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e02773
the State Development and Reform Commission, the Ministry of Commerce
Order of the State Development and Reform Commission, the Ministry of Commerce of the People’s Republic of China
No.24
The Catalogue for the Guidance of Foreign Investment Industries and its Attachment have been amended and are promulgated now for the
purpose of meeting the need of economy and social development and adjustment of industrial structure, and shall come into force on
January 1st, 2005. The Catalogue for the Guidance of Foreign Investment Industries which was promulgated by the former State Development
Planning Commission, the former State Economy and Trade Commission and the former Ministry of Foreign Trade and Economic Cooperation
on March 11, 2002 shall be annulled at the same time.
Ma Kai, Director of the State Development and Reform Commission
Bo Xilai, Minister of the Ministry of Commerce
November 30, 2004
Catalogue for the Guidance of Foreign Investment Industries (Amended in 2004) Catalogue of Encouraged Foreign Investment Industries
I.
Farming, Forestry, Animal Husbandry and Fishery Industries
1.
Improvement of low and medium yielding field
2.
Planting technology, without social effects of pollution, of vegetables (including edible fungus and melon-watermelon), fruits, teas
and serial development and production of these products
3.
Development and production of new breed varieties (excluding those gene-modified varieties) of fine quality, high-yielding crops such
as sugar-yielding crops, fruit trees, flowers and plants, forage grass and related new techniques
4.
Production of flowers and plants, and construction and operation of nursery base
5.
Reusing in fields and comprehensive utilization of straws and stalks of crop, development and production of resources of organic fertilizers
6.
Cultivation of traditional Chinese medicines (equity joint ventures or contractual joint ventures only)
7.
Planting of forest trees (including bamboo) and cultivation of fine strains of forest trees
8.
Planting of caoutchoucs, sisals and coffees
9.
Breeding of quality varieties of breeder animals, breeder birds and aquatic offspring (excluding precious quality varieties peculiar
to China)
10.
Breeding of famous, special and fine aquatic products, as well as cage culture in deep water
11.
Construction and operation of ecological environment protection projects preventing and treating desertification and soil erosion
such as planting trees and grasses, etc.
II.
Mining and Quarrying Industries
*1.
Venture prospecting and exploitation of petroleum, natural gas
*2.
Exploitation of oil and gas deposits (fields) with low osmosis
*3.
Development and application of new technologies that can increase the recovery factor of crude oil
*4.
Development and application of new technologies for prospecting and exploitation of petroleum, such as geophysical prospecting, well
drilling, well-logging and downhole operation, etc.
5.
Prospecting and exploitation of coal and associated resources
6.
Prospecting and exploitation of coal-bed gas
7.
Exploration and beneficiation of gold mines with low quality or difficult to beneficiate (equity joint ventures or contractual joint
ventures only)
8.
Prospecting, exploitation, and beneficiation of iron ores and manganese ores
9.
Prospecting and exploitation of copper ores, plumbum ores and zinc ores (equity joint ventures or contractual joint ventures only,
wholly foreign-owned enterprises are permitted in west regions)
10.
Prospecting and mining of aluminum ores (equity joint ventures or contractual joint ventures only, wholly foreign-owned enterprises
are permitted in west regions)
11.
Mining and beneficiation of chemical mines including sulfur ores, phosphate ores, kalium ores, etc.
III.
Manufacturing Industries
1.
Food Processing Industry
(1)
Storage and processing of food, vegetables, fruits, fowl and livestock products
(2)
Aquatic products processing, seashell products cleansing and processing, and development of function food made from seaweed
(3)
Development and production of drinks of fruits, vegetables, albumen, teas and coffees
(4)
Development and production of fond for babies and agedness, as well as function food
(5)
Production of dairy products
(6)
Development and production of biology feeds and albumen feeds
2.
Tobacco Processing Industry
(1)
Production of secondary cellulose acetate and processing of tows
(2)
Production of tobacco slices in the way of paper making
3.
Textile Industry
(1)
Production of special textiles for engineering use
(2)
Weaving and dyeing as well as post dressing of high-grade loomage face fabric
4.
Leather, Coat Products Industry
(1)
Processing of wet blue skin of pig, cow and sheep with new technology
(2)
Post ornament and processing of bather with new technology
5.
Lumber Processing Industry and Bamboo, Bine, Palm, Grass Products Industry
(1)
Development and production of new technology and products for the comprehensive utilization of “sub-quality, small wood and fuel wood”
and bamboo in the forest area
6.
Paper Making and Paper Products Industry
(1)
Project based on the mode of integration of forest and paper with an annual production capacity of over 300 thousand tons of chemical
wood pulp or an annual production capacity of over 100 thousand tons of chemical mechanical wood pulp (equity joint ventures or contractual
joint ventures only)
(2)
Production of high-quality paper and cardboard (equity joint ventures or contractual joint ventures only)
7.
Petroleum Refining and Coking Industry
(1)
Deep processing of needle coke and coal tar
(2)
Production of heavy traffic road asphalt
8.
Chemical Raw Material and Products Manufacturing Industry
(1)
Production of alkene through catalyzing and cracking of heavy oil
(2)
Production of ethylene with an annual production capacity of 600 thousand tons or over (the Chinese partners shall hold relative majority
of shares)
(3)
Comprehensive utilization of ethylene side-products such as C5-C9
(4)
Mass production of corvic (in the way of ethylene)
(5)
Production of organochlorine serial chemical industrial products (excluding high-residual organochlorine products)
(6)
Production of basic organic chemical industrial raw materials such as the of benzene, methylbenzenc, dimethylobenzene, etc. and its
derivatives
(7)
Production of supporting raw materials for synthesized materials (bisphenol-A, (4)’ diphenylmethane, diiso-cyan ester, and vulcabond
toluene)
(8)
Production of synthetic fibre raw materials: precision terephthalic acid, vinyl cyanide, caprolactam and nylon 66 salt
(9)
Production of synthetic rubber (liquid butadiene styrene rubber by butadiene method, butyl rubber, isoamyl rubber, butadiene neoprene
rubber, butadiene rubber, acrylic rubber, chlorophydrin rubber)
(10)
Production of engineering plastics and plastic alloys
(11)
Fine chemistry industry: new products and technology for catalytic agent, auxiliary and pigment; processing technology for the commercialization
of dye (pigment); production of high-tech chemicals for electronics and paper-making, food additives, feed additives, leather chemical
products, oil-well auxiliaries, surface active agent, water treatment agent, adhesivcs, inorganic fibre, inorganic powder stuffing
and equipment
(12)
Production of auxiliary agent, preparation agent, and dye-stuff for textile and chemical fibre ladder
(13)
Production of depurant of automobile tail gas, catalyzer and other assistant agents
(14)
Production of nature spices, synthetic spices and single ion spices
(15)
Production of high capability dope
(16)
Production of chloridized titanium white
(17)
Production of chlorofluorocarbon substitution
(18)
Production of mass coal chemical industrial products
(19)
Development and production of new technology and products for the forestry chemicals
(20)
Production of ion film for caustic soda
(21)
Production of biologic fertilizers, high-density fertilizers (potash fertilizer, phosphate fertilizer) and compound fertilizers
(22)
Development and production of new varieties of effective, low poison and low residual agriculture chemicals and pesticides
(23)
Development and production of biology agriculture chemicals and pesticides
(24)
Development and production of inorganic, organic and biologic films for environment protection
(25)
Comprehensive utilization and disposure of exhaust gas, discharge liquid, waste residue
9.
Medicine Industry
(1)
Production of material medicines under patent and administrative protection in our country or chemical material medicines which we
have to import
(2)
Vitamins: production of niacin
(3)
Amino acid: production of serine, tryptophan, histidine, etc.
(4)
Production of analgesic-antipyretic medicines with new technique and new equipment
(5)
Production of new variety of anticarcinogen medicines, as well as cardiovascular and cerebrovascular medicines
(6)
Production of new, effective and economical contraceptive medicines and devices
(7)
Production of new variety of medicines which are produced by means of biological engineering technology
(8)
Production of vaccine through genie engineering technology (vaccine against AIDS, vaccine against type-C hepatitis, contraceptive
vaccine, etc.)
(9)
Development and production of medicines made from allopelagics
(10)
Production of diagnostic reagent for AIDS and radioimmunity diseases
(11)
Medicines and pharmaceutics: production of new products and new dosage forms adopting new techniques such as slow release, control
release, target preparation and absorbed through skins
(12)
Development and applications of new variety of adjuvant medicines
(13)
Processing and production of traditional Chinese herb medicines, products which distill from traditional Chinese herb medicines and
Chinese patent medicines (excluding preparing technique of traditional Chinese medicines in small pieces ready for decoction)
(14)
Production of biological medical materials and products
(15)
Production of antibiotic material medicines used for animals (including antibiotics and chemical synthesis medicines)
(16)
Development and production of new products and new dosage forms of antibiotic medical, anthelmintic, insecticide, anti-coccidiosis
medicines used for animals
10.
Chemical Fibre Manufacturing Industry
(1)
Production of differential chemical fibre and high, new technological fibre such as aromatic synthetic fibre, functional environment-amicable
ammo synthetic fibre with an annual production capacity of over 5000 tons, carbon fibre, high tensible and high modulus polythene
(2)
Production of chemical fibre of environmental protection variety such as direct viscose and asepsis spinning, etc.
(3)
Production of polyester used for non-fibre with a daily production capacity of over 500 tons, and production of new type polyester
used for fibre and non-fibre (poly terephthalic acid propylene glycol ester, poly sebacic acid glycol ester, polybutylene terephthalate(PBT),
etc.)
11.
Plastic Products Industry
(1)
Production of polyamide film which can keep fresh
(2)
Development and production of new products and new technologies for agricultural films (photolysis film, multifunctional film and
the raw materials, etc.)
(3)
Reutilization and counteraction of waste and old plastic
12.
Non-metal Mineral Products Processing Industry
(1)
Production of fine-quality floating glass with a daily melting capacity of 500 tons or over (only in mid-west region of China)
(2)
Production of new type dry process cement of clinker with a daily output capacity of 2,000 tons or over (only in midwest region of
China)
(3)
Production of glass fibre (product line with technology of wire drawing in tank furnace) and glass fibre reinforced plastic products
with an annual capacity of 10,000 tons or more
(4)
Production of high level sanitation porcelain with an annual production of 500,000 pieces or over
(5)
Standardization refine of ceramic material and production of high-level decorative materials used for ceramics
(6)
Production of high-level refractory material used in furnaces for glass, ceramics and glass fibre
(7)
Production of inorganic, non-metal materials and products (artificial crystal, high-capability complex materials, special kind of
glass, special kind of ceramics, special kind of airproof materials and special kinds of cementation materials)
(8)
Production of new type of building materials (lightweight high-intensity and multi-function materials for wall, high-level environment
protecting decorating and finishing materials, high quality water-proof and airproof materials, and effective thermal insulation
materials)
(9)
Deep processing of non-metal mineral products (super-thin comminution, high level pure, fine production, modification)
13.
Ferrous Metallurgical Smelting and Rolling Processing Industry
(1)
Production of direct and fusion reduced iron
14.
Non-Ferrous Metallurgical Smelting and Rolling Processing Industry
(1)
Smelting of gold mines with low quality or difficult to beneficiate (equity joint ventures or contractual joint ventures only, wholly
foreign-owned enterprises are permitted in west regions)
(2)
Production of hard alloy, tin compound and antimony compound
(3)
Production of non-ferrous composite materials, new type of alloy materials
(4)
Utilization of rare-earth
15.
Metal Products Industry
(1)
Design and manufacturing of non-metal products molds
(2)
Design and manufacturing of car and motorcycle molds (including plunger die, injection mold, moldingdie, etc.) and chucking appliances
(chucking appliances for welding, inspection jig, etc.)
(3)
Development and production of high-grade hardware for construction, hot-water heating equipment and hardware parts
16.
General Machine-building Industry
(1)
Manufacturing of numerically controlled machine tools, digital control system and servomechanism installations which exceed triaxiality
linkage
(2)
Manufacturing of high performance welding robot and effective welding and assembling production equipment
(3)
Production of high temperature resistant and insulation material (with F, H insulation class), as well as insulation shaped parts
(4)
Production with techniques of proportional, servo-hydraulic pressure, low-power pneumatic control valve and stuffing static seal
(5)
Production of precision plunger dies, precision cavity molds and standard components of molds
(6)
Manufacturing of precision hearings and all kinds of bearings used specially for principal machines
(7)
Manufacturing of casting and forging workblanks for cars and motorcycles
17.
Special Equipment Manufacturing
(1)
Development and manufacturing of new technology and equipment for the storage, preservation, classifying, packing, drying, transporting
and processing of food, cotton, oil, vegetables, fruits, flowers, pastura plants, meat and aqua-products
(2)
Manufacturing of facility agriculture equipment
(3)
Manufacturing of new technical agriculture and forestry equipment
(4)
Design and manufacturing of engines for tractors, combine harvesters, etc.
(5)
Manufacturing of equipment for reusing in fields and comprehensive utilization of straws and stalks of crop
(6)
Manufacturing of equipment for comprehensive utilization of waste agriculture products and waste fowl and livestock products which
are bred in scale
(7)
Manufacturing of water-saving irrigation equipment with new technique
(8)
Manufacturing of earthwork for wet land and desilting machines
(9)
Technology of hydrophily ecological system for protecting environment and equipment manufacturing
(10)
Manufacturing of equipment for scheduling system which is used in long-distance transmitting water engineering
(11)
Manufacturing of special machines and equipment for flood prevention and emergency rescue
(12)
Manufacturing of key equipment in food industry such as high-speed asepsis canning equipment and brander equipment, etc.
(13)
Production technology and key equipment manufacturing of aminophenol, zymin, food additive
(14)
Manufacturing of complete set equipment with a hourly feed processing capacity of 10 tons or more and key spare parts
(15)
Manufacturing of multi-color offset press for web and folio of paper or larger size
(16)
Manufacturing of equipment with new technique for post ornament and processing of leather
(17)
Manufacturing of high-tech involved special industrial sewing machines
(18)
Manufacturing of complete set of equipment of new type of knitting machines, new type of paper (including pulp) making machines
(19)
Design and manufacturing of new type of mechanical equipment for highways and ports
(20)
Manufacturing of equipment for highways and bridges maintenance, automatic detection
(21)
Manufacturing of equipment for operation supervisory control, ventilation, disaster prevention and rescue system of highway and tunnels
(22)
Design and manufacturing of large equipment for railway construction and maintenance
(23)
Manufacturing of equipment for garden machines and tools with new technique
(24)
Manufacturing of special equipment for cities’ sanitation and environment work
(25)
Manufacturing of machines for road milling and overhauling
(26)
Manufacturing of tunneling diggers, equipment of covered digging for city metro
(27)
Manufacturing of city sewage-disposal equipment with capacity of 80,000 tons/day or more, industrial sewage film treatment equipment,
up-flow anaerobic tluidized bed equipment, and other biological sewage disposal equipment, recycling equipment for waste plastics,
desulphurization and denitration equipment for industrial boiler, large high-temperature resistant, acid resistant bag dust remover,
incinerating equipment for rubbish treatment
(28)
Manufacturing of turbine compressors and combined comminutors of the complete set equipment with an annual production capacity of
300,000 tons or over of synthetic ammonia, 480,000 tons or over of urea, 450,000 tons or over ethylene
(29)
Technique for desulfurization of thermal power station and equipment manufacturing
(30)
Manufacturing of sheet conticasters
(31)
Deep processing technique and equipment manufacturing of plate glass
(32)
Manufacturing of equipment for downhole trackless mining, loading and transporting, mechanical power-driven dump trucks for mining
of 100 tons or over, mobile crushers, 3,000 m3 /h or over bucket excavator, 5 m3 or larger mining loader, full-section tunneling
machines
(33)
Design and manufacturing of new instruments and equipment for prospecting and exploitation of petroleum
(34)
Manufacturing of cleaning equipment for electromechanical wells and production of medical
(35)
Manufacturing of electronic endoscopes
(36)
Manufacturing of medical X-ray machines set with high-frequency technique, direct digital imagery processing technique and low radiation
(80kW or over)
(37)
Manufacturing of equipment for high magnetic field intensity and superconduct (MRI)
(38)
Manufacturing of machines for collecting blood plasm only
(39)
Manufacturing of equipment for auto elisa immuno system (including the functions of application of sample, elisa photo meter, wash
plate, incubation, data, post treatment, etc.)
(40)
New techniques of quality control of medicine products and new equipment manufacturing
(41)
New analytical techniques and extraction technologies, and equipment development and manufacturing for the effective parts of traditional
Chinese medicines
(42)
Producing and manufacturing of new packing materials, new containers for medicine, and advanced medicine producing equipment
18.
Communication and Transportation Equipment Industries
*(1)
Manufacture of complete automobiles (including R&D activities)
(2)
Manufacture of engines for automobiles (including R&D activities)
(3)
Manufacture of key spare parts for automobiles: complete disc brakes, complete driving rods, automatic gearboxes, fuel pumps of diesel
engine, inhalant supercharger of engines, electromotion steering system, adhesive axial organ(used for four-wheel drive), gas filling
vibration abosorber,air spring, hydraulic tappet, cluster gauge
(4)
Production of automobile electronic devices(including engine control system, underchassis control system, autocar body electric control
system)
(5)
Manufacture of vehicles for special-purpose in petroleum industry: vehicles for deserts, etc.
(6)
Technology and equipment for railway transportation: design and production of locomotives and main parts, design and production of
equipment for railways and bridges, related technology and equipment production for rapid transit railway, production of equipment
for communicational signals and transportation safety monitoring, production of electric railway equipment and instrument
(7)
Equipment for urban rapid transit track transportation: design and manufacture of sc( of powered car and main parts for metro, city
light rail
(8)
Design and manufacture of civil planes (Chinese partner shall hold the majority of shares)
(9)
Production of spares parts for civil planes
(10)
Design and manufacture of civil helicopters {Chinese partner shall hold the majority of shares)
(11)
Design and manufacture of aeroplane engines (Chinese partner shall hold the majority of shares)
(12)
Design and manufacture of civil air-borne equipment (Chinese partner shall hold the majority of shares)
(13)
Manufacture of light gas-turbine engine
(14)
Design and manufacture of crankshafts of low-speed diesel engine for vessel
(15)
Repairing, design and manufacture of special vessels, high-performance vessels (the Chinese party shall hold the relative majority
of shares)
(16)
Design and manufacture of the equipment and accessories of high-speed diesel engines, auxiliary engines, radio communication and navigation
for vessels (the Chinese party should hold relative majority shares)
(17)
Manufacture of fishing boats and yachts made of glass fibre reinforced plastic
19.
Electric Machinery and Equipment Industries
(1)
Fire power equipment: manufacture of super-critical units of over 600,000 KW, large gas turbines, gas-steam combined cycle power equipments
of over 100,000 KW, coal gasification combined cycle technique and equipment (IGCC), pressure boost fluidized bed (PFBC), large scale
air cooling generating units of over 600,000 KW, large scale cycle fluidized bed (CFB) boiler(limited to equity joint ventures and
cooperative joint ventures)
(2)
Hydropower plant equipment: manufacture of large pump-storage power units of 150,000kW and over, large tubular turbine units of 150,000KW
or over (equity joint ventures or contractual joint ventures only)
(3)
Nuclear-power plant equipment: manufacture of power units of 600,000KW or over (equity joint ventures or contractual joint ventures
only)
(4)
Power transmitting and transforming equipment: manufacture of super high-voltage DC power transmitting and transforming equipment
of 500 KW or over (equity joint ventures or contractual joint ventures only)
20.
Electronic and Telecommunications Industries
(1)
Manufacture of digital television, digital video camera, digital record player, digital sound-playing equipment
(2)
Manufacture of new type plate displays, medium and high resolution color kinescope and glass shielding
(3)
Manufacture of devices, such as key optic engine, light source, projection screen, high resolution projection tube and LCOS module
used in large screen color projection display
(4)
Manufacture of digital audio and visual coding or decoding equipment, digital broadcasting TV studio equipment, digital cable TV system
equipment, digital audio broadcast transmission equipment
(5)
Design of integrated circuit and production of large scale integrated circuit with a line width of 0.35 micron or smaller
(6)
Manufacture of medium- and large-sized computers, portable microcomputers, high-grade server
(7)
Development and manufacture of drivers of high capacity compact disk and disk and related parts
(8)
Manufacture of 3-dimension CAD, CAT, CAM, CAE and other computer application system
(9)
Development and manufacture of software
(10)
Development and production of materials specific for semi-conductor and components
(11)
Manufacture of electronic equipment, testing equipment, tools and moulds
(12)
Manufacture of new type electronic components and parts (slice components, sensitive components, sensors, frequency monitoring and
selecting components, hybrid integrated circuit, electrical and electronic components, photoelectric components, new type components
for machinery and electronics)
(13)
Manufacture of hi-tech green batteries: non-mercury alkali-manganese batteries, powered nickel-hydrogen batteries, lithium-ion batteries,
high-capacity wholly sealed maintenance-proof lead-acid accumulators, fuel batteries, pillar-shaped zinc-air batteries
(14)
Development and manufacture of key components for high-density digital compact disk driver
(15)
Reproduction of read-only compact disk and manufacture of recordable compact disk
(16)
Design and manufacture of civil satellites {Chinese partner shall hold the majority of shares)
(17)
Manufacture of civil satellites effective payload (Chinese partner shall hold the majority of shares)
(18)
Manufacture of spare pans for civil satellites
(19)
Design and manufacture of civil carrier rockets (Chinese partner shall hold the majority of shares)
(20)
Manufacture of telecommunication system equipment for satellites
(21)
Manufac
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The General Administration of Customs
The Announcement of the General Administration of Customs on the Official Start of the Cargo Manifest for Entry-exit by Land of Inland
Customs and Hong Kong Customs
[2004] No. 42
December 15, 2004
In accordance with the No. 23 Announcement 2004 of the General Administration of Customs, the Cargo Manifest for Entry-exit by Land
of Inland Customs and Hong Kong Customs has been tried out uniformly in inland and Hong Kong SAR since January 1, 2004. The tryout
of the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs has a positive impact on improving the economic
development of the two sides, facilitating the economic and trade communication between them and enhancing the legal enforcement
assistant between the customs of both sides, from which an excellent result has been achieved. After one year’s tryout and transition,
the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs is now been amended and perfected based on the
advice solicited from the transportation industry and on-spot customs; related issues are hereby proclaimed as follows:
1.
As of January 1, 2005, the declaration of the land cargo vehicles between the two sides starts to use the amended Cargo Manifest
for Entry-exit by Land of Inland Customs and Hong Kong Customs. (See attachment 1)
2.
As of January 1, 2005, the declaration of empty land cargo vehicles between the two sides starts to use the Cargo Manifest for Entry-exit
by Land of Inland Customs and Hong Kong Customs special for empty vehicles and in one pattern, two sheets. (See attachment 2)
3.
In starting to use the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs, the declaration information
such as the number of Vehicle License Plates, chassis, container of the transportation vehicle may be obtained; the tractor, trailer
and container are exempted from bound transportation.
4.
In considering that some transportation enterprises still remain some pieces of Cargo Manifest for Entry-exit by Land of Inland Customs
and Hong Kong Customs of trial version in 2004, it is decided that the use of the Cargo Manifest for Entry-exit by Land of Inland
Customs and Hong Kong Customs of trial version in 2004 extends to March 31, 2005 in order to avoid economic loss of these enterprises;
at the expiration of this time, the use thereof is prohibited.
5.
As of January 1, 2005, for the cargo vehicles commuting between inland and Hong Kong (including empty vehicles), the declaration
using the Cargo Manifest for Entry of the Customs of PRC and the Cargo Manifest for Exit of the Customs of PRC for declaration shall
be stopped.
Attachment:
1.
Sample of the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs
2.
Sample of the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs special for empty vehicles (omitted)
3.
The standard and instruction in filling the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs
htm/e03802.htm Attachment 1
Attachment 1:
Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs
Inland Cargo manifest No.:
5 0 0 0 1 5 8 3 2 0 0 3 6
Hong Kong Cargo Manifest No.:
Vehicle License Plate No.: (Inland Vehicle License Plate No.:
Hong Kong Vehicle License Plate No.:
)
_Entry/exit* date:
Cargo Loading Place:
Cargo unload place:
This copy manifest has
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Name & Address of exporter or freight forwarder (Seal)
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Name & Address of consignee
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the General Administration of Press and Publication
Decree of the General Administration of Press and Publication of the People’s Republic of China
No. 27
The Measures for the Administration of Subscribers’ Order of Imported Publications, which were adopted at the 4th executive meeting
of the General Administration of Press and Publication on December 9th, 2004, are hereby promulgated and shall come into force since
February 1st, 2005.
General Director of the General Administration of Press and Publication Shi Zongyuan
December 31, 2004
Measures for the Administration of Subscribers’ Order of Imported Publications
Article 1
The present Measures are formulated in accordance with the Regulation on the Administration of Publication and other relevant laws
and regulations for the purpose of meeting the reading demand for imported publications of domestic entities and individuals, foreign
organizations, foreign-funded enterprises and foreigners in China, and people from Hong Kong, Macao and Taiwan regions and strengthening
the administration of imported publications.
Article 2
Any subscriber’s order of imported publications within the territory of China shall be applied to the present Measures.
The “imported publications” as mentioned in the present Measures refers to the books, newspapers (including back issues), periodicals
(including back issues) and electronic publications, etc. that are imported by the imported publication management entities and are
published abroad or in the Special Administrative Region of Hong Kong, the Special Administrative Region of Macao or the Taiwan Region
of China.
The “imported publication management entities” as mentioned in the present Measures refers to the entities, as established in accordance
with the Regulation on the Administration of Publication, that engage in the import business management of publications.
The “subscribers” as mentioned in the present Measures refers to any domestic entity or individual, any foreign organization, foreign-funded
enterprise in China, any foreigner who works, studies or lives in China for a long term and any person from Hong Kong, Macao or Taiwan.
The “order” as mentioned in the present Measures refers to that a subscriber, for the purpose of meeting the reading demand of the
entity where he works or of himself, place an order of the purchase for imported publications to the imported publication management
entity.
Article 3
The state adopts the system of classified administration on the distribution of imported publications. Imported newspapers and periodicals,
imported books and electronic publications, etc. whose distribution is limited shall be distributed on the distribution manner that
subscribers order them and they are supplied through classified distribution. The imported books and electronic publications whose
distribution is not limited shall be distributed by way of market sales.
The imported newspapers and periodicals fall into two categories: those of limited distribution and those of unlimited distribution.
The categories of imported newspapers, periodicals, books and electronic publications of limited distribution shall be decided by
the General Administration of Press and Publication.
Article 4
The order of imported publications by subscribers shall be managed by the imported publication management entities. In particular,
the business of imported newspapers and periodicals ordered by subscribers shall be carried out by the imported publication management
entities designated by the General Administration of Press and Publication. The business of imported books and electronic publications
of limited distribution shall be carried out by the imported publication management entities designated by the General Administration
of Press and Publication within the authorized business scope.
Unless upon the approval of the General Administration of Press and Publication, no entity or individual may engage in the business
activities of imported newspapers and periodicals ordered by subscribers or imported books and electronic publications of limited
distribution.
In case any imported publication management entity entrusts a non- imported publication- management entity to solicit subscriptions
for or distribute any imported publication, it shall report to the General Administration of Press and Publication for approval in
advance.
Article 5
In case any domestic entity subscriber places an order on any imported newspaper or periodical of unlimited distribution, it may directly
go to the import entity of newspapers or periodicals designated by the General Administration of Press and Publication to deal with
procedures of order with the order application form of the entity. A domestic individual subscriber shall deal with procedures of
order via the entity where he works.
Article 6
Domestic entity subscribers, who may order imported newspapers, periodicals, books and electronic publications whose distribution
is limited, shall be decided by the General Administration of Press and Publication.
Article 7
For domestic entity subscribers who order imported newspapers, periodicals, books and electronic publications of limited distribution,
the entity subscribers under the Central Government shall be subject to the examination and approval by the corresponding ministry
or commission to which they are subordinated; the local entity subscribers shall be subject to the examination and approval by the
Press and Publication Bureau of its province, autonomous region or municipality directly under the Central Government and, thereafter,
be reported to the publicity department of the Party Committee at the same level for approval. Any subscriber who has obtained the
approval thereof may go to the imported publication management entities designated by the General Administration of Press and Publication
with an entity order application form and the relevant approval documents to deal with the procedures of order.
Article 8
Any foreign organization, foreign-funded enterprise in China or any foreigner who works, studies, or lives in China for a long term
or any person from Hong Kong, Macao or Taiwan, who orders any imported newspaper or periodical, shall go to the import entities of
newspapers or periodicals designated by the General Administration of Press and Publication with an entity order application form
or their identification certification to deal with the procedures of order.
Article 9
Imported publication management entities shall be responsible for the examination and approval of the subscribers who order imported
newspapers, periodicals, books, electronic publications of limited distribution, and shall report the name list of subscribers after
examination and approval and the drafted categories and subscription quantity of imported newspapers, periodicals, books and electronic
publications of limited distribution to the General Administration of Press and Publication for approval. The imported publication
management entities shall supply the subscribers in accordance with the name list of subscribers and the categories and subscription
quantity of imported newspapers, periodicals, books and electronic publications of limited distribution as approved.
Article 10
Whoever unlawfully engages in the business of subscribers’ order for imported publications shall be punished according to Article
55 of the Regulation on the Administration of Publications.
Whoever violates any other provisions of the present Measures shall be ordered to correct and be imposed a warning by the administrative
department of press and publication, and, in the event of a serious case, shall be imposed a fine of no more than 30,000 yuan.
Article 11
The present Measures shall come into force since February 1,2005.
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the General Administration of Press and Publication
2004-12-31
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Law of the People’s Republic of China on Resident Identity Cards
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(Adopted at the 3rd Meeting of the Standing Committee of the Tenth National People’s Congress on June 28, 2003 and
promulgated by Order No.4 of the President of the People’s Republic of China on June 28, 2003)
Contents
Chapter I General Provisions
Chapter II Application and Issuance
Chapter III Use and Examination
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted for the purposes of proving the identities of the citizens residing within the territory of the
People’s Republic of China, safeguarding their legitimate rights and interests, facilitating their social activities and maintaining
public order.
Article 2 Any Chinese citizen who has reached the age of 16 and who resides within the territory of the People’s Republic of
China shall, in accordance with the provisions of this Law, apply for the resident identity card; and any Chinese citizen under the
age of 16 may, in accordance with the provisions of this Law, apply for resident identity card.
Article 3 The items to be registered in a resident identity card consist of the name, sex, nationality, date of birth, address
of permanent residence, citizen’s identity number, the bearer’s photograph, term of validity of the card and the issuing authority.
The citizen’s identity number is the sole and inalterable permanent identity code of a citizen, which is designed by the public security
organ according to the national standard for citizens’ identity numbers.
Article 4 Standard Chinese characters and numerals and symbols conforming to national standards shall be used in filling out
a resident identity card.
With respect to the items in the resident identity card to be registered in Chinese, the authority of autonomy in a national autonomous
area may, in light of the actual conditions of the area, decide to use at the same time the written language of the nationality enjoying
regional autonomy or the written language that is commonly used locally.
Article 5 The terms of validity of resident identity cards for citizens at or over the age of 16 shall be 10 years, 20 years,
or permanent. To citizens between the age of 16 and 25, shall be issued resident identity cards valid for 10 years; to those between
the age of 26 and 45, shall be issued resident identity cards valid for 20 years; and to those at or over the age of 46, shall be
issued resident identity cards valid permanently.
Where a citizen under the age of 16 voluntarily applies for the resident identity card, a card valid for five years shall be issued
to him.
Article 6 The resident identity card shall be designed by the department for public security under the State Council. And the
resident identity cards shall be uniformly made and issued by public security organs.
The resident identity cards shall be readable both visually and by computer, and the contents read visually and by computer shall
be limited to the items prescribed in the first paragraph of Article 3 of this Law.
Public security organs and people’s police shall keep confidential citizen’s personal information gained through making, issuing,
examining or seizing resident identity cards.
Chapter II
Application and Issuance
Article 7 Any citizen shall, within three months from the date he reaches the age of 16, apply to the public security organ
at the place of his permanent residence for the resident identity card.
In the case of a citizen under the age of 16, his guardian shall apply for the resident identity card on his behalf.
Article 8 A resident identity card shall be signed and issued by the public security organ under the people’s government at
the county level at the place where a person’s permanent residence is registered.
Article 9 When going through the formalities of permanent residence registration, compatriots from Hong Kong, Macao or Taiwan
who move to resettle down on the mainland, or overseas Chinese who return to reside in China, or foreign nationals or stateless persons
who reside within the territory of the People’s Republic of China and who are naturalized or whose nationality of the People’s Republic
of China is restored upon approval shall, in accordance with the provisions in this Law, apply for resident identity cards.
Article 10 Anyone who applies for the resident identity card shall fill out the Registration Form of Application for Resident
Identity Card and present his resident household registration book for examination.
Article 11 Where the term of validity of a resident identity card expires, or a citizen changes his name, or the card is so
seriously damaged that what is registered becomes illegible, the bearer shall apply for a new card; where mistake is found in the
items registered in a resident identity card, the public security organ shall put it right without delay and issue a new card; and
when getting the new card, the bearer shall return the original one. Anyone who loses his resident identity card shall apply for
reissue of a card.
Where any of the circumstances mentioned in the preceding paragraph occurs to a citizen under the age of 16 in respect of his resident
identity card, he may apply for a new card, for changing the card ,or for reissue of a card.
When a citizen goes through the formalities of changing his permanent residence registration, the public security organ shall record
the change of the address of the citizen’s permanent residence under the relevant computer-read item in the resident identity card
and inform the citizen himself of the fact.
Article 12 When a citizen applies for a resident identity card or for changing the card, or for reissue of a card, the public
security organ shall, in accordance with relevant regulations, handle the matter without delay. The public security organ shall issue
the resident identity card within 60 days from the date the citizen submits the Registration Form of Application for Resident Identity
Card; for areas where transport facilities are inconvenient, the time limit for handling such matter may be appropriately extended,
but the extension may not exceed 30 days.
Where a citizen is in urgent need of his resident identity card during the period when he applies for the card, or for changing the
card, or for reissue of a card, he may apply for a temporary resident identity card, and the public security organ shall, in accordance
with relevant regulations, handle the matter without delay. The specific measures in this regard shall be formulated by the department
for public security under the State Council.
Chapter III
Use and Examination
Article 13 Where any citizen is required to prove his identity when engaged in relevant activities, he shall have the right
to use his resident identity card for the purpose, and no unit or its staff member concerned may reject it.
Article 14 Any citizen shall, under any of the following circumstances, produce his resident identity card to prove his identity:
(1) changing of the permanent residence registration;
(2) registering for conscription;
(3) registering for marriage or adoption ;
(4) applying for going through the formalities of leaving the country; or
(5) other circumstances where, according to the provisions of laws and administrative regulations, the resident identity card is
required to prove his identity.
Where a citizen who fails to get the resident identity card in accordance with the provisions of this Law intends to do what is mentioned
in the preceding paragraph, he may prove his identity by any other means which conforms to State regulations.
Article 15 When performing his duties in accordance with law under any of the following circumstances, a people’s policeman
may, after producing his law-enforcement papers, examine the resident identity cards:
(1) when it is necessary to find out the identity of a law-breaker or criminal suspect;
(2) when it is necessary to find out the identities of the persons concerned during on-the-spot control exercised in accordance with
law;
(3) when it is necessary to find out the identities of the relevant persons on the spot in an unexpected incident that seriously
endangers public security; or
(4) other circumstances under which it is necessary to find out people’s identities, as is required by the provisions of laws.
Where a person refuses to have his resident identity card examined by the people’s police under any of the circumstances listed in
the preceding paragraph, measures shall, on the basis of the different circumstances, be taken to deal with him in accordance with
the provisions of relevant laws.
No organization or individual may seize any resident identity card. However, exception shall be made where the public security organ
executes the enforcement measure for residential surveillance in accordance with the Criminal Procedure Law of the People’s Republic
of China.
Chapter IV
Legal Responsibility
Article 16 Anyone who commits one of the following acts shall be given a disciplinary warning by the public security organ
and shall, in addition, be fined not more than RMB 200 yuan, and the illegal gains, if any, shall be confiscated:
(1) obtaining the resident identity card by using false documents of certification;
(2) leasing, lending or making over the resident identity card to another person; or
(3) illegally seizing the resident identity card of another person.
Article 17 Anyone who commits one of the following acts shall be imposed by the public security organ a fine of not less than
200 yuan but not more than 1,000 yuan, or shall be detained for not more than 10 days, and the illegal gains, if any, shall be confiscated:
(1) using another person’s resident identity card as his own or a resident identity card obtained by fraudulent means; or
(2) buying, selling or using falsely made or forged resident identity card.
Any resident identity card that is falsely made, or forged, or obtained by fraudulent means shall be forfeited by the public security
organ.
Article 18 Anyone who falsely makes or forges resident identity cards shall be investigated for criminal responsibility in
accordance with law.
Anyone who commits one of the acts listed in Articles 16 and 17 of this Law and engages in criminal activities shall be investigated
for criminal responsibility in accordance with law.
Article 19 Any of the people’s police commits one of the following acts shall, according to the seriousness of the circumstances,
be given administrative sanctions in accordance with law; and if a crime is constituted, he shall be investigated for criminal responsibility
in accordance with law:
(1) by taking advantage of making, issuing or examining resident identity cards, accepting or receiving money or things of value
offered by other persons or seeking other benefits;
(2) illegally changing a citizen’s identity number, or registering in the resident identity card information other than the items
prescribed in the first paragraph of Article 3 of this Law or intentionally registering false information;
(3) without justifiable reasons, failing to issue resident identity cards within the statutory time limit;
(4) examining or seizing a resident identity card in violation of regulations and thus infringing upon the lawful rights and interests
of a citizen; or
(5) divulging a citizen’s personal information gained through making, issuing, examining or seizing his resident identity card and
thus infringing upon the citizen’s lawful rights and interests.
Chapter V
Supplementary Provisions
Article 20 Where a citizen applies for a residence identity card, or for changing the card, or for reissue of one, he shall
pay for the cost of the card. The rate for the cost of a resident identity card shall be determined upon examination by the competent
department for pricing under the State Council in conjunction with the department for finance under the State Council.
Urban residents who receive subsistence allowances and rural residents who live in specially straitened circumstance shall be exempted
from paying the costs of resident identity cards when they apply for such cards and for changing the cards for the first time. As
to the other residents who really have difficulties in making ends meet, the payment of the costs of resident identity cards may
be reduced when they apply for the cards and for changing the cards for the first time. The specific measures for exemption and reduction
of such payment shall be formulated by the department for finance under the State Council in conjunction with the competent department
for pricing under the State Council.
The payments for the costs of resident identity cards collected by public security organs shall all be turned over to the State Treasury.
Article 21 The specific measures for the soldiers of the People’s Liberation Army and people’s armed policemen in active service
to apply for resident identity cards and for issuing such cards shall be separately formulated by the State Council and the Central
Military Commission.
Article 22 This Law shall go into effect as of January 1, 2004, and the Regulations of the People’s Republic of China Concerning
Resident Identity Cards shall be abrogated at the same time.
The resident identity cards obtained in accordance with the Regulations of the People’s Republic of China Concerning Resident Identity
Cards shall remain valid within their terms of validity before the said cards are changed in accordance with this Law. The specific
measures for exchange for the new resident identity cards shall be formulated by the State Council.
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e02894
Ministry of Labor and Social Security
Order of the Ministry of Labor and Social Security of the People’s Republic of China
No. 22
The Provisions on Collective Contracts, which were adopted at the 7th executive meeting of the Ministry of Labor and Social Security,
are hereby promulgated and shall come into force as of May 1, 2004.
the Minister of the Ministry of Labor and Social Security Zheng Silin
January 20, 2004
Provisions on Collective Contracts
Chapter I General Provisions
Article 1
With a view to regulating the acts of conducting collective negotiations and concluding collective contracts, protecting the legitimate
rights and interests of the workers and the employing entities, the present Provisions are formulated according to the Labor Law
of the People’s Republic of China and the Trade Union Law of the People’s Republic of China.
Article 2
The present Provisions shall apply to the enterprises and the public institutions implementing enterprise-management within the territory
of China (hereinafter referred to as the employing entities) that conduct collective negotiations and conclude collective contracts
with their respective employees.
Article 3
The term “collective contract” as mentioned in the present Provisions refers to the written agreement concluded between an employing
entity and its workers on items such as labor remuneration, working hours, rest and vacations, labor safety and health, professional
training and insurance and welfare through collective negotiation according to laws, regulations and rules. The term “special collective
contract” as mentioned in the present Provisions refers to the special written agreement concluded between an employing entity and
its workers on a specific item according to laws, regulations and rules.
Article 4
When signing a collective contract or a special collective contract and determining the related matters, the employing entity and
its workers shall adopt the way of collective negotiation which shall be conducted mainly in the form of negotiation meeting.
Article 5
When conducting a collective negotiation or signing a collective contract or a special collective contract, the parties concerned
shall adhere to the following principles:
(1)
abiding by laws, regulations and rules and relevant provisions of the state;
(2)
respecting each other and negotiating equally;
(3)
keeping honest and good faith, conducting fair cooperation;
(4)
taking into consideration the legitimate rights and interests of both parties simultaneously;
(5)
not taking extreme actions.
Article 6
The collective contract or special collective contract that accord with the present Provisions shall have legal binding force on the
employing entity and all of its employees.
The standards for working conditions and labor remuneration as provided for in the labor contract signed by an employing entity and
an employee shall not be lower than those in the collective contract or special collective contract.
Article 7
The administrative departments of labor and social security at (or above) the level of county shall, within their respective administrative
areas, conduct supervision over the conditions of the collective negotiations, the signing and fulfillment of collective contracts
of the employing entities and their respective employees, and shall be responsible for the examination of the collective contracts
or special collective contracts.
Chapter II Content of Collective Negotiation
Article 8
Both parties to the collective negotiation may conduct collective negotiation on some or one of the following matters, and sign a
collective contract or special collective contract:
(1)
labor remuneration;
(2)
working hours;
(3)
rest and vacations;
(4)
labor safety and health;
(5)
additional insurance and welfare;
(6)
special protection for female employees and minors;
(7)
trainings of professional skills;
(8)
management of labor contracts;
(9)
rewards and punishments;
(10)
staff reduction;
(11)
the term of collective contract;
(12)
procedures for modifying or canceling the collective contract;
(13)
settlement of disputes, which arise in fulfilling the collective contract, through negotiation;
(14)
liabilities for breach of collective contracts;
(15)
other matters agreed on by both parties through negotiation.
Article 9
The labor remuneration shall mainly include:
(1)
the level of wages, the wage distribution system, the wage standards and the wage distribution method of an employing entity;
(2)
the measures for wage payment;
(3)
the overtime wages and the standards on allowances or subsidies and the measures for distribution of premium;
(4)
the measures for the adjustment of wages;
(5)
the wages and treatments during the probation period, sick leaves or private affair leaves;
(6)
the measures for paying the wages (subsistence allowance) to the employees under special circumstances;
(7)
other measures for distributing labor remuneration.
Article 10
The working hours shall mainly include:
(1)
the system of working hours;
(2)
the measures for overtime work;
(3)
the working hours for special jobs;
(4)
the standard for labor quota.
Article 11
The rest and vocations shall mainly include:
(1)
the measures for the daily rest time, weekly rest days arrangement and annual vocations;
(2)
the rest time and vocations for employees who are unable to implement the standard working hours;s
(3)
other vocations.
Article 12
The labor safety and health shall mainly include:
(1)
the labor safety and health responsibility system;
(2)
the working conditions and safety technologies and measures;
(3)
the procedures for safe operation;
(4)
the standard for distributing labor protection appliances;
(5)
regular health examinations and occupation health examinations.
Article 13
The additional insurances and welfares shall mainly include:
(1)
the types and scopes of the additional insurances;
(2)
the basic welfare system and welfare facilities;
(3)
the extension of medical leaves and the treatments;
(4)
the welfare system to the relatives of the employees.
Article 14
The special protection of female employees and minors shall mainly include:
(1)
the work that shall not be assigned to female employees and minors;
(2)
the labor protection for female employees during periods of emmenia, pregnancy, confinement and breast feeding;
(3)
the regular health examination for female employees and minors;
(4)
the employment and registration system of minors.
Article 15
The training of professional skills shall mainly include:
(1)
the programming of professional skill trainings and the annual plan;
(2)
the extracting and use of fees for the training of professional skills;
(3)
the measures for guaranteeing and perfecting the training of professional skill.
Article 16
The management of labor contracts shall mainly include:
(1)
the date when a labor contract is concluded;
(2)
the conditions for determining the duration of a labor contract;
(3)
the general principles for modifying, canceling and renewing a labor contract, and the conditions for terminating a labor contract
without fixed time limit;
(4)
the conditions and time limit for the probation.
Article 17
The rewards and punishments shall mainly include:
(1)
the labor disciplines;
(2)
the performance evaluation, reward and punishment system;
(3)
the reward and punishment procedures;
Article 18
The staff reduction shall mainly include:
(1)
the program for staff reduction;
(2)
the procedures for staff reduction;
(3)
the implementing measures for staff reduction and the compensation standards;
Chapter III Representatives of Collective Negotiation
Article 19
The term “representatives of collective negotiation” (hereinafter referred to as representatives) as mentioned in the present Provisions
refers to people who are elected according to legal procedures and are enpost_titled to take part in the collective negotiation on behalf
of the interests of their own party.
Both parties to a collective negotiation shall have the same number of representatives. Each party shall have at least 3 representatives
and assign one of them as the chief representative.
Article 20
The representatives of collective negotiation on behalf of the employees shall be designated by the labor union of the entity. In
the case of absence of a labor union, they shall be subject to the democratic recommendation by the employees of this entity and
shall be subject to the consent by at least half of the employees.
The chief representative on behalf of the employees shall be the chairman of the labor union of this entity. The chairman of the labor
union may entrust in written form another representative to take the position of the chief representative. In the case of absence
of the chairman of the labor union, the chief representative shall be the major person in charge of the labor union. In the case
of absence of the labor union, the chief representative on behalf of the employees shall be elected through democratic recommendation
by the representatives.
Article 21
The representatives on behalf of the employing entity shall be designated by the legal representative of this entity, and the chief
representative shall be the legal representative of this entity or another manager entrusted by him in written form.
Article 22
The time limit for representatives to perform their responsibilities shall be determined by the parties they represent.
Article 23
The chief representative of each party of collective negotiation may entrust in written form some professionals outside the entity
as representatives, and the number of entrusted persons shall not exceed one third of the representatives from this entity.
The chief representative shall not be a person outside the entity.
Article 24
No person may concurrently act as a representative of the employing entity and a representative of the employees.
Article 25
The representatives shall perform the following duties:
(1)
to participate in the collective negotiation;
(2)
to accept the inquiries of the persons of the party represented by them, and timely announce the information on the negotiation to
the persons of the party represented by them and ask them for advices;
(3)
to supply the information and materials related to the collective negotiation;
(4)
to take part in the settlement of the disputes under collective negotiation on behalf of the party represented by them;
(5)
to conduct supervision over the fulfillment of the collective contract or special collective contract;
(6)
other duties as provided for in the laws, regulations and rules.
Article 26
The representatives shall protect the normal production or work order of the entity, and shall not have any acts of threatening, buying
over or cheating.
The representatives shall keep confidential the commercial secrets of the employing entity that they have learned in the course of
collective negotiation.
Article 27
The representatives inside an enterprise who have participated in the collective negotiation shall be deemed as having provided normal
labor.
Article 28
Where the labor contract of a representative expires during the period of his performing the duties as a representative, it shall
automatically extend to the date when he fulfills his duties,And the employing entity shall not cancel the labor contract unless
he is under any of the following circumstances:
(1)
having seriously violated the labor disciplines or the provisions and rules formulated by the employing entity pursuant to law;
(2)
having seriously neglected his duties or seeking private interests, which leads to serious impairment to the interests of the employing
entity;
(3)
being subject to criminal liabilities.
During the period of a person’ performing of the duties as a representative, the employing entity shall not change his post without
justifiable reasons.
Article 29
Where there is any dispute between a representative of the employees and the employing entity due to the matters as provided for in
Articles 27 and 28, an application for arbitration may be filed to the local arbitration commission for labor disputes.
Article 30
The labor union may change the representatives of the employees. In the case of absence of the labor union, the representatives of
the employees may be changed upon the consent of at least half of the employees.
The legal representative of the employing entity may change the representatives of the employing entity.
Article 31
Where there is any absence of a representative due to change, resignation or any other force majeure, a new representative shall be
elected within 15 days from the day when the absence occurs according to the present Provisions.
Chapter IV Procedures for Collective Negotiation
Article 32
Either party of the collective negotiation may make a written request for collective negotiation to the other party on signing a collective
contract or special collective contract and the related matters.
Where a party makes a request for collective negotiation, the other party shall give it a written reply within 20 days from the day
when it receives the request, and shall not refuse to conduct collective negotiation without justifiable reasons.
Article 33
The representatives shall make the following preparations before the negotiation:
(1)
to get familiar with the laws, regulations, rules and systems related to the collective negotiation;
(2)
to learn the information and materials related to the collective negotiation, collect the opinions of the employing entity and the
employees on the collective negotiation;
(3)
to determine the matters under collective negotiation, which may be drafted by the party that makes a request for collective negotiation
or may be jointly drafted by the representatives assigned by both parties;
(4)
to determine the time and place of the collective negotiation;
(5)
to jointly determine a non-negotiation representative as the note-keeper of the collective negotiation. The note-keeper shall keep
neutral and impartial and keep the secrets of both parties of the collective negotiation.
Article 34
The meeting of collective negotiation shall be hosted by the chief representatives of both parties in turn, who shall accord with
the following procedures:
(1)
Announcing the agenda and disciplines of the meeting;
(2)
The chief representative of a party sets forth the specific content and requests for the collective negotiation, and the chief representative
of the other party makes corresponding responses;
(3)
Both parties state their respective opinions on the matters under negotiation, and fully discuss them;
(4)
The chief representatives of both parties sum up the opinions. Where an agreement is reached, a draft collective contract or a draft
special collective draft shall be formed, and shall be signed by the chief representatives of both parties.
Article 35
Where no agreement is reached or any unexpected issue arises, the negotiation may be suspended upon mutual agreement. The time limit
for the suspension and the time, place and content of next negotiation shall be determined by both parties upon mutual agreement.
Chapter V The Conclusion, Modification, Cancellation and Termination of Collective Contracts
Article 36
The draft of a collective contract or of a special collective contract agreed on by the representatives of both parties shall be submitted
to the employees representative assembly or all the employees for discussion.
When the employees representative assembly or all the employees discuss the draft of a collective contract or the draft of a special
collective contract, at least two thirds of the members of the employees representative assembly or of all the employees shall be
present. The draft of the collective contract or the draft of the special collective contract shall not be adopted unless it is agreed
upon by at least half of the members of the employees representative assembly or of all the employees.
Article 37
The draft of a collective contract or the draft of a special collective contract adopted at the employees representative assembly
or the employees assembly shall be signed by the chief representatives of both parties of the collective negotiation.
Article 38
In general, the period of validity of a collective contract or a special collective contract shall be 1 to 3 years, which shall be
terminated at its expiration or under the conditions for termination as agreed on by both parties.
Within 3 months prior to the expiration of a collective contract or a special collective contract, either party may request the other
party to sign a new contract or renew the contract.
Article 39
Where both parties reach an agreement, a collective contract or a special collective contract may be modified or cancelled.
Article 40
A collective contract or a special collective contract may be modified or cancelled under any of the following circumstances:
(1)
It is unable to perform the collective contract or the special collective contract for the employing entity is merged, dissolved or
bankrupt;
(2)
It is unable to perform the collective contract or the special collective contract or part of the said contract in due to force majeure;
(3)
The conditions for modifying or canceling the collective contract or the special collective contract arises;
(4)
Other circumstances as stipulated in the laws, regulations and rules.
Article 41
The procedures for the collective negotiation as stipulated in the present Provisions shall apply to the modification or cancellation
of a collective contract or a special collective contract.
Chapter VI Examination on Collective Contracts
Article 42
After a collective contract or a special collective contract is signed or modified, the employing entity shall submit the text in
triplicate to the administrative department of labor and social security within 10 days as of the day when the chief representatives
sign the contract.
The administrative department of labor and social security shall check in the submitted collective contract or special collective
contract.
Article 43
The examination on collective contracts or special collective contracts shall adopt territorial administration, and the specific scope
of administration shall be specified by the administrative department of labor and social security at the provincial level.
The collective contracts of enterprises under the Central Government and those of the employing entities of trans-province, trans-autonomous
region or trans-municipality directly under the Central Government shall be submitted to the administrative department of labor and
social security at the provincial level as specified by the Ministry of Labor and Social Security.
Article 44
The administrative department of labor and social security shall examine the validity of a collective contract or a special collective
contract submitted to it in light of the following items:
(1)
whether the qualifications of subjects of both parties of the collective negotiation are in line with laws, regulations and rules;
(2)
whether the procedures for collective negotiation is in violation of laws, regulations and rules;
(3)
whether the content of the collective contract or the special collective contract is contrary to the provisions of the state.
Article 45
Where the administrative department of labor and social security has any objection to a collective contract or a special collective
contract, it shall serve the Examination Opinion to the negotiation representatives of both parties within 15 days as of the day
when it receives the text. The Examination Opinion shall specify the following contents:
(1)
the names, addresses of both parties of the collective contract or special collective contract;
(2)
the date on which the administrative department of labor and social security receives the collective contract or the special collective
contract;
(3)
the examination opinions;
(4)
the date on which the examination opinions are formed.
The Examination Opinion shall be affixed with the seal of the administrative department of labor and social security.
Article 46
Where the employing entity and its employees conclude a new collective contract or a new special collective contract after collective
negotiation on the objections put forward by the administrative department of labor and social security, the employing entity shall
submit the new contract to the administrative department of labor and social security for examination pursuant to Article 42 of
the present Provisions.
Article 47
Where the administrative department of labor and social security raises no objection within 15 days as of the day when it receives
the text, the collective contract or special collective contract shall go into effect forthwith.
Article 48
The valid collective contract or special collective contract shall be timely announced by the negotiation representatives to all of
the members they are on behalf of in a proper form as of the day when the contract go into effect.
Chapter VII Mediation and Settlement of Disputes in Collective Negotiation
Article 49
Where both parties fail to settle the disputes arising during a collective negotiation through negotiation, either party or both parties
may file a written application to the administrative department of labor and social security for mediation and settlement. Where
no application is filed, the administrative department of labor and social security may mediate and settle the disputes when it deems
necessary.
Article 50
The administrative department of labor and social security shall organize people of the labor union at the same level and the enterprise
organization to jointly mediate and settle the disputes arising during a collective negotiation.
Article 51
The disputes arising during a collective negotiation shall be under territorial administration, and the specific scope of administration
shall be provided for by the administrative department of labor and social security.
With regard to disputes arising during a collective negotiation of an enterprise under the Central Government or an employing entity
of trans-province, trans-autonomous region or trans-municipality directly under the Central Government, the administrative department
of labor and social security at the provincial level designated by the Ministry of Labor and Social Security shall organize people
of the labor union at the same level and the enterprise organization to mediate and settle the disputes, and the Ministry of Labor
and Social Security may organize relevant parties to mediate and settle as well when necessary.
Article 52
The mediation and settlement of the disputes arising during a collective negotiation shall be completed within 30 days as of the day
when an application for mediation and settlement is received. If it hasn’t been finished within the time limit, the time limit may
be extended appropriately, but the extended time shall not exceed 15 days.
Article 53
The mediation and settlement of the disputes arising during a collective negotiation shall proceed as follows:
(1)
to accept an application for mediation and settlement;
(2)
to investigate into and learn the information on the disputes;
(3)
to discuss and formulate a program on mediation and settlement of the disputes;
(4)
to mediate and settle the disputes;
(5)
to make a Mediation and Settlement Agreement.
Article 54
The Mediation and Settlement Agreement shall include the application for mediation and settlement, the facts of disputes and mediation
results. Where both parties fail to reach an agreement on some of the matters being negotiated, it shall specify the relevant matters
to be negotiated continuously. The Mediation and Settlement Agreement shall come into force after being affixed with the signatures
or seals of the persons responsible for the mediation and settlement of the disputes arising during the collective negotiation and
the chief representatives of both disputing parties. Both disputing parties shall accord with the Mediation and Settlement Agreement
after it takes effect.
Chapter VIII Supplementary Provisions
Article 55
Where the parties concerned fail to settle through consultation the dispute arising when fulfilling a collective contract, they may
file an application to the arbitration commission for labor disputes pursuant to law.
Article 56
Where an employing entity refuses, without any justifiable reason, the request for the collective negotiation made by the trade union
or the representatives of the employees, it shall be punished according to the Trade Union Law and other relevant laws and regulations.
Article 57
The present Provisions shall go into effect as of May 1, 2004, and the Provisions on Collective Contracts promulgated by the former
Ministry of Labor on December 5, 1994 shall be abolished simultaneously.
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