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1991

INTERIM PROVISIONS ON CLAIMS FOR PRIORITY IN APPLYING FOR REGISTRATION OF TRADEMARKS

Category  INTELLECTUAL PROPERTY RIGHT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1985-03-15 Effective Date  1985-03-15  


Interim Provisions on Claims for Priority in Applying for Registration of Trademarks



(Approved by the State Council on March 15, 1985, promulgated by the State

Administration for Industry and Commerce on March 15, 1985)

    In accordance with Article 9 of the Trademark Law of the People’s Republic
of China and Article 4 of the Paris Convention for the Protection of Industrial
Property, the Provisions on claims for priority in applying for registration of
trademarks in China by nationals of the States Parties to the Paris Convention
are formulated as follows:

    1. From March 19, 1985, the Trademark Office of the State Administration
for Industry and Commerce of the People’s Republic of China shall entertain
claims for priority made by nationals of the States Parties to the Paris
Convention in their application for registration of trademarks in China.

    2. From March 19, 1985, nationals of the States Parties to the Paris
Convention, who after filing an application for registration of a trademark in
any other State Party, file another application for registration of the same
trademark for the same product in China, may claim priority within six months
after the first filing, in accordance with the Paris Convention.

    3. An applicant who claims priority according to the provisions of the
preceding paragraph shall, at the time of filing the application, submit a
written declaration, together with a duplicate of the first application for
registration of the Trademark filed in another State Party to the Paris
Convention. The duplicate shall be certified by the department in charge of
trademarks of that State, and the application date and the application number
shall be clearly stated. The duplicate does not need to be authenticated, but
the other papers required to be submitted to the Trademark Office shall be
authenticated.

    When declaring claim for priority, the applicant may, in case the above-
mentioned duplicate and the related papers are not available, submit them
within three months following the date of second filing. If no written
declaration is submitted or the duplicate and the related papers are not
submitted at the expiry of three months, the applicant shall not be regarded
as having claimed priority.

    4. When the written declaration is approved, the date of the first
application for registration of the trademark filed in another State Party to
the Paris Convention shall be regarded as the application date in China.





PROVISIONAL REGULATIONS OF THE STATE GENERAL ADMINISTRATION FOR INDUSTRY AND COMMERCE ON AUTOMOBILE TRADING MARKET CONTROL

Provisional Regulations of the State General Administration for Industry and Commerce on Automobile Trading Market Control

     (Effective Date:1985.09.01–Ineffective Date:)

For the purpose of strengthening supervision and administration of automobile trading activities, protecting legal business, preventing
illegal profiteering and assuring that the reform of the system of circulation of goods and materials proceeds smoothly, the following
provisions are made.

1. Automobile trading centres (which in these regulations includes marketing outlets) established by departments in charge of goods
and materials and automobile industry trading companies set up by the China Automobile Industry Sales Service Corporation may engage
in automobile marketing and organise automobile trading activities. When the above-mentioned centres and companies start business,
they must be approved and registered by a department administering industry and commerce and obtain a business licence.

2. All automobiles put on the market with State Council approval by departments or organs of a People’s Government of a province,
autonomous region or municipality under the direct control of the Central Government and those automobiles sold by those production
enterprises producing for the State quota which have exceeded their quota (including those automobiles manufactured by the military
which are sold for civilian use) must be traded through an automobile trading centre under a department in charge of goods and materials
or through an automobile industry trading company under the China Automobile Industry Sales Service Corporation. Those automobiles
produced by factories not producing for the State quota shall also be traded through the above-mentioned centres or companies.

In relation to automobiles subject to a “production co-operation exchange” or a “production adjustment exchange”, the two sides may
decide through discussion to put them on the market. It is forbidden to profiteer in the name of co-operative exchange.

3. Automobile trading may take a variety of forms. Production enterprises may themselves establish sales outlets in the market, or
may appoint someone on a commission basis, or buy and sell by mail. They may be traded as merchandise on hand and may also be traded
as future merchandise. In all cases where they are traded as future merchandise, a contract must be signed by both buyer and seller.

4. As from 1 November 1985, where an automobile is the subject of a transaction in an automobile trading centre under a department
in charge of goods and materials or in an automobile industry trading company under the China Automobile Industry Sales Service Corporation,
the invoice shall be verified and sealed by a body administering industry and commerce. Without the seal of a body administering
industry and commerce, licence plates may not be issued by the public security or traffic supervision authorities, nor shall registration
be granted.

5. In the case of all automobiles sold through the automobile trading centres of the departments in charge of goods and materials
or through the automobile industry trading companies under the China Automobile Industry Sales Service Corporation, where the State
has set a price or a price range, they must be sold in accordance with that price or for a price within that price range. If the
State has not set a price or price range, the production enterprises may trade by fixing a price themselves and labelling them with
the price or may negotiate a price according to the market.

6. Used vehicles (except those used automobiles imported under the State plan) must be traded in the markets designated by the People’s
Governments of provinces, autonomous regions and municipalities under the direct control of the Central Government; in order to complete
the formalities of transfer of registration a market trading certificate must be shown. It is forbidden to sell used vehicles which,
under the regulations, must be scrapped.

7. In relation to automobile trading markets, departments in charge of goods and materials and automobile industry sales service companies
shall provide information and shall offer good service. Industrial enterprises shall improve the quality of their products and sell
their products to meet the needs of the market. Administrative bodies in charge of industry and commerce shall strengthen supervision
and administration and co-ordinate the economic relations of all parties.

8. In automobile trading, State policies and regulations must be conformed to, taxes must be paid in accordance with the regulations
and administration and supervision must be accepted. It is not permitted to operate without a licence; it is not permitted to sell
products produced for a plan at a negotiated price; it is not permitted to resell production quotas, sales or purchase contracts,
invoices or bills of lading; it is not permitted to pass off second-class items as good. Offenders shall be dealt with by the industry
and commerce, tax and other authorities in accordance with the relevant regulations. Where the criminal code is breached, the judicial
authorities will, in accordance with the law, investigate and determine criminal liability.

    





INTERIM PROVISIONS OF THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINA ON PREFERENTIAL TREATMENT FOR PORT AND TERMINAL DEVELOPMENT PROJECTS FINANCED BY CHINESE AND FOREIGN JOINT VENTURES

The State Council

Interim Provisions of the State Council of the People’s Republic of China on Preferential Treatment for Port and Terminal Development
Projects Financed by Chinese and Foreign Joint Ventures

GuoFa [1985] No.118

September 30, 1985

Article 1

These Provisions are formulated to promote the economic cooperation and technical interchange between China and foreign countries
and to speed up the development of ports and terminals, in order to keep in line with the needs of the socialist modernisation of
this country.

Article 2

In jointly financing port or terminal projects within the territory of the People’s Republic of China through the establishment of
joint ventures with Chinese partners, foreign corporations, enterprises or individuals involved (hereinafter referred to as foreign
partners) shall, besides abiding by the laws and statutes of regulations pertaining thereto, be enpost_titled to preferential treatment
in accordance with the provisions of these Provisions, in view of the fact that such projects are usually capital intensive and time
consuming in nature and the rate of return is low.

Article 3

Joint ventures heretofore referred to may operate for a fairly long term, for instance over 30 years, the actual time period being
subject to consultation and agreement between the parties. Upon expiration of the term of operation, an extension of such a term
can be applied for if the parties so desire and, after the application has been duly submitted and approved by the Ministry of Foreign
Economic Relations and Trade or other bodies designated thereby for this purpose, the extension will be granted.

Article 4

The said joint ventures may recover their investment by accelerating the depreciation of the fixed assets upon application by the
parties involved, and the same shall be granted after being examined and endorsed by the taxation authorities and approved by the
Ministry of Finance of the People’s Republic of China.

Article 5

Exemption from customs duties and consolidated commercial-industrial tax can be obtained with respect to joint ventures importing
materials, cargo handling facilities, transportation equipment and other devices or appliances for terminal construction purposes,
provided that the expenses incurred have been covered by and kept within the limit of the gross investment of the project.

Article 6

15% income tax shall be levied on and paid by the joint ventures heretofore referred to. However, newly established joint ventures
with a term of operation of 15 years or more shall, counting from the first profit-yielding year, be exempted from income tax for
the first through the fifth year of operation, and be enpost_titled to a 50% reduction of such income tax for the fifth through the tenth
year of operation, upon application to and approval by the taxation authorities of the provinces, autonomous regions or municipalities
directly under the Central Government where such joint ventures are located.

Upon the approval of the Ministry of Finance of the People’s Republic of China, the term of exemption from or reduction of taxation
referred to in the preceding paragraph can be further extended, as appropriate, in favour of joint ventures having difficulty paying
such tax after such term has expired.

Any exemption from or reduction of local income tax levied on joint ventures, if so justified, shall be determined by the respective
governments of the provinces, autonomous regions or municipalities directly under the Central Government where such joint ventures
are located.

Article 7

Foreign partners of joint ventures remitting outside China their profit gained from the operation of joint ventures shall be exempted
from income tax.

Article 8

The rates and tariffs for stevedorage and other related charges pertaining to joint-ventured ports and terminals shall be fixed by
the joint ventures themselves and filed with the departments in charge and the local price authorities for record.

Article 9

Where the foreign partners of a joint venture reinvest in new joint-ventured berths or terminals for a term not less than five years
with their profit earned through the operation of such a joint venture, a 40% refund of the amount of tax already paid on account
of such reinvestment shall be granted upon application by such foreign partners and approval of the taxation authorities.

Article 10

The said joint ventures may concurrently engage in other business items calling for less capital investment, shorter periods of construction
and yielding higher rates of profit gains. Matters pertaining thereto shall be handled pursuant to the relevant rules and regulations
currently in force.

Article 11

These Provisions shall be applied mutatis mutandis to corporations, enterprises or individuals from Hong Kong or Macao making investments
in joint ventures for port and terminal development projects in the People’s Republic of China.

Article 12

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



 
The State Council
1985-09-30

 






MEASURES FOR THE IMPOSITION OF SURCHARGES FOR PURCHASES OF MOTOR VEHICLES

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1985-04-02 Effective Date  1985-05-01  


Measures for the Imposition of Surcharges for Purchases of Motor Vehicles



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

    Article 1  Highways are infrastructure to serve the whole society. To
speed up the construction of highways so as to meet the increasing demands
for highways owing to the socio-economic development and the rising living
standards of the people, these Measures are formulated based on the decision
to impose surcharges for purchases of motor vehicles as a special source of
funds for the construction of highways.

    Article 2  Surcharges for purchases of motor vehicles are imposed
nationwide and each vehicle purchased shall be surcharged only once.

    Article 3  A surcharge must be paid for all purchased motor vehicles to
be assembled and used by the purchasers themselves (not including manpowered
vehicles, animal-drown vehicles or bicycles) upon purchase or actual use.

    Article 4  The purchasers or users (including State organs and armed
forces) of the vehicles are obliged to the surcharge (hereinafter referred
to as payers).

    Article 5  Surcharges shall apply to purchases of the following motor
vehicles:

    (1) Domestically manufactured or assembled vehicles for domestic sale
and use (including those manufactured and assembled by various forms of joint
ventures and foreign-capital enterprises). These include buses, mini-buses,
general-purpose freight vehicles, cross-country vehicles, passenger vans,
two-wheel and three-wheel motorcycles, tractor trucks, semi-tractor trucks,
other transport vehicles (including delivery vans, container, trucks, tipper
lorries, tankers, lorries for transporting powdered or particulate cargoes
in bulk, cold storage and heat preservation vans, cattle vans, mail vehicles,
etc.) as well as trailers, semi-trailers and trailers for special usage.

    (2) All imported (new ones and the second-hand) vehicles as listed in
the preceeding paragraph.

    Article 6  The following vehicles shall be exempt from surcharges:

    (1) Vehicles with fixed installations for purposes other than
transportation.

    (2) Vehicles used by foreign embassies and consulates, representative
offices of the UN organizations and international financial organizations in
China.

    (3) Other vehicles exempt from surcharges as approved by the Ministry
of Communications and Ministry of Finance.

    Article 7  The collection of the surcharge for purchases of motor
vehicles shall be administered by the communications departments and the
surcharges shall be collected on their behalf by the units listed in these
Measures.

    Article 8  The surcharge for the vehicles manufactured and assembled
domestically shall be collected by the producers or assemblers; the rate of
the surcharge shall be calculated on the basis of the actual sale price. The
surcharge for vehicles assembled and used by the purchaser shall be paid at
the local communications departments and the rate be calculated on the basis
of the local market price of similar vehicles. The rate of the surcharge for
domestically manufactured and assembled vehicles is 10 per cent.

    Article 9  The surcharge for imported vehicles shall be collected by the
Customs. The rate shall be 15 per cent based upon a combined price (i.e.
C.I.F. + duties + the value added tax).

    Article 10  The payers, upon surcharge payment, shall be issued
“surcharge-paid” certificates. The form of certificates shall be devised by
the Ministry of Communications.

    Article 11  Only with “surcharge-paid” certificates can the payers
apply for vehicle licence plates to the communications superintendences or
vehicle control departments of the public security organs, which shall, in
cases of evasion of payment, order the evaders to pay the surcharges at the
local communications departments, with an additional service charge.

    Article 12  Purchasers of the vehicles that are exempt from the surcharge
shall apply to the local communications departments for exemption certificates
before registration with the local communications superintendencies or public
security organs for vehicle license plates.

    Article 13  The incomes from the collection of surcharges for purchases
of motor vehicles shall be deposited with the China Industrial and Commercial
Bank in a special account of Ministry of Communications and shall be
transferred to the account by the Bank’s local branches.

    Article 14  The surcharges for purchases of motor vehicles shall be exempt
from the State Fund for Energy and Transportation development.

    Article 15  The entire income of surcharges for purchases of motor
vehicles shall be a source of funds for the country’s highway development. The
funds shall be used under the unified arrangement of the Ministry of
Communications according to relevant regulations of the State.

    Article 16  The collection and transfer of the surcharges are administered
and supervised in a unified way by communications departments at various
levels. The collecting units for surcharges for purchases of motor vehicles
shall establish special account books and deposit the money collected in the
special accounts of the Ministry of Communications for surcharge for purchase
of motor vehicles at the local industrial and commercial branch banks. They
shall also fill out relevant forms and statements and submit them to the
communications departments in charge of collecting the surcharges. The
collecting units are enpost_titled to draw 0.3 per cent of the amount collected
as service charge.

    Article 17  The communications departments in charge of the surcharges
have the right to supervise the collecting units with respect to the
conditions of the collection and transfer. Immediate rectification shall be
required for any failure to act upon these Measures; and fines shall be
imposed on surcharge omissions or delayed transfers.

    Article 18  Payers who fail to pay surcharges according to these Measures
shall make up the payment and, in addition, be imposed according to the
circumstances, a fine up to five times or less the amount due. Forgery of
certificates shall be punished according to law.

    Article 19  In cases where disputes occur between the payers and the
collecting departments, the payers shall pay first as demanded and then
apply to higher communications department or finance departments for
reconsideration.

    Article 20  Individuals and units that expose or report on cases of
surcharge evasion or certificate forgery shall be awarded.

    Article 21  The Ministry of Communications and the Ministry of Finance
shall be responsible for the interpretation of these Measures and the
formulation of the rules for the implementation thereof.

    Article 22  These Measures shall go into effect on May 1, 1985.





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CIRCULAR OF THE STATE COUNCIL ON STARTING LEVY OF IMPORT REGULATORY TAXES ON CERTAIN

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CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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