1991

PROVISIONAL RULES ON INSPECTION OF PACKING FOR DANGEROUS EXPORT GOODS TRANSPORTED BY SEA

REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF FOREIGN BANKS AND CHINESE-FOREIGN EQUITY JOINT BANKS IN THE SPECIAL ECONOMIC ZONES

19940401

The State Council

Regulations of the People’s Republic of China for the Administration of Foreign Banks and Chinese-foreign Equity Joint Banks in the
Special Economic Zones

the State Council

April 2, 1985

Article 1

These Regulations are formulated with a view to expanding international economic and financial co-operation, facilitating the inflow
of foreign capital and the introduction of technology and promoting growth of the special economic zones.

Article 2

The term “foreign-funded banks” referred to in these Regulations means the branch banks established in the special economic zones
by banks with foreign capital whose head offices are based in foreign countries or in Hong Kong and Macao regions and are registered
in accordance with the laws of these localities as well as banks with foreign capital whose head offices are based in the special
economic zones and are registered in accordance with the laws of the People’s Republic of China.

The term “Chinese-foreign equity joint banks” referred to in these Regulations means banks jointly funded and operated in the special
economic zones by banks and financial institutions with foreign capital and banks and financial institutions with Chinese capital.

Article 3

foreign-funded banks and Chinese-foreign equity joint banks shall abide by the laws and regulations of the People’s Republic of China
and their legitimate business activities and lawful rights and interests shall be protected by the laws of the People’s Republic
of China.

Article 4

To establish in a special economic zone a foreign bank or a Chinese-foreign equity joint bank, an application shall be filed with
the People’s Bank of China, which shall examine and approve the application based on the needs of growth of the special economic
zones and on the basis of the principle of equality and mutual benefit.

The branch banks of the People’s Bank of China in the special economic zones shall exercise administration and supervision over the
foreign-funded banks and Chinese-foreign equity joint banks.

The State Administration of Foreign Exchange Control shall be responsible for the issuance of the licence for business operations
in foreign exchange.

Article 5

Application for the establishment of a foreign bank or a Chinese-foreign equity joint bank shall be handled in accordance with the
following provisions respectively:

1.

If a bank with foreign capital intends to establish a branch bank in a special economic zone, the head office of the bank shall file
the application and submit the following documents and data:

(1)

a written application duty signed by the chairman of the board of directors or the general manager with the authorization of the board
of directors and certified by a notary office, containing such information as the name of the intended branch bank, the amount of
operating funds allocated by the head office, the curriculum vitae of the principal persons in charge and letters of authorization,
and the types of business operations applied for;

(2)

articles of association of the head office of the bank, the composition of the board of directors, the balance sheets, statements
of profit and loss, and reports of business position for the three years prior to the application for the establishment of the branch
bank;

(3)

a copy of the business licence verified and issued by the competent authorities in the country or region where the bank is located;
and

(4)

letters of undertaking issued by the head office of the bank assuming the tax and debt repayment obligations for the intended branch
bank.

2.

For the establishment of the head office of a foreign bank in a special economic zone, the foreign investors concerned shall file
the application and submit the following documents and data:

(1)

a written application for the establishment of the foreign bank, containing such information as the name of the head office of the
foreign bank, the registered capital and the paid-in capital, a list of the principal persons in charge and the types of business
operations applied for;

(2)

articles of association;

(3)

a list of the candidates for the board of directors, including its chairman and vice-chairmen, and the directors nominated by the
investors; and

(4)

data about the status of the assets and liabilities of the investors attached with documents certified by a notary office.

3.

For the establishment of a Chinese-foreign equity joint bank in a special economic zone, all investing parties thereto shall jointly
file the application and submit the following documents and data:

(1)

a written application for the establishment of the equity joint bank, containing such information as the name of the equity joint
bank, the name of each of the investing parties thereto, the registered capital and the paid-in capital, the percentage of capital
contribution by each of the investing parties, a list of the candidates for the principal persons in charge and the types of business
operations applied for;

(2)

a feasibility study report jointly prepared by all the investing parties thereto;

(3)

the draft agreement, contract and articles of association of the equity joint bank initialled by the authorized representatives of
the respective investing parties thereto; and

(4)

a list of the candidates for the board of directors, including its chairman and vice-chairmen, jointly nominated by all the investing
parties thereto.

4.

Where foreign-funded banks and Chinese-foreign equity joint banks established in the special economic zones intend to establish separate
branch offices in the special economic zones, the application shall be filed with branch banks of the People’s Bank of China in the
special economic zones for approval.

If any of the documents and data referred to in paragraph 1 of this Article is written in a foreign language, they shall be attached
with a Chinese version.

Article 6

The People’s Bank of China shall, based on the application of a foreign bank or a Chinese-foreign equity joint bank, grant approval
for the bank concerned to engage in part or all of the following business operations:

1.

loans in the domestic currency and in foreign currencies and discount of negotiable instruments;

2.

inward remittances from foreign countries or from Hong Kong and Macao regions and collection of foreign exchange;

3.

settlement for export transactions, and mortgage in foreign currency;

4.

exchange of foreign currencies and of negotiable instruments in foreign currencies;

5.

investment in the domestic currency or in foreign currencies;

6.

gurantees of the domestic currency and foreign currencies;

7.

deals in stocks and securities;

8.

trust and safe deposit box services, credit and financial standing investigations and consultancy services;

9.

outward remittances by enterprises with overseas Chinese capital, foreign-capital enterprises, Chinese-foreign equity joint ventures
and Chinese-foreign contractual joint ventures and settlement for their import transactions, and mortgage in foreign currency;

10.

deposits in the domestic currency and in foreign currencies and overdrafts by enterprises with overseas Chinese capital, foreign-capital
enterprises, Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures and by foreigners, overseas Chinese
and compatriots from Hong Kong and Macao;

11.

handling deposits or loans in foreign exchange in foreign countries or in Hong Kong and Macao regions; and

12.

other business operations.

Article 7

The registered capital of the head office of a foreign bank or a Chinese-foreign equity joint bank established in a special economic
zone shall be no less than Renminbi 80 million yuan in equivalent foreign exchange and the paid-in capital thereof shall be no less
than 50 percent of the registered capital; a branch bank of a foreign bank established in a special economic zone must possess an
operating fund allocated by its head office amounting to no less than Renminbi 40 million yuan in equivalent foreign exchange.

The paid-in capital and the operating funds of a foreign bank or a Chinese-foreign equity joint bank shall be raised in full within
30 days following the day on which its establishment is approved and shall then be audited and verified by a registered accountant
of the People’s Republic of China.

Article 8

A foreign bank or a Chinese-foreign equity joint bank shall, within 30 days following the day on which its establishment is approved,
go through the procedures of registration with the administrative department for industry and commerce and obtain a business licence
and shall, within 30 days following the day of the commencement of its business operations, go through the procedures of tax registration
with the local tax authorities.

Where a foreign bank or a Chinese-foreign equity joint bank fails to commence its business operations within 12 months following the
day on which its establishment is approved, the original document of approval shall automatically become null and void.

Article 9

The total amount of loans granted by the head office of a foreign bank or by a Chinese-foreign equity joint bank in a special economic
zone to any enterprise in the special economic zone shall not exceed 30 percent of the total sum of its paid-in capital plus its
reserve funds and the total amount of investment in the special economic zones shall not exceed 30 percent of the total sum of its
paid-in capital plus its reserve funds.

Article 10

The business operations in exchange and settlement between the domestic currency and foreign currencies of a foreign bank or of a
Chinese-foreign equity joint bank shall be handled in accordance with the rates of exchange quoted by the State Administration of
Foreign Exchange Control and with other relevant provisions.

The rates of interest with respect to the various kinds of deposits, loans, overdrafts and discount of negotiable instruments in the
domestic currency or in foreign currencies handled in the special economic zones by a foreign bank or by a Chinese-foreign equity
joint bank may be fixed with reference to the rates of interest prescribed by the branch banks of the People’s Bank of China in the
special economic zones.

Article 11

A foreign bank or a Chinese-foreign equity joint bank that handles various deposits in the domestic currency or in foreign currencies
in the special economic zones shall place deposit reserve funds with the branch banks of the People’s Bank of China in the special
economic zones.

Article 12

foreign-funded banks and Chinese-foreign equity joint banks shall submit to the blanch banks of the People’s Bank of China in the
special economic zones the following reports and statements of business operations:

1.

prior to the 10th of each month, the balance sheet of the previous month shall be submitted;

2.

prior to the 15th of the first month of each quarter, a breakdown of deposits and loans, a breakdown of outward and inward remittances
and settlement for import and export transactions, and a breakdown of investment projects of the previous quarter shall be submitted;
and

3.

prior to the end of March of each year, the balance sheet, the statement of profit and loss and the statement of account balance of
the previous year shall be submitted, attached with an audit report presented by a registered accountant of the People’s Republic
of China.

Article 13

The branch banks of the People’s Bank of China in the special economic zones shall have the right to examine the position of business
operations and financial status of the foreign-funded banks and Chinese-foreign equity joint banks, require them to submit or provide
the related information and the relevant data, and send persons to examine their account books and files.

Article 14

A foreign bank may remit abroad the profit that remains after tax has been paid in accordance with the law.

The head office of a foreign bank or a Chinese-foreign equity joint bank established in a special economic zone shall, in accordance
with the relevant provisions, draw the reserve fund, the staff bonus fund, the welfare fund and the enterprise development fund from
its after-tax profit. The portion of the profit distributed to investors from abroad may be remitted abroad.

Foreign staff and staff from Hong Kong and Macao regions of a foreign bank or of a Chinese-foreign equity joint bank may remit abroad
their salaries and other legitimate income that remain after tax has been paid in accordance with the law.

Article 15

A foreign bank or a Chinese-foreign equity joint bank that is to terminate its business operations shall, 30 days prior to the termination
thereof, submit a written report to the People’s Bank of China for approval.

A foreign bank or a Chinese-foreign equity joint bank that is to suspend its business operations shall, in accordance with the provisions
of the People’s Republic of China concerning the dissolution and liquidation of foreign-capital enterprises and Chinese-foreign equity
joint ventures and under the supervision of the branch bank of the People’s Bank of China in the special economic zone and other
relevant departments, conduct its liquidation. After the taxes have been paid in full and liabilities have been settled, the funds
of the foreign bank or the fund owned by or distributed to investors from abroad in a Chinese-foreign equity joint bank may be remitted
abroad.

Upon the completion of liquidation as referred to in the preceding paragraph, the foreign bank or Chinese-foreign equity joint bank
shall approach the registration and licence-issuing authorities for the cancellation of its registration and business licence.

Article 16

In the case where a foreign-funded bank or a Chinese-foreign equity joint bank violates these Regulations or any other financial regulations,
the branch banks of the People’s Bank of China in the special economic zones shall have the right to issue a warning or impose a
fine on it in the light of the seriousness of the case. In case of disagreement with the penalty, an appeal may be brought before
the People’s Bank of China for its ruling.

If a foreign-funded bank or a Chinese-foreign equity joint bank violates the laws and regulations to an especially serious extent,
the People’s Bank of China may order it to suspend its business operations or shall, in an extreme case, order it to be disbanded.

Article 17

These Regulations shall also apply to banks and financial institutions with overseas Chinese capital or with capital from Hong Kong
and Macao regions.

Article 18

The People’s Bank of China shall be responsible for the interpretation of these Regulations.

Article 19

These Regulations shall enter into force as of the date of promulgation.



 
The State Council
1985-04-02

 







RULES FOR IMPLEMENTATION OF THE PATENT LAW

Category  INTELLECTUAL PROPERTY RIGHT Organ of Promulgation  The State Council Status of Effect  With An Amendment Existing
Date of Promulgation  1985-01-19 Effective Date  1985-04-01  


Rules for Implementation of the Patent Law of the People’s Republic of China

Chapter I  General Provisions
Chapter II  Application for Patent
Chapter III  Examination and Approval of Patent Applications
Chapter IV  Invalidation of Patent Right
Chapter V  Compulsory License for Exploitation of a Patent
Chapter VI  Rewards to Inventor or Designer of Job-Related
Chapter VII  Patent Administrative Authorities
Chapter VIII  Patent Register and Patent Gazette
Chapter IX  Fees
Chapter X  Supplementary Provisions

(Approved by the State Council and promulgated by the Patent Office of

the People’s Republic of China on January 19, 1985) (Editor’s Note: For the
revised text, see Rules for Implementation of the Patent Law of the People’s
Republic of China approved and amended by the State Council on December 12,
1992 and promulgated by Decree No.3 of the Patent Office of the People’s
Republic of China on December 21, 1992)
Chapter I  General Provisions

    Article 1  These Rules are formulated in accordance with the provisions
of Article 68 of the Patent Law of the People’s Republic of China (hereinafter
referred to as “the Patent Law”).

    Article 2  “Invention” in the Patent Law means any new technical solution
relating to a product, a process or an improvement thereof.

    “Utility model” in the Patent Law means any new technical solution
relating to the shape, the structure, or their combination, of a product,
which is fit for practical use.

    “Design” in the Patent Law means any new design of the shape, pattern,
colour, or their combination, of a product, which creates an aesthetic feeling
and is fit for industrial application.

    Article 3  All the procedures provided for by the Patent Law and these
Rules shall be conducted in a written form.

    Article 4  Any document submitted under the Patent Law and these Rules
shall be in Chinese. The standard scientific and technical terms shall be used
whenever there are such standard terms as prescribed by the State. Where no
generally accepted translation in Chinese can be found for the name of a
foreigner or a foreign locality or a foreign scientific or technical term, the
one in the original language shall be also indicated.

    Where any certificate or certifying document which is submitted in
accordance with the Patent Law or these Rules is in a foreign language, the
Patent Office may require that a Chinese translation be also submitted within
a specified time limit.

    Article 5  For any document mailed by the Patent Office to the addressee
residing in any of the municipalities directly under the people’s governments
of provinces, autonomous regions or above, the 8th day from the date of
mailing, shall be presumed to be the receiving date, and for that mailed to
the addressee residing in any of the other places, the 16th day from the date
of mailing shall be so presumed.

    For any document sent to the Patent Office by the applicant by mail, the
date of mailing indicated by the postmark shall be the date of filing. If the
date of mailing indicated by the postmark on the envelope is not readable, the
date on which the Patent Office receives the document shall be presumed to be
the date of filing, except where the date of mailing is proved by the
applicant.

    Article 6  The first day of any time limit prescribed in the Patent Law or
these Rules shall not be counted. Where a time limit is counted by year or by
month, it shall expire on the corresponding day of the last month; if there is
no corresponding day in that month, the time limit shall expire on the last
day of that month.    If a time limit expires on an official holiday, the time limit shall
expire on the first working day after that official holiday.

    Article 7  Where a time limit prescribed in the Patent Law or these Rules
or specified by the Patent Office is not met because of force majeure or any
other justifiable reason, the applicant, the patentee or any other interested
party may, within one month from the day on which the impediment is removed,
state the reasons and request for an extension of the time limit, with the
exception of the time limits prescribed in Article 24, Article 29, the first
sentence of Article 41, Article 45 and Article 61 of the Patent Law.

    Before the expiration of any time limit specified by the Patent Office, an
applicant who, on the basis of a justified reason, wishes to have the time
limit extended may make a request, accompanied with relevant proof, to the
Patent Office.

    Article 8  Where the invention-creation for which a patent is applied by a
unit of the national defense system relates to the security of the State and
is required to be kept secret, the application for patent shall be filed with
the patent organization set up by the competent department of science and
technology of national defense. The Patent Office shall make a decision on the
basis of the observations on the examination of the application presented by
the said patent organization.

    Article 9  Subject to the preceding Article, the Patent Office, after
receiving an application for patent which is required to be examined for the
purpose of security, shall send it to the competent department concerned of
the State Council for examination. The said department shall, within 4 months
from the receipt of the application, send a report on the results of the
examination to the Patent Office. Where the invention-creation for which a
patent is applied is required to be kept secret, the Patent Office shall
handle it as a secret application for patent and notify the applicant
accordingly.

    Article 10  A job-related invention-creation made by any person in
execution of the tasks of the unit to which he belongs as mentioned in Article
6 of the Patent Law, refers to invention-creation made

    (1) in the course of performing his own duty;

    (2) in the execution of any task, other than his own duty, which was
entrusted to him by the unit to which he belongs;

    (3) within 1 year from his resignation, retirement or change of work,
where the invention-creation relates to his own duty or the other task
entrusted to him by the unit to which he previously belonged.

    Material resources of the unit, as mentioned in Article 6 of the Patent
Law, refer to the unit’s money, equipment, spare parts, raw materials, or
technical data which are not to be disclosed to the public.

    Article 11  An inventor or designer as mentioned in the Patent Law refers
to any person who has made creative contributions to the substantive features
of the invention-creation. Any person who, in the course of accomplishing the
invention-creation, is responsible only for organizational work, or who offers
facilities for making use of material resources, or who takes part in other
auxiliary services, shall not be regarded as inventors or designers.

    Article 12  Two or more applicants who file, on the same day, applications
for patent on the same invention-creation, as provided for in Article 9 of the
Patent Law, shall, after receiving a notification from the Patent Office, hold
consultation among themselves so as to decide who shall be the applicant.

    Article 13  The patentee who has concluded any licensing contract for
exploitation of the patent with another party shall, within 3 months from the
entry into force of the contract, submit the contract to the Patent Office for
the record.

    Article 14  The patent agencies as mentioned in Paragraph 1, Article 19,
and Article 20, of the Patent Law refer to the China Council for the Promotion
of international Trade, the Shanghai Patent Agency, the China Patent Ltd. and
other patent agencies designated by the State Council.

    Article 15  Any applicant who entrusts a patent agency to file an
application for a patent or deal with other patent matters with the Patent
Office, shall submit at the same time a power of attorney which shall indicate
the scope of the power entrusted.
Chapter II  Application for Patent

    Article 16  Anyone who applies for a patent shall submit application
documents in duplicate.

    Article 17  Other related matters to be stated in a written request as
mentioned in Paragraph 2, Article 26, of the Patent Law refer to:

    (1) the nationality of the applicant;

    (2) where the applicant is an enterprise or other organization, the name
of the country in which the applicant has its head office;

    (3) where the applicant has entrusted a patent agency, the name and
address of the patent agency and the name of the patent agent;

    (4) where the applicant is a unit, the name of its representative;

    (5) where the priority is claimed, the relevant matters which shall be
indicated;

    (6) the signature or the seal of the applicant;

    (7) a list of the documents constituting the application;

    (8) a list of the documents appending the application.

    Where there are two or more applicants and where they have not entrusted a
patent agency, they shall designate a representative; if no representative is
designated, the applicant first signed shall be considered as the
representative.

    Where an application for a patent on a design is filed, a brief
description of the design shall, when necessary, be included.

    Article 18  Except where the nature of the invention or utility model
calls for a different mode and order of presentation, the description of an
application for a patent for invention or utility model shall, in the
following order:

    (1) state the post_title of the invention or utility model as appearing in
the request;

    (2) specify the technical field to which the invention or utility model
relates;

    (3) indicate the existing technology which, as far as known to the
applicant, can be regarded as useful for the understanding, searching and
examination of the invention or utility model, and cite the documents
reflecting such technology;

    (4) specify the objective which the invention or utility model is
designed to achieve;

    (5) disclose the invention or utility model in a manner sufficiently
clear and complete so that an ordinary technician in the relevant field of
technology can carry it out;

    (6) state the merits or effective results of the invention or utility
model as compared with the prior art;

    (7) briefly describe the figures in the drawings, if any;

    (8) describe in detail the best mode contemplated by the applicant for
carrying out the invention or utility model, with reference to the drawing, if
any.

    The description of the invention or utility model may contain chemical or
mathematical formulae but no commercial advertising.

    Article 19  The same sheet of drawings may contain several figures of the
invention or utility model. The figures shall be numbered consecutively in
Arabic numerals and arranged in numerical order.

    The scale and the distinctness of the drawings shall be such that a
reproduction with a linear reduction in size to two-thirds will still enable
all details to be clearly distinguished.

    Reference signs used in the drawings of an application shall be consistent
throughout. Reference signs not appearing in the description of the invention
or utility model shall not appear in the drawings.

    The drawings shall not contain any other explanatory notes, except words
which are indispensable.

    Article 20  The claims shall define clearly and concisely the matter for
which protection is sought in terms of the technical features of the invention
or utility model.

    If there are several claims, they shall be numbered consecutively in
Arabic numerals.

    The technical terminology used in the claims shall be consistent with that
used in the description. The claims may contain chemical or mathematical
formulae but no drawings. They shall not, except where absolutely necessary,
contain such references to the description or drawing “as described in part…
of the description”, or “as illustrated in figure… of the drawings”.

    Article 21  Claims may be independent or dependent.

    An independent claim shall outline the essential technical contents of an
invention or utility model and describe the indispensable technical features
constituting the invention or utility model.

    A dependent claim relying on the reference to one or more other claims
shall refer only to the preceding claim or claims.

    Article 22  Except where the nature of the invention or utility model
calls for other forms of expression, an independent claim shall be presented in
the following form:

    (1) a preamble indicating the technical field to which the invention or
utility model pertains and the technical features of the prior art which
relate closely to the subject matter of the invention or utility model;

    (2) a characterizing portion, stating, in such words as “the invention (or
utility model) is characterized in that…” or in similarly concise
expressions, the technical features of the invention or utility model, which,
in combination with the features stated in the preamble, constitute those to
be protected.

    Each invention or utility model shall have only one independent claim,
which shall precede all the dependent claims relating to the same invention or
utility model.

    Article 23  Except where the nature of the invention or utility model
calls for other forms expression, a dependent claim shall be presented in the
following form:

    (1) a reference portion, indicating the serial number(s) of the claim(s)
referred to. Where possible, the reference to the serial number shall be
placed at the beginning of the claim(s);

    (2) a characterizing portion, which by stating the additional technical
features of the invention or utility model, further defines the technical
features cited in the reference portion.

    Dependent claims referring to more than two other claims shall not serve
as reference to each other.

    Article 24  The abstract shall indicate the technical field to which the
invention or utility model pertains, the technical problems to be solved, the
essential technical features and the use or uses of the invention or utility model. The abstract may, where applicable, contain the
chemical formula or the
figure which best characterizes the invention or utility model. The whole text
of the abstract shall contain preferably not more than 200 words.

    Article 25  Where an application for a patent for invention concerns a
micro-biological process or a product thereof and involves the use of a
micro-organism which is not available to the public, the applicant shall, in
addition to the other requirements provided for in the Patent Law and these
Rules,

    (1) deposit a sample of the micro-organism with a depositary institution
designated by the Patent Office before the date of filing, or, at the latest,
on the date of filing;

    (2) give in the application document relevant information of the
characteristics of the micro-organism;

    (3) indicate in the request the scientific name (with its Latin name) and
the name of the depositary institution, the date on which the sample of the
micro-organism was deposited and the file number of the deposit, and submit a
receipt of deposit from that institution.

    Article 26  After the publication of an application for a patent for
invention relating to a micro-organism, any unit or individual which or who
intends to make use of the micro-organism mentioned in the application for the
purpose of experiment shall make a request to the Patent Office containing the
following:

    (1) the name and address of the unit or individual making the request;

    (2) an undertaking by the unit or individual making the request not to
make the micro-organism available to any other person;

    (3) an undertaking to use the micro-organism for experimental purpose only
before the grant of the patent right.

    Article 27  The size of drawings or photographs of a design submitted in
accordance with the provisions of Article 27 of the Patent Law shall not be
smaller than 3 cm x 8 cm, nor larger than 19 cm x 27 cm.

    The applicant may submit for each design drawings or photographs of
difierent angles, sides or positions so as to clearly show the object for
which protection is sought. The applicant shall indicate on each drawing or
photograph the angle, side or position, and mark on the top left and right of
the back of drawing or photograph its consecutive number and the name of the
applicant.

    Article 28  Where an application for a patent for design seeking
protection of colours is filed, a drawing or photograph in colour, and a
drawing or photograph in white and black, shall be submitted, and a statement
of the colours for which protection is sought shall be made on the drawing or
photograph in white and black.

    Article 29  Where the Patent Office finds it necessary, it may require the
applicant for a patent on design to submit a sample or model of the product
incorporating the design. The volume of the sample or model submitted shall
not exceed 30 cm x 30 cm x 30 cm, and its weight shall not surpass 15 kilos.
Articles easily perishable or fragile, or articles that are dangerous shall
not be submitted as sample or model.

    Article 30  Academic or technical conferences mentioned in Item (2) of
Article 24 of the Patent Law mean any academic or technical conference
organized by a competent department concerned of the State Council or by a
national academic association.

    Article 31  Where any application for a patent fails under the provisions
of Item (1) or Item (2) of Article 24 of the Patent Law, the applicant shall,
when filing the application, make a declaration and, within a time limit of 2
months from the date of filing, submit a certificate issued by the unit which organized the international exhibition or academic or
technical conference,
stating that the invention-creation was in fact exhibited or made public there
and also the date of its exhibition or making public.

    Where any application for a patent falls under the provisions of item (3)
of Article 24 of the Patent Law, the Patent Office may, when necessary,
require the applicant to submit the relevant proof.

    Article 32  Where the applicant for a patent on invention claims priority,
it or he shall, within 15 months from the date on which it or he first filed
the application in a foreign country, submit the filing number accorded by
that country.

    Article 33  Where two or more priorities are claimed for an application
for a patent, the priority period for the application shall be calculated from
the earliest priority date.

    Article 34  Where an application for a patent is filed by any foreigner,
foreign enterprise or other foreign organization having no habitual residence
or business office in China, the Patent Office may, when there is any doubt,
require the applicant to submit the following documents:

    (1) a certificate concerning the nationality of the applicant;

    (2) a certificate concerning the seat of the headquarters of a foreign
enterprise or other foreign organization;

    (3) a testimonial showing that the country, to which the foreigner,
foreign enterprise or other foreign organization belongs, recognizes that
Chinese citizens or units are, under the same conditions applied to its
nationals, enpost_titled to patent rights and other related rights in that country.

    Article 35  According to the provisions in Paragraph 1, Article 31 of the
Patent Law, the claims in a patent application for an invention or utility
model may be any of the following:

    (1) two or more independent claims of the same category of product or
process, which cannot be included in one claim;

    (2) an independent claim for a product as well as for the process
specially adopted for the manufacture of that product;

    (3) an independent claim for a product as well as for the use of that
product;

    (4) an independent claim for a product, the process specially adopted for
the manufacture of that product as well as for the use of that product;

    (5) an independent claim for a product, the process specially adopted for
the manufacture of that product, as well as for the equipment specially
designed for carrying out the process;

    (6) an independent claim for a process as well as for the equipment
specially designed for carrying out that process;

    (7) an independent claim for a process as well as for the product directly
manufactured by carrying out that process.

    Article 36  Where a patent application for a design contains two or more
designs in accordance with the provisions in Paragraph 2, Article 31 of the
Patent Law, the designs shall be numbered consecutively and the products
incorporating the designs shall be indicated in the request of the
application. The consecutive numbers shall be marked on the bottom left of the
back of the drawings or photographs of the design.

    Article 37  When withdrawing a patent application, the applicant shall
submit to the Patent Offfice a declaration stating the post_title of the
invention-creation, the filing number and the date of filing.

    Where a declaration to withdraw the patent application is submitted after
the printing preparation has been done by the Patent Office for publication of
the application documents, the application shall be published as scheduled.
Chapter III  Examination and Approval of Patent Applications

    Article 38  In any of the following cases, an examiner or a member of the
Patent Reexamination Board shall, on his own initiative or upon the request
of the applicant or any other interested party, withdraw from his office:

    (1) where he is a close relative of the applicant or the patent agent;

    (2) where he has an interest in the patent application;

    (3) where he has such other kinds of relations with the applicant or the
patent agent that might influence the impartial examination of the application.

    Where a member of the Patent Reexamination Board has taken part in the
examination of the application, the provisions of the preceding paragraph
shall apply.

    Article 39  Upon the receipt of a written request, a description (a
drawing being indispensable for utility model) and one or more claims for a
patent for an invention or utility model, or a written request and one or more
drawings or photographs showing the design for a patent application for
design, the Patent Office shall accord the date of filing and a filing number,
and notify them to the applicant.

    Article 40  If the application documents submitted do not contain a
request or a description or claims, or if they are not in conformity with the
provisions of Article 27 of the Patent Law, the Patent Office shall reject the
application and notify the applicant accordingly.

    Article 41  Where the description of an invention mentions that it
contains “explanatory notes to the drawings” but the drawings are missing, the
applicant shall, within the time limit specified by the Patent Office, either
furnish the drawings or make a declaration for the deletion of the
“explanatory notes to the drawings”. If the drawings are submitted later, the
date of their delivery at, or mailing to, the Patent Office shall be the date
of filing of the application; if the “explanatory notes of the drawings” are
deleted, the original date of filing shall be retained.

    Article 42  Where an application for a patent contains two or more
inventions, utility models or designs, the applicant may, at any time before
the announcement of the application under Article 39 or Article 40 of the
Patent Law, or after the said announcement at the time when the Patent Office
considers the filing of a divisional application is justified, submit to the
Patent Office a request for the division of the application and divide it on
its or his own initiative into several applications.

    If the Patent Office finds that the application for a patent is not in
conformity with the provisions of Article 31 of the Patent Law and Article 35
of these Rules, it shall require the applicant to divide the application
within a specified time limit. If, without any justified reason, the applicant
does not give any response within the time limit, the application shall be
deemed to have been withdrawn.

    Article 43  For divisional applications filed in accordance with
Article 42 of these Rules, the original date of filing of the application may
be retained, provided that they do not go beyond the scope as contained in the
original description.

    Article 44  Where, upon preliminary examination, the Patent Office finds
that a patent application obviously fails under Article 3 or Article 25 of the
Patent Law, or is obviously not in conformity with Article 18 or Article 19 of
the Patent Law or Article 2 of these Rules, it shall require the applicant to
present its or his observations within a specified time limit. If the
applicant, without any justified reason, fails to meet the time limit for
presenting observations, the application shall be deemed to have been
withdrawn.

    Where, after the applicant has made the observations, the Patent Office
still finds that the application is obviously not in conformity with the
provisions of the articles cited in the preceding paragraph, the application
shall be rejected.

    Article 45  Where a patent application belongs to any of the following
cases, the applicant shall, within a time limit specified by the Patent
Office, make due rectification:

    (1) the written request is not presented in the prescribed form or the
indications therein are not in conformity with the requirements;    (2) the description and its drawings or the
claims of the invention or
utility model are not in conformity with the relevant provisions;

    (3) the patent application for an invention or utility model does not
contain an abstract;

    (4) the drawings or photographs contained in the patent application for a
design are not in conformity with the relevant provisions;

    (5) a patent agency is entrusted, but no power of attorney is submitted;

    (6) any other deficiencies which call for rectifications.

    If the applicant, without any justified reason, fails to meet the time
limit for rectifying the deficiencies, the application shall be deemded to
have been withdrawn. If, after the rectification, the patent application is
still not in conformity with the relevant provisions of the Patent Law or
these Rules, it shall be rejected.

 &nbs

INTERIM PROVISIONS CONCERNING IMPOSITION OF CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX AND ENTERPRISE INCOME TAX ON RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES

Category  TAXATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1985-05-15 Effective Date  1985-01-01  


Interim Provisions Concerning Imposition of Consolidated Industrial and Commercial Tax and Enterprise Income Tax on Resident Representative
Offices of Foreign Enterprises


Notes:

(Approved by the State Council on April 11, 1985; promulgated by the

Ministry of Finance on May 15, 1985)

    The following Provisions are formulated in accordance with the provisions
of Articles 2 and 8 of the Regulations of the People’s Republic of China on
the Consolidated Industrial and Commercial Tax, Article 1 of the Income Tax
Law of the People’s Republic of China for Foreign Enterprises and Articles 2
and 4 of the Rules for the Implementation thereof (Note 1), and Article 9 of
the Interim Provisions of the State Council Concerning the Administration of
Resident Representative Offices of Foreign Enterprises, and the relevant
provisions of the tax treaties concluded between the Chinese Government and
foreign government in respect of issues concerning the imposition of tax on
resident representative offices of foreign enterprises:

    1. Resident representative offices that conduct market surveys, provide
business information and perform other business liaison, consultation and
services activities on behalf of their head offices and for which no business
income or service income is received, shall not be subject to the consolidated
industrial and commercial tax or enterprise income tax.

    Resident representative offices, appointed by enterprises within China to
act as agents outside China, and whose activities are performed principally
outside China, shall not be subject to tax on the income derived there-from.

    2. The following incomes of resident representative offices shall be
subject to tax:

    (1) the commissions, rebates and service fees received by resident
representative offices on behalf of their bead offices in respect of the
performance of agency assignments outside China for other enterprises and for
liaison negotiations and intermediary services within China;

    (2) remuneration paid by clients according to a fixed scale during a
specified or the amount for representative services in respect of the
undertaking of market surveys, liaison work, receiving or collecting business
information and rendering of consultancy services within China by resident
representative offices for their clients (including clients of their head
offices);

    (3) commissions, rebates and service fees received by resident
representative offices when engaging in business within China as agents for
other enterprises or in respect of the performance of liaison, negotiation or
intermediary services for economic and trade transactions between other
enterprises.

    3. Tax in respect of liaison, negotiation or intermediary, services
rendered by a resident representative office shall, if the amount of the
commission is specified clearly in the contract, be calculated and imposed on
the amount specified in the contract; if the amount of commission is not
specified clearly in the contract, and no accurate supporting documents or
correct report of the amount of commission income can be provided, the local
tax authorities may, by reference to a general level of commission and the
amount of business realized from the intermediary services, determine an
appropriate amount of commission as the basis on which to calculate and impose
taxes. In cases as mentioned in (1) of Article 2 of these Provisions, where
part of the agency services is performed by its head office outside China, the
resident representative office shall report and submit relevant certificates
and documents to the local tax authorities for evaluation and determination of
the amount of commission which shall be subject to the filing of tax returns
and payment of tax in China.

    4. Commission, rebates and service fees received by resident
representative offices in respect of performance of agency or intermediary
services that fall into the categories of taxable items listed in the Schedule
of Taxable Items and Tax Rates of the Consolidated Industrial and Commercial
Tax, shall be subject to the consolidated industrial and commercial tax at a
reduced rate of 5% (Note 2). In cases where the enterprise income tax shall be
levied, the tax shall be assessed on the taxable income calculated exactly
from documents provided by the taxpayer as to costs and expenses; where no
such documentation is available, the tax shall be assessed on the taxable
income calculated on the basis of an appropriate rate of profit, provisionally
determined at 15% of the business revenue in accordance with the provisions of
Article 24 of the Rules for the Implementation of the Income Tax Law of the
People’s Republic of China for Foreign Enterprises. (Note 3)

    5. “Enterprise” as mentioned in these Provisions encompasses
“corporation”, “company” and “economic organization”.

    6. The Ministry of Finance shall be responsible for the interpretation
of these Provisions.

    7. These Provisions shall come into force as of January 1, 1985.
Notes:

    Note 1  The Regulations of the People’s Republic of China on the
Consolidated Industrial and Commercial Tax, the Income Tax Law of the People’s
Republic of China for Foreign Enterprises and the Rules for its implementation
have been annulled. –The Editor

    Note 2  The provisions in the 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 Enterprises and Foreign Enterprises, promulgated by
Order No.18 of the President of the People’s Republic of China on December 29,
1993, shall prevail instead. –The Editor

    Note 3  The provisions of Chapter VI in the Regulations for Implementation
of the Income Tax Law of the People’s Republic of China for Enterprises with
Foreign Investmetn and Foreign Enterprises, promulgated by Decree No.85 of
the State Council of the People’s Republic of China on June 30, 1991, shall
prevail instead. –The Editor






REGULATIONS GOVERNING FOREIGN BANKS AND JOINT CHINESE-FOREIGN BANKS IN SPECIAL ECONOMIC ZONES

Regulations Governing Foreign Banks and Joint Chinese-Foreign Banks in Special Economic Zones of the PRC

    

(Promulgated by the State Council on April 2, 1985)

   Article 1. These Regulations are formulated with a view to expanding international economic and financial cooperation so as to be conducive
to the bringing in of foreign capital and technology to promote the growth of the special economic zones.

   Article 2. In these Regulations, “foreign banks” means the branches set up in the special economic zones by banks the head offices of which
are located in foreign countries or the Xianggang (Hong Kong) and Aomen (Macao) regions and which have been registered in accordance
with local laws, and also banks with foreign capital the head offices of which are located in the special economic zones and which
have been registered in accordance with the laws of the People’s Republic of China.

In these Regulations, “joint Chinese-foreign banks” means banks operated in the special economic zones by banks or financial institutions
with foreign capital jointly with banks or financial institutions with Chinese capital.

   Article 3. Foreign and joint Chinese-foreign banks shall abide by the laws and regulations of the People’s Republic of China; their legitimate
business operations and legal rights shall be protected by the laws of the People’s Republic of China.

   Article 4. For the establishment of a foreign or joint Chinese-foreign bank in a special economic zone, an application shall be filed with
the People’s Bank of China, which shall examine and consider the application in the light of the needs of the economic growth of
the special economic zone concerned and on the principle of equality and mutual benefit.

The branches of the People’s Bank of China in the special economic zones shall exercise control and supervision over foreign and joint
Chinese-foreign banks.

The State Administration of Exchange Control issues licences for foreign exchange operations to foreign and joint Chinese-foreign
banks.

   Article 5. An application for the establishment of a foreign and joint Chinese-foreign bank shall be made in accordance with the following
provisions:

(I) A bank with foreign capital that wishes to set up a branch in a special economic zone shall file an application through its head
office and furnish the following documents and date:

1. A written application signed by the chairman or general manager of the bank with the authorisation of its board of directors and
certified by a notary public, embodying the name of the branch to be set up, the amount of operating funds allocated to it by the
head office, a brief personal history and a letter of authorisation in regard to each of the chief responsible officers and the kinds
of business applied for;

2. Articles of association, a list of the members of the board of directors, and the balance sheets, profit and loss statements and
business reports for the three years preceding the application;

3. A copy of the business licence issued by the competent authorities of the county or region where the bank is located; and

4. A written guarantee from its head office committing itself to be responsible for taxes and liabilities.

(II) An application for the establishment of the head office of a foreign bank in a special economic zone shall be filed by the foreign
investors, along with the following documents and data:

1. A written application for the establishment of a foreign bank which shall include the name of the head office to be set up, registered
capital and paid-in capital,a list of the chief responsible officers and the kinds of business applied for;

2. Articles of association;

3. A list of the chairman, vice-chairmen and members of the board of directors nominated by the investors; and

4. A statement of the investors’ assets and liabilities, along with the certification of a notary public.

(III) An application for the establishment of a joint Chinese-foreign bank in a special economic zone shall be filed jointly by the
investing parties, along with the following documents and data:

1. A written application for the establishment of the joint bank, including the name of the joint bank to be set up, the names of
the joint parties, registered capital and paid-in capital, the proportions of equity capital contributed by the joint parties, a
list of the chief responsible officers nominated, and the kinds of the business applied for;

2. A feasibility report jointly prepared by the joint parties;

3. The drafts of the agreement, contract and articles of association relating to the joint parties; and

4. A list of the chairman, vice-chairmen and members of the board of directors of the joint bank nominated by the joint parties.

(IV) Foreign and joint Chinese-foreign banks in a special economic zone that intend to set up additional branches within the same
zone shall apply to the branch of the People’s Bank of China in the same zone for approval.

A Chinese version shall be attached where the documents and data indicated in section (I) of this Article are in a foreign language.

   Article 6. Based on an application submitted, the People’s Bank of China may grant its approval to foreign and joint Chinese-foreign banks
to engage in part or all of the following business operations:

1. Granting loans in local and foreign currencies and discounting bills;

2. Inward remittances from foreign countries and the Xianggang (Hong Kong) and Aomen (Macao) regions, and foreign exchange collections;

3. Settlement of export transactions and outward documentary bills;

4. Exchange in foreign currencies and foreign currency bills;

5. Local and foreign currency investments;

6. Local and foreign currency guarantees;

7. Buying and selling of stocks and securities;

8. Trust, safe deposit box, credit investigation and consultation services;

9. Outward remittances by overseas Chinese enterprises, foreign enterprises, Chinese-foreign joint ventures and Chinese-foreign cooperative
enterprises, settlement of import transactions and inward documentary bills;

10. Local and foreign currency deposits and overdrafts by overseas Chinese enterprises, foreign enterprises, Chinese-foreign joint
ventures and Chinese-foreign cooperative enterprises; and local and foreign currency deposits and overdrafts by foreign nationals,
overseas Chinese and Chinese compatriots in Xianggang (Hong Kong) and Aomen (Macao);

11. Handling foreign exchange deposits and loans in foreign countries and the Xianggang (Hong Kong) and Aomen (Macao) regions; and

12. Other business operations.

   Article 7. A foreign bank head office or a joint Chinese-foreign bank in a special economic zone shall have a registered capital in foreign
exchange no less than the equivalent of RMB$80 million and a paid-in capital no less than 50 per cent of the registered capital;
the branch office of a foreign bank in a special economic zone shall hold operating funds allocated to it by its head office in an
amount of foreign exchange no less than the equivalent of RMB$40 million.

The paid-in capital or the operating funds of a foreign or joint Chinese-foreign bank shall be fully in hand within 30 days from the
date its establishment is approved, and this shall be certified by an accountant registered in the People’s Republic of China.

   Article 8. A foreign or joint Chinese-foreign bank shall, within 30 days from the date of its being approved, register with the Administration
for Industry and Commerce and obtain from it a business licence; it shall also register with the local tax authorities for tax purposes
within 30 days from the date of its operation.

Where a foreign or joint Chinese-foreign bank fails to open business within twelve months after the date of its being approved, the
original certificate of approval shall automatically become null and void.

   Article 9. The loans granted by a foreign bank head office or a joint Chinese-foreign bank in a special economic zone to any enterprise in
the same zone shall not exceed 30 per cent of the aggregate of the bank’s paid-in capital and reserve funds; and its total investment
in the special economic zone shall not exceed 30 per cent of the aggregate of its paid-in capital and reserve funds.

   Article 10. The exchange and settlement between the local currency and foreign currencies by a foreign and joint Chinese-foreign bank shall
be effected in accordance with the exchange rates quoted by the State Administration of Exchange Control and in pursuance of the
pertinent regulations.

The interest rates applied by a foreign and joint Chinese-foreign bank to local or foreign currency deposits, loans, overdrafts and
bill discounts within a special economic zone shall be fixed by reference to those prescribed by the branch of the People’s Bank
of China in the same zone.

   Article 11. A foreign or joint Chinese-foreign bank accepting local or foreign currency deposits within a special economic zone shall keep on
deposit with the branch of the People’s Bank of China in the same zone a reserve fund against its deposits.

   Article 12. A foreign or joint Chinese-foreign bank shall submit to the branch of the People’s Bank of China in the special economic zone concerned
the following business reports:

(1) A balance sheet as at the end of the previous month, to be submitted before the tenth of each month;

(2) An analytical statement of deposit and loans, an analytical statement of outward and inward remittances and settlement of import
and export transactions, and an analytical statement of investment items for the previous quarter; and

(3) The balance sheet, profit and loss statement, and statement of the balances of accounting items for the previous year, along with
an audit report by an accountant registered in the People’s Republic of China, to be submitted before the end of March in each year.

   Article 13. The branches of the People’s Bank of China in the special economic zones shall have the right to examine the business and financial
conditions of foreign and joint Chinese-foreign banks, request them to submit or furnish the related information and data, and send
officers to examine their books, records, etc.

   Article 14. The profit that a branch of a foreign bank makes after paying taxes in accordance with the law may be remitted abroad.

For the profit that a foreign bank head office or a joint Chinese-foreign bank in a special economic zone makes after deduction for
taxes, the reserve fund, workers’ bonuses, welfare fund and enterprise development fund in accordance with the pertinent regulations,
the portion distributed to investors outside China may be remitted abroad.

The foreign staff and workers and the Hong Kong and Macao staff and workers of a foreign and joint Chinese-foreign bank may remit
abroad their wages, salaries and other legitimate earnings after paying taxes in accordance with the law.

   Article 15. A foreign or joint Chinese-foreign bank that intends to terminate its business operations shall submit a written report for approval
to the People’s Bank of China 30 days prior to their termination.

A foreign or joint Chinese-foreign bank that winds up business in accordance with the law shall be liquidated under the supervision
of the branch of the People’s Bank of China in the special economic zone concerned and other competent authorities in accordance
with the regulations of the People’s Republic of China governing the dissolution and liquidation of foreign enterprises and Chinese-foreign
joint ventures, and after the satisfaction of all taxes and liabilities, the funds of the foreign bank or the funds owned by or distributed
to overseas investors of the joint Chinese-foreign bank may be remitted abroad.

After liquidation, the foreign or joint Chinese-foreign bank mentioned in the previous section shall approach the department that
originally issued the registration certificate to have its registration cancelled.

   Article 16. The branches of the People’s Bank of China in the special economic zones are empowered to issue a warning or impose a fine on any
foreign or joint Chinese-foreign bank acting in contravention of these Regulations or other financial regulations according to the
seriousness of each case; if there is objection to the measure meted out, an appeal may be made to the People’s Bank of China for
its decision.

In particularly serious cases, the foreign or joint Chinese-foreign bank may be ordered to stop its business operations or even to
dissolve its institution.

   Article 17. These Regulations shall also apply to banks or financial institutions with overseas Chinese capital, Xianggang (Hong Kong) capital
or Aomen (Macao) capital.

   Article 18. The People’s Bank of China shall be responsible for the interpretation of these Regulations.

   Article 19. The implementation of these Regulations shall commence on the date of their promulgation.

    






PHARMACEUTICAL ADMINISTRATION LAW

Pharmaceutical Administration Law of the People’s Republic of China

     Important Notice: This English document is coming from the “LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING
FOREIGN-RELATED MATTERS” (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People’s
Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese
shall prevail.

Whole Document PHARMACEUTICAL ADMINISTRATION LAW OF THE PEOPLE’S REPUBLIC OFCHINA(Adopted at the Seventh Meeting of
the Standing Committee of theSixth National People’s Congress, promulgated by Order No. 18 of thePresident of the People’s
Republic of China on September 20, 1984, andeffective as of July 1, 1985)

ContentsChapter I General ProvisionsChapter II Administration of Pharmaceutical Producing EnterprisesChapter III
Administration of Pharmaceutical Trading EnterprisesChapter IV Administration of Pharmaceuticals at Medical UnitsChapter V
Pharmaceutical AdministrationChapter VI Packaging and Repackaging of PharmaceuticalsChapter VII Pharmaceuticals Under Special
ControlChapter VIII Administration of Trademarks and Advertisements of

PharmaceuticalsChapter IX Supervision over PharmaceuticalsChapter X Legal ResponsibilityChapter XI Supplementary
Provisions

Chapter I General ProvisionsArticle 1This Law is formulated with a view to enhancing the supervision andcontrol
of pharmaceuticals, ensuring their quality, improving theircurative effects, guaranteeing safety in medication and safeguarding
thehealth of the people.Article 2The administrative department of health under the State Council shall beresponsible for the supervision
and control of pharmaceuticals throughoutthe country.Article 3The state shall develop both modern and traditional medicines and
givefull play to their role in the prevention and treatment of diseases and inhealth care. The state shall protect the resources
of wild medicinalmaterials and encourage the domestic cultivation of Chinese traditionalmedicinal crops.

Chapter II Administration of Pharmaceutical Producing EnterprisesArticle 4The establishment of a pharmaceutical producing
enterprise must besanctioned by the competent authorities for the production and trading ofpharmaceuticals of the province,
autonomous region, or municipalitydirectly under the Central Government in which the enterprise is located,and approved by the
administrative department of health of the sameprovince, autonomous region or municipality, which will issue aPharmaceuticals
Producer Licence. The administrative authorities forindustry and commerce shall not issue business licences to any enterprisesproducing
pharmaceuticals without the Pharmaceutical Producer Licence.The Pharmaceutical Producer Licence shall have a period of validity,
uponexpiration of which a new licence shall be issued after an examination forits renewal. Detailed measures for the renewal of
such licences shall bestipulated by the administrative department of health under the StateCouncil.Article 5To establish
a pharmaceutical producing enterprise, the followingrequirements must be met:(1) It shall be staffed with the necessary
personnel required forproducing the medicines concerned, that is, pharmacists or technicalpersonnel with a qualification
equivalent to or higher than assistantengineer as well as skilled workers. If an enterprise processing Chinesetraditional
medicines into ready-to-use mixture and powder forms does nothave pharmacists or technical personnel with a qualification equivalent
toor higher than assistant engineer, it shall be staffed instead withskilled pharmaceutical workers who are familiar with
the properties of themedicines processed and are registered with the administrative departmentof health at or above the county level.(2)
It shall have factory premises, facilities and a sanitary environmentsuitable for the medicines produced.(3) It shall have a unit
or competent personnel capable of inspecting thequality of the medicines produced, as well as necessary instruments andequipment.Article
6Pharmaceuticals must be produced in accordance with the technologicalprocedure, and the record of production must be complete
and accurate.The process for preparing traditional Chinese medicines in ready-to-useforms must conform to the Pharmacopoeia of
the People’s Republic of Chinaor the Processing Norms stipulated by the administrative departments ofhealth of the provinces,
autonomous regions, or municipalities directlyunder the Central Government.Article 7The raw and supplementary materials used
for the production ofpharmaceuticals and containers and packaging materials in direct contactwith pharmaceuticals must conform
to the requirements for medicinal use.Article 8Pharmaceuticals must go through quality inspection before they leave thefactory;
products which do not meet the standards shall not leave thefactory.Article 9Pharmaceutical producing enterprises must draw
up and carry out rules andregulations and sanitary requirements for ensuring the quality ofpharmaceuticals in accordance
with the Standards for Quality Control ofPharmaceutical Production stipulated by the administrative department ofhealth under
the State Council.

Chapter III Administration of Pharmaceutical Trading EnterprisesArticle 10The establishment of a pharmaceutical trading
enterprise must besanctioned by the local competent authorities for the production andtrading of pharmaceuticals and approved
by the administrative departmentof health at or above the county level, which will issue a PharmaceuticalTrading Enterprise Licence.
The administrative authorities for industryand commerce shall not issue business licences to any enterprises withoutthe Pharmaceutical
Trading Enterprise Licence.The Pharmaceutical Trading Enterprise Licence shall have a period ofvalidity, upon expiration of
which a new licence shall be issued after anexamination for its renewal. Detailed measures for the renewal of suchlicences shall
be stipulated by the administrative department of healthunder the State Council.Article 11To establish a pharmaceutical trading
enterprise, the followingrequirements must be met:(1) It shall be staffed with pharmaceutical technicians qualified for thehandling
of the pharmaceuticals.If an enterprise trading in Chinese traditional medicines or an enterpriseconcurrently trading in medicines
does not have pharmaceuticaltechnicians, it shall be staffed instead with pharmaceutical workers whoare familiar with the
properties of the medicines it trades in and areregistered with the administrative department of health at or above thecounty
level.(2) It shall have business premises, equipment, storage facilities and asanitary environment suitable for the pharmaceuticals
in which it trades.Article 12The quality of pharmaceuticals must be inspected on purchasing.Pharmaceuticals that do not meet the
required standards must not bepurchased.Article 13It is imperative, in the sale of pharmaceuticals, to be accurate and freeof
mistakes, and to provide correct directions for use, dosage andprecautions. Prescriptions being dispensed must be checked.Pharmaceuticals
listed in prescriptions must not be presumptuously changedor substituted. Prescriptions containing incompatible substances
orexcessive dosages shall be rejected by the dispensary. If necessary, suchprescriptions can be dispensed after they have been
corrected or resignedby the doctors who wrote them out.When famous traditional Chinese medicinal materials are offered for sale,their
origin must be indicated.Article 14Rules for storage of pharmaceuticals shall be formulated and implementedby pharmaceutical warehouses,
which must adopt necessary measures tofacilitate cold storage and protection against moisture, insects androdents.An
inspection system shall be carried out for pharmaceuticals entering orleaving warehouses.Article 15Unless otherwise stipulated by
the state, traditional Chinese medicinalmaterials may be marketed at urban or rural fairs.Pharmaceuticals other than traditional
Chinese medicinal materials may notbe sold at urban or rural fairs, except by those who have PharmaceuticalsTrading Enterprise Licences.

Chapter IV Administration of Pharmaceuticals at Medical UnitsArticle 16Medical units must be staffed with pharmaceutical
technical personnelcommensurate with their medical functions. Non-pharmaceutical technicalpersonnel may not engage directly
in pharmaceutical technical work.Article 17To make medicinal preparations, a medical unit must be examined, approvedand issued a
Dispensing Permit by the administrative department of healthof the province, autonomous region, or municipality directly under
theCentral Government in which the units is located.The Dispensing Permit shall have a period of validity, upon expiration ofwhich
a new permit shall be issued after an examination for its renewal.Detailed measures for the renewal of such permits shall be stipulated
bythe administrative department of health under the State Council.Article 18Medical units making medicinal preparations must
be equipped withfacilities, inspection instruments and sanitary conditions capable ofensuring the quality of the preparations.Article
19The quality of the medicinal preparations made by medical units must beinspected in accordance with relevant regulations and
clinical needs.Those up to standard can be used as the doctor prescribes.Medicinal preparations made by medical units may not
be sold on themarket.Article 20Medical units must implement a system of quality inspection whenpurchasing pharmaceuticals.

Chapter V Pharmaceutical AdministrationArticle 21The state encourages research on and development of new medicines.When
working on a new medicine, it is necessary to submit, as required,the methods of production, quality indices, pharmacological
andtoxicological testing results, and other related materials and samples tothe administrative department of health under the
State Council or to theadministrative department of health of the relevant province, autonomousregion, or municipality directly
under the Central Government. Clinicaltests or clinical verifications can be carried out only after approval.A new medicine
which has completed its clinical tests or clinicalverifications and been approved after appraisal shall be issued
acertificate by the administrative department of health under the StateCouncil.Article 22A new medicine can be put into production
only after the administrativedepartment of health under the State Council has approved it and issued aregistered document of
approval. However, this does not apply to theproduction of traditional Chinese medicines prepared in ready-to-useforms.A
medicine standardized by the state or by a province, an autonomousregion, or a municipality directly under the Central Government
shall beput into production only after the administrative department of health ofthe relevant province, autonomous region, or
municipality directly underthe Central Government has made an examination of the medicine, given itapproval and issued a registered
document of approval, seeking beforehandthe opinions of the authorities at the same level in charge of theproduction and
trading of medicines. However, this does not apply to theproduction of traditional Chinese medicines prepared in ready-to-useforms.Article
23Pharmaceuticals must meet the pharmaceutical standards of the state orthose of the relevant province, autonomous region,
or municipalitydirectly under the Central Government.The Pharmacopoeia of the People’s Republic of China and the pharmaceuticalstandards
promulgated by the administrative department of health under theState Council shall be the state pharmaceutical standards.The Pharmacopoeia
Committee of the administrative department of healthunder the State Council shall be responsible for organizing theformulation
and revision of the state pharmaceutical standards.Article 24The administrative department of health under the State Council
andadministrative departments of health of provinces, autonomous regions, andmunicipalities directly under the Central Government
may establishpharmaceutical examination and evaluation committees to carry outexamination and evaluation of new medicines
and to reevaluate medicinesalready put into production.Article 25The administrative department of health under the State Council
shallorganize investigations of medicines which have been approved forproduction. It shall revoke the registered documents
of approval if itdiscovers that the medicines’ curative effects are uncertain or poor, orthat they produce serious adverse
reactions or for other reasons areharmful to people’s health.Production and sale of medicines whose registered documents
of approvalhave been revoked shall not be allowed to continue; those which havealready been produced shall be destroyed
or disposed of under thesupervision of the local administrative department of health.Article 26Import of medicines whose curative
effects are uncertain or poor, or whichproduce adverse reactions or have other harmful effects on people’s healthshall be prohibited.Article
27For any medicine which is to be imported for the first time, the importermust submit the manuals, quality standards, methods
of inspection andother related information and samples, as well as the exporting country’s(region’s) certification documents
approving its production, to theadministrative department of health under the State Council, and importcontracts may be
signed only with the prior approval of the saiddepartment.Article 28Imported medicines must be inspected by the pharmaceutical
inspectioninstitutions authorized by the administrative department of public healthunder the State Council; those having passed
the inspection shall beallowed to be imported. Medicines to be imported in small quantities forurgent clinical needs by medical
units or for personal use shall behandled according to customs regulations.Article 29The administrative department of health
under the State Council shall havethe power to restrict or prohibit the export of traditional Chinesemedicinal materials and
prepared Chinese medicines which are in shortsupply in the domestic market.Article 30Import Licences or Export Licences issued
by the administrative departmentof health under the State Council are required for the import or export ofnarcotics and psychotropic
substances falling within the restricted scopeprescribed by the administrative department of health under the StateCouncil.Article
31Newly discovered domestic medicinal plants or medicinal plants introducedfrom abroad may be sold only after they have been examined
and approved bythe administrative department of health of the relevant province,autonomous region, or municipality directly
under the Central Government.Article 32Measures for controlling medicinal materials traditionally used by localpeople in certain
regions shall be formulated by the administrativedepartment of health under the State Council.Article 33The production and
sale of fake medicines are prohibited. A fake medicinehas either of the following characteristics:(1) the names of its components
are different from those prescribed for itby state pharmaceutical standards or pharmaceutical standards of therelevant province,
autonomous region, or municipality directly under theCentral Government;(2) a non-medical substance is passed off as a medicine,
or one medicineis passed off as another.A medicine shall be handled as fake medicine in any of the followingcases:(1) where
the use of the medicine has been prohibited by theadministrative department of health under the State Council;(2) where
the medicine has been produced without being assigned aregistration number;(3) where the medicine has deteriorated and cannot
be used as such; or(4) where the medicine has been contaminated and cannot be used as such.Article 34The production and sale of
medicines of inferior quality shall beprohibited. A medicine of inferior quality has any of the followingcharacteristics:(1)
the components of the medicine do not conform in quantity to thatrequired by state pharmaceutical standards or pharmaceutical
standards ofthe relevant province, autonomous region, or municipality directly underthe Central Government;(2) the medicine has
passed its expiry date; or(3) the medicine fails to meet the prescribed standards in other respects.Article 35Personnel in pharmaceutical
producing or trading enterprises and inmedical units who have direct contact with medicines must undergo anannual medical
examination. Persons who have contracted contagiousdiseases or any other disease which may contaminate the medicines shallnot
be allowed to engage in any work which has direct contact withpharmaceuticals.

Chapter VI Packaging and Repackaging of PharmaceuticalsArticle 36Packaging must meet the specific quality requirements
of thepharmaceuticals and facilitate their storage, transportation and medicaluse. If a medicine has a period of validity,
it must be clearly indicatedon the package.Traditional Chinese medicinal materials must be packaged beforetransportation.
There must appear on the package the name of the medicine,place of production, date, name of the consignor, and an indication thatthe
quality of the medicine is up to standard.Article 37Packages of pharmaceuticals must, in accordance with the regulations, belabeled
and include directions for use.The label or directions must indicate the name of the medicine,specifications, the producer,
registration number, batch number of theproduct, principal components, indications, directions for use dosage,contraindications,
adverse reactions and precautions.Special indications must be printed as required on the labels ofnarcotics, psychotropic
substances, toxic drugs, radioactive drugs andmedicines for external use.Article 38A pharmaceuticals trading enterprise engaged
in the repackaging ofmedicines must possess the necessary facilities and sanitary conditionssuitable for the purpose, and
pharmaceutical technicians must be placed incharge of this work. The repackaging records must be complete andaccurate.The
repackaged medicine must enclose directions for use, and on thepackage must be indicated the name of the medicine, specifications,
theproducer, the batch number of the product, the repackaging unit and thelot number of the repackaged product. If the medicine
has a period ofvalidity, it must also be indicated on the new package.

Chapter VII Pharmaceuticals Under Special ControlArticle 39The state adopts special measures for the control of
narcotics,psychotropic substances, toxic drugs and radioactive drugs. Regulationsfor the control of these drugs shall be formulated
by the State Council.Article 40Narcotics, including their mother plants, must be produced only by unitsjointly designated by the
administrative department of health under theState Council and other departments concerned, and must be supplied byunits jointly
designated by the administrative department of health ofprovinces, autonomous regions, and municipalities directly under
theCentral Government and other departments concerned.

Chapter VIII Administration of Trademarks and Advertisements of PharmaceuticalsArticle 41Registered trademarks must
be used for all pharmaceuticals with theexception of traditional Chinese medicinal materials and theirpreparations
in ready-to-use forms. The sale of pharmaceuticals withoutcompleting trademark registration shall be prohibited.The registered
trademark must appear on the package and the label of themedicine.Article 42Advertisements of pharmaceuticals must be examined
and approved by theadministrative department of health of the relevant province, autonomousregion, or municipality directly
under the Central Government. In theabsence of such approval, advertisement of any medicine may not bepublished, broadcast,
handed out or posted on walls.Article 43Foreign enterprises which apply to advertise pharmaceuticals in China mustsubmit relevant
documents of approval by the country (region) in which thepharmaceuticals are produced, directions for use and other relevantmaterials.Article
44Advertisements of pharmaceuticals must be based on the directions for useapproved by the administrative department of health
under the StateCouncil or the administrative departments of health of provinces,autonomous regions, or municipalities
directly under the CentralGovernment.

Chapter IX Supervision over PharmaceuticalsArticle 45The administrative departments of health at or above the county
levelshall exercise supervisory power over pharmaceuticals.The administrative departments of health at or above the county level
mayset up organs for the administration of pharmaceuticals and organs for theinspection of pharmaceuticals.Article 46There shall
be pharmaceutical inspectors in the administrative departmentsof health at or above the county level. Pharmaceutical inspectors shall
beappointed from among pharmacological technical personnel and issuedcertificates by the people’s governments at the same
level.Article 47Pharmaceutical inspectors are authorized to exercise, in accordance withthe regulations, supervision, inspection
and sampling as regards thequality of pharmaceuticals in the producing enterprises, tradingenterprises and medical
units within their jurisdiction, and whennecessary may pick samples at random and ask for relevant data inaccordance
with regulations. The enterprises and units concerned may notrefuse such requests or withhold relevant data. Pharmaceutical inspectorsare
duty-bound to keep confidential the technical information provided bypharmaceutical producing enterprises and scientific research
institutions.Article 48Pharmaceutical producing enterprises, pharmaceutical trading enterprisesand medical institutions shall conduct
regular surveys of the quality,curative effects and adverse reactions of the pharmaceuticals they haveproduced, traded in
or used. When drug poisoning is discovered, themedical institution concerned must promptly report the matter to the localadministrative
department of health.Article 49The organs or personnel in charge of pharmaceutical inspection inpharmaceutical producing
enterprises and pharmaceutical tradingenterprises shall receive operational guidance from the localpharmaceutical
inspection organs.

Chapter X Legal ResponsibilityArticle 50Whoever produces or sells fake medicines shall have his fake medicines andunlawful
income confiscated and may concurrently be fined; in addition, hemay be ordered to suspend production or business operations
pendingrectification, or have his Pharmaceutical Producer Licence, PharmaceuticalTrading Enterprise Licence or Dispensing Permit
revoked.An individual who produces or sells fake medicines, or the person directlyresponsible for a unit which commits this offence,
and thereby endangerspeople’s health, shall be investigated for criminal liability underArticle 164 of the Criminal Law.Article
51Whoever produces or sells medicines of inferior quality shall have hismedicines of inferior quality and unlawful income confiscated
and may befined as well. If the circumstances are serious, the unit concerned shallbe ordered to suspend production or
business operations pendingrectification, or have its Pharmaceutical Producer Licence, PharmaceuticalTrading Enterprise Licence
or Dispensing Permit revoked. An individualwho produces or sells medicines of inferior quality or the person directlyresponsible
for a unit which commits this offence, and thereby endangerspeople’s health and causes serious consequences, shall be investigated
forcriminal liability in reference to the provisions of Article 164 of theCriminal Law.Article 52Any unit engaged in the production,
trading or preparation of medicineswithout obtaining the Pharmaceutical Producer Licence, PharmaceuticalTrading Enterprise
Licence or Dispensing Permit shall be ordered tosuspend production, business operations or preparation of such medicines.The
medicines and unlawful income shall all be confiscated and a fine mayalso be imposed.Article 53Whoever violates any other provision
of this Law on the administration ofpharmaceutical production and pharmaceutical trading shall be served awarning or be fined.Article
54The decision to mete out administrative sanctions stipulated in this Lawshall be made by the administrative departments of health
at or above thecounty level. The decision to mete out administrative sanctions forviolations of the provisions of Article
15 or of Chapter VIII onadministration of advertisements of this Law shall be made by theadministrative departments
for industry and commerce.Punishment by suspension of production or business operations pendingrectification for seven days
or more, or revocation of the PharmaceuticalProducer Licence or Pharmaceutical Trading Enterprise Licence to be metedout to pharmaceutical
producing enterprises or pharmaceutical tradingenterprises directly under the jurisdiction of the Central Government orof
the people’s governments of provinces, autonomous regions, ormunicipalities directly under the Central Government, shall
be submittedby the administrative department of health of the relevant province,autonomous region, or municipality directly
under the Central Governmentto the people’s government at the same level for final decision.Punishment by suspension of production
or business operations for sevendays or more, or revocation of the Pharmaceutical Producer Licence orPharmaceutical Trading
Enterprise Licence, to be meted out topharmaceutical producing enterprises or pharmaceutical trading enterprisesunder
the jurisdiction of people’s governments at or below the city orcounty level, shall be submitted by the administrative department
ofhealth of the people’s governments at or below the city or county level tothe people’s governments at the same level for
final decision. Theconfiscated pharmaceuticals shall be disposed of under the supervision ofthe administrative departments of
health.Article 55If the party concerned does not accept the administrative sanction decidedon, it may file suit in the people’s court
within 15 days after receivingnotification of the sanction. However, the said party must immediatelycarry out the decision on
the control of pharmaceuticals made by theadministrative department of health. If the party neither complies withthe sanction
nor files suit within the time limit, the organ which madethe decision on the administrative sanction shall apply to the people’scourt
for compulsory execution.Article 56If any individual or unit, in violation of this Law, causes drugpoisoning, he or it
shall be liable for the damage. The victims mayrequest the administrative department of health at or above the countylevel
to handle the matter; if a party does not accept the decision, itmay file suit in the people’s court. The victims, too, may directly
takethe case to the people’s court.The claim for compensation must be made within a year from the day onwhich the victim or
his representative was aware or should have been awareof the damage done. No claim for compensation shall be entertained beyondthe
time limit.

Chapter XI Supplementary ProvisionsArticle 57For the purpose of this Law, the definitions of the following terms are:”Pharmaceuticals”
means articles intended for use in the prevention,treatment or diagnosis of human diseases, or intended to effect thepurposive
regulation of human physiological functions, for whichindications, usage and dosage are prescribed, including raw traditionalChinese
medicinal materials, traditional medicines prepared in ready-to-use forms and other prepared Chinese medicines, medicinal chemicals
andtheir preparations, antibiotics, biochemical medicines, radioactive drugs,serums, vaccines, blood products, diagnostic aids,
etc.”New medicines” means medicines which have not been produced in thiscountry before. “Supplementary materials” means
the excipients andadditives used for the production and dispensing of pharmaceuticals.”Pharmaceutical producing enterprise” means
an enterprise exclusively orpartly engaged in the production of pharmaceuticals.”Pharmaceutical trading enterprise” means an
enterprise exclusively orpartly engaged in the trading of pharmaceuticals.Article 58The production of pharmaceuticals referred
to in this Law does not includethe cultivation, collection and breeding of all categories of medicinalmaterials used in traditional
Chinese medicine.Article 59The administrative department of health under the State Council shall,pursuant to this Law, draw up
measures for its implementation, which shallenter into force after being submitted to and approved by the StateCouncil.Measures
for the control of pharmaceuticals specially needed by theChinese People’s Army shall be formulated by the competent
militarydepartment of the state.Article 60This Law shall enter into force as of July 1, 1985.

    






REGULATIONS GOVERNING SUPERVISION AND CONTROL OVER IMPORT AND EXPORT OF BOILERS AND PRESSURE CONTAINERS (FOR TRIAL IMPLEMENTATION)

REGULATIONS ON TRADE UNIONS IN ENTERPRISES IN THE SPECIAL ECONOMIC ZONES IN GUANGDONG PROVINCE

Regulations on Trade Unions in Enterprises in the Special Economic Zones in GuangDong Province

     (Effective Date:1985.05.08–Ineffective Date:)

   Article 1. With a view to defining the status and functions of trade unions in enterprises in the special economic zones in Guangdong Province
(hereinafter referred to as the special zones) and to bringing their roles into play in the construction of the special zones, these
regulations are formulated in accordance with the Trade Union Law of the People’s Republic of China (hereinafter referred to as Chinese
Trade Union Law), the Regulations on Special Economic Zones in Guangdong Province and the relevant laws and regulations.

   Article 2. Trade unions in enterprises in the special zones mentioned in these regulations refer to trade union organizations set up, in accordance
with the law, in solo ventures, joint ventures and co-operative ventures in the special zones (hereinafter referred to as special
zone enterprises) operated independently by foreign citizens, overseas Chinese and Hong Kong, Macao and Taiwan compatriots or their
companies and enterprises (hereinafter referred to as outside investors) or operated jointly by outside investors and Chinese enterprises.

   Article 3. A trade union in a special zone enterprise shall possess the status of a legal person, and president of the trade union shall be
representative of the legal person.

   Article 4. Staff and workers of special zone enterprises, as part of the Chinese working class, may, in accordance with the Chinese Trade Union
Law and the Articles of Association of the Chinese Trade Union, set up and join trade union organizations and carry on trade union
activities.

   Article 5. Trade unions in special zone enterprises shall be directly under the leadership of the trade union organization of a higher level.

The Municipal Federations of Trade Unions of Shenzhen, Zhuhai and Shantou shall exercise unified leadership over trade unions in special
zone enterprises in their respective special zones. The setting up of a trade union organization in a special zone enterprise shall
be reported for approval to the federation of trade unions of the city where the enterprise locates.

   Article 6. Trade unions in special zone enterprises are representatives of the interests of the staff and workers. They shall protect pursuant
to the law the legitimate rights and interests of the staff and workers, consult or negotiate on behalf of the staff and workers
with the enterprises on matters of vital interests of the staff and workers, supervise according to the law the observance by the
enterprises of the laws, regulations and rules of the state or the special zones in connection with labour protection, labour insurance,
wage systems, environmental sanitation and safety in production, etc., and protect pursuant to the law the special rights and interests
of the women staff and workers.

   Article 7. Trade unions in special zone enterprises shall according to the law give guidance and help to the staff and workers in signing their
individual labour contracts with the enterprises, or sign on behalf of the staff and workers collective labour contracts with the
enterprises, and supervise the execution of the labour contracts.

   Article 8. Trade unions in special zone enterprises shall support the production and management and administration of the enterprises, educate
the staff and workers to adopt a correct attitude towards the legitimate rights and interests of outside investors, to observe labour
discipline and various rules and regulations, to strictly abide by the labour contracts and to strive to fulfil various economic
tasks.

   Article 9. Trade unions in the special zone enterprises shall organize for the staff and workers political, scientific and technical and literary
studies, assist the enterprises in professional and technical training and carry on various healthy recreational and sports activities.

   Article 10. Trade unions in the special zone enterprises shall be concerned with the well-being of the staff and workers, help and supervise
the enterprises in the rational use of welfare and bonus funds and in running the collective welfare projects well.

   Article 11. Trade unions in the special zone enterprises shall carry on various activities to promote their unity and friendship with Hong Kong,
Macao and Taiwan staff and workers and overseas Chinese or foreign staff and workers of the enterprises, and cooperate with them
in work.

   Article 12. Trade union representatives may pursuant to the law attend as non-voting members and report the opinions and demands of the staff
and workers to meetings of the board of directors held to discuss important issues such as development plans, production and operational
activities of the enterprise.

Board of directors of a special zone enterprise, at meetings to discuss and decide on awards and penalties to staff and workers, wage
systems, welfare benefit, labour protection and labour insurance, etc., shall win cooperation of the trade union, and trade union
representatives may pursuant to the law attend the meetings as non-voting members and give opinions of the trade union.

   Article 13. In solo ventures of outside investors, a labour-capital consultative meeting system shall be established, and trade union representatives
and outside investors or their agents shall consult with each other at regular intervals on matters of rights and interests of the
staff and workers, so as to coordinate relations between labour and capital and run the ventures well.

   Article 14. Special zone enterprises shall observe the legal regulations of the special zones on labour management and the stipulations of the
labour contracts in dismissing or giving penalties to staff and workers, and promptly notify trade unions in the enterprises.

   Article 15. When there is need for special zone enterprises to increase working hours, the prerequisite is not to impair the health of the staff
and workers, and the regulations of the special zones for labour and wage management shall be strictly implemented and over-time
pay shall be given. In case the overtime work impairs the health of staff and workers, trade unions may raise their opinions to the
enterprises and decide through consultation ways to solve the problems.

   Article 16. Trade unions in special zone enterprises shall in accordance with the Articles of Association of Chinese Trade Union set up committees
of grass-roots trade unions and convene general membership meetings or trade union members’ representative assemblies.

Members of grass-root trade union committees shall generally not withdraw from production, but in enterprises that have comparatively
large numbers of staff and workers, the trade unions may pursuant to the Chinese Trade Union Law appoint full-time committee members
not engaged in production. Wages of full-time trade union committee members shall be paid out of the trade union funds, and they
enjoy various other treatments just as the staff and workers do and the enterprises shall bear such costs.

   Article 17. When committee members of a trade union in a special zone enterprise who are not released from production need to take up some time
for trade union activities during production hours, the trade union shall notify the enterprise in advance and the enterprise shall
support it. However, total time taken up by each committee member during production hours shall not exceed two work days in a month,
and such time may be added up in a calendar year and used for participation in training or study classes or for attending meetings
of the trade union and their wages and bonuses shall be fully paid by the enterprises.

   Article 18. When a special zone enterprise transfers a trade union committee member to another post or dismisses him, consent of the trade union
organization of a higher level shall be obtained in advance.

When a full-time trade union committee member no longer holds his post in the trade union, the enterprise concerned shall according
to his conditions arrange a proper job for him in time.

   Article 19. Activities organized by trade unions in special zone enterprises shall usually not take up production (working) hours. In the event
of special circumstances that some time during production (working) hours is to be taken up, consent of the enterprise shall be requested
beforehand.

   Article 20. Special zone enterprises shall give convenience and support to the work of the trade unions.

Special zone enterprises shall, in accordance with the stipulations of the Chinese Trade Union Law and the Regulations for the Implementation
of the Law of the People’s Republic of China on Joint Ventures Using Chinese and Foreign Investment, provide free of charge housing
and facilities (including water and electricity, furniture, etc.) for the trade unions’ office work, meetings and welfare, cultural
and sports activities, and bear the relevant maintenance costs.

   Article 21. A special zone enterprise shall, in accordance with the stipulations of the Chinese Trade Union Law and the Regulations for the Implementation
of the Law of the People’s Republic of China on Joint Ventures Using Chinese and Foreign Investment, allocate each month an amount
of money equal to two per cent of the total amount of salaries and wages of the enterprise’s staff and workers as trade union’s funds,
which shall be itemized as administration expenses of the enterprise. Trade union funds shall be appropriated each month.

Members of trade unions in special zone enterprises shall pay membership fees each month in accordance with the rules formulated by
All-China Federation of Trade Unions.

Trade unions in special zone enterprises shall, in accordance with the financial disciplines set forth by the state or the special
zones and the rules formulated by All-China Federation of Trade Unions, work out managerial rules for the trade union funds, which
shall be subject to guidance, check up and supervision by the trade unions of higher levels.

   Article 22. Labour disputes arising between trade unions in special zone enterprises and the enterprises may be settled through consultations
by representatives of the disputing parties. In case no settlement is reached through consultations, either or both of the parties
may apply to the labour management department under the people’s government of the municipality where the enterprise is located for
conciliation. If there is objection to conciliation, a suit may be brought in the people’s court in accordance with the law.

   Article 23. All staff and workers from Hong Kong, Macao and Taiwan, overseas Chinese or foreign staff and workers, employed to work in special
zone enterprises and having their wages as the main source of their income, may become members of the Chinese Trade Union if they
agree with the Articles of Association of the Chinese Trade Union, voluntarily apply for membership of the trade union organization,
pay membership fees according to the stipulations and take part in trade union activities.

   Article 24. Members of trade unions in special zone enterprises among staff and workers from Hong Kong, Macao and Taiwan, overseas Chinese or
foreign staff and workers shall hand in their membership cards when they leave the special zones after the end of their work there.
If they personally apply for issuance of certificates, the municipal federation of trade unions may issue certificates to them evidencing
that they joined the Chinese Trade Union. For those who leave the special zones for more than six months running without special
reasons and do not pay membership fees according to the stipulations, their status as members of the Chinese Trade Union shall vanish
automatically.

   Article 25. These regulations shall come into force as of the day of promulgation.

    






IMPLEMENTING RULES ON PUNISHMENT OF VIOLATION OF FOREIGN EXCHANGE CONTROL

Category  BANKING Organ of Promulgation  The State Council Status of Effect  Invalidated
Date of Promulgation  1985-04-05 Effective Date  1985-04-05 Date of Invalidation  1996-04-01


Implementing Rules on Punishment of Violation of Foreign Exchange Control



(Approved by the State Council on March 25, 1985, promulgated by the State

Administration of Foreign Exchange Control on April 5, 1985)(Editor’s Note:
These Rules have been annulled by Regulations of the People’s Republic of
China on Foreige Exchange Control promulgated on January 29, 1996 and
effective as of April 1, 1996)

    Article 1  These Rules are formulated for the implementation of Articles
31 and 33 of the Interim Regulations for Foreign Exchange Control of the
People’s Republic of China.

    Article 2  The following acts shall be regarded as unlawful procurement of
foreign exchange:

    (1) paying in Renminbi for imports or other items that ought to be paid in
foreign exchange, unless otherwise approved by the State Administration of
Foreign Exchange Control or its branch offices (hereinafter referred to as
foreign exchange control agencies), or stipulated by the State;

    (2) paying in Renminbi by organizations within territory to defray the
expenses in China for organizations stationed abroad, foreign organizations
stationed in China, enterprises with overseas Chinese capital, foreign-capital
enterprises, Chinese-foreign equity joint ventures, and individuals coming to
China for a short stay, in return for reimbursement in foreign exchange which
is not sold to the State;

    (3) paying in Renminbi by organizations stationed abroad to defray
expenses with their own Renminbi in China for others in return for
reimbursement in foreign exchange;

    (4) paying in Renminbi by foreign organizations stationed in China,
enterprises with overseas Chinese capital, foreign-capital enterprises,
Chinese-foreign equity joint ventures and the personnel thereof to defray
expenses for others in return for reimbursement in foreign exchange or in
other forms of a similar nature;

    (5) making repayments without approval of foreign exchange control
agencies in Renminbi by delegations, working groups or members thereof sent
abroad or to Hong Kong, Macao and other regions, who put to other uses or
spend on purchase of goods the foreign exchange allocated for the mission or
that earned from their various kinds of business operations;

    (6) offsetting export proceeds or other foreign exchange earnings against
import costs or other expenditures by organizations within territory.

    Article 3  Unlawful procurement of foreign exchange shall be penalized
according to different circumstances in the following ways:

    (1) If the foreign exchange unlawfully procured remains unused, the party
procuring the foreign exchange from others shall be ordered to repatriate the
foreign exchange within a prescribed time limit for a compulsory sale to the
State. If it has been used up, the party concerned must repay it either by a
compulsory sale to the State of an equal amount of foreign exchange or by a
deduction of the amount from the foreign exchange quota allotted to the said
party. In case the said party has no foreign exchange to repay, the difference
between the domestic and international market prices of the goods purchased
with the unlawfully procured exchange shall be paid. In addition, a fine
equivalent to 10-30% of the amount of the foreign exchange unlawfully procured
may be imposed.

    (2) The party procuring foreign exchange for others shall be fined a sum
equivalent to 10-30% of the amount of the foreign exchange illegally procured
in light of the seriousness of the case.

    Article 4  The following acts shall be regarded as evasion of foreign
exchange control:

    (1) retaining, spending or depositing foreign exchange earnings abroad by
organizations within territory without prior approval of the exchange control
agencies; depositing foreign exchange earnings abroad in violation of the
Regulations for Foreign Exchange Control Relating to Enterprises with Overseas
Chinese Capital, Foreign-capital Enterprises and Chinese-foreign Equity Joint
Ventures;

    (2) retaining or depositing abroad without authorization the foreign
exchange which is concealed by organizations within territory, enterprises
with overseas Chinese capital, foreign-capital enterprises and Chinese-foreign
equity joint ventures and which is acquired through such means as reporting
less foreign exchange receipts by understating the export prices or
commissions, or reporting more foreign exchange expenditures by overstating
the import prices, expenses and commissions.

    (3) retaining for business operations abroad or putting to other uses the
profits that ought to be repatriated according to State provisions, by
organizations stationed abroad or by Chinese joint venturers in
Chinese-foreign equity joint ventures established abroad;

    (4) failing to use the foreign exchange allocated for the mission or
earned from various kinds of business operations according to plans and
depositing it abroad or putting it to other uses, without otherwise approval
of the foreign exchange control agencies, by delegations or working groups and
the members thereof sent abroad or to Hong Kong, Macao and other regions.

    Article 5  Evasion of foreign exchange control shall be penalized
according to different circumstances in the following ways:

    (1) if the foreign exchange acquired through evasion still remains unused,
the evader or the involved competent department shall be ordered to repatriate
it within a prescribed time limit for compulsory sale to the State; or the
full amount of foreign exchange or part thereof shall be confiscated. In
addition, a fine equivalent to 10-50% of the amount of the foreign exchange
evaded may be imposed;

    (2) if the foreign exchange acquired through evasion has been used up, the
evader shall be ordered to repay an equal amount of foreign exchange which
shall be sold to the State or confiscated. In addition, a fine equivalent to
10-50% of the amount of the foreign exchange evaded may be imposed;

    (3) if the evader has no foreign exchange to repay, a fine equivalent to
no less than 30% of but no more than the full amount of the foreign exchange
acquired through evasion shall be imposed, or the illegal gains therefrom
shall be confiscated, or the fine and confiscation shall be imposed
concurrently.

    Article 6  The following acts shall be regarded as disrupting financial
stability:

    (1) engaging in foreign exchange business without prior approval of the
State Administration of Foreign Exchange Control or on a scale beyond the
approved business scope;

    (2) issuing securities denominated in foreign currencies in China or
abroad, or accepting loans offered by banks or enterprises in foreign
countries or in Hong Kong, Macao and other regions by organizations within
territory without prior approval of the State Council or the departments
authorized by the State Council;

    (3) using foreign currency by organizations within territory, without
otherwise approval of the foreign exchange control agencies, as the monetary
unit in settling accounts, borrowing or lending, making transfers or obtaining
mortgages, or as a medium of exchange in business transactions;

    (4) buying and selling foreign exchange without authorization or in any
disguised form, or at rates above those set by the State Administration of
Foreign Exchange Control, or profiteering in buying and selling foreign
exchange.

    Article 7  The following panalties shall be imposed on the offenders
involved in the cases listed in the preceding Article according to different
circumstances:

    (1) For cases referred to in paragraph (1), the offenders shall be ordered
to cease their foreign exchange business or operations that exceed the
approved scope, or their unlawful earnings shall be confiscated or a fine up
to but no more than the full amount of the illegal operating fund shall be
imposed, or the fine and confiscation shall be imposed concurrently.

    (2) For cases referred to in paragraph (2), the offenders shall be ordered
not to issue new securities or not to accept new loans, and may also be fined
a sum up to but no more than 20% of the securities issued or loans accepted.

    (3) For cases referred to in paragraphs (3) and (4), the offenders shall
be ordered to sell their unlawfully transacted foreign exchange to the State
and their illegal gains shall be confiscated, or a fine up to but no more than
the full amount of the foreign exchange illegally transacted shall be imposed,
or the fine and confiscation shall be imposed concurrently.

    Article 8  For other acts in violation of foreign exchange control not
specifically listed in Articles 2, 4 and 6, penalties may be meted out
according to the seriousness of the case with reference to the most relevant
provisions provided in these Rules.

    Article 9  In cases of minor offences, the offenders who voluntarily
confess to their unlawful activities before the foreign exchange control
agencies, show sincere repentance and demonstrate meritorious conduct by
informing against other offenders shall be dealt with leniently or exempt from
punishment. Offenders who refuse to confess, try to cover up their offences or
refuse to mend their ways despite repeated admonition shall be punished
severely in accordance with Articles 3, 5 and 7 of these Rules.

    Article 10  Serious cases of unlawful procurement of foreign exchange,
evasion of foreign exchange control or disrupting financial stability shall be
transferred to judicial organs for handling according to law.

    Article 11  To prevent violators from transferring their unlawfully
acquired funds when violations of foreign exchange control are under
investigation, the foreign exchange control agencies may ask the banks to
freeze the funds in question for a period of no more than two months. Upon
expiry, the funds shall be unfrozen automatically. If an extension of the
period is necessary under special circumstances, the relevant foreign exchange
control agency shall renew the notification to the bank concerned. In case a
violator refuses to pay the fine or the sum to be confiscated, the relevant
foreign exchange control agency may enforce the penalty by deducting the sum
from the violator’s bank account.

    Article 12  In cases where the foreign exchange control agencies impose
penalties, notices of penalty decision shall be served to the units or
individuals being penalized. If the party concerned does not agree with the
penalty decision, it(he) may appeal to the foreign exchange control agency at
the next higher level for reconsideration within 15 days as of the date of
receipt of the notice. If the party concerned still does not agree with the
decision of reconsideration, it(he) may bring a suit in the local people’s
court.

    Article 13  Cases involving violation of foreign exchange control
regulations shall be handled by the foreign exchange control agencies; cases
involving unlawful procurement of foreign exchange and evasion of foreign
exchange control that are of the nature of smuggling by means of illegally
getting the goods into or out of the country as part of luggage and personal
effects, by post or other means of transport, shall be handled by the Customs;
and cases involving the use of foreign exchange or payment instruments in
foreign currency for speculation and profiteering shall be handled by the
administrative departments for industry and commerce.

    Article 14  Measures for penalizing violations of foreign exchange control
in the special economic zones shall be separately formulated by the
Governments of Guangdong and Fujian Provinces by taking reference to these
Rules.

    Article 15  The State Administration of Foreign Exchange Control shall be
responsible for interpreting these Rules.

    Article 16  These Rules shall come into force as of the date of
promulgation.






NTERIM PROCEDURES FOR THE CONTROL OVER INSPECTION OF IMPORTED HOME ELECTRIC APPLIANCES