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 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 Article 2 The term “foreign-funded banks” referred to in these Regulations means the branch banks established in the special economic zones The term “Chinese-foreign equity joint banks” referred to in these Regulations means banks jointly funded and operated in the special 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 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 branch banks of the People’s Bank of China in the special economic zones shall exercise administration and supervision over the The State Administration of Foreign Exchange Control shall be responsible for the issuance of the licence for business operations Article 5 Application for the establishment of a foreign bank or a Chinese-foreign equity joint bank shall be handled in accordance with the 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 (1) a written application duty signed by the chairman of the board of directors or the general manager with the authorization of the board (2) articles of association of the head office of the bank, the composition of the board of directors, the balance sheets, statements (3) a copy of the business licence verified and issued by the competent authorities in the country or region where the bank is located; (4) letters of undertaking issued by the head office of the bank assuming the tax and debt repayment obligations for the intended branch 2. For the establishment of the head office of a foreign bank in a special economic zone, the foreign investors concerned shall file (1) a written application for the establishment of the foreign bank, containing such information as the name of the head office of the (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 (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 (1) a written application for the establishment of the equity joint bank, containing such information as the name of the equity joint (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 (4) a list of the candidates for the board of directors, including its chairman and vice-chairmen, jointly nominated by all the investing 4. Where foreign-funded banks and Chinese-foreign equity joint banks established in the special economic zones intend to establish separate 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 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 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 10. deposits in the domestic currency and in foreign currencies and overdrafts by enterprises with overseas Chinese capital, foreign-capital 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 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 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, Where a foreign bank or a Chinese-foreign equity joint bank fails to commence its business operations within 12 months following the 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 Article 10 The business operations in exchange and settlement between the domestic currency and foreign currencies of a foreign bank or of a The rates of interest with respect to the various kinds of deposits, loans, overdrafts and discount of negotiable instruments in the Article 11 A foreign bank or a Chinese-foreign equity joint bank that handles various deposits in the domestic currency or in foreign currencies 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 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 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 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 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 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 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 A foreign bank or a Chinese-foreign equity joint bank that is to suspend its business operations shall, in accordance with the provisions Upon the completion of liquidation as referred to in the preceding paragraph, the foreign bank or Chinese-foreign equity joint bank 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, If a foreign-funded bank or a Chinese-foreign equity joint bank violates the laws and regulations to an especially serious extent, Article 17 These Regulations shall also apply to banks and financial institutions with overseas Chinese capital or with capital from Hong Kong 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 |
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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 |
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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
(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 Article 2. In these Regulations, “foreign banks” means the branches set up in the special economic zones by banks the head offices of which In these Regulations, “joint Chinese-foreign banks” means banks operated in the special economic zones by banks or financial institutions Article 3. Foreign and joint Chinese-foreign banks shall abide by the laws and regulations of the People’s Republic of China; their legitimate 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 branches of the People’s Bank of China in the special economic zones shall exercise control and supervision over foreign and joint The State Administration of Exchange Control issues licences for foreign exchange operations to foreign and joint Chinese-foreign Article 5. An application for the establishment of a foreign and joint Chinese-foreign bank shall be made in accordance with the following (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 1. A written application signed by the chairman or general manager of the bank with the authorisation of its board of directors and 2. Articles of association, a list of the members of the board of directors, and the balance sheets, profit and loss statements and 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 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 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 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 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 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 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 10. Local and foreign currency deposits and overdrafts by overseas Chinese enterprises, foreign enterprises, Chinese-foreign joint 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 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 Article 8. A foreign or joint Chinese-foreign bank shall, within 30 days from the date of its being approved, register with the Administration Where a foreign or joint Chinese-foreign bank fails to open business within twelve months after the date of its being approved, the 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 Article 10. The exchange and settlement between the local currency and foreign currencies by a foreign and joint Chinese-foreign bank shall The interest rates applied by a foreign and joint Chinese-foreign bank to local or foreign currency deposits, loans, overdrafts and Article 11. A foreign or joint Chinese-foreign bank accepting local or foreign currency deposits within a special economic zone shall keep on 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 (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 (3) The balance sheet, profit and loss statement, and statement of the balances of accounting items for the previous year, along with 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 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 The foreign staff and workers and the Hong Kong and Macao staff and workers of a foreign and joint Chinese-foreign bank may remit Article 15. A foreign or joint Chinese-foreign bank that intends to terminate its business operations shall submit a written report for approval A foreign or joint Chinese-foreign bank that winds up business in accordance with the law shall be liquidated under the supervision After liquidation, the foreign or joint Chinese-foreign bank mentioned in the previous section shall approach the department that 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 In particularly serious cases, the foreign or joint Chinese-foreign bank may be ordered to stop its business operations or even to Article 17. These Regulations shall also apply to banks or financial institutions with overseas Chinese capital, Xianggang (Hong Kong) 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.
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PHARMACEUTICAL ADMINISTRATION LAW
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 ContentsChapter I General ProvisionsChapter II Administration of Pharmaceutical Producing EnterprisesChapter III PharmaceuticalsChapter IX Supervision over PharmaceuticalsChapter X Legal ResponsibilityChapter XI Supplementary Chapter I General ProvisionsArticle 1This Law is formulated with a view to enhancing the supervision andcontrol Chapter II Administration of Pharmaceutical Producing EnterprisesArticle 4The establishment of a pharmaceutical producing Chapter III Administration of Pharmaceutical Trading EnterprisesArticle 10The establishment of a pharmaceutical trading Chapter IV Administration of Pharmaceuticals at Medical UnitsArticle 16Medical units must be staffed with pharmaceutical Chapter V Pharmaceutical AdministrationArticle 21The state encourages research on and development of new medicines.When Chapter VI Packaging and Repackaging of PharmaceuticalsArticle 36Packaging must meet the specific quality requirements Chapter VII Pharmaceuticals Under Special ControlArticle 39The state adopts special measures for the control of Chapter VIII Administration of Trademarks and Advertisements of PharmaceuticalsArticle 41Registered trademarks must Chapter IX Supervision over PharmaceuticalsArticle 45The administrative departments of health at or above the county Chapter X Legal ResponsibilityArticle 50Whoever produces or sells fake medicines shall have his fake medicines andunlawful Chapter XI Supplementary ProvisionsArticle 57For the purpose of this Law, the definitions of the following terms are:”Pharmaceuticals”
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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
(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 Article 2. Trade unions in enterprises in the special zones mentioned in these regulations refer to trade union organizations set up, in accordance 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 Article 4. Staff and workers of special zone enterprises, as part of the Chinese working class, may, in accordance with the Chinese Trade Union 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 Article 6. Trade unions in special zone enterprises are representatives of the interests of the staff and workers. They shall protect pursuant 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 Article 8. Trade unions in special zone enterprises shall support the production and management and administration of the enterprises, educate Article 9. Trade unions in the special zone enterprises shall organize for the staff and workers political, scientific and technical and literary Article 10. Trade unions in the special zone enterprises shall be concerned with the well-being of the staff and workers, help and supervise Article 11. Trade unions in the special zone enterprises shall carry on various activities to promote their unity and friendship with Hong Kong, Article 12. Trade union representatives may pursuant to the law attend as non-voting members and report the opinions and demands of the staff Board of directors of a special zone enterprise, at meetings to discuss and decide on awards and penalties to staff and workers, wage Article 13. In solo ventures of outside investors, a labour-capital consultative meeting system shall be established, and trade union representatives Article 14. Special zone enterprises shall observe the legal regulations of the special zones on labour management and the stipulations of the 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 Article 16. Trade unions in special zone enterprises shall in accordance with the Articles of Association of Chinese Trade Union set up committees Members of grass-root trade union committees shall generally not withdraw from production, but in enterprises that have comparatively 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 Article 18. When a special zone enterprise transfers a trade union committee member to another post or dismisses him, consent of the trade union When a full-time trade union committee member no longer holds his post in the trade union, the enterprise concerned shall according Article 19. Activities organized by trade unions in special zone enterprises shall usually not take up production (working) hours. In the event 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 Article 21. A special zone enterprise shall, in accordance with the stipulations of the Chinese Trade Union Law and the Regulations for the Implementation Members of trade unions in special zone enterprises shall pay membership fees each month in accordance with the rules formulated by Trade unions in special zone enterprises shall, in accordance with the financial disciplines set forth by the state or the special Article 22. Labour disputes arising between trade unions in special zone enterprises and the enterprises may be settled through consultations Article 23. All staff and workers from Hong Kong, Macao and Taiwan, overseas Chinese or foreign staff and workers, employed to work in special Article 24. Members of trade unions in special zone enterprises among staff and workers from Hong Kong, Macao and Taiwan, overseas Chinese or Article 25. These regulations shall come into force as of the day of promulgation.
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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 |
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(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.