2001

PEOPLE’S BANK OF CHINA

Law of the People’s Republic of China on the People’s Bank of China

     (Adopted at the Third Session of the Eighth National People’s Congress on March 18,1995, promulgated by Order No. 46 of the President
of the People’s Republic of China on March 18, 1995, and effective as of the date of promulgation)

Contents

Chapter¢񠇥neral Provisions

Chapter¢򠏲ganizational Structure

Chapter¢󠔨e Renminbi

Chapter¢��siness Operations

Chapter¢��nancial Supervision and Control

Chapter¢��nancial Affairs and Accounting

Chapter¢��gal Liabilities

chapter¢𠓵pplementary Provisions

Chapter¢񠇥neral Provisions

   Article 1 This Law is enacted in order to define the status and functions of the People’s Bank of China, ensure the correct formulation and
implementation of the State’s monetary policies, establish and perfect a macro-control system through a central bank and strengthen
supervision and control over the banking industry.

   Article 2 The People’s Bank of China is the central bank of the People’s Republic of China.

The People’s Bank of China shall, under the leadership of the State Council, formulate and implement monetary policies and exercise
supervision and control over the banking industry.

   Article 3 The aim of monetary policies shall be to maintain the stability of the value of the currency and thereby promote economic growth.

   Article 4 The People’s Bank of China shall perform the following functions:

(1) to formulate and implement monetary policies in accordance with law;

(2)to issue Renminbi(RMB) and control its circulation;

(3)to examine, grant approval to, supervise and administer banking institutions in accordance with regulations;

(4)to supervise and control the financial market in accordance with regulations;

(5)to promulgate orders, rules and regulations concerning financial supervision and control and business operation;

(6)to hold,administer and manage the State foreign exchange reserve and gold reserve;

(7)to manage the State Treasury;

(8)to maintain the normal operation of the systems for making payments and settling accounts;

(9)to be responsible for statistics, investigation, analysis and forecasting concerning the banking industry;

(10)to engage in relevant international banking operations in its capacity as the central bank of the State; and

(11)other functions prescribed by the State Council.

To implement monetary policies, the People’s Bank of China may carry out financial operations in accordance with the relevant provisions
of Chapter ¢�� this Law.

   Article 5 The People’s Bank of China shall report its decisions to the State Council for approval concerning the annual money supply, interest
rates, foreign exchange rates and other important matters specified by the State Council before they are implemented.

The People’s Bank of China shall immediately implement the decisions on monetary policies for matters other than those specified in
the preceding paragraph and report them to the State Council for the record.

   Article 6 The People’s Bank of China shall submit a work report to the Standing Committee of the National People’s Congress concerning matters
relating to monetary policies and financial supervision and control.

   Article 7 The People’s Bank of China shall, under the leadership of the State Council, implement monetary policies, perform its functions and
carry out its business operations independently according to law and be free from intervention by local governments, government departments
at various levels, public organizations or individuals.

   Article 8 Al capital of the People’s Bank of China is invested by the State and owned by the State.

Chapter¢򠏲ganizational Structure

   Article 9 The People’s Bank of China shall have a Governor and a certain number of Deputy Governors.

The candidate for the Governor of the People’s Bank of China shall be nominated by the Premier of the State Council and decided by
the National People’s Congress; when the National People’s Congress is not in session, the Governor shall be decided by the Standing
Committee of the National People’s Congress and appointed or removed by the President of the People’s Republic of China. The Deputy
Governors of the People’s Bank of China shall be appointed or removed by the Premier of the State Council.

   Article 10 The People’s Bank of China shall practise a system wherein the Governor shall assume overall responsibility. The Governor shall direct
the work of The People’s Bank of China, the Deputy Governors shall assist the Governor in his or her work.

   Article 11 The people’s Bank of China shall establish a monetary policy committee, whose functions, composition and working procedures shall
be prescribed by the State Council and reported to the Standing Committee of the National People’s Congress for the record.

   Article 12 The People’s Bank of China shall establish branches as its representative organs in light of the need of performing its functions
and exercise centralized and unified leadership and administration with respect to its branches.

The branches of The People’s Bank of China shall, as authorized by The People’s Bank of China, be responsible for financial supervision
and control and handling of relevant business operations in their respective districts.

   Article 13 The Governor, Deputy Governors and other staff members of The People’s Bank of China shall scrupulously abide by their duties; they
may not abuse their power or conduct malpractice for private ends and they may not assume concurrent position in any other banking
institutions, enterprises or foundations.

   Article 14 The Governor, Deputy Governors and other staff members of People’s Bank of China shall safeguard State secrets according to law and
be obligated to safeguard the secrets of the banking institutions and parties concerned under their supervision and control.

Chapter¢󠔨e Renminbi

   Article 15 The legal tender of The People’s Republic of China is the Reminbi(RMB).When the Renminbi is used to repay all public or private debts
within the territory of the People’s Republic of China, no units or individuals may refuse to accept it.

   Article 16 The unit of the Renminbi is the yuan and the units of the fractional currency of the Renminbi are the jiao and the fen.

   Article 17 The Renminbi shall be printed and issued solely by the People’s Bank of China.

When putting forth a new Renminbi issue, The People’s Bank of China shall make known to the public the issuing date, face values,
designs, patterns and specifications.

   Article 18 It is prohibited to counterfeit or alter Renminbi. It is prohibited to sell or purchase counterfeit or altered Renminbi. It is prohibited
to transport, hold or use counterfeit or altered Renminbi. It is prohibited to deliberately destroy or damage the Renminbi. It is
prohibited to illegally use the patterns of Renminbi in propaganda materials, publications or other commodities.

   Article 19 No units or individuals may print or sell promissory notes as substitutes for Renminbi to circulate on the market.

   Article 20 The damaged or soiled Renminbi shall be exchanged in accordance with the regulations of The People’s Bank of China, which shall also
be responsible to recall and destroy such Renminbi.

   Article 21 The People’s Bank of China shall establish a Renminbi issue treasury and shall establish subsidiary issue treasuries at its branches.
The subsidiary issue treasuries shall, in allocating Renminbi issue fund, act on the order of allocation from their superior treasury.
No units or individuals may use the issue fund in violation of regulations.

Chapter¢��siness Operations

   Article 22 To implement monetary policies, The People’s Bank of China may apply the following monetary policy instruments:

(1)to require a banking institution to place a deposit reserve at a prescribed ratio;

(2)to fix the base interest rates for the central bank;

(3)to handle rediscount for baking Institutions that have opened accounts in The People’s Bank of China;

(4)to provide loans for commercial banks;

(5)to deal in State bonds and other government bonds and foreign exchange on the open market; and

(6)other monetary policy instrument decided by the State Council.

When applying the monetary policy instruments listed in the preceding paragraph to implement monetary policies, The People’s Bank
of China may work out specific requirements and procedures.

   Article 23 The People’s Bank of China shall manage the State treasury in accordance with laws and administrative rules and regulations.

   Article 24 The People’s Bank of China may, on behalf of the financial department under the State Council, issue to banking institutions, and
honour State bonds and other government bonds.

   Article 25 The People’s Bank of China may open accounts for banking institution as needed, but may not allow them to overdraw.

   Article 26 The People’s Bank of China shall organize or assist in organizing a clearing system among banking institutions, coordinate the efforts
of the financial institutions in matters of clearing and provide services in this regard. The specific measures therefor shall be
formulated by The People’s Bank of China.

   Article 27 The People’s Bank of China may, as required by the implementation of monetary policies, determine the amounts, term, interest rates
and forms of loans extended to commercial banks, however, the maximum term of loans shall not exceed one year.

   Article 28 The People’s Bank of China may not make an overdraft for the government, and may not directly subscribe or underwrite State bonds
or other government bonds.

   Article 29 The People’s Bank of China may not provide loans to the local governments or government departments at various levels, to non-banking
institutions, other units or individuals, with the exception of the specific non-banking institutions as decided by the State Council.

The People’s Bank of China may not provide guaranty for any unit or individual.

Chapter¢��nancial Supervision and Control

   Article 30 The People’s Bank of China shall, in accordance with law, exercise supervision and control over banking institutions and their business
operations to maintain the legitimate, stable and sound operation of the banking industry.

   Article 31 The People’s Bank of China shall, in accordance with regulations, examine and approve the establishment, modification and termination
of banking institutions, as well as the scope of their business operations.

   Article 32 The People’s Bank of China shall have the power to examine, inspect and supervise at any time the deposits, loans, settlements, bad
accounts, etc. Of banking institutions.

The People’s Bank of China shall have the power to inspect and supervise banking institutions as to whether they raise or lower the
interest rates on deposits or loans in violation of regulations.

   Article 33 The People’s Bank of China shall have the power to demand banking institutions to submit according to regulations balance sheets
of their assets, statements of profit and loss and other financial and accounting reports and data.

   Article 34 The People’s Bank of China shall be responsible for compiling unified statistics and accounting statements from the national banking
system and shall publish them in accordance with relevant regulations of the State.

   Article 35 The People’s Bank of China shall guide and supervise the business operations of the policy-oriented banks of the State.

   Article 36 The People’s Bank of China shall establish and perfect systems for its own examination and inspection and strengthen its own supervision
and administration.

Chapter¢��nancial Affairs and Accounting

   Article 37 The People’s Bank of China shall exercise independent control over its financial budget.

The budget of The People’s Bank of China shall be incorporated in the central budget after it has been examined and verified by the
financial department under the State Council and the implementation thereof shall be subject to supervision of the financial department
under the State Council.

   Article 38 The People’s Bank of China shall, after withdrawing funds for its general reserve at a proportion determined by the financial department
under the State Council, turn over to the State treasury the entire net profit remaining from its income in an accounting year minus
its expenditures in the same period.

Losses sustained by The People’s Bank of China shall be made up by appropriations from the State treasury.

   Article 39 The financial receipts and payments and accounting affairs of The People’s Bank of China shall be governed by laws, administrative
rules and regulations and unified State financial and accounting systems and be subject to the auditing and supervision conducted,
in accordance with law, separately by the audit institution and the financial department under the State Council.

   Article 40 The People’s Bank of China shall, within three months after the end of every accounting year, compile balance sheets of its assets,
statements of profit and loss and relevant financial and accounting reports, prepare its annual report and publish them in accordance
with relevant regulations of the State.

The fiscal year of The People’s Bank of China begins on the first day of January and ends on the thirty-first day of December of the
Gregorian calendar.

Chapter¢��gal Liabilities

   Article 41 Anyone who counterfeits Renminbi or sells counterfeit Renminbi, or knowingly transports counterfeit Renminbi shall be investigated
for criminal responsibility in accordance with law.

Anyone who alters Renminbi or sells altered Renminbi or knowingly transports altered Renminbi, if the case constitutes a crime, shall
be investigated for criminal responsibility; if the case is not serious, he shall be put by a public security organ in detention
of not more than 15 days and imposed with a fine of not more than 5,000 yuan.

   Article 42 Anyone who buys counterfeit or altered Renminbi or knowingly holds or uses counterfeit or altered Renminbi, if the case constitutes
a crime, shall be investigated for criminal responsibility; if the case is not serious, he shall be put by a public security organ
in detention of not more than 15 days and imposed with a fine of not more than 5,000 yuan.

   Article 43 If anyone illegally uses the patterns of Renminbi in propaganda materials, publications or other commodities, the People’s Bank
of China shall order him to set it right and shall destroy the illegally used patterns of Renminbi, confiscate the illegal gains
and impose a fine of not more than 50,000 yuan.

   Article 44 If anyone prints or sells promissory notes as substitutes for Renminbi to circulate on the market, the People’s Bank of China shall
order him to cease his illegal act and impose a fine of not more than 200,000 yuan.

   Article 45 If anyone violates the provisions of laws or administrative rules and regulations concerning financial supervision and control,
the People’s Bank of China shall order him to cease his illegal act and impose on him administrative punishment in accordance with
law; if the case constitutes a crime, he shall be investigated for criminal responsibility.

   Article 46 If any party refuses to accept the administrative punishment, he may institute an administrative lawsuit in accordance with the
Administrative Procedure Law of the People’s Bank of China.

   Article 47 If the People’s Bank of China commits any of the following acts, the persons directly in charge and other persons directly responsible
for the offense shall be subject to administrative sanctions according to law; if the case constitutes a crime, the offenders shall
be investigated for criminal responsibility according to law:

(1)to provide a loan in violation of the provisions in the first paragraph of Article 29;

(2)to provide guaranty for a unit or individual; or

(3)to use the issue fund without authorization.

If any of the acts specified in the preceding paragraph results in losses, the persons directly in charge and other persons directly
responsible for the offense shall be partially or wholly liable for the losses.

   Article 48 If a local government or a government department at any level, a public organization or an individual forcibly demands the People’s
Bank of China or its staff member to provide a loan or a guaranty in violation of the provisions in Article 29, the persons directly
in charge and other persons who are directly responsible for the offense shall be subject to administrative sanctions in accordance
with the law; if the case constitutes a crime, the offenders shall be investigated for criminal responsibility according to law;
if losses are caused, the offenders shall be partially or wholly liable for the losses.

   Article 49 If any staff member of the People’s Bank of China divulges State secrets and if the case constitutes a crime, he shall be investigated
for criminal responsibility according to law; if the case is not serious, he shall be subject to administrative sanction according
to law.

   Article 50 If any staff member of the People’s Bank of China commits embezzlement, accepts bribes, conducts malpractices for personal ends,
abuses his power or neglects his duty and if the case constitutes a crime, he shall be investigated for criminal responsibility according
to law; if the case is not serious, he shall be subject to administrative sanction according to law.

chapter¢𠓵pplementary Provisions

   Article 51 This Law shall be effective on the date of promulgation.

    

Source:the People’s Bank of China

Editor:Jeff






REGULATIONS OF SHANGHAI MUNICIPALITY ON TECHNOLOGY MARKET

Regulations of Shanghai Municipality on Technology Market

     CHAPTER I GENERAL PROVISIONS CHAPTER II GUIDELINES FOR TECHNOLOGY TRADING CHAPTER III TECHNOLOGY TRADING SERVICE AGENCIES CHAPTER
IV MANAGEMENT OF TECHNOLOGY MARKET CHAPTER V LEGAL LIABILITY CHAPTER VI SUPPLEMENTARY PROVISIONS

   Article 1 With a view to promoting the healthy development of Shanghai municipality’s technology market and safeguarding the legal rights and
interests of the parties concerned, these Regulations are formulated according to the Law of the People’s Republic of China on Science
and Technology Progress and the Technology Contract Law of the People’s Republic of China and other related laws and administrative
statutes, and in line with this municipality’s actual circumstances.

   Article 2 These Regulations apply to citizens, legal persons and other organizations engaged in technology trading and technology trading services
in this municipality.

Technology trading includes such trading activities as technology development, technology transfer, technology consultation and technology
services.

Technology trading services include the services in technology trading places, technology trading brokerage, technology trading consultation,
technology appraisal and technology information.

   Article 3 The people’s governments at various levels of this municipality must strengthen the fostering of and the support for the technology
market and then guide the healthy development of the technology market.

   Article 4 The municipal administrative department of science and technology is the competent department of this municipality’s technology market,
responsible for the implementation of these Regulations.

The municipal, district and county administrative departments of industry and commerce, and taxation, and other relevant departments
shall exercise supervision and control over the technology market according to law.

CHAPTER II GUIDELINES FOR TECHNOLOGY TRADING

   Article 5 The principle of willingness and equality, payment and mutual benefit, honesty and credit, and unanimity through negotiations must
be followed in conducting technology trading.

   Article 6 The parties concerned in technology trading shall bear the responsibility for the legality of the technologies they own.

A party concerned is fully aware or should be aware that the other party illegally usurps the technology of other people and yet conducts
technology trading with it, that party concerned is deemed to infringe upon other people’s technology rights and interests.

   Article 7 When transferring technology, the party concerned in technology trading must arrange in the contract the responsibility of technology
risks that may arise during the performance of the technology.

   Article 8 The party concerned shall make a decision on the prices, usage fees or rewards of technology trading items based on such factors
as research and development costs, economic and social returns after application of the technology, permissible application scope
and the supply and demand situation of technology market. The party concerned may also make a decision after appraisal by the intangible
assets appraisal agency.

   Article 9 The owner of technology may fix a price for his or her technology and invest in stocks of the other party concerned in technology
trading.

   Article 10 In technology trading, a technology contract must be signed according to the provisions of the Technology Contract Law of the People’s
Republic of China and other relevant laws and regulations.

   Article 11 Technology trading, if involving State security, social and public interests, State’s major economic benefits and environmental protection,
must observe the provisions of the relevant laws and regulations.

   Article 12 The following actions are forbidden in technology trading:

1. Stealing or usurping technologies owned by other people to conduct technology trading;

2. Conducting technology trading by means of fraudulence or coercion; or

3. Other actions prohibited by laws and regulations.

CHAPTER III TECHNOLOGY TRADING SERVICE AGENCIES

   Article 13 Encouragement shall be given to the establishment of various technology trading service agencies. A permit system shall be practiced
for the establishment of various technology trading service agencies.

Different kinds of technology trading service agencies must provide places, brokerage, consultation, appraisal, information and other
services according to the provisions of relevant laws and regulations, and service standards.

   Article 14 Different kinds of technology trading service agencies must follow the principle of justice, openness, fairness, objectivess, truthfulness
and science.

   Article 15 The following requirements must be met for the establishment of technology trading service agencies:

1. Having clear business directions and a corresponding special name;

2. Having specialized personnel and managerial personnel matched to service scope and scale. There must be a certain number of middle-rank
and above specialized technicians in the full-time specialized personnel;

3. Having permanent places and necessary funds and facilities; and

4. Having organization rules and service standards.

   Article 16 For the establishment of technology trading service agencies, applications must be submitted to the municipal administrative department
of science and technology, which must make a decision on examination and approval within 30 days after receiving the application
form. In case of a decision on approval, a Permit for Technology Trading Service must be given to the applicant and in case of a
decision on disapproval, a written notification to the applicant.

If the municipal administrative department of science and technology fails to make any decision within prescribed period of time for
examination and approval, the approval is deemed to be given and a Permit for Technology Trading Service must be issued.

After obtaining the Permit for Technology Trading Service, the operational technology trading service agency must register with the
local administrative department of industry and commerce according to the State’s relevant provisions to get a license.

   Article 17 This municipality shall establish a fund for technology market to speed up the application of technology, promote the development
of technology market and lend support in various forms.

The municipal people’s government shall formulate the procedures for the establishment and management of the technology market fund.

CHAPTER IV MANAGEMENT OF TECHNOLOGY MARKET

   Article 18 The main functions of the municipal administrative department of science and technology are as follows:

1. To publicize and execute the laws and regulations governing technology market and inspect the technology market for compliance
with the relevant laws and regulations;

2. To manage the technology market fund;

3. To take charge of acknowledgment and registration of technology contracts;

4. To examine and approve the establishment of technology trading service agencies;

5. To examine and approve the holding of technology trading fairs jointly with the administrative department of industry and commerce;

6. To conduct uniform examination of the managerial personnel of the technology market operations;

7. To take charge of statistics and analyses of technology market;

8. To commend and reward units and individuals that contribute to bringing about a prosperous technology market; and

9. To deal with illegal actions in technology trading according to law.

The main functions of district and county administrative departments of science and technology are as follows:

1. To publicize and execute the laws and regulations governing technology market, and inspect the technology market in respective
district and county for compliance with the relevant laws and regulations;

2. To take charge of acknowledgment and registration of technology contracts in respective district and county;

3. To examine and verify the holding of technology trading fairs in respective district and county and report to the municipal administrative
department of science and technology for approval;

4. To take charge of statistics of technology market in respective district and county;

5. To commend and reward units and individuals that contribute to bringing about a prosperous technology market; and

6. To investigate the actions in violation of these Regulations in technology trading in respective district and county and propose
treatment suggestions.

The Shanghai municipal technology market office under the leadership of the municipal administrative department of science and technology
shall take specific responsibility for the daily management of this municipality’s technology market.

   Article 19 Citizens, legal persons and other organizations must enhance the self-protection of technologies owned by themselves.

   Article 20 A system of technology contract acknowledgment and registration shall be practiced in this municipality. The parties concerned in
technology trading shall apply to the technology contract acknowledging and registering agency for acknowledgment and registration
by presentation of the signed technology contracts. After acknowledgment and registration, the technology contract acknowledging
and registering agency shall issue an acknowledgment and registration certificate.

After acknowledgment and registration of technology contracts, the parties concerned shall enjoy the related preferential policies
of the State and this Municipality. To the contracts without acknowledgment and registration, or with refusal to acknowledgment,
the related preferential policies of the State and this Municipality shall not be enjoyed by the parties concerned.

   Article 21 Legal persons and other organizations may draw a certain proportion from the returns of technology trading as rewards given to the
persons directly involved in the completion of the technology items.

   Article 22 When a dispute arises in technology trading, one party or both parties concerned may apply to the State-designated arbitration agency
for arbitration according to the arbitration articles in the technology contract, or to the written arbitration agreement reached
afterwards. If no arbitration article is concluded in the technology contract, nor is any written arbitration agreement reached afterwards,
the parties concerned may file a lawsuit in the people’s court.

If one party fails to perform the arbitration adjudication within the time limit set by the arbitration adjudication, the other party
concerned may apply to the people’s court with jurisdiction for enforcement.

   Article 23 Those who forge or defraud the acknowledgment and registration certificate of technology contract shall be punished by the municipal
administrative department of science and technology with fines between RMB 500 yuan and 2,000 yuan. The privileges as the taxes illegally
enjoyed must be recalled by the related departments.

   Article 24 In technology trading, violations of the provisions under Article 11 of these Regulations must be handled by the relevant departments
according to law. If the violations constitute a crime, the violator shall be investigated for criminal responsibility according
to law.

   Article 25 If any technology trading service agency has fraudulent and coercive behavior in operational activities, the municipal administrative
department of science and technology and administrative department of industry and commerce shall, according to their respective
functions and to the seriousness of the case, confiscate the agency’s illicit gains, order it to make correction or to suspend business,
to withhold temporarily or rescind its Permit for Technology Trading Service and impose fines of 1 to 3 times its illicit gains.

If any person is engaged in technology trading service activities without a Permit for Technology Trading Service or with a forged
or cheated Permit, he/she shall be ordered by the municipal administrative department of science and technology to stop illegal activities,
and his/her forged or cheated Permits for Technology Trading Service shall be confiscated. The administrative department of industry
and commerce shall confiscate his/her illicit gains and impose fines between RMB 500 yuan and 5,000 yuan.

   Article 26 The managerial personnel of technology market who neglect their duties, make embezzlement, accept bribery and engage in malpractice
for personal gains shall be given administrative punishments by their work unit according to the seriousness of the case. If the
irregularities constitute a crime, the offender shall be investigated for criminal responsibility according to law.

   Article 27 The party concerned, who disagrees with the specific administrative act of administrative departments of science and technology or
other administrative departments, may apply for review or file a lawsuit according to the provisions of the Regulations on Administrative
Review and the Administrative Litigation Law of the People’s Republic of China.

If the party concerned neither applies for review nor files a lawsuit nor performs the decision on administrative punishments within
the time limit, the administrative department that makes the decision on administrative punishments may apply to the people’s court
for enforcement.

CHAPTER VI SUPPLEMENTARY PROVISIONS

   Article 28 The specific procedures for the establishment of various technology trading service agencies and management procedures for individuals
being engaged in technology trading service shall be formulated by the municipal people’s government.

   Article 29 The specific application of these Regulations shall be interpreted by the municipal administrative department of science and technology.

   Article 30 These Regulation shall become effective on July,1,1995.

    






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE SUPPRESSION OF THE FALSIFICATION,COUNTERFEITING, AND ILLEGAL SALE OF VALUE-ADDED TAX INVOICES

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1995-10-30 Effective Date  1995-10-30  


Decision of the Standing Committee of the National People’s Congress Regarding the Suppression of the Falsification,Counterfeiting,
and Illegal Sale of Value-added Tax Invoices



(Adopted at the 16th Meeting of the Standing Committee of the

Eighth National People’s Congress on October 30, 1995, and promulgated
by Order No.57 of the President of the People’s Republic of China on
October 30, 1995)(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)

    To suppress the crimes of falsification, counterfeiting, and
illegal sale of value-added tax invoices and other invoices for
the purpose of tax evasion or fraud, and to ensure state tax
collection, it is hereby decided that:

    1. Anyone who has falsified value-added tax invoices shall
be sentenced to imprisonment for up to three years or criminal
detention and be furthermore subject to a fine from 20,000 to
200,000 yuan. If the amount involved in the falsification of the
invoices is relatively large or accompanies other serious
offences, the offender shall be sentenced to imprisonment for
three to ten years and be furthermore subject to a fine from 50,000
to 500,000 yuan. If the amount involved in the falsification of the
invoices is exceptionally large or accompanies other especially
serious offences, the offender shall be subject to imprisonment
from ten years to life and his property shall be confiscated.

    If the amount involved in the tax evasion is exceptionally
huge, other offences committed are extraordinarily serious, and
the state has therefore suffered especially great losses, the
offender shall be subject to life imprisonment or death and
his property shall be confiscated.

    The chief of a criminal group engaged in falsifying value-
added tax invoices shall be heavily punished according to the
respective provisions in the two preceding paragraphs.

    “Falsification of a value-added tax invoice” refers to any
action involving falsely filling out a value-added tax invoice
for oneself or for any other person, allowing any other person
to falsely fill out a value-added tax invoice, or introducing
any other person to the action of falsely filling out a value-
added tax invoice.

    2. Anyone who has counterfeited or sold counterfeited value-
added tax invoices shall be sentenced to imprisonment for up to
three years or criminal detention and be furthermore subject to
a fine from 20,000 to 200,000 yuan. If the amount involved is
relatively large or accompanies other serious offences, the
offender shall be sentenced to imprisonment for three to ten years
and be furthermore subject to a fine from 50,000 to 500,000 yuan.
If the amount involved is exceptionally large or accompanies other
especially serious offences, the offender shall be subject to
imprisonment from ten years to life and his property shall be
confiscated.

    If the amount involved in the counterfeiting or sale of
value-added tax invoices is exceptionally huge or accompanies
other extraordinarily serious offences, resulting in a serious
disruption of the economic order, the offender shall be subject
to life imprisonment or death and his property shall be
confiscated.

    The chief of a criminal group engaged in the counterfeiting
or sale of value-added tax invoices shall be heavily punished
according to respective provisions in the two preceding paragraphs.

    3. Anyone who has illegally sold value-added tax invoices
shall be subject to imprisonment for up to three years or
criminal detention and be furthermore subject to a fine from
20,000 to 200,000 yuan. If the amount involved is relatively
large, the offender shall be sentenced to imprisonment for
three to ten years and be furthermore subject to a fine from
50,000 to 500,000 yuan. If the amount involved is exceptionally
large, the offender shall be subject to imprisonment from 10
years to life and his property shall be confiscated.

    4. Anyone who has illegally purchased authentic or
counterfeit value-added tax invoices shall be sentenced to
imprisonment for up to five years or criminal detention, and/or
be subject to a fine from 20,000 to 200,000 yuan.

    Anyone who, in addition to purchasing authentic or
counterfeit value-added tax invoices, also falsely fills out or
sells such invoices, shall be punished in accordance with the
respective provisions in Article 1, Article 2 or Article 3 of
this Decision.

    5. Anyone who has falsely filled out other kinds of invoices
for the purpose of obtaining fraudulent tax refunds on exported
items or tax deductions shall be punished in accordance with the
provisions in Article 1 of this Decision.

    “Falsely filling out other kinds of invoices for the purpose
of obtaining fraudulent tax refunds on exported items or tax
deductions” refers to any action involving falsely filling out other
kinds of invoices for oneself or for any other person, allowing any
other person to falsely fill out other kinds of invoices, or
introducing any other person to the action of falsely filling out
other kinds of invoices with the intention of obtaining fraudelent
tax refunds on exported items or tax deductions.

    6. Anyone who, for the purpose of obtaining fraudulent tax
refunds on exported items or tax deductions, counterfeits or
makes without authorization other kinds of invoices, or sells
invoices such counterfeited or made without authorization shall be
sentenced to imprisonment for up to three years or criminal detention
and be furthermore subject to a fine from 20,000 to 200,000 yuan. If
the amount involved is exceptionally large, the offender shall be
sentenced to imprisonment for three to seven years and be furthermore
subject to a fine from 50,000 to 500,000 yuan. If the amount involved
is exceptionally huge, the offender shall be subject to imprisonment
for more than seven years and his property shall be confiscated.

    Anyone who counterfeits or makes without authorization invoices of
a type other than that covered in the preceding paragraph, or who
sells invoices such counterfeited or made without authorization shall
be punished by applying mutatis mutandis the provisions in Article 124
of the Criminal Law.

    Anyone who illegally sells any other kind of invoice that can
be used for the purpose of obtaining fraudulent tax refunds on
exported items or tax deductions shall be punished according to
the provisions in Paragraph 1 of this article.

    Anyone who illegally sells any other kind of invoice other
than that covered in the preceding paragraph shall be punished by
applying mutatis mutandis the provisions in Article 124 of the
Criminal Law.

    7. Anyone who steals a value-added tax invoice or any other kind
of invoice shall be punished according to the relevant provisions
of the Criminal Law regarding larceny.

    Anyone who obtains a value-added tax invoice or any other kind of
invoice through deceptive means shall be punished according to the
relevant provisions of the Criminal Law regarding fraud.

    8. Any staff member of the tax administration or other state
administration who falls into any one of the following categories
shall be heavily punished in accordance with the relevant provisions
in this Decision:

    (1) Colluding with criminals in commission of crimes covered in
this Decision;

    (2) Granting a tax refund or deduction with full knowledge
that the invoice in question was falsely filled out; or

    (3) Providing any other assistance to the criminal with full
knowledge that the criminal is engaged in criminal activity covered
in this Decision.

    9. Any staff member of the tax administration who, in violation
of laws and administrative regulations, is negligent of his duties
in selling invoices, or in granting tax refunds on exported items or
tax deduction, and thereby seriously harms the interests of the state
shall be subject to imprisonment for up to five years or criminal
detention, or, if the state incurrs extraordinarily great losses, be
subject to imprisonment for more than five years.

    10. Any unit which commits crimes covered in Article 1, Article 2,
Article 3, Article 4, Article 5, Article 6, or Paragraph 2 of
Article 7 shall be punished by fining. The person in charge and other
persons directly responsible for the criminal activity shall be
investigated for criminal responsibility in accordance with the
respective provisions of these articles.

    11. Anyone who commits a light offense as stipulated in
Article 2, Article 3, Paragraph 1 of Article 4, or Article 5
which does not constitute a crime shall be brought under
administrative detention by the public security organ for up to
15 days and be subject to an administrative fine of up to 5000
yuan.

    12. Tax payments recovered from criminals who have obtained
illegal tax deductions or rebates in violation of this Decision
shall be turned over to the State Treasury; other gains illegally
obtained or properties used in the commission of crimes shall all
be confiscated.

    The invoices and counterfeit invoice used by criminals in
violation of this Decision shall all be confiscated.

    13. This Decision shall come into effect as of the date of
promulgation.






INTERIM PROVISIONS ON REGISTRATION ADMINISTRATION OF REGISTERED CAPITAL OF COMPANIES

20040701

The State Administration for Industry and Commerce

Interim Provisions on Registration Administration of Registered Capital of Companies

Decree [1995] No.44 of the State Administration for Industry and Commerce

December 18, 1995

Article 1

These Provisions are formulated for the purpose of strengthening registration administration of the registered capital of the company,
standardizing acts of company registration and in accordance with the Company Law of the People’s Republic of China(hereinafter referred
to as the Company Law)and the stipulations of other relevant laws and administrative regulations.

Article 2

The company registration authority shall administer registration of the registered capital of the company in accordance with law.

The company registration authority shall examine the registered capital of the company in accordance with law, administrative regulations,
rules of the State and the articles of association of the company, approve those conforming to law, administrative regulations, rules
and disapprove those failing to conform to law, administrative regulations, rules.

Article 3

The amount of the registered capital of the company, the method of capital contribution by shareholders or sponsors shall conform
to the stipulations of law, administrative regulations.

Article 4

The capital verification certificate submitted by a company in incorporation registration of the company or changing the registered
capital must be issued by a certified public accountant firm or an auditor firm registered with the organ for administration for
industry and commerce. The capital verification certificate issued by a certified public accountant firm or an auditor firm shall
conform to the Company Law and the stipulations of other relevant laws, administrative regulations and rules.

Article 5

The capital verification certificate is composed of a capital verification report and appendices. The capital verification report
shall clearly express the contents verified in a word report form. The capital verification report must be signed or sealed by certified
public accountants, and sealed by a certified public accountant firm or an auditor firm and shall be valid.

Article 6

Where undertaking incorporation registration or changing the registered capital of the company, an application shall be proposed to
the company registration authority within 90 days from the date of issuing the capital verification certificate by a capital verification
institution.

Article 7

Where capital contribution in the registered capital is made in currency, shareholders shall deposit in full the amount of capital
contribution subscribed for by them into the “special account” in the bank where the newly incorporated company is located. Before
establishment of the company, any unit or individual may not use the fund in the “special account”.

Opening, cancellation of the “special account” and transference of the fund in the “special account” shall be governed by the relevant
stipulations of the People’s Bank of China.

Article 8

Where capital contribution in the registered capital is made in material objects, the method and time limit for transferring material
objects and other items shall be specified in the articles of association of the company.

Where for those of the material objects the procedures for registration of the change in ownership of the objects must be undertaken,
the company shall undertake the procedures for registration of the change in ownership of the objects within half a year after the
establishment of the said company, and report it to the company registration authority for the record.

Article 9

Where capital contribution in the registered capital is made in industrial property rights, the transferring registration of industrial
property rights shall be specified in the articles of association of the company.

Where capital contribution is made in patent and patentees are units of ownership by the whole people, the transfer of patent rights
must be approved by the competent department at the higher level; where capital contribution made in a registered trademark must
be verified by the competent trademark department, after the competent trademark department makes an examination and consents in
accordance with the relevant provisions, the capital contribution may be made.

The company shall undertake the procedures for registration of the change in ownership of the industrial property rights within half
a year after the establishment of the said company in accordance with law, and report it to the company registration authority for
the record.

Article 10

Where capital contribution in the registered capital is made in non-patented technology, the transfer of non-patented technology shall
be specified in the articles of association of the company.

Within one month after the establishment of the said company, the owner of non-patented technology shall conclude a technology transfer
contract with the transferee(the company), and report it to the company registration authority for the record.

Article 11

Where capital contribution in the registered capital is made in industrial property rights and non-patented technology and valued,
the proportion of its amount to the registered capital shall conform to the relevant provisions of the State.

Where the industrial property rights and non-patented technology belong to high and new technological achievements as provided for
by the State, they shall be appraised or determined by the science and technology department of the State or the province(ministry
or commission).

Article 12

Where capital contribution in the registered capital is made in land use rights, the transfer of land use rights shall be specified
in the articles of association of the company.

The capital contribution is made in allocated right to the use of the land, the user may use them as capital contribution only after
an application for undertaking transfer of land use rights at the land department of the people’s government of the county or city;
the land owned by collectives within the urban planning areas shall be capital contribution after first being requisitioned as the
land owned by the State; the land owned by collectives in the countryside and urban suburbs (excluding those owned by the State as
provided for by the law) may be capital contribution after be registered with and recorded by the people’s government at the county
level, which shall, upon verification, issue certificates to confirm the ownership of such land.

The company shall undertake the procedures for registration of the land change within half a year after the establishment of the said
company in accordance with law, administrative regulations, and report it to the company registration authority for the record.

Article 13

The capital contributions which must be appraised and valued as provided for by the Company Law must be appraised and valued by appraisal
institutions registered with the organ for administration for industry and commerce. Where appraisal results of the State-owned assets
must be confirmed according to law by the relevant competent administrative departments, the confirmation shall be made by the departments
specified by law, administrative regulations or rules; appraisal results of the non- State-owned assets or appraisal results of the
State-owned assets not being confirmed according to law, shall be confirmed by shareholders or sponsors, and verified by capital
verification institutions.

Article 14

A capital verification report for establishing a limited liability company shall specify the following particulars:

(1)

the name of the company;

(2)

the post_titles or names of the shareholders;

(3)

the amount and method of capital contributions by shareholders;

(4)

the depositary bank and the account No. of the special account;

(5)

the capital contributions having made by shareholders;

(6)

the appraisal results of material objects, industrial property rights, non-patented technology and land use rights as capital contributions
and the ration of industrial property rights and non-patented technology in the registered capital;

(7)

other items.

Article 15

A capital verification report for establishing a joint stock limited company shall, in addition to the particulars specified in Article
14 , specify the means of incorporation. Where incorporation by means of share offer, the shares subscribed for by the sponsors and
the said share covering the percentage in the total shares shall be specified.

Article 16

A capital verification report shall attach the following documents:

(1)

the duplicate copies of the Enterprise Legal Person Business Licences of the capital verification institutions and assets appraisal
institutions;

(2)

the registered capital input by the enterprise issued by the bank;

(3)

where making capital contributions in material objects, a detailed inventory of material objects transfer attached;

(4)

where making capital contributions in patent, the patent certificate and a duplicate of the Patent Register attached;

(5)

where making capital contributions in a registered trademark, the duplicate of the Trademark Registration Certificate attached;

(6)

where making capital contributions in land use rights, the certificate for the land use rights attached;

(7)

where making capital contributions in non-currency, the assets appraisal report and the confirmation letter for the appraisal result
or the confirmation certificate by shareholders or sponsors attached.

Article 17

A company intending to change its registered capital shall submit to the company registration authority the following documents:

(1)

the application for a change in the registered capital signed by the legal representative of the company;

(2)

the resolution of the shareholders’ meeting;

(3)

Where reducing the registered capital, the announcement for reducing the registered capital and the report for paying off the company’s
debt or debt guaranty certificate shall be submitted;

(4)

where changing the registered capital due to the merger or division of the company, the merger agreement, the division agreement or
decision, and the merger or division announcement and the certificate for paying off debt or debt guaranty shall be submitted, and
a balance sheet and a detailed inventory of assets shall be attached;

(5)

where a joint stock limited company changes its registered capital due to the merger or division, the approval documents of the department
authorized by the State Council or the people’s government at the province level shall be submitted;

(6)

where a joint stock limited company increases its registered capital due to the issuing new shares, the approval documents of the
department authorized by the State Council or the people’s government at the province level shall be submitted; where offering shares
to the general public for the subscription, the document of the securities administration of the State Council shall be submitted;

(7)

other documents as provided for by the law and administrative regulations.

Article 18

Where a company increases its registered capital and makes capital contribution in non-currency, shareholders shall, after undertaking
assets transfer procedures according to law, apply to the company registration authority for the change registration of the registered
capital.

Article 19

Where a company changes its registered capital, the part increased in the registered capital or the reduced registered capital shall
be verified by a certified public accountant firm or an auditor firm which shall issue a capital verification report.

Article 20

A capital verification report on the change in the registered capital shall specify the following particulars:

(1)

the name of the company;

(2)

the post_titles or the names of shareholders;

(3)

the amount and method of the capital contributions by shareholders;

(4)

the amount of the original registered capital;

(5)

the amount of the registered capital after applying for a change;

(6)

the capital contributions of the newly increased registered capital;

(7)

the depositary bank and the account No.;

(8)

where reducing the registered capital, the company’s debt paying off shall be specified.

Article 21

After incorporation of a limited liability company, the actual value amount of the material objects, industrial property rights, non-patented
technology, land use rights as capital contribution is apparently lower than that set in the articles of association of the company,
the difference shall be paid by the shareholders who made such capital contributions. The material objects, industrial property rights,
non-patented technology, land use rights of the original capital contribution shall be re-appraised and re-valued. The registered
capital shall be re-verified and a new capital verification report shall be issued.

Where the property transfer procedures are not undertaken because transfer registration procedures for industrial property rights
are not in conformity with the provisions of laws and regulations, the shareholders or sponsors shall make up the amount in other
contribution forms. The amount made up shall be re-verified and a new capital verification certificate shall be issued.

Article 22

The company registration authority, if finding the company’s registered Capital is untrue, may require the company to verify its capital
at the designated capital verification institution, and submit a new capital verification certificate at the specified time limit.

Article 23

The shareholders or sponsors make contributions in non-currency and fail to submit reports for the record to the company registration
authority in accordance with the provisions of Articles 8, 9 10 and 12 of these Provisions, or the particulars for the record are
not conformity with the stipulations of the articles of associations of the company shall be deemed as false capital contributions.

Article 24

Where shareholders or sponsors fail to make contributions in accordance with the stipulations of the articles of associations of the
company, or make contributions in non-currency and fail to transfer the property rights, capital verification institutions or assets
appraisal institutions issue false certification documents, the company registration authority shall impose punishments in accordance
with the provisions of laws and regulations of the State.

Article 25

These Provisions shall be applicable to the registration administration of the registered capital of the enterprise with foreign investment,
with the exception of those provided for otherwise by laws and administrative regulations.

Article 26

The registration administration of registered capital of non- enterprises owned by the whole people established in accordance with
the Regulations of the People’s Republic of China on Administration of the Registration of Enterprises As Legal Persons shall be
governed by these Provisions by reference.

Article 27

These Provisions shall enter into force as of March 1, 1996.



 
The State Administration for Industry and Commerce
1995-12-18

 







ARBITRATION FEE COLLECTION MEASURES OF ARBITRATION COMMISSIONS

Category  ARBITRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1995-07-28 Effective Date  1995-09-01  


Arbitration Fee Collection Measures of Arbitration Commissions



(Promulgated by the State Council on July 28,1995)

    Article 1  These Measures are formulated for the purpose of
regulating the collection of arbitration fees by the
arbitration commissions.

    Article 2  When a party applies for arbitration, he shall pay
arbitration fees to the arbitration commission in accordance with
the provisions of these Measures. Arbitration fees shall include
fees for accepting a case and for processing a case.

    Article 3  The fees for accepting a case shall be used to
pay the arbitrators and maintain the necessary expenditures for
normal operation of the arbitration commission.

    Article 4  The applicant shall, within 15 days of receiving
the acceptance notification from the arbitration commission, pay
in advance the fees for accepting the case in accordance with the
provisions of the Table of Fees for Accepting Arbitration Cases.
The respondent shall, while in the process of raising a
counter-claim, pay in advance the fees for accepting the case in
accordance with the provisions of the Table of Fees for Accepting
Arbitration Cases.

    A detailed fee standard for accepting cases shall be
determined by the arbitration commission within the extent
described in the Table of Fees for Accepting Arbitration Cases,
and reported to the price administration department of the
people’s governments of the province, autonomous region or
municipality directly under the central government where the
arbitration commission is located for examination and approval.

    Article 5  The dispute amount mentioned in the Table of Fees
for Accepting Arbitration Cases shall be the amount applied for by
the applicant; if the amount applied for is inconsistent with the
factual dispute amount, the factual dispute amount shall be used.

    If the dispute amount has not yet been determined when an
arbitration is requested, the arbitration commission shall, on
the basis of the specific rights and interests involved in the
dispute, determine the fee to be paid in advance for accepting
the case.

    Article 6  If a party has difficulties in paying the fee for
accepting the case, the party may apply for delay of payment,
which may be granted with the approval of the arbitration
commission.

    If a party neither pays the fee for accepting the case
within the period set forth in Paragraph 1 of Article 4,
nor applies for a delay of payment, it shall be deemed that the
application for arbitration is withdrawn.

    Article 7  The fees for processing the case shall include:

    (1) the living, transportation, and other reasonable expenses
required for the arbitrators’ business trip or hearing for
processing of the arbitration case;

    (2) the living and transportation expenses and compensation
for witnesses, identifiers, translators, and other persons whose
presence is necessary in the hearing;

    (3) fees for consultation, appraisal, examination, and
translation;

    (4) expenses for duplication or service of the materials or
documents involved in the case; and

    (5) other reasonable expenses that should be borne by the
parties.

    The fees for processing the case described in Items (2) and
(3) of this Article shall be paid in advance by the party who
raises the application.

    Article 8  The fee standards for processing cases shall be
carried out according to the relevant state provisions; in the
absence of state provisions, fees shall be charged according to
actual reasonable expenditures.

    Article 9  The arbitration expenses shall, in principle, be
borne by the losing party; if a party partially wins and
partially loses the case, the arbitration tribunal shall
determine the proportion of arbitration fees to be borne by each
party according to the degree of liability of each party. If the
parties become reconciled or the case is settled through
conciliation by the arbitration tribunal, the parties may make
an agreement of the proportion of the arbitration expenses to be
borne by each party.

    The arbitration tribunal shall state clearly in the
conciliation statement or award the final amount of
arbitration expenses to be paid by each party.

    Article 10  No fees shall be charged by the arbitration
commission when the arbitration tribunal agrees to conduct
rearbitration under Article 61 of the Arbitration Law.

    No fees shall be charged by the arbitration tribunal for any
legal correction of literal or computational errors, or of
addition of items that were adjudicated but failed to be included
in the award.

    Article 11  If an applicant has been notified in writing to
appear in the hearings but fails to do so without justified
reason, or if the applicant exits the hearings midway without
permission of the arbitration tribunal, it shall be deemed that
the application for arbitration has been withdrawn, and the fees
either for accepting the case or for processing the case shall
not be returned.

    Article 12  If the applicant withdraws the application or the
parties reach a reconciliation on their own initiative after the
arbitration commission accepts an application but before the
formation of the arbitration tribunal, the fees for accepting the
case shall be returned upon withdrawl of the arbitration
application.

    If the applicant withdraws the arbitration application or the
parties reach a reconciliation on their own initiative following
the formation of the arbitration tribunal, a portion of the fees
for accepting the case shall be returned on the basis of the
factual situation upon withdrawal of the arbitration application.

    Article 13  The provisions of Articles 5 and 12 are
applicable to cases where the respondent raises a counter-claim.

    Article 14  When the arbitration commission collects the fee
for accepting a case, it shall use the standardized fee receipt
documents printed by the financial department of the people’s
government of province, autonomous region or municipality
directly under the central government where the arbitration
commission is located. The arbitration commission shall establish
and perfect a financial accounting system according to relevant
state provisions in order to strengthen financial management
and income/expenditure management and be subject to the
supervision of financial, audit, taxation, and price
departments.

    Article 15  These Measures shall become effective on
September 1, 1995.

    Appendix: The Table of Fees for Accepting Arbitration Cases



Dispute Amount (RMB)                        
Acceptance Fee (RMB)

                                            

1000 yuan or less                            40–100
yuan
from 1001 to 50000 yuan                      4%–5%
from 50001 to 100000 yuan                    3%–4%
from 100001 to 200000 yuan                  
2%–3%
from 200001 to 500000 yuan                  
1%–2%
from 500001 to 1000000 yuan                  0.5%–1%
1000001 yuan or more                        
0.25%–0.5%








MATERNAL AND INFANT HEALTH CARE LAW

Law of the People’s Republic of China on Maternal and Infant Health Care

(Adopted at the Tenth Meeting of the Standing Committee of the Eighth National People’s Congress on October 27, 1994
and promulgated by Order No.33 of the President of the People’s Republic of China on October 27, 1994) 

Contents  

Chapter I    General Provisions 

Chapter II   Pre-marital Health Care 

Chapter III  Health Care During the Pregnant and Perinatal Period 

Chapter IV   Technical Appraisement 

Chapter V    Administrative Management 

Chapter VI   Legal Liability 

Chapter VII  Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  This Law is formulated in accordance with the Constitution  with a view to ensuring the health of mothers and
infants and improving the quality of the newborn population. 

Article 2  The State shall develop the maternal and infant health care undertakings and provide necessary conditions and material
aids so as to ensure that mothers  and infants receive medical and health care services. 

The State shall support and assist the maternal and infant health care undertakings in outlying and poverty-stricken areas. 

Article 3  People’s governments at various levels shall exercise leadership in the work of maternal and infant health care. 

The undertakings of maternal and infant health care shall be included in the plans for national economic and social development. 

Article 4  The  administrative department of public health  under the State Council shall be in charge of the work
of maternal and infant health care throughout the country, put forth the guiding principles for the work in different areas and at
different administrative levels in light of their specific conditions, and exercise supervision  and management of the nationwide
work of maternal and infant health care. 

Other relevant departments under the State Council shall, within the scope of their respective functions and duties, cooperate with
the administrative department of public health to make a success of the work of maternal and infant health care. 

Article 5  The State shall encourage and support education and scientific research in the field of maternal and infant health
care, popularize the advanced and practical technique for maternal and infant health care and disseminate the scientific knowledge
in this field. 

Article 6  Awards shall be granted to organizations and individuals that have made remarkable achievements in the work of maternal
and infant health care or achieved significant results in scientific research of maternal and infant health care. 

Chapter II 

Pre-marital Health Care 

Article 7  Medical and health institutions shall provide citizens with pre-marital health-care services. 

Pre-marital health-care services shall include the following:  

(1) pre-marital health instruction: education in sex, human reproduction and genetic diseases; 

(2) pre-marital health consultation: medical advice on matters relating to marriage and child-bearing, etc.; and 

(3) pre-marital medical examination: medical examination conducted for both the male and female planning to be married to see whether
they suffer from any disease that may have an adverse effect on marriage and child-bearing. 

Article 8  Pre-marital medical examination shall include the examination of the following diseases: 

(1) genetic diseases of a serious nature; 

(2) target infectious diseases; and 

(3) relevant mental diseases. 

After pre-marital medical examination, the medical and health institution shall issue a certificate of pre-marital medical examination. 

Article 9  Physicians shall, after  pre-marital medical examination, give medical advice to those who are in the infective
period of any target infectious disease or who are in the morbid period of any relevant mental disease; both the male and female
planning to be married shall postpone their marriage for the time being. 

Article 10   After  pre-marital medical examination, physicians shall, in respect of the male or female  who
has been diagnosed with certain genetic disease of a serious nature which is considered to be inappropriate for child-bearing from
a medical point of view,  explain the situations and give medical advice to both the male and the female; those who, with the
consent of both the male and the female, after taking long-term contraceptive measures or performance of ligation operations, are
unable to bear children may get married. However, the circumstances under which marriage may not be contracted under the Marriage
Law of the People’s Republic of China shall be excepted. 

Article 11  Those who have received  pre-marital medical examination hold dissenting views on the results of the medical
examination may apply for a medical technical appraisement and obtain a certificate of medical appraisement. 

Article 12   Both the male and the female shall, in making marriage registration, hold their certificates of pre-marital
medical examination or certificates of medical technical appraisement. 

Article 13  The people’s governments of provinces, autonomous regions or municipalities directly under the Central Government
shall, on the basis of the actual conditions of their respective areas, formulate  measures for implementing the pre-marital
medical examination system. 

The people’s governments of provinces, autonomous regions or municipalities directly under the Central Government shall fix reasonable
rates of charges for  pre-marital medical examination. Such charges may be reduced or exempted for  people who live in
outlying and poverty-stricken areas or people who have true difficulties to pay. 

Chapter III 

Health Care During the Pregnant and Perinatal Period 

Article 14  Medical and health institutions shall provide health-care services to women in their child-bearing age or women
during the pregnant and perinatal period. 

Health-care services during the pregnant and perinatal period shall include the following: 

(1) instruction on maternal and infant health care: medical advice on breeding healthy offspring  and on the pathogenic factors,
treatment and prevention of serious genetic diseases and endemic diseases such as the iodine deficiency syndrome; 

(2) health-care for pregnant women and lying-in women: consultation and instruction on hygiene, nutrition and psychology, etc. and 
medical health-care services such as  regular prenatal physical check-up; 

(3) health care for the fetus: monitoring care, consultancy and medical advice for the growth  of the fetus; and 

(4) health-care for newborn babies: medical and health-care services for the growth, feeding and nursing of newborn babies. 

Article 15  Medical and health institutions shall give medical advice to the pregnant women who are suffering from serious illness
or are exposed to teratogenic substances, if their gestation may jeopardize the safety of their lives, or seriously affect their
health or the normal development of the fetus. 

Article 16  If a physician detects or suspects that a married couple in their child-bearing age suffer from genetic disease
of a serious nature, the physician shall give them medical advice, according to which the said couple  shall take corresponding
measures.  

Article 17  After  antenatal examination,  if a physician detects or suspects an abnormality with the fetus, he shall
make pre-natal diagnosis for the pregnant woman.  

Article 18   If one of the following cases is detected in the pre-natal diagnosis,  the physician shall explain the
situations to the married couple and give them medical advice on a termination of gestation: 

(1) The fetus is suffering from a genetic disease of a serious nature; 

(2) The fetus is with a defect of a serious nature; or  

(3) Continued gestation may jeopardize the safety of life of the pregnant woman or seriously impair her health, due to the serious
disease she suffers from. 

Article 19   Termination of gestation or performance of ligation operations practised in accordance with the provisions
of this Law shall be subject to the consent and signing of the person per se. If the person per se has no capacity for civil conduct,
it shall be subject to the consent and signing of the guardian of the person. 

Whoever is to terminate gestation or receive ligation operations under this Law shall receive such services free of charge. 

Article 20  In respect of a woman who has given birth to an infant with a serious defect, prior to her second gestation, both
the husband and the wife shall receive medical examination in a medical and health institution at or above the county level. 

Article 21  Physicians and midwives shall strictly observe relevant operational procedures, improve the skills of midwifery
and the quality of services so as to prevent or reduce maternal injuries. 

Article 22  Pregnant women who cannot be hospitalized for delivery shall receive sterilized midwifery by trained and qualified
midwives. 

Article 23  Medical and health institutions and midwives engaged in home delivery shall, as prescribed by the administrative
department of public health under the State Council, issue uniformly prepared medical certificates for childbirths, and report to
the administrative department of public health, if a lying-in woman or an infant dies or a defective baby is born. 

Article 24  Medical and health institutions shall provide  lying-in women with guidance as to the scientific way of rearing
babies, rational nutrition and breastfeeding. 

Medical and health institutions shall give physical check-up and preventive inoculation to infants, and gradually develop medical
and health-care services such as the screening examination of diseases of newborn babies, the prevention and control of frequently
occurring and commonly-seen diseases among infants. 

Chapter IV 

Technical Appraisement 

Article 25  The local people’s governments at or above the county level may establish institutions for medical technical appraisement
which shall be responsible for making medical technical appraisement when dissenting views arises on the results of pre-marital medical
examination, genetic diseases diagnosis or prenatal diagnosis. 

Article 26  Personnel engaged in medical technical appraisement must have clinical experience, medical genetic knowledge and
the professional post_title of physician-in-charge or above. 

Component members of the medical technical appraisement institutions shall be nominated by the administrative departments of public
health and engaged by the people’s governments at the corresponding levels. 

Article 27  The challenge system shall be instituted in making medical technical appraisement. Personnel who has an interest
in the party concerned, which may affect the impartiality of the appraisement, shall withdraw. 

Chapter V 

Administrative Management 

Article 28  People’s governments at various levels shall take measures to strengthen the work of maternal and infant health
care, to improve medical and health-care services, to work hard at preventing and controlling the frequently-occurring endemic diseases,
caused by environmental factors, that  are seriously jeopardizing the health of mothers and infants, thereby promoting the development
of undertakings of maternal and infant health care. 

Article 29  Administrative departments of public health under the people’s governments at or above the county level shall administer
the work of maternal and infant health care within their respective administrative areas. 

Article 30  Medical and health institutions designated by the administrative departments of public health under the people’s
governments of the provinces, autonomous regions or municipalities directly under the Central Government shall be responsible for
monitoring, and providing technical guidance to, the maternal and infant health care within their respective administrative areas. 

Article 31  Medical and health institutions shall, in accordance with the provisions of the administrative department of public
health under the State Council, take the responsibility for the work of maternal and infant health care within the scope of their
functions and duties, establish rules and regulations for medical and health care services, raise medical and technological level,
and take measures for the convenience of the people so as to provide better services in  maternal and infant health care. 

Article 32  Medical and health institutions that in accordance with the provisions of this Law  carry out pre-marital medical
examination, genetic disease diagnosis and pre-natal diagnosis, ligation operations and operations for termination of gestation must
meet the requirements and technical standards set by the administrative department of public health under the State Council, and
shall obtain the permission of the administrative departments of public health under the local people’s governments at or above the
county level. 

Sex identification of the fetus by technical means shall be strictly forbidden, except that it is positively necessitated on medical
grounds. 

Article 33  Personnel engaged in  making genetic disease diagnosis or pre-natal diagnosis as provided by this Law must
pass the examination of the administrative department of public health under the people’s government of the province, autonomous
region or municipality directly under the Central Government, and obtain a corresponding qualification certificate. 

Personnel engaged in making pre-marital medical examination, performing ligation operations or operations for termination of gestation
as provided by this Law and persons engaged in home delivery must pass the examination of the administrative department of public
health under the people’s government at or above the county level, and obtain a corresponding qualification certificate. 

Article 34  Personnel engaged in the work of maternal and infant health care shall strictly abide by the professional ethics
and keep  secrets for the parties concerned. 

Chapter VI 

Legal Liability 

Article 35  Where anyone who has not obtained a relevant qualification certificate issued by the State commits any of the following
acts, the  administrative department of public health under the local people’s government at or above the county level shall
stop such act and give a warning to or impose a fine upon him in light of the circumstances: 

(1) to engage in pre-marital medical examination, genetic disease diagnosis, pre-natal diagnosis or medical technical appraisement; 

(2) to perform operations for termination of gestation; or 

(3) to issue relevant medical certificate as stipulated by this Law. 

The relevant medical certificate as mentioned in item (3) of the preceding paragraph shall be null and void. 

Article 36  Where anyone who has not obtained relevant qualification certificate issued by the State  performs operations
for termination of gestation or terminates gestation by other means, thus causing death, disability, loss or basic loss of working
ability, shall be investigated for criminal responsibility according to the provisions of Article 134 and Article 135 of the Criminal
Law. 

Article 37  Where personnel engaged in the work of maternal and infant health care, in violation of the stipulations of this
Law, issue fake medical certificates, or undertake sex identification of the fetus, medical and health institutions or administrative
departments of public health shall in light of the circumstances  give them administrative sanctions; if the circumstances are
serious, they shall be disqualified for practice of their profession according to law. 

Chapter VII 

Supplementary Provisions 

Article 38  The definitions of the following terms as used in this Law are : 

“Target infectious diseases” refer to AIDS, gonorrhea, syphilis, and leprosy specified in the Law of the People’s Republic of China
on the Prevention and Treatment of Infectious Diseases, as well as other infectious diseases that are medically considered to have
adverse effects on marriage and reproduction; 

“Genetic diseases of a serious nature” refer to diseases that are caused by genetic factors congenitally, that may totally or partially
deprive the victim of the ability to live independently, that are highly possible to recur in generations to come, and that are medically
considered inappropriate for reproduction; 

“Relevant mental diseases” refer to schizophrenia, manic-depressive psychosis and other mental diseases of a serious nature; and 

“Pre-natal diagnosis” refers to diagnosis of the fetus regarding its congenital defect and hereditary diseases. 

Article 39  This Law shall go into effect as of June 1, 1995.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.







CIRCULAR OF THE STATE COUNCIL ON DEEPENING THE REFORM OF THE OLD-AGE INSURANCE SYSTEM FOR EMPLOYEES OF ENTERPRISES (ABSTRACT)

Category  LABOUR ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1995-03-01 Effective Date  1995-03-01  


Circular of the State Council on Deepening the Reform of the Old-age Insurance System for Employees of Enterprises (Abstract)



(March 1, 1995)

    Since the issuance of the Decision of the State Council on the Reform of
the Old-Age Insurance System for Employees of Enterprises, the reform of the
old-age insurance system for employees of enterprises is being
enthusiastically carried out in each region and department concerned. Some
achievements have been made in such matters as expanding the coverage of
insurance, instituting a system of payment of premiums by employees
themselves, and conducting tests on combining the collection of insurance
funds from society with that of individual accounts. The reform has played an
important role in safeguarding the basic living standards of retired veteran
cadres and retired workers of enterprises, maintaining the stability of
society and promoting the development of the economy. But, as this reform is
still in the exploratory stage, the current system of the old-age insurance
for employees of enterprises cannot yet meet the requirements for the
establishment of the socialist market economic system; thus, a deepening of
reform is required for the next step. Pursuant to the spirit of the Decision
of the Central Committee of the Chinese Communist Party on Matters Concerning
the Establishment of the Socialist Market Economic System, and to
investigation, research and the opinion of the general public, a circular is
hereby issued concerning matters of deepening the reform of the old-age
insurance system for employees of enterprises:

    1. The aim of the reform of the old-age insurance system for employees of
enterprises is to, by the end of the century, basically establish an old-age
insurance system which will meet the requirements of the socialist market
economic system, which will apply to the employees of enterprises of all kinds
and individual laborers in cities and towns, have multiple financial resources
and categories of insurance, combine a collection of insurance funds from
society with individual accounts, balance the rights with the obligations and
adopt socialized management and service. Basic old-age insurance shall
gradually establish unified rules and unified standards for all kinds of
enterprises and laborers, and management and regulation of the insurance funds
shall be done in a centralized manner.

    2. The principle of deepening the reform of the old-age insurance system
for employees of enterprises shall be to adapt the level of insurance to the
development level of the social productive forces in our country as well as to
the affordability of different sectors, combine the mutual assistance of
society with individual insurance, and equality with efficiency, carry out
unified policies and institute a legal system for management, and separate the
administration of insurance from the management of insurance funds.

    3. Premiums for basic old-age insurance shall be paid by enterprises and
individuals together, and an overall collection of insurance funds from
society shall be combined with individual accounts. Based on sorting out the
distribution relations and speeding up the pace of paying individual income in
the forms of salaries and wages and paying salaries and wages in the form of
money, the proportion of payment by the individuals shall be gradually
increased. The extent for such increases shall be determined by the people’s
governments of the provinces, autonomous regions and municipalities directly
under the Central Government, in the light of the increases in salaries and
wages of employees and other circumstances in the respective regions.
Two measures for the implementation of combining an overall collection of
insurance funds from society with individual accounts have been formulated to
suit the different circumstances in the different regions. Prefectures and
municipalities (not including municipalities at the county level) shall make
reports on their choice of them for the approval of the people’s governments
of the provinces and autonomous regions directly under the Central Government;
for municipalities directly under the Central Government, its people’s
government shall make such a choice, to be filed with the Ministry of Labor.
Each region may, in the light of its actual conditions, make modifications and
supplementations to the two measures.

    4. Each region shall institute a mechanism for the normal adjustment of
basic old-age pensions in order to safeguard the basic lifestyles of retired
veteran cadres and retired workers of enterprises. Basic old-age pensions may
be adjusted in proportion to the increased rate of the last year’s average
wages and salaries of employees in the respective regions. The specific
measures shall be formulated under the guidance of the state policies by the
people’s government of the provinces, autonomous regions and municipalities
directly under the Central Government.

    5. In addition to instituting basic old-age insurance to safeguard the
basic lifestyles of retired veteran cadres and retired workers, the state
shall encourage the institution of supplementary old-age insurance programs in
enterprises and individual old-age insurance programs in the form of savings
accounts. After paying premiums for basic old-age insurance as prescribed,
enterprises may, under the guidance of state policies and in the light of
their economic results, set up supplementary old-age insurance programs for
employees. Enterprises and individuals will select the institutions for
management of supplementary old-age insurance in enterprises and individual
old-age insurance in the form of savings accounts.

    6. Each region should understand fully that the reform of the old-age
insurance system is a major matter involving long-term considerations. Thought
should be given to the practical situation in our country: that the level of
productive forces is relatively low, the population is large and the problem
of an aging society is becoming more pressing day by day. Attention should be
paid to all interests, including those of the state, enterprises and
individuals, and to immediate interests as well as to long-term interests.
Then, depending on ample surveys, calculations, arguments and proofs,
comprehensive arrangements can be made in such matters as the proportion of
payment of old-age insurance premiums by enterprises to that by individuals,
the standards for distributing old-age pensions and the accumulation rate of
insurance funds. Strict control shall be maintained over the proportion of
payment of basic old-age insurance premiums and the level of distribution of
basic old-age pensions so as to lighten the loads of the state and enterprises.

    7. Budget administrative and financial accounting systems for basic
old-age insurance funds shall be instituted and strengthened in accordance
with relevant state stipulations. It is necessary to properly arrange basic
affairs such as records of payments and individual accounts, strictly control
the withdrawal and usage of management expenses, and adhere to the principle
of special purpose funds. Funds management should conscientiously be handled
so as to ensure the safety of funds and to achieve the hedging and
appreciation of the funds. At present, about 80 percent of the balance of the
old-age insurance funds after the payment of a full two months’ expenses
should be used to purchase special bonds issued by the state to fixed
investors. No organization or individual may determine other uses for the
funds without authorization. The proceeds derived from the old-age insurance
funds shall be thrown into the funds as a whole and shall be exempt from taxes
and fees.

    8. Each region and department concerned should actively create conditions
to expand the extent of socialized management and service for old-age
insurance. Distribution of old-age pensions by social organizations should
gradually be adopted to supersede distribution by respective enterprises.
Regions with sound technical conditions and work bases may adopt direct
distribution by banks or post offices, and regions not meeting the
requirements at present may distribute pensions through institutions in charge
of social insurance. These institutions may also establish agencies in large
enterprises or use other methods to provide management and services for
retired veteran cadres and retired workers of enterprises. Moreover, the
initiative of different quarters should be fully brought into play in order to
gradually transform the administration by enterprises of retired veteran
cadres and retired workers into administration which depends upon communities.
Thus, the level of socialized management of insurance should be heightened to
conscientiously lighten the load of enterprises.

    9. It is necessary to establish a system in which the administration of
social insurance is separated from the management of insurance funds and the
enforcement institutions are separated from the supervisory institutions. The
principal tasks of the administrative department for social insurance are
formulation of policies and plans and strengthening supervision and guidance.
The management of social insurance funds is under the scope of duties of the
institutions in charge of social insurance. Each region and department
concerned should establish a supervisory committee on social insurance
composed of a government representative(s), an enterprise representative(s), a
labor union representative(s) and a representative(s) of retired veteran
cadres and retired workers. This committee would have the purpose of
strengthening the supervision of the enforcement of policies and regulations
concerning social insurance and funds management.

    10. Enterprises which, with approval of the State Council, participate in
the overall planning of old-age insurance funds directly organized by
departments or organizations under the State Council shall make reforms
pursuant to the principle of combining the overall planning of insurance funds
from society with individual accounts while retaining the overall plans
organized by their responsible departments or organizations under the State
Council.

    11. The Ministry of Labor shall be responsible for the guidance and
supervision of the nationwide task of establishing old-age insurance for
employees in urban enterprises, and for giving an impulse to deepen the reform
thereof. The State Commission for Restructuring the Economy should take an
active part in the reform. It may choose localities for experimenting with
deepening the reform, and should receive vigorous support from the Ministry of
Labor. The State Planning Commission, the State Commission of Economic
Relations and Trade, the Ministry of Finance, the People’s Bank of China and
other relevant departments should, within their respective scopes of power and
duties, take co-ordinate and supporting activities to make the furthering of
reform successful.    

    Deepening the reform of the old-age insurance system for employees of
enterprises is a task of great importance, which is reflected in the goals of
perfecting the social insurance system and promoting the reform, development
and stability of our country. Each region and department concerned should pay
great attention to this task, conscientiously organize to carry it out and
make an active and steady effort to seek practical results. New circumstances
and problems found in the course of the reform should be earnestly and
promptly studied and resolved and major problems should be reported without
delay.






PROCEDURES OF SHANGHAI MUNICIPALITY ON REAL ESTATE MORTGAGE

Procedures of ShangHai Municipality on Real Estate Mortgage

     CHAPTER I GENERAL PROVISIONS CHAPTER II CREATION OF HYPOTHEC CHAPTER III MAKING OF MORTGAGE CONTRACT CHAPTER IV CUSTODY OF COLLATERAL
CHAPTER V THE MODIFICATION, CANCELLATION AND TERMINATION OF A MORTGAGE CONTRACT CHAPTER VI MORTGAGE REGISTRATION CHAPTER VII DISPOSAL
OF COLLATERAL CHAPTER VIII LEGAL LIABILITY CHAPTER IX SUPPLEMENTARY PROVISIONS

   Article 1 (Purpose and Basis)The present Procedures are formulated in accordance with the relevant laws and regulations and in the light of
the actual situations in Shanghai for the purposes of strengthening the administration of real estate mortgage, or safeguarding the
legal rights and interests of the parties concerned, and of keeping order of the real estate market.

   Article 2 (Scope of Application)

The present Procedures shall be applicable to the real estate mortgage in Shanghai.

   Article 3 (Definition of Following Terms Used in the Present Procedures)

1. “Real estate mortgage” means a civil juristic act in which the mortgagor supplies his/her legitimately owned real estate or real
estate property right (hereinafter both referred to as real estate), without transferring the mode of occupancy, to the mortgagee
as a guaranty for the performance of an obligation on time (including the repayment for a loan, similarly hereinafter), and the mortgagee
has the right to dispose of the collateral according to law and has the priority for repayment when the obligation can not be performed
on time;

2. “Mortgagor” means a legal person, other organization, or a citizen who supplies real estate to the mortgagee as a guaranty for
his/her or a third person’s performance of an obligation;

3. “Mortgagee” means a legal person, other organization, or a citizen who receives real estate mortgage as the debtor’s guaranty for
the performance of an obligation;

4. “House with limited property rights” means a house owned by an owner who has the full rights of occupancy and use, and limited
rights of disposal and proceeds;

5. “Future right of a house” means the right of the ownership of a house to be obtained at a certain future time agreed upon in a
buying and selling contract or the right of obtaining a house to be completed at a certain future time agreed upon in a construction
project contract.

   Article 4 (Basic Principles)

The real estate mortgage shall follow the principles of voluntariness, justice, equal compensation, honesty and trust.

The parties concerned who establish the relationship of real estate mortgage must abide by the relevant laws, rules and regulations
of the State and Shanghai Municipality.

The relationship of real estate mortgage established according to law shall be protected by the laws.

   Article 5 (Administrative Authorities)

Shanghai Municipal Real Estate Administration is the competent administrative authorities of the real estate mortgage in Shanghai.

The District/County Real Estate Administration, vocationally subordinating to the leadership of Shanghai Municipal Real Estate Administration,
is the competent administrative authorities of the real estate mortgage in its own region.

   Article 6 (Real Estate Eligible for Hypothec)

The following real estate may be hypothecated:

1. The granted land-use right obtained according to law;

2. The house with post_title and the land-use right within its dimensions obtained according to law;

3. The future right of a house obtained according to law;

4. Other real estate eligible for mortgage according to law.

   Article 7 (Real Estate Ineligible for Hypothec)

1. The land-use right obtained through administrative allotment and with no house and other annex built on the plot;

2. Buildings of historical relic and other memorable buildings;

3. The State-owned residential house that has been leased;

4. The house located within the removal compass or the requisition compass of collectively-owned land according to law;

5. The real estate in the custody of the government;

6. The real estate of a foreign-invested enterprise that has not yet been confirmed by a Chineses registered accountant to have paid
up its investment share;

7. The real estate that has not yet been registered for a post_title deed according to law;

8. The real estate of vague or disputable property right;

9. The real estate that has been sealed up according to an adjudication by a judicial organization or a decision by an administrative
organ, or has been restricted in other ways;

10. Other real estate that cannot be hypothecated according to law.

   Article 8 (Creation of Hypothec Relevant to the Land-Use Right Through Granting)

In respect of hypothecating the land-use right obtained through granting, the provisions of the State and Shanghai Municipality on
granting and transferring the land-use right and the terms stipulated in the granting contract must not be violated.

When the land-use right is hypothecated, the original house and other annex on the plot before the hypothecation shall be hypothecated
simultaneously.

When all the houses on the plot obtained through granting of land-use right are hypothecated, the land-use right of the space occupied
by those houses shall be hypothecated simultaneously.

When part of the houses on the plot obtained through granting of land- use right is hypothecated, the corresponding portion of the
land-use right of the space occupied by the hypothecated part shall be hypothecated simultaneously.

   Article 9 (Creation of Hypothec on the House of Limited Property Right)

In respect of a hypothec on a house of limited property right, the hypothec shall not go beyond the limit measured by the original
investment proportion of the owner, and shall conform to the provisions of the State and Shanghai Municipality on the control of
houses of limited property right.

   Article 10 (Creation of Hypothec on Future Right of a House)

A hypothec on the future right of a house shall conform to the relevant provisions on forward selling of houses and the management
of construction contract.

   Article 11 (Creation of Hypothec on the Leased Real Estate)

In respect of hypothecating the leased real estate, the mortgagor shall clearly state the fact to the prospective mortgagee that the
real estate concerned has been leased. The original tenancy relationship shall remain valid after a real estate mortgage contract
(hereinafter referred to as mortgage contract) has been signed.

   Article 12 (Creation of Hypothec on Real Estate with Time Limit)

If an enterprise with business time limit hypothecates its real estate, the created mortgage term must not exceed the business time
limit of the enterprise.

In respect of a hypothec on the real estate with land-use time limit, the created mortgage term must not exceed the land-use time
limit.

   Article 13 (Hypothec on the Jointly Owned Real Estate)

In respect of a hypothec on a house jointly owned by shares, the hypothec shall be limited within the shares that the mortgagor holds.

In respect of a hypothec on a jointly owned house, the hypothec shall be created with unanimous agreement of all the sharers, and
the mortgagor is the collective of all the sharers.

   Article 14 (Creation of One Hypothec on More Than Two Pieces of Real Estate)

In respect of one hypothec on more than two pieces of real estate, the interested real estate shall be regarded as one piece of collateral.
During the hypothec period, the joint guarantee obligations are inseparable. If there has been other agreement between the parties
of the mortgage, the agreement shall be observed.

   Article 15 (Creation of More Than One Hypothecs on the Same One Piece of Real Estate)

When the real estate that has been hypothecated is remortgaged, the mortgagor shall inform the prospective second mortgagee of the
existing mortgage status beforehand.

In respect of the creation of more than two hypothecs on the same one piece of real estate, the deadline for performing the obligation
guaranteed by the latter hypothec shall not precede the deadline for performing the obligation guaranteed by the former hypothec.

   Article 16 (House Built After Signing of Mortgage Contract)

The house built on the plot after the signing of the real estate mortgage contract does not pertain to the collateral.

CHAPTER III MAKING OF MORTGAGE CONTRACT

   Article 17 (Form of Mortgage Contract)

A mortgage contract that establishes real estate mortgage relationship must be made in writing.

   Article 18 (Place of Signing a Mortgage Contract)

A mortgage contract must not be signed in a country that has not established diplomatic relations with China (PRC) or in a country
or region that has not set up trade representative’s office in China (PRC).

   Article 19 (Main Contents of Mortgage Contract)

The following shall be specified in a mortgage contract:

1. Parties to the mortgage;

2. Location, type, structure, area, value, post_title, right of use, and post_title number of the collateral;

3. Amount and time limit of the liabilities guaranteed by the mortgage;

4. Custodian, custody form of the collateral, responsibilities for the custody and responsibilities for unexpected damage or loss;

5. Responsibilities for the breach of the contract;

6. Conditions of abolishing the mortgage;

7. Ways of settling disputes;

8. Other items agreed upon by both parties to the mortgage;

9. Time and place of signing the mortgage contract.

If a party to the mortgage is a citizen, his/her name, nationality and address shall be specified in the mortgage contract. If a party
to the mortgage contract is a legal person or other organization, the name of the legal person or the name of the organization and
the name, nationality and address of its legal representative shall be specified in the mortgage contract.

   Article 20 (Language of Mortgage Contract)

A mortgage contract shall be written in Chinese. In case of other language used simultaneously, the Chinese version is considered
as the standard.

   Article 21 (Notarization and Attestation of Mortgage Contract)

A mortgage contract signed between citizens or between a legal person or other organization and a citizen must be notarized by a notary
office. A mortgage between a legal person and other organization, between legal persons, or between other organizations must be notarized
by a notary office if it is signed out of China (PRC); however, if it is signed inside China (PRC), the parties to the mortgage may
decide by themselves as whether to have it notarized or not.

A mortgage contract signed inside China (PRC) may be notarized by the notary office at the place where the mortgage contract is signed
or where the collateral is located. If a mortgage contract is signed in Hong Kong, Macao or Taiwan regions, it shall be notarized
by a notary office officially recognized by the relevant departments of the State Council of the P.R. China. If a mortgage contract
is signed in a foreign country, it shall be notarized by a notary office of that country and attested by the embassy (or consulate)
or trade representative’s office of the P.R. China in the country.

   Article 22 (Validity of Mortgage Contract)

A mortgage contract signed in a foreign country becomes effective as of the date it is attested. A mortgage contract signed in Hong
Kong, Macao or Taiwan regions, or a mortgage contract signed inside China (PRC) that must be notarized according to law or according
to an agreement reached by the parties to the mortgage, becomes effective as of the date it is notarized. A mortgage contract signed
inside China (PRC) that is not notarized according to an agreement reached by the parties to the mortgage becomes effective as of
the date it is signed.

   Article 23 (Appraisal of Collateral)

The collateral shall be appraised for the purpose of establishing real estate mortgage relationship, and the appraised value shall
be specified in the mortgage contract. The value of the collateral may be determined through consultation by the parties to the mortgage.

   Article 24 (Insurance of Collateral)

If the parties concerned agree to have the collateral insured, the mortgagor shall have the collateral insured at an insurance company.

   Article 25 (Lease of Collateral)

When the real estate that has been created hypothec is leased, the lessor must clearly inform the prospective lessee of the fact that
the real estate has been mortgaged.

   Article 26 (Agreement on the Restriction of Collateral)

If the mortgagee wants to restrain the mortgagor from leasing, lending, subletting the collateral, or from changing the nature of
use of the collateral after the real estate has been mortgaged, they shall reach such an agreement in the mortgage contract.

   Article 27 (Invalid Contract)

The following mortgage contracts are invalid contracts:

1. A mortgage contract signed in violation of Article 7 of the present Procedures;

2. A contract guaranteed by a mortgage contract is invalid;

3. Other mortgage contracts signed in violation of the law.

   Article 28 (Custody of Collateral and Custodian’s Responsibility)

A collateral is in the mortgagor’s custody.

The custodian shall keep the collateral safe and intact during the custody period.

   Article 29 (Appointed Inspection of Mortgagee)

The mortgagee shall, pursuant to the agreement in the mortgage contract, have the right to inspect the collateral in the mortgagor’s
custody.

   Article 30 (Restrictions on Transfer, Demolition or Remodel of Collateral)

Without a written consent from the mortgagee the mortgagor must not sell, exchange, donate, demolish, or remodel the real estate that
has been hypothecated unless it is required to be demolished by a construction project of the State.

The mortgagor shall promptly inform the mortgagee in writing if the real estate that has-been hypothecated has been included within
the removal compass due to construction project of the State.

If the collateral is inherited or split up, the successor shall promptly inform the mortgagee in writing.

   Article 31 (Obligations After the Transfer of Collateral)

If a collateral is transferred, the obligations guaranteed by the collateral remain unchanged.

When, as a citizen, the mortgagor dies or is declared dead, his/her legal inheritor/inheritress or devisee shall assume corresponding
mortgage obligations secured by the actual value of the secured property that has been inherited or devised.

   Article 32 (Remedies for Loss of or Damage to Collateral)

The mortgagor shall promptly inform the mortgagee of the loss of or damage to the collateral except for natural deterioration and
shall take effective measures to prevent the loss or damage from aggravation.

When the collateral cannot or is not sufficient to perform the obligation as a guaranty because of the loss of or damage to the collateral
resulting from the mortgagor’s fault, the mortgagor shall resupply or increase secured property so as to remedy the loss in the value
of the original collateral.

   Article 33 (Compensation and Indemnity)

The compensation and indemnity obtained for the loss of or damage to the collateral not attributable to the mortgagor’s fault, or
obtained because the collateral has been legally included within the removal compass shall be notarized and treated as secured property.

CHAPTER V THE MODIFICATION, CANCELLATION AND TERMINATION OF A MORTGAGE CONTRACT

   Article 34 (Modification of Mortgage Contract)

If the real estate that has been hypothecated has been remodeled or included within the removal compass according to law, and if it
is compensated for in the form of exchanging real estate post_title, the parties to the mortgage shall hypothecate the newly-obtained
real estate anew and modify the mortgage contract accordingly; if it is compensated for in cash, the mortgagor shall have the compensation
notarized, and shall treat the compensation as secured property, or the parties to the mortgage may select another real estate of
the same value as the original collateral to recreate the hypothec and shall modify the mortgage contract accordingly.

If, according to Section 2, Article 32 of the present Procedures, the mortgagor resupplies or increase the collateral, the mortgage
contract shall be modified accordingly.

Unless provided in Section 1 and Section 2 of this Article, modification of the mortgage contract must be subject to the consensus
from the parties concerned through consultation.

The parties concerned shall sign a mortgage modification contract if the mortgage contract is modified.

   Article 35 (Cancellation of Mortgage Contract)

If the hypothecated real estate that has been included within the removal compass due to a construction project of the State has been
compensated for by cash, and if the compensation has paid off the debt guaranteed by the collateral, the mortgage contract shall
be cancelled.

A mortgage cancellation contract must be signed subject to the consensus from the parties concerned through consultation except the
case pursuant to the provisions stipulated in the previous paragraph.

   Article 36 (Termination of Mortgage Contract)

A mortgage contract shall terminate if the mortgagor clears of his/her debt, or the mortgagee abandons the claim to the obligation
during the contract term.

   Article 37 (Validity of Mortgage Registration)

A mortgage registration must be transacted with the real estate registration office upon the establishment of the mortgage relationship.
The parties concerned who do not have their real estate mortgage relationship registered shall not claim against a third party.

   Article 38 (Time and Agency for Mortgage Registration)

The parties to a real estate mortgage shall register with the municipal or district/county real estate registration office according
to each office’s extent of authority over the administration of real estate registration within the following stipulated time.

1. A mortgage shall, if the contract is signed inside China, be registered within 30 days from the date when it becomes effective;

2. A mortgage shall, if the contract is signed in Hong Kong, Macao or Taiwan regions or in a foreign country, be registered within
60 days from the date when it becomes effective.

In respect of a mortgage on the future right to a house, if the house is completed during the mortgage term, the mortgage registration
shall be transacted anew within 30 days from the date when the mortgagor has obtained the post_title to the house.

   Article 39 (Documents Required for Mortgage Registration)

When going through the mortgage registration,the parties to the mortgage must produce the mortgage contract, identity cards, and must
complete application forms for real estate mortgage registration. In addition, the mortgagor shall submit the following documents:

1. Construction land planning license and certificate of land-use right of State-owned land in respect of a mortgage on the granted
land-use right;

2. post_title to the house and certification of the land-use right in respect of a mortgage on the house and the land-use right within
its occupation limits;

3. Legally valid forward selling (buying) contract of the house in respect of a mortgage on the future right to a house bought in
advance; documents listed under Item 2 of this section if mortgage registration is transacted anew when the house is completed during
the mortgage term;

4. Legally valid construction project contract and certification of land-use right in respect of a mortgage on the future right to
a house under a construction project contract; documents listed in Item 2 of this section if mortgage registration is transacted
anew when the house is completed during the mortgage term.

If the parties to the mortgage entrust an agent with real estate mortgage registration, a letter of authorization and the agent’s
identity card must be submitted.

   Article 40 (Registration of Mortgage Modification)

If a mortgage contract is modified, the parties to the mortgage shall have the mortgage modification registered with the original
mortgage registration office within 30 days from the date when the modification contract becomes effective.

   Article 41 (Registration of Mortgage Cancellation)

If a mortgage contract is cancelled or terminated, the parties to the mortgage shall have the mortgage cancellation registered with
the original mortgage registration office within 30 days from the date when the contract is cancelled or terminated.

   Article 42 (Production of Registration Certificate)

A real estate mortgage registration office shall produce registration certificate to the registrant within 15 days from the date when
it receives the application for mortgage registration, mortgage modification registration, or mortgage cancellation registration.

   Article 43 (Registration Fee)

The parties to the mortgage shall pay the registration fee to the registration office for mortgage registration, mortgage modification
registration, or mortgage cancellation registration.

   Article 44 (Reference to Registration Documents)

The relevant documents concerning mortgage registration, mortgage modification registration or mortgage cancellation registration
may be open to public for reference. The person who refers to the documents shall pay reference fee.

CHAPTER VII DISPOSAL OF COLLATERAL

   Article 45 (Conditions of Disposal)

The mortgagee has the right to demand the disposal of the collateral under any one of the following conditions:

1. The debtor fails to perform his/her obligation on the due date according to the agreement;

2. If the debtor, as a citizen, dies or is claimed dead and nobody performs the due obligation on his/her behalf,

3. The legitimate inheritor/inheritress or devisee of the mortgagor refuses to perform the due obligation;

4. The mortgagor is declared disbanded or bankrupt;

5. The mortgagor disposes the collateral at liberty in violation of the stipulations under Article 30;

6. The performance of the mortgage contract is or may be affected when capital reduction or split-up, etc. happen to the mortgagor,
whether as a legal person or as an organization;

7. Other conditions agreed upon in the mortgage contract.

   Article 46 (Ways of Disposal)

Under any one of the conditions stipulated in Article 45 of the present Procedures, the parties to the mortgage may, through consultation,
dispose the collateral in the following ways:

1. Assignment based on an evaluated price;

2. Auction.

When the parties to the mortgage cannot reach an agreement on assigning the collateral based on an evaluated price, the collateral
shall be disposed through auction.

   Article 47 (Notice Before Disposal)

The mortgagee shall inform the mortgagor in writing before the disposal of the collateral; and shall, at the same time, inform the
co-owners or the lessee in writing if the collateral is co-owned or leased.

   Article 48 (Preemption)

When the collateral is disposed according to the present Procedures, except through auction, the following legal person, other organization
or citizen shall, under the same condition, have the preemption:

1. The lessee of the leased collateral;

2. The co-owner with shares in the co-owned collateral;

3. The co-owner of the real estate that does not fit to be divided or that shares a common set of facilities with the collateral.

Before the disposal of the collateral through auction, the mortgagee shall inform in writing the interested parties who have the preemption
as listed in the above stipulation of this Article.

   Article 49 (Priority to Repayment)

When a real estate with more than two hypothecs is disposed, the priority to repayment shall be determined by the following order:

1. The registrant who registers the mortgage within the time limit shall have the priority over the one who registers the mortgage
after the deadline for registration;

2. In respect of the registrants who register the mortgage within the time limit, the one with a mortgage contract of an earlier effective
date shall have the priority;

3. In respect of the registrants who register the mortgage after the deadline for registration, the one who has an earlier registration
time record with the real estate registration office shall have the priority.

When the real estate that has been hypothecated is disposed, the newly- built house on the land may, according to law, be disposed
together with the collateral, however, the mortgagee has no priority to repayment from the proceeds out of the newly-built house.

   Article 50 (Treatment of Tenancy Relationship Concerning Disposal)

After the collateral within the lease term has been disposed, the original tenancy relationship shall remain valid if the collateral
has been leased before the creation of the hypothec; however, the original tenancy relationship shall terminate automatically if
the collateral has been leased after the creation of the hypothec.

   Article 51 (Treatment of Proceeds out of Allocated Land-use Right at Disposal of Collateral)

If the land-use right that creates the hypothec has been obtained in the form of allocation, and after it is disposed according to
law, the mortgagee may have the priority to repayment only after the amount equal to the money for the land-use right is deducted
from the proceeds out of the disposal.

   Article 52 (Collateral After Bankruptcy)

The real estate that creats the hypothec before bankruptcy is excluded from the bankrupt property after the mortgagor becomes bankrupt.
However, if the proceeds out of the disposal of the collateral exceed the amount due for performing the obligation, the balance is
included in the bankrupt property.

   Article 53 (Suspension of Auction)

When the parties to the mortgage chose to dispose the collateral through auction, the auction may be suspended under any one of the
following conditions that occurs before the auction procedure starts:

1. There is a dispute over the post_title to the collateral;

2. The mortgagee demands to suspend the auction;

3. The mortgagor applies for suspending the auction if he/she is willing to perform the obligation instantly, or provides the mortgagee
with the proof that he/she is able to perform the obligation;

4. Other conditions due for suspending the auction.

   Article 54 (Regulations Governing Ways of Disposal)

If the parties to the mortgage choose to dispose the collateral through auction, the disposal shall be made according to the relevant
regulations concerning the auction of house in Shanghai.

If the parties to the mortgage choose to dispose the collateral by assignment based on an evaluated price, the disposal shall be made
according to the relevant regulations concerning the management of real estate transaction in Shanghai.

   Article 55 (Distribution of Proceeds From Disposal)

The distribution of the proceeds from the disposal of the collateral shall comply with the following order and principle:

1. To pay the expenses required for the disposal of the collateral;

2. To pay the due taxes after the disposal of the collateral;

3. To pay the debt and the penalty for breaking the contract;

4. To return the balance to the mortgagor.

If the proceeds from the disposal of the collateral are insufficient to perform the obligation and pay the penalty, the mortgagee
has the right to recover the insufficiency.

   Article 56 (Shift of Allocated Land-use Right)

When the future right to the hypothecated house on the land plot with allocated land-use right is disposed, the corresponding allocated
land- use right shall be shifted at the same time.

   Article 57 (Liability for Breaking Contract)

Once the mortgage contract becomes effective, the parties to the mortgage shall fulfil the contract; if any party does not fulfil
or partially fulfil the contract, he/she shall bear the liabilities for breaking the contract and shall compensate the other party
for economic losses sustained therefrom.

If the mortgage contract cannot be fulfilled due to the fault made by any party to the mortgage, the faulty party shall compensate
the other party for economic losses sustained therefrom.

   Article 58 (Compensation for Third Party’s Loss)

The mortgagor shall compensate the third party for a loss resulting from the mortgagor’s unauthorized lease, lending, transfer, selling,
exchange, donation or other form of treatment or disposal of the collateral.

   Article 59 (Liability for Concealing Circumstance of Collateral)

The mortgagor shall compensate for other person’s loss resulting from the mortgagor’s concealment of the circumstances that the collateral
has been sealed up, distrained or has already been hypothecated or leased, etc.

   Article 60 (Release From Liability)

The mortgagor shall promptly inform the mortgagee of the complete or partial loss, damage or devaluation of the collateral due to
force majeure. After obtaining relevant proof, the mortgagor may be released from the liability of resupplying or increasing the
collateral.

   Article 61 (Settlement of Dispute)

Any dispute between the parties to the mortgage arising in the performance of the mortgage contract or in the disposal of the collateral
shall be settled through consulation, the parties to the mortgage may, according to the laws, apply to an arbitral authority for
arbitration, or bring a suit to the people’s court.

CHAPTER IX SUPPLEMENTARY PROVISIONS

   Article 62 (Formulation of Appraisal, Registration and Reference Fee Standard)

The fee standard for appraising a collateral, registering a mortgage and referencing to registration documents, which are set by the
Municipal Real Estate Administration, shall be implemented after being verified and approved by the Municipal Bureau of Price Control
and the Municipal Finance Bureau.

   Article 63 (The Supplementary Mortgage Registration)

In respect of the

REGULATIONS FOR NAVIGATION MARKS

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1995-12-03 Effective Date  1995-12-03  


Regulations of the People’s Republic of China for Navigation Marks



(Promulgated by Decree No.187 of the State Council of the People’s

Republic of China on December 3, 1995, effective as of the date of
promulgation)

    Article 1  The present Regulations have been formulated for the purpose of
strengthening the management and protection of navigation marks, ensuring the
proper functioning of navigation marks and securing the safety of ships
navigating by water.

    Article 2  The present Regulations are applicable to navigation marks
installed within the territory of the People’s Republic of China and other
territorial waters under the jurisdiction thereof.

    The navigation marks as referred to in the present Regulations are
navigation-assisting installations used for location of vessels, navigation of
vessels and other special purposes, and include visual navigation marks, radio
navigation facilities and acoustic navigation marks.

    Article 3  The administrative department under the State Council
responsible for communications shall be held responsible for the management
and protection of all navigation marks excluding those for fishing and
military purposes. The channels management organs for drainage areas and the
harbor superintendency organs for sea areas established by the administrative
department under the State Council responsible for communications, and the
communications administrations of the regional people’s governments above the
county level shall be responsible for the management and protection of all the
navigation marks erected under their respective jurisdictions excluding those
for fishing and military purposes. The channels management organs for drainage
areas and the harbor superintendency organs for sea areas established by the
communications administrations and the administrative departments responsible
for communications under the State Council are generally referred to as
superintendency organs for navigational marks.

    Military superintendency organs for navigation marks and fishery harbor
superintendency organs shall exercise authority as navigation marks organs for
the management and protection of military and fishery navigation marks.

    Article 4  The management and protection of navigation marks shall comply
with the principles of unified management, responsibility divided up among
different levels and combined protection by both the instituted organs and the
masses.

    Article 5  All units and individuals have a duty to protect navigation
marks.

    Any action that is detrimental to the safety or the efficiency of
navigation marks shall be banned.

    All units and individuals shall have the right to prohibit, inform against
or sue any action that is detrimental to the safety or the functional
efficiency of navigation marks.

    Article 6  Navigation marks, except those marks provided for in the second
paragraph of the present Article, shall be installed in a unified manner by
the superintendency organs.

    Specialized units may act on their own to install special navigation
marks. The installation, dismantling, relocation or other changes to said
navigation marks shall be subject to the approval of the superintendency organ
for navigation marks.

    Article 7  Superintendency organs for navigation marks and specialized
units shall install navigation marks according to relevant national
regulations and technical standards.

    Article 8  Superintendency organs for navigation marks shall report to the
relevant departments when installing, dismantling, moving or making any other
changes to navigation marks.

    Article 9  Superintendency organs for navigation marks and specialized
units shall be responsible for their respective navigation mark installations
and guarantee the proper functioning of the navigation marks.

    Article 10  Any unit or individual, upon discovering any incidence of
damage, dysfunction, movement, or drifting of navigation marks, shall
immediately report to the superintendency organ for navigation marks.

    Article 11  No unit or individual may erect any lighting or sound devices
that may be mistaken for navigation marks.

    Article 12  If the relocation or dismantling of navigation marks is
necessary for the sake of construction operations, such action shall be
subject to the approval of the superintendency organ for navigation marks and
substitute measures shall be taken before the relocation or dismantling is
conducted. The expenses for the relocation or dismantling shall be borne by
the party carrying out the construction.

    Article 13  No building or structure that would impair the normal
functional efficiency of navigation marks may be constructed along the visual
orientation of visual navigation marks or along the transmission orientation
of radio navigation devices; no plant that will affect the normal functional
efficiency of navigation marks may be grown.

    Article 14  Vessels shall maintain a certain distance from navigation
marks when they are navigating by water and may not strike navigation marks.

    If a navigation mark is struck by a vessel, the incident shall be
immediately reported to the superintendency organ for navigation marks.

    Article 15  The following actions that are detrimental to navigation marks
shall be prohibited.

    (1) Stealthily or openly plundering or otherwise illegally occupying
navigation marks or equipment for navigation marks;

    (2) Illegally moving, climbing on or painting navigation marks;

    (3) Shooting or throwing things at navigation marks;

    (4) Placing things on or against navigation marks; hitching livestock,
vessels, fishing equipment or explosives to navigation marks;

    (5) Any other action detrimental to navigation marks.

    Article 16  Any action that damages the supplementary facilities of
navigation marks shall be prohibited.

    The term “supplementary facilities” in the above paragraph refers to all
facilities set up for the supply of energy, water and other materials
necessary for navigation marks and management personnel, including the sites
of navigation marks, terraces for the landing of helicopters, debarkation
points, harbors, landing stages, water towers, oil (water) pumps, electricity
installations, office buildings, roads and storehouses for special uses, etc.

    Article 17  The following actions that would affect the functional
efficiency of navigation marks shall be prohibited:

    (1) Drilling, digging, excavating earth or stone, piling up materials or
operating lighting within 20 meters of navigation marks or on the ground under
which pipelines or circuits for navigation marks are erected;

    (2) Conducting demolition with 150 meters of navigation marks;

    (3) Burning grass on waste land within 500 meters of navigation marks;

    (4) Erecting or operating near radio navigation marks installations which
emit high-frequency electromagnetic radiation or devices that would affect the
functional efficiency of the radio navigation installations;

    (5) Suspending other power or communication lines from the aerial lines of
navigation marks;

    (6) Dropping anchor, drawing anchor, fishing or cultivating aquatic
animals near navigation marks;

    (7) Any other action that would affect the functional efficiency of
navigation marks.

    Article 18  Any unit or individual that commits any of the following acts
shall be rewarded by the navigation marks superintendency organ:

    (1) Informing or suing against an action detrimental to navigation marks,
thus contributing to the resolution of the case;

    (2) Timely preventing actions that would have caused damage to navigation
marks; preventing accidents from occurring or reducing losses;

    (3) Salvaging drifting navigation marks and returning them to the
superintendency organ for navigation marks.

    Article 19  In the event that a special navigation mark is installed,
dismantled, moved or otherwise altered without authorization counter to the
provisions of the second paragraph of Article 6 of the present Regulations,
the superintendency organ for navigation marks shall order that the special
navigation mark be dismantled, re-installed or adjusted within a specified
period of time.

    Article 20  If any of the following actions occur, the superintendency
organ for navigation marks shall order that a correction be made or remedial
measures be taken within a specified period of time:

    (1) Erection of lighting or sound devices near navigation marks counter to
provisions in Article 11 of the present Regulations;

    (2) Construction of buildings or structures or growing of plants counter
to provisions in Article 13 of the present Regulations.

    Article 21  If a vessel strikes a navigation mark but fails to report the
matter to the superintendency organ for navigation marks counter to provisions
in the second paragraph of Article 14 of the present Regulations, the
superintendency organ for navigation marks may impose a fine of up to 20,000
yuan in light of individual circumstances. If a loss is incurred, compensation
shall be made according to law.

    Article 22  If an offense is committed counter to the provisions of
Article 15, Article 16 or Article 17 such that a navigation mark or its
supplementary facility is wrecked or the functional efficiency of a navigation
mark is affected, the superintendency organ for navigation marks shall order
that a correction be made within a specified period of time, shall issue a
warning and may further impose a fine of up to 2,000 yuan. If a loss is
incurred, compensation shall be made according to law.

    Article 23  If an offense is committed counter to the present Regulations
such that a military navigation mark or its supplementary facility is damaged
or the functional efficiency of a military navigation mark is affected, and a
fine should be imposed, the military superintendency organ for navigation
marks shall turn the case over to the superintendency organ for navigation
marks for imposition of the punishment.

    Article 24  If a violation of the present Regulations constitutes an
offense counter to public security management regulations, it shall be
punished according to the Regulations of the People’s Republic of China on
Public Security Management and Penalties. If the violation constitutes a
crime, criminal responsibility shall be assessed according to law.

    Article 25  The present Regulations come into effect as of the date of
promulgation.






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON REVISING THE THE PREVENTION AND CONTROL OF ATMOSPHERIC POLLUTION (ATTACHED WITH THE FIRST REVISION OF THE LAW ON THE PREVENTION AND CONTROL OF ATMOSPHERIC POLLUTION)

Category  ENVIRONMENTAL PROTECTION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1995-08-29 Effective Date  1995-08-29  


Decision of the Standing Committee of the National People’s Congress on Revising the Law of the People’s Republic of China on the
Prevention and Control of Atmospheric Pollution (Attached With the First Revision of the Law of the People’s Republic of China on
the Prevention and Control of Atmospheric Pollution)

Decision
Appendix: Law of the People’s Republic of China on the Prevention
Contents
Chapter I  General Provisions
Chapter II  Supervision and Management of the Prevention and Control of
Chapter III  Prevention and Control of Pollution from Burning Coal
Chapter IV  Prevention and Control of Pollution by Waste Gas, Dust and
Chapter V  Legal Liability
Chapter VI  Supplementary Provisions

(Adopted at the 15th Meeting of the Standing Committee of the

Eighth National People’s Congress on August 29, 1995, and promulgated
by Order No.54 of the President of the People’s Republic of China on
August 29, 1995)
Decision

    The 15th Meeting of the Standing Committee of the Eighth National
People’s Congress has resolved to make the following amendments to the
Law of the People’s Republic of China on Prevention and Control of
Atmospheric Pollution:

    1. One paragraph shall be added to Article 8 as the first
paragraph: “The state shall adopt economic and technological policies
and measures which are advantageous to the prevention and control of
atmospheric pollution and to relevant comprehensive utilization
activities.”

    2. One article shall be added as Article 9: “The people’s
governments at various levels shall strengthen the work of tree
planting and urban afforestation, and try to improve the quality of
the atmospheric environment.”

    3. One article shall be added as Article 15: “Enterprises shall
give priority to the adoption of clean production technology with
which a relatively high utilization ratio of energy can be realized
and the discharged pollutants can be decreased so as to reduce the
production of atmospheric pollutants.

    “The state shall adopt an elimination system towards those
backward productive technologies and equipment which may cause serious
atmospheric pollution.

    “The competent department of economy under the State Council, in
conjunction with other relevant departments under the State Council,
shall publish a list of technologies which may cause serious
atmospheric pollution and the adoption of which must be halted within
a specified time limit, and a list of equipment which may cause
serious atmospheric pollution and the production, sale, import and use
of which must be halted within a specified time limit.

    “The producers, sellers, importers and users must, within the
time limit prescribed by the competent department of economy under the
State Council in conjunction with other relevant departments under the
State Council, stop the production, sale, import or use of any
equipment placed on the list mentioned in the preceding paragraph. The
user of such productive technology must, within the time limit
prescribed by the competent department of economy under the State
Council in conjunction with other relevant departments under the State
Council, stop the adoption of the productive technology placed on the
list mentioned in the preceding paragraph.

    “The equipment eliminated under the two preceding paragraphs
shall not be transferred to others for use.”

    4. One article shall be added as Article 24: “The state shall
pursue coal washing processing so as to reduce the sulfur content and
ash content of coal, and shall restrict the mining of coal with high
sulfur content and high ash content. With regard to newly developed
coal mines of coal with high sulfur content and high ash content,
appropriate coal washing facilities must be installed so as to make
the coal meet the statutory standards with respect to the sulfur
content and ash content.

    “With regard to those already established coal mines of coal with
high sulfur content and high ash content, appropriate coal washing
facilities must be installed within a time limit according to the
program approved by the State Council.

    “The mining of coal containing poisonous and harmful substances
such as radioactive matter and arsenic in excess of the limits
prescribed by the statutory standards shall be prohibited.”

    5. One article shall be added as Article 25: “The people’s
governments of large and medium cities shall work out a plan which
shall set a time limit within which raw coal shall progressively be
substituted by sulfur-solidified coal or other clean fuels for urban
residents’ kitchen ranges.”

    6. One article shall be added as Article 26: “With regard to
newly built thermal power plants in urban areas, in the light of needs
and conditions, the production of heating power and the production of
electric power shall be combined, and the heating system shall be
constructed, checked and put into operation in pace with the principal
part of the project.”

    7. One article shall be added as Article 27: “The competent
department of environmental protection under the State Council may, in
conjunction with other departments concerned under the State Council,
in the light of natural conditions such as meteorological phenomena,
topography, soil, etc., and after approval by the State Council,
designate areas where acid rain has appeared or is likely to appear or
other areas where sulfurous anhydride pollution is serious, as acid
rain control areas or sulfurous anhydride pollution control areas.

    “With regard to a thermal power plant or other large or medium
plants discharging sulfurous anhydride in acid rain control areas or
sulfurous anhydride pollution control areas, if it is a new
construction project and using coal with a low sulfur content is
impossible, it shall install the appropriate desulfurization and
cleaning facilities or adopt other measures to control the discharge
of sulfurous anhydride and make the coal clean; if it is an old plant
and does not use coal with a low sulfur content, it shall adopt
measures to control the discharge of sulfurous anhydride and make the
coal clean. The state shall encourage enterprises to adopt advanced
desulfurization and cleaning technology.

    “Enterprises shall progressively adopt measures to control
nitrogen oxide produced by burning coal.”

    8. One article shall be added as Article 36: “Operators of
catering businesses in urban areas must comply with provisions of the
State Council concerning environmental protection with respect to the
catering trade, and take measures to protect the neighboring
residents’ living environment from lampblack pollution.”

    9. One article shall be added as Article 38: “The state shall
encourage and support the production and use of high-grade lead-free
gasoline, and restrict the production and use of leaded gasoline.

    “The competent department concerned under the State Council shall
work out a program, reducing step by step the output of leaded
gasoline till stopping the production and use of leaded gasoline.”

    10. One article shall be added as Article 40: “Where anyone, in
violation of provisions of Article 15 of this Law, produces, sells,
imports or uses equipment which is prohibited from production, sale,
importation and uses or adopts technology the adoption of which is
prohibited, the competent department of economy of the people’s
government at or above the county level shall order the offender to
make corrections; in serious cases, the competent department of
economy of the people’s government at or above the county level shall
submit suggestions for the suspension of operations or closure of the
offender to the people’s government at the same level, and the latter
shall make a decision thereon within the limit of their function and
power set by the State Council.”

    11. The post_title of Chapter III shall be revised as: “Prevention and
Control of Pollution from Burning Coal.”

    This Decision shall go into effect as of the date of promulgation.

    The Law of the People’s Republic of China on Prevention and
Control of Atmospheric Pollution shall be revised according to this
Decision and re-promulgated.

Appendix: Law of the People’s Republic of China on the Prevention
and Control of Atmospheric Pollution (Adopted at the 22nd Meeting of the
Standing Committee of the Sixth National People’s Congress on September
5, 1987, and amended according to the Decision of the Standing Committee
of the National People’s Congress on Revising the Law of the People’s
Republic of China on the Prevention and Control of Atmonpheric Pollution
promulgated on August 29, 1995)
Contents
Chapter I    General Provisions
Chapter II   Supervision and Management of the Prevention and Control of

             Atmopheric Pollution
Chapter III  Prevention and Control of Pollution from Burning Coal
Chapter IV   Prevention and Control of Pollution by Waste Gas, Dust and

             Malodorous Substances
Chapter V    Legal Liability
Chapter VI   Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is formulated for the purpose of preventing and
controlling atmospheric pollution, protecting and improving people’s
environment and the ecological environment, safeguarding human health, and
promoting the development of socialist modernization.

    Article 2  The State Council and the local people’s governments at various
levels must incorporate the protection of the atmospheric environment into the
national economic and social development plans, make rational plans for the
distribution of industry, strengthen scientific research on the prevention and
and control of atmospheric pollution, adopt preventive and curative measures
against atmospheric pollution, and protect and improve the atmospheric
environment.

    Article 3  The environmental protection departments of the people’s
governments at various levels shall be the organs conducting unified
supervision and management of the prevention and control of atmospheric
pollution.

    The administrative departments of public security, transportation,
railways and fishery at various levels shall, by performing their respective
functions, conduct supervision and management of the atmospheric pollution
caused by motorized vehicles and vessels.

    Article 4  Units that discharge atmospheric pollutants must comply with
the relevant state provisions and take measures to prevent and control
pollution.

    Article 5  All units and individuals shall have the obligation to protect
the atmospheric environment and shall have the right to report on or file
charges against units or individuals that cause pollution to the atmospheric
environment.

    Article 6  The environmental protection department under the State Council
shall establish the national standards for atmospheric environment quality.

    The people’s governments of provinces, autonomous regions and
municipalities directly under the Central Government may establish their local
standards for items not specified in the national standards for atmospheric
environment quality and report the same to the environmental protection
department under the State Council for the record.

    Article 7  The environmental protection department under the State Council
shall, in accordance with the national standards for atmospheric environment
quality and the country’s economic and technological conditions, establish the
national standards for the discharge of atmospheric pollutants.

    The people’s governments of provinces, autonomous regions and
municipalities directly under the Central Government may establish their local
discharge standards for items not specified in the national standards for the
discharge of atmospheric pollutants; with regard to items already specified in
the national standards for the discharge of atmospheric pollutants, they may
set local discharge standards which are more stringent than the national
discharge standards and report the same to the environmental protection
department under the State Council for the record.

    Units that discharge atmospheric pollutants in areas where the local
discharge standards have been established shall observe such local standards.

    Article 8  The state shall adopt economic and technological policies and
measures which are advantagious to the prevention and control of atmospheric
pollution and to relevant comprehensive utilization activities.

    Units or individuals that have made outstanding achievements in
the prevention and control of atmospheric pollution or in the protection and
improvement of the atmospheric environment shall be rewarded by the people’s
governments at various levels.

    Article 9  The people’s governments at various levels shall strengthen
the work of tree planting and urban afforestation, and try to improve the
quality of the atmospheric environment.
Chapter II  Supervision and Management of the Prevention and Control of
Atmopheric Pollution

    Article 10  New construction projects, extensions or reconstruction
projects which discharge atmospheric pollutants shall be governed by the state
provisions concerning environmental protection for such projects.

    The environmental impact statement on a construction project must assess
the atmospheric pollution the project is likely to produce and its impact on
the ecosystem and stipulate the preventive and curative measures; the
statement shall be submitted, according to the specified procedure, to the
environmental protection department concerned for examination and approval.

    When a construction project is to be put into operation or to use, its
facilities for the prevention of atmospheric pollution must be inspected by
the environmental protection department; construction projects that do not
fulfill the requirements specified in the state provisions concerning
environmental protection for such construction projects shall not be permitted
to be put into operation or to use.

    Article 11  Units that discharge atmospheric pollutants must, pursuant to
the provisions of the environmental protection department under the State
Council, report to the local environmental protection department its existing
discharge and treatment facilities for pollutants and the categories,
quantities and concentrations of pollutants discharged under normal operation
conditions and submit to the same department the relevant technical data
concerning the prevention and control of atmospheric pollutants.

    Units shall report in time on any substantial change in the categories,
quantities or concentrations of the pollutants discharged. When pollutant
treatment facilities are to be dismantled or left idle, permission from the
local environmental protection department must be obtained.

    Article 12  If the discharge of pollutants by a unit exceeds the
prescribed standards, it shall take effective measures to control the
pollution and pay a fee for excessive discharge according to state provisions.
The fee thus levied must be used for the prevention and control of pollution.

    If an enterprise or institution causes severe atmospheric pollution, it
shall be ordered to eliminate and control the pollutants within a certain
period of time.

    Article 13  Within the scenic or historic sites, nature reserves and other
zones that need special protection, as designated by the State Council and the
people’s governments of provinces, autonomous regions and municipalities
directly under the Central Government, no industrial production installations
that cause environmental pollution shall be built; other installations to be
built in these areas must not exceed the prescribed standards for pollutant
discharge. Enterprises and institutions which, before the enforcement of this
Law, have built installations discharging more pollutants than those specified
by the prescribed discharge standards shall be ordered to eliminate and
control such pollution within a certain period of time.

    Article 14  For enterprises or institutions under the jurisdiction of a
people’s government at or below the city or county level, a deadline for the
elimination or control of pollution shall be proposed by the environmental
protection department of the people’s government at the city or county level
and shall be reported to the people’s government at the corresponding level
for decision. For enterprises and institutions directly under the jurisdiction
of the Central Government or the people’s government of a province, an
autonomous region or a municipality directly under the Central Government,
such a deadline shall be proposed by the environmental protection department
of the people’s government of a province, an autonomous region or a
municipality directly under the Central Government and shall be reported to
the people’s government at the corresponding level for decision.

    Article 15  Enterprises shall give priority to the adoption of clean
production technology with which a relatively high utilization ratio of
energy can be realized and the discharged pollutants can be decreased so as
to reduce the production of atmospheric pollutants.

    The state shall adopt an elimination system towards those backward
productive technologies and equipment which may cause serious atmospheric
pollution.

    The competent department of economy under the State Council, in
conjunction with other relevant departments under the State Council, shall
publish a list of technologies which may cause serious atmospheric pollution
and the adoption of which must be halted within a specified time limit, and a
list of equipment which may cause serious atmospheric pollution and the
production, sale, import and use of which must be halted within a specified
time limit.

    The producers, sellers, importers and users must, within the time limit
prescribed by the competent department of economy under the State Council in
conjunction with other relevant departments under the State Council, stop the
production, sale, import or use of any equipment placed on the list mentioned
in the preceding paragraph. The user of such productive technology must,
within the time limit prescribed by the competent department of economy under
the State Council in conjunction with other relevant departments under the
State Council, stop the adoption of the productive technology placed on the
list mentioned in the preceding paragraph.

    The equipment eliminated under the two preceding paragraphs shall not be
transferred to others for use.

    Article 16  Any unit that, as a result of an accident or any other
exigency, discharges or leaks toxic or harmful gas or radioactive substances,
thereby causing or threatening to cause an accident of atmospheric pollution
and jeopardize human health, must promptly take emergency measures to prevent
and control the atmospheric pollution hazards, make the situation known to
such units and inhabitants as are likely to be endangered by the atmospheric
pollution hazards, report the case to the local environmental protection
department and accept its investigation and disposal.

    Under the urgent circumstances of a severe atmospheric pollution that
jeopardizes human health and safety, the local people’s government must take
compulsory emergency measures, including ordering the pollutant discharging
units concerned to stop the discharge of pollutants.

    Article 17  The environmental protection departments and other supervisory
and management departments shall be empowered to make on-site inspections of
units under their jurisdiction that discharge pollutants. The units being
inspected must truthfully report the situation to them and provide them with
the necessary information. The inspecting authorities shall have the
obligation to keep confidential the technological know-how and business
secrets of the units inspected.

    Article l8  The environmental protection department under the State
Council shall set up a monitoring system for atmospheric pollution, organize
a monitoring network and work out unified monitoring measures.
Chapter III  Prevention and Control of Pollution from Burning Coal

    Article 19  The competent department concerned under the State Council
shall, pursuant to the standards for boiler soot discharge prescribed by the
state, stipulate corresponding requirements in the boiler quality standards;
boilers that do not meet the prescribed requirements shall not be permitted to
be manufactured, sold or imported.

    Article 20  The soot discharge of newly built industrial kilns and
newly installed boilers shall not exceed the prescribed discharge standards.

    Article 21  Urban construction shall be conducted on the basis of overall
planning, the unified provision of heat sources and the development of
central heating.

    Article 22  The relevant departments under the State Council and the local
people’s governments at various levels shall adopt measures to improve the
urban fuel structure, develop urban gas supply, and popularize the production
and utilization of shaped coal.

    Article 23  When coal, gangue, coal cinder, coal ashes or lime is stored
in densely inhabited areas, fire and dust prevention measures must be taken
in order to prevent atmospheric pollution.

    Article 24  The state shall pursue coal washing processing so as to reduce
the sulfur content and ash content of coal, and shall restrict the mining of
coal with high sulfur content and high ash content. With regard to newly
developed coal mines of coal with high sulfur content and high ash content,
appropriate coal washing facilities must be installed so as to make the coal
meet the statutory standards with respect to the sulfur content and ash
content.

    With regard to those already established coal mines of coal with high
sulfur content and high ash content, appropriate coal washing facilities must
be installed within a time limit according to the program approved by the
State Council.

    The mining of coal containing poisonous and harmful substances such as
radioactive matter and arsenic in excess of the limits prescribed by the
statutory standards shall be prohibited.

    Article 25  The people’s governments of large and medium cities shall
work out a plan which shall set a time limit within which raw coal shall
progressively be substituted by sulfur-solidified coal or other clean fuels
for urban residents’ kitchen ranges.

    Article 26  With regard to newly built thermal power plants in urban
areas, in the light of needs and conditions, the production of heating power
and the production of electric power shall be combined, and the heating
system shall be constructed, checked and put into operation in pace with the
principal part of the project.

    Article 27  The competent department of environmental protection under
the State Council may, in conjunction with other departments concerned under
the State Council, in the light of natural conditions such as meteorological
phenomena, topography, soil, etc., and after approval by the State Council,
designate areas where acid rain has appeared or is likely to appear or other
areas where sulfurous anhydride pollution is serious, as acid rain control
areas or sulfurous anhydride pollution control areas.

    With regard to a thermal power plant or other large or medium plants
discharging sulfurous anhydride in acid rain control areas or sulfurous
anhydride pollution control areas, if it is a new construction project and
using coal with a low sulfur content is impossible, it shall install the
appropriate desulfurization and cleaning facilities or adopt other measures
to control the discharge of sulfurous anhydride and make the coal clean; if
it is an old plant and does not use coal with a low sulfur content, it shall
adopt measures to control the discharge of sulfurous anhydride and make the
coal clean. The state shall encourage enterprises to adopt advanced
desulfurization and cleaning technology.

    Enterprises shall progressively adopt measures to control nitrogen oxide
produced by burning coal.
Chapter IV  Prevention and Control of Pollution by Waste Gas, Dust and
Malodorous Substances

    Article 28  The discharge of toxic waste gas and dust into the atmosphere
shall be strictly restricted. When such discharge is really necessary, the
discharged gas or dust shall undergo purification treatment and shall not
exceed the prescribed discharge standards.

    Article 29  Inflammable gas engendered during industrial production shall
be recovered for utilization; if such gas is discharged into the atmosphere
due to the absence of the means of recovery for utilization, it shall undergo
treatment for the prevention and control of pollution.

    The discharge into the atmosphere of converter gas, acetylene, yellow
phosphoric tail gas engendered by the electric furnace process, and organic
hydrocarbon tail gas must be reported to the local environmental protecttion
department for approval.

    When the discharge of inflammable gas is really necessary because of the
malfunctioning of the recovery and re-use installations, the inflammable gas
discharged shall be fully burnt, or other measures shall be taken, to reduce
atmo atmospheric pollution.

    Article 30  Units that discharge sulphide-bearing gas in the process of
refining petroleum, producing synthetic ammonia or coal gas, cooking fuel coal
and smelting non-ferrous metal shall be equipped with desulfurizing
installations or shall adopt other measures for desulfurization.

    Article 31  The discharge of gases and aerosols containing radioactive
substances into the atmosphere must comply with state provisions on
radioactivity protection and must not exceed the prescribed discharge
standards.

    Article 32  Units that discharge malodorous gases into the atmosphere must
take measures to prevent the pollution of neighboring residential areas.

    Article 33  Units that discharge dust into the atmosphere must adopt
measures to remove such dust.

    Article 34  The burning of asphalt, asphalt felt, rubber, plastics,
leather and other materials that may produce toxic or harmful smoke or dust or
malodorous gases in densely inhabited areas shall be prohibited; when, under
special circumstances, such burning is really necessary, it must be reported
to the local environmental protection department for approval.

    Article 35  In the transportation, loading and unloading, and storage of
substances that may diffuse toxic or harmful gases or dust, sealing or other
protective measures must be taken.

    Article 36  Operators of catering businesses in urban areas must comply
with provisions of the State Council concerning environmental protection
with respect to the catering trade, and take measures to protect the
neighboring residents’ living environment from lampblack pollution.

    Article 37  Motorized vehicles and vessels shall not be permitted to
discharge atmospheric pollutants in excess of the prescribed discharge
standards; measures shall be taken to deal with motorized vehicles and vessels
that discharge atmospheric pollutants in excess of

CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...