PROCEDURES OF SUPERVISION AND CONTROL BY THE COSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA OVER ENTRY AND EXIT TRAINS AND THE CARGO, LUGGAGE AND PARCELS ON BOARDD
PROCEDURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE SUPERVISION OF INTERNATIONAL SAILING VESSELS AND THE GOODS ON BOARD
CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA (DRAFT)
DECISION OF THE STATE COUNCIL CONCERNING THE ESTABLISHMENT OF A MARITIME ARBITRATION COMMISSION WITHIN THE CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE
Category | ARBITRATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1958-11-21 | Effective Date | 1958-11-21 |
Decision of the State Council of the People’s Republic of China Concerning the Establishment of a Maritime Arbitration Commission |
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Note:
(Adopted at the 82nd Meeting of the State Council on November 21, 1958)
With a view to settling maritime disputes through arbitration, it is
necessary to set up an arbitral body within a relevant social organization. It
is hereby decided as follows:
1. There shall be established within the China Council for the Promotion
of Internatinnal Trade a Maritime Arbitration Commission (Note (1)) to settle:
a. disputes over the remuneration for salvage services rendered by
sea-going vessles to each other or by a sea-going vessel to a river craft or
vice versa;
b. disputes arising from collisions between sea-going vessels or between
see-going vessels and river craft or from damages caused by sea-going vessels
to harbour structures or installations;
c. disputes arising from chartering sea-going vessels, agency services
rendered to sea-going vessels, carriage by sea in virtue of contracts of
affreightment, bills of lading or other shipping documents, as well as
disputes arising from marine insurance.
2. The Maritime Arbitration Commission takes cognizance of maritime
disputes in accordance with the relevant contracts, agreements and/or other
documents concluded between the disputing parties either prior or subsequent
to the occurrence of disputes.
The Maritime Arbitration Commission may endeavour to settle through
mediation any dispute of which it has taken cognizance.
3. The Maritime Arbitration Commission shall be composed of 21-31 members
to be selected and appointed by the China Council for the Promotion of
International Trade for a term of two years from among persons having special
knowledge in navigation, sea transportation, foreign trade, insurance and law.
4. The Maritime Arbitration Commission shall elect a Chairman and 1-3
Vice-Chairmen from among its members.
5. When a dispute is submitted for arbitration, the disputing parties
shall each choose an arbitrator from among the members of the Maritime
Arbitration Commission. The arbitrators so chosen shall jointly select from
among the members of the Maritime Arbitration Commission a presiding
arbitrator to form, in association with the arbitrators, an Arbitration
Tribunal to act in a body. The disputing parties may also jointly choose from
among the members of the Maritime Arbitration Commission a sole arbitrator to
form by himself a Tribunal to act singly.
The disputing parties shall choose the arbitrators within the time fixed
by the Maritime Arbitration Commission or agreed upon between the parties, and
the arbitrators so chosen shall also select the presiding arbitrator within
the time fixed by the Maritime Arbitration Commission. If one of the parties
fails to choose an arbitrator within the prescribed time limit, the Chairman
of the Maritime Arbitration Commission shall then, upon the request of the
other party, appoint the arbitrator for the former party. If the arbitrators
so chosen or appointed cannot agree upon the choice of the presiding
arbitrator within the prescribed time limit, the Chairman of the Maritime
Arbitration Commission shall then select a presiding arbitrator for them.
6. Either of the parties in dispute may authorize the Maritime Arbitration
Commission to choose for him an arbitrator who shall, jointly with the
arbitrator chosen by the other party, select a presiding arbitrator to form,
in association with the arbitrators, an Arbitration Tribunal to act in a body.
If, by mutual agreement, both parties jointly delegate the choice of
arbitrators to the Maritime Arbitration Commission, the Chairman of the
Maritime Arbitration Commission, may appoint a sole arbitrator to form by
himself a Tribunal to act singly.
7. The disputing parties may appoint attorneys to protect their interests
during the proceedings of a case before the Maritime Arbitration Commission.
Such attorneys may be citizens of the People’s Republic of China or foreign
citizens.
8. In cases within the cognizance of the Maritime Arbitration Commission,
the Chairman of the Maritime Arbitration Commission may make decisions in
respect of measures of security and determine the amount and form of the
security for the claim.
Upon the request of one of the parties, the People’s Court of the People’s
Republic of China shall enforce the decision referred to in the preceding
paragraph in accordance with the law.
9. The Maritime Arbitration Commission may collect an arbitration fee not
exceeding two per cent of the amount of the claim.
10. The award handed down by the Maritime Arbitration Commission is final
and neither party shall bring an appeal for revision before a court of law or
any other organization.
11. The award by the Maritime Arbitration Commission shall be executed by
the parties themselves within the time fixed by the award. In case an award is
not executed after the expiration of the fixed time, the People’s Court of the
People’s Republic of China shall, upon the request of one of the parties,
enforce it in accordance with the law.
12. Rules concerning the Procedure of Arbitration shall be formulated by
the China Council for the Promotion of International Trade.
Note:
(1) Concerning the scope of cases to be taken cognizance of by the
Maritime Arbitration Commission, new provisions have been formulated by the
Notice of the General Office of the State Council which is issued on September
2, 1982. On June 21, 1988, the State Council renamed the Maritime Arbitration
Commission as the China Maritime Arbitration Commission, and agreed that the
rules of arbitration procedure shall be amended. – The Editor
REGULATIONS ON THE CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX (DRAFT)
Category | TAXATION | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | Invalidated |
Date of Promulgation | 1958-09-13 | Effective Date | 1958-09-13 | Date of Invalidation | 1993-12-29 |
Regulations of the People’s Republic of China on the Consolidated Industrial and Commercial Tax (Draft) |
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Regulations
Appendix: Consolidated Industrial and Commercial Tax Schedule of Taxable
Notes:
(Adopted, in Principle, by the 101st Meeting of the Standing Committee of
the National People’s Congress on September 11, 1958 and Promulgated by the
State Council on September 13, 1958) (Editor’s Note: These Regulations have
been annulled by Decision of the Standing Committee of the National People’s
Congress Regarding the Application of Provisional Regulations on Such Taxes
As Value-Added Tax, Consumption Tax and Business Tax to Foreign Investment
Neterprises and Foreign Enterprises promulgated on December 29, 1993)
Regulations
Article 1 These Regulations are formulated with a view to adapting the
industrial and commercial taxation system to the conditions of socialist
economy, promoting the growth of production, ensuring the supply of funds
for the national construction, and simplifying the taxation system by
incorporating the commodity tax, the commodity circulation tax, the business
tax, and the stamp tax into the consolidated industrial and commercial tax.
Article 2 All units and individuals engaged in the production of
industrial products, the purchase of agricultural products, the importation
of foreign commodities, commercial retailing, communications and
transportation, and various kinds of service trades are taxpayers of the
consolidated industry and commercial tax, and shall be subject to paying
the consolidated industrial and commercial tax in accordance with the
provisions of these Regulations.
Article 3 The categories of items subject to consolidated industrial
and commercial tax and the rates of tax are provided in the appended Schedule
of Taxable Items and Tax Rates. Any necessary additions to, decreases in or
adjustments to the individual categories of items subject to tax or the rates
of taxation shall be determined by the State Council and shall be implemented
upon promulgation.
Article 4 Taxpayers engaged in the production of industrial products
shall compute the tax, after the sale of such products, at the specified rate
based on the amount of gross income derived from the sale.
Products manufactured and used by an industrial enterprise in its own
production shall not be subject to tax. However, where such products are
subject to tax according to the Schedule of Taxable Items and Tax Rates of
these Regulations, such products shall be treated in accordance with the
provisions.
Article 5 Taxpayers engaged in the purchase of agricultural products
shall compute the tax, after the purchase of such products, at the specified
rate based on the amount paid for the products.
Article 6 Taxpayers engaged in the importation of foreign goods shall
compute the tax, after the importation of such goods, at the specified rate
based on the amount paid for the imported goods.
Article 7 Taxpayers engaged in commercial retailing shall compute the
tax, after the sales of such goods, at the specified rate based on their
income derived from such sales.
Article 8 Taxpayers engaged in communications and transportation and
various kinds of service trades shall compute the tax, after receipt of
income, at the specified rate based on the amount of their business income.
Article 9 With respect to products processed by an industrial enterprise
based on consignment, the consignor shall pay the tax. Where the consignor is
an industrial unit, the tax shall be paid in accordance with the provision of
Article 4 of these Regulations. Where the consignor is not an industrial unit,
the tax shall be paid by the consignee on behalf of the consignor at the time
when the products are delivered, or by the consignor, upon its acceptance of
delivery of the products.
Article 10 The business income of State banks, insurance undertakings,
agricultural machinery workshops, and medical and health institutions as well
as the income or scientific research institutions derived from experiments,
shall be exempt from the consolidated industrial and commercial tax.
Article 11 Where tax incentives are deemed necessary, tax reductions or
exemptions may be granted with respect to income from public canteens and
other public services operated independently by agricultural production
cooperatives or urban community organizations; income derived from purchase
and sale operations performed by supply and marketing departments of
agricultural production cooperatives on behalf of state enterprises; and
income derived by schools from the production activities of work-study
programs.
Article 12 Where tax reductions, exemptions and changes regarding the
stage at which the tax is assessed on particular products are within the
administrative district of the respective provinces, autonomous regions, or
municipalities directly under the Central Government, the matter shall be
regulated by the people’s councils of the provinces, autonomous regions, or
municipalities directly under the Central Government in accordance with the
authority granted to them by the State regarding the administration of
taxation. Where tax reductions, exemptions and changes regarding the stage at
which tax is assessed on particular products are of national scope, the matter
shall be regulated by the Stare Council.
Article 13 Taxpayers and tax authorities should bring into full play the
spirit of cooperation in dealing with taxation matters. Taxpayers shall pay
their tax correctly and promptly, and voluntarily provide tax authorities with
all necessary information. Tax authorities shall actively assist taxpayers in
the payment of tax and promptly respond to suggestions put forward by
taxpayers regarding improvements in taxation.
Article 14 The tax authorities shall, taking into account the amount of
tax payable and the operational circumstances of the enterprise concerned,
determine the time limit for the payment of tax on an individual basis.
Article 15 Where a taxpayer fails to make tax payment within the
prescribed time limit, the tax authorities, in addition to setting a new time
limit for the tax payment, shall impose a late payment fine of 0.1%
of the amount of tax due for each day the tax is overdue, commencing from the
first day on which the tax is overdue.
Article 16 Where a taxpayer evades or neglects any payment of tax, the
tax authorities may, in addition to pursuing the payment of tax, subject the
taxpayer to criticism or impose a fine not exceeding five times the amount of
the tax due according to the seriousness the offense. Cases of gross
violation shall be submitted to the people’s courts for disposal.
Article 17 The people’s councils of provinces, autonomous regions and
municipalities under the Central Government shall, in accordance with the
authority granted to them by the State regarding the administration of
taxation, separately formulate measures for taxation as to the assessment of
consolidated industrial and commercial tax on agricultural production
cooperatives, individual members of agricultural production cooperatives,
individual farmers, capitalist industrial and commercial enterprises still in
existence, individual handicraftsmen, small traders and pedlars and
unregistered-commercial businesses and submit such measures to the State
Council for the record.
Article 18 The rules for the implementation of these Regulations shall be
formulated by the Ministry of Finance of the People’s Republic of China.
Article 19 These Regulations shall become effective as of the day of
promulgation. The Interim Regulations Concerning the Commodity Tax, the
Trial Rules for Commodity Circulations Tax, the section regarding business
tax in the Interim Regulations Concerning the Industrial and Commercial Tax,
the Interim Regulations Concerning the Stamp Tax and provisions connected
therewith are hereby repealed.
Appendix: Consolidated Industrial and Commercial Tax Schedule of Taxable
Items and Tax Rates
I.Industrial and Agricultural Products (Note 1.)
———————————————————————-
| Taxable Items | Tax Rates
| Remarks |
|—————————–|————–|———————–|
| Cigarettes: | |
|
| Class A
| 69% |
|
| Class B
| 66% |
|
| Class C
| 63% |
|
| Class D
| 60% |
|
| Class E
| 40% |
|
|—————————–|————–|
|
| Cigars |
55% |
|
|—————————–|————–|
|
| Cut tobacco |
40% |
|
|—————————–|————–|
|
| Smoked leaf tobacco | 50% |
|
|—————————–|————–|
|
| Unsmoked leaf tobacco | 40% |
|
|—————————–|————–|
|
| Wines and spirits brewed | | An
enterprise shall |
| from grains: | | be
subject to tax for|
| White spirits, yellow rice | | wines
and spirits |
| Wine
| 60% | produced by itself |
| Beer
| 40% | and used for its own |
| Sweet rice wine |
40% | production, at the |
|—————————–|————–| prescribed tax rates.|
| Wines made from non-grain | |
|
| substitutes |
20% |
|
|—————————–|————–|
|
| Wines brewed from fruit | 30% |
|
|—————————–|————–|
|
|Reprocessed wines and spirits| 30% |
|
|—————————–|————–|
|
| Alcohol: | |
|
| Alcohol made from grains | 30% |
|
| Alcohol made from non-gram | |
|
| substitutes |
20% |
|
| Alcohol made from wood | 20% |
|
|—————————–|————–|
|
| Sugar: | |
|
| Machine-processed sugar | 44% |
|
| Unrefined sugar |
39% |
|
| Saccharin |
44% |
|
| Maltose |
27% |
|
|—————————–|————–|
|
| Tea
| 40% |
|
|—————————–|————–|
|
| Cereals
| 4% |
|
|—————————–|————–|
|
| Wheat flour |
10% |
|
|—————————–|————–|
|
| Vegetable oils | 12.5% |
|
|—————————–|————–|
|
| Sea foods: | |
|
| Sea cucumbers, fish maws, | |
|
| sharks’ fins, fish lips, | |
|
| abalone, dry scallops | 35% |
|
| Other sea foods | 5% |
|
|—————————–|————–|
|
| Fresh water products: | |
|
| Fishes, shrimps, crabs | 5% |
|
|—————————–|————–|
|
| Tremella, bird’s nest | 35% |
|
|—————————–|————–|
|
|Aerated waters, fruit drinks,| |
|
|fruit syrups, fruit juice | 25% |
|
|—————————–|————–|
|
| Monosodium glutamate, | |
|
| essence of soy |
25% |
|
|—————————–|————–|
|
| Milk powder, condensed milk,| |
|
| Evaporated milk | 10% |
|
|—————————–|————–|
|
| Fresh cow’s milk, | |
|
| fresh ewe’s milk | 2.5% |
|
|—————————–|————–|
|
| Canned foods |
10% |
|
|—————————–|————–|
|
| Egg products |
10% |
|
|—————————–|————–|
|
| Cotton yarn: |yarn number
30| An enterprise shall |
| Natural colour cotton yarn | and upwards: | be subject to tax for|
| Lint-free cotton yarn | 26%
| yarn produced by |
| Staple rayon yarn | less than 30:| itself and
used in its|
|
| 23% | production, at the |
|—————————–|————–| prescribed tax rate. |
| Cotton cloth: | &n
PROCEDURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE SUPERVISION OF SMALL VESSELS FROM AND TO HONG KONG AND MACAO
RESOLUTION OF THE STANDTING COMMITTEE OF THE NATONAL PEOPLE’S CONGRESS OF THE APPROVAL OF THE DELARATION OF THE GOVERNMENT ON CHINA’S TERITORIAL SEA
Category | TERRITORY AND DIPLOMATIC RELATIONS | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
Date of Promulgation | 1958-09-04 | Effective Date | 1958-09-04 |
Resolution of the Standting Committee of the Natonal People’s Congress of the People’s Republic of China of the Approval of the Delaration |
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(Adopted at the 100th Meeting of the Stading Committee of National Peopl’s
Congress on September 4, 1958)
Resolution:
On September 4, 1958, the One Hundredth Meeting of the Standing
Committeeof National People’s Congress decided to approve the declaration of
the government of People’s Republic of China on China’s territorial sea.
Appendix: Declaration of the Government of the People’s Republic of China
on China’s Territorial Sea (September 4, 1958)
The Government of the People’s Republic of China declares:
1. The breadth of the territorial sea of the People’s Republic of China
shall be twelve nautical miles. This provision applies to all territories of
the People’s Republic of China including the Chinese mainland and its coastal
islands, as well as Taiwan and its surrounding islands, the Penghu Islands,
the Dongsha Islands, the Xisha Islands, the Zhongsha Islands, the Nansha
Islands and all other islands belonging to China which are separated from the
mainland and its coastal islands by the high seas.
2. China’s territorial sea along the mainland and its coastal islands
takes as its baseline the line composed of the straight lines connecting
bas-points on the mainland coast and on the outermost coastal islands; the
water area extending twelve nautical miles outward from this baseline is
China’s territorial sea. The water areas inside the baseline, including Bohai
Bay and the Chiungchow Straits, are Chinese inland waters. The islands inside
the baseline, including Tungyin Island, Kaoteng Island, the Matsu Islands, the
Paichuan Islands, Wuchiu Island, the Grater and Lesser Quemoy Islands, Tatan
Island, Erhtan Island and Tungting Island, are islands of the Chinese inland
waters.
3. No foreign aircraft and no foreign vessels for military use may enter
China’s territorial sea and the air space above it without the permission of
the Government of the People’s Republic of China.
While navigation Chinese territorial sea, every foreign vessel must
observe the relevant laws of the People’s Republic of China and regulations of
its government.
4. The principles provided in paragraphs (2) and (3) apply also to Taiwan
and its surrounding islands, the Penghu Islands, the Dongsha Islands, the
Xisha Islands, the Zhongsha Islands, the Nansha islands, and all other islands
belonging to China.
The Taiwan and Penghu areas are still occupied by the United States armed
force. This is an unlawful encroachment on the territorial integrity and
sovereignty of the People’s Republic of China. Taiwan, Penghu and such other
areas are yet to be recovered, and the Government of the People’s Republic of
china has the right to recover these area by all suitable means at a suitable
time. This is China’s internal affair, in which no foreign interference is
tolerated.