.

Article 40

When a bid is opened, the bidders or their representatives shall inspect whether the bidding documents are sealed, the public notarization
institution entrusted by the tenderee may also inspect and notarize such fact. After the bidding documents have been confirmed as
inerrable, the tenderee’s staff member shall unseal the bidding documents in public, declare the names of the bidders, the bidding
prices, price markdowns, the alternative bidding proposals as permitted in the bid-invitation documents, and other main contents
of the bidding documents.

Such undeclared substantive contents as the bidding prices, price discounts, and alternative bidding proposals as permitted in the
bid-invitation documents, etc. shall not be acknowledged at the time of bid evaluation.

Article 41

If, when a bid is opened, the contents of the schedule on opening of the bid (price quotation schedule) in the bidding documents are
inconsistent with those of the detailed list in the bidding documents, the former (i.e., the price quotation schedule) shall prevail.

If the amount in words and the amount in figures in the bidding documents are inconsistent with each other, the amount in words shall
prevail. If the amount of total price is inconsistent with the amount calculated from unit prices, the amount calculated from unit
prices shall prevail. If the decimal point of the amount of unit price is obviously in a wrong digit position, the total price shall
prevail, and the unit price shall be modified simultaneously. In the event of dissents concerning interpreting the bidding documents
in different languages, the Chinese version shall prevail.

Article 42

The bid opening process shall be recorded by a special person appointed by the bid-invitation procurement entity, and be kept in archives
for future examination.

Article 43

Where there are less than three suppliers participating in the bidding till the end of the deadline for bidding, the bid-invitation
procurement entity shall, unless the procurement task is cancelled, report to the finance department of the people’s government at
the level of a city divided into districts or at the level of an autonomous prefecture or above, and the said finance department
shall handle the matter pursuant to the following principles:

(1)

If the bid-invitation documents contain no unreasonable clauses, and the time and procedures for announcing the invitation for bid
conform to the provisions, it shall give consent to making the procurement in a way of competitive negotiations, price inquiries
or single source;

(2)

If the bid-invitation documents contain any unreasonable clause, or the time and procedures for announcing the invitation for bid
do not conform to the provisions, it shall invalidate the bid, and order the bid-invitation procurement entity to make a new invitation
for bid in accordance with the law.

If, in the course of the bid evaluation, there are less than three suppliers who fulfill the professional conditions, or less than
three suppliers who make substantive response to the bid-invitation documents, the matter may be handled with reference to the preceding
paragraph.

Article 44

The bid evaluation shall be organized by the bid-invitation procurement entity, while the bid evaluation committee lawfully established
by the bid-invitation procurement entity shall be responsible for the specific bid evaluation affairs, and independently perform
the following duties:

(1)

Examining whether the bidding documents meet the requirements in the bid-invitation documents, and making an appraisal accordingly;

(2)

Requiring the bidding suppliers to explain or clarify the matters pertinent to the bidding documents;

(3)

Recommending the name list of the candidate suppliers for winning the bid, or accepting the entrustment of the purchaser to directly
determine the bid-winning supplier in a method determined in advance; and

(4)

Reporting illegal acts of interfering with the bid evaluation to the bid-invitation procurement entity or to the relevant departments.

Article 45

The bid evaluation committee shall be composed of the representatives of the purchaser and the relevant experts in technical and economic
fields, etc., and the members shall be an odd number of 5 persons or more. Of which, the experts in technical and economic fields,
etc. shall be no less than two thirds of the total number of the members. For any technically complicated project whose sum of money
for procurement is no less than 3 million Yuan, the experts in technical and economic fields in the bid evaluation committee shall
be an odd number of 5 persons or more.

The experts from whom the bid-invitation procurement entity has asked for opinions regarding the bid-invitation documents may no longer
act as bid evaluation experts to participate in the bid evaluation. The purchaser may not participate in the bid evaluation of its
own procurement project in the identity of an expert. The staff member of a procurement agency may not participate in the bid evaluation
of a government procurement item represented by this agency.

The name list of the members of the bid evaluation committee shall be determined prior to the opening of bid in principle, and be
kept confidential before the result of invitation for bid is determined.

Article 46

The bid evaluation experts shall be familiar with the relevant policies and regulations on government procurement, tenders and invitations
to bid, and acquainted with market conditions, have good professional ethics, obey the disciplines on invitation for bid, have worked
for no less than eight years in the related fields, and have senior professional post_titles or be at the equal professional level.

Article 47

The finance department of the people’s government at each level shall manage the experts in a dynamic way.

Article 48

The bid-invitation procurement entity shall randomly select bid evaluation experts from the database of government procurement evaluation
experts established by the finance department at the same level or the next higher level.

If it is difficult for the bid-invitation procurement entity to randomly determine suitable bid evaluation experts for a procurement
project that is technically complicated and extremely professional, it may, upon consent of the finance department of the people’s
government at the level of a city with subordinate districts or autonomous prefecture or above, determine the bid evaluation experts
selectively.

Article 49

The members of a bid evaluation committee shall perform the following obligations:

(1)

Observing disciplines and laws, performing duties objectively, impartially and incorruptibly;

(2)

Evaluating the bids according to the bid evaluation methods and standards prescribed in the bid-invitation documents, and assuming
individual responsibility for their respective evaluation opinions;

(3)

Keeping secret the bid evaluation process and result and the suppliers’ business secrets;

(4)

Participating in drawing up the bid evaluation report;

(5)

Cooperating with the finance department in dealing with the complaints; and

(6)

Cooperating with the bid-invitation procurement entity in answering the queries raised by the bidding suppliers.

Article 50

There are three bid evaluation methods for procurement of goods or services in an invitation for bid, namely, the lowest price method,
comprehensive scoring method and price quality method.

Article 51

The lowest price method refers to the bid evaluation method in which the determination of candidate suppliers for winning the bid
are mainly based on prices, that is, on the premise that all substantive requirements in the bid-invitation documents have been met,
the lowest prices are determined according to the uniform price factors, and the bidders who quote the lowest prices shall be regarded
as candidate suppliers for winning the bid or the bid-winning supplier.

The lowest price method shall apply to projects of normatively customized commodities and general services.

Article 52

The comprehensive scoring method refers to the bid evaluation method in which the bidders who get the highest total scores in the
bid evaluation are regarded as the candidate suppliers for winning the bid or the bid-winning supplier after the bids have been comprehensively
evaluated according to all the factors stated in the bid-invitation documents, on the premise that the substantive requirements in
the bid-invitation documents are met to the fullest extent.

The main factors of comprehensive scoring include: price, technical and financial status, credit standing, performance, services,
the extent of response to the bid-invitation documents, and the corresponding proportion or weight, etc. All the said factors shall
be stated in the bid-invitation documents in advance.

At the time of bid evaluation, each member of the bid evaluation committee shall independently evaluate the bidding documents of each
effective bidder and score for them, and then add up the scores of each bidder concerning all scoring factors.

Where comprehensive scoring method is adopted, the proportion (weight) of the price score of the involved goods to the total score
shall be 30% to 60%, while the proportion (weight) of the price score of the involved services to the total score shall be 10% to
30%. The price of the service to which the unified price is applied, however, shall not be listed as the scoring factor. In case
adjustment is needed under a special situation, it shall be approved by the finance department of the people’s government at the
same level.

Total score in bid evaluation = F1￿￿1+F2￿￿2+￿￿￿￿+Fn￿￿n

F1, F2￿￿￿￿Fn are separately the total scores concerning all scoring factors;

A1, A2￿￿￿￿An are separately the weights of all scoring factors (A1 + A2 + ￿￿￿￿+An = 1).

Article 53

The price quality method means the bid evaluation method in which the bidding documents are evaluated as required, then the total
score of each effective bidder concerning all other scoring factors except the price factor (including technical and financial status,
credit standing, performance, services, the extent of response to the bid-invitation documents, etc.) is calculated and divided by
the bidding price quoted by the bidder, and the bidder with highest quotient (total score in bid evaluation) is regarded as a candidate
supplier for winning the bid or the bid-winning supplier.

Total score in bid evaluation = B/N

B shall be the comprehensive score of the bidders. B = F1￿￿1 + F2￿￿2 +￿￿￿￿+ Fn ￿￿n, of which: F1, F2, ￿￿￿￿Fn are separately the
total scores concerning all scoring factors except the price factor; A1, A2, ￿￿￿￿ An are separately the weights of all scoring factors
except the price factor (A1+A2+￿￿￿￿+An = 1).

N is the bidding price quoted by the bidder.

Article 54

The bid evaluation shall conform to the following working procedures:

(1)

Preliminary examinations of bidding documents. The preliminary examinations include qualification examination and conformity examination.

1.

Qualification examination. To, in accordance with the laws, regulations and the stipulations in the bid-invitation documents, examine
the qualification certificates, bid bond, etc. in the bidding documents, so as to determine whether the bidding suppliers are qualified
for the bidding.

2.

Conformity examination. To, according to the prescriptions in the bid-invitation documents, examine the validity and integrity of
the bidding documents, and the extent of response to the bid-invitation documents, so as to determine whether to respond to the substantive
requirements in the bid-invitation documents.

(2)

Clarification of relevant issues. As for the contents in the bidding documents, if their meaning is unclear, issues of the same kind
are expressed inconsistently with each other, or there is any obvious literal or calculation error, the bid evaluation committee
may require in written form (which shall

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

Standing Committee of the National People’s Congress

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

Adopted on August 28th, 2004

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

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

 




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

Standing Committee of the National People’s Congress

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

No. 22

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

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

August 28th, 2004

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

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

Article 75 shall be deleted.

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

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



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

 







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

the State Development and Reform Commission

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

No. 19

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

Ma Kai, Director of the State Development and Reform Commission

September 15, 2004

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

Chapter I General Provisions

Article 1

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

Article 2

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

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

Article 3

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

Article 4

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

Chapter II Contents and Preparation of Project Application Reports

Article 5

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

Article 6

A project application report shall mainly contain the following contents:

(1)

the instance of the applicant entity;

(2)

the instance of the project to be constructed;

(3)

the land to be used and the relevant planning;

(4)

an analysis of utilization of resources and consumption of energy;

(5)

an analysis of the impact on ecological environment; and

(6)

an analysis of economic and social effects.

Article 7

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

Article 8

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

(1)

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

(2)

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

(3)

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

(4)

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

Article 9

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

Chapter III Procedures of Examination and Approval

Article 10

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

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

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

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

Article 11

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

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

Article 12

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

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

Article 13

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

Article 14

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

Article 15

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

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

Article 16

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

Article 17

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

Chapter IV Standards for Examination and Validity of Approval

Article 18

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

(1)

compliance with the laws and regulations of the state;

(2)

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

(3)

compliance with the macro control policies of the state;

(4)

rationality of regional distribution;

(5)

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

(6)

no adverse effect on the country’s economic security;

(7)

rational exploitation and effective utilization of resources;

(8)

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

(9)

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

Article 19

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

Article 20

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

Article 21

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

Article 22

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

Chapter V Legal Responsibility

Article 23

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

Article 24

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

Article 25

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

Article 26

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

Article 27

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

Chapter VI Supplementary Provisions

Article 28

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

Article 29

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

Article 30

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

Article 31

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



 
the State Development and Reform Commission
2004-09-15

 







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

Ministry of Commerce

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

No.60

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

The Ministry of Commerce

Sep. 29, 2004

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

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

I.

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

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

II.

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

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

1.

Palm Oil

(1)

a state-trading enterprise;

(2)

a central enterprise with state reserve function;

(3)

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

(4)

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

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

(5)

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

2.

Bean Oil

(1)

a state-trading enterprise;

(2)

a central enterprise with state reserve function;

(3)

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

(4)

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

(5)

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

3.

Rape Seed Oil

(1)

a state-trading enterprise;

(2)

a central enterprise with state reserve function;

(3)

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

(4)

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

(5)

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

4.

Sugar

(1)

a state-trading enterprise;

(2)

a central enterprise with state reserve function;

(3)

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

(4)

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

(5)

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

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

III.

The tariff quota applicant shall provide the following materials:

1.

the application report on import tariff quotas of agricultural products;

2.

the application form of import tariff quotas of agricultural products;

3.

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

4.

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

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

IV.

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

1.

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

2.

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

V.

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

VI.

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

VII.

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

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



 
Ministry of Commerce
2004-09-29

 







MEASURES FOR THE ADMINISTRATION OF FOREIGN-RELATED INVESTIGATION

National Bureau of Statistics

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

No. 7

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

Director of the National Bureau of Statistics, Li Deshui

October 13th, 2004

Measures for the Administration of Foreign-related Investigation

Chapter I General Provisions

Article 1

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

Article 2

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

(1)

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

(2)

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

(3)

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

(4)

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

Article 3

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

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

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

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

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

Article 4

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

Article 5

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

Article 6

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

Article 7

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

(1)

violation of the basic principles of the Constitution;

(2)

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

(3)

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

(4)

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

(5)

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

(6)

propagation of any cult or superstitions;

(7)

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

(8)

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

Article 8

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

Article 9

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

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

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

Article 10

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

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

Article 11

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

(1)

have been lawfully established with corporate capacity;

(2)

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

(3)

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

(4)

have the corresponding ability to conduct foreign-related investigation;

(5)

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

(6)

have a strict and well-established security system; and

(7)

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

Article 12

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

Article 13

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

(1)

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

(2)

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

Article 14

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

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

Article 15

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

Article 16

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

Article 17

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

Article 18

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

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

Article 19

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

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

Article 20

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

Chapter III Administration of Foreign-related Investigation Projects

Article 21

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

Article 22

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

(1)

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

(2)

a copy of its foreign-related investigation license;

(3)

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

(4)

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

(5)

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

(6)

other background materials related to the investigation project.

Article 23

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

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

Article 24

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

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

Article 25

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

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

Article 26

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

the number of the foreign-related investigation license;

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

the investigation is conducted in the principle of voluntary participation.

Article 27

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

Article 28

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

Article 29

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

Chapter IV Legal Responsibility

Article 30

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

Article 31

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

(1)

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

(2)

conducting any foreign-related investigation without a license thereof;

(3)

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

(4)

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

(5)

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

Article 32

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

(1)

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

(2)

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

(3)

divulging any business secret or personal privacy of any respondent;

(4)

coercing anyone into participating in its or his investigation;

(5)

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

(6)

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

(7)

refusing to accept the inspection of the relevant administrative organ;

(8)

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

(9)

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

Article 33

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

(1)

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

(2)

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

Article 34

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

Article 35

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

Chapter V Supplementary Provisions

Article 36

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

Article 37

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

Article 38

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



 
National Bureau of Statistics
2004-10-13

 







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

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

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

Contents 

Chapter I    General Provisions 

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

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

Chapter IV   Elections Among Minority Nationalities 

Chapter V    Zoning of Electoral Districts 

Chapter VI   Registration of Voters 

Chapter VII  Nomination of Candidates for Deputies 

Chapter VIII Election Procedure 

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

Chapter X    Sanctions Against Disruption of Elections 

Chapter XI   Supplementary Provisions 

 

Chapter I 

General Provisions 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter II 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter III 

Number of Deputies to the National People’s Congress 

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

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

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

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

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

Chapter IV 

Elections Among Minority Nationalities 

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

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

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

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

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

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

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

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

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

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

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

Chapter V 

Zoning of Electoral Districts 

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

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

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

     

Chapter VI 

Registration of Voters 

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

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

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

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

Chapter VII 

Nomination of Candidates for Deputies 

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

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

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

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

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

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

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

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

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

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

Chapter VIII 

Election Procedure 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter IX 

Supervision, Recall and By-Elections Held to Fill Vacancies 

   

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

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...