LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.53

The Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine, adopted at the 22nd Meeting of the Standing
Committee of the Seventh National People’s Congress on October 30, 1991, is now promulgated, and shall enter into force as of April
1, 1992.

President of the People’s Republic of China: Yang Shangkun

October 30, 1991

Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine ContentChapter I General Provisions

Chapter II Entry Quarantine

Chapter III Exit Quarantine

Chapter IV Transit Quarantine

Chapter V Quarantine of Materials Carried by Passengers or by Post

Chapter VI Quarantine of Means of Transport

Chapter VII Legal Responsibility

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated for the purpose of preventing infectious or parasitic diseases of animals, diseases, insect pests and weeds
dangerous to plants, and other harmful organisms (hereinafter referred to, for short, as diseases, insect pests and harmful organisms)
from spreading into or out of the country, protecting the production of agriculture, forestry, animal husbandry and fishery as well
as human health, and promoting the development of foreign economic relations and trade.

Article 2

Animals and plants, their products and other quarantine objects, containers and packaging materials used for carrying animals and
plants, their products or other quarantine objects, as well as means of transport from animal or plant epidemic areas shall, on entry
or exit, be subject to quarantine inspection in accordance with this Law.

Article 3

An animal and plant quarantine department shall be instituted under the State Council (hereinafter referred to, for short, as the
State animal and plant quarantine department), which shall conduct a unified administration of the entry and exit animal and plant
quarantine in the whole country. Port animal and plant quarantine offices set up by the State animal and plant quarantine department
at ports open to the outside world and at places busy with entry and exit animal and plant quarantine shall, in accordance with this
Law, carry out entry and exit animal and plant quarantine.

The department in charge of the quarantine of animal products leaving the country for trade purposes shall be designated by the State
Council as it deems appropriate.

The department of agriculture administration under the State Council shall be in charge of the entry and exit animal and plant quarantine
in the whole country.

Article 4

A port animal and plant quarantine office may exercise the following functions and powers when performing quarantine inspection:

(1)

Embarking on a ship, a vehicle or an airplane to perform quarantine under this Law;

(2)

Entering a seaport, an airport, a railway or coach station, a post office or a site where quarantine objects are stored, processed,
bred or cultivated, to perform quarantine inspection and collect samples according to relevant regulations;

(3)

Entering a site relating to production or storage according to the needs of quarantine, to carry out epidemic monitoring and investigations
or quarantine supervision and control;

(4)

Consulting, making copies of or excerpts from operational diaries, bills of lading, contracts, invoices or other documents relating
to the quarantine objects.

Article 5

The State shall prohibit the following objects from entering the country:

(1)

Pathogenic micro-organisms (including seed cultures of bacteria and viruses) of animals and plants, insect pests and other harmful
organisms;

(2)

Relevant animals and plants, their products and other quarantine objects from countries or regions with prevalent epidemic animal
or plant diseases;

(3)

Animal carcasses; and

(4)

Soil.

When a port animal and plant quarantine office discovers any objects prohibited from entering the country as prescribed in the preceding
paragraph, such objects shall be returned or destroyed.

Whoever, because of special needs such as scientific research, imports any objects prohibited from entering the country as prescribed
in the first paragraph of this Article, must submit an application in advance, which shall be subject to the approval by the State
animal and plant quarantine department.

The catalogues of objects prohibited from entering the country as prescribed in (2) of the first paragraph of this Article shall be
worked out and announced by the department of agriculture administration under the State Council.

Article 6

In the event that a serious animal or plant epidemic occurs abroad and is liable to spread into the country, the State Council shall
adopt emergent preventive measures and may, when necessary, issue orders to prohibit means of transport from animal or plant epidemic
areas from entering the country or to blockade the relevant ports; the local people’s governments in areas threatened by the animal
or plant epidemic as well as the port animal and plant quarantine offices concerned shall immediately take emergency measures, and,
at the same time, report to the people’s governments at higher levels and the State animal and plant quarantine department.

The departments of posts and telecommunications and departments of transportation shall give priority to transmitting or transporting
reports concerning serious animal or plant epidemic or materials to be sent for quarantine inspection.

Article 7

The State animal and plant quarantine department and port animal and plant quarantine offices shall practise a quarantine supervision
system in relation to the procedures in the production, processing and storage of animals and plants and their products for entry
or exit.

Article 8

When a port animal and plant quarantine office is carrying out its tasks of quarantine inspection in seaports, airports, railway or
coach stations, or post offices, relevant departments such as the Customs, departments of communications, civil aviation, or railways,
and postal services shall coordinate therewith.

Article 9

Any quarantine functionary of an animal and plant quarantine organ must be devoted to his or her duties and enforce the law impartially.

No unit or individual may obstruct a quarantine functionary of an animal and plant quarantine organ from carrying out his or her duties
according to law.

Chapter II Entry Quarantine

Article 10

Whoever imports animals, animal products, plant seeds, seedlings or other propagating materials must submit an application in advance
and go through the formalities for examination and approval of quarantine inspection.

Article 11

Whoever imports animals and plants, their products or other quarantine objects through trade, scientific and technological cooperation,
exchanges, donations or aid shall specify in the contracts or agreements the requirements for quarantine inspection prescribed by
China’s law and the necessity of quarantine certificates issued by the animal and plant quarantine department under the government
of the exporting country or region being appended therewith.

Article 12

The owner or his or her agent shall apply to the port animal and plant quarantine office at the port of entry for quarantine inspection
of the animals and plants, their products or other quarantine objects, before or on their entry, on the strength of documents such
as the quarantine certificates issued by the exporting country or region and the trade contracts.

Article 13

On arrival at a port of a means of transport for carrying animals, the port animal and plant quarantine office shall for the prevention
of epidemics adopt onthespot preventive measures and conduct disinfection of persons embarking on or disembarking from the means
of transport or having contacts with the animals, the means of transport for carrying the animals and the contaminated fields.

Article 14

Import animals and plants, their products and other quarantine objects shall be quarantined at the port of entry; without consent
of the port animal and plant quarantine office, the same shall not be unloaded from the means of transport.

The import animals and plants that need to be placed in isolation for quarantine inspection shall be quarantined in an isolation court
designated by the port animal and plant quarantine office.

By reason of limited conditions at the port of entry, the State animal and plant quarantine department may decide to have the animals
and plants, their products or other quarantine objects transported to a designated place for quarantine inspection. In the course
of transportation, loading and unloading, the owner or his or her agent shall take preventive measures against epidemics. Designated
places for storage, processing, isolated feeding or planting shall conform to the provisions on animal and plant quarantine and epidemic
prevention.

Article 15

The import animals and plants, their products or other quarantine objects that pass the quarantine inspection are allowed to enter
the country; the Customs shall, after verification, release the same on the strength of the quarantine certificates issued, or the
stamps on the customs declaration forms affixed, by the port animal and plant quarantine office.

In respect of the import animals and plants, their products or other quarantine objects that need to be transferred away from a customs
surveillance zone for quarantine inspection, the Customs shall, after verification, release the same on the strength of the Quarantine
Transference Notice issued by the port animal and plant quarantine office.

Article 16

In respect of the import animals that fail in the quarantine inspection, the port animal and plant quarantine office shall issue the
Quarantine Treatment Notice notifying the owner or his or her agent to deal with the said animals in either of the following manners:

(1)

The animals that are found suffering from Class A infectious or parasitic diseases, shall, together with all the other in-contact
animals, be returned or slaughtered with their carcasses destroyed; or

(2)

The animals that are found suffering from Class B infectious or parasitic diseases shall be returned or slaughtered; and the other
incontact animals shall be placed in an isolation camp or any other designated place for observation.

In respect of import animal products or other quarantine objects that fail in the quarantine inspection, the port animal and plant
quarantine office shall issue the Quarantine Treatment Notice notifying the owner or his or her agent to conduct such treatments
as disinfection and disinfestation, returning or destruction. The products or objects that pass the quarantine inspection after a
treatment of disinfection and disinfestation are allowed to enter the country.

Article 17

On discovering through quarantine inspection that import plants, plant products or other quarantine objects are contaminated with
diseases, pests or weeds dangerous to plants, the port animal and plant quarantine office shall issue the Quarantine Treatment Notice
notifying the owner or his or her agent to conduct such treatments as disinfection and disinfestation, returning or destruction.
Those that pass the quarantine inspection after a treatment of disinfection and disinfestation are allowed to enter the country.

Article 18

The catalogues of the Class A and Class B infectious or parasitic diseases of animals specified in Article 16 , paragraph 1, Items
1 and 2 of this Law and the catalogues of the diseases, pests or weeds dangerous to plants specified in Article 17 of this Law shall
be worked out and announced by the department of agriculture administration under the State Council.

Article 19

On discovering through quarantine inspection that import animals and plants, their products or other quarantine objects are contaminated
with diseases, insect pests or harmful organisms which are not covered by the catalogues specified in Article 18 of this Law but
are extremely harmful to agriculture, forestry, animal husbandry and fishery, the port animal and plant quarantine office shall,
in accordance with relevant regulations of the department of agriculture administration under the State Council, notify the owner
or his or her agent to conduct such treatments as disinfection and disinfestation, returning or destruction. Those that pass the
quarantine inspection after a treatment of disinfection and disinfestation are allowed to enter the country.

Chapter III Exit Quarantine

Article 20

The owner, or his or her agent, of exit animals and plants, their products or other quarantine objects shall, before their exit, submit
an application for quarantine inspection to the port animal and plant quarantine office.

The animals that need to be placed in isolation for quarantine inspection before exit shall be quarantined in an isolation court designated
by the port animal and plant quarantine office.

Article 21

Export animals and plants, their products or other quarantine objects shall be quarantined by the port animal and plant quarantine
office, and those that pass the quarantine inspection or conform to the standards after a treatment of disinfection and disinfestation
are allowed to leave the country. The Customs shall, after verification, release the same on the strength of the quarantine certificates
issued, or the stamps on the customs declaration forms affixed, by the port animal and plant quarantine office. Those that fail in
the quarantine inspection and are unable to be treated by disinfection and disinfestation with effective methods shall not be allowed
to leave the country.

Article 22

Where the animals and plants, their products or other quarantine objects that pass the quarantine inspection are involved in any of
the following circumstances, the owner or his or her agent shall re-apply for quarantine inspection:

(1)

Where the importing country or region is changed, and the changed importing country or region has different requirements for quarantine
inspection;

(2)

Where the packings are changed or the unpacked products or objects are subsequently packed;

(3)

Where the stipulated valid period of quarantine is exceeded.

Chapter IV Transit Quarantine

Article 23

Whoever requests a transit of animals through the Chinese territory must obtain in advance and through consultation the consent of
China’s State animal and plant quarantine department and the transit must be conducted through the designated port and route.

The means of transport, containers, feeding stuffs and bedding materials for the animals in transit must all conform to China’s regulations
on animal and plant quarantine.

Article 24

The transit of animals and plants, their products or other quarantine objects requires the consignor or the escort to submit at the
port of entry the bills of lading and the quarantine certificates issued by the animal and plant quarantine department under the
government of the exporting country or region to the port animal and plant quarantine office for quarantine inspection. No further
quarantine inspection is needed at the port of exit.

Article 25

The transit animals that pass the quarantine inspection are allowed to pass through the country; and in case any infectious or parasitic
disease of animals specified in the catalogues as stipulated in Article 18 of this Law is discovered, the entire flock of the animals
shall not be allowed to transit.

The transit animals’ feeding stuffs that are contaminated with diseases, insect pests or harmful organisms shall be subjected to such
treatments as disinfection and disinfestation, denial of transit or destruction.

The carcasses, excrements, bedding materials and other wastes of the transit animals must be disposed of in accordance with the regulations
of the animal and plant quarantine department, and may not be cast away without authorization.

Article 26

The port animal and plant quarantine office shall examine the means of transport and the packings, in respect of the transit plants,
animal and plant products or other quarantine objects, which are allowed to transit through the country if they pass the quarantine
inspection; in case any disease, insect pest or harmful organism specified in the catalogues as stipulated in Article 18 of this
Law is discovered, it shall be subjected to a treatment of disinfection and disinfestation or denial of transit.

Article 27

Animals and plants, their products or other quarantine objects, in the course of their transit, may not be unpacked or discharged
from the means of transport without the approval of the animal and plant quarantine organ.

Chapter V Quarantine of Materials Carried by Passengers or by Post

Article 28

Whoever intends to carry or post plant seeds, seedlings or other propagating materials into the country must submit an application
in advance and go through the formalities for examination and approval of quarantine inspection.

Article 29

The catalogues of the animals and plants, their products and other quarantine objects that are not allowed to be carried or posted
into the country shall be worked out and announced by the department of agriculture administration under the State Council.

In case any animals or plants, animal or plant products or other quarantine objects specified in the catalogues mentioned in the preceding
paragraph are carried or posted into the country, they shall either be returned or destroyed.

Article 30

Whoever enters the country carrying animals or plants, animal or plant products or other quarantine objects which are not included
in the catalogues specified in Article 29 of this Law shall declare them to the Customs at the port of entry and accept the quarantine
inspection by the port animal and plant quarantine office.

Whoever carries animals into the country must hold such papers as quarantine certificates issued by the exporting country or region.

Article 31

The port animal and plant quarantine office shall, in respect of the animals and plants, their products or other quarantine objects
not included in the catalogues specified in Article 29 of this Law, carry out quarantine inspection at the International Postage
Exchange Bureau, or, when necessary, take the same back to the port animal and plant quarantine office for quarantine inspection;
and the same shall not be transported or delivered without undergoing quarantine inspection.

Article 32

Animals or plants, animal or plant products or other quarantine objects that enter the country by post shall be released if they pass
the quarantine inspection or conform to the standards after the treatment of disinfection and disinfestation; those that fail in
quarantine inspection and are unable to be treated by disinfection and disinfestation with effective methods shall be returned or
destroyed, and the Quarantine Treatment Notice shall be issued.

Article 33

The animals or plants, animal or plant products or other quarantine objects that are carried or posted out of the country shall be
quarantined by the port animal and plant quarantine office, upon request by the owner thereof.

Chapter VI Quarantine of Means of Transport

Article 34

Ships, airplanes or trains from the animal or plant epidemic areas shall, upon their arrival at the port, be quarantined by the port
animal and plant quarantine office. In the event any disease, insect pest or harmful organism specified in the catalogues mentioned
in Article 18 of this Law is discovered, the cargoes shall be subjected to such treatments as prohibition from discharge from the
means of transport,disinfection and disinfestation, sealing up or destruction.

Article 35

Vehicles entering the country shall be disinfected for epidemic prevention by the port animal and plant quarantine office.

Article 36

The swills and wastes of animal or plant nature on the means of transport entering or leaving the country shall be disposed of in
accordance with the regulations of the port animal and plant quarantine office and may not be cast away without authorization.

Article 37

The means of transport carrying export animals and plants, their products or other quarantine objects shall conform to the regulations
on animal and plant quarantine and epidemic prevention.

Article 38

The old and disused ships entering the country for disassembling purposes shall be quarantined by the port animal and plant quarantine
office. In the event that diseases, insect pests or harmful organisms specified in the catalogues mentioned in Article 18 of this
Law are discovered, the said ships shall be subjected to a treatment of disinfection and disinfestation.

Chapter VII Legal Responsibility

Article 39

Whoever, in violation of this Law, commits any of the following acts shall be fined by the port animal and plant quarantine office:

(1)

Failing to apply for quarantine inspection or failing to go through the formalities for examination and approval of quarantine inspection
in accordance with the law;

(2)

Unloading animals or plants, animal or plant products or other quarantine objects entering the country from the means of transport
or transporting or delivering the same, without permission of the port animal and plant quarantine office;

(3)

Transferring or disposing of, without authorization, the animals or plants subjected to quarantine inspection in an isolation court
designated by the port animal and plant quarantine office.

Article 40

Where the animals or plants, animal or plant products or other quarantine objects declared for quarantine inspection do not conform
to the actual conditions, the applicant shall be fined by the port animal and plant quarantine office; and the quarantine certificates
already obtained shall be revoked.

Article 41

Whoever, in violation of this Law and without authorization, unpacks the packings of transit animals or plants, animal or plant products
or other quarantine objects, discharges transit animals or plants, animal or plant products or other quarantine objects from the
means of transport, or casts away transit animals’ carcasses, excrements, bedding materials or other wastes, shall be fined by the
port animal and plant quarantine office.

Article 42

Whoever violates the provisions of this Law and causes a serious animal or plant epidemic shall be investigated for criminal responsibility
by applying mutatis mutandis the provisions of Article 178 of the Criminal Law.

Article 43

Whoever forges or alters the quarantine certificates, stamps, marks or seals shall be investigated for criminal responsibility in
accordance with the provisions of Article 167 of the Criminal Law.

Article 44

If a party is not satisfied with the decision on punishment made by an animal and plant quarantine organ, it may, within 15 days after
receipt of the notification of the punishment, apply for reconsideration to the organ at the next higher level over the organ that
has made the decision on punishment; the party may also directly bring a suit in a people’s court within 15 days after receipt of
the notification of the punishment.

The reconsideration organ shall, within 60 days after receipt of the application for reconsideration, make a reconsideration decision.
If the party is not satisfied with the reconsideration decision, it may, within 15 days after receipt of the reconsideration decision,
bring a suit in a people’s court. If the reconsideration organ fails to make a reconsideration decision within the prescribed period,
the party may bring a suit within 15 days after the expiration of the period for reconsideration.

If the party neither applies for reconsideration within the time limit, nor brings a suit in a people’s court, nor complies with the
decision on punishment, the organ that has made the decision on punishment may apply to a people’s court for compulsory execution.

Article 45

Where a quarantine functionary of an animal and plant quarantine organ who abuses his or her power, practices favoritism or embezzlement,
forges a quarantine result, or neglects his or her duty or delays the performance of quarantine inspection and the issuance of certificates,
criminal responsibility shall be investigated according to law if the offence constitutes a crime; if the offence does not constitute
a crime, the offender shall be subjected to administrative sanctions.

Chapter VIII Supplementary Provisions

Article 46

As used in this Law, the following terms respectively mean:

(1)

“Animals” mean the live animals, whether domesticated or wild, such as livestock, poultry, beasts, snakes, tortoises, fishes, shrimps
and prawns, crabs, shellfishes, silkworms and bees;

(2)

“Animal products” mean the nonprocessed products or the processed products, from animals, still liable to spread epidemic diseases,
such as raw hides, hairs, meats, viscerae, fat and grease, aquatic animal products, dairy products, eggs, blood, semens, embryos,
bones, hoofs and horns;

(3)

“Plants” mean cultivated plants, wild plants, their seeds and seedlings and other propagating materials;

(4)

“Plant products” mean the non-processed products or the processed products, from plants, still liable to spread diseases, insect pests
or harmful organisms, such as grain, beans, cotton, oils, fibres, tobacco, kernel, dried fruits, fresh fruits, vegetables, raw medicinal
herbs, logs and feeding stuffs;

(5)

“Other quarantine objects” mean animal vaccine, blood serum, diagnostic reagents, wastes of animal or plant nature.

Article 47

If provisions of this Law contravene those of the international treaties concerning animal and plant quarantine which the People’s
Republic of China has concluded or to which China is a party, the provisions of the international treaties concerned shall prevail,
with the exception of the treaty clauses on which the People’s Republic of China has declared reservations.

Article 48

Port animal and plant quarantine offices shall collect fees, according to relevant regulations, for performing quarantine inspection.
The measures for the collection of fees shall be worked out by the department of agriculture administration under the State Council
together with the competent departments such as the pricing department under the State Council.

Article 49

The State Council shall, on the basis of this Law, formulate the implementing regulations.

Article 50

This Law shall enter into force as of April 1, 1992. The Regulations of the People’s Republic of China on the Import and Export Animal
and Plant Quarantine promulgated by the State Council on June 4, 1982 shall be annulled simultaneously.

The Standing Committee of the National People’s Congress
1991-10-30

REGULATIONS FOR THE IMPLEMENTATION OF THE COPYRIGHT LAW

Regulations for the Implementation of the Copyright Law of the PRC

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II COPYRIGHT ADMINISTRATIVE AUTHORITIES

CHAPTER III OWNERSHIP AND EXERCISE OF COPYRIGHT

CHAPTER IV COPYRIGHT LICENCING CONTRACTS

CHAPTER V EXERCISE OF AND LIMITATIONS ON RIGHTS RELATED TO

CHAPTER VI ADMINISTRATIVE SANCTIONS

CHAPTER VII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISION

Article 1. The present Regulations are formulated according to the Article 54 of the Copyright Law of the People’s Republic
of China (hereinafter referred to as the Copyright Law).

Article 2. The term “works” used in the Copyright Law refers to original intellectual creations in the literary, artistic and
scientific domain, in so far as they are capable of being reproduced in a certain tangible form.

Article 3. The term “creation” mentioned in the Copyright Law refers to intellectual activities from which literary, artistic and
scientific works are directly resulted.

The making of arrangement and the provision of consultation, material means or supporting service, done for others in
their creating activities, shall not be deemed as acts of creating. Article 4. These works mentioned in the Copyright
Law and the present Regulations mean the following:

(1) Written works are works expressed in writing, such as novels, poems, essays and thesis;

(2) Oral works are works, such as unprepared speeches, lectures and court debates, which are created in spoken words and
have not been fixed on any material carrier;

(3) Musical works are works, with or without accompanying words, which can be sung or performed, such as symphony and songs;

(4) Dramatic works are works, such as dramas, operas and local art forms, which are created for stage performance;

(5) Qu Yi works are works created mainly for being performed in a way involving recitation, singing, or both, such
as cross talk, clapper talk, ballad singing and story telling;

(6) Choreographic works are works which are or can be expressed in successive body movements, gestures and facial
movements;

(7) Works of fine art are two- or three-dimensional works created in lines, colours or other medium which,
when being viewed, impart esthetic effect, such as paintings, works of calligraphy, sculptures and works of architecture;

(8) Photographic works are the kind of artistic works created by recording images on light-sensitive materials with the aid
of devices;

(9) Cinematographic, television and videographic works are works which, being recorded on some material, consist
of a series of frames of images, with or without accompanying sound, and can be projected with the aid of devices
suitable in relation to a specific works;

(10) Drawings of engineering designs and product designs and the accompanying descriptions are drawings
made for the purpose of actual construction and manufacturing and descriptive works contained in the said design drawings;

(11) Maps, diagrams and other graphic works refer to two- or three-dimensional works showing geographical
phenomenon and demonstrating the fundamental or the structure of a thing or an object, such as geographical maps,
plan of electrical circuit or an anatomical drawings.

Article 5. The exploitation referred to in the present Law in relation to works shall mean the doing of the following acts:

(1) Reproduction is the making of if one or more copies of a work by means like printing, photocopying, copying by
hand, rubbing, audio-recording, video-recording, re-recording or photographing;

(2) Performance is the public presentation of a work through vocal sound, facial movements and body movements, directly
or with the aid of technical devices;

(3) Broadcasting is the communication of works through wireless radio waves and cable television system;

(4) Exhibition is the public display of works of fine art and photography, whether their original copies or reproductions;

(5) Distribution is the provision of copies of a work to the public by means such as sale and rental, in so far
as the number of copies satisfy the reasonable need of the public;

(6) Publication is the public distribution of copies of the edited version of a work;

(7) Making of cinematographic, television and video works means the fixation for the first time of a
work on some materials by means of cinematographic production or analogous process. This subsection shall not
apply to the mere mechanical recording of performance or scenes or material objects;

(8) Adaptation is the creation of new original works on the basis of pre-existing ones by changing their original
form of expression or the purposes they are originally designed to serve;

(9) Translation is the conversion of the language of a work into another language;

(10) A notation is the explanation of characters, words and sentences used in a literary work;

(11) Compilation is the creation of a work by assembling a number of selected pre-existing works, in whole
or in parts, according to an arrangement designed for a specific purpose;

(12) Sorting-out is the rearrangement of pre-existing works or materials by changing their former state of being
fragmented and poorly-ordered into a one of being systematic and orderly, such as the glossing and repairing of ancient
classics.

Article 6. As used in the Law, the terms listed below shall mean the following:

(1) News of current events refers to the mere report of facts or happenings conveyed by newspapers, periodicals and radio
and television stations;

(2) Sound recordings refers to the original recordation of any sounds;

(3) Video recordings refers to the original recordation of a series of related images, with or without
accompanying sounds, other than cinematographic and television and videographic works;

(4) Radio and television broadcasts refer to the programme communicated by radio or television station by means
of diffusing signals carrying sound or images or both;

(5) Producer of sound recordings refers to a person who makes sound recordings;

(6) Producer of video recordings refers to a person who makes video recordings;

(7) Performer refers to persons who perform literary and artistic works professionally or not professionally.

CHAPTER II COPYRIGHT ADMINISTRATIVE AUTHORITIES

Article 7. The national Copyright Administration, being an administrative department for copyright matters under the State
Council, is responsible for the nation-wide work of administration of copyright by mainly carrying out the
following functions:

(1) To implement copyright-related laws and regulations and to promulgate rules in relation to copyright administration;

(2) To investigate and redress cases of infringement of copyright that are of nation-wide influence;

(3) To approve the formation of and to supervise the operation of collective administration of copyright,
copyright agent business dealing with cross-border transactions and arbitrations scheme for disputes raised
in relation to copyright contracts;

(4) To undertake administration as far as external copyright relation is concerned;

(5) To administer copyright of which the State is the owner;

(6) To provide guidance for local copyright authorities with their performance of administrative functions;

(7) To carry out other duties assigned by the State Council in relation to copyright administration.

Article 8. The copyright department under the local governments are responsible for copyright administration within their
respective jurisdiction, whose duties shall be determined by the government of each of the provinces, autonomous regions
and municipalities directly under the central government.

CHAPTER III OWNERSHIP AND EXERCISE OF COPYRIGHT SECTION I OWNERSHIP OF COPYRIGHT

Article 9. Unless the Law provided otherwise, copyright shall belong to citizens who have created works and the legal and non-legal entities
who are deemed authors by virtue of the Law.

The conditions laid down by the General Principles of the Civil Law of the People’s Republic of China must be satisfied
to be a legal entity. Social institutions and economic organizations, by not being able to meet the conditions
to be legal entities, and the relatively independent departments forming a legal entity are non-legal entities for the purpose
of the Law.

Article 10. Persons who have glossed or sorted-out preexisting works shall enjoy the copyright in the works thus created, in so far as
they are not enpost_titled to copyright in the works they used and do not have the right to prohibit the glossing or sorting-out
done by other person in relation to the same pre-existing work.

Article 11. Where joint authors failed to reach an agreement on the exercise of copyright in a work of joint authorship which can not
be used piecemeal, any party may not unreasonably prohibit the exercise by others of the said copyright.

Article 12. In the case of works of compilation, being in the form of encyclopedias, dictionaries, text books or photo books of large
size, as the case may be, copyright in the work as a whole shall belong to legal entities or non-legal entities
who have arranged manpower or provided financial aid and material means for their creation and bear the responsibility
in relation to the said work.

Article 13. Permission to make necessary alteration shall be implied where the copyright owner has authorized the making cinematographic,
television or videographic work based on his or her work, in so far as such alteration does not distort or mutilate the
original work.

Article 14. Where copyright in a work created within the fulfillment of duties belongs to the author, the author may ask his
institution to permit a third party to use the work in the same manner as the institution might have done. if the institution
does not use the work in the course of its business within 2 years after the creation of the work.

Within 2 years after the creation of the work, the author may, with the permission of the institution, permit a third
party to use the work in the manner as the institution may have done. Remunerations thus obtained shall be divided
between them according to agreed proportion.

Even after the expiry of the said 2 years, the institution may continue with use of the work in the course of its business.

The aforementioned 2 years period after the creation of the work shall be calculated from the date on which the work
concerned is submitted to the institution.

Article 15. Material and technical conditions mentioned in paragraph 2 of Article 16 (1) of the Law shall mean fund, equipments
or materials provided expressly for the creation of a work.

Article 16. In the case of a work of unknown author, the copyright, except the right of indication of authorship, shall be exercised
by the lawful holder of the original copy of the work. With the restoration of authorship, the copyright shall be exercised
by the author or his heir in post_title.

Article 17. Article 18 of the Law, which says that transfer of ownership of the original copy of a work of fine art shall not
be deemed as transfer of copyright in the work, is applicable to all works the ownership of original copy of which can be transferred.

SECTION II INHERITANCE OF COPYRIGHT

Article 18. Inheritance of economic rights contained in copyright shall be executed in accordance with the Law of Inheritance.

Article 19. In the case where one of the co-authors of a work of joint authorship dies without having heir in post_title or other beneficiary,
the economic rights he enjoyed in relation to his contribution to the work shall be exercised by the other co-authors.

Article 20. Right of indication of authorship, right of revision and right of integrity contained in copyright shall,
after the death of the author, be protected by the heir in post_title and other person to whom the economic rights are granted.

In the absence of heir in post_title or other beneficiary, right of indication of authorship, right of
revision and right of integrity contained in copyright shall be protected by the copyright administrative
authority.

Article 21. Copyright enjoyed by the State shall be enforced by the copyright administrative authority on behalf of the State.

Article 22. In the case of posthumous works, the right of disclosure may be exercised by the author’s heir in post_title or other beneficiary
for a period of 50 years, unless a prior statement by the author says expressly to the contrary. In the absence of heir
in post_title or other beneficiary, the said right shall be exercised by the lawful holder of the original copy of the work.

SECTION III COMING INTO EXISTENCE OF COPYRIGHT AND CALCULATION OF THE TERM OF PROTECTION

Article 23. Copyright protected under this Law shall emerge on the date when a work is created.

Article 24. In the case of a work of unknown author, the term of protection in relation to economic rights shall be 50 years
ending on December 31 of the fiftieth year after the first publication of the work. Article 21 of the Law
shall be applicable after authorship of the work becomes ascertained.

Article 25. In the case of works by foreign authors that have first published in China, the term of protection shall be calculated
from the date of first publication of the work.

The first publication in China mentioned in the paragraph 2 of Article 2 of the Law in relation to works of foreigners
refer to the situation where unpublished works of foreigners have been published for the first time in China by lawful
means.

Works of foreigners first published outside China shall be deemed first published in China if it is published in
China within 30 days after its first publication.

Unpublished works of foreigners shall also be deemed first published in China if their authorized adaptations
or translations are first published in China.

SECTION IV LIMITATIONS ON RIGHTS

Article 26. As used in the Law, a published work refers to a work which has been made known to the public by means stipulated in the
Law.

Article 27. The following conditions have to be satisfied for an act to be deemed appropriate quotation of published works by act to
be deemed appropriate quotation of published works by others mentioned in Article 22 (2) of the Law:

(1) The quotation is made solely for the purpose of introducing or reviewing the source works or making clear
a point;

(2) What has been quoted does not form a major or substantial part of the work of the quoter;

(3) The interests of the copyright owner of the work being quoted shall not be prejudiced.

Article 28. Article 22(3) of the Law refers to unavoidable inclusion of published works as is justified by the purpose of
reporting current events.

Article 29. Making use of published works of other persons by virtue of Article 22 (6) and (7) shall not harm the normal exploitation
of the works concerned and shall not unreasonably prejudice the legitimate interests of the copyright owners.

Article 30. In the case of performance of published works as is permitted by Article 22 (9) of the Law, no fees shall be charged on
viewing or hearing audience and no remuneration shall be paid to the performers.

Article 31. Article 22 (11) of the Law shall be applicable only to works originally created in Chinese.

CHAPTER IV COPYRIGHT LICENCING CONTRACTS

Article 32. It is a requirement that contracts with copyright owners and licence obtained for using their works be made in writing, except
the cases where works are to be published by newspaper and periodicals.

Article 33. In default of a clear indication in a contract in relation to the grant of exclusive right to use, only non-exclusive right
to use by the licensee shall be implied, unless the Law stipulated otherwise.

Article 34. The provision of standard forms of various copyright licencing contracts shall be the responsibility of the National
Copyright Administration.

Article 35. The person who has obtained exclusive right in relation to the use in a certain way of a work shall have the right
to prevent any other person including the copyright owner as licensor from using the work in the same way. However,
the sublicencing of the same right to a third party shall be subject to permission by the copyright owner, unless the
contracting parties agreed otherwise.

CHAPTER V EXERCISE OF AND LIMITATIONS ON RIGHTS RELATED TO COPYRIGHT

Article 36. As is used in the Law and the Regulation, rights related to copyright mean the right enjoyed by publishers in their publications,
the right enjoying by performers in their performances, the right enjoyed by producers of audio and video recordings in their
products and the right enjoyed by radio and television stations in their broadcasts.

Article 37. Publishers, performers, producers of audio and video recordings and radio and television stations, in the course of exercising
their rights, shall not prejudice copyrights their owners enjoyed in the works being used.

Article 38. Publishers shall enjoy exclusive right of exploitation in typographical design of the books, newspapers and periodicals
they have published.

Article 39. By virtue of Article 30 of the Law, legal protection shall be available for the exclusive right a publisher obtained to
publish, within the term of validity of and the territory of execution defined by the contract, a work in its original
language and in the form of original edition, revised version or condensed version.

Article 40. In the case where manuscripts was submitted to a publisher on the author’s own initiative, the publisher shall, within
6 months, notify the author whether he will publish the work or not. In the case of acceptance, a contract shall be made;
in the case of refusal, notification shall be sent to the author in a timely manner. In the case where no notification
is served and no contract is made, the author may, upon expiry of the said 6 months, demand that the manuscripts be returned
and economic compensation be made. The said 6 months shall be calculated from the date of receipt by the publisher of the
manuscripts.

Article 41. Articles 29, 30, 31 and 33 of the Law shall not be applicable to the case where the cost of publication of a work
is born by the author.

Article 42. The state of being out of print in relation to a work mentioned in Article 31 of the Law shall be established if a period
of 6 months after two subscription forms were mailed by the author to the publisher expires without action being
taken to satisfy the subscription.

Article 43. To object to the reprinting of his or her work in whole or in part by virtue of paragraph 2 of Article 32 of the Law, the
copyright owner is required to make a statement to that effect at the same time when the work is first published in a newspaper
or a periodical.

Article 44. No time limit shall be set on the term of protection in relation to the rights provided for in Article 36
(1) and (2) of the Law.

In the case of the term of protection in relation to the right of remuneration the performers enjoyed by virtue
of paragraph 2 of Article 39 and paragraph 3 of Article 42 of the Law, paragraph 1 of Article 39 and paragraph 2 of Article
42 of the Law shall apply.

Article 45. With reference to Article 35 of the Law, payment of remuneration by performers to copyright owner shall be done
through the person who has organized the performance in question.

Article 46. Performance by foreign performers taking place in China shall be protected by the Law.

Article 47. Audio and video recordings produced and distributed in China by foreign producers shall be protected by the Law.

Article 48. To object to the performance, recording or making broadcasts of his or her work by virtue of paragraph 2 of Article 35,
paragraph 1 of Article 37 and paragraph 2 of Article 40 of he Law, the copyright owner is required to make a
statement to that effect at the same time when his or her work is published, or have the statement carried in
copyright bulletin issued by the National Copyright Administration.

Article 49. To use published works of other persons by virtue of paragraph 2 of Article 32, paragraph 2 of Article 35, paragraph
1 of Article 37 and paragraph 2 of Article 40 of the Law, the user is required to pay remuneration to the copyright owner.
In the case where the copyright owner is not identifiable or the address of the copyright owner is not available,
the remuneration payable shall be remitted to the body designated by the National Copyright Administration for further
transfer to the due copyright owner within 1 month.

CHAPTER VI ADMINISTRATIVE SANCTIONS

Article 50. Infringements against copyright enumerated in Article 46 of the Law shall be liable to the administrative sanctions to
be imposed by copyright administrative authority in the form of public warning, injunction in relation to the
production and distribution of infringing copies, confiscation of unlawful gains and seizure of infringing copies and equipments
used for making infringing copies, as well as fine.

Article 51. The amount of the fine to be imposed for infringements against copyright enumerated in Article 46 of the Law
shall be the following, depending on situation of each of the cases:

(1) Infringing act given by Article 46 (1) of the Law shall be liable to a fine of from 100 to 5 000 yuan in RMB;

(2) Infringing acts given by Article 46 (2), (3), (4), (5), and (6) of the Law shall be liable to a fine of 10 000
to 100 000 yuan in RMB, or an amount of 2 to 5 times as much as the entire price of the infringing copies;

(3) Infringing act given by Article 46 (7) of the Law shall be liable to a fine of from 1 000 to 50 000 yuan in RMB

Article 52. Copyright administrative authorities under the local governments shall be empowered to redress the infringements
against copyright enumerated in Article 46 of the Law.

The National Copyright Administration shall investigate and redress the following infringements against copyright:

(1) Infringements against copyright that are of nationwide influence;

(2) Infringements against copyright where a foreign party is involved;

(3) Infringements against copyright that should be redressed by the National Copyright Administration, as the Administration
might think.

Article 53. In exercising its right of imposing administrative sanctions, copyright administrative authority may order the
infringer to compensate the loss the infringed party suffered.

CHAPTER VII SUPPLEMENTARY PROVISIONS

Article 54. Copyright owners may exercise their copyrights by way of collective administration.

Article 55. The interpretation of this Regulation shall be the responsibility of the National Copyright Administration.

Article 56. This Implementing Regulation shall enter in force on June 1, 1991.

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE ESTABLISHMENT OF MARITIME COURTS IN COASTAL PORT CITIES

Decision of the Standing Committee of the National People’s Congress on the Establishment of Maritime Courts in Coastal Port Cities

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

Whole Document DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’SCONGRESS ON THE ESTABLISHMENT OF MARITIME
COURTS IN COASTAL PORT CITIES(Adopted at the Eighth Meeting of the Standing Committee of theSixth National People’s Congress and
promulgated for implementation byOrder No. 20 of the President of the People’s Republic of China onNovember 14, 1984)To
meet the needs in the development of the country’s maritime transportand in its economic relations and trade with foreign
countries, effectively exercise the country’s judicial jurisdiction and handlemaritime affairs and maritime trade cases
promptly, so as to safeguard thelawful rights and interests of both Chinese and foreign litigants, thefollowing decisions have
been made:1. Maritime courts shall be established in certain coastal port citiesaccording to need. The establishment of such
courts, their alteration andtheir abolition shall be decided by the Supreme People’s Court.The establishment of adjudicatory apparatus
and administrative offices ofthe maritime courts shall be decided by the Supreme People’s Court.2. The maritime courts shall be
responsible to the standing committees ofthe people’s congresses of the municipalities where they are located.The judicial work
of maritime courts shall be subject to supervision bythe higher people’s courts in their respective localities.3. The maritime
courts shall have jurisdiction over maritime cases andmaritime trade cases of first instance; they shall not handle criminalcases
or other civil cases. The designation of the jurisdiction area foreach maritime court shall be decided by the Supreme People’s
Court.The higher people’s court in the locality where a maritime court islocated shall have jurisdiction over appeals against
the judgments andorders of the maritime court.4. The president of a maritime court shall be appointed or removed by thestanding
committee of the people’s congress of the city where the court islocated, upon a proposal submitted by the chairman of the
standingcommittee of the people’s congress. The vice- presidents, chief judgesand associate chief judges of divisions, judges
and members of thejudicial committee of a maritime court shall be appointed or removed bythe standing committee of the people’s
congress of the city where thecourt is located, upon a proposal submitted by the president of themaritime court.

CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL OF THE NATIONAL DEVELOPMENT ZONES FOR NEW AND HIGH TECHNOLOGY INDUSTRIES AND THE RELEVANT POLICIES AND PROVISIONS

Category	SCIENCE AND TECHNOLOGY	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1991-03-06	Effective Date	1991-03-06

Circular of the State Council Concerning the Approval of the National Development Zones for New and High Technology Industries and the Relevant Policies and Provisions

ANNEX I  Requirements and Measures for the Acknowledgement and
ANNEX II  Interim Provisions on Policies for the National Development
ANNEX III  Provisions on the Tax Policy for the National Development

(March 6, 1991)

In pursuance of the Decision of the Central Committee of the Communist
Party of China on the Reform of the Science and Technology Management System,
a number of development zones for new and high technology industries have
been successively established in recent years in some large and mediumsized
technologyintensive cities and coastal areas, which have promoted the
development of new and high technology industries in our country. In order to
act in the spirit of further implementing the Torch Programme and managing
well the development zones for new and high technology, as advocated in the
Proposal of the Central Committee of the Communist Party of China on the
Formulation of the TenYear Programme and the Eighth FiveYear Plan for
National Economic and Social Development so as to expedite the development of
new and high technology industries, the State Council has decided to
designate another group of existing development zones for new and high
technology industries in various places as national development zones for new
and high technology industries, in addition to the Beijing Experimental Zone
for the Development of New Technology Industries approved by the State
Council in 1988, and to bestow them preferential policies accordingly. The
following are hereby notified:

1. The State Council approves the designation, as examined and determined
by the State Science and Technology Commission, of the following 21
development zones as the national ones for new and high technology industries:

Donghu New Technology Development Zone, Wuhan;

Pukou ExportOriented Development Zone for New and High Technologies,
Nanjing;

Nanhu Science and Technology Development Zone, Shenyang;

Tianjin New Technology Industries Park;

Xi’an Development Zone for New Technology Industries;

Chengdu Development Zone for New and High Technology Industries;

Weihai Torch Development Zone for High Technology Industries;

Zhongshan Torch Development Zone for High Technology Industries;

NanhuNanling New Technology Industries Park, Changchun;

Harbin High Technology Development Zone;

Changsha Experimental Zone for the Development of Science and Technology;

Fuzhou Science and Technology Park;

Tianhe Development Zone for New and High Technology Industries, Guangzhou;

Hefei Science and Technology Industry Park;

Chongqing Development Zone for New and High Technology Industries;

Hangzhou Development Zone for New and High Technology Industries;

Guilin Development Zone for New Technology Industries;

Zhengzhou High Technology Development Zone;

Ningwozhuang Experimental Zone for the Development of New Technology
Industries, Lanzhou;

Shijiazhuang Development Zone for New and High Technology Industries; and

Jinan Development Zone for High Technology Industries.

2. In addition, the Caohejin Development Zone for NewlyEmerged
Technologies in Shanghai, Dalian New and High Technology Industries Park,
Shenzhen Science and Technology Industry Park, Xiamen Torch Development Zone
for High Technology Industries and Hainan International Science and
Technology Industry Park, which have been respectively set up in the economic
and technological development zones and in the special economic zones, are
also designated as the national development zones for new and high technology
industries.

3. The State Council authorizes the State Science and Technology
Commission to be responsible for the examination and determination of the
bounds and the area of each national development zone for new and high
technology industries, and for the relevant management and specific guidance
of each zone.

4. The State Council approves the Requirements and Measures for the
Acknowledgement and Determination of New and High Technology Enterprises in
the National Development Zones for New and High Technology Industries
(Annex I) and Interim Provisions on Policies for the National Development
Zones for New and High Technology Industries (Annex II) both formulated by
the State Science and Technology Commission, and Provisions on the Tax Policy
for the National Development Zones for New and High Technology Industries
(Annex III) formulated by the State Administration of Taxation, which should
all be observed and implemented.

5. In the Beijing Experimental Zone for the Development of New Technology
Industries, all transactions of business should be conducted in accordance
with the Interim Regulations of the Beijing Experimental Zone for the
Development of New Technology Industries, except for the magnitude control of
investment in fixed assets and the reserved percentage of foreign exchange
earned through exportation, which should comply with the existing provisions.

It is of great significance for the readjustment of industrial structure,
the promotion of the traditional industries transformation, the improvement
of labour productivity and the enhancement of international competitiveness
to accelerate the commercialization and industrialization of the achievements
in high technology by relying on our own scientific and technical strength.
All localities and all relevant departments shall strengthen leadership over
and give effective support to the development zones for new and high
technology industries and, in accordance with the relevant provisions and
policies of the State, promote a sound development of new and high technology
industries of our country.
ANNEX I Requirements and Measures for the Acknowledgement and
Determination of New and High Technology Enterprises in the National
Development Zones for New and High Technology Industries

Article 1 These Measures are formulated for the implementation of the
relevant policies and provisions on the national development zones for new
and high technology industries approved by the State Council and the
promotion of the development of new and high technology industries in China.

Article 2 New and high technology enterprises in the national
development zones for new and high technology industries (hereinafter
referred to as the development zones) shall be acknowledged and determined in
accordance with these Measures.

Article 3 The science and technology commissions of provinces,
autonomous regions, municipalities directly under the Central Government and
cities separately listed in planning (hereinafter referred to as the
provincial or municipal science and technology commissions) shall be the
competent organs responsible for acknowledging and determining new and high
technology enterprises in the development zones and for supervising the
implementation of these Measures under the people’s governments of provinces,
autonomous regions, municipalities directly under the Central Government and
cities separately listed in planning. The offices of the development zones
shall, under the leadership of the relevant people’s governments and under
the guidance of the relevant provincial or municipal science and technology
commissions, handle the specific matters in examining and approving the
acknowledgement and determination of new and high technology enterprises.

Article 4 In line with the current state of scientific and technical
development across the world, the scope of new and high technologies is
defined as follows:

(1) microelectronics and electronic information technology;

(2) space science and aero/space technology;

(3) photoelectronics and photo-mechanic-electronic integration technology;

(4) life science and bioengineering technology;

(5) materials science and new-material technology;

(6) energy science and new energy technology and efficient energy-saving
technology;

(7) ecology science and environmental protection technology;

(8) earth science and marine engineering technology;

(9) science of fundamental matters and radiation technology;

(10) medicine science and biomedical engineering;

(11) other new processes and technologies applied on the basis of
traditional industries.

This scope of new and high technologies will be supplemented and revised
in accordance with the continuous development of new and high technologies at
home and abroad, and the State Science and Technology Commission shall
announce the supplemented and revised scope.

Article 5 A new and high technology enterprise shall be an
intellect-intensive and technology-intensive economic entity. The new and
high technology enterprise in a development zone shall meet the following
requirements:

(1) being engaged in the research, development, production and business
operations of one or several high technologies and related products as
specified in Article 4 of these Measures, excluding purely commercial
business operations;

(2) being independent in accounting and management, and responsible for
its own profits and losses;

(3) being headed by scientific and technical personnel who are familiar
with the research, development, production and business operations of the
enterprise’s products, and are full-time employees of the enterprise;

(4) having scientific and technical personnel with the educational
qualification at or above the level of higher learning who shall account for
at least 30 percent of the enterprise’s total staffs and workers; among them
at least 10 percent being engaged in research and development of new and high
technology products;

As for the labour-intensive new and high technology enterprises which are
engaged in the production of new and high technology products or service, the
scientific and technical personnel with educational qualifications at or
above the level of higher learning shall account for at least 20 percent of
their total staffs and workers;

(5) possessing a capital amounting to or exceeding one hundred thousand
yuan (RMB), as well as premises and facilities commensurate with the scale of
the business operation;

(6) spending at least 3 percent of the enterprise’s annual gross income
on the research and development of new and high technology and related
products;

(7) realizing a total of the technological income and output value of new
and high technologies exceeding 50 percent of the annual gross income of the
new and high technology enterprise that generally comprises the technological
income, output value of products from new and high technologies, output value
of products from conventional technologies, and technologically interrelated
trade;

The technological income refers to earnings from technology consultancy
and transfer, the investment in the form of technologies in businesses,
technological service, training, project and contracting, the export of
technologies, the assimilation of imported technologies, and pilotplant
products that are performed by the new and high technology enterprise;

(8) having explicit articles of association and strict technical and
financial management system;

(9) having fixed a business duration of 10 years or longer.

Article 6 For the setting up of a new and high technology enterprise, an
application shall be submitted to the office of the development zone
concerned for examination and acknowledgement, and then to a provincial or
municipal science and technology commission for approval, and a certificate
of new and high technology enterprise shall be issued by the approving
commission.

Article 7 The offices of the development zones shall, in accordance with
requirements specified in Article 5 of these Measures, make regular
inspections on new and high technology enterprises. Enterprises which fail to
meet the aforesaid requirements may not enjoy the treatment provided for by
different policies for the national development zones for new and high
technology industries.

Article 8 The time limit for the products to be listed as new and high
technology ones shall usually be no longer than five years. The time limit
may be extended to seven years after approval for new and high technology
products that need a longer technical cycle.

Article 9 Any change in the scope of business operation, amalgamation or
breakup, divertion in trade, removal to a new site or close-down of new and
high technology enterprises shall be approved beforehand by the office of the
development zone concerned. The enterprises shall register such changes with
the relevant departments in charge of industry, commerce and taxation.

Article 10 Any State-owned scientific and technological research unit
located in a development zone which has become a financially independent unit
after the reduction of its Statefunded administration and undertaking
expenses according to the provisions of the State and which meets the
requirements specified in Article 5 of these Measures may be acknowledged as
a new and high technology enterprise upon verification by the office of the
development zone concerned.

Article 11 These Measures shall replace the Interim Provisions on the
Requirements and Standards for the Acknowledgement and Determination of New
and High Technology Enterprises promulgated earlier by the State Science and
Technology Commission.

Article 12 The provincial and municipal science and technology
commissions shall work out detailed rules for the implementation of these
Measures. Any discrepancy found in the original detailed rules for the
implementation shall be revised in accordance with these Measures.

Article 13 The State Science and Technology Commission shall be
responsible for the interpretation and revision of these Measures.

Article 14 These Measures shall be put into effect as of the date of
approval by the State Council.
ANNEX II Interim Provisions on Policies for the National Development
Zones for New and High Technology Industries

Article 1 These Provisions are formulated to foster the establishment of
new and high technology industries development zones in our country and
promote the development of new and high technology industries.

Article 2 These Provisions shall apply to new and high technology
enterprises in the national development zones for new and high technology
industries acknowledged and determined in line with the “Requirements and
Measures for the Acknowledgement and Determination of New and High Technology
Enterprises in the National Development Zones for New and High Technology
Industries” formulated by the State Science and Technology Commission.

Article 3 These Provisions cover all preferential policies except for
tax policy.

Article 4 Matters concerning preferential tariffs and duties on imports
and exports shall be dealt with in accordance with the following stipulations:

(1) For importing raw materials and component parts destined for
processing export products by new and high technology enterprises in the new
and high technology industries development zones, import license shall be
exempted. The Customs in charge shall check and release the above-mentioned
raw materials and parts against the export contracts and approval papers
issued by the new and high technology industries development zones.

(2) Subject to the approval by the Customs, new and high technology
enterprises may set up in the new and high technology industries development
zones bonded warehouses or bonded factories. The Customs shall exempt import
duties, tax for the import products and tax on the added value of products in
accordance with the provisions on processing imported raw materials and parts
and the real export volume of the processed products.

(3) The export products of new and high technology enterprises, except
for those restricted by the State or those otherwise stipulated, shall be
exempted from export duties.

(4) Bonded export products shall not be marketed at home unless approved
by the original examination and approval authorities and the Customs, and
duties shall be levied according to the regulations. Of these products, those
that are specifically rationed by the State or require import license shall
go through the procedures for approving the import or for applying for the
import license according to the relevant provisions of the State.

(5) The import of apparatus and equipment to be used by new and high
technology enterprises for the development of new and high technology and
which cannot be made at home shall be exempted from import duties against the
approval papers issued by the examination and approval authorities and after
the verification by the Customs.

The Customs may, when deeming it necessary, set up agencies or station
supervisory groups in the new and high technology industries development
zones to supervise and control the imports and exports.

Article 5 As regards import and export business, it is stipulated as
follows:

(1) With the approval of the Ministry of Foreign Economic Relations and
Trade, technology import and export corporations may be set up in the new and
high technology industries development zones to promote the access of new and
high technology products to international markets.

(2) According to the relevant provisions of the State new and high
technology enterprises with good results in export business may be granted
the right to handle foreign trade transactions. New and high technology
enterprises may, with approval by relevant departments, set up branches
overseas according to business needs.

Article 6 As regards capital and credits, it is stipulated as follows:

(1) Banks shall give an active support to new and high technology
enterprises and do their best to provide enterprises with funds needed for
their development, production and construction.

(2) Banks may arrange the issue of long-term bonds in definite sums for
the new and high technology industries development zones so as to raise funds
from the society to help the development of new and high technology
industries.

(3) Departments concerned may establish venture investment funds in the
new and high technology industries development zones for the development of
new and high technology products with greater risks. Venture investment
companies may be set up in the new and high technology industries development
zones where conditions are available.

Article 7 The capital construction projects for production and sales of
new and high technology enterprises shall be carried out according to the
overall plan, and be given priority to be brought into the local fixed
capital investment programmes.

Article 8 Approved by the local people’s governments, new and high
technology enterprises may be exempted from subscribing for State key
construction bonds.

Article 9 The new and high technology products developed by new and high
technology enterprises which have met qualifications of the import products
of the same kind in all quality standards and with a certain production scale
shall, after being examined and approved by the State Science and Technology
Commission jointly with other departments concerned, be listed in the
catalogue of the Staterestricted import commodities, and imports of such
products shall be restricted according to the existing regulations on import
control.

Article 10 Prices of new products developed by new and high technology
enterprises involving Statecontrolled prices (including State-set and
State-guided prices), except for those of specific varieties that shall be
fixed by departments in charge of price control, may be fixed by the
enterprises themselves during a definite period of trial sale of the products
but shall report to departments in charge of the enterprises and price
control for record. Prices of new and high technology products which are not
under the State price control may be fixed by the enterprises themselves.

Article 11 New and high technology enterprises may apply accelerated
depreciation of their apparatus and equipments used for development of new
and high technologies and production of their products.

Article 12 All tax payments from new and high technology enterprises in
the new and high technology industries development zones, if not affecting
the portion to be handed over to the central financial department and with
the approval of the local people’s governments, shall be based on the level
of such payments levied in 1990, and the amount of taxes collected in excess
thereof shall be returned, for a period of up to five successive years, to
the new and high technology industries development zones for their further
construction.

Article 13 Matter related to overseas trips more than once in a year
made by business and technical personnel of new and high technology
enterprises shall be dealt with in accordance with the Circular of the
General Office and the State Council Concerning the Transmission of the
Request for Instructions Submitted by the State Science and Technology
Commission to Simplify the Examining and Approving Procedures for Certain
People of New and High Technology Enterprises with Respect to Their Multiple
Exit from the Country.

Article 14 All localities and departments shall, when planning
employment and recruiting staffs and workers, give priority to needs of new
and high technology enterprises for recruiting university graduates and
postgraduates, as well as returned students and experts.

Article 15 People’s governments of provinces, autonomous regions,
municipalities directly under the Central Government or cities separately
listed in plan where the new and high technology industries development zones
approved by the State are located may work out measures for implementation in
line with these Provisions.

Article 16 The State Science and Technology Commission shall, jointly
with other departments concerned, inspect at regular intervals the new and
high technology industries development zones. The implementation of
preferential policies shall be suspended in those zones poorly managed or
showing slow progress, even to the degree of cancellation of their
qualifications as the national new and high technology industries development
zones.

Article 17 The State Science and Technology Commission and other
departments concerned shall be responsible for the interpretation of these
Provisions.

Article 18 These Provisions shall be put into effect as of the date of
approval by the State Council.
ANNEX III Provisions on the Tax Policy for the National Development
Zones for New and High Technology Industries

Article 1 These Provisions are formulated in order to accelerate the
healthy development of new and high technology industries of our country and
to further promote the establishment of the new and high technology
industries development zones.

Article 2 These Provisions shall apply only to the acknowledged and
determined new and high technology enterprises (hereinafter referred to as
development zone enterprises) in the new and high technology industries
development zones (hereinafter referred to as development zones) approved by
the State Council.

Article 3 The acknowledgement requirements and standards for the
development zones and development zone enterprises as well as the scope of
new and high technologies and the products thereof shall be dealt with
according to the unified provisions formulated by the State Science and
Technology Commission.

Article 4 The income tax of development zone enterprises shall be levied
at a reduced rate of 15 percent from the date of their acknowledgement and
determination.

Article 5 When the output value of export of a development zone
enterprise exceeds 70 percent of its total annual output value, the income
tax shall be levied at a reduced rate of 10 percent after being verified by
the taxation authorities.

Article 6 A newly-established development zone enterprise may, upon
approval by the taxation authorities of an application filed by the
enterprise, be exempted from income tax in the first two operation years.

A Chinese-foreign equity joint venture newly-established as a development
zone enterprise and scheduled to operate jointly for a period of 10 years or
more may, upon approval by the taxation authorities of an application filed
by the enterprise, be exempted from income tax in the first two years after
it has begun to make a profit.

Development zone enterprises using foreign investments within the special
economic zones and economic and technological development zones shall be
subject to the administration of relevant tax policy of the special zones or
economic and technological development zones, and shall not be restricted by
the provisions of the above two paragraphs of this Article.

On the expiration of the tax-free period, considerations of appropriate
tax reductions or exemptions for a definite period of time may, upon
approval, be given to the enterprises which still have real difficulties in
tax payment.

Article 7 Development zone enterprises using domestic investments with
an annual net income not exceeding 300,000 yuan (RMB) from technological
transfer and consultation, services and trainings related to this transfer
shall be temporarily exempted from income tax for the above-mentioned amount;
for the portion exceeding 300,000 yuan (RMB), income tax shall be levied
according to the appropriate tax rate. For all new and high technology
products developed under the “Torch Programme”, and conforming to exemption
and reduction conditions for new products, the amount derived from tax
exemption or reduction on products and on the added value of products shall
be used specially for the technical development and shall be exempted from
income tax.

Article 8 The amount derived from tax exemption or reduction for
development zone enterprises using domestic investments shall be regarded as
national support funds managed under an independent accounting system, and
shall be specially used for the development of new and high technologies and
their products under the supervision of relevant departments.

Article 9 For a development zone enterprise jointly run with another
investing party, the party shall, according to its own enterprise financial
system, pay retroactively the income tax or the portion to be handed over to
its superior department from the profit distributed to it after deducting the
tax levied in the development zone.

Article 10 For development zone enterpri

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE STRICT PROHIBITION AGAINST PROSTITUTION AND WHORING

Category	CRIMINAL LAW	Organ of Promulgation	The Standing Committee of the National People’s Congress	Status of Effect	In Force
Date of Promulgation	1991-09-04	Effective Date	1991-09-04

Decision of the Standing Committee of the National People’s Congress on the Strict Prohibition Against Prostitution and Whoring

(Adopted at the 21st Meeting of the Standing Committee of the Seventh

National People’s Congress on September 4, 1991, promulgated by Order No.51
of the President of the People’s Republic of China on September 4, 1991, and
effective as of September 4, 1991)(Editor’s Note: In accordance with the
provisions of Article 452 of the Criminal Law of the People’s Republic of China revised at the Fifth Session of the Eighth National
People’s Congress on
March 14, 1997, and effective on October 1, 1997, the provisions regarding
administrative penalties and administrative measures in this Decision shall
continue to be in force and the provisions regarding criminal liability have
been incorporated into the revised Criminal Law)

With a view to strictly prohibiting prostitution and whoring and severely
punishing criminals who organize, force, lure. shelter or procure any other
person or persons to engage in prostitution, so as to maintain the public
security order and good social morale, the relevant provisions of the Criminal
Law are supplemented or amended as follows:

1. Whoever organizes any other persons or persons to engage in
prostitution shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment, and shall concurrently be punished with a fine
of not more than 10,000 yuan or confiscation of property; and if the
circumstances are especially serious, the offender shall be sentenced to
death, with the concurrent punishment of confiscation of property.

Whoever assists in organizing any other person or persons to engage in
prostitution shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and shall concurrently be punished
with a fine of not more than 10,000 yuan; and if the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years with the concurrent punishment of a fine of not more than
10,000 yuan or confiscation of property.

2. Whoever forces any other person or persons to engage in prostitution
shall be sentenced to fixed-term imprisonment of not less than five years and
not more than ten years, and shall concurrently be punished with a fine of not
more than 10,000 yuan; under any of the following circumstances, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment with the concurrent punishment of a fine of not more than
10,000 yuan or confiscation of property; and if the circumstances thus
involved are especially serious, the offender shall be sentenced to death, and
shall concurrently be punished with confiscation of property:

(1) forcing a girl under the age of fourteen to engage in prostitution;

(2) forcing many persons to engage in prostitution or forcing any other
person to engage in prostitution for many times;

(3) forcing the victim to engage in prostitution after raping her;

(4) causing serious bodily injury, death or other severe consequences on
the part of the person being forced to engage in prostitution.

3. Whoever lures, shelters or procures any other person or persons to
engage in prostitution shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention, and shall concurrently be punished
with a fine of not more than 5,000 yuan; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than five
years, and shall concurrently be punished with a fine of not more than 10,000
yuan; and if the circumstances are relatively minor, the offender shall be
punished in accordance with the provisions in Article 30 of the Regulations on
Administrative Penalties for Public Security.

Whoever lures a girl under the age of fourteen to engage in prostitution
shall be punished in accordance with the provisions on forcing girls under the
age of fourteen to engage in prostitution prescribed in Article 2 of this
Decision.

4. Whoever engages in prostitution or whoring shall be punished in
accordance with the provisions in Article 30 of the Regulations on
Administrative Penalties for Public Security.

With respect to persons who engage in prostitution or whoring, the public
security organs in conjunction with departments concerned may, at a designated
place, carry out compulsive education in law and morality and force them to
participate in productive labour, in order to rid them of the pernicious
habits. The term thereof shall range from six months to two years. The
specific measures shall be formulated by the State Council.

Persons who, after being dealt with by the public security organs, engage
in prostitution or whoring again, shall be given reeducation through labour
and punished by the public security organs with a fine of not more than 5,000
yuan.

All persons who engage in prostitution or whoring shall be forced to go
through venereal disease inspection. Persons suffering from venereal diseases
shall be given compulsory medical treatment.

5. Whoever suffering from serious venereal diseases such as syphilis and
gonorrhea knowingly engages in prostitution or whoring shall be sentenced to
fixed-term imprisonment of not more than five years, criminal detention or
public surveillance, and shall concurrently be punished with a fine of not
more than 5,000 yuan.

Whoever whores with a girl under the age of fourteen shall be punished in
accordance with the provisions on the crime of rape as prescribed in the
Criminal Law.

6. Any personnel of a unit in the trade of hotel, catering or
entertainment, or in taxi service, who, by taking advantage of his or her
work unit, organizes, forces, lures, shelters or procures any other person or
persons to engage in prostitution, shall be punished in accordance with the
provisions in Article 1, or Article 2 or Article 3 of this Decision.

If any leading personnel of the units listed above commits any act
specified in the preceding paragraph, he or she shall be given a heavier
punishment.

7. Where any unit in the trade of hotel, catering or entertainment, or in
taxi service takes a laissez-faire attitude as to activities of prostitution
or whoring taking place in the unit per se and fails to take any measure to stop
them, the public security organ shall impose on the unit a fine of not less
than 10,000 yuan but not more than 100,000 yuan, and may also order the unit
to make consolidation within a definite period or to suspend husiness for
purposes of consolidation. If it fails to make rectification after
consolidation, the competent department for industry and commerce shall revoke
its business license. The person or persons directly in charge and other
persons held directly responsible shall be given administrative sanctions by
the unit or by the competent departments at higher levels, and punished by the
public security organ with a fine of not more than 1,000 yuan.

8. Where any leading personnel, staff member or worker of a unit in the
trade of hotel, catering or entertainment, or in taxi service conceals the
true situations or provides information for law-breaking offenders and
criminals when the public security organ investigates or deals with activities
of prostitution or whoring, he or she shall be punished in accordance with the
provisions in Article 162 of the Criminal Law.

9. Where any State functionary charged with the duty of investigating and
prohibiting prostitution and whoring provides information and conveniences for
law-breaking offenders and criminals for the purpose of helping them escape
from punishment, he or she shall be punished in accordance with the provisions
in Article 188 of the Criminal Law.

Whoever commits the crime mentioned in the preceding paragraph and
conspires with the criminal(s) beforehand shall be deemed as committing a
joint crime and punished as such.

10. The illegal incomes gained from organizing, forcing, luring,
sheltering or procuring any other person or persons to engage in prostitution
and from prostitution shall be confiscated.

All the incomes from fines and confiscations shall be turned over to the
State Treasury.

11. This Decision shall enter into force as of the date of promulgation.

INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA FOR ENTERPRISES WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO ABDUCT AND TRAFFIC IN OR KIDNAP WOMEN OR CHILDREN

Category	CRIMINAL LAW	Organ of Promulgation	The Standing Committee of the National People’s Congress	Status of Effect	In Force
Date of Promulgation	1991-09-04	Effective Date	1991-09-04

Decision of the Standing Committee of the National People’s Congress Regarding the Severe Punishment of Criminals Who Abduct and Traffic in or Kidnap Women or Children

(Adopted at the 21st Meeting of the Standing Committee of the Seventh

National People’s Congress on September 4, 1991, promulgated by Order No.52 of
the President of the People’s Republic of China on September 4, 1991, and
effective as of September 4, 1991)(Editor’s Note: In accordance with the
provisions of Article 452 of the Criminal Law of the People’s Republic of China revised at the Fifth Session of the Eighth National
People’s Congress on
March 14, 1997, and effective on October 1, 1997, the provisions regarding
administrative penalties and administrative measures in this Decision shall
continue to be in force and the provisions regarding criminal liability have
been incorporated into the revised Criminal Law)

With a view to severely punishing criminals who abduct and traffic in or
kidnap women or children so as to protect the personal safety of women and
children and maintain the public security order, the relevant provisions of
the Criminal Law are supplemented or amended as follows:

1. Whoever abducts and traffics in a woman or a child shall be sentenced
to fixed-term imprisonment of not less than five years and not more than ten
years, and shall concurrently be punished with a fine of not more than 10,000
yuan; if under any of the following circumstances, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, with the concurrent punishment of a fine of not more than 10,000
yuan or confiscation of property; if the circumstances are especially serious,
the offender shall be sentenced to death with the concurrent punishment of
confiscation of property:

(1) Being a ringleader of a gang engaged in the abduction of and
trafficking in women or children;

(2) Abducting and trafficking in three or more women and/or children;

(3) Raping the woman who is abducted and trafficked in;

(4) Enticing or forcing the woman who is abducted and trafficked in to
engage in prostitution, or selling such woman to any other person or persons
who will force the woman to engage in prostitution;

(5) Causing serious bodily injury or death or other severe consequences
of the woman or child who is abducted and trafficked in or of their relatives;

(6) Selling a woman or a child out of the territory of China.

Abducting and trafficking in a woman or a child mean any act of abducting,
buying, trafficking in, fetching or sending, or transferring a woman or a
child, for the purpose of selling the victim.

2. Whoever kidnaps a woman or a child by means of violence, intimidation
or anaesthesia for the purpose of selling the victim shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment, and
shall concurrently be sentenced to a fine of not more than 10,000 yuan or
confiscation of property; and if the circumstances are especially serious,
the offender shall be sentenced to death with the concurrent punishment of
confiscation of property.

Whoever steals a baby or an infant for the purpose of selling the victim
or extorting money or property shall be punished in accordance with the
provisions in the first paragraph of this Article.

Whoever kidnaps any other person or persons for the purpose of extorting
money or property shall be punished in accordance with the provisions in the
first paragraph of this Article.

3. It shall be strictly prohibited for anyone to buy a woman or a child
who is abducted and trafficked in or kidnapped. Whoever buys a woman or a
child who is abducted and trafficked in or kidnapped shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance.

Whoever buys a woman who is abducted and trafficked in or kidnapped and
has sexual relations with her against her will shall be punished in accordance
with the provisions on the crime of rape in the Criminal Law.

Whoever buys a woman or a child who is abducted and trafficked in or
kidnapped, and illegally deprives the victim of his or her personal freedom
or restricts his or her personal freedom, or commits any criminal act such as
hurting, insulting or maltreating the victim, shall be punished in accordance
with the relevant provisions in the Criminal Law.

Whoever buys a woman or a child who is abducted and trafficked in or
kidnapped, and commits any criminal act as specified in the second or third
paragraph of this Article shall be punished in accordance with the provisions
on combined punishment for several crimes in the Criminal Law.

Whoever buys a woman or a child who is abducted and trafficked in or
kidnapped and sells the victim afterwards shall be punished in accordance with
the provisions in Article 1 of this Decision.

Whoever, having bought a woman or a child who is abducted and trafficked
in or kidnapped, does not obstruct the woman from returning to her original
place of residence according to her will, or does not maltreat the child nor
obstruct his or her rescue, shall be exempted from being investigated for
criminal responsibility.

4. No individual or organization may obstruct the rescue of a woman or a
child abducted and trafficked in or kidnapped, nor may any individual or
organization extort the costs he or she or it has paid for buying such woman
or child and the living expenses thereof from the woman or child who is
abducted and trafficked in or kidnapped, or his or her family members, or his
or her rescuers. In case such costs and expenses have been extorted, they
shall be recovered.

Whoever obstructs with violence or intimidation State functionaries from
rescuing a woman or a child who has been bought shall be punished in
accordance with the provisions in Article 157 of the Criminal Law; whoever
obstructs, by providing assistance in transferring or hiding the victim or by
other means, State functionaries from rescuing a woman or a child who has been
bought, but without using violence or intimidation, shall be punished in
accordance with the provisions in the Regulations on Administrative Penalties
for Public Security.

Major culprits who gather crowds to prevent State functionaries from
rescuing a woman or a child who has been bought shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention;
other participants in the offence shall be punished in accordance with the
provisions in the second paragraph of this Article.

5. The people’s governments at various levels shall have the functions and
responsibilities to rescue a woman or a child who is abducted and trafficked
in or kidnapped. The rescue work shall be carried out by the public security
organs in conjunction with the departments concerned. Any State functionary
charged with functions and responsibilities to rescue who fails to make any
rescue effort on receiving a request for rescue by a woman or a child who is
abducted and trafficked in or kidnapped or by his or her family members or on
receiving a report thereon made by any other person and therefore results in
serious consequences, shall be punished in accordance with the provisions in
Article 187 of the Criminal Law; if the circumstances are relatively minor,
such State functionary shall be subjected to administrative sanctions.

Any State functionary charged with functions and responsibilities to
rescue who, by taking advantage of his or her office, hinders the rescue,
shall be sentenced to fixed-term imprisonment of not less than two years and
not more than seven years; if the circumstances are relatively minor, such
State functionary shall be sentenced to fixed-term imprisonment of not more
than two years or criminal detention.

6. The illegal incomes gained from abducting and trafficking in or
kidnapping a woman or a child shall be confiscated.

All the incomes from fines and confiscations shall be turned over to the
State Treasury.

7. This Decision shall enter into force as of the date of promulgation.

ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

Category	AGRICULTURE, FORESTRY AND METEOROLOGY	Organ of Promulgation	The Standing Committee of the National People’s Congress	Status of Effect	In Force
Date of Promulgation	1991-10-30	Effective Date	1992-04-01

Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine

Contents
Chapter I  General Provisions
Chapter II  Entry Quarantine
Chapter III  Exit Quarantine
Chapter IV  Transit Quarantine
Chapter V  Quarantine of Materials Carried by Passengers or by Post
Chapter VI  Quarantine of Means of Transport
Chapter VII  Legal Responsibility
Chapter VIII  Supplementary Provisions

(Adopted at the 22nd Meeting of the Standing Committee of the Seventh

National People’s Congress on October 30, 1991, promulgated by Order No. 53
of the President of the People’s Republic of China on October 30, 1991 and
effective as of April 1, 1992)
Contents

Chapter I General Provisions

Chapter II Entry Quarantine

Chapter III Exit Quarantine

Chapter IV Transit Quarantine

Chapter V Quarantine of Materials Carried by Passengers or by Post

Chapter VI Quarantine of Means of Transport

Chapter VII Legal Responsibility

Chapter VIII Supplementary Provisions
Chapter I General Provisions

Article 1 This Law is formulated for the purpose of preventing
infectious or parasitic diseases of animals, diseases, insect pests and weeds
dangerous to plants, and other harmful organisms (hereinafter referred to,
for short, as diseases, insect pests and harmful organisms) from spreading
into or out of the country, protecting the production of agriculture,
forestry, animal husbandry and fishery as well as human health, and promoting
the development of foreign economic relations and trade.

Article 2 Animals and plants, their products and other quarantine
objects, containers and packaging materials used for carrying animals and
plants, their products or other quarantine objects, as well as means of
transport from animal or plant epidemic areas shall, on entry or exit, be
subject to quarantine inspection in accordance with this Law.

Article 3 An animal and plant quarantine department shall be instituted
under the State Council (hereinafter referred to, for short, as the State
animal and plant quarantine department), which shall conduct a unified
administration of the entry and exit animal and plant quarantine in the whole
country. Port animal and plant quarantine offices set up by the State animal
and plant quarantine department at ports open to the outside world and at
places busy with entry and exit animal and plant quarantine shall, in
accordance with this Law, carry out entry and exit animal and plant
quarantine.

The department in charge of the quarantine of animal products leaving the
country for trade purposes shall be designated by the State Council as it
deems appropriate.

The department of agriculture administration under the State Council
shall be in charge of the entry and exit animal and plant quarantine in the
whole country.

Article 4 A port animal and plant quarantine office may exercise the
following functions and powers when performing quarantine inspection:

(1) Embarking on a ship, a vehicle or an airplane to perform quarantine
under this Law;

(2) Entering a seaport, an airport, a railway or coach station, a post
office or a site where quarantine objects are stored, processed, bred or
cultivated, to perform quarantine inspection and collect samples according to
relevant regulations;

(3) Entering a site relating to production or storage according to the
needs of quarantine, to carry out epidemic monitoring and investigations or
quarantine supervision and control;

(4) Consulting, making copies of or excerpts from operational diaries,
bills of lading, contracts, invoices or other documents relating to the
quarantine objects.

Article 5 The State shall prohibit the following objects from entering
the country:

(1) Pathogenic micro-organisms (including seed cultures of bacteria and
viruses) of animals and plants, insect pests and other harmful organisms;

(2) Relevant animals and plants, their products and other quarantine
objects from countries or regions with prevalent epidemic animal or plant
diseases;

(3) Animal carcasses; and

(4) Soil.

When a port animal and plant quarantine office discovers any objects
prohibited from entering the country as prescribed in the preceding
paragraph, such objects shall be returned or destroyed.

Whoever, because of special needs such as scientific research, imports
any objects prohibited from entering the country as prescribed in the first
paragraph of this Article, must submit an application in advance, which shall
be subject to the approval by the State animal and plant quarantine
department.

The catalogues of objects prohibited from entering the country as
prescribed in (2) of the first paragraph of this Article shall be worked out
and announced by the department of agriculture administration under the State
Council.

Article 6 In the event that a serious animal or plant epidemic occurs
abroad and is liable to spread into the country, the State Council shall
adopt emergent preventive measures and may, when necessary, issue orders to
prohibit means of transport from animal or plant epidemic areas from entering
the country or to blockade the relevant ports; the local people’s governments
in areas threatened by the animal or plant epidemic as well as the port
animal and plant quarantine offices concerned shall immediately take
emergency measures, and, at the same time, report to the people’s governments
at higher levels and the State animal and plant quarantine department.

The departments of posts and telecommunications and departments of
transportation shall give priority to transmitting or transporting reports
concerning serious animal or plant epidemic or materials to be sent for
quarantine inspection.

Article 7 The State animal and plant quarantine department and port
animal and plant quarantine offices shall practise a quarantine supervision
system in relation to the procedures in the production, processing and
storage of animals and plants and their products for entry or exit.

Article 8 When a port animal and plant quarantine office is carrying out
its tasks of quarantine inspection in seaports, airports, railway or coach
stations, or post offices, relevant departments such as the Customs,
departments of communications, civil aviation, or railways, and postal
services shall coordinate therewith.

Article 9 Any quarantine functionary of an animal and plant quarantine
organ must be devoted to his or her duties and enforce the law impartially.

No unit or individual may obstruct a quarantine functionary of an animal
and plant quarantine organ from carrying out his or her duties according to
law.
Chapter II Entry Quarantine

Article 10 Whoever imports animals, animal products, plant seeds,
seedlings or other propagating materials must submit an application in
advance and go through the formalities for examination and approval of
quarantine inspection.

Article 11 Whoever imports animals and plants, their products or other
quarantine objects through trade, scientific and technological cooperation,
exchanges, donations or aid shall specify in the contracts or agreements the
requirements for quarantine inspection prescribed by China’s law and the
necessity of quarantine certificates issued by the animal and plant
quarantine department under the government of the exporting country or region
being appended therewith.

Article 12 The owner or his or her agent shall apply to the port animal
and plant quarantine office at the port of entry for quarantine inspection of
the animals and plants, their products or other quarantine objects, before or
on their entry, on the strength of documents such as the quarantine
certificates issued by the exporting country or region and the trade
contracts.

Article 13 On arrival at a port of a means of transport for carrying
animals, the port animal and plant quarantine office shall for the prevention
of epidemics adopt onthespot preventive measures and conduct disinfection of
persons embarking on or disembarking from the means of transport or having
contacts with the animals, the means of transport for carrying the animals
and the contaminated fields.

Article 14 Import animals and plants, their products and other
quarantine objects shall be quarantined at the port of entry; without consent
of the port animal and plant quarantine office, the same shall not be
unloaded from the means of transport.

The import animals and plants that need to be placed in isolation for
quarantine inspection shall be quarantined in an isolation court designated
by the port animal and plant quarantine office.

By reason of limited conditions at the port of entry, the State animal
and plant quarantine department may decide to have the animals and plants,
their products or other quarantine objects transported to a designated place
for quarantine inspection. In the course of transportation, loading and
unloading, the owner or his or her agent shall take preventive measures
against epidemics. Designated places for storage, processing, isolated
feeding or planting shall conform to the provisions on animal and plant
quarantine and epidemic prevention.

Article 15 The import animals and plants, their products or other
quarantine objects that pass the quarantine inspection are allowed to enter
the country; the Customs shall, after verification, release the same on the
strength of the quarantine certificates issued, or the stamps on the customs
declaration forms affixed, by the port animal and plant quarantine office.

In respect of the import animals and plants, their products or other
quarantine objects that need to be transferred away from a customs
surveillance zone for quarantine inspection, the Customs shall, after
verification, release the same on the strength of the Quarantine Transference
Notice issued by the port animal and plant quarantine office.

Article 16 In respect of the import animals that fail in the quarantine
inspection, the port animal and plant quarantine office shall issue the
Quarantine Treatment Notice notifying the owner or his or her agent to deal
with the said animals in either of the following manners:

(1) The animals that are found suffering from Class A infectious or
parasitic diseases, shall, together with all the other in-contact animals,
be returned or slaughtered with their carcasses destroyed; or

(2) The animals that are found suffering from Class B infectious or
parasitic diseases shall be returned or slaughtered; and the other incontact
animals shall be placed in an isolation camp or any other designated place
for observation.

In respect of import animal products or other quarantine objects that
fail in the quarantine inspection, the port animal and plant quarantine
office shall issue the Quarantine Treatment Notice notifying the owner or his
or her agent to conduct such treatments as disinfection and disinfestation,
returning or destruction. The products or objects that pass the quarantine
inspection after a treatment of disinfection and disinfestation are allowed
to enter the country.

Article 17 On discovering through quarantine inspection that import
plants, plant products or other quarantine objects are contaminated with
diseases, pests or weeds dangerous to plants, the port animal and plant
quarantine office shall issue the Quarantine Treatment Notice notifying the
owner or his or her agent to conduct such treatments as disinfection and
disinfestation, returning or destruction. Those that pass the quarantine
inspection after a treatment of disinfection and disinfestation are allowed
to enter the country.

Article 18 The catalogues of the Class A and Class B infectious or
parasitic diseases of animals specified in Article 16, paragraph 1, Items 1
and 2 of this Law and the catalogues of the diseases, pests or weeds
dangerous to plants specified in Article 17 of this Law shall be worked out
and announced by the department of agriculture administration under the State
Council.

Article 19 On discovering through quarantine inspection that import
animals and plants, their products or other quarantine objects are
contaminated with diseases, insect pests or harmful organisms which are not
covered by the catalogues specified in Article 18 of this Law but are
extremely harmful to agriculture, forestry, animal husbandry and fishery, the
port animal and plant quarantine office shall, in accordance with relevant
regulations of the department of agriculture administration under the State
Council, notify the owner or his or her agent to conduct such treatments as
disinfection and disinfestation, returning or destruction. Those that pass
the quarantine inspection after a treatment of disinfection and
disinfestation are allowed to enter the country.
Chapter III Exit Quarantine

Article 20 The owner, or his or her agent, of exit animals and plants,
their products or other quarantine objects shall, before their exit, submit
an application for quarantine inspection to the port animal and plant
quarantine office.

The animals that need to be placed in isolation for quarantine inspection
before exit shall be quarantined in an isolation court designated by the port
animal and plant quarantine office.

Article 21 Export animals and plants, their products or other quarantine
objects shall be quarantined by the port animal and plant quarantine office,
and those that pass the quarantine inspection or conform to the standards
after a treatment of disinfection and disinfestation are allowed to leave the
country. The Customs shall, after verification, release the same on the
strength of the quarantine certificates issued, or the stamps on the customs
declaration forms affixed, by the port animal and plant quarantine office.
Those that fail in the quarantine inspection and are unable to be treated by
disinfection and disinfestation with effective methods shall not be allowed
to leave the country.

Article 22 Where the animals and plants, their products or other
quarantine objects that pass the quarantine inspection are involved in any of
the following circumstances, the owner or his or her agent shall re-apply for
quarantine inspection:

(1) Where the importing country or region is changed, and the changed
importing country or region has different requirements for quarantine
inspection;

(2) Where the packings are changed or the unpacked products or objects
are subsequently packed;

(3) Where the stipulated valid period of quarantine is exceeded.
Chapter IV Transit Quarantine

Article 23 Whoever requests a transit of animals through the Chinese
territory must obtain in advance and through consultation the consent of
China’s State animal and plant quarantine department and the transit must be
conducted through the designated port and route.

The means of transport, containers, feeding stuffs and bedding materials
for the animals in transit must all conform to China’s regulations on animal
and plant quarantine.

Article 24 The transit of animals and plants, their products or other
quarantine objects requires the consignor or the escort to submit at the port
of entry the bills of lading and the quarantine certificates issued by the
animal and plant quarantine department under the government of the exporting
country or region to the port animal and plant quarantine office for
quarantine inspection. No further quarantine inspection is needed at the port
of exit.

Article 25 The transit animals that pass the quarantine inspection are
allowed to pass through the country; and in case any infectious or parasitic
disease of animals specified in the catalogues as stipulated in Article 18 of
this Law is discovered, the entire flock of the animals shall not be allowed
to transit.

The transit animals’ feeding stuffs that are contaminated with diseases,
insect pests or harmful organisms shall be subjected to such treatments as
disinfection and disinfestation, denial of transit or destruction.

The carcasses, excrements, bedding materials and other wastes of the
transit animals must be disposed of in accordance with the regulations of the
animal and plant quarantine department, and may not be cast away without
authorization.

Article 26 The port animal and plant quarantine office shall examine the
means of transport and the packings, in respect of the transit plants, animal
and plant products or other quarantine objects, which are allowed to transit
through the country if they pass the quarantine inspection; in case any
disease, insect pest or harmful organism specified in the catalogues as
stipulated in Article 18 of this Law is discovered, it shall be subjected to
a treatment of disinfection and disinfestation or denial of transit.

Article 27 Animals and plants, their products or other quarantine
objects, in the course of their transit, may not be unpacked or discharged
from the means of transport without the approval of the animal and plant
quarantine organ.
Chapter V Quarantine of Materials Carried by Passengers or by Post

Article 28 Whoever intends to carry or post plant seeds, seedlings or
other propagating materials into the country must submit an application in
advance and go through the formalities for examination and approval of
quarantine inspection.

Article 29 The catalogues of the animals and plants, their products and
other quarantine objects that are not allowed to be carried or posted into
the country shall be worked out and announced by the department of
agriculture administration under the State Council.

In case any animals or plants, animal or plant products or other
quarantine objects specified in the catalogues mentioned in the preceding
paragraph are carried or posted into the country, they shall either be
returned or destroyed.

Article 30 Whoever enters the country carrying animals or plants, animal
or plant products or other quarantine objects which are not included in the
catalogues specified in Article 29 of this Law shall declare them to the
Customs at the port of entry and accept the quarantine inspection by the port
animal and plant quarantine office.

Whoever carries animals into the country must hold such papers as
quarantine certificates issued by the exporting country or region.

Article 31 The port animal and plant quarantine office shall, in respect
of the animals and plants, their products or other quarantine objects not
included in the catalogues specified in Article 29 of this Law, carry out
quarantine inspection at the International Postage Exchange Bureau, or, when
necessary, take the same back to the port animal and plant quarantine office
for quarantine inspection; and the same shall not be transported or delivered
without undergoing quarantine inspection.

Article 32 Animals or plants, animal or plant products or other
quarantine objects that enter the country by post shall be released if they
pass the quarantine inspection or conform to the standards after the
treatment of disinfection and disinfestation; those that fail in quarantine
inspection and are unable to be treated by disinfection and disinfestation
with effective methods shall be returned or destroyed, and the Quarantine
Treatment Notice shall be issued.

Article 33 The animals or plants, animal or plant products or other
quarantine objects that are carried or posted out of the country shall be
quarantined by the port animal and plant quarantine office, upon request by
the owner thereof.
Chapter VI Quarantine of Means of Transport

Article 34 Ships, airplanes or trains from the animal or plant epidemic
areas shall, upon their arrival at the port, be quarantined by the port
animal and plant quarantine office. In the event any disease, insect pest or
harmful organism specified in the catalogues mentioned in Article 18 of this
Law is discovered, the cargoes shall be subjected to such treatments as
prohibition from discharge from the means of transport,disinfection and
disinfestation, sealing up or destruction.

Article 35 Vehicles entering the country shall be disinfected for
epidemic prevention by the port animal and plant quarantine office.

Article 36 The swills and wastes of animal or plant nature on the means
of transport entering or leaving the country shall be disposed of in
accordance with the regulations of the port animal and plant quarantine
office and may not be cast away without authorization.

Article 37 The means of transport carrying export animals and plants,
their products or other quarantine objects shall conform to the regulations
on animal and plant quarantine and epidemic prevention.

Article 38 The old and disused ships entering the country for
disassembling purposes shall be quarantined by the port animal and plant
quarantine office. In the event that diseases, insect pests or harmful
organisms specified in the catalogues mentioned in Article 18 of this Law are
discovered, the said ships shall be subjected to a treatment of disinfection
and disinfestation.
Chapter VII Legal Responsibility

Article 39 Whoever, in violation of this Law, commits any of the
following acts shall be fined by the port animal and plant quarantine office:

(1) Failing to apply for quarantine inspection or failing to go through
the formalities for examination and approval of quarantine inspection in
accordance with the law;

(2) Unloading animals or plants, animal or plant products or other
quarantine objects entering the country from the means of transport or
transporting or delivering the same, without permission of the port animal
and plant quarantine office;

(3) Transferring or disposing of, without authorization, the animals or
plants subjected to quarantine inspection in an isolation court designated by
the port animal and plant quarantine office.

Article 40 Where the animals or plants, animal or plant products or
other quarantine objects declared for quarantine inspection do not conform to
the actual conditions, the applicant shall be fined by the port animal and
plant quarantine office; and the quarantine certificates already obtained
shall be revoked.

Article 41 Whoever, in violation of this Law and without authorization,
unpacks the packings of transit animals or plants, animal or plant products
or other quarantine objects, discharges transit animals or plants, animal or
plant products or other quarantine objects from the means of transport, or
casts away transit animals’ carcasses, excrements, bedding materials or other
wastes,shall be fined by the port animal and plant quarantine office.

Article 42 Whoever violates the provisions of this Law and causes
a serious animal or plant epidemic shall be investigated for criminal
responsibility by applying mutatis mutandis the provisions of Article 178 of
the Criminal Law.

Article 43 Whoever forges or alters the quarantine certificates, stamps,
marks or seals shall be investigated for criminal responsibility in
accordance with the provisions of Article 167 of the Criminal Law.

Article 44 If a party is not satisfied with the decision on punishment
made by an animal and plant quarantine organ, it may, within 15 days after
receipt of the notification of the punishment, apply for reconsideration to
the organ at the next higher level over the organ that has made the decision
on punishment; the party may also directly bring a suit in a people’s court
within 15 days after receipt of the notification of the punishment.

The reconsideration organ shall, within 60 days after receipt of the
application for reconsideration, make a reconsideration decision. If the
party is not satisfied with the reconsideration decision, it may, within 15
days after receipt of the reconsideration decision, bring a suit in a
people’s court. If the reconsideration organ fails to make a reconsideration
decision within the prescribed period, the party may bring a suit within 15
days after the expiration of the period for reconsideration.

If the party neither applies for reconsideration within the time limit,
nor brings a suit in a people’s court, nor complies with the decision on
punishment, the organ that has made the decision on punishment may apply to
a people’s court for compulsory execution.

Article 45 Where a quarantine functionary of an animal and plant
quarantine organ who abuses his or her power, practises favouritism or
embezzlement, forges a quarantine result, or neglects his or her duty or
delays the performance of quarantine inspection and the issuance of
certificates, criminal responsibility shall be investigated according to law
if the offence constitutes a crime; if the offence does not constitute a
crime, the offender shall be subjected to administrative sanctions.
Chapter VIII Supplementary Provisions

Article 46 As used in this Law, the following terms respectively mean:

(1) “Animals” mean the live animals, whether domesticated or wild, such
as livestock, poultry, beasts, snakes, tortoises, fishes, shrimps and prawns,
crabs, shellfishes, silkworms and bees;

(2) “Animal products” mean the nonprocessed products or the processed
products, from animals, still liable to spread epidemic diseases, such as raw
hides, hairs, meats, viscerae, fat and grease, aquatic animal products, dairy
products, eggs, blood, semens, embryos, bones, hoofs and horns;

(3) “Plants” mean cultivated plants, wild plants, their seeds and
seedlings and other propagating materials;

(4) “Plant products” mean the non-processed products or the processed
products, from plants, still liable to spread diseases, insect pests or
harmful organisms, such as grain, beans, cotton, oils, fibres, tobacco,
kernel, dried fruits, fresh fruits, vegetables, raw medicinal herbs, logs and
feeding stuffs;

(5) “Other quarantine objects” mean animal vaccine, blood serum,
diagnostic reagents, wastes of animal or plant nature.

Article 47 If provisions of this Law contravene those of the
international treaties concerning animal and plant quarantine which the
People’s Republic of China has concluded or to which China is a party, the
provisions of the international treaties concerned shall prevail, with the
exception of the treaty clauses on which the People’s Republic of China has
declared reservations.

Article 48 &n

INTERIM PROVISIONS CONCERING COMPENSATION FOR BODILY INJURY OF PASSENGERS IN DOMESTIC AIR TRANSPORT

Interim Provisions Concering Compensation for Bodily Injury of Passengers in Domestic air TransporT

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

Whole Document INTERIM PROVISIONS CONCERNING COMPENSATION FOR BODILY INJURY OFPASSENGERS IN DOMESTIC AIR TRANSPORT(Adopted
at the 31st Executive Meeting of the State Council onJanuary 3, 1989,

promulgated by Decree No. 28 of the State Council of thePeople’s Republic of China on February 20, 1989 and become effective as ofMay
1, 1989)

Article 1These Provisions are formulated for the purpose of defining the civilliability that domestic air carriers shall bear for the
bodily injury ofpassengers.Article 2These Provisions shall apply to the compensation for the bodily injury ofpassengers that occur
in domestic air passenger transportation.The term “domestic air passenger transportation” referred to in thepreceding paragraph
denotes any air passenger transportation in which,according to the contract of carriage, the place of departure, the agreedstops,
and the destination are all within the territory of the People’sRepublic of China.Article 3The carriers shall be liable for
compensation for death and injurysustained by passengers on board an aircraft or in the course ofembarkation or disembarkation.Article
4The carriers shall not be liable for compensation provided they can provethat death or injury of passengers is caused by force
majeure or by thepassengers’ own health conditions.Article 5The carriers’ liability to pay compensation may be reduced or
exemptedprovided they can prove that the death or injury of passengers is causedby the negligence or wilful misconducts on the
part of the passengersthemselves.Article 6The maximum amount of compensation shall be 70,000 Renminbi yuan for eachindividual
passenger, for which the carriers are liable for compensationas under these Provisions.Article 7Passengers may at their own discretion
to cover with an insurance companyan insurance against accidental bodily injury in air transportation. Thepayment of the insurance
indemnity, however, shall not exempt or reducethe amount of compensation that the carriers shall be liable for paying.Article
8Compensation paid to foreigners, overseas Chinese, compatriots from HongKong and Macao, and compatriots from Taiwan may be
converted into thecurrency of the country or region concerned and the rate of exchange shallbe decided as per the listed rate of
exchange officially published by theState Administrative department for control of foreign exchange of thePeople’s Republic
of China on the day on which the compensation is paid.Article 9In the event that a dispute with respect to the compensation for
injuryarises between the passengers or their heir and the carrier, they may filea suit with the people’s court.Article 10The Civil
Aviation Administration of China shall be responsible for theinterpretation of these Provisions.Article 11These Provisions shall
become effective as of May 1, 1989 and theRegulations Concerning Compulsory Insurance Against Accidental Injury forAir
Passengers promulgated by the Financial & Economic Commission of theAdministration Council of the People’s Republic of China on
April 24, 1951shall be nullified simultaneously.

INTERIM REGULATIONS ON ENCOURAGING FOREIGN INVESTMENT IN THE DEVELOPMENT AND MANAGEMENT OF WHOLE TRACTS OF LAND

Interim Regulations on Encouraging Foreign Investment in the Development and Management of Whole Tracts of Land

(Effective Date:1991.05.17–Ineffective Date:)

Article 1. In order to further encourage foreign investment in the development and management of whole tracts of land and to bring in technologically
advanced and export-oriented enterprises, the Regulations hereof are formulated in line with the “Interim procedures for the Administration
of Foreign Investment in the Development and Management of Whole Tracts of Land” issued by the State Council, the “Interim Regulations
Governing Leasing and Transfer of the Right to use State-Owned Land in Urban Areas,” other relevant regulations and the concrete
conditions in this province.

Article 2. Foreign investors developing and managing whole tracts of land, as stated in the Regulations, means the comprehensive development
of state-owned land as planned. This is carried out after acquisition of the right to use that land, including leveling the ground,
building the drainage and water, power and heat supply systems, and road transport. Communications and other public facilities to
lay down appropriate conditions for industrial and other construction purpose. Then land developers can proceed with the transfer
of land-use right and the operation of public utilities, or building general-purpose factory buildings, supporting facilities in
the service of production and people’s livelihood, and other buildings erected on the ground; and transferring or leasing these buildings
to others.

The projects of foreign investors developing and managing whole tracts of land must be conducted in special economic zones, coastal
open cities and their economic and technological development zones, and coastal economic open areas. For such projects within the
stipulated limits that the provincial people’s government is authorized to examine and approve, their written project proposals and
feasibility study reports shall be submitted to the government for examination and approval (but, written proposals and feasibility
study reports of projects belonging to the city of xiamen shall be submitted to the Xiamen municipal government for examination and
approval.)

Article 3. the development and management of whole tracts of land by foreign investors must be conducted in accordance with regulations enacted
by the state regarding development and management of whole tracts of land; the overall design of the area development project must
be in conformity with the regional planning and the overall urban planning and design of the places where the projects are located;
and the overall design of the area development project must meet the requirements for transportation, urban construction and environmental
protection. The use of the developed land in the development areas shall focus on production; the projects introduced into such areas
shall be in line with the state industrial policies and shall go through the stipulated procedures on submitting written proposals
to the related authorities for examination and approval.

Article 4. After legitimately obtaining the land-use right, the development enterprises shall have the right to engage in development and construction
in the development areas according to the approved overall land development programme; to lease or transfer the land-use right of
the areas that they have already invested in and developed to others in accordance with terms prescribed in the contracts; to bring
other enterprises into the development areas according to the state industrial policies; and to manage water and power supply facilities
developed by the development enterprises themselves in the development areas. The term of leasing out the land-use right usually
lasts for 50 years, but upon its expiry, the term can be extended by going through the land-use right leasing extension procedures
according to law if it is so wished by the foreign investors.

If the land-use right transferee fails to use the land two years after the transfer is completed, the government has the right to
withdraw the land-use right according to law. During the development period, if the foreign investors fail to develop and use the
whole areas of land according to the contracts, the government has the right to withdraw the land-use right of the part of the development
areas that has not yet been utilized.

Article 5. In the development areas, the land used for production shall not account for less than 80% of the total development area and the
land used for supporting facilities for people’s livelihood and services shall be controlled within 20% of the total development
area. Land used for building hospitals, schools, day-care centres and other public facilities with foreign investment or land used
for building offices for administrative branches of the government may not be included in the aforesaid percentages.

Article 6. The development enterprises and foreign-funded enterprises in the development areas shall be exempted from the levy of land-use fees
during the construction period as prescribed in the contracts; technologically advanced and export-oriented enterprises scheduled
to operate for more than 10 years shall, after their status is confirmed by the relevant authorities, be exempted from the land-use
fees for five years; and projects involving development of science and technology, education, culture, medical work and public health,
public welfare causes and capital construction which are encouraged by the state may apply for exemption or reduction of land-use
fees.

Enterprises engaged in development of whole tracts of land on waste hills, wasteland and waste beaches shall be exempted from land-use
fees for 20 years (including the construction period).

Article 7. the same standards for levying charges on provision of water, power, gas, transport and communication services for the state enterprises
shall be applied to productive enterprises in the development areas. However, the latter shall pay the fees for capacity expansion
and introduction of supporting facilities in accordance with the state regulations. The development enterprises investing in the
construction of supporting facilities of water and power supply outside the development areas shall be exempted from the fees of
capacity expansion and introduction of supporting facilities pertaining to electric voltage and water resources at the level of aforesaid
construction. The standards for levying charges on using waterpower supply and other public productive facilities constructed by
the development enterprises in the development areas may be set by the development enterprises in the development enterprises themselves
and they may also enjoy the autonomy in managing such facilities. If there is a surplus in the capacity of the facilities, it is
necessary for the development enterprises to supply the surplus to users outside the development areas or to connect these utilities
with networks there. the development enterprises shall sign contracts with the local public utilities enterprises pursuant to the
relevant regulations enacted by the state and engage in operation according to the terms prescribed in the contracts.

Article 8. In order to simplify the procedures for examining and approving the establishment of foreign-funded enterprises in the development
areas, an appraisal of the overall environmental impact in such areas shall be conducted to control the total number and to regularly
monitor the operation of enterprises in the development areas and the appraisal shall be examined and approved by the environmental
protection departments. The standards for fire-fighting, labour safety and protection, earthquake prevention and greening projects
shall be controlled at a regional level and shall be included into the same overall development programme submitted to the relevant
authorities for examination and approval. The development enterprises must see to it that the foreign-funded enterprises in the development
areas meet the foreign-funded enterprises in the development areas meet the aforesaid requirements; the relevant government departments
shall supervise the implementation of this provision according to law.

Article 9. The development areas shall enjoy the policies offered to key industrial satellite towns (except for development areas located in
special economic zones and economic and technological development zones). Upon the expiry of their period for tax exemption or reduction,
export-oriented enterprises whose status has been confirmed by related authorities may enjoy a 50% reduction in the enterprise income
tax in the year when more than 70% of their products are exported. Upon the expiry of their period for tax exemption or reduction,
enterprises using advanced technology may enjoy a 50% reduction in the enterprise income tax for an extended period of three years.

If the development areas are isolated experimental zones for importing improved agricultural varieties and fine breeds and their establishment
has been approved by the provincial government, income form experimental projects of importing improved varieties and fine breeds
in such development areas shall be exempted from industrial and commercial consolidated tax for five years and such experimental
projects shall be exempted from enterprise income tax for five years starting from the first profit-making year.

Article 10. Equipment for production and management, building materials, and vehicles for productive use imported by the development enterprises
that are also productive enterprises within their total investment; means of transport and office equipment imported by the enterprises
according to related regulations and for the use of the enterprises themselves; and reasonable amounts of goods and means of transport
imported by foreign investors and employees of the development enterprises for the use of themselves and their households shall be
exempted from custom duties and industrial and commercial consolidated tax. The above-mentioned equipment and goods imported by foreign-funded
enterprises in the development areas shall be handled in accordance with the relevant regulations issued by the customs.

Article 11. To meet the needs of the foreign-funded enterprises in the development areas for production, storage and transport, upon approval
of the customs, the development enterprises may set up bonded storehouses and the export-oriented enterprises in such areas may set
up bonded factories. The products transferred among chain enterprises in the development areas for processing and products for indirect
export may also be bonded.

Article 12. In the development areas, foreign investors shall be permitted to set up the tertiary industry to serve the production and people’s
livelihood in such areas in order to further boost the economic development and improve the investment environment there.

Article 13. The employees of foreign-funded enterprises in the development areas can be recruited from among the job-waiting people in this province.
The local labour departments shall take care of the employee-recruiting procedures and report the employment for record to the labour
departments in localities where the newly-recruited hold the residential papers.

The enterprises have the right to set their own salary standards and to recruit or dismiss their employees in accordance with laws.

Article 14. The administration of the development areas shall be executed by the agencies jointly set up by the competent authorities and local
governments.

Article 15. The present Regulations are applicable to Sino-foreign joint ventures, Sino-foreign cooperative production enterprises and solely
foreign-funded enterprises that are engaged in projects of development and management of whole tracts of land. Corporations, enterprises
and other economic institutions as well as individuals from Hongkong, Macau and Taiwan that invest and engage in the development
of whole tracts of land may do so with reference to these Regulations.

Article 16. These Regulations shall taken effect on the day they are promulgated and the authority for interpretation of these Regulations rests
with the Office of Special Economic Zones under the People’s Government of Fujian Province.

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1997

MEASURES OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OVER IMPORT AND EXPORT GOODS OF THE...

RAILWAY LAW

LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

REGULATIONS FOR THE IMPLEMENTATION OF THE COPYRIGHT LAW

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE ESTABLISHMENT OF MARITIME COURTS IN COASTAL PORT CITIES

CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL OF THE NATIONAL DEVELOPMENT ZONES FOR NEW AND HIGH TECHNOLOGY INDUSTRIES AND THE RELEVANT POLICIES AND PROVISIONS

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE STRICT PROHIBITION AGAINST PROSTITUTION AND WHORING

INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA FOR ENTERPRISES WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO ABDUCT AND TRAFFIC IN OR KIDNAP WOMEN OR CHILDREN

ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

INTERIM PROVISIONS CONCERING COMPENSATION FOR BODILY INJURY OF PASSENGERS IN DOMESTIC AIR TRANSPORT

INTERIM REGULATIONS ON ENCOURAGING FOREIGN INVESTMENT IN THE DEVELOPMENT AND MANAGEMENT OF WHOLE TRACTS OF LAND

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CONSTITUTION ACT, 1982 – page 16

CONSTITUTION ACT, 1982 – page 12

CONSTITUTION ACT, 1982 – page 11

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CONSTITUTION ACT, 1982 – page 9

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