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1991

REGULATIONS ON PATENT COMMISSIONING

Regulations on Patent Commissioning

     Chapter 1 General Principles

   Article 1 With a view to guaranteeing the legitimate rights of patent agencies and consignors and ensuring the normal working of patent commissioning
services, these Regulations her eof are formulated.

   Article 2 Patent commissioning stated here denotes patent application or the handling of other patent- related affairs by patent agencies
on behalf of their consignors and within their authorized powers.

Chapter 2 Patent Agencies

   Article 3 Patent agencies stated here denote service organs that apply for patents or handle other patent-related affairs on behalf of
their consignors and within their authorized powers.

Patent agencies include:

(1) those that handle foreign patent-related affairs;

(2) those that handle domestic patent-related affairs; and

(3) law firms that handle domestic patent-related affairs.

   Article 4 Establishment of a patent agency shall require the following conditions:

(1) having a name, articles of association and fixed work place of its own;

(2) having necessary capital and work installations;

(3) being financially independent and able to meet civil liabilities independently; and

(4) employing three or more special staff members qualified as patent agents and a proportionate number of likewise qualified
spare-time working staff as stipulated by the China Administration of Patents (CAP).

Law firms engaged in patent commissioning must have special staff for the business stated in item (4) of the previous paragraph.

   Article 5 To apply for the establishment of a patent agency at a patent administration, the following documents must be presented:

(1) a letter of application with the name, office space and responsible person’s name stated;

(2) the articles of association of the patent agency;

(3) the names of patent agents and their certificates of qualification; and

(4) written proof of the amount of capital and installations of the patent of the agency.

   Article 6 Patent agencies applying for the handling of domestic patent-related affairs or law firms applying for the same must have the consent
of their governing authorities and their applications must be examined by patent administrations of provinces, autonomous regions
or municipalities directly under the Central Government; in the absence of governing authorities, they may be directly examined
by the later. Upon agreement, the examining authorities shall report the applications to CAP for approval.

Patent agencies applying to handle foreign-related patent affairs must go through procedures as stipulated in the Patent
Law of the People’s Republic of China. Such agencies, upon approval by CAP, can handle domestic patent affairs.

   Article 7 Patent agencies, as of the date of approval, can start handling patent-commissioning business in accordance with law, enjoy
civil rights and meet civil liabilities.

   Article 8 Patent agencies shall deal with the following businesses:

(1) providing patent-related consulting agencies;

(2) writing on commission patent application documents and handling re-examination and other related affairs;

(3) raising disagreement, asking for the announcement of a patent right cancellation and other related affairs;

(4) handling the right of patent application, the transfer of patent right and patent permission and other related affairs;

(5) appointing patent agents to serve as patent advisors upon invitation; and

(6) other related matters.

   Article 9 When patent agencies accept consignments and handle business, they shall have a consignor’s letter of commitment clearly stating
commissioned items and powers.

If needed, a patent agency may designate a certain patent agent appointed by the consignor to handle the business.

Patent agencies may charge commissions in accordance with relevant regulations of t he State.

   Article 10 After accepting a commission, a patent agency shall not accept the commission of rival consignors concerning patents with the
same content.

   Article 11 Patent agencies shall employ as patent agents persons with Patent Agent Qualification Certificate”. The latter shall go through
necessary procedures, be given “Patent Agent Work Permit” by the former, and register at CAP.

Beginners shall not be issued “Patent Agent Work Permit” until after a full year of apprenticeship.

When patent agencies discharge their patent agents, they shall recover in time the latter’s “Patent Agent Working Permit”
and report such discharge to CAP.

   Article 12 When patent agencies change their names, addresses and responsible persons, they shall report to CAP of such changes, which become
effective only after approval by the latter.

When a patent agency goes out of business, it shall, after appropriately handling a unsettled affairs, report to
the authorities that endorsed its opening and the latter shall be responsible for going through all necessary procedures as CAP.

   Article 13 If an approved patent agency no longer meets the conditions stated in Article 4 of these Regulations hereof due to a change of
circumstances and will not be able to meet such conditions within 1 year, the authorities that endorsed its opening should propose
to CAP that it be canceled as a patent agency.

Chapter 3 Patent Agents

   Article 14 Patent agents that these Regulations hereof stated denote bearers of “Patent Agent Qualification Certificate” and of “Patent
Agent Working Permit”.

   Article 15 Chinese citizens who support Constitution as the People’s Republic of China and meet the following conditions may apply to be patent
agents:

(1) over the age of 18 with full capacity for civil behaviors;

(2) graduates of college departments of sciences (or with equivalent education) in command of one foreign language;

(3) well-versed in the Patent Law and related legal knowledge; and

(4) scientists or lawyers with upwards of 2 years of work experience.

   Article 16 Persons who apply to be patent agents will obtain CAP “Patent Agent Qualification Certificate” after a panel of examination judges
deem him or her qualified.

The panel of judges is composed of persons from CAP, State Council department and organizations of patent agents.

   Article 17 Patent agents shall handle only patent commissioning services assigned by their patent agencies and shall not accept such
services on their own.

   Article 18 Patent agents shall handle patent commissioning services in two or more patent agencies simultaneously.

Before quitting their jobs at patent agencies, patent agents must appropriately conclude unsettled commissioned cases.

   Article 19 In case bearers of “Patent Agent Qualification Certificate” fail to engage in patent commissioning business or patent-related
management for 5 years, their “Patent Agent Qualification Certificates” are automatically rendered ineffective.

   Article 20 Patent agents in the course of doing their professional work or within 1 year of their quitting their profession must
not apply for patents.

   Article 21 Patent agents lawfully handling patent commissions shall be protected by State laws and their work shall not be interfered with
by any unit or individual.

   Article 22 State organ staff are forbidden to work at patent agencies and engage in patent commissioning service in their spare-time.

   Article 23 Patent agents have the responsibility to keep the inventions they get to know in the course of their rendering commission service
s unless relevant patent application have been made public.

Chapter 4 Punishment

   Article 24 For one of the following offenses, the governing authorities or patent administrations of the provinces, autonomous
regions or municipalities directly under the Central Government may serve a warning to the offending patent agency; in cases
of serious offense, CAP may punish it by ordering its close:

(1) concealing facts in application;

(2) changing major registration items by itself;

(3) accepting and handling patent commission services unauthorizedly or beyond the approved business scope; and

(4) other illegal activities.

   Article 25 For one of the following offenses on the part of patent agents, relevant patent agencies may criticize the offenders if the
cases are not serious; in cases of serious offenses, patent agencies may discharge the offenders and revoke their “Patent Agent
Work Permit”; relevant patent administrations of the provinces, autonomous regions or municipalities directly under the Central
Government may serve each offender a warning or CAP may revoke his or her “Patent Agent Qualification Certificate”:

(1) failing to fulfill his or her duties to the detriment of the interests of the consignors;

(2) disclosing or stealing inventions of the consignors;

(3) going beyond the powers of commission and causing damages to the interests of the consignors; and

(4) charging through accepting and handling patent commission services without permission.

If the commissaries’ economic losses hass been caused by the behavior as stated in the previous paragraph, relevant patent
agencies, after making economic pensions, may charge the patent agent in question according to a given proportion.

   Article 26 If a patent agency ordered to close down as a punishment by CAP and a patent agent whose “Patent Agent Qualification Certificate”
has been revoked do not agree with the decisions of punishment, they may appeal to CAP for re-examination; if they still fail to
be satisfied with the CAP decision, they may bring the case to a people’s court within 15 days of the receipt of the CAP decision.

Chapter 5 Supplementary Articles

   Article 27 The right to interpret these Regulations hereof rests with CAP.

   Article 28 These Regulations hereof become effective as of April 1, 1991. The Temporary Regulations on Patent Commissioning endorsed
by the State Council on September 4, 1985 and promulgated by CAP on September 12 of the same year is simultaneously canceled.

    

SIPO P.R.C.

EDITOR:Victor





DECISION OF THE THIRD SESSION OF THE SIXTH NATIONAL PEOPLE’S CONGRESS ON ESTABLISHING THE DRAFTING COMMITTEE OF THE BASIC LAW FOR HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA

PROVISIONS OF THE GROUP IN CHARGE OF PORTS UNDER THE STATE COUNCIL FOR THE STRENGTHENING OF DISPERSION OF VESSELS AND CARGOS HELD UP AT PORTS

MEASURES CONCERNING COLLECTION OF HARBOUR TOLLS

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1985-10-22 Effective Date  1986-01-01  


Measures Concerning Collection of Harbour Tolls


Appendix: Table of Harbour Toll Rates

(Promulgated by the State Council on October 22, 1985)

    Article 1  These Measures are formulated in order to speed up harbour
construction to meet the needs of economic development.

    Article 2  Harbour tolls shall be collected on the goods entering and
leaving the following harbours: Dalian, Yingkou, Qinhuangdao, Tianjin, Yantai,
Qingdao, Shijiu, Lianyungang, Shanghai, Ningbo, Wenzhou, Fuzhou, Xiamen,
Shantou, Guangzhou, Huangpu, Haikou, Basuo, Sanya, Zhanjiang, Beihai,
Fangcheng, Nanjing, Zhenjiang, Zhangjiagang and Nantong.

    Article 3  Compulsory payers (hereinafter referred to as the “payers”) of
harbour tolls shall be the consignors (or their agents) or the consignees (or
their agents).

    Article 4  For those goods entering and leaving the harbours listed in
Article 2 (including the imported and exported foreign trade goods being
transferred from harbour to harbour), harbour tolls shall be collected only
once, during the whole course of water transportation.

    Article 5  Collection of harbour tolls shall be conducted according to the
Table of Harbour Tolls Rates attached to these Measures.

    Article 6  The following goods shall be exempted from harbour tolls:

    (1) the goods which are exempted from harbour dues according to the Rules
for Collection of Harbour Dues promulgated by the Ministry of Communications;

    (2) the raw and processed materials needed in production and the products
being transported by enterprises on their own wharves;

    (3) the goods which are exempted from harbour tolls according to the Table
of Harbour Tolls Rates.

    Article 7  The Ministry of Communications shall be responsible for the
collection and control of harbour tolls. The harbour authorities or the cargo
handling companies in the harbour listed in Article 2 shall be agencies for
collecting harbour tolls. The agencies may entrust the collection of harbour
tolls to loading and unloading units on the water as well as other harbours
engaged in through-transport with the harbours listed in Article 2.

    Article 8  No separate bills shall be designed for the collection of
harbour tolls. The agencies and the entrusted collectors shall add the item of
harbour tolls in the existing bills for transport charges and collect harbour
tolls together with transport and sundry charges.

    The entrusted collectors shall settle accounts with, and hand over the sum
of money, to the agencies within 3 days of the receipt of harbour tolls and
must not withhold or divert the same to other uses.

    Article 9  The income from harbour tolls shall be deposited into a special
account of the Ministry of Communications. The agencies must open a special
account of harbour tolls for the Ministry of Communications at the local
Industrial and Commercial Bank of China and must deposit the collected funds
into the account within 3 days of the receipt and transfer it to the Ministry
of Communications every month. The agencies are only empowered to deposit and
transfer the funds collected and must not use it.
harbour construction. The use of the funds shall be arranged in a unified
manner by the Ministry of Communications according to the relevant
stipulations of the State.

    Article 11  The Ministry of Communications shall check on the toll
collection work of the agencies or the entrusted collectors.

    The agencies or entrusted collectors shall not fail to collect or wrongly
collect harbour tolls. If such mistakes occur, remedial steps must be taken
promptly.

    Article 12  If a payer does not pay harbour tolls in accordance with these
Measures, in addition to being ordered to pay the tolls in full, he shall,
depending on the circumstances, be subject to a fine of no more than 5 times
of the sum due.

    Article 13  If a dispute arises between a payer and an agency or an
entrusted collector over the payment of harbour tolls, the payer must pay the
tolls first according to the decision of the agency or entrusted collector and
then appeal to the Ministry of Communications for a reconsideration or
directly file a suit at a people’s court.

    Article 14  These Measures shall be interpreted by the Ministry of
Communications, which shall be responsible for formulating the rules for
implementation.

    Article 15  These Measures shall go into effect on January 1, 1986.

Appendix: Table of Harbour Toll Rates

    Table of Harbour Toll Rates


————————————————————————
|            |                              
|      Rate (Yuan/Ton)    |
|            |                              
|————————-|
|   Harbour  |            Goods              |        
Export          |
|            |                              
|————————-|
|            |                              
|Seaport | Four Changjiang|
|            |                              
|        | Harbours       |
|————|——————————-|——–|—————-|
|Dalian      |Petroleum (including crude oil)|  3.00  |      1.50      |
|Yingkou     |——————————-|——–|—————-|
|Qinhuangdao |                              
|        |                |
|Tianjin     |                              
|        |                |
|Yantai      |Coal (including coke), Iron and|        |                |
|Qingdao     |Steel(including pig iron),Metal|        |                |
|Shijiu      |Ores, Non-metal ores, Cement,  |  1.50  |      0.80      |
|Lianyungang |Timber, Chemical Fertilizer    |        |                |
|Shanghai    |                              
|        |                |
|Ningbo      |——————————-|——–|—————-|
|Wenzhou     |                              
|        |                |
|Fuzhou      |Mine Construction Materials,   |        |                |
|Xiamen      |Others                        
|  1.50  |      0.80      |
|Shantou     |——————————-|——–|—————-|
|Guangzhou   |                              
|        |                |
|Huangpu     |Grains, Salt                  
|  0.50  |      0.30      |
|Haikou      |——————————-|——–|—————-|
|Basuo       |                              
|        |                |
|Sanya       |Goods whose freight is         |        |                |
|Zhanjiang   |calculated by volume ton (M^3) |  0.50  |      0.30      |
|Beihai      |——————————-|——–|—————-|
|Fangcheng   |International      |          
|        |                |
|Nanjing     |Containerized      |   20 ft   | 12.50  |      6.30      |
|Zhenjiang   |Goods              |———–|——–|—————-|
|Nantong     |                  
|   40 ft   | 25.00  |     12.50      |
————————————————————————

————————————————————————
|            |     Rate (Yuan/Ton)    |                                |
|            |————————|                                |
|  Harbour   |       Import          
|             Remark            
|
|            |————————|                                |
|            |Seaport |Four Changjiang|                                |
|            |        |Harbours      
|                                |
|————|——–|—————|——————————–|
|Dalian      |        |              
|Domestic imports are exempt from|
|Yingkou     |  4.00  |     2.00      |harbour
tolls.                  |
|Qinhuangdao |——–|—————|——————————–|
|Tianjin     |        |              
|Domestic exports in the four    |
|Yantai      |        |              
|Changjiang harbours are exempt  |
|Qingdao     |  2.50  |     1.30      |from
harbour tolls except for   |
|Shijiu      |        |              
|petroleum (including crude oil) |
|Lianyungang |        |              
|and coal including coke).       |
|Shanghai    |        |              
|                                |
|Ningbo      |——–|—————|——————————–|
|Wenzhou     |        |              
|Domestic imports and exports are|
|Fuzhou      |  2.50  |     1.30      |exempt
from harbour tolls.      |
|Xiamen      |——–|—————|——————————–|
|Shantou     |        |              
|Domestic imports are exempt from|
|Guangzhou   |        |              
|tolls. So are domestic imports  |
|Huangpu     |  1.00  |     0.50      |and
exports in the four         |
|Haikou      |        |              
|Changjiang harbours.            |
|Basuo       |——–|—————|——————————–|
|Sanya       |        |              
|The scope of collection of or   |
|Zhanjiang   |  1.00  |     0.50      |exemption from
tolls shall be   |
|Beihai      |        |              
|determined by the above         |
|Fangcheng   |        |              
|categorization of goods.        |
|Nanjing     |——–|—————|——————————–|
|Zhenjiang   | 25.00  |    12.50      |Domestic imports and
exports are|
|Zhangjiagang|——–|—————|exempt from harbour tolls.      |
|Nantong     | 50.00  |    25.00      |                                |
————————————————————————


    Notes:

    1. The measures and conversion of weights of goods shall be handled
according to the rules for collecting harbour dues issued by the Ministry of
Communications.

    2. The harbour tolls for other containerized import and export shall be
calculated by 80% of their contents and the rate of 1.00 yuan/M^3 for import
and 0.50 Yuan/M^3 for export.

    3. The minimun harbour toll is 0.10 yuan.





PROVISIONAL MEASURES FOR THE ADMINISTRATION OF THE REPRODUCTION OF TRADEMARK

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL FOR TRANSMITTING THE REQUEST SUBMITTED BY THE CHINA NATIONAL PETROCHEMICALS CORPORATION AND THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE FOR INSTRUCTIONS ON CHECKING THE ACTIVITIES BY SOME UNITS IN THE COASTAL AREAS THAT TAKE ADVANTAGE OF REFUELLING AT SEA TO ENGAGE IN ILLEGAL TRANSACTION OF FOREIGN EXCHANGE

Category  BANKING Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1985-07-17 Effective Date  1905-07-17  


Circular of the General Office of the State Council for Transmitting the Request Submitted by the China National Petrochemicals Corporation
and the Ministry of Foreign Economic Relations and Trade for Instructions on Checking the Activities by Some Units in the Coastal
Areas That Take Advantage of Refuelling at Sea to Engage in Illegal Transaction of Foreign Exchange

Circular
Request of the China National Petrochemicals Corporation and the Ministry

(July 17, 1985)

Circular

    The State Council has approved the Request for Instructions on Checking,
the Activities by Some Units in the Coastal Areas That Take Advantage of
Refuelling at Sea to Engage in Illegal Transaction of Foreign Exchange, which
was submitted by the China National Petrochemicals Corporation and the
Ministry of Foreign Economic Relations and Trade and hereby transmits it to
you for you to act upon accordingly.

    Petroleum and its products are important means of production and export
materials, for which there shall be a unified policy and strengthened
administration. The activities by some units in the coastal areas of Guangdong
Province and of the Guangxi Zhuang Nationality Autonomous Region that take
advantage of refuelling at sea to engage in illegal transaction of foreign
exchange have not only caused economic losses to the State but also adversely
affected the normal petroleum business operations in the region encompassing
Hong Kong and Macao. Resolute measures shall therefore be adopted to check
these activities. The People’s Governments of Guongdong Province and the
Guangxi Zhuang Nationality Autonomous Region shall organize the units
concerned to earnestly investigate and rectify the situation and seriously
study and carry out the four measures put forward by the China National
Petrochemicals Corporation and the Ministry of Foreign Economic Relations and
Trade, which shall in turn send their personnel to assist the Province and the
Region in doing a good job of this work.
Request of the China National Petrochemicals Corporation and the Ministry
of Foreign Economic Relations and Trade for Instructions on Checking the
Activities by Some Units in the Coastal Areas That Take Advantage of
Refuelling at Sea to Engage in Illegal Transaction of Foreign Exchange
(Excerpts)

    Since the beginning of last year, the phenomenon has become extremely
striking in which some units and unlawful merchants take advantage of
refuelling at sea to engage in illegal transaction of foreign exchange. In
order to seek exorbitant profit, some units have, without authorization,
installed offshore filling points (or stations). Among these units, there
are commercial departments, departments for aquatic products, enterprises
jointly run by the special economic zones and the inland areas, offshore
petroleum service companies as well as enterprises run by rural people’s
communes and production brigades and teams.

    At present, such illegal activities are continuing to spread. Refuelling
at sea has been developed to the extent that not only fishing boats but also
oil tankers are involved and the fuels involved include not only diesel oil
for fishing boats but also kerosene. As a result of the speculative buying
and reselling on the part of unlawful merchants, such illegal activities have
developed to the extent that they are conducted not only at sea but also on
land and the amounts of foreign exchange involved are ceaselessly increasing.
In view of the above-stated situation, drastic measures must be adopted to
resolutely ban such illegal activities. Towards this end, we propose to adopt
the following 4 measures:

    1. Petroleum is an important means of production and export material and
it is therefore imperative to strengthen the administration in this respect.
From now on, the units that shall be enpost_titled to handle the business of
refuelling at sea shall be restricted to the sales companies affiliated to
the China National Petrochemicals Corporation or the associated units of
these sales companies and the China Vessel Fuel Supplying Corporation only
(and the fuels shall only be used for refuelling sea vessels and may not be
sold to any other units). No other units shall have a hand in the handling of
this business. It is imperative for units that are authorized to handle the
business to strengthen the administration in this respect, perfect their
management system, stop loopholes and make a special effort to prevent the
occurrence of the phenomenon in which fuels to be sold at listed prices are
sold at negotiated prices. The State Administration for Industry and Commerce
shall, in accordance with the above provisions, check up on the units engaged
in petroleum business in the offshore areas of Guangdong Province and of the
Guangxi Zhuang Nationality Autonomous Region. Any units that are found at
variance with the above provisions shall be resolutely banned and units that
are in conformity with the above provisions shall go through the procedures
of registration and be issued with business licences.

    2. With respect to the supply of fuels to fishing boats of the fishermen
with dual domicile in the coastal areas of Guangdong Province, fuels that are
supplied at listed prices shall be handled in accordance with the existing
procedures whereas high-price fuels shall, without exception, be paid in
foreign exchange. All the foreign exchange revenue therefrom shall be handed
over to the Bank of China to be changed into Renminbi. With respect to the
supply of fuels to fishing boats of inland fishermen and vessels for
communications and transportation (and, it is imperative to make a distinction
between vessels engaged in inland navigation and those engaged in ocean
transportation), the departments for aquatic products and the departments for
oil supply shall formulate supply procedures so as to prevent fuels from being
smuggled out.

    3. The supply prices of fuels to be used for refuelling fishing boats at
sea shall be exclusively administered by the China National Petrochemicals
Corporation. The various offshore filling stations shall in principle fix
their prices with reference to the prevailing market prices in Hong Kong and
Macao to be published daily by the local petroleum company. The China National
Petrochemicals Corporation shall make co-ordinations between the prevailing
oil market prices in Hong Kong and Macao and the negotiated prices of fuels to
be used for refuelling fishing boats at sea. No units may compete by lowering
selling prices.

    4. The State Administration for Industry and Commerce shall strengthen the
supervision and inspection of the offshore filling stations and the Customs
shall strengthen its anti-smuggling work.

    If there is nothing inappropriate with the above proposed measures, it is
hereby requested that they be approved and transmitted to the people’s
governments at various levels in the coastal areas and the units concerned
for implementation.





DECISION OF THE THIRD SESSION OF THE SIXTH NATIONAL PEOPLE’S CONGRESS ON AUTHORIZING THE STATE COUNCIL TO FORMULATE INTERIM PROVISIONS OR REGULATIONS CONCERNING THE REFORM OF THE ECONOMIC STRUCTURE AND THE OPEN POLICY

Category  LEGISLATION AND MISCELLANEOUS AFFAIRS Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1985-04-10 Effective Date  1985-04-10  


Decision of the Third Session of the Sixth National People’s Congress on Authorizing the State Council to Formulate Interim Provisions
or Regulations Concerning the Reform of the Economic Structure and the Open Policy

(Adopted at the Third Session of the Sixth National People’s Congress on

April 10, 1985)

    With a view to ensuring the smooth progress of the reform of the economic
structure and the implementation of the open policy, the Third Session of the
Sixth National People’s Congress has decided to authorize the State Council to
formulate, promulgate and implement, whenever necessary, interim provisions or
regulations concerning the reform of the economic structure and the open
policy in accordance with the Constitution without contravening the relevant
laws and the basic principles of the relevant decisions of the National
People’s Congress and its Standing Committee, and to report them to the
Standing Committee of the National People’s Congress for the record. These
provisions and regulations shall be made into law by the National People’s
Congress or its Standing Committee after they are tested in practice and when
conditions are ripe.





PROVISIONS OF THE STATE COUNCIL ON SEVERAL ISSUES CONCERNING THE IMPORT AND EXPORT OF TEXTILES

Category  FOREIGN TRADE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1985-01-08 Effective Date  1985-01-08  


Provisions of the State Council on Several Issues Concerning the Import and Export of Textiles



(Promulgated on January 8, 1985)

    The following provisions are formulated, in accordance with the spirit of
the economic restructuring of the country, in respect of several issues
concerning the import and export of textiles.

    1. In the exportation of textiles, it is advisable to combine industry with
trade; the combination may take various forms, of which the “Qingdao Textile
Unico.Ltd” is one; and enterprises may freely adopt other combinative forms.
From now on, case concerning the establishment of various forms of textile
industry and trade combination companies and other combination complexes or
production enterprises having direct links with foreign businesses in the open
coastal cities and municipalities under separate planning shall all be handled
and examined jointly by the departments of foreign economic relations and trade
and the departments of textile industry in the cities or municipalities where
the companies or enterprises are located; the cases shall, then, be submitted
to the municipal people’s government for examination and approval; and the
cases shall be further submitted to the people’s government of the province or
autonomous region and to the Ministry of Foreign Economic Relations and Trade
and the Ministry of Textile Industry for record.

    2. Issues concerning the export planning for textiles, foreign exchange,
earnings from exports, and the distribution of export quotas and the issuance
of import and export licences:

    (1) it is necessary to implement the principle of taking into consideration
the historical conditions as well as the importance of encouraging the
advanced, facilitating competition, selecting quality products for export, and
promoting combination; a specific distribution plan shall be worked out jointly
by the Ministry of Foreign Economic Relations and Trade and the Ministry of
Textile Industry, and shall be transmitted directly by the Ministry of Foreign
Economic Relations and Trade to the people’s governments of various provinces
(and/or autonomous regions, municipalities directly under the Central
Government), municipalities under separate planning, and the national
corporations undertaking export tasks; the distribution plan shall no longer,
be transmitted according to the subordinating relationship by the National
Textile Import and Export Corporation.

    (2) the departments of foreign economic relations and trade in various
regions shall, jointly with the departments of textile industry, work out the
local specific distribution plan in accordance with the aforesaid principle,
and then submit it to the people’s government at the same level for approval,
which shall then be transmitted through the office (or commission, bureau) of
foreign economic relations and trade to various branch offices of the textile
import and export corporations, the industry and trade combination companies,
textile industry companies that undertake export tasks assigned by the state,
and combination complexes and production enterprises vested with the external
operating rights.

    (3) in the course of implementation, the department of foreign economic
relations and trade shall strengthen administration. The racketeering in export
quotas and import and export licences shall be strictly banned; and the
offender shall be dealt with seriously.

    (4) trade conducted between countries at the state level in accordance with
relevant agreements shall be carried out by the national import and export
corporations by organizing the relevant branch offices of foreign trade
corporations, industry and trade combination companies, and production
enterprises in holding business negotiations with foreign businesses and
concluding relevant transactions.

    3. The key to expanding the export of textiles and bettering the quality of products lies in bringing into
play the initiative of production enterprises
and in actually devolving the power to them, so that the production enterprises
may sharpen their sensitivity towards and clarity about the international
market, thereby heightening their competitiveness. At the same time, it is
essential to bring into full play the role of various branch offices of foreign
trade corporations, of various companies situated at ports, and of various
industry and trade combination companies. From now on, the National Textile
Import and Export Corporation shall devote its attention to doing a better job
in providing information and consultancy services; it may also handle directly
a portion of the import and export business operations.

    The industry and trade combination companies and production enterprises,
which have obtained, with approval, the right to operate in foreign trade,
shall enjoy the same treatment as the textile import and export corporations in
such aspects as export quota, import and export licence, and the right to
handle import and export business; and shall also have the right to export all
commodities within the scope of business operations of their own companies
(including the right to export the two kinds of yarns and the two kinds of
cloth, but they must carry on the unified provisions formulated by the State
Council), and the right to import various kinds of raw materials required by
their companies in production (not including such kinds of raw materials as
terylene and poly acrylonitrile fibre; however, in order to develop new
varieties of commodities, to guarantee the quality of products, and to meet the
urgent needs of production, they may, with the approval of the Ministry of
Textile Industry and the Ministry of Foreign Economic Relations and Trade,
import a small quantity of such raw materials), as well as dyestuffs, chemical
and auxiliary materials, and the right to act as an agent for the exportation
of the commodities within their scope of business operations. Those companies
and enterprises with the necessary qualifications may, after obtaining the
approval in accordance with the provisions of the state, accredit
representatives abroad or establish business offices there to conduct studies
and investigations and to promote the sale of their products.

    With respect to textiles under the scheme of agency in foreign trade, the
export quota and the export licence shall be issued, along with the production
task, to the production enterprises. The production enterprises shall have the
right to select their agents by themselves and may take part in business
negotiations with foreign firms. The agents shall be responsible for concluding
contract, and, at the same time, offer satisfactory services and consultancy,
and collect service charges according to the stipulations.

    From now on, with respect to those industry and trade combination companies
and production enterprises that are vested with the right to operate in
foreign trade, the state will mainly evaluate their fulfilment of the task of
foreign exchange earnings from exports, and make statistics concerning the
level of foreign exchange earnings and the costs in terms of foreign exchange,
in order to select from among them the more successful companies and
enterprises for future arrangement.

    4. With a view to changing the existing financial structure, that is
“everybody eating from the common pot”, under which the state takes the sole
responsibility for gains and losses, various types of industry and trade
combination companies and enterprises that manufacture textile goods for export
shall follow the principle of settling the accounts for imported raw materials
in accordance with the international price level, and pay the Customs duties
and the product tax according to the regulations when they are imported; then,
after the products are exported, the portion of import Customs duties and the
product tax already paid shall be refunded annually on the basis of the actual
quantity of raw materials used in the exported products, and, at the same time,
the product tax or the value added tax in the process of production shall also
be refunded; by so doing they shall take the sole responsibility for gains and
losses themselves.

    5. After liberalizing the business operations in the export of textiles,
the Ministry of Foreign Economic Relations and Trade shall play the role of
overall administration of foreign economic relations and trade of the country:
strengthening the administration at home in accordance with its competence and
duty prescribed by the State Council, setting ceiling prices for the imported
raw materials used in the production of textiles and floor prices for the
export textiles, and providing promptly information concerning the
international market. All the textile import and export corporations, industry
and trade combination companies, combination complexes and production
enterprises vested with the external operating rights, shall conduct their
business operations in accordance with the unified policies governing China’s
foreign economic relations and trade.?






INTERIM REGULATIONS ON THE ADMINISTRATION OF TOURIST AGENCIES

Category  TOURISM Organ of Promulgation  The State Council Status of Effect  Invalidated
Date of Promulgation  1985-05-11 Effective Date  1985-05-11 Date of Invalidation  1996-10-15


Interim Regulations on the Administration of Tourist Agencies



(Promulgated by the State Council on May 11, 1985)(Editor’s Note: These

Interim Regulations have been annulled by Regulations on the Administration
of Tourist Agencies promulgated on October 15, 1996)

    Article 1  These Regulations are formulated to strengthen the
administration of tourist agencies, to protect the lawful rights and interests
of tourists, and to promote the development of the tourist industry.

    Article 2  “Tourist agencies” (or tourist companies, or other similar
organizations of the same nature; the same below) refer to those enterprises
which are established according to law, have the status of legal persons, are
engaged in soliciting and receiving tourists and in organizing tourist
activities, and conduct business accounting independently.

    Article 3  Tourist agencies shall, in accordance with the principle of
expanding the friendly contacts among peoples, enriching the socialist
cultural life and promoting the prosperity of socialist tourist economy,
conduct operational activities for the advancement of socialist spiritual
civilization and material civilization.

    Article 4  The tourism administration department shall, in its
administration of tourist agencies, adopt the policy of unified leadership,
graded administration, and decentralized operations.

    Article 5  The following terms used in these Regulations, except as
otherwise provided in the articles of these Regulations, shall convey the
meanings as defined below:

    (1) “Solicit” refers to the efforts made by a tourist agency in carrying
out publicity and promotion activities both at home and abroad, as well as the
organizational work so involved, in accordance with the scope of business
approved by the competent authorities.

    (2) “Receive” refers to the operational activities of a tourist agency
which, at the request of tourists, include making travel plans and
arrangements for meals, accommodation, transportation and sightseeing.

    (3) “Tourism administration department” refers to the National Tourism
Administration and the tourism bureaus in various provinces, autonomous
regions, and municipalities directly under the Central Government, as well as
the corresponding administrative organs in municipalities and counties.

    Article 6  Tourist agencies shall be divided into three categories
according to the scope of their business:

    Category 1: Tourist agencies that handle such business as both soliciting
tourists abroad and making arrangements for foreigners, overseas Chinese,
compatriots from Hong Kong, Macao and Taiwan to come to China, or to return to
China or China’s inland, for a visit or sightseeing.

    Category 2: Tourist agencies that do not solicit tourists abroad, but
handle such tourist business as making travel arrangements for those
foreigners, overseas Chinese, compatriots from Hong Kong, Macao and Taiwan,
who are received by tourist agencies of Category 1 or by other departments
with relevance to external affairs.

    Category 3: Tourist agencies that handle domestic tourist business for
Chinese citizens.

    Article 7  Tourist agencies of Category 1 and Category 2 may register and
commence operations only under the following prerequisites:

    (1) having articles of association for the tourist agency to be
established, which are in conformity with the State plovisions;

    (2) having a definite organization and a legal representative, a fixed
site for setting up an office and for conducting business operations, and the
necessary communication facilities;

    (3) tourist agencies that handle such tourist business as both soliciting
and receiving tourists abroad shall have a registered capital of RMB 500,000
yuan or more; tourist agencies that handle only reception business shall have
a registered capital of RMB 250,000 yuan or more;

    (4) having the organizing ability to provide tourists with such services
as meals, accommodation and transportation, and such services are up to the
standard; and

    (5) having a contingent of managerial and operational personnel who can
guarantee the quality standard of various services, can conduct normal
business operations, and are familiar with tourist business; and having a
contingent of interpreters and tourist guides who have passed qualifications
examinations.

    Article 8  Tourist agencies of Category 3 may register and commence
operations only under the following prerequisites:

    (1) having articles of association for the tourist agency to be
established, which are in conformity with the State provisions;

    (2) having a fixed site for setting up an office and for conducting
business operations;

    (3) having a registered capital of RMB 30,000 yuan or more;

    (4) having the organizing ability to provide, within their scope of
business, the tourists with various services that meet the standard service
requirements; and

    (5) having a contingent of administrative and service personnel who are
familiar with tourist business.

    Article 9  Those who wish to establish tourist agencies of Category 1, in
a local area, shall submit an application to the tourism bureau of the
province, autonomous region, or municipality directly under the Central
Government where their tourist agencies are located, and the application shall
be transmitted to the National Tourism Administration for examination and
approval; if such a tourist agency is to be established by a department at the
central level, the application shall be submitted to the National Tourism
Administration for examination and approval.

    The tourist agencies mentioned in the preceding paragraph shall, after
obtaining the approval from the tourism administration department, go through
the application and registration procedures in accordance with the State
provisions concerning the administration of industry and commerce, and start
their business operations only after their applications have been verified and
approved and the business licences have been issued to them.

    Article 10  Those who wish to establish tourist agencies of Category 2, in
a local area, shall have their applications examined and approved by the
tourism bureau of the province, autonomous region, or municipality directly
under the Central Government where their tourist agencies are located; if such
a tourist agency is to be established by a department at the central level,
the application shall be submitted to the National Tourism Administration for
examination and approval.

    The tourist agencies mentioned in the preceding paragraph shall, after
obtaining the approval from the tourism administration department, go through
the application and registration procedures in accordance with the State
provisions concerning the administration of industry and commerce, and start
their business operations only after their applications have been verified and
approved and the business licences have been issued to them.

    Article 11  Those who wish to establish tourist agencies of Category 3
shall start their business operations only after their applications have been
examined and approved by the local tourism administration department, and have
been verified and approved for registration by the local administrative
department for industry and commerce, and the business licences have been
issued to them.

    Article 12  In the event that tourist agencies of Category 1 wish to
establish or withdraw their representative business offices abroad or in the
regions of Hong Kong and Macao, they must report to the National Tourism
Administration for examination and approval.

    Article 13  Foreign tourist agencies, and tourist agencies in the regions
of Hong Kong and Macao, shall not be permitted to establish their
representative business offices in China without the approval from the
National Tourism Administration. Their representative business offices, after
being established with approval, shall not be permitted to handle such
tourist business as soliciting and receiving tourists.

    Article 14  The basic duties of tourist agencies shall be as follows:

    (1) to conclude and sign contracts or agreements with the operating units
concerned, and to handle tourist business in accordance with the laws and
regulations of the State and the principles and policies for tourist industry;

    (2) to draw up touring itineraries and to conduct soliciting activities in
accordance with the unified plan and the market demands;

    (3) to make arrangements for meals, accommodation, transportation, and
sightseeing in accordance with the itineraries selected by tourists;

    (4) to provide tourists with the necessary services of interpreters and
tourist guides;

    (5) to improve operations and management, to raise the quality of service,
to listen to the criticisms and suggestions by tourists, and to investigate
and handle violators of rules and regulations by personnel of their own units;
and

    (6) to handle commission business relating to tourism.

    Article 15  With respect to business contacts between tourist agencies and
such business departments as airlines, railways, transportation, hotels and
restaurants, and automobile companies, or the business contacts between
tourist agencies, the parties concerned shall, in accordance with the
provisions of the Law of the People’s Republic of China on Economic Contracts,
conclude and sign a certain form of economic agreement or contract, on the
basis of the principle of equality and mutual benefit, reaching unanimity
through consultation, exchange at equal value and offering services with
remunerations.

    Article 16  Tourist agencies shall strictly abide by the laws and
regulations of the State, implement the principles and policies relating to
tourism, strengthen the system of financial administration, and pay taxes and
other fees according to pertinent provisions.

    Article 17  Tourist agencies shall strengthen the education on complying
with discipline and laws, and on professional ethics, among their employees,
and lay great stress on professional training, in order to unceasingly improve
the quality of the employees to meet the needs of the development of tourism.

    Article 18  Tourist agencies and their workers and staff members shall not
be permitted to seek and accept commission or other remuneration. Stores that
sell tourist articles and catering units shall not be permitted to pay
commission or other remuneration to tourist agencies or their workers and
staff members. The competent authorities shall impose necessary administrative
and disciplinary sanctions on those who have violated the aforesaid provisions.

    Article 19  Tourist agencies shall accept the administration, guidance,
supervision and investigation by the departments respectively in charge of
tourism, commodity prices, and taxation, and by the administrative department
for industry and commerce.

    Article 20  In case a tourist agency wishes to wind up its business
operations, it shall submit an application to the tourism administration
department and the administrative department for industry and commerce and go
through the procedures for cancellation of its registration.

    Article 21  Tourist agencies and the individuals of their workers and
staff members that have carried out the provisions of these Regulations
conscientiously, and have made important contributions to the improvement of
operations and management, or to the improvement of the quality standard of
services, shall be duly awarded by the tourism administration department.

    Article 22  With respect to those who have violated the provisions of
these Regulations and conducted tourist business operations presumptuously
without the approval by the competent authorities, and without going through
the procedures for registration, and those who, without authorization, have
transferred their business licences to others, have cheated tourists, or have
sought profits by illegal means, the tourism administration department shall,
depending on the seriousness of the case, impose a fine on the managerial
personnel of the tourist agency concerned or on the person directly held
responsible or order the tourist agency concerned to cease its business
operations for rectification; with respect to serious cases, the
administrative department for industry and commerce shall confiscate the
illegal gains of the violator(s), revoke his/her/its/their business
licence(s), and order the violator(s) to cease business operations.

    Article 23  The right to interpret these Regulations shall reside in the
National Tourism Administration.

    Article 24  These Regulations shall go into effect on the date of
promulgation.

                                                                          






LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON CONTROL OF THE ENTRY AND EXIT OF ALIENS

19851122The Standing Committee of the National People’s Congress

The Standing Committee of the National People’s Congress

Law of the People’s Republic of China on Control of the Entry and Exit of Aliens

Order No. 31 [1985] of President

November 22, 1985

(Adopted at the 13th Meeting of the Standing Committee of the Sixth National People’s Congress , Promulgated by Order No. 31 of the
President of the People’s Republic of China on November 22, 1985 , And effective as of February 1, 1986)

ContentsChapter I General Provisions

Chapter II Entry into the Country

Chapter III Residence

Chapter IV Travel

Chapter V Exit from the Country

Chapter VI Administrative Organs

Chapter VII Penalties

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated with a view to safeguarding the sovereignty of the People’s Republic of China, maintaining its security and
public order and facilitating international exchange.

This Law is applicable to aliens entering, leaving and transiting the territory of the People’s Republic of China and to those residing
and travelling in China.

Article 2

Aliens must obtain the permission of the competent authorities of the Chinese Government in order to enter, transit or reside in China.

Article 3

For entry, exit and transit, aliens must pass through ports open to aliens or other designated ports and must be subject to inspection
by the frontier inspection offices.

For entry, exit and transit, foreign-owned means of transport must pass through ports open to aliens or other designated ports and
must be subject to inspection and supervision by the frontier inspection offices.

Article 4

The Chinese Government shall protect the lawful rights and interests of aliens on Chinese territory.

Freedom of the person of aliens is inviolable. No alien may be arrested except with the approval or by decision of a people’s procuratorate
or by decision of a people’s court, and arrest must be made by public security organ or state security organ.

Article 5

Aliens in China must abide by Chinese laws and may not endanger the state security of China, harm public interests or disrupt public
order.

Chapter II Entry into the Country

Article 6

For entry into China, aliens shall apply for visas from Chinese diplomatic missions, consular offices or other resident agencies abroad
authorized by the Ministry of Foreign Affairs. In specific situations aliens may, in compliance with the provisions of the State
Council, apply for visas to visa-granting offices at ports designated by the competent authorities of the Chinese Government.

The entry of nationals from countries having visa agreements with the Chinese Government shall be handled in accordance with those
agreements.

In cases where another country has special provisions for Chinese citizens entering and transiting that country, the competent authorities
of the Chinese Government may adopt reciprocal measures contingent on the circumstances.

Visas are not required for aliens in immediate transit on connected international flights who hold passenger tickets and stay for
no more than 24 hours in China entirely within airport boundaries. Anyone desiring to leave the airport temporarily must obtain permission
from the frontier inspection office.

Article 7

When applying for various kinds of visas, aliens shall present valid passports and, if necessary, provide pertinent evidence.

Article 8

Aliens who have been invited or hired to work in China shall, when applying for visas, produce evidence of the invitation or employment.

Article 9

Aliens desiring to reside permanently in China shall, when applying for visas, present status-of-residence identification forms. Applicants
may obtain such forms from public security organs at the place where they intend to reside.

Article 10

The competent authorities of the Chinese Government shall issue appropriate visas to aliens according to the purposes stated in their
entry applications.

Article 11

When an aircraft or a vessel navigating international routes arrives at a Chinese port, the captain or his agent must submit a passenger
name list to the frontier inspection office; a foreign aircraft of vessel must also provide a name list of its crew members.

Article 12

Aliens who are considered a possible threat to China’s state security and public order shall not be permitted to enter China.

Chapter III Residence

Article 13

For residence in China, aliens must possess identification papers or residence certificates issued by the competent authorizes of
the Chinese Government.

The term of validity of identification papers or residence certificates shall be determined according to the purposes of entry.

Aliens residing in China shall submit their certificates to the local public security organs for examination within the prescribed
period of time.

Article 14

Aliens who, in compliance with Chinese laws, find it necessary to establish prolonged residence in China for the purpose of investing
in China or engaging in cooperative projects with Chinese enterprises or institutions in the economic, scientific, technological
and cultural fields, or for other purposes, are eligible for prolonged or permanent residence in China upon approval by the competent
authorities of the Chinese Government.

Article 15

Aliens who seek asylum for political reasons shall be permitted to reside in China upon approval by the competent authorities of the
Chinese Government.

Article 16

Aliens who fail to abide by Chinese laws may have their period of stay in China curtailed or their status of residence in China annulled
by the competent authorities of the Chinese Government.

Article 17

For a temporary overnight stay in China, aliens shall complete registration procedures pursuant to the relevant provisions.

Article 18

Aliens holding residence certificates who wish to change their place of residence in China must complete removal formalities pursuant
to the relevant provisions.

Article 19

Aliens who have not acquired residence certificates or who are on a study programme in China may not seek employment in China without
permission of the competent authorities of the Chinese Government.

Chapter IV Travel

Article 20

Aliens who hold valid visas or residence certificates may travel to places open to aliens as designated by the Chinese Government.

Article 21

Aliens desiring to travel to places closed to aliens must apply to local public security organs for travel permits.

Chapter V Exit from the Country

Article 22

For exit from China, aliens shall present their valid passports or other valid certificates.

Article 23

Aliens belonging to any of the following categories shall not be allowed to leave China:

(1)

defendants in criminal cases or criminal suspects confirmed by a public security organ, a people’s procuratorate or a people’s court;

(2)

persons who, as notified by a people’s court, shall be denied exit owing to involvement in unresolved civil cases; and

(3)

persons who have committed other acts in violation of Chinese law who have not been dealt with and against whom the competent authorities
consider it necessity to institute prosecution.

Article 24

Frontier inspection offices shall have the power to stop aliens belonging to any of the following categories from leaving the country
and to deal with them according to law:

(1)

holders of invalid exit certificates;

(2)

holders of exit certificates other than their own; and

(3)

holders of forged or altered exit certificates.

Chapter VI Administrative Organs

Article 25

China’s diplomatic missions, consular offices and other resident agencies abroad authorized by the Ministry of Foreign Affairs shall
be the Chinese Government’s agencies abroad to handle aliens’ applications for entry and transit.

The Ministry of Public Security, its authorized local public security organs, the Ministry of Foreign Affairs and its authorized local
foreign affairs departments shall be the Chinese Government’s agencies in China to handle aliens’ applications for entry, transit,
residence and travel.

Article 26

The authorities handling aliens’ applications for entry, transit, residence and travel shall have the power to refuse to issue visas
and certificates or to cancel visas and certificates already issued or declare them invalid.

The Ministry of Public Security and the Ministry of Foreign Affairs may, when necessary, alter decisions made by their respectively
authorized agencies.

Article 27

An alien who enters or resides in China illegally may be detained for examination or be subjected to residential surveillance or deportation
by a public security organ at or above the county level.

Article 28

While performing their duties, foreign affairs police of the public security organs at or above the county level shall have the power
to examine the passports and other certificates of aliens. When conducting such examinations, the foreign affairs police shall produce
their own service certificates, and relevant organizations or individuals shall have the duty to offer them assistance.

Chapter VII Penalties

Article 29

If a person, in violation of the provisions of this Law, enters or leaves China illegally, establishes illegal residence or makes
an illegal stopover in China, travels to places closed to aliens without a valid travel document, forges or alters an entry or exit
certificate, uses another person’s certificate as his own or transfers his certificate, he may be penalized by a public security
organ at or above the county level with a warning, a fine or detention for not more than ten days. If the circumstances of the case
are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the law.

If an alien subject to a fine or detention by a public security organ refuses to accept the penalty, he may, within 15 days of receiving
notification, appeal to the public security organ at the next higher level, which shall make the final decision; he may also directly
file suit in the local people’s court.

Article 30

In cases where a person commits any of the acts stated in Article 29 of this Law, if the circumstances are serious, the Ministry
of Public Security may impose a penalty by ordering him to leave the country within a certain time or may expel him from the country.

Chapter VIII Supplementary Provisions

Article 31

For the purposes of this Law the term “alien” means any person not holding Chinese nationality according to the Nationality Law of
the People’s Republic of China.

Article 32

Transitory entry into and exit from China by aliens who are nationals of a country adjacent to China and who reside in areas bordering
on China shall be handled according to any relevant agreements between the two countries or, in the absence of such agreements, according
to the relevant provisions of the Chinese Government.

Article 33

The Ministry of Public Security and the Ministry of Foreign Affairs shall, pursuant to this Law, formulate rules for its implementation,
which shall go into effect after being submitted to and approved by the State Council.

Article 34

Affairs concerning members of foreign diplomatic missions and consular offices in the People’s Republic of China and other aliens
who enjoy diplomatic privileges and immunities, after their entry into China, shall be administered in accordance with the relevant
provisions of the State Council and its competent departments.

Article 35

This Law shall enter into force as of February 1, 1986.



 
The Standing Committee of the National People’s Congress
1985-11-22

 






123...7Page 1 of 7

CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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