THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON INDUSTRIAL ENTERPRISES OWNED BY THE WHOLE PEOPLE
ORGANIC LAW OF THE VILLAGERS COMMITTEE (FOR TRIAL IMPLEMENTATION)
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(Effective Date:1988.06.01–Ineffective Date:)
Article 1. This Law is formulated in accordance with the relevant provisions of the Constitution of the People’s Republic of China with a view Article 2. The villagers committee shall be the primary mass organization of self-government, in which the villagers manage their own affairs, Article 3. The people’s government of a township, a nationality township or a town shall give guidance, support and help to the villagers committees Article 4. The villagers committee shall support and organize the villagers in co-operative economic undertakings in various forms, such as The villagers committee shall respect the decision-making power of collective economic organizations in conducting their economic The villagers committee shall, in accordance with the law, administer affairs concerning the land and other property owned collectively Article 5. The villagers committee shall publicize the Constitution and the laws, regulations and state policies among the villagers; persuade Article 6. In villages where people from more than one nationality live, the villagers committees shall persuade the villagers to enhance the Article 7. Villagers committees shall be established on the basis of the distribution of the villagers and the sizes of the population and on Villagers committees shall generally be established in natural villages; several natural villages may jointly establish a villagers The establishment or dissolution of a villagers committee or a readjustment in the area governed by it shall be proposed by the people
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PROVISIONS FOR THE MONITORING AND CONTROL OF AIDS
| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1988-01-14 | Effective Date | 1988-01-14 |
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Provisions for the Monitoring and Control of Aids |
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(Approved by the State Council on December 26, 1987, and promulgated
jointly by the Ministry of Public Health, the Ministry of Foreign Affairs,
the Ministry of Public Security, the State Education Commission, the National
Tourism Administration, the Civil Aviation Administration of China and the
State Bureau of Foreign Expert Affairs on January 14, 1988)
Article 1 These Provisions are formulated in order to prevent AIDS from
entering, occuring and spreading in China so as to safeguard the health of the
Chinese people.
Article 2 The objects subject to the monitoring and cotrol of AIDS as
defined in these provisions are:
(1) victims of AIDS;
(2) carriers of the AIDS virus;
(3) suspects of AIDS and those who have close contact with persons as
defined in Items (1) and (2) of this Article;
(4) blood, hemoproducts, toxicostrain, biological tissue, animals and
other articles that have been contaminated by the AIDS virus or may cause the
spreading of AIDS.
Article 3 The health administrative departments at all levels shall be in
charge of AIDS monitoring and control within their respective jurisdiction.
The public security organs, foreign affairs offices, Customs
establishments, tourist agencies, education departments, aviation, railway and
other transportation units as well as all the enterprises, institutions and
social organizations shall help the health administrative departments in
taking precautionary measures against the spread of AIDS.
Article 4 Upon arrival, any passenger who enters China shall fill in a
health declaration card truthfully, and submit it to the health quarantine
organ for inspection.
Article 5 When applying for entry visa, any foreign national who plans to
settle down in China or stay (or study) in China for one year or longer is
required to furnish the AIDS Serological Examination Certificate issued by a
public hospital or by a private hospital notarized by the notary office in the
country of origin and the said certificate must be authenticated by the
Chinese Embassy or consulate in that country. The certificate shall remain
valid for six months as of the date of issue.
Foreign nationals who fail to undergo AIDS serological examination in
their home countries for lack of necessary conditions, must go to a designated
professional health organ for the examination within 20 days after entry.
Article 6 Those foreign nationals who belong to the categories as defined
in Items (1) and (2) of Article 2 in these Provisions shall be barred from
entering China.
Those who are not allowed to enter China but have already arrived at a
China border port, must leave the border as soon as possible by the same means
of transport or a means of transport of the country where they reside. If
necessary, China civil air, railways or other transportation departments shall
make arrangements for their departure. Before they leave the border, they must
be placed in isolation by the health quarantine organ at the border port.
Article 7 Where any foreign nationals who stay in China are found to be
objects as defined in Items (1) and (2) of article 2 in these Provisions, the
local health administrative department may request the public security organ
to order them to leave China without delay.
Article 8 Chinese citizens who have settled down abroad of have stayed
abroad for over one year (including those Chinese seamen working on foreign
vessels) and who intend to resettle down in China or stay in China for over
one year are required to go to a designated professional health organ for
physical checkup within two months after they return to China.
Article 9 All units and persons are strictly prohibited from importing or
carrying in any articles as defined in Item (4) of Article 2 in these
Provisions. In the case of necessity, an application must be made to the
Ministry of Public Health for examination and approval.
Article 10 The AIDS virus strain shall be kept and used by the units
designated by the Ministry of Public Health. Without permission by the
Ministry of Public Health, no unit or person shall be allowed to exchange,
pass on or use the virus strain within China.
Article 11 Blood and hemoproducts must undergo AIDS antibody virus
monitoring. Carriers of AIDS virus are forbidden to donate their tissue,
organs, blood and seminal fluid.
Article 12 The health administrative departments in all the provinces,
autonomous regions and municipalities directly under the Central Government
shall organize the monitoring of AIDS. The monitoring work shall mainly cover
the following fields:
(1) collecting, processing and analyzing information of AIDS incidence;
(2) carrying out serological examination among the target groups of
people;
(3) making a survey and analysis of epidemiological factors.
Article 13 When conducting AIDS serological examination, any syringe used
must be disposable. Other medical equipment must be thoroughly disinfected so
as to guard against iatrogenic infection.
Article 14 As prescribed by the State, AIDS is an infectious disease that
must be reported.
Article l5 When carrying out their official duties, if the civil
administration organ, the public security organ and the judicial organs find
any persons susceptible to the spread of AIDS, they must be sent right away to
the health department to undergo AIDS examinations.
Article 16 Medical units must keep close watch for AIDS cases among the
visiting patients. If any suspect of AIDS is found, the case must be
diagnosed, treated and reported without delay.
Article 17 Medical workers or health workers of preventive medicine or
medical treatment shall, after making a definite diagnosis of an AIDS case or
deciding on a case of AIDS suspect or a case of AIDS carrier, immediately
report the case to the local health and epidemic prevention organ. The latter
must report the case to the health administrative department at a higher level
within twelve hours.
If any other people find any suspect of AIDS, it is required that they
report the case immediately to the local prevention, medical or health organ.
No unit or person may conceal the case from or delay the report of the
case to the organs concerned.
Article 18 When a health administrative department sends its officers to
make an investigation of AIDS, the units or persons concerned are duty-bound
to provide detailed information about the occurance, spreading, metastasis of
the disease and guarantee that the information is true and complete.
Article 19 The health administrative department must verify the reported
information without delay. The material reported must include a diagnosis
issued by a designated professional health organ.
Article 20 The nationwide information about AIDS incidence shall be
released by the Ministry of Public Health.
Article 21 No unit or person may discriminate against AIDS victims, AIDS
virus carriers or their relatives. No information about the victims such as
their names, addresses, etc. shall be made public.
Article 22 Every unit or person must follow the precautionary measures
taken by the health department for the purpose of preventing and checking the
incidence of AIDS.
Article 23 When a hygiene organ, medical treatment organ or health organ
has found a person who belongs to the category of people defined in Item (1)
of Article 2 of these Provisions, it must place the person in isolation and
send him/her to a hospital designated by the health administrative department
for medical treatment.
Article 24 When a hygiene Organ, medical treatment organ or health organ
has found a person who belongs to the category of people defined in Item (2)
or (3) of Article 2 of these Provisions, some or all of the following measures
must be taken according to the prevention requirements:
(1) detention for physical checkup;
(2) restriction on movement;
(3) medical observation;
(4) regular or irregular medical visits.
Article 25 The dead body of an AIDS victim or an AIDS virus carrier must
be cremated locally.
Article 26 The units or individuals concerned shall, under the
supervision and guidance of the health and prevention organ, exercise
disinfection to the secretion, excretion of AIDS victims or AIDS virus
carriers, and the articles and places, which they have come into contact with
and which might have been contaminated. If necessary, the disinfection shall
be conducted by the health and prevention organ itself.
Article 27 When the hygiene, medical treatment or health organs perform
their duties as stipulated in Articles 23 and 24 of these Provisions, the
public security organs and other units concerned shall offer assistance.
Article 28 Any unit or person that has committed any one of the following
acts in violation of the Provisions shall be punished by the health
administrative department in the form of a fine of no less than RMB 50 and no
more than RMB 3,000 and shall be forced to take precaution, treatment and
disinfection measures:
(1) conceal the case of AIDS and evade examination;
(2) spread AIDS with awareness that there exist AIDS cases or AIDS virus
carriers;
(3) withhold from declaring articles brought in at the time of entry as
defined in Item (4) of Article 2 of these Provisions;
(4) refuse to carry out the precaution and control measures against the
spread of AIDS as defined in Articles 23, 24, 25 and 26 of these Provisions.
Article 29 For any violation of these Provisions that has resulted in the
spread of AIDS or the danger of spreading AIDS, criminal responsibility shall
be investigated by the judicial organs accorrding to law.
Article 30 For the purpose of these Provisions, the definitions of the
following terms are:
(1) “AIDS” means acquired immunity deficiency syndrome.
(2) “AIDS victim” means a person whose reaction to AIDS virus antibody is
positive and clinically a conditioned infection or malignant tumour is
diagnosed.
(3) “AIDS virus carrier” means a person whose reaction to AIDS virus
antibody is positive but with no symptoms of AIDS or without enough symptoms
to be diagnosed as AIDS victim.
(4) “foreign national” means a person who does not have Chinese
nationality as defined in “The Nationality Law of the People’s Republic of
China”.
Article 31 A fee shall be charged, according to relevant regulations, for
the service of taking prevention measures and giving medical treatment or
examination.
Article 32 The right to interpret these Provisions resides in the
Ministry of Public Health.
Article 33 These Provisions shall go into effect as of the date of
promulgation.
INTERIM REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON STAMP TAX
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The State Council Decree of the State Council of the People’s Republic of China No. 11 Interim Regulations of the People’s Republic of China on Stamp Tax adopted by the 9th Executive Meeting of the State Council on June Premier of the State Council, Li Peng August 6, 1988 Interim Regulations of the People’s Republic of China on Stamp Tax Article 1 All units and individuals who execute or receive, within the territory of the People’s Republic of China, documents in the categories Article 2 The following categories of documents shall be taxable documents: (1) Contracts or documents in the nature of a contract with regard to: purchases and sales, the undertaking of processing, contracting (2) Documents for transfer of property rights; (3) Business account books; (4) Certificates evidencing rights or licenses; and (5) Other documents that are taxable as determined by the Ministry of Finance. Article 3 According to the nature of the taxable document, taxpayers shall calculate the amount of tax due on the basis of a flat tax rate or No stamp tax shall be due where the amount of tax payable does not exceed one jiao. Where the amount of tax payable is one jiao or more, an odd amount not exceeding five fen shall not be counted; where the odd amount Article 4 The following documents shall be exempt from stamp tax: (1) Duplicates or copies of documents on which stamp tax has already been paid; (2) Documents executed for the donation of property to the government, social welfare establishments or schools by the property owner; (3) Other documents which are exempt from stamp tax with the approval of the Ministry of Finance. Article 5 Measures for the payment of stamp tax shall be implemented whereby taxpayers shall, in accordance with the provisions, calculate the In order to simplify the stamping procedures where the amount of tax to be paid is relatively large or where frequent stamping is Article 6 “Fax stamps shall be affixed to taxable documents; taxpayers shall cancel each stamp along its border with a seal or a drawn line. Tax stamps that have already been affixed may not be reused. Article 7 Tax stamps shall be affixed to taxable documents at the time of execution or upon receipt. Article 8 Where the same document is executed by two or more parties and each party holds a copy; each party shall be responsible for affixing Article 9 Where a document on which tax stamps have already been affixed is amended, resulting in an increase in the value thereof, additional Article 10 The tax authorities shall be responsible for the administration of the collection of stamp tax. Article 11 The State Administration of Taxation shall supervise the printing of the tax stamps. The face value of tax stamps shall be denominated Article 12 Units issuing or processing taxable documents shall be responsible for the supervision to taxpayers in respect of the payment of stamp Article 13 Where taxpayers are found to have engaged in any of the following, the tax authorities shall impose penalties in light of the seriousness (1) In the case of a failure to affix tax stamps, or to affix an insufficient amount of tax stamps, on taxable documents, the tax authorities (2) In the case of a violation of the provisions of Paragraph 1 of Article 6 of these Regulations, the tax authorities may impose a fine (3) In the case of a violation of the provisions of Paragraph 2 of Article 6 of these Regulations, the tax authorities may impose a fine In a case where tax stamps have been forged, the tax authorities shall submit the matter to the judicial authorities for investigation Article 14 The collection and administration of stamp tax shall, in addition to the provisions of these Regulations, be administered in accordance Article 15 The Ministry of Finance shall be responsible for the interpretation of these Regulations. The rules for the implementation of these Article 16 These Regulations shall enter into force as of October 1, 1988. htm/e02809.htm Attachment: Stamp Tax Schedule of Tax Items and Tax Rates
PROVISIONAL REGULATIONS GOVERNING LAND USE TAX IN CITIES AND TOWNS
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DETAILED RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE REGULATIONS ON ADMINISTRATION OF TECHNOLOGY IMPORT CONTRACTS OF THE PEOPLE’S REPUBLIC OF CHINA
IMPLEMENTATION RULES FOR THE PROVISIONAL REGULATIONS OF BEIJING MUNICIPALITY CONCERNING NEW TECHNOLOGY INDUSTRY DEVELOPMENT ZONE
NOTICE CONCERNING THE ORGANIC ESTABLISHMENT OF THE STATE COUNCIL
RULES FOR THE IMPLEMENTATION OF THE REGULATIONS ON ADMINISTRATION OF TECHNOLOGY-INTRODUCTION CONTRACTS
| Category | OBLIGATORY RIGHT | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1988-01-20 | Effective Date | 1988-01-20 |
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Rules for the Implementation of the Regulations of the People’s Republic of China on Administration of Technology-introduction Contracts |
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(Approved by the State Council on December 30, 1987, promulgated by the
Ministry of Foreign Economic Relations and Trade on January 20, 1988)
Article 1 These Rules are formulated in accordance with the provisions of
Article 12 of the Regulations of the People’s Republic of China on
Administration of Technology-Introduction Contracts (hereinafter referred to as
the “Regulations”).
Article 2 Regardless of the country or region of the supplier, or of the
source of funds and modes of payment of the recipient, the recipient and the
supplier as specified in Article 2 of the Regulations shall apply for
examination and approval to the examining and approving authorities in
accordance with the Regulations and these Rules when they are to conclude any
of the technology-introduction contracts listed below:
1. Contracts for assignment or licensing of industrial property rights.
Contracts for assignment or licensing of industrial property rights refer to
those for assignment or licensing of rights relating to invention patents, new
utility model patents, exterior design patents as well as trademarks, excluding
those merely for assignment of rights of trademarks.
2. Contracts for licensing of proprietary technology. Contracts for
licensing of proprietary technology reler to those for supply or impartment of
technical know-how which is not yet publicized nor under legal protection as
industrial property, for manufacturing a product or applying a technology as
well as for product designs, technological processes, formulae, quality control
and management, etc.
3. Contracts for technical services. Contracts for technical services refer
to those for offering services or consultancy to the recipient by the supplier
with its technology for achieving a specific goal, including contracts for
feasibility study or engineering design undertaken by the supplier upon the
entrustment of the recipient or by the recipient in cooperation with the
supplier, contracts for providing technical services by foreign geological
exploration or engineering teams that are employed and contracts for providing
services or consultancy by the supplier upon the entrustment of the recipient
for technical transformation of an enterprise, improvement of production
technology or product design and quality control as well as enterprise
management (excluding contracts for employing foreigners in China’s
enterprises).
4. Contracts for co-production and co-design which involve any one of such
items as assignment or licensing of industrial property rights, licensing of
know-how or technical services.
5. Contracts for importing complete set of equipment, production line or
key equipment which involve any one of such items as assignment or licensing of industrial property rights, licensing of know-how
or technical services.
6. Other technology-introduction contracts which, according to the
examining and approving authorities, must go through the procedure for
examination and approval.
Article 3 When companies, enterprises, institutions or individuals with no
rights to engage in foreign technology-introduction business are to introduce
technology from abroad, they shall, with letters of commission, entrust those
companies and enterprises with such rights to conclude technology-introduction
contracts.
Article 4 Technology-introduction contracts concluded by Chinese-foreign
equity joint ventures, Chinese-foreign contractual joint ventures and foreign
capital enterprises (hereinafter referred to as enterprises with foreign
investment) established in the territory of the People’s Republic of China for
acquiring technology from suppliers shall comply with the procedures of
examination and approval as stipulated in these Rules.
If foreign investors in enterprises with foreign investment use industrial
property rights or technical know-how as equity shares, the case shall be dealt
with in accordance with the relevant laws and regulations of the State for
enterprises with foreign investment.
Article 5 The examining and approving authorities for examining and
approving technology-introduction contracts are the Ministry of Foreign
Economic Relations and Trade (hereinafter referred to as MOFERT) and its
authorized departments, commissions, bureaux of foreign economic relations and
trade and other administrative organs of provinces, autonomous regions,
municipalities directly under the Central Government, coastal open cities,
special economic zones and cities under separate planning (hereinafter referred
to as the “authorized examining and approving authorities”).
Article 6 Technology-introduction contracts shall be examined and approved
at different levels in accordance with the following stipulations:
1. Technology-introduction contracts for projects with feasibility study
reports approved by the ministries/commissions of and agencies directly under
the State Council shall be examined and approved by MOFERT.
2. Technology-introduction contracts for projects with feasibility study
reports approved by people’s governments or their authorized competent organs
of provinces, autonomous rigions, municipalities directly under the Central
Government, coastal open cities, special economic zones and cities under
separate planning shall be examined and approved by the authorized examining
and approving authorities at the same level; if the technology-introduction
contracts are concluded by other transregional companies with parties abroad
through entrustment, they may be examined and approved by the authorized
examining and approving authorities of the locality where the conclusion takes
place with the consent of the authorized examining and approving authorities of the locality where the entruster is located. After
approval, the authorized
examining and approving authorities of the locality where the contract is
concluded shall send a copy of the Approval Certificate to the authorized
examining and approving authorities of the locality where the entruster is
located for the record. Neverthless, technology-introduction contracts
concluded with parties abroad by companies located in Beijing pursuant to
transregional entrustment (excluding those companies directly under Beijing
municipality) shall be examined and approved by MOFERT.
3. Technology-introduction contracts concluded by enterprises with foreign
investment for acquiring technology from suppliers shall be examined and
approved by MOFERT if the enterprises concerned were established with the
approval of ministries/commissions of and angencies directly under the State
Council; or shall be examined and approved by the relevant authorized examing
and approving authorities if the enterprises concerned were otherwise
established.
Article 7 A technology-introduction contract shall specify the following
items:
1. name of the contract;
2. contents, scope and requirements of the target technology to be
introduced;
3. criteria, timelimits and measures for quality rectification of the
introduced technology and liabilities for risks;
4. obligation to preserve the secrets of the introduced technology,
ownership and sharing of the improved technology;
5. price or remuneration in total, prices of separate items and modes of
payment;
6. calculations for compensation in case of violation of the contract;
7. settlement of disputes; and
8. definitions of terms and phrases.
Annex and data relating to implementation of the contract may constitute an
integral part of the technology-introduction contract in accordance with the
agreement of the contracting parties.
Article 8 With respect to techmology-introduction contracts involving
assignment or licensing of patent or trademark rights obtained in China,
relevant patent numbers or patent application numbers, trademark registration
numbers together with trademark design shall be expressly specified. Contracts
for assignment of patent rights shall be recorded with the Patent Office in
accordance with provisions of the Patent Law of the People’s Republic of China,
and those for licensing of the trademarks shall be recorded with the Trademark
Office in accordance with the provisions of the Trademark Law of the People’s
Republic of China.
Article 9 The supplier shall ensure that the technology or data documents
provided are complete, accurate, effective and capable of attaining the
technology target specified in the contract. The time for the delivery of
technology documents shall correspond with the progress of the engineering
programme of the recipient.
Article 10 If the recipient requires the supplier to provide raw
materials, spare parts or equipment for the introduced technology, the prices
shall not be higher than those of the like products on international market.
Article 11 The supplier shall ensure that it is the lawful owner of the
technology provided or that it has the right to assign or license the
technology. If the recipient, in producing or selling products with the
assigned or licensed technology, is accused of infringement by a third party,
the supplier shall respond to the lawsuit. If the infringement charged by the
third party is proved, all economic losses the recipient may suffer shall be
compensated for by the supplier.
Article 12 Within the term of validity of the contract, the ownership of
the improved technology including the right to apply for patents belongs to the
party that has made the improvements. Where the recipient provides the
supplier with an improved technology, the terms shall be the same as those when
the supplier provides the recipient with an improved technology.
Article 13 The recipient shall undertake the obligation to preserve the
secrets of the proprietary technology and relevant data provided or imparted by
the supplier in accordance with the scope and duration as agreed in the
contract. The duration for preserving secrets shall not generally exceed the
term of validity of the contract. If special circumstances require that the
duration exceed the term of contract, it shall be expressly specified in the
contract, and reasons shall be stated when applying for examination and
approval.
Within the duration in which the recipient undertakes the obligation to
preserve secrets, if the technology is made public owing to reasons for which
the recipient is not responsible, the obligation undertaken in this regard by
the recipient shall immediately terminate. If it is specified in the contract
that the supplier shall also supply its developed and improved technology to
the recipient within the term of validity of the contract, the recipient may
continue to undertake the obligation of secret-preservation after expiration of the contract. In that case, the new duration shall
begin from the date when
the supplier provides the technology but shall not exceed the duration
originally specified in the contract.
Article 14 No provisions of restrictions on exportation of products
manufactured by the recipient with the introduced technology may be included in
the contract without the approval of the examining and approving authorities,
however, either of the following cases shall be excepted:
1. in countries and regions where exclusive license contracts have been
concluded by the supplier;
2. in countries and regions where sole agent contracts have been concluded
by the supplier.
Article 15 No provisions of prohibiting the continued use of the
introduced technology by the recipient after the expiration of the contract
shall be included in the contract without the approval of the examining and
approving authorities. Where the duration of the patent relating to the
introduced technology has not expired at the expiry of the contract, the
relevant stipulations of the Patent Law of the People’s Republic of China shall
govern.
Article 16 The supplier shall pay taxes in accordance with the provisions
of the tax laws of the People’s Republic of China.
Article 17 The recipient of a technology-introduction contract or the
company or enterprise acting as its agent to conclude the contract shall, in
accordance with the provisions of Article 6 of these Rules, submit to the
examining and approving authorities, within 30 days from the date of
conclusion, the following official documents:
1. a written application for approval of the contract. The contents of the
application shall include the name of the contract, the country of the supplier
and the name of the firm, the contents and scope of the target technology to
be introduced, the organ that has approved the feasibility study report of the
project and its approval number, etc.;
2. copies of the contract (with a Chinese translation attached, if it is in
a foreign language);
3. copies for each of the documents certifying the legal status of the
contracting parties;
4. the approved feasibility study report and statement on funds available.
To facilitate the examination and approval, the recipient or the company or
enterprise acting as its agent may solicit opinions or request for a
pre-examination from the examining and approving authorities as to the main
contents or certain clauses of the contract either before or during
negotiations.
Article 18 In case the technology-introduction contracts and other
documents submitted to the examining and approving authorities in accordance
with the provisions of Article 17 of these Rules fall under any one of the
following cases, the examining and approving authorities shall require the
parties concerned to make due amendments within a prescribed time limit, and
the approval shall be denied in case of failure to make amendments:
1. where they contravene the current laws and regulations of the State and
impair social and public interests;
2. where they impair national sovereignty;
3. where the contents of the contract are inconsistent with the approved
feasibility study report of the project;
4. where the basic clauses and contents of the contract are imperfect;
5. where the contract contains no explicit and rational stipulations
concerning the responsibilities about and solutions to possible disputes over
property rights arising from the assigned or licensed technology or other
disputes that may occur in the course of implementation of the contract;
6. where the contract contains no rational stipulations on the technical
level and economic benefits to be attained by the assigned or licensed
technology, including the quality warranty for the products manufactured with
tbe said technology;
7. where the price or modes of payment for the introduced technology are
unreasonable;
8. where the stipulations on rights. responsibilities and obligations of
the contracting parties are not sufficiently clear, reciprocal or rational;
9. where the contract contains preferential tax commitment without the
consent of the state tax authorities.
Article 19 The examining and approving authorities shall decide to approve
or disapprove the contract within 60 days from the date when the application
is received. If the examining and approving authorities require amendments in
accordance with the provisions of Article 18, the duration needed for
examination and approval shall be counted from the date when the amended
contract or an instrument of amendment is received.
If the examing and approving authorities make no response at the expiry of
the specified period, the contract shall be deemed to have been approved.
Article 20 The contract shall come into force as of the date of approval
and the examining and approving authorities shall issue a unified Approval
Certificate for a Technology-Introduction Contract printed and serial-numbered
by MOFERT.
Article 21 If the term of validity of a technology-introduction contract
exceeds the period of 10 years as stipulated in Article 8 or includes the
restrictive provisions as listed in Article 9 of the Regulations, the recipient
shall submit an application with detailed explanations to the examining and
approving authorities when going through the procedure for examination and
approval in accordance with the stipulations of these Rules.
Article 22 Any modifications of the clauses relating to the target
technology content, price, duration and secret-preserving time limit of an
approved technology-introduction contract shall be made by consultations
between the contracting parties upon a written consent of the examining and
approving authonties. If the modifications are inconsistent with the approved
content of the target technology or require an amount of foreign exchange
exceeding the approved amount, the procedure for reexamination and reapproval
shall be gone through in accordance with the provisions of Article 4 and
Article 11 of the Regulations and Article 6 of these Rules.
Article 23 The relevant authorized examining and approving authorities
shall submit a copy of the Approval Certificate for a Technology-Introduction
Contract and other relevant data to MOFERT for the record within 10 days from
the date of the approval of a technology-introduction contract.
Article 24 In the course of the implementation of a contract, the Approval
Certificate for a Technology-Introduction Contract or its copy must be
presented to the organs concerned in accordance with the relevant stipulations
while handling such matters as bank guarantee, letter of credit, payment,
foreign exchange settlement, Customs declaration and tax payment, etc. Banks,
Customs or tax authorities are enpost_titled to refuse to handle such matters if no
Approval Certificate or its copy is presented.
Article 25 The authority to interpret and revise these Rules resides in
MOFERT.
Article 26 These Rules shall enter into force as of the date of
promulgation. The Measures for Examination and Approval of
Technology-Introduction Contracts promulgated on September 18, 1985 by MOFERT
shall be abrogated as of the same date.?
PROVISIONS OF THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE, THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE CONCERNING THE INVESTMENTS MADE BY THE VARIOUS PARTIES OF CHINESE-FOREIGN EQUITY JOINT VENTURES
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19871230the State Council
The Ministry of Foreign Economic Relations and Trade, the State Administration for Industry and Commerce Provisions of the Ministry of Foreign Economic Relations and Trade, the State Administration for Industry and Commerce Concerning January 1,1988 (Approved by the State Council on December 30, 1987, Promulgated by the Ministry of Foreign Economic Relations and Trade and the State Article 1 These Provisions are formulated in accordance with the Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures Article 2 The investments contributed by the various parties to a joint venture in accordance with the stipulations of the contract of the said In cases where physical goods, industrial property rights and proprietary technology are used as investments at the evaluated price, Article 3 No party to a joint venture may use the loans, rented equipment or other assets it has obtained in the name of the joint venture, Article 4 The various parties to a joint venture shall set the time limit in their joint venture contract for paying up their respective investment If the joint venture contract stipulates that investment contributions shall be paid up in one lump, the various parties to the said If the joint venture contract stipulates that investments shall be paid by installments, the first installment paid by the various Article 5 In the event that the various parties to a joint venture fail to make the full payment of their respective investment contributions Article 6 After the various parties to a joint venture have paid the first installment of their respective investment contributions, if they Article 7 The failure of one of the parties to a joint venture to make the payment, or the full payment, of its investment contribution on time If the defaulting party mentioned in the preceding paragraph has paid part of its prescribed investment contribution, this part of In the event that the observant party (parties) fails (fail) to make an application to the original examining and approving authorities, Article 8 With respect to any joint venture which obtained its business licence before the date these Provisions become effective, if the various In the event that the various parties or any one of the parties still fail(s) to make the full payment of the respective investment Article 9 With respect to any joint venture which obtained its business licence before the date these Provisions become effective, if the various In the event that a joint venture mentioned in the preceding paragraph fails to establish itself or to start its operations after Article 10 The investment payment made by the various parties to a Chinese-foreign contractual joint venture shall be handled with reference Article 11 These Provisions shall enter into force as of March 1, 1988. |
The Ministry of Foreign Economic Relations and Trade, the State Administration for Industry and Commerce
1988-01-01
CONSTITUTION ACT, 1982 – page 22
