Brazilian Laws

NOTICE OF THE STATE ADMINISTRATION OF TAXATION ON DEALING WITH TAX ISSUES IN RESPECT OF BAD DEBT LOSSES INCURRED BY FOREIGN-FUNDED ENTERPRISES ENGAGING IN TELECOMMUNICATION SERVICES

State Administration of Taxation

Notice of the State Administration of Taxation on Dealing with Tax Issues in Respect of Bad Debt Losses Incurred by Foreign-funded
Enterprises Engaging in Telecommunication Services

GuoShuiHan [2004] No.90

January 17, 2004

The administrations of state taxation of the provinces, autonomous regions, municipalities directly under the Central Government,
and cities directly under State Planning, and the Administration of Local Taxation of Shenzhen Municipality:

According to the information we receive, as a result of the fierce competition of the telecommunication industry and the lack of effective
measures for the control and recovery of defaulted fees, the foreign-funded enterprises engaging in telecommunication services have
incurred relatively large amounts of fees defaulted by the customers, and the defaulted sums are increasing every year. We hereby
notify as follows the relevant issues concerning dealing with the income tax in respect of the abovementioned fees defaulted by customers,
which can not be recovered:

1.

As of January 1, 2004, where a foreign-funded enterprise engaging in telecommunication industry is unable to recover the fees defaulted
by customers, whether previously or newly incurred, after one year as of the date of default, such defaulted sums may be dealt with
as the loss of bad debt, but payment for such loss shall be specified in the report form.

2.

Where the localities draw the provision for bad debt for telecommunication enterprises in accordance with Paragraph 1 of Article 9
of the Notice of the State Administration of Taxation on Several Operational Issues concerning the Implementation of the Law on
Income Tax of Foreign-funded Enterprises and Foreign Enterprises (GuoShuiFa [1991] No.165), such practice shall be stopped as of
January 1, 2004. The balance of the provision for bad debts drawn in the previous year shall be first used to set off the loss of
bad debts incurred in 2003. If there is any balance left after the set-off, such balance shall be included into the taxable income
of the current year.



 
State Administration of Taxation
2004-01-17

 







INTERIM MEASURES FOR THE MANAGEMENT OF THE DEALINGS OF DERIVATIVE PRODUCTS OF FINANCIAL INSTITUTIONS

China Banking Regulatory Commission

Order of the China Banking Regulatory Commission

No. 1

Interim Measures for the Management of the Dealings of Derivative Products of Financial Institutions have been adopted at the chairman
meeting of China Banking Regulatory Commission and are hereby promulgated. The present Measures shall come into effect as of March
1, 2004.

Liu Mingkang, Chairman of the China Banking Regulatory Commission

February 4, 2004

Interim Measures for the Management of the Dealings of Derivative Products of Financial Institutions

Chapter I General Provisions

Article 1

With a view to regulating the dealings of derivative products of banking institutions, effectively controlling the risk of banking
institutions in the transaction of derivative products, the present Measures are formulated in accordance with Banking Supervision
Law of People’s Republic of China and Commercial Bank Law of People’s Republic of China and other relevant laws and regulations.

Article 2

The term of financial institutions as mentioned in the present Measures refers to the banks, trust and investment companies, finance
companies, financial leasing companies, legal person of auto financing companies and branches of foreign banks established within
the territory of People’s Republic of China (hereinafter referred to as branches of foreign banks).

Article 3

The term of derivative products as mentioned in the present Measures refers to a certain type of financing contract the value of which
subjects to one or more than one basic assets or index. Basic types of these contracts are futures, transaction at usance, swap transaction
and futures rights. Derivative products also including structural financial tools that have one or more characteristic of futures,
transaction at usance, swap transaction and futures rights.

Article 4

The dealings of derivation products of financial institutions referred to in the present Measures can be divided into two categories
as followed:

(1)

The derivative product transactions for the purpose of making profit or avoiding risk of their own capital and debt. The financial
institutions are regarded as the final customer of derivative product.

(2)

Financial institutions provide the derivative product transactions to clients (including financial institutions). Financial institutions
are regarded as the broker of the derivative product transactions and those brokers who provide quoting service and negotiable service
to other brokers and clients are regarded as the market manipulators of derivative products.

Article 5

China Banking Regulating Commission (hereinafter referred as to CBRC) shall be responsible for supervision over the derivative product
transactions of financial institutions. Financial institutions shall pass the examination and approval of CBRC and accept the supervising
and administration of CBRC in operating the derivative product transactions.

Any non-financial entity shall not provide the dealing services of derivative product to the clients.

Article 6

Financial institutions shall observe the provisions on foreign exchange and other relevant provisions in operating the derivative
product transactions related with the foreign exchange, stocks and commodities and derivative product transactions on exchange.

Chapter II Administration of Market Access

Article 7

Financial institutions that apply for the operation of the derivative product transactions shall meet the following requirements

(1)

Having a perfect risk control system and internal controlling system of the derivative product transactions;

(2)

Having a operating system of auto-connection of the derivative product transactions and real-time risk control system;

(3)

Operating staff of the derivative product transactions shall has an experience of directly operating the derivative product transactions
and risk control for more than 5 years, and shall not have any defective record;

(4)

Having at least 2 operating staff that has over 2 years experience of the derivative product transactions and related derivative product
transactions and over half a year experience of special training of operating skill of the derivative product transactions, 1 executive
of risk control, 1 staff for risk model research or analyses. The mentioned staff shall be sole duty person and shall not hold a
concurrent post or have any defective record;

(5)

Having appropriate trading floor and equipment;

(6)

If the branches of foreign banks plan to run the derivative product transactions, the registered country shall have a legal system
of supervising and regulating the derivative product transactions and the competent authority of the country shall have the capability
of supervising and regulating;

(7)

Other requirements of CBRC.

The branches of foreign banks plans to run the derivative product transactions that can not meet the requirements of Item 1 to Item
5 shall conforms with Item 6, Item 7 of the preceding Paragraph and following requirements:

(1)

Having formal authorization concerning type and quota of the derivative product transactions and other matters from its headquarter,

(2)

Except definite provisions of its headquarter, all the derivative product transactions of the branches shall be operated through the
real-time system of the authorized headquarter, and the inventory adjusting, risk exposure operation and risk control shall be operated
by the headquarter.

Article 8

The Policy banks, Chinese-funded commercial banks (except the city commercial banks, rural commercial banks and rural cooperative
banks), trust and investment banks, finance companies, finance leasing companies, auto-financing companies shall, if they operate
transactions of derivative products, apply for certificate from CBRC by their legal representatives and be examined and approved
by CBRC.

City commercial banks, rural commercial banks and rural cooperative banks shall, if they operate transactions of derivative products,
submit the application materials to the local Banking Regulatory Bureau by their legal representatives and shall be examined and
approved by CBRC after the approval of local departments.

Foreign-funded financial institutions shall, if they operate the transactions of derivative products, submit application materials
signed by the authorized signer to the local Banking Regulatory Bureau and shall be examined and approved by CBRC after the approval
of local departments. Foreign-funded bank institutions that plan to operate the derivative product transactions in more than two
branches in the territory of China may submit the application materials to the local Banking Regulatory Bureau by their headquarters
or the main reporting bank of the foreign bank and shall be examined and approved by CBRC after the approval of local departments.

Article 9

Where financial institutions apply for the operation of the derivative product transactions, they shall submit the following documents
and materials in triplicate to CBRC or its agencies,

(1)

Application report, feasibility report, operation program or the derivative product transactions acquisition plan;

(2)

Internal executive regulation of the derivative product transactions;

(3)

Accounting system of the derivative product transactions;

(4)

List and resume of the governor and main derivative product transactions staff;

(5)

Authorized administrative system of risk exposure qualification or limitation;

(6)

Security testing report of trading floor, equipment and system;

(7)

Other documents and materials required by CBRC.

Branches of foreign banks operating the derivative product transactions that do not satisfy criteria listed in Item 1 to Item 5 of
Article 7 shall submit following documents to the local Banking Regulatory Bureau at the time of application,

(1)

Documents of formal written authorization from the headquarter to the branches of operating the derivative product transactions,

(2)

Promising letter from the headquarter of insuring the real-time derivative product transactions of all the derivative product transactions
of its branches through the system of the headquarters and taking charge of inventory adjusting, risk exposure operation and risk
control.

Article 10

Internal executive regulations of the financial institutions that operate the derivative product transactions shall essentially involve
following contents,

(1)

Rudder, operational procedure that shall reflect the principle of separation of pre-phase, middle-phase and after-phase, emergency
solution of the derivative product transactions;

(2)

Risk model index and qualification operation index;

(3)

Type of derivative product transactions and correspondent risk control system;

(4)

Risk report and internal audit system;

(5)

Executive and evaluation system of research and development of the derivative product transactions;

(6)

Rules of brokers;

(7)

Job responsibility system of derivative product transactions governors and questioning mechanism and prompting and restricting mechanism
of the governor at all level and traders;

(8)

Training program for the persons-in-charge and workers;

(9)

Other contents required by CBRC.

Article 11

CBRC shall give response within 60 days after the reception of all application materials submitted by the financial institutions according
to the present Measures.

Article 12

Legal person in the territory of China shall strictly examine the capability of risk control of its agencies in authorizing them to
operate the derivative product transactions and make formal written documents of authorization concerning type of derivative product
transactions and limitation. The agencies shall operate the derivative product transactions unifiedly through their headquarters’
real-time system, and their headquarters shall run inventory adjusting, risk exposure operation and risk control as a whole.

The aforesaid agencies shall report to the local Banking Regulatory Bureau within 30 days after the receipt of authorization or authorization-altering
documents from headquarter with aforesaid documents.

Chapter III Risk Management

Article 13

Financial institutions shall, according to its own characteristic of operating target, assets scale, managing ability and risk of
the derivative product transactions, make sure the capability of running the derivative product transactions and confirm the type
and scale of the derivative product transactions.

Article 14

Financial institutions shall, according to the classification of Article 4 , set up the sound systems of risk control, internal control
and operation corresponding to the type, scale and complexity of the operating derivative product transactions.

Article 15

Higher executives of financial institutions shall know the risk of the derivative product transactions, comprehensive management framework
involving principles, procedure, organization and power limitation of auditing, approving and evaluating the operation and risk control
of the derivative product transactions and shall be capable of acquiring information on the derivative product transactions through
independent risk control departments and sound examining and reporting system and giving corresponding supervision and guidance.

Article 16

Higher executives of the financial institutions shall decide the calculating method and index of risk exposure of the derivative product
transactions that is adaptive to the operation of their institutions, and shall make, regularly checkup and update the system of
risk exposure limit, loss limit and emergency solution according to the comprehensive ability, owned assets, profitability, operation
policy and estimation of market. Higher executive also shall make supervision and control procedure of limitations. Higher executives
of the financial institutions in charge of operating the derivative product transactions and of risk control shall be divided separately.

Article 17

Financial institutions shall make clear criteria of working certificate of traders, analyzers and other staff and arrange training
for the salesman and other operating staff according to the complexity of the derivative product transactions so as to ensure they
have efficient skill and competency.

Article 18

Financial institutions shall make sound policy of evaluating the other party of the derivative product transactions, including whether
the other party thoroughly understand the contract and the responsibility of perform it, whether the derivative product transactions
meet the real target of the other party and the evaluation of credit risk of the other party.

Financial institutions shall make special provisions on the qualification of the other party under the circumstance of high-risk derivative
product transactions type.

Financial institutions may reasonably rely on the formal written documents provided by the other party according to the principle
of good faith in performing the present Article.

Article 19

Financial institution shall explain the risk of the derivative product transactions to the institution or individual in operating
the derivative product transactions for them and shall get the confirmation letter from them so as to confirm that they have understand
and have the ability to bear the risk.

The information exposed to the institution or individual by the banking institution shall at least involve following contents,

(1)

Content and risk summary of the contract on the derivative product transactions,

(2)

Important factors influencing potential loss of the derivative product.

Article 20

Financial institutions shall appropriately and reasonably use all kinds of risk buffer measures like guarantee to reduce the credit
risk of the other party of the derivative product transactions, evaluate the credit risk by using appropriate method and model and
apply corresponding risk control measures.

Article 21

Financial institutions shall evaluate market risk of the derivative product transactions by using appropriate evaluation method or
model, handle the market risk according to the price principles, and adjust the operation scale, type and risk exposure level.

Article 22

Financial institutions shall make sound fluidity arrangements according to the scale and type of the derivative product transactions
in order to ensure the sufficient performing ability under the unusual market circumstances.

Article 23

Financial institutions shall establish and amplify sound systems and mechanisms of operating risk control so as to strictly control
the derivative product transactions risk.

Article 24

Financial institutions shall establish and amplify sound systems and mechanisms of legal risk control so as to strictly examine the
transacting qualification and legal status. Financial institutions shall, in signing the contract of the derivative product transactions
consult, refer to the legal documents world widely adapted, thoroughly consider factors like feasibility of demanding and saving
from damage on account of breaking a contract by using legal measures and take effective means to prevent legal risk in drafting
out transactions contract, negotiating and concluding, etc.

Article 25

Financial institutions shall submit accounting statement, statistic statement and other related reports of the derivative product
transactions to CBRC according to the provisions promulgated by CBRC.

Financial institutions shall disclose risk situation, loss situation, profit change and other unusual situation of the derivative
product transactions according to the provisions on information exposing promulgated by CBRC.

Article 26

CBRC have the privilege of inspecting materials and statements of the derivative product transactions from financial institutions
at any time and of inspecting regularly whether the risk control system, internal control system and operation system of the financial
institutions adapt the type of derivative product transactions they operate.

Article 27

Financial institutions shall timely and actively report to CBRC and submit corresponding solution under the circumstance of existing
big operation risk or tremendous loss in running the derivative product transactions.

Financial institutions shall timely and actively report detailed information to CBRC under the circumstance of important change of
operation, executive system or risk control of the derivative product transactions.

Financial institutions shall simultaneously send a copy to the State Administration of Foreign Exchange in the case that the aforesaid
matters related to the foreign exchange administration and external payment.

Article 28

Financial institutions shall properly conserve all the operation documents and documents, accounting books, original evidences, telephone
record and other materials of the derivative product transactions. Telephone record shall be conserved for more than half one year,
and other materials shall be reserved for 3 years after the maturity of the contract for the purpose of examination. The special
provisions of accounting prevail.

Chapter IV Penalty Provisions

Article 29

Where the traders of the derivative product transactions in the financial institutions violate these Measures or relevant provisions
of the institution resulting in heavy economic losses to the institution or the clients, financial institutions thereof shall give
the directly responsible higher executives and other governor and directly liable persons the penalty of demerit to expel. Those
who violate the Criminal law shall be transmitted to judiciary departments to investigate and affix criminal responsibility.

Article 30

Financial institutions that operate the derivative product transactions without permission of CBRC shall be given penalty by CBRC
according to Measures on Punishing Illegal Activity in Financing.

Non-financing institutions that violate these Measures and provide service of the derivative product transactions to the clients shall
be clamped down by CBRC and the illegal profit shall be confiscated by CBRC. Those violate criminal law shall be transmitted to judiciary
departments to investigate and affix criminal responsibility.

Article 31

CBRC shall respectively give penalty to the financial institutions that do not submit relevant statements, materials or that do not
expose related information according to the character of the institutions and Banking Supervision Law of People’s Republic of China,
Commercial Bank Law of People’s Republic of China, Regulations on Administration of Foreign-funded Financial institutions of People’s
Republic of China and other relevant laws, regulations and financial regulations.

CBRC shall give penalty to the financial institutions that provide fake information of the derivative product transactions or disguise
important information of the derivative product transactions according to Measures on Punishing Illegal Activity in Financing.

Article 32

CBRC can suspend or revoke the qualification of operating the derivative product transactions of the financial institutions under
the circumstance of finding the institutions did not effectively execute essential risk management and internal management system
of the derivative product transactions.

Chapter V Supplementary Provisions

Article 33

The power to interpret the present Measures shall remain with CBRC.

Article 34

The present Measures shall enter into effect as of March 1, 2004. If any provisions governing the derivative product transactions
of financial institutions issued previously are in conflict with the present Measures, the present Measures shall prevail



 
China Banking Regulatory Commission
2004-02-04

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON INTENSIFYING THE ADMINISTRATION OF COLLECTION OF INDIVIDUAL INCOME TAX OF FOREIGN EMPLOYEES

the State Administration of Taxation

Circular of the State Administration of Taxation on Intensifying the Administration of Collection of Individual Income Tax of Foreign
Employees

Guo Shui Fa No. 27 [2004]

March 5, 2004

aus of state taxation and those of local taxation of all provinces, autonomous regions, municipalities directly under the Central
Government and cities directly under state planning, and all the entities of the Administration,

With the economic globalization and the continuous advance of the opening to the outside world, more and more foreign employees work
in our country or engage in business activities. Due to the great mobility of foreign employees, the individual income tax policies
involved become more complicated, which has brought about some difficulties for foreign employees to make accurate judgment on their
tax paying obligations and for taxation authorities to supervise tax resources. And there frequently occurs the under-declaration
and underpayment of individual income tax. With a view to intensifying the administration on individual income tax of foreign employees
and on tax payment services, and further improving the quality and efficiency of the administration of tax collection, the relevant
issues are hereby notified as follows:

I.

Enhanrstanding and perfecting administration mechanismThe individual income tax of foreign employees is strongly policy-related, which
relates to not only the issues on the determination and division of the international taxation jurisdiction, but also the specific
policies and procedures for computing the taxable income and the tax payable and is the important content of international taxation
administration. Therefore, it has to do with not only the guarantee of the state revenue, but also the maintenance of tax sovereignty
of the state to intensify the administration of the collection of individual income tax of foreign employees and to make them to
properly perform their obligations of tax payment. All the localities shall sharpen the awareness of the importance of the administration
work for collecting individual income tax of foreign employees, set up and perfect the system of post and responsibility for the
international taxation administration, enrich professionals, and improve and regulate the procedures for administration, so as to
provide safeguards for the administration of individual income tax of foreign employees.

II.

Standardizing the law enforcement to ensure the fulfillment of the policiesThe policies applicable to the individual income tax of
foreign employees include the tax laws and regulations of China, tax agreements signed between the Chinese government and the foreign
governments. All the localities shall strengthen the self-capability training, improve the vocational skills of tax staff members
and accurately grasp the relevant policies. The law enforcement acts shall be further standardized to make strict the tax laws and
disciplines and rectify the procedures for the administration of tax collection so as to ensure the fulfillment of the policies concerning
the individual income tax of foreign employees and provide an open, fair and just taxation environments for foreign employees.

III.

Improving services to facilitate foreign employees to pay taxes according to law It is the function and duty of tax authorities to
intensify the administration of collection of individual income tax of foreign employees and to provide high-quality tax payment
services. All the localities shall take effective measures to earnestly solve difficulties and problems encountered by foreign employees
in their declaration of tax payment. Tax policies shall be propagated through internet, newspapers and periodicals, televisions,
broadcast and other media. Tutorships shall be made especially to foreign employees and their withholding agents, and smooth consultation
channels shall be provided for them, so as to help them understand the relevant tax laws and regulations of China, be familiar with
the procedures for the administration of tax collection and improve their observance of tax laws. The inter-department cooperation
shall be strengthened, and smooth information communication channels shall be established by strengthening the cooperation between
the departments of entry and exit administration, industry and commerce, customs, foreign trade and economy, education, culture,
physical education, science and technology and etc., as so to timely grasp the information on employment and flow of foreign employees
and to lay a good foundation for supervision of tax resources.

IV.

Intensifying the administration of tax collection and doing a good job for recovering the overdue taxesAll the localities shall carry
out a recovery of overdue taxes before the end of 2004, which is mainly designed to encourage taxpayers to make self-examination
and corrections. And the specific requirements are as follows:

1.

Where a foreign employee or a withholding agent declares the unpaid tax of the previous years on his/its own initiative before the
end of June 2004, he/it shall, in addition to making up the unpaid taxes according to law, pay a surcharge for overdue payment at
0.5 percent of the overdue tax for each day in arrears; but he/it may not be punished;

2.

Where a foreign employee still fails to make up the taxes on his/her own initiative within the above-mentioned time limit, if he/she
has disguised the relevant facts, or falsely report or failed to report the taxable income for a long time, he/she shall be ordered
to pay the overdue taxes and a surcharge for overdue payment according to the provisions of the Law of the People’s Republic of China
on the Administration of Tax Collection, and shall be imposed a fine as well.

V.

This Circular shall be referred to in the administration of collection of individual income tax of compatriots from Hong Kong, Macao,
Taiwan and oversea Chinese.



 
the State Administration of Taxation
2004-03-05

 







THE OFFICIAL REPLY OF THE MINISTRY OF COMMERCE ON RELEVANT ISSUES CONCERNING THE OVERSEAS (COUNTRY/REGION) ENTERPRISE’S ENTRUSTED OPERATION AND MANAGEMENT OF THE DOMESTIC-FUNDED ENTERPRISE

Ministry of Commerce

The Official Reply of the Ministry of Commerce on Relevant Issues concerning the Overseas (Country/Region) Enterprise’s Entrusted
Operation and Management of the Domestic-funded Enterprise

Shang Zi Han [2004] No.19

Beijing Municipal Bureau of Commerce:

We have acknowledged the receipt of your letter Asking for Instruction on the Issues concerning the Examination and Approval of the
Overseas (Country/Region) Enterprise’s Entrusted Operation and Management of the Domestic-funded Enterprise, a document of your Bureau
coded Jing Shang Zi Zi [2003] No.184. After study with the State Administration for Industry and Commerce, we hereby give an official
reply as follows:

In principle, the provincial commerce authorities in charge are allowed to handle the examination and approval of the overseas (country/region)
enterprise’s entrusted operation and management of the domestic-funded enterprise. Your Bureau is required to handle the examination
and approval of the overseas (country/region) enterprise’s entrusted operation and management of the domestic-funded enterprise in
accordance with the Provisions on Guiding Foreign Investment Direction and with reference to Circular of the State Administration
for Industry and Commerce and the Ministry of Foreign Trade and Economic Cooperation on the Issues concerning the Examination and
Approval and Registration of the Entrusted Overseas (Country/Region) Enterprise for Operation and Management in the Joint Venture
(Gong Shang Qi Zi [1988] No.98). Wherein, the overseas (country/region) enterprise shall not be entrusted for the operation and management
of the domestic-funded enterprise whose engaged industry is subject to the banned category in the Catalogue for the Guidance of Foreign
Investment Industries; where the engaged industry of the domestic-funded enterprise is subject to the permitted category in the Catalogue
for the Guidance of Foreign Investment Industries, and the establishment of the foreign-funded enterprise, in accordance with the
relevant provisions, is subject to the examination and approval of the Ministry of Commerce, the entrustment of the overseas (country/region)
enterprise for the operation and management of the domestic-funded enterprise shall be subject to the examination and approval of
the Ministry of Commerce after the examination of the first instance conducted by the provincial commerce authorities in charge.

This Official Reply is hereby given.

Ministry of Commerce of the People’s Republic of China

March 22, 2004



 
Ministry of Commerce
2004-03-22

 







ANNOUNCEMENT NO.4, 2004 OF OPEN MARKET BUSINESS

Announcement No.4, 2004 of Open Market Business

[2004] No.4

Circular concerning Increasing the Repurchase Operations of Open Market Business

Each primary trader of open market business:

The People’s Bank of China will implement the operation of issuing central bank bills every Tuesday and the operation of repurchases
every Thursday as from this week. The operation of issuing central bank bills shall be implemented toward each primary dealer, and
the operation of repurchases shall be implemented toward the deposit institutions among the primary dealers (including commercial
banks and rural credit cooperation associations). The bidding time of the operation of repurchases is at 9:00-10:00am every Thursday.

The Operating Office of the Open Market Business of the People’s Bank of China

May 12, 2004



 
The People’s Bank of China
2004-05-12

 







CIRCULAR OF THE MINISTRY OF COMMERCE ON PUBLICIZING THE LIST OF THE ORGANS FOR ARCHIVAL-FILLING AND REGISTRATION ENTRUSTED BY THE MINISTRY OF COMMERCE IN THE MEASURES FOR ARCHIVAL-FILLING AND REGISTRATION OF FOREIGN TRADE OPERATOR






Department of Foreign Trade of the Ministry of Commerce

Circular of the Ministry of Commerce on Publicizing the List of the Organs for Archival-filling and Registration Entrusted by the
Ministry of Commerce in the Measures for Archival-filling and Registration of Foreign Trade Operator

Department of Foreign Trade of the Ministry of Commerce

June 30, 2004

In accordance with the Measures for Archival-filling and Registration of Foreign Trade Operator promulgated by the Ministry of Commerce
by Decree 14 of 2004, the List of the Organs for Archival-filling and Registration Entrusted by the Ministry of Commerce is hereby
publicized as follows: htm/e03502.htm1

￿￿

1

Beijing Municipality Bureau of Commerce

2

Tianjin Commission of Commerce

3

Hebei Department of Commerce

4

The Commerce Bureau of Shanxi Province

5

Depart of Commerce of Inner Mongolia Autonomous Region

6

Liaoning Provincial Bureau of Foreign Trade and Economic Cooperation

7

Dalian Foreign Trade and Economic Cooperation Bureau

8

Department of Commerce of Jilin Province

9

Department of Commerce Heilongjiang Province

10

Shanghai Foreign Economy Relation & Trade Commission

11

Department of Foreign Trade and Economic Cooperation, Jiangsu Provincial Government

12

Zhejiang Foreign Trade and Economic Cooperation Bureau

13

Ningbo Foreign Trade and Economic Cooperation Bureau

14

The Bureau of Commerce of Anhui Province

15

Fujian Provincial Department of Foreign Trade & Economic Cooperation

16

Xiamen Municipal Trade Development Bureau

17

Department of Foreign Trade and Economic Cooperation of Jiangxi Province

18

Department of Foreign Trade & Economic Cooperation of Shandong Province

19

Qingdao Municipal Bureau of Foreign Trade and Economic Cooperation

20

Department of Commerce of Henan Province

21

Department of Commerce, Hubei Province

22

Hunan Provincial Department of Commerce

23

Department of Foreign Trade and Economic Cooperation of Guangdong Province

24

Business of Trade and Industry of Shenzhen Municipality

25

Department of Commerce of Guangxi Zhuang Autonomous Region

26

Department of Commerce of Hainan Province

27

Chongqing Foreign Trade & Economic Relations Commission

28

Department of Commerce of Sichuan Province

29

Department of Commerce of Guizhou Province

30

Department of Commerce of Yunnan Province

31

Department of Commerce of Tibet Autonomous Region

32

Department of Commerce of Shaaxi Province

33

Department of Commerce of Gansu Province

34

Department of Commerce of Qinghai Province

35

Department of Commerce of Ningxia Hui Autonomous Region

36

Xinjiang Foreign Trade & Economy

37

Bureau of Commerce of Xinjiang Production and Construction Corps

38

Wuhan Municipal Bureau of Foreign Trade and Economic Cooperation

39

Shenyang Municipal Bureau of Foreign Trade and Economic Cooperation

40

Guangzhou Municipal Bureau of Foreign Trade and Economic Cooperation

41

Harbin Municipal Bureau of Foreign Trade and Economic Cooperation

42

Xi￿￿an Municipal Bureau of Foreign Trade and Economic Cooperation

43

Chengdu Municipal Bureau of Foreign Trade and Economic Cooperation

44

Changchun Municipal Bureau of Foreign Trade and Economic Cooperation

45

Nanjing Municipal Bureau of Foreign Trade and Economic Cooperation

46

Zhuhai Municipal Bureau of Foreign Trade and Economic Cooperation

47

Shantou Municipal Bureau of Foreign Trade and Economic Cooperation

48

Economic & Trade Development Bureau of Suzhou Industry Park




INTERIM MEASURES FOR THE CONTROL OF OVERSEAS USE OF INSURANCE-RELATED FOREIGN EXCHANGE FUNDS

China Insurance Regulatory Commission

Order of China Insurance Regulatory Commission

No.9

The Interim Measures for the Control of Overseas Use of Insurance-related Foreign Exchange Funds as formulated jointly by China Insurance
Regulatory Commission and the People’s Bank of China are hereby promulgated and shall be implemented as of the date of promulgation.

Wu Dingfu, Chairman of China Insurance Regulatory Commission

Zhou Xiaochuan, President of the People’s Bank of China

August 9th, 2004

Interim Measures for the Control of Overseas Use of Insurance-related Foreign Exchange Funds

Chapter I General Provisions

Article 1

With a view to strengthening the control of overseas use of insurance-related funds, preventing risks and safeguarding the interests
of the insured, these Measures are formulated in conformity with the Insurance Law of the People’s Republic of China, Regulations
of the People’s Republic of China on Foreign Exchange Control and other pertinent laws and regulations.

Article 2

An insurance company mentioned in the present Measures refers to a Chinese capital insurance company, foreign capital insurance company,
Chinese-foreign joint venture insurance company or a branch of any foreign insurance company, set up with the approval of China Insurance
Regulatory Commission (hereinafter referred to as CIRC) and registered according to the law in the People’s Republic of China.

The insurance-related foreign exchange fund as mentioned in the present Measures refers to the sum of capital, public reserve fund,
undistributed profits, various reserves and guarantee deposits received in foreign currencies of an insurance company.

Article 3

In the overseas use of its foreign exchange fund, the insurance company shall follow the principles of security, liquidity and profitability
and be prudent in making investment and shall operate independently at its own risk.

Article 4

In the overseas use of its foreign exchange fund, the insurance company shall accord with the present Measures and other laws and
regulations concerning insurance and foreign exchange control, as well as the pertinent foreign laws and regulations.

Article 5

CIRC and the State Administration of Foreign Exchange (hereinafter referred to as SAFE) shall carry out supervision over and control
of the overseas use of insurance-related foreign exchange funds.

Chapter II Qualification Requirements

Article 6

An insurance company engaging in overseas use of its foreign exchange fund shall fulfill the following requirements:

(1)

possessing a license for engaging in foreign exchange;

(2)

its total assets at the end of the previous year being not less than RMB5 billion yuan;

(3)

its foreign exchange fund at the end of the previous year being not less than US$15 million or its equivalent in other freely convertible
currencies;

(4)

its solvency margin conforming to the pertinent provisions of CIRC;

(5)

possessing a professional fund use department or a pertinent insurance asset management company;

(6)

its internal management system and risk control system conforming to the provisions of the Guidelines for Risk Control in the Use
of Insurance Funds;

(7)

the number of its professional and managerial personnel with at least two years of experience in overseas investment conforming to
the pertinent provisions; and

(8)

other requirements as may be provided by CIRC and SAFE.

Article 7

In terms of the overseas use of its foreign exchange fund, the insurance company shall, within the amount of its foreign exchange
balance at the previous yearend, apply to SAFE for foreign exchange remittance and payment for investment outside China by submitting
the following documents and materials in triplicate:

(1)

a written application containing at least the background of the applicant, the amount of foreign exchange applied for to be paid for
investment and the investment plan;

(2)

its financial statements and balance sheet in foreign currencies at the previous yearend as audited by an accounting firm;

(3)

reports on its solvency positions at the end of last year and at the end of last quarter as audited by an accounting firm and notes
to such reports;

(4)

a brief of its internal professional fund use department or of pertinent insurance asset management company;

(5)

its internal management system and risk control system;

(6)

resumes of its professionals engaging in overseas investment;

(7)

materials concerning its domestic custodian and the draft custody agreement;

(8)

materials concerning its external trustee and the draft asset management entrustment agreement, if it has an external trustee; and

(9)

other materials as prescribed by CIRC and SAFE.The SAFE shall make a decision as whether or not to approve the application within
20 days as of the receipt of all necessary application documents. In the case of approval, the amount of foreign exchange payment
for investment as approved shall be notified in writing to the applicant; in the case of disapproval, such disapproval shall be notified
in writing to the applicant with reasons stated. A copy of such decision for either approval or disapproval shall also be sent to
CIRC.

Article 8

When its foreign exchange fund increases due to its capital increase or shares expansion or overseas listing, the insurance company
may apply to the SAFE for an increase of the specified amount of foreign exchange payment for investment for the current year by
submitting to the SAFE the pertinent documents and materials.The SAFE shall make a decision in conformity with Article 7 of the
present Measures.

Chapter III Investment Scope and Proportion

Article 9

The overseas use of insurance-related foreign exchange funds shall be limited to the following investment types and instruments:

(1)

bank deposits;

(2)

bonds of a foreign government, international financial organization or foreign company;

(3)

bonds issued outside China by the Chinese government or a Chinese enterprise;

(4)

money market derivatives, such as bank’s bills and large negotiable certificates of deposit; and

(5)

other investment types and instruments within the scope specified by the State Council.

The ￿￿bank￿￿ as referred to in item (1) of the preceding paragraph means either an external branch of a Chinese capital commercial
bank or a foreign bank with at least grade A or its equivalent of long-term credit as assessed by an internationally accepted rating
agency for the past three years.

The ￿￿bond￿￿ as referred to in item (2) of the preceding paragraph means that of at least grade A or its equivalent as assessed by
an internationally accepted rating agency.

The ￿￿money market derivatives￿￿ as referred to in item (4) of the preceding paragraph mean money market fixed income derivatives
of at least grade AAA or its equivalent as assessed by an internationally accepted rating agency.

Article 10

Any overseas use of insurance-related foreign exchange fund shall accord with the proportions as follows:

(1)

the total amount of the insurance company that may be used in investment may not be more than 80% of its foreign exchange balance
at the end of last year or, in the case of any circumstances under Article 8 herein, it may not be more than 80% of the sum of its
foreign exchange balance at the end of last year and the increased fund;

(2)

the actual total amount of investment of the insurance company may not be more than the amount of foreign exchange payment for investment
as approved by the SAFE;

(3)

the insurance company’s deposit in one bank may not be more than 30% of the amount of foreign exchange payment for investment as approved
by the SAFE, however, the balance in the account for settlement of overseas use of foreign exchange fund shall not be subject to
this limit;

(4)

the balance of all bonds of grade A of credit that the insurance company invested in, apart from those issued overseas by the Chinese
government or a Chinese enterprise, as calculated at their cost prices, may not be more than 30% of the amount of foreign exchange
payment for investment as approved by the SAFE;

(5)

the balance of all bonds below grade AA of credit that the insurance company invested in, apart from those issued overseas by the
Chinese government or a Chinese enterprise, as calculated at their cost prices, may not be more than 70% of the amount of foreign
exchange payment for investment as approved by the SAFE;

(6)

the balance of bonds issued by one company or enterprise, which the insurance company invested in, as calculated at their cost prices,
may not be more than 10% of the amount of foreign exchange payment for investment as approved by the SAFE; and

(7)

the balance of bonds issued overseas by the Chinese government or Chinese enterprises, which the insurance company invested in, as
calculated at their cost prices, may not be more than the amount of foreign exchange payment for investment as approved by the SAFE.

Chapter IV Investment Management

Article 11

In terms of overseas use of its insurance-related foreign exchange fund, the head office of the insurance company shall carry out
a unified strategic allocation of assets, and the internal professional fund use department or the pertinent insurance asset management
company shall be in charge of the operation and management.

No branch of an insurance company may undertake any overseas use of foreign exchange fund.

Article 12

Any overseas use of insurance-related foreign exchange fund must be made in conformity with the Guideline for Risk Control in the
Use of Insurance Funds and under a well-established risk control system.

The risk control system shall at least contain the investment decision-making procedure, investment authorization system, research
and reporting system, and risk assessment and performance appraisal index systems.

Article 13

In the overseas use of its foreign exchange fund, an insurance company may entrust the investment management to an external professional
investment institution satisfying the requirements prescribed in Article 14 herein.

Article 14

The external professional investment institution to which an insurance company entrust its investment management must fulfill the
following requirements:

(1)

being allowed to engage in asset management business according to the law of the country or district concerned;

(2)

its risk control index conforming to the pertinent provisions of the regulatory authority of the country or district concerned;

(3)

both its paid-in capital and net assets being not less than US$60 million respectively or its equivalent in other freely convertible
currencies, and the assets under its management being not less than US$50 billion or its equivalent in other freely convertible currencies;

(4)

possessing a sound corporate governance structure and well-established internal management system and risk control mechanism, and
having no record of any major illegal or irregular act in the country or district concerned in the past three years;

(5)

having at least ten years of experience in international asset management business, and having professional investment personnel of
a corresponding number;

(6)

committing in writing to a promise that, if necessary, it shall, at the request of CIRC, provide the exact state of transactions relating
to the overseas use of insurance-related foreign exchange fund;

(7)

the country or district concerned having a well-defined financial regulatory system, and there being a memorandum of understanding
concerning regulatory cooperation and effective regulatory cooperation relations between financial regulatory authority of the country
or district concerned and the Chinese financial regulatory authority; and

(8)

other requirements for prudence as prescribed by CIRC.The provisions concerning professional investment institutions established overseas
by domestic financial institutions, to which the management of insurance-related foreign exchange fund is entrusted, shall be separately
formulated by CIRC.

Article 15

When an insurance company entrusts its investment management to an external trustee, its internal professional fund use department
or related insurance asset management company shall be in charge of the delegation matters, and appraise the risk level of the trusted
assets, investment performance and management ability of the external trustee.

When selecting an external trustee for the management of insurance-related foreign exchange fund, the risk of management shall be
fully taken into consideration, and the foreign exchange fund under trusteeship management shall be decentralized properly.

Article 16

In the overseas use of its insurance-related foreign exchange fund, an insurance company shall lay stress on that the use matches
its liabilities in foreign exchange in terms of term structures and currency structures.

When undertaking overseas use of its insurance-related foreign exchange fund, the insurance company shall give priority to the bonds
issued overseas by the Chinese government and Chinese enterprises.

Chapter V Asset Custody

Article 17

In the overseas use of its foreign exchange fund, an insurance company shall entrust the custody of all its assets used overseas to
a domestic commercial bank.

The ￿￿commercial bank￿￿ as in the preceding paragraph means any Chinese capital bank, branch of a foreign bank, Chinese-foreign joint
venture bank or foreign capital bank in the territory of China.

Article 18

A commercial bank to be a domestic custodian of an insurance company shall fulfill the following requirements:

(1)

having been a designated foreign exchange bank for more than three years;

(2)

its paid-in capital being not less than RMB8 billion yuan, of which, there must be foreign exchange capital in freely convertible
currencies at the value of RMB1 billion yuan for a Chinese capital bank; the paid-in capital of the branch of a foreign bank shall
be calculated in light of its head office;

(3)

having obtained qualifications for domestic securities investment fund custody business;

(4)

having a sound corporate governance structure and well-established internal management system and risk control system;

(5)

having a special custody department and personnel of corresponding number who are familiar with global custody business;

(6)

having a safe and efficient clearing and settlement system and emergency mechanism;

(7)

having no record of any major illegal or irregular act, and neither the head office nor the branch having been heavily punished by
the regulatory authority of the country or district concerned, in the past three years; and

(8)

other requirements as prescribed by CIRC and SAFE.

The branch of a foreign bank shall not be subject to item (3) of the preceding paragraph, on condition that its head office has a
custody scale of at least US$100 billion.

Article 19

The domestic custodian of an insurance company shall perform the following obligations:

(1)

to manage the foreign exchange fund and securities entrusted by the insurance company;

(2)

to open a domestic custody account, external foreign exchange use settlement account and securities custody account in respect of
insurance-related foreign exchange fund;

(3)

to conduct outward and inward remittance of foreign exchange fund and the pertinent exchange formalities;

(4)

to supervise the overseas investment operation by the insurance company, insurance asset management company and external trustee,
jointly with the external custody agent;

(5)

to promptly notify the insurance company of any illegal or irregular investment directions whenever they find any;

(6)

to supervise the external custody agent and make sure that the insurance-related foreign exchange fund is in safe custody;

(7)

to keep for at least 15 years the records, vouchers and other pertinent materials of inward and outward remittance and transactions
of foreign exchange fund and transactions of securities;

(8)

to conduct the declarations for statistics of the international balance of payment in conformity with such provisions as the Measures
for Declarations for Statistics of International Balance of Payment, Operation Rules for Financial Institutions’ Handling Declarations
for Statistics of International Balance of Payment, and Operation Rules for Financial Institutions’ Handling Declarations of External
Asset Balance and Profit and Loss;

(9)

to assist CIRC and SAFE in inspecting the overseas use of insurance-related foreign exchange funds; and

(10)

other obligations as prescribed by CIRC and SAFE.

Article 20

The domestic custodian of an insurance company shall submit the pertinent reports pursuant to the following provisions:

(1)

a report on the opening of the insurance company’s domestic custody account, external foreign exchange use settlement account and
securities custody account shall be made to CIRC and SAFE within five days as of the day when they are opened;

(2)

a report on the insurance company’s outward remittance of principal and inward remittance of principal and earnings shall be made
to SAFE with a copy thereof to CIRC within two days as of the day of remittance;

(3)

a report on the receipt and payment in the domestic custody account of the insurance company shall be made to CIRC and SAFE within
five days from the end of each month;

(4)

a statement of the overseas use of insurance-related foreign exchange fund shall be submitted to CIRC and SAFE within ten days as
of the end of each quarter;

(5)

a statement of the overseas use of foreign exchange fund of the insurance company for the last year shall be submitted to CIRC and
SAFE within one month as of the end of each fiscal year;

(6)

it shall promptly report to CIRC and SAFE any illegal or irregular investment directions of the insurance company, insurance asset
management company or external trustee whenever it finds them; and

(7)

it shall report other matters to CIRC and SAFE as prescribed by them.

Article 21

After receiving the approval document from SAFE for the amount of foreign exchange payment for investment, an insurance company shall
conclude a custody agreement with the domestic custodian by producing such approval document, and open a domestic custody account.

Article 22

The insurance company shall submit the following documents to CIRC and SAFE within five days as of the opening of its domestic custody
account:

(1)

a copy of the custody agreement; and

(2)

a written commitment of the domestic custodian that it shall, pursuant to the pertinent provisions, supervise the use by the insurance
company of its domestic custody account, external foreign exchange use settlement account and securities custody account.

The custody agreement must state the obligations of the domestic custodian as prescribed in Articles 19 and 20 herein. The insurance
company is enpost_titled to terminate the agreement earlier if, in the case of any violation by the domestic custodian of the said obligations,
CIRC or SAFE requires the insurance company to replace the domestic custodian with another one.

Article 23

The following funds fall with the receipts of the domestic custody account of an insurance company:

(1)

foreign exchange fund transferred to the account by the insurance company;

(2)

insurance-related foreign exchange fund remitted to the account from overseas;

(3)

bank deposit principal and interest income;

(4)

interest income from bonds and revenue from sale of bonds;

(5)

interest income from money market derivatives and revenue from the sale thereof; and

(6)

other receipts.

Article 24

The following expenditures fall within the payment of the domestic custody account of an insurance company:

(1)

fund transferred to the external foreign exchange use settlement account;

(2)

insurance-related foreign exchange fund remitted back to the insurance company;

(3)

bank deposit;

(4)

cost paid for the purchase of bonds, including tax payment, such as stamp tax and capital gains tax;

(5)

currency exchange fee, custody fee and asset management fee;

(6)

various service charges; and

(7)

other expenditures.

Article 25

Any overseas commercial bank chosen by a domestic custodian to be its external custody agent shall fulfill the requirements concluded
in the custody agreement.

The domestic custodian shall open an external foreign exchange use settlement account and a securities custody account in respect
of the insurance-related foreign exchange fund with its external custody agent for fund settlement and securities custody business.

Article 26

The domestic custodian shall choose an overseas commercial bank satisfying the following requirements as its external custody agent:

(1)

its paid-in capital being not less than US$2.5 billion or its equivalent in other freely convertible currencies;

(2)

having been of at least grade A or its equivalent of long-term credit as assessed by an internationally accepted rating agency for
the past three years;

(3)

being qualified for a custodian as determined by the regulatory authority of the country or district concerned, or having cooperative
relations with the domestic custodian;

(4)

having a sound corporate governance structure and well-established internal management system and risk control mechanism;

(5)

having a special custody department and personnel of corresponding number who are familiar with the custody business in the country
or district concerned;

(6)

having a safe and efficient clearing and settlement system and emergency mechanism;

(7)

having no record of any heavy punishment in the country or district concerned in the past three years;

(8)

the country or district concerned having a well-defined financial regulatory system, and there being a memorandum of understanding
regarding regulatory cooperation and effective regulatory cooperation relations between the financial regulatory authority of the
country or district concerned and the Chinese financial regulatory authority; and

(9)

other requirements for prudence as prescribed by CIRC and SAFE.

Article 27

The insurance company’s domestic custodian and its external custody agent shall strictly separate their own assets from those under
trust, and set up accounts respectively for, and make separate management of, the overseas use of foreign exchange fund of each insurance
company.

Chapter VI Supervision and Management

Article 28

SAFE may adjust the approved amount of overseas use of insurance-related foreign exchange fund for investment in light of the overall
state of international balance of payment.

Article 29

Any overseas use of foreign exchange fund by an insurance company shall be limited to the provisions of Articles 9 and 10 herein,
and the insurance company may not commit any of the following acts:

(1)

granting a loan to or providing guarantee for others;

(2)

money laundering;

(3)

conspiring with its external trustee, domestic custodian and external custody agent to obtain illegal gains; or

(4)

other acts as prohibited by the pertinent laws or provisions of China or any other country or district concerned.

Article 30

When concluding a pertinent agreement respectively with its external trustee and domestic custodian, an insurance company shall expressly
require the external trustee and domestic custodian to promptly provide the related statements and relevant materials to CIRC and
SAFE.

Article 31

CIRC and SAFE may require the insurance company and its domestic custodian to provide the materials concerning the overseas use of
insurance-related foreign exchange fund and, if necessary, conduct on- site inspection on the insurance company or entrust such inspection
to a professional agency.

Article 32

No overseas commercial bank entrusted with the management of insurance-related foreign exchange fund may concurrently be the domestic
custodian or external custody agent.

Article 33

If any of the following circumstances occurs, the insurance company shall report it to SAFE within five days as of the occurrence:

(1)

any change of its external trustee, domestic custodian or external custody agent;

(2)

any significant change in its registered capital and shareholding structure;

(3)

being involved in any major litigation, subject to any heavy punishment or any other serious matters; and

(4)

other circumstances as prescribed by SAFE.

The insurance company shall also report the occurrence of circumstances under items (1) and (3) of the preceding paragraph to CIRC.

Article 34

If any of the following circumstances occurs, the insurance company’s domestic custodian shall report it to CIRC and SAFE within five
days as of the occurrence:

(1)

any significant change in its registered capital and shareholding structure;

(2)

being involved in any major litigation or subject to any heavy punishment; and

(3)

other matters as prescribed by CIRC and SAFE.

Article 35

Any insurance company and its domestic custodian in violation of the present Measures or any other provisions concerning insurance
and foreign exchange control shall be given by the pertinent regulatory authorities administrative penalties according to their respective
authorities and regulatory functions.

In the case of any gross violation by an insurance company of the present Measures, CIRC may limit the company’s scope of business,
order the company to cease accepting new business or revoke the company’s license for insurance business.

In the case of any gross violation by the domestic custodian of the present Measures, CIRC may order the insurance company to replace
the domestic custodian.

Article 36

If the external trustee entrusted with the management of insurance-related foreign exchange fund breached the pertinent provisions,
CIRC and SAFE may require the insurance company to replace such external trustee.

Chapter VII Supplementary Provisions

Article 37

For the materials submitted to CIRC and SAFE under the present Measures, those in Chinese shall be regarded as the authentic ones.

Article 38

The use by an insurance company of foreign exchange fund in Hong Kong Special Administrative Region and Macao Special Administrative
Region shall be carried out by following the pertinent provisions of the present Measures.

Article 39

The overseas use of foreign exchange fund by an insurance management company shall be carried out by following the present Measures.

Article 40

In the present Measures, ￿￿day￿￿ means a working day not including any festival or holiday.

Article 41

The power of interpretation of the present Measures shall be vested in CIRC and the People’s Bank of China.

Article 42

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

 
China Insurance Regulatory Commission
2004-08-09

 




MEASURES FOR THE ADMINISTRATION OF EXAMINATION AND APPROVAL OF RADIO STATIONS AND TELEVISION STATIONS

the State Administration of Radio, Film and Television

Order of the State Administration of Radio, Film and Television

No. 37

The Measures for the Administration of Examination and Approval of Radio Stations and Television Stations, which have been adopted
at the executive meeting of the State Administration of Radio, Film and Television on June 15, 2004, are promulgated hereby and shall
go into effect as of September 20, 2004.

Director of the State Administration of Radio, Film and Television Xu Guangchun

August 18, 2004

Measures for the Administration of Examination and Approval of Radio Stations and Television Stations

Article 1

For the purposes of regulating the administration of radio stations and television stations and safeguarding the sound development
of the radio and television undertaking and industry, the present Measures are formulated in accordance with the Regulation on the
Administration of Radio and Television.

Article 2

The “radio and television stations” as referred to in the present Measures are the radio and television broadcasting institutions
(include the radio stations and television stations, the educational television stations, the enterprise groups of radio, film and
television, the chief stations, the branches of the radio and television stations with independent legal personality) which gather
and edit, produce and broadcast radio and television programs to the general public through the wired, the wireless, the satellites
transmission or other means.

Article 3

The State Administration of Radio, Film and Television (hereinafter referred to as the SARFT) shall be responsible for formulating
the plans for the establishment of radio stations and television stations of the whole country, determining the total amount, overall
arrangement and structure of the radio and television stations, and examining and approving the establishment and supervising and
administrating the radio and television stations of the whole country. The administrative departments of radio, film and television
of the local people’s governments at the county level or above shall be responsible for the administration of the radio and television
stations within their own administrative divisions.

Article 4

The State prohibits the establishment of radio and television stations in the form of foreign-funded venture, Chinese-foreign equity
joint venture or Chinese-foreign contractual joint venture.

Article 5

In principle, the radio and television stations shall be established by the administrative departments of radio, film and television
at the level of county or city undivided into districts or by the authorized enterprise groups of radio, film and television (the
chief station).The educational television stations, however, may be set up by the educational administrative departments at the level
of city divided into districts or autonomous prefecture level or above.

Article 6

To establish and merge a radio or television station, the following requirements shall be met:

(1)

It shall be in conformity with the development plan of the national radio and television undertaking and industry and the related
national and trade standards;

(2)

It shall have the professional staff of radio and television, shall have technical equipments and the place utility prescribed by
the State;

(3)

It shall have the necessary funds for capital construction and stable capital guarantee;

(4)

It shall have the definite channel orientation and certain transmission coverage; and

(5)

The means of transmission and technical parameters shall conform to the layout of transmission coverage network of the national radio
and television.

Article 7

The establishment, merger and alteration of the related matters of radio and television stations at the central level shall be directly
reported to the SARFT for examination and approval. The establishment and alteration of the local radio stations and television stations
shall be applied to the superior administrative department of radio, film and television by their corresponding administrative departments
of radio, film and television, and reported to the SARFT for examination and approval after the level-by-level examination and approval.

The establishment, merger and alteration of the related matters of the educational television stations shall be applied to the superior
educational administrative departments by the educational administrative departments at the level of city divided into districts
or autonomous prefecture level or above upon the approval of their corresponding administrative department of the radio and television,
and reported to the SARFT for examination and approval after the level-by-level examination and approval and the examination and
approval of the educational administrative department of the State Council.

Article 8

To apply for the establishment and merger of the radio and television stations, one shall submit the following application materials:

(1)

a written application; and

(2)

a feasibility report, which shall include the following contents:

a.

human resources;

b.

capital guarantee and sources;

c.

place, equipments;

d.

plan for the launching of channels and programs (including the orientation of the channels and the column designing);

e.

transmission coverage, means and technical parameters; and

f.

operation plans.

(3)

the station name, and logo and the call letters to be used, attached with the colored sample design of the station logo, brief description
of the originality and electronic manuscript;

(4)

the approval documents of the people’s government at the same level for granting the establishment and merger; and

(5)

preparatory plans.

Article 9

To apply for adjusting the established number of programs and the range of the programs, one shall submit the following application
materials:

(1)

a written application; and

(2)

a feasibility report, which shall include the following contents:

a.

the reasons for adjusting the number of programs and the range of the programs;

b.

human resources;

c.

capital guarantee and sources;

d.

place, equipment;

e.

plan for the launching of channels and programs (including the orientation of channels and the column designing);

f.

transmission coverage, means and technical parameters; and

g.

operation plans.

(3)

preparatory plans.

Article 10

The names and the call letters of the radio and television stations shall, in principal, be in conformity with the names of the administrative
divisions determined by the State Council.

The station logo may be composed of the design, Chinese characters, numbers and letters of an alphabet, and shall be distinct from
the logos used by other radio stations, television stations and other institutions and be marked out on the top left corner of the
screen when broadcasting. The logo of the program channels owned by the radio and television stations shall be composed of, station
logo, as the principal part, and the channel names or their short form and the serial numbers.

Article 11

In case of applying for the alteration of the station name, logo or call letters, a radio and television station shall submit the
following application materials:

(1)

a written application; and

(2)

the station name, and logo and the call letters to be altered, as well as the colored sample design, brief description of the originality
and electronic manuscript. If the alteration is due to the alteration of the administrative divisions, the duplicate of the approval
documents concerning the alteration of the administrative divisions shall be submitted to the State Council.

If the alteration of station name and call letters is due to other reasons, the reasons for the alteration shall be fully expounded
in the written application.

Article 12

In case of applying for the alteration of the transmission coverage, means and technical parameters, a radio or television station
shall submit the following application materials to the administrative departments of radio and television of their own level:

(1)

a written application; and

(2)

the use suggestions of the technical parameters, the necessary design documents or technical assessment reports.

The reasons shall be given in the written application for the alteration of the transmission coverage, means and technical parameters
and the compacts on the transmission coverage network.

Article 13

The radio and television stations, established by the radio and television administrative departments at the level of the sub-provincial
cities or above or by the authorized groups of radio, film and television (the chief station), may transmit the radio and television
programs of their own stations by satellite in accordance with the development plan of construction and technology for the undertaking
and industry of the national radio and television.

To transmit the radio and television programs of their own stations by satellite, the stations shall apply to the administrative department
of radio and television at the same level, and it shall be reported level-by-level and be subject to examination and approval by
the SARFT after the administrative department of radio and television at the same level report to the people’s governments at the
same level for approval.

Article 14

In case of applying for transmitting the radio and television programs of their own stations by satellites, a radio and television
station shall submit the following application materials:

(1)

a written application; and

(2)

a feasibility report, which shall include the following contents:

a.

the reasons for transmitting the radio and television programs by satellite;

b.

human resources;

c.

capital guarantee and sources;

d.

place, equipments;

e.

plan for the launching of channels and programs (including the orientation of the channels and the column designing); and

f.

an operation plan.

(3)

the censorship of the programs and the administrative systems;

(4)

the safe transmission and broadcasting schemes, technical proposals; and

(5)

the approval documents of the people’s government at the same level; and

(6)

the preparatory plans.

Article 15

The radio and television stations, established by the administrative departments of radio and television at the level of the sub-provincial
cities or above or by the authorized enterprise groups of radio, film and television (the chief station), may apply to the administrative
department of radio and television at the same level for establishing the substations within their own administrative divisions,
and it shall be subject to the examination and approval of the SARFT after level-by-level examinations.

To establish the substations, the radio and television stations shall submit the following application materials:

(1)

a written application; and

(2)

a feasibility report, which shall include the following contents:

a.

human resources;

b.

capital sources;

c.

place, equipments;

d.

plan for the launching of channels and programs (including the orientation of the channels and the column designing); and

e.

transmission coverage, means and technical parameters.

(3)

the station name and logo and the call letters, attached with the colored sample design of the station logo, a brief description of
the originality and electronic manuscript.

Article 16

The substations, established by the radio station and the television station, shall be put on record with the administrative departments
of radio and television at the locality of the stations prior to the beginning of broadcasting, and be subject to the territory administration
of the administrative departments of radio and television at the locality of the stations.

Article 17

All application materials submitted by the applicant shall be done in quintuplicate. The administrative departments of radio and television
in charge of acceptance shall perform the responsibility of acceptance and examination and approval in accordance with the time limit
and the limit of authority prescribed in the Administrative License Law. The SARFT shall conduct the final examination and approval
of the application materials. If the application of the applicant is in accordance with the statutory standards, a written decision
for granting the administrative license shall be made. In case the decision of disqualification of the administrative license is
made, the applicant shall be given a written notice and the reasons therefore.

Article 18

The SARFT shall issue Permit of the Radio and Television Broadcasting Institutions to the radio and television stations established
upon authorization, and simultaneously issue a Permit of the Radio and Television Channels to each set of the radio and television
programs launched upon authorization.

The term of validity of the permit shall be three years commencing from the date of issuance. If it needs to continue its operations
when the term expires, the application shall be filed in accordance with the prescriptions of Articles 6, 7, and 8 of the Present
Measures 180 days before of the expiration of the term of validity, and the permit shall be reissued for a new term upon the level-by-level
examination and approval.

Permit of the Radio and Television Broadcasting Institutions and Permit of the Radio and Television Channels shall be uniformly printed
and issued by the SARFT.

Article 19

In case a radio and television station is terminated, it shall fully expound the reasons, and be reported level-by-level to the SARFT
for examination and approval in accordance with the former establishment examination and approval procedures, and the Permit of Radio
and Television Broadcasting Institution and Permit of the Radio and Television Channels thereof shall be taken back by the SARFT.

Article 20

The radio and television stations shall produce and broadcast the programs according to the setup subjects, the station names, the
call letters, the station logos, the range of programs, the established number of programs, the transmission coverage and means,
and technical parameters.

Article 21

If a radio and television station temporarily suspends its broadcasting due to special reasons, it shall be subject to approval by
the administrative department of radio and television at the provincial level or above. If the radio and television station suspends
broadcasting for more than consecutively 30 days without permission or fails to resume broadcasting for more than 180 days commencing
from the date of approval by the SARFT, it shall be regarded as being terminated.

Article 22

The channels of the radio or television stations may be divided into the public ones and commercial ones. It is allowed for the two
types of channels to be properly separated in structural establishment, and adopt the corresponding organization and management ways
and operation means in light of their respective features and aims. The special administrative measures shall be formulated separately.

Article 23

The radio and television stations can trans-regionally and jointly run the radio and television channels or programs launched upon
permission.

Article 24

In case a radio and television channel or program is run jointly, the radio and television station thereof shall apply to the administrative
departments of radio and television at the same level, and it shall be subject to the examination and approval by the SARFT after
the level-by-level examination and approval.

To run the radio and television channels or program jointly, the radio and television stations shall submit the following application
materials:

(1)

a written application; and

(2)

a feasibility report, which shall include the following contents:

a.

the reasons for the joint operation of the radio and television channels or program;

b.

human resources;

c.

capital guarantee and sources;

d.

place, equipments;

e.

resources of the programs and a plan for the programs;

f.

transmission coverage, means and technical parameters; and

g.

an operational plan.

(3)

a cooperative contract.

Article 25

No radio station or television station at the county level may launch any television channel by itself. However, the local news and
the special topics of economy, science and technology, legality, agriculture, and important activities, programs of entertainment
with local color, and advertisements produced by them may be broadcasted in the reserved time intervals of the public channels within
the administrative divisions of its own province, autonomous region, and municipality directly under the Central Government.

Article 26

The administration of the examination and approval of pay channels of the radio and television stations shall be carried out in accordance
with the pertinent regulations of the SARFT.

Article 27

The technical schemes, safe transmission and broadcasting schemes, transmission coverage, means and technical parameters declared
by the radio station or the television station shall be in conformity with the pertinent regulations of the SARFT.

Article 28

Punishment shall be imposed on any violation of the present Measures pursuant to Regulation on the Administration of the Radio and
Television.

Article 29

The present Measures shall go into effect as of September 20, 2004. The Measures for the Administration of Examination and Approval
of Establishing Radio and Television Stations (Order No.19 of the Ministry of Radio, Film and Television) of the Ministry of Radio,
Film and Television shall be abolished simultaneously.



 
the State Administration of Radio, Film and Television
2004-08-18

 







NEGOTIABLE INSTRUMENTS LAW OF THE PEOPLE’S REPUBLIC OF CHINA (2004 REVISION)






e00239

Standing Committee of the National People’s Congress

Negotiable Instruments Law of the People’s Republic of China (2004 Revision)

(Adopted at the 13th Session of the Standing Committee of the Eighth National People’s Congress on May 10th, 1995; Revised 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)

ContentsChapter I General Provisions

Chapter II Drafts

Section 1 Drawing of Drafts

Section 2 Endorsement

Section 3 Acceptance

Section 4 Guarantee

Section 5 Payment

Section 6 Right of Recourse

Chapter III Promissory Notes

Chapter IV Checks

Chapter V Application of Law on Foreign-related Negotiable Instruments

Chapter VI Legal Responsibilities

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1

The law has been drawn up with a view to standardizing the behavior in the transaction of negotiable instruments, protecting the legitimate
rights and interests of parties involved in the negotiable instruments transaction activities, safeguarding the social and economic
order and promoting the development of the socialist market economy.

Article 2

The law applies to all transaction activities in negotiable instruments within the territory of the People’s Republic of China.

The negotiable instruments as referred in this law include bills of exchange, promissory notes and checks.

Article 3

Activities of negotiable instruments transaction shall abide by law, administrative regulations and decrees￿￿ and shall not in any
way infringe upon the public interests.

Article 4

In drafting negotiable instruments, a drawer shall put his/her signature or seal to the instruments according to the legal conditions
and bear the liabilities for the negotiable instruments in compliance with the items recorded on them.

In exercising the rights associated with the negotiable instruments, a holder shall put his/her signature or seal to the negotiable
instruments according to the legal procedures and present the instruments.

Other debtors who have put their signatures or seals on the negotiable instruments shall assume the obligations in compliance with
the items recorded on them.

The term “rights associated with the negotiable instruments” used in this law refers to the rights of the holder to claim payment
according to the amount specified in the negotiable instruments, including the right of claim and the right of recourse.

The term “obligations associated with the negotiable instruments” used in this law refers to the obligations of the debtor to pay
the amount specified in the negotiable instruments to the holder.

Article 5

Parties to a negotiable instrument may entrust their agents to put their signatures or seals to the instruments and clearly indicate
their agency relationship.

If a negotiable instrument bears the signature or seal in the name of an agent without the power of attorney, the obligations associated
with the negotiable instrument shall be performed by the person or persons who have put the signatures or seals to the negotiable
instrument. If an agent has gone beyond his/her attorneyship, he/she shall perform the obligations associated with the negotiable
instrument on the part that exceeds his/her term of reference.

Article 6

If a negotiable instrument bears the signature or seal of a person who is incapable of civil acts or by a person whose civil acts
have been restricted, the signature or the seal is invalid, but that shall not affect the validity of other signatures and seals
on the same instrument.

Article 7

The signature/seal on a negotiable instrument mean signature or seal, or signature plus seal.

The signature/seal of a legal person and other unit using negotiable instruments shall be the seal of the legal person or unit plus
the signature or seal of their legal representative or their authorized agent.

The signature on a negotiable instrument shall be the true name of the person who signs it.

Article 8

The amount of a negotiable instrument shall be written in both Chinese characters and in numerals and the two shall tally with each
other. The negotiable instruments shall be invalid if the words and figures do not tally.

Article 9

The items recorded in a negotiable instrument shall conform to the provisions of this law. The amount, date and name of the receiver
shall not be altered. If they are altered, the negotiable instrument shall become invalid.

Other matters recorded in a negotiable instrument may be altered by the original recorder and the alteration shall be certified by
a signature or seal put on it by the original recorder.

Article 10

The draft, acquisition and transfer of a negotiable instrument shall follow the principle of authenticity and creditability and be
treated as a real act of trading or debt payment.

A negotiable instrument shall be acquired against a corresponding price, that is, the price acknowledged by both parties to a negotiable
instrument.

Article 11

If a negotiable instrument is obtained free of charge according to law due to taxation, inheritance and donation, it is not restricted
by the corresponding price rule. But the rights to the instrument enjoyed shall not be superior than those enjoyed by the prior holder.

The prior holder refers to a debtor who puts his/her signature or seal to the negotiable instruments before acquired by the present
signer or holder.

Article 12

In the case of obtaining a negotiable instrument by deception, theft or coercion or obtaining a negotiable instrument which has been
knowingly obtained by deception, theft or coercion out of malicious motives, the holder shall not enjoy the rights associated with
the negotiable instruments.

A holder who has obtained the negotiable instruments not conformable to the provisions of this law due to major errors shall not enjoy
the rights associated with the negotiable instruments either,

Article 13

The debtor for a negotiable instrument shall not protest against the holder on the ground of protesting against the drawer or the
prior holder, except when the holder has obtained the negotiable instrument with the clear knowledge of the ground for protest.

The debtor for a negotiable instrument may protest against the holder having direct debtor-creditor relationship with him/her but
refusing to perform his/her agreed obligations.

The term “protest” used in this law refers to the act of the debtor for a negotiable instrument s to refuse to perform obligations
to the creditors according to the provisions of this law.

Article 14

Matters recorded on the negotiable instruments shall be true to the facts. Forging or alteration is not allowed. Those who forge or
alter the signatures or seals or other items recorded on the negotiable instruments shall bear legal responsibilities.

The forged or altered signatures or seals do not affect the validity of the true signatures or seals on the same negotiable instruments.

If any item recorded on the negotiable instruments has been altered, the person who signs the instrument before the alteration shall
be responsible for the matters originally recorded. The person who signs the instruments after the alteration shall be responsible
for the matters recorded after the alterations. If it is impossible to tell whether the signatures or seals are made before or after
the alteration, they are regarded as being made before the alterations.

Article 15

In the case of loss of a negotiable instrument, the person who loses it may timely notify the payer of the negotiable instrument to
refuse payment on the lost instrument, except in the cases in which the payer is not recorded or it is impossible to determine the
payee and the agency payer.

The payer shall suspend payment after receiving the notice for suspending payment due to lost instrument.

Owner of the lost negotiable instrument shall, within three days of issuing the notice for suspending payment due to lost instrument,
or immediately after the negotiable instrument is lost, apply for public summons with the People’s Court or indict with the People’s
Court.

Article 16

The exercising of the rights associated with the negotiable instruments on instrument debtors or the right for the protection of the
negotiable instrument shall be conducted at the business sites and during the business hours of the parties to the negotiable instruments
and, if the parties to the negotiable instruments have no business sites, it shall be conducted in their residences.

Article 17

The rights to the negotiable instruments shall expire if not exercised within the following time limits:

1.

Within two years from the time of the maturity of the negotiable instruments for the right of the holder to the drawer and acceptor,
or, within two years from the date of draft for bills and notes payable at sight;

2.

Within six months from the date of draft for the right of the holder to the drawer;

3.

Within six months from the date of non-acceptance or dishonor for the right of recourse of the holder to the prior holder;

4.

Within three months from the date of liquidation or the date of indictment for the right of re-recourse.

The date of draft and the due date shall be fixed by parties to the negotiable instruments according to law.

Article 18

Holders who have lost the right to the negotiable instruments due to the expiry of the validity period for the exercise of the rights
to the negotiable instruments or due to the inadequacy of the recordings on the negotiable instruments still enjoy the civil rights
and may request the drawers or acceptors to return the interests in equal amount specified in the negotiable instruments unpaid.

Chapter II Drafts

Section 1 Drawing of Drafts

Article 19

A draft is a bill signed by the drawer, requiring the entrusted payer to make unconditional payment in a fixed amount at the sight
of the bill or on a fixed date to the payee or the holder.

Drafts include bank drafts and commercial drafts.

Article 20

The drawing of a draft refers to the act of a drawer to sign and deliver the draft to the payee.

Article 21

The drawer of a draft shall have real authorized payment relations with the payees and have reliable sources of fund to pay the draft
amount.

It is forbidden to sign drafts without corresponding prices for the purpose of acquiring funds from banks or other parties to the
negotiable instrument by deception.

Article 22

A draft shall bear the following items:

1.

Chinese characters denoting “draft”;

2.

Commission on unconditional payment;

3.

The amount of money fixed;

4.

Name of the payer;

5.

Name of the payee;

6.

Date of draft;

7.

Signature of the drawer.

A draft lacking one of the items listed above is invalid.

Article 23

The date of payment, place of payment and place of draft recorded on the draft shall be clear and definite.

If a draft does not bear the date of payment, it is a draft payable at sight.

If a draft does not bear the place of payment, the place of payment shall be the business site or the residence of the payer or the
place where the payer often lives.

If a draft does not bear the place of draft, the place of draft shall be taken as the business site or residence of the drawer or
the place where the drawer often lives.

Article 24

Items other than those provided for by this law may be recorded on a draft, but such items do not have the draft effect.

Article 25

The date of payment may be recorded in one of the following forms:

1.

Payable at sight;

2.

Dated payment;

3.

Payable on a fixed date after draft;

4.

Payable on a fixed date after sight.

The date of payment provided for in the preceding paragraph is the due date of the draft.

Article 26

After signing the draft, the drawer shall bear the responsibility of ensuring the acceptance and payment of the draft. If a drawer
has failed to get the draft accepted or paid, the drawer shall undertake to pay the amount and expenses provided for in Article 70
and Article 71 of this law.

Section 2 Endorsement

Article 27

The holder of a draft may transfer the rights associated with the draft or authorize others to exercise some of the rights.

If the drawer writes the Chinese characters meaning “Not Transferable” on a draft, the draft shall not be transferred.

In exercising the rights provided for in the first paragraph, the holder shall endorse it and deliver the draft.

“Endorsement” refers to the recording of items concerned on the backside of a draft or on the allonge to the draft with a signature
or seal put to the record.

Article 28

If the draft instrument has not enough space to satisfy the needs of writing, an allonge may be attached.

The first person who writes on the allonge shall put his/her signature or seal to the sticking line of the allonge.

Article 29

An endorsement shall be signed by the endorser, with the date of endorsement.

An endorsement without date shall be regarded as an endorsement before the due date.

Article 30

If a draft is endorsed over to another person entirely or in part, the draft shall bear the name of the endorser.

Article 31

In endorsing over a draft to others, the endorsement shall be in uninterrupted series. The holder shall prove the rights associated
with the draft by an uninterrupted series of endorsement. If a draft is not endorsed over to another person, the holder shall put
to the proof the right on the draft according to law.

The term “uninterrupted series” used in the preceding paragraph refers to the sequential consistency in the signatures or seals by
the endorser and the endorsee in the transfer of negotiable instruments.

Article 32

In endorsing a draft to others, the subsequent endorser shall be responsible for the authenticity of the endorsement by the immediate
prior endorser.

The subsequent endorser refers to the other debtors involved in the draft signed after the signer of the draft.

Article 33

An endorsement shall not have conditions attached, If an endorsement has conditions attached, the conditions do not have the effect
on the draft.

The endorsement which transfers part or the entire amount on the draft to two or more persons is invalid.

Article 34

If an endorser writes the words “Not Transferable” on a draft and the draft is transferred by the subsequent endorser, the original
endorser shall not bear the liability of guarantee to the subsequent endorsee.

Article 35

If an endorsement bears the word “Collection”, the endorsee has the right to exercise the rights to the draft commissioned on behalf
of the endorser. But the endorsee shall not re-endorse over a draft to others.

A draft may be mortgaged. In mortgaging a draft, the word “Hypothecation” shall be written in the form of endorsement. When having
acquired the hypothecation according to law, the endorsee may exercise the rights to the draft.

Article 36

A draft shall not be endorsed over to others when it has been refused to pay or accepted or the time of payment as indicated is overdue.
If such a draft is endorsed over to others, the endorser shall bear the liability of the draft.

Article 37

After an endorser has endorsed over a draft to others, the endorser shall be liable to ensure the draft in the hands of the subsequent
holder are accepted or paid. If an endorser cannot get the draft accepted or paid, the endorser shall undertake to claim payment
in the amount of the draft plus expenses from the holder as provided in Article 70 and Article 71 of this law.

Section 3 Acceptance

Article 38

Acceptance refers to a promise of a draft payer to pay the actual amount of draft when the draft is due.

Article 39

For a draft payable on a fixed date or on a fixed date set after the date of draft, the holder shall make presentation for acceptance
to the payer before the due date of draft.

Presentation for acceptance refers to the act of the holder to present the draft and demand for the pledge of the payer to pay.

Article 40

For a draft payable on a fixed date after sight, the holder shall present it for acceptance to the payer within one month starting
from the date of draft.

If a holder has failed to make presentation for acceptance according to the prescribed time limit, that holder shall lose the right
of recourse against the prior holder.

No presentation for acceptance is necessary for a draft payable at sight.

Article 41

A payer shall accept or refuse to accept a draft for which the presentation for acceptance has been made within three days after receiving
the draft for which presentation for acceptance is made.

After receiving the draft for which presentation for acceptance is made, the payer shall sign an acknowledgment for receiving the
draft. The acknowledgment shall specify the date of the presentation for acceptance and shall be signed.

Article 42

In accepting a draft, the payer shall write “Accepted” across the face of the draft and the date of acceptance and fix the seal. For
a draft payable on a fixed date after sight, the date of payment shall be recorded in acceptance.

If no date of acceptance is recorded on a draft, the last day of the time limit prescribed in the first paragraph of the preceding
article shall be taken as the date of acceptance.

Article 43

There shall be no conditions attached in accepting a draft. If there are conditions attached in acceptance, it shall be regarded as
refusal of acceptance.

Article 44

After accepting a draft, the payer shall be liable to pay when the draft is due.

Section 4 Guarantee

Article 45

A guarantor shall undertake the liabilities of guaranty for the debt involved in the draft. A guarantor shall be some person other
than the debtor of the draft.

Article 46

A guarantor shall record the following items on the draft or allonge:

1.

The word “Guarantee”;

2.

Name and residence of the guarantor;

3.

Name of the guaranteed party;

4.

Signature or seal of the guarantor.

Article 47

If a guarantor has failed to record item 3 of the preceding article on the draft or allonge, the acceptor shall be the guaranteed
party of the accepted draft; and the drawer shall be the guaranteed party for the draft not accepted.

If the guarantor has failed to record item 4 of the preceding article, the date of draft shall be the date of guaranty.

Article 48

A guarantor shall guarantee that there are no conditions attached. If conditions have been attached, they shall not affect the liability
of guaranty for the draft.

Article 49

A guarantor shall undertake the liability of guaranty for the right to the draft enjoyed by the holder who has acquired the draft
according to law, except cases when the debt guaranteed has become invalid due to inadequate recording in the draft.

Article 50

A guarantor shall undertake several liability together with the guaranteed for the draft under guarantee. If the draft is not paid
when due, the holder has the right to demand the guarantor for payment and the guarantor shall pay the full amount.

Article 51

If there are two or more guarantors, the guarantors shall undertake a joint and several liability.

Article 52

After the draft debt is cleared, the guarantor may exercise the right of recourse of the holder against the guaranteed and the prior
holder.

Section 5 Payment

Article 53

A holder of a draft shall make presentation for payment according to the following time limits:

1.

Presentation for payment shall be made to the payer within one month starting from the date of draft for a draft payable at sight;

2.

Presentation for payment shall be made to the acceptor within 10 days starting from the due date for a draft payable on a fixed date
or on a fixed date after the date of draft or on a fixed date after sight.

When the holder has failed to make presentation for payment within the time limited prescribed in the preceding paragraph and some
explanations are made, the acceptor or payer shall continue to undertake the liability of payment to the holder.

If the presentation for payment is made through banks entrusted with collection or through negotiable instruments exchange system,
it shall be regarded as presentation for payment made by the holder.

Article 54

If a holder presents for payment according to the provisions of the preceding article, the payer shall pay in the full amount of the
draft on the same day.

Article 55

If a holder has got the payment, the holder shall sign the draft and hand the draft to the payer. If a holder has entrusted a bank
for the collection, the bank entrusted shall enter into the account of the holder the amount of the draft collected and that shall
be regarded as signed and accepted.

Article 56

The liabilities of a bank entrusted with collection by the holder are confined to transferring of the amount of the draft into the
account of the holder according to the recordings on the draft.

Article 57

In making out payments, the payer or its entrusted payer shall examine the consistency of the endorsement and check the legal identification
or valid documents of the person who makes presentation for payment.

If a payer or its entrusted payer makes the payment out of malicious motives or out of major blunder, the payer or its entrusted payer
shall bear the liabilities on their own.

Article 58

If a payer makes the payment before the due date for draft payable on a fixed date or on a fixed date after the date of draft or on
a fixed date after sight, the payer shall bear the responsibilities arising there from on his own.

Article 59

If the draft amount is specified in foreign currency, the payment shall be made in Renminbi according to the market exchange rate
quoted on the day of payment.

If the parties to a draft have agreements concerning the currencies for payment, the provisions of the agreement shall apply.

Article 60

After the payer has paid the draft amount in full, the liabilities of all debts shall be relieved.

Section 6 Right of Recourse

Article 61

Upon a refusal of payment to a draft, the holder may exercise the right of recourse against the endorser, drawer or other debtors
of the draft.

The holder may also exercise the right of recourse before the due day of a draft in one of the following cases:

1.

The acceptance of a draft is refused;

2.

The acceptor or payer has died or fled, or is living in hiding;

3.

The acceptor or payer has been declared bankrupt according to law or whose business operations have been suspended due to violations
of the law.

Article 62

In exercising the right of recourse, the holder shall provide the certificates relating to the refusal of acceptance or dishonor.

In refusing the presentation for acceptance or for payment by the holder, the acceptor or payer shall produce certificates of dishonor
or the statement on the ground for protest. If the acceptor or payer has failed to produce the certificate of dishonor or the statement
on the ground for protest, the acceptor or payer shall bear all the civil responsibilities arising therefrom.

Article 63

If no certificate of dishonor can be obtained due to the death, flee or hiding of the acceptor or payer or other reasons, other related
certificates may be obtained according to law.

Article 64

If an acceptor or a payer has been declared bankrupt by the people’s court according to law, the related judicial documents of the
people’s court have the effect of certifying the dishonor.

If an acceptor or a payer whose business operations have been suspended due to law violations, the related decisions on punishment
by related administrative department in charge have the effect of certifying the dishonor.

Article 65

If a holder is unable to present certificates of dishonor, the statement on the ground for protest or provide other legal certificates
within the prescribed time limit, the holder shall lose the right of recourse against the prior holder. But the acceptor or payer
shall continue to undertake the liabilities to the holder.

Article 66

A holder shall, within three days starting from the date of receiving the certificates relating to refusal of acceptance or dishonor,
notify in writing the prior holder of the dishonor. The prior holder shall, within three days of receiving the notice, notify in
writing the still preceding prior holder of the dishonor. The holder may also issue written notices to all the debtors of the draft
all the same time.

The holder may continue to exercise the right of recourse even if notification is not made within the time limit prescribed in the
preceding paragraph. If the holder has delayed the notification to the prior holder or drawer and caused losses thereby, the parties
that have failed to make the notification within the prescribed time limit shall be liable to compensate for the losses, with the
amount of compensation being the draft amount.

If the notice has been sent out according to the legal address or the addresses agreed upon within the prescribed time limit, the
notification is regarded as having been issued.

Article 67

The written notice served according to the provisions of the first paragraph of the preceding article shall contain the main recordings
of the draft and clearly indicates that the draft has been dishonored.

Article 68

The drawer, endorser, acceptor and guarantor shall bear a joint and several liability with regard to the holder.

A holder may exercise the right of recourse against one person or several persons or all the draft debtors in disregard of the sequential
order of the debtors.

After a holder has exercised the right of recourse against one person or several persons involving in the draft, the holder may also
exercise the right of recourse over others involved in the draft. The person against whom the right of recourse has been exercised
will enjoy the same right as the holder after the debt has been cleared.

Article 69

In the case in which the holder is the drawer, the holder has no right of recourse to the prior holder. In the case in which the holder
is the endorser, the holder has no right of recourse against the subsequent holders.

Article 70

In exercising the right of recourse, the holder may request the person subject to recourse to pay the following money and expenses:

1.

The amount of the draft dishonored;

2.

The interests calculated according to the rate fixed by the People’s Bank of China on the draft amount from the due date or the date
of presentation for payment to the date of liquidation.

3.

The expenses incurred in obtaining the related certificates of dishonor and the issuing of notification.

When the person subject to recourse is clearing his debt, the holder shall deliver the draft and related certificates of dishonor
and produce the receipts for the interests and expenses received.

Article 71

After debt clearance according to the provisions of the preceding article, the person against whom the right of recourse has been
exercised may exercise the right of re-recourse against other draft debtors and request other debtors to pay the following amount
and expenses:

1.

The complete amount cleared;

2.

The interests on the amount cleared, calculated according to the rate fixed by the People’s Bank of China from the date of liquidation
to the date of liquidation for re-recourse.

3.

Expenses on issuing notifications.

When the person who exercises the right of re-recourse is getting paid, that person shall deliver the draft and related certificates
of dishonor and produce the receipts for the interests and expenses received.

Article 72

The liabilities of the person against whom the right of recourse shall be relieved after the debt has been liquidated according to
the provisions of the preceding two articles.

Chapter III Promissory Notes

Article 73

A promissory note is an instrument written and issued by a drawer, promising to pay unconditionally a fixed amount of money to a payee
or holder at the sight of the instrument.

The term “promissory note” used in this law refers to the bank note.

Article 74

The drawer of a promissory note shall have a reliable source of funds for paying the amount of the promissory note and ensure payment.

Article 75

A promissory note shall record the following items:

1.

The characters indicating “Promissory Note”,

2.

Unconditional promise to pay;

3.

Amount of money fixed;

4.

Name of the payee;

5.

Date of issue;

6.

Signature of the drawer.

A promissory note is invalid if one of the above items is missing.

Article 76

The place of payment, the place of issue and other items recorded on the promissory note shall be clear and definite.

If the instrument does not bear the place of payment, the business site of the issuer shall be taken as the place of payment.

If the instrument does not bear the place of issue, the business site of the issuer shall be taken as the place of issue.

Article 77

When the holder of a promissory note presents the instrument, the drawer shall be liable to pay.

Article 78

The maximum time limit of payment shall not exceed two months starting from the date of draft.

Article 79

If a holder has failed to present the instrument according to the prescribed time limit, the holder shall lose the right of recourse
against the prior holders other than the drawer.

Article 80

The provisions on related draft in Chapter Two of this law shall apply with regard to the acts of endorsement, guaranty and payment
and the exercise of the right of recourse, except otherwise provided for in this chapter.

The provisions on related draft in Article 24 of this law shall apply with regard to the act of draft, except otherwise provided
for in this chapter.

Chapter IV Checks

Article 81

A check is an instrument issued by a drawer, at the sight of which the check deposit bank or other financial institutions unconditionally
pay the fixed amount to the payee or holder.

Article 82

In opening a check deposit account, an applicant shall use the true name and present the legal document that certifies his/her identification.

In opening a check deposit account and using checks, there must be a reliable creditability and a certain amount of money deposited
in the bank.

In opening a check deposit account, an applicant shall leave samples of the signature or seal in the true name of the applicant.

Article 83

A check can be cashed or transferred into other accounts. For account transfer, a clear indication shall be made across the fac

REGULATION OF NATIONAL ECONOMIC CENSUS

the State Council

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

No. 415

The Regulation of National Economic Census is hereby promulgated, and shall come into force as of the date of promulgation.

Premier of the State Council, Wen Jiabao

September 5, 2004

Regulation of National Economic Census

Chapter I General Provisions

Article 1

The present Regulation is formulated in accordance with the Statistics Law of the People’s Republic of China for the purpose of organizing
the implementation of national economic census scientifically and effectively and ensuring the accuracy and timeliness of economic
census data.

Article 2

The purpose of economic censuses is to control the overall conditions of the development scale, structure and benefit of the secondary
industry and the tertiary industry of our country, to establish and improve the directory and database system of the basic entities,
and to lay the foundation for researching and making national economic and social development plans, and for improving the level
of decision-making and management.

Article 3

The work of economic census shall be organized and carried out in light of the principle of unified national leadership, the division
of work and cooperation by each department, taking charge by local regions level by level, and joint participation by all the parties
concerned.

Article 4

The state organs, public organizations, enterprises and institutions, other organizations and individual businesses shall actively
take part in and closely cooperate with the economic census work in accordance with the Statistics Law of the People’s Republic of
China and the provisions of this Regulation.

Article 5

The publicity departments at all levels shall make full use of such media as newspapers and periodicals, radio broadcasts, television,
internet and outdoor advertisements, etc. to do a good job in social publicity and mobilization for economic census.

Article 6

The expenses needed for economic census shall be jointly taken on by the Central Government and the local people’s governments at
all levels, be listed into the financial budget of the corresponding year, and shall be allocated on time to ensure that they are
properly used.

The expenses for economic census shall be managed uniformly, used as special funds for special purpose, and the payout shall be strictly
controlled.

Article 7

The economic census shall be carried out once every five years, the standard time point shall be December 31st of the year of census.

Chapter II Objects, Scope and Method of Economic Census

Article 8

The objects of economic census shall be all the legal person entities, entities of industry activities and individual businesses that
undertake activities of the secondary and tertiary industry within the territory of the People’s Republic of China.

Article 9

The objects of economic census shall have the obligation to accept the investigation made by the economic census institutions and
economic census personnel according to law.

The objects of economic census shall fill in the economic census form according to the facts on time, no one may falsely report, hide
the truth in making reports, refuse to report or delay the report of economic census data.

The objects of economic census shall provide the materials relating to economic census in time according to the requirements of economic
census institutions and economic census personnel.

Article 10

The scope of industry of economic census shall include:

1.

Mining industry;

2.

Manufacturing industry;

3.

Electric power, gas and water production and supply industry;

4.

Construction industry;

5.

Communications and transportation, storage and postal industries;

6.

Information transmission, computer service and software industries;

7.

Wholesale and retail industries;

8.

Accommodation and catering industries;

9.

Finance industry;

10.

Real estate industry;

11.

Tenancy and business service industries;

12.

Scientific research, technological service and geological prospecting industry;

13.

Water conservancy, environment and public facilities management industries;

14.

Residents service and other service industries;

15.

Education;

16.

Sanitation, social security and social welfare industries;

17.

Culture, physical culture and entertainment industries; and

18.

Public management and social organizations etc..

Article 11

The method of overall investigation shall be adopted for economic census, but in the case of the production and management of individual
business, the spot check method may be adopted.

Chapter III Form Format, Main Contents and Standards of Economic Census

Article 12

In conducting economic censuses, questionnaires of legal person entities, entities of industry activities and individual businesses
shall be designed on the basis of different types of objects.

Article 13

The main contents of economic census shall include: the basic attribute of an entity, employees thereof, financial status, production
and management conditions, throughput, consumption of raw materials and energy, and scientific and technological activities, etc..

Article 14

The statistical classification standards and catalogues prescribed by the state shall be adopted for an economic census.

Chapter IV The Organization and Implementation of Economic Census

Article 15

The State Council establishes a leading group and the office thereof for economic census. The leading group for economic census shall
be responsible for the organization and implementation of economic census. The office of the leading group is established in the
State Administration of Statistics, and is responsible for the routine organization and coordination of economic censuses.

The relevant departments of the State Council shall perform their own duties, closely cooperate with each other, and do the relevant
work well.

Article 16

The local people’s governments at all levels shall establish a leading group and a corresponding office for economic census, and organize
the implementation of local economic census work in light of the unified provisions and requirements of the leading group and its
office of economic census of the State Council.

The sub-district office and residents’ (villagers’) committee shall widely mobilize and organize the social power to actively participate
in and earnestly do well the economic census work.

Article 17

The relevant departments of the State Council and the local people’s governments at all levels shall establish economic census institutions,
which are responsible for completing the economic census tasks appointed by the offices of the leading groups for economic census
of the State Council and the local people’s government of the corresponding level.

Article 18

Large enterprises shall establish economic census institutions, which are responsible for completing and reporting the economic census
form of their own enterprises. Other various legal person entities shall designate relevant personnel to be responsible for completing
and reporting the economic census form of their own entities.

Article 19

The local economic census institutions at all levels shall hire or transfer census directors and census enumerators from relevant
entities after negotiation on the basis of the need of the work. All the relevant entities shall actively recommend qualified personnel
to act as census directors and census enumerators.

The census directors and census enumerators shall be in good health, have a strong sense of responsibility and have corresponding
professional knowledge.

Article 20

The personnel hired shall be paid labor remunerations by the local economic census institutions. The wages of the personnel transferred
after negotiation shall be paid by the original entities, and their welfare and treatment shall remain unchanged.

Article 21

The local economic census institutions at all levels shall offer uniform professional training to census directors and census enumerators,
and for those who have passed the examination, a certificate of census directors and census enumerators shall be issued. The census
directors and census enumerators shall initiatively offer to show their certificates during performing economic census tasks.

The census enumerators shall be responsible for organizing and directing objects of economic census to fill in economic census forms,
and the census directors shall be responsible for directing and inspecting the work of census enumerators.

Article 22

The census directors and census enumerators are enpost_titled to consult the relevant original documents of finance and accounting, statistics
and business accounting and the relevant business management certificates in relation to the economic census of any legal person
entity, entity of production activities and individual business, and are enpost_titled to demand the objects of economic census to correct
the inaccurate contents in their economic census forms.

Article 23

The economic census institutions at all levels shall check the entities during the period of preparation for economic census and accurately
define the kinds of economic census forms.

The departments of staffing, civil affairs, taxation, industry and commerce, quality inspection at all levels and other departments
that have functions of examining, approving and registering the establishment of an entity shall be responsible for providing the
materials of the entities subject to their examination, approval and registration to the economic census institutions at the corresponding
level, and do the work well for entity check together.

The economic census institutions at the county level shall make verification and check one by one in light of the economic census
districts, on the basis of the directory database of the existing basic entities of relevant district, in combination with the entity
materials provided by the relevant departments, so as to form into a directory of economic census entities.

Article 24

The economic census institutions at the county level shall do well the work for the distribution, collection, checking, recording
and reporting of economic census forms according to the entity directory formed through checking.

Legal entities shall fill in the questionnaire of legal person entities and shall be responsible for organizing their subordinate
entities of industry activities to fill in the questionnaire of entities of industry activities.

Article 25

The economic census institutions at all levels and the economic census personnel shall exercise their authority of investigation,
report and supervision independently according to law, with which no entity or individual may interfere.

No leader of each region, department or entity may alter, without permission, the economic census materials provided by any economic
census institution or economic census personnel according to law, nor shall they order by force or authorize any economic census
institution or economic census personnel to juggle the economic census materials or fabricates false data.

Chapter V Data Processing and Quality Control

Article 26

The work for data processing of economic census shall be implemented by the economic census institutions at or above the county level.

The office of the leading group of economic census of the State Council shall be responsible for providing the data processing standards
and procedures used for all the local regions.

The local economic census institutions at all levels shall carry out the data processing in accordance with the unified requirements
and standards provided for by the office of the leading group of economic census of the State Council, and report the economic census
data level by level.

Article 27

After the end of economic census data processing, the economic census institutions at all levels shall do a good job in making backup
copies of data and putting them into the database, establish and improve the directory of basic entities and the database system,
as well as strengthen routine management and maintenance and update.

Article 28

The local economic census institutions at all levels shall establish post responsibility system for quality control of economic census
data in accordance with the unified provisions of the office of the leading group of economic census of the State Council, and make
quality control and check and acceptance on each link in the implementation of economic census.

Article 29

The office of the leading group of economic census of the State Council shall uniformly organize the work for quality spot check of
economic census data, the result of the spot check shall be regarded as the main basis for evaluating the quality of the economic
census data of the whole nation and all the local regions.

The economic census institutions at all levels shall make a careful analysis and comprehensive appraisal on the collective data of
economic census.

Chapter VI Data Publicity, Material Management and Development and Application

Article 30

The economic census institutions at all levels shall publicize economic census gazettes in accordance with the state provisions.

The local economic census institutions at all levels shall be subject to the approval by the upper level economic census institutions
when publicizing economic census gazettes.

Article 31

The economic census institutions at all levels shall handle well the work related to keeping and managing economic census data and
providing service to the general public, and make development and application on economic census materials.

Article 32

The economic census institutions at all levels and their staff members shall abide by the relevant provisions of the Statistics Law
of the People’s Republic of China and the Detailed Rules for the Implementation of the Statistics Law of the People’s Republic of
China, and perform the duty of keeping secret of the state secrets and commercial secrets of the objects of economic census they
know in economic census.

Article 33

The materials relating to the entities and individuals obtained through economic census shall be restricted strictly for economic
census purpose, and shall not be used for the basis for any entity to implement punishment on objects of economic census.

Chapter VII Commendation and Punishment

Article 34

The advanced entities and advanced individuals who have made outstanding contributions to the economic census work shall be given
honor and awards by the economic census institutions at all levels.

Article 35

In case any leader of any local region, department or entity revises economic census materials without permission, fabricates false
data or orders by force or authorizes any economic census institution or economic census personnel to juggle economic census materials
or fabricate false data, he shall be subject to administrative punishment or disciplinary punishment according to law, and the statistical
institutions of the people’s government at or above the county level shall circulate a notice of criticism.

In case any economic census personnel participates in juggling economic census materials, or fabricating false data, the statistical
institutions of the people’s government at or above the county level shall circulate a notice of criticism and give administrative
punishment according to law or suggest the relevant department or entity give administrative punishment or disciplinary punishment
according to law.

Article 36

In case any economic census object has any of the following illegal acts, the statistical institutions of the people’s government
at or above the county level shall order it to correct and circulate a notice of criticism; if the circumstances are serious, the
relevant departments or entities shall be suggested to give administrative punishment or disciplinary sanction on the competent person
directly liable and other personnel directly liable according to law:

1.

Refusing or impeding the investigation conducted by any economic census institution or economic census personnel according to law;

2.

Providing false or incomplete economic census materials; or

3.

Failing to provide materials relating to economic census, and still failing to do so after being urged to make report.

In case any enterprise or institutional organization has any one of the illegal acts as enumerated in the preceding paragraph, the
statistical institutions of the people’s government at or above the county level shall give it a warnings and impose upon it a fine
of less than RMB 50 thousands Yuan; in case any individual business has any one of the illegal acts as enumerated in the preceding
paragraph, the statistical institutions of the people’s government at or above the county level shall give it a warnings and impose
upon it a fine of less than RMB 10 thousands Yuan.

Article 37

The economic census institutions at all levels shall set up informants’ hot-line telephone to accept the complaint and supervision
of the whole society on the illegal acts of any entity or individual in the economic census and give award to the person who makes
contributions to such report.

Chapter VIII Supplementary Provisions

Article 38

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

 
the State Council
2004-09-05

 




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...