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
RULES GOVERNING THE APPROVAL OF CLINICAL TRIAL OF FOREIGN DRUG(S)
REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON ADMINISTRATION OF THE REGISTRATION OF ENTERPRISES AS LEGAL PERSONS
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The State Council Regulations of the People’s Republic of China on Administration of the Registration of Enterprises As Legal Persons Decree [1988] No.1 of the State Council June 3, 1988 Chapter I General Provisions Article 1 In accordance with relevant provisions of the General Principles of the Civil Law of the People’s Republic of China, the present Regulations Article 2 Any of the following enterprises which are qualified as legal persons shall register as such in accordance with the relevant provisions (1) enterprises owned by the whole people; (2) enterprises under collective ownership; (3) jointly operated enterprises; (4) Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises established within (5) privately operated enterprises; (6) other enterprises required by the law to register as legal persons. Article 3 Those enterprises applying for registration as legal persons shall be given Business Licenses for Enterprises as Legal Persons and Those enterprises, which are required by law to register as legal persons but which have not gone through the procedures of examination Chapter II Registration Authorities Article 4 The authorities in charge of the registration of enterprises as legal persons (hereinafter referred to as the registration authorities) Article 5 The registration of national corporations, enterprise groups and corporations handling import-export business set up with the approval The registration of son (or branch) companies of national corporations, enterprises, enterprise groups or companies handling import-export The registration of other enterprises shall be examined and approved by the administrative departments for industry and commerce of Article 6 Registration authorities at various levels shall institute a file of the registration of enterprises as legal persons and a system Registration authorities shall offer, in a planned manner and according to the needs of society, the service of providing the public Chapter III Conditions for Registration and Entities to Apply for Registration Article 7 Entities applying for registration as enterprises as legal persons must satisfy the following conditions, i.e. having: (1) name, organization and articles of association; (2) fixed sites for business operations and essential facilities; (3) funds and employees in conformity with State regulations and in line with their scale of production, operation or service; (4) ability to bear civil liabilities independently; (5) a scope of business in conformity with the provisions of the relevant laws, regulations and policies of the State. Article 8 The application of an enterprise for registration as a legal person shall be filed by the person responsible for establishing the The registration as a legal person of a jointly operated enterprise which bears civil labilities independently shall be applied for Chapter IV Items of Registration Article 9 The major items to be registered for an enterprise as a legal person are: name, residence, site for business operation, legal representative, Article 10 An enterprise as a legal person shall use only one name. The name to be used by the enterprise as a legal person in its application Those who apply for establishing Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures or foreign-capital Article 11 The legal representative of an enterprise as a legal person, which has been registered after examination and approval by a registration Article 12 The registered capital of an enterprise as a legal person represents the total value of the property the State entrusts to it for When an enterprise as a legal person registers for starting operations, the discrepancy between the sum of capital it applies for Article 13 The scope of business of an enterprise as a legal person shall be in harmony, with its capital, sites, equipment, employees and technical Chapter V Registration for Starting Operations Article 14 An enterprise as a legal person shall apply to a registration authority for registration for starting operations within 30 days after Article 15 An enterprise as a legal person shall submit the following papers when applying for registration for starting operations: (1) an application for registration signed by the person responsible for its establishment; (2) the document of approval issued by the department in charge or the authority for examination and approval; (3) its articles of association; (4) a certificate of its creditworthiness, a certificate of the verification of its capital or a guarantee for its capital; (5) a certificate of the identity of the principal responsible person of the enterprise; (6) a certificate of the right to use the residence and site for operation; (7) other relevant papers and certificates. Article 16 When the application filed by an entity for starting operations as an enterprise as a legal person has been examined and approved The registration authority may, after a check-up, issue duplicates of the Business License, if the enterprise as a legal person needs Chapter VI Changes in Registration Article 17 An enterprise as a legal person shall apply for making changes in its registration whenever it changes its name, residence, site, Article 18 An enterprise as a legal person shall apply to the registration authority for making changes in its registration within 30 days after Article 19 An enterprise as a legal person shall apply to the registration authority for making changes in its registration, or for registration Chapter VII Cancellation of Registration Article 20 An enterprise as a legal person shall go through the procedures for cancelling its registration with the registration authority when Article 21 Whenever an enterprise as a legal person is to cancel its registration, it must submit an application signed by its legal representative, Article 22 An enterprise as a legal person, which fails to start operations 6 months after receiving its Business License for Enterprise as a Chapter VIII Announcement, Annual Check-up and Control of Certificates Article 23 The registration authority shall issue registration announcements whenever an enterprise as a legal person starts operations, changes Article 24 A system for conducting annual check-up shall be instituted to administer the registration of enterprises as legal persons. An enterprise Article 25 The Business License for Enterprises as a Legal Person issued by the registration authority is the certificate of an enterprise as An enterprise as a legal person, which has lost its Business License for Enterprise as a Legal Person or duplicates of the License, The Business License for Enterprise as a Legal Person and its duplicates may not be forged, altered, leased, lent, sold or reproduced Article 26 An enterprise as a legal person shall pay registration and annual check-up fees according to the rules when it registers for starting Chapter IX Control of the Registration of Business Operations by Institutions and Scientific and Technological Public Organizations Article 27 When institutions or scientific and technological public organizations establish enterprises qualified as legal persons in line with Article 28 Institutions, which are run like enterprises in accordance with relevant regulations of the State and which no longer receive operating Chapter X Supervision and Control Article 29 The registration authorities shall exercise the following functions of supervision and control over enterprises as legal persons according (1) supervising the registration for starting operations, the application for making changes and the cancellation of registration by enterprises (2) supervising the conduct of business operations by enterprises as legal persons in line with the items of registrations, articles of (3) supervising the compliance of enterprises as legal persons and their legal representatives with laws, regulations and policies of (4) stopping, investigating or dealing with illegal business operations of enterprise as legal persons; protecting their legitimate rights Article 30 The registration authority may, in light of the circumstance, penalize an enterprise as legal person by warning, fine, confiscation (1) concealing the true situation and resorting to deception in the course of registration or starting operations before the approval (2) altering major items in the registration without permission or engaging in business operations beyond the scope of business as approved (3) failing to cancel registration according to the rules or failing to submit the check-up report or receive the annual check-up; (4) forging, altering, leasing, lending, transferring, selling or reproducing the Business License for Enterprise as a Legal Person or (5) withdrawing or transferring capital, concealing assets or dodging liabilities; (6) engaging in illegal business operations. While penalizing an enterprise as a legal person in line with the above provisions, the registration authority shall investigate its Article 31 The registration authority shall ascertain the facts and act according to law when dealing with the illegal activities of an enterprise Article 32 When an enterprise as a legal person disagrees with the penalty meted out but by the registration authority, it may appeal within Article 33 When an enterprise as a legal person has its business license revoked, the registration authority shall take over its official seal Article 34 Any functionary of the department in charge, the authority for examination and approval or of the registration authority, who has Chapter XI Supplementary Provisions Article 35 When an enterprise as a legal person establishes a branch which is incapable of bearing civil liability independently, the registration In accordance with relevant State regulations, administrative institutions depending on State funding or scientific and technological The specific control of the registration involved shall be enforced with reference to the provisions of the present Regulations. Article 36 For new enterprises to be established with the approval of relevant departments of the State Council or planning departments at various Article 37 Enterprises qualified as legal persons, whose registration was approved by the registration authorities before the present Regulations Article 38 The State Administration for Industry and Commerce shall be responsible for interpreting the present Regulations; and the rules for Article 39 The present Regulations shall enter into force as of July 1, 1988. The Measures on Administration of the Registration of Chinese-foreign |
The State Council
1988-06-03
REGULATIONS FOR THE ADMINISTRATION OF AFFAIRS CONCERNING EXPERIMENTAL ANIMALS
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(Effective Date 1988.11.14)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II THE ADMINISTRATION OF THE FEEDING AND BREEDING OF EXPERIMENTAL ANIMALS
CHAPTER III THE QUARANTINE OF EXPERIMENTAL ANIMALS AND THE CONTROL OF THEIR INFECTIOUS DISEASES
CHAPTER IV THE UTILIZATION OF EXPERIMENTAL ANIMALS
CHAPTER V ADMINISTRATION OF THE IMPORT AND EXPORT OF EXPERIMENTAL ANIMALS
CHAPTER VI PERSONNEL DEALING WITH EXPERIMENTAL ANIMALS
CHAPTER VII REWARDS AND PENALTIES
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. These Regulations are formulated for the purpose of strengthening the administration of and guaranteeing the Article 2. The term “experimental animals” used in these Regulations refers to animals which are artificially fed and bred, the Article 3. These Regulations shall apply to units and individuals that are engaged in the research in, and the conservation of Article 4. The administration of experimental animals shall be guided by the principle of unified planning, rational division of Article 5. The State Science and Technology Commission shall be in charge of the work throughout China with respect to experimental The science and technology commissions of the provinces, autonomous regions and municipalities directly under the Central The various departments under the State Council of the People’s Republic of China shall be in charge of the administration Article 6. The State shall institute a system of supervision over the quality of experimental animals and of attestation of the up-to-standard Article 7. The national standards in respect of genetics, microbiology, untriology and the feeding and breeding environment concerning CHAPTER II THE ADMINISTRATION OF THE FEEDING AND BREEDING OF EXPERIMENTAL ANIMALS Article 8. Units that are engaged in the work of feeding and breeding experimental animals shall, in accordance with the standards in Article 9. Feeding and breeding rooms and laboratories for experimental animals shall be built in different areas and each shall be There shall be scientific management systems and operating rules for feeding and breeding rooms and laboratories Article 10. With respect to the conservation of breeds and the feeding and breeding of experimental animals, breeds and strains of breeds Article 11. Experimental animals shall be fed separately in accordance with their different sources, different breeds, different strains Article 12. Experimental animals shall be categorized into four classes, the first being ordinary animals, the second, clean animals, Experimental animals of different classes shall be administered in accordance with the corresponding Article 13. Experimental animals shall be fed with wholesome feed that is up to standard in quality. No feed that has become mouldy and Article 14. The drinking water for experimental animals of the first class shall measure up to the hygiene standards of urban Article 15. The cushioning materials for experimental animals shall, based on the needs of different classes of experimental animals, be CHAPTER III THE QUARANTINE OF EXPERIMENTAL ANIMALS AND THE CONTROL OF THEIR INFECTIOUS DISEASES Article 16. Experimental animals that are newly introduced shall be subject to quarantine in isolation. Wild animals that are captured for the purpose of supplementing the sources of breeds or developing new breeds shall Article 17. Experimental animals that must take preventive inoculations shall, in accordance with the requirements of experiments Article 18. When an experimental animal dies of an illness, the cause shall be investigated and ascertained in good time, and the When an experimental animal contracts an infectious disease, it shall, depending on the circumstances, be destroyed
CHAPTER IV THE UTILIZATION OF EXPERIMENTAL ANIMALS Article 19. In the utilization of experimental animals, only the related ones that are up to standard shall be selected in accordance Article 20. With respect to an experimental animal that is to be utilized, the following comprehensive data shall be required: (1) The exact names of the breed, strain and subline; (2) Its genetic background or its source; (3) The state concerning the examination of the micro-organisms it carries; (4) A certificate attesting its being up to standard; and (5) The signature of the person in charge of the feeding and breeding unit. In default of the afore-said data, no experimental animals may be used. Article 21. The transport of experimental animals shall be put in the charge of persons specially appointed therefor. The means of transport CHAPTER V ADMINISTRATION OF THE IMPORT AND EXPORT OF EXPERIMENTAL ANIMALS Article 22. An experimental animal that is imported from abroad as an element breed shall be accompanied by data duly signed by In default of the afore-said data, no experimental animals may be imported or used. Article 23. When importing from abroad experimental animals as element breeds, units dealing with experimental animals shall register Article 24. The export of experimental animals shall be subject to examination and approval by the State Science and Technology With respect to the export of experimental animals developed from using wild animals that enjoy the priority of State Article 25. The quarantine of import and export experimental animals shall be handled in accordance with the provisions of the Regulations
CHAPTER VI PERSONNEL DEALING WITH EXPERIMENTAL ANIMALS Article 26. Units dealing with experimental animals shall, according to the needs, be staffed with technical personnel and specially Article 27. Competent authorities at various levels in various localities in charge of the work with respect to experimental animals Article 28. Units dealing with experimental animals shall regularly organize physical check-ups for the working personnel who Article 29. Personnel dealing with experimental animals shall protect these animals and may not play with or maltreat them.
CHAPTER VII REWARDS AND PENALTIES Article 30. Units and individuals that are long engaged in the feeding and breeding and administration of experimental animals and Article 31. With respect to units that violate the provisions of these Regulations, the department in charge of the administration Article 32. Working personnel concerned who violate the provisions of these Regulations shall be given administrative sanctions
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 33. The people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government The administration of the work with respect to experimental animals in the armed forces shall be governed with reference Article 34. The State Science and Technology Commission shall be responsible for the interpretation of these Regulations. Article 35. These Regulations shall go into effect as of the date of promulgation.
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Source:MOFTEC |
PROVISIONS ON THE CAPITAL CONTRIBUTION BY PARTIES TO SINO-FOREIGN EQUITY JOINT VENTURES
INTERIM PROVISIONS OF THE MINISTRY OF FINANCE OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING REDUCTION AND EXEMPTION OF ENTERPRISE INCOME TAX AND CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX FOR THE ENCOURAGEMENT OF FOREIGN INVESTMENT IN CHINA’S OPEN COASTAL ECONOMIC AREAS
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The Ministry of Finance Interim Provisions of the Ministry of Finance of the People’s Republic of China Concerning Reduction and Exemption of Enterprise Income The Ministry of Finance [1988] No.91 June 15, 1988 The present set of interim provisions is formulated in respect of reduction and exemption of enterprise income tax and consolidated Article 1 Subject to approval by the Ministry of Finance, the productive enterprises established by foreign investors in China’s open coastal Subject to approval by the Ministry of Finance, open area enterprises engaged in the following lines of business but are not qualified 1. machinery manufacturing, electronic industry; 2. metallurgy, chemical, building materials industry; 3. light industrial products, textiles, packaging industry; 4. medical instrument production, pharmaceutical industry; 5. agriculture, forestry, animal husbandry and aquaculture and their related processing business, and 6. building industry. The reduction and exemption of enterprise income tax for open area enterprises shall be carried out, on the basis of the above-mentioned Article 2 The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government are given the authority Article 3 The dividends, interest, rentals and royalties and other income derived from China by foreign investors, where they have not established Article 4 The production equipment, operational facilities, construction materials and means of transport, office equipment imported by open Article 5 Apart from crude oil, finished oil products and those products according to other State’s regulations, exports produced by open area Article 6 The raw materials and processed materials, parts and components and packing materials imported by open area enterprises and used in Article 7 The household articles and transport vehicles carried by the foreign workers who work for or reside in an open area enterprise shall Article 8 In order to facilitate quarantine work on imported plants and animals, experimental farms may be set up in the one or two islands Attachment: I. Circular of the State Council Concerning Extending the Range of the Open Coastal Economic Areas(omitted) II. List of the County and Municipality in the Yangtze river delta, Zhujiang river delta and a triangular area in south Fujian comprising |
The Ministry of Finance
1988-06-15
PROVISIONS ON ADMINISTRATION OF BUY AND SALE OF SPOT AND FORWARD FOREIGN EXCHANGE BY FINANCIAL INSTITUTES ON CLIENTS’ BEHALF
| Category | BANKING | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1988-03-05 | Effective Date | 1988-03-05 |
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Provisions on Administration of Buy and Sale of Spot and Forward Foreign Exchange by Financial Institutes on Clients’ Behalf |
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(Approved by the State Council on December 13, 1987, promulgated by the
State Administration of Foreign Exchange Control on March 5, 1988)
Article 1 These Provisions are formulated in order to guard against the
risks of foreign exchange rate, stabilize the costs of import and export trade
(including other foreign economic activities) and develop the businesses of
buy and sale of spot and forward foreign exchange.
Article 2 The Bank of China may be entrusted to buy and sell spot and
forward foreign exchange by departments, organizations, enterprises,
institutions and other units (hereinafter referred to as the client) in the
territory of China.
Other financial institutions intending to conduct the businesses mentioned
in the preceding paragraph shall be approved by the State Administration of
Foreign Exchange Control.
Article 3 Buy and Sale of foreign exchange referred to in these
Provisions means the buy and sale conducted among various convertible
currencies.
Article 4 The client intending to entrust the Bank of China or other
financial institutions approved by the State Administration of Foreign
Exchange Control (hereinafter referred to as the designated financial agency)
on its behalf to buy and sell spot and forward foreign exchange shall be
approved by the State Administration of Foreign Exchange Control or its local
departments except for the following two situations:
1) Specialized banks, financial institutions and foreign invested
enterprises with foreign investment with approval to conduct foreign exchange
businesses, for their self-owned or self-raised capitals of foreign exchange,
may buy and sell spot or forward foreign exchange by themselves in the
international financial market or entrust the designated financial agencies
to handle such businesses.
2) Other clients not stipulated in the above paragraph who borrow foreign
exchange in cash within or out of China and receive, with permission,
donated foreign exchange, upon the approval to open cash account of foreign
exchange in financial institutions within China, may entrust the designated
financial agencies to buy and sell on their behalf spot or forward foreign
exchange according to the foreign trade contracts or other economic agreements.
Article 5 The principle of voluntariness shall be adhered to in the
transactions of buy and sale of spot and forward foreign exchange.
Article 6 The designated financial agency which is entrusted by a client
to buy and sell spot and forward foreign exchange shall base the transaction
on the foreign trade contracts or economic agreements signed by the client,
but transactions entrusted by the financial institutions with approval to
conduct foreign exchange and enterprises with foreign investment are excepted.
Article 7 When the designated financial agency is entrusted by a client
to buy and sell spot or forward foreign exchange, the client shall provide
performance guarantee. Mortgage of foreign exchange quota or advance payment
of performance bond in cash may be used as the performance guarantee.
The letter of guarantee for RMB at equal value issued by the deposit
bank shall be simultaneously provided in case the foreign exchange quota is
mortgaged as guarantee.
In case the foreign exchange quota is settled ahead of time into foreign
exchange in cash to pay the performance bond in advance, the settlement is
limited to using US dollar.
Article 8 When a client buys and sells forward foreign exchange,
application and copies of trade contracts or other economic agreements shall
be submitted to the local department of foreign exchange control in accordance
with the stipulation of Article 6. After being examined and approved by the
department of foreign exchange control, the client may entrust the designated
financial agency to buy forward foreign exchange by presenting the approval
documents of the department of foreign exchange control.
Article 9 In case the foreign exchange quota is settled ahead of time
into foreign exchange in cash to pay the performance bond in advance, the
department of foreign exchange control shall endorse the payment notice of
foreign exchange quota issued by the client with the date and its stamp and
shall deduct the foreign exchange ration. The client in the same city shall
within 3 working days after the date of the endorsement (7 working days for
the client in a different city) buy US dollars from the quota and deposit
them into the account of “specific guarantee deposit” in the designated
financial agency.
In case the foreign exchange quota is mortgaged, the department of foreign
exchange control shall transfer the foreign exchange quota mortgaged by the
client to the account of foreign exchange quota in the designated financial
agency.
In case the option transaction is entrusted by the client, only foreign
exchange quota can be mortgaged as guarantee, but the insurance premium of
option which should be paid upon conclusion of the transaction may be settled
in advance into foreign exchange in cash.
Article 10 When the designated financial agency is entrusted to buy
and sell spot and forward foreign exchange, if the client uses the foreign
exchange quota to settle ahead of time into foreign exchange in cash and pay
the performance bond in advance for the transaction of forward foreign
exchange, the designated financial agency shall check and calculate through
the account of “specific guarantee deposit”; but if the client uses the cash
of foreign exchange originally owned to pay the performances bond in advance
for the transaction of forward foreign exchange, the designated financial
agency shall still check and calculate through the account of “guarantee
deposit”.
Article 11 In case the date of import payment is behind the date of
delivery, if the foreign exchange quota is settled ahead of time into foreign
exchange in cash, designated financial agency shall re-deposit temporarily
the cash position derived from the delivery into the account of “specific
guarantee deposit”; and if the cash of foreign exchange originally owned
is used, the designated financial agency shall re-deposit the cash position
derived from the delivery into the account of “guarantee deposit”.
Article 12 The authority to interpret these Provisions resides in the
State Administration of Foreign Exchange Control.
Article 13 These Provisions shall enter into force as of the date of
promulgation.
CIRCULAR OF THE STATE COUNCIL CONCERNING THE ANNULMENT OF A PART OF REGULATIONS GOVERNING FOREIGN-RELATED MATTERS
| Category | CATALOGUE OF INVALIDATED LAWS AND ADMINISTRATIVE REGULATIONS GOVERNING FOREIGN-RELATED MATTERS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1988-06-18 | Effective Date | 1988-06-18 |
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Circular of the State Council Concerning the Annulment of a Part of Regulations Governing Foreign-related Matters |
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Annex I A CATALOGUE OF THE FIRST BATCH OF REGULATIONS GOVERNING
Annex II A CATALOGUE OF THE FIRST BATCH OF REGULATIONS GOVERNING
(June 18, 1988)
In order to speed up the implementation of the strategy for economic
development in the coastal areas, and to promote the development of
export-oriented economy in the coastal areas of our country, the departments
concerned under the State Council, in accordance with the planning and
requirements of the State Council for the sorting out of regulations governing
foreign-related matters, have undertaken the sorting out of the existing
administrative regulations as well as other regulatory documents (hereinafter
referred to as “the regulations”, for short), promulgated by the State Council
or promulgated with the approval of the State Council. At present, the first
batch of seventeen regulations, which have been sorted out and should be
annulled, have been re-examined, piece by piece, by the Leading Group under
the State Council for the Sorting Out of Regulations jointly with the Bureau
of Legislative Affairs of the State Council and by the State Council; and it
is decided to announce the annulment of the aforesaid regulations (See Annex I
for the post_titles of the aforesaid regulations).
At the same time, the first batch of eleven regulations, which have become
invalid automatically, have also been sorted out and re-examined, piece by
piece, by the Leading Group under the State Council for the Sorting Out of
Regulations jointly with the Bureau of Legislative Affairs of the State
Council; and now these eleven invalid regulations (See Annex II for their
post_titles) are also included here as Annex II in order to help various regions
and departments concerned obtain an overall understanding of the condition of
those invalid regulations governing foreign-related matters, thereby
facilitating their work.
Annex I: A Catalogue of the First Batch of Regulations Governing
Foreign-Related Matters Which Should Be Annulled (17 pieces)
CONSTITUTION ACT, 1982 – page 22
