REGULATIONS ON THE MANAGEMENT AND EPLOYMENT OF FOREIGNERS IN CHINA

INTERIM PROVISIONS ON ADMINISTRATION OF ENVIRONMENTAL PROTECTION IN CASES OF WASTES IMPORT

The State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs, the State Administration for Industry and Commerce

Notice of the State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs and the State Administration for Industry and Commerce on Interim Provisions on Administration of Environmental Protection
in Cases of Wastes Import

Huan Kong [1996] No. 204

The environmental protection administration of every province, autonomous region, municipality directly under the Central Government
and every city specifically designated in the state plan, the Foreign Economic and Trade Commission (or Bureau), the Administration
for Industry and Commerce, the Sub-Administration of Customs of Guangdong, the customs offices directly affiliated to the General
Administration of Customsthe commodity inspection bureau directly affiliated to the State Commodity Inspection Bureau, the municipal
special commissioners offices of the Ministry of Foreign Trade and Economic Cooperation:

Interim Provisions on Administration of Environmental Protection in Cases of Wastes Import are hereby promulgated and please carry
out.

Notice is hereby given.

The State Environmental Protection Administration

The Ministry of Foreign Trade and Economic Cooperation

The General Administration of Customs

The State Administration for Industry and Commerce

March 1, 1996

Interim Provisions on Administration of Environmental Protection in Cases of Wastes Import

Chapter I General Provisions

Article 1

These Provisions are formulated in accordance with the Law of the People’s Republic of China on the Prevention and Control of Solid
Wastes Pollution to the Environment and relevant laws and for the purposes of strengthening the environmental management on import
of wastes and preventing the environmental pollution caused by imported wastes.

Article 2

These Provisions are applicable to the activities of import of wastes and environmental supervision and management within the territory
of the People’s Republic of China.

Article 3

It is forbidden to dump, pile or dispose of wastes imported from abroad in China.

Import of wastes that could be used as raw materials is restricted and, if import of such wastes is necessary, it must be governed
by these Provisions.

Article 4

All units and individuals have the right to expose units which illegally import wastes to the competent administrative departments
of environmental protection, competent departments of foreign trade and economic cooperation, Customs, import/ export commodity inspection
departments, administrative departments for industry and commerce and judicial organs.

Article 5

The State Environmental Protection Administration exercises supervision and control over import of wastes throughout the country.

The competent administrative departments of environmental protection of local people’s governments at various levels exercise supervision
and control over import of wastes within their respective jurisdictions according to these Provisions, and have the power to make
on-spot inspection into units engaging in import business activities of wastes.

Article 6

The State Environmental Protection Administration, jointly with the Ministry of Foreign Trade and Economic Cooperation and the General
Administration of Customs, formulate, adjust and announce the List of Wastes Restricted by the State for Import as Raw Materials
(Attachment 1).

The State Administration for Import and Export Commodity Inspection, together with the State Environmental Protection Administration,
formulate the standards for compulsory inspection over imported wastes.

Article 7

The competent departments of foreign trade and economic cooperation, Customs, import/export commodity inspection departments and administrative
departments for industry and commerce exercise supervision and control over import of wastes and related business activities within
their respective scope of duties.

Chapter II Environmental Management on Import of Wastes

Article 8

Import of any waste listed in Attachment 1 must be examined and approved by the State Environmental Protection Administration.

Import of any waste not listed in Attachment 1 of these Provisions (see Article 32 for the scope of wastes) is forbidden.

Article 9

The application and approval procedures for import of wastes are as follows:

(1)

If imports of wastes of H.S. code 7204.1000, 7204.2100, 7204.2900, 7204.3000, 7204.4100, 7204.4900 and 7204.5000 listed in Category
VI of Attachment 1 (hereinafter referred to as wastes of H.S. codes 7204.1000 to 7204.5000) are applied for, the units of import
of wastes or the units of utilization of wastes apply therefore directly to the State Environmental Protection Administration, and
the State Environmental Protection Administration examines and approves such applications.

(2)

If imports of other wastes listed in Attachment 1 are applied for, the units of import of wastes or the units of utilization of wastes
apply therefore to the competent administrative departments of environmental protection under the people’s governments at the city
level in the places where the units of utilization of wastes are located (hereinafter referred to as the competent administrative
departments of environmental protection at the city level), and after they are examined and consented by the competent administrative
departments of environmental protection at the city level and the competent administrative departments of environmental protection
under the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government (hereinafter
referred to as the competent administrative departments of environmental protection at the provincial level), they are reported to
the State Environmental Protection Administration for examination and approval.

Article 10

An application for import of wastes must meet the following requirements:

(1)

The unit applying for import of wastes for use as raw materials must be an enterprise legal person established according to law, and
have the capability in utilizing the imported wastes and corresponding equipment for the prevention and control of pollution; and

(2)

Wastes applied for import have been listed into the List of Wastes Restricted by the State for Import as Raw Materials.

Article 11

The unit applying for import or utilization of wastes listed in Attachment 1 of wastes must submit the following application materials:

(1)

Application Form for Import of Wastes (Attachment 2)(omitted);

(2)

Report on Environmental Risks for Import of Wastes as Raw Materials or Statement on Environmental Risks for Import of Wastes as Raw
Materials.

The above-mentioned application materials must be made in three copies.

Article 12

The competent administrative department of environmental protection accepting an application for import of wastes shall, within five
working days from the date of receiving the application materials for import of wastes, handle the application for import of wastes
respectively as follows:

(1)

If the requirements of Articles 9 and 10 of these Provisions are met, the application for import of wastes shall be accepted;

(2)

If any of the requirements of Article 10 of these Provisions is not met, the application for import of wastes is not accepted and
the reasons are given thereto; or

(3)

If the applicant fails to submit any of the application materials listed in Article 11 of these Provisions, the applicant shall be
notified to submit the supplementary materials within a given time limit. If he fails to do so within the given time limit, it is
deemed as not filing application therefore.

Article 13

The units applying for import or utilization of wastes of H.S. codes 7204.1000 to 7204.5000 in Category VI of Attachment 1 must make
assessments on environmental risks from wastes planned to import for use as raw materials and in the course of their storage, transportation
and utilization, fill in the Statement on Environmental Risks on Import of Wastes and submit it directly to the State Environmental
Protection Administration for examination.

Article 14

The units applying for import or utilization of wastes in Categories II, VII, VIII and IX of Attachment 1 must make assessments on
environmental risks from wastes planned to import for use as raw materials and in the course of their storage, transportation and
utilization, prepare the Report on Environmental Risks on Import of Wastes, and submit it to the competent administrative departments
of environmental protection for examination according to the relevant provisions of the State Environmental Protection Administration.

Article 15

The units applying for import or utilization of wastes in Categories I, III, IV,V and VI other than wastes of H.S. codes 7204.1000
to 7204.5000 of Attachment 1, or the units applying for import of wastes again referred to in Article 14 already approved, must
make assessments on environmental risks from the wastes planned to import for use as raw materials and in the course of their storage,
transportation and utilization, fill in the Statement on Environmental Risks on Import of Wastes, and together with the Application
Form for Import of Wastes, submit them to the relevant competent administrative departments of environmental protection for examination
according to the procedures prescribed in paragraph (2) of Article 9 of these Provisions.

Article 16

The technical requirements and examination procedures for the assessment of environmental risk on import of wastes arc formulated
separately by the State Environmental Protection Administration.

The units undertaking to assess environmental risks on import of wastes must obtain the Qualification Certificate for Assessment of
Environmental Risks on Import of Wastes issued by the State Environmental Protection Administration.

Article 17

The competent administrative departments of environmental protection at the city or provincial level accepting applications for import
of wastes shall, within 10 working days from the date of receiving the application materials for import of wastes, produce their
examination comments and notify applicants.

Article 18

Within 10 working days from the date of receiving the directly accepted application materials for import of wastes or the application
materials for import of wastes transmitted by the competent administrative departments of environmental protection at the provincial
level, the State Environmental Protection Administration shall make decisions of approval or disapproval and notify applicants.

If an application for import of wastes is approved, the State Environmental Protection Administration issues the Certificate of Approval
for Import of Wastes (Attachment 3)(omitted).

Article 19

When necessary, the State Environmental Protection Administration may organize experts for discussion or solicit opinions of related
departments in the course of examining the application materials for import of wastes.

Article 20

The valid term of the Certificate of Approval for Import of Wastes issued by the State Environmental Protection Administration is
one year.

Article 21

The Customs must give clearance for wastes listed in Attachment 1 only according to the Certificate of Approval for Import of Wastes
issued by the State Environmental Protection Administration and the inspection certificate issued by the of import/export commodity
inspection agencies in the places of ports.

Article 22

The units of import of wastes and the units of utilization of wastes must fill in the Report on Import of Wastes for the wastes imported
each quarter (Attachment 4)(omitted), and submit them to the competent administrative departments of environmental protection at
the city level in the places where the units of utilization of wastes are located.

The units of utilization of wastes must, according to the requirements of the Report on Environmental Risks of Import of Wastes or
the Statement of Environmental Risks of Import of Wastes, prevent and control any pollution to the environment caused by the imported
wastes.

Article 23

The import/export commodity inspection agency shall, whenever discovering any possible pollution to the environment by imported wastes
in conducting inspection, timely notify and transfer the case to the local competent administrative department of environmental protection
and Customs for handling according to law.

Article 24

If a processing or production project which utilizes imported wastes as raw materials is constructed, the construction unit must make
an assessment of environmental risks, prepare the Report on Environmental Risks of Import of Wastes, and after the competent administrative
departments of environmental protection at the city level and the provincial level in the place where the construction project is
located produce their comments, submit it to the State Environmental Protection Administration for examination.

Article 25

The units engaging in the processing and utilization of wastes in Category VII of Attachment 1 must be the wastes processing and utilization
units approved by the State Environmental Protection Administration.

Article 26

An enterprise applying to engage in import, operation, processing or utilization of wastes listed in Attachment 1 must submit the
document of approval issued by the State Environmental Protection Administration, and without such document of approval issued by
the State Environmental Protection Administration; the administrative department for industry and commerce may not approve its registration.

Enterprises already engaged in the operation activities of imported wastes prior to the operation of these Provisions must, according
to the provisions of Document No [1995] 54 of the General Office of the State Council, apply to the State Environmental Protection
Administration for examination and approval.

Chapter III Penalty Provisions

Article 27

Anyone who, in violation of these Provisions, moves wastes from abroad into China for dumping, piling or disposals, or imports wastes
for use as raw materials without approval by the State Environmental Protection Administration, is punished according to Article
66 of the Law of the People’s Republic of China on the Prevention and Control of Solid Wastes Pollution to the Environment.

Anyone who, in the name of utilization as raw materials, imports wastes not usable as raw materials is punished according to the provisions
of the preceding paragraph.

Article 28

Solid wastes already illegally moved into China are governed by Article 68 of the Law of the People’s Republic of China on the Prevention
and Control of Solid Wastes Pollution to the Environment.

Article 29

If anyone forges or alters the Certificate of Approval for Import of Wastes of the State Environmental Protection Administration,
the State Environmental Protection Administration imposes a fine of more than 50,000 Yuan but less than 500,000 Yuan thereto and
transfers concurrently to the judicial organ for investigation of criminal responsibility.

Article 30

If anyone, in violation of the provisions of Paragraph (2) of Article 26 of these Provisions, fails to go through the examination
and approval procedures with the State Environmental Protection Administration for import operations of wastes but continues to engage
in import operations of wastes, the Customs may not give clearance to the wastes and order him to transport the wastes back, the
competent department of foreign trade and economic cooperation shall revoke his import operation right according to law, and the
administrative department for industry and commerce shall revoke his business license according to law.

Article 31

Any person engaging in supervision and control on import/export of wastes who abuses his power, neglects his duty or practices favoritism
for personal gains, is given administrative sanctions if his act does not constitute a crime; and if a crime is constituted, criminal
responsibility is investigated according to law.

Chapter IV Supplementary Provisions

Article 32

The definitions of the following terms in these Provisions:

(1)

Scope of wastes:

Solid wastes mean wastes in solid or semi-solid state generated in the production, construction, daily life and other activities,
which pollute the environment.

Industrial solid wastes mean solid wastes generated in such production activities as industry and transportation.

Urban living rubbish means solid wastes generated in the course of urban daily life or activities providing services for urban daily
life as well as those solid wastes that, as stipulated by laws and administrative regulations, are deemed urban living rubbish.

Dangerous wastes mean wastes included in the national lists of dangerous wastes or wastes which, according to the State’s identification
standards and method of dangerous wastes, are determined as having the dangerous property.

(2)

Units of import of wastes mean foreign trade operation units engaging in import of wastes.

(3)

Units of utilization of wastes mean units that actually engage in the processing and utilization of imported wastes.

Article 33

If any provisions on environment management on import of wastes issued by the State Environmental Protection Administration itself
or jointly with relevant departments prior to entry into force of these Provisions contradict these Provisions, such provisions cease
to be implemented.

Article 34

These Provisions are interpreted by the State Environmental Protection Administration jointly with relevant departments.

Article 35

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

Attachment:Relevant Clauses of the Law of the People’s Republic of China on the Prevention and Control of Solid Wastes Pollution to the Environment

Article 66

If anyone, in violation of the provisions of this Law, dumps, piles or disposes of solid wastes moved into China from outside the
territory of China, or imports solid wastes for use as raw materials without approval by the competent department of the State Council,
the Customs orders to transport back and return the said solid wastes and may impose a fine of more than 100,000 Yuan and less than
1,000,000 Yuan concurrently. If anyone evades Customs control, thus constituting a crime of smuggling, criminal responsibility shall
be investigated according to law.

Anyone who, in the name of raw materials utilization, imports solid wastes not usable as raw materials shall be punished according
to the provisions of the preceding paragraph.

Article 68

With regard to the solid wastes already moved into China illegally, the competent administrative departments of environmental protection
of the people’s governments at and above the provincial level shall make proposals on handling them to the Customs according to law,
the Customs shall, according to the provisions of Article 66 of this Law, make decisions on the punishment therefore; if environmental
pollution has already been caused, the competent administrative departments of environmental protection of the people’s governments
at and above the provincial level shall order the importers concerned to eliminate the pollution.

The State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General
Administration of Customs, the State Administration for Industry and Commerce
1996-03-01

REGULATIONS OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF THE CULTURE AND ENTERTAINMENT MARKET

Regulations of Shanghai Municipality on the Administration of the Culture and Entertainment Market

CHAPTER I GENERAL PROVISIONS

CHAPTER II ORGANIZATION AND DUTIES

CHAPTER III APPLICATION AND EXAMINATION AND APPROVAL

CHAPTER IV OPERATION AND MANAGEMENT

CHAPTER V LEGAL LIABILITY

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 1 These Regulations are formulated pursuant to relevant laws of the state and with the particular circumstances of this Municipality
taken into consideration, for the purpose of strengthening the administration of commercial culture and entertainment
establishments and commercial cultural and entertaining operation activities, ensuring the healthy development of the culture
and entertainment market, and enrichining the cultural life of the people.

Article 2 The “commercial culture and entertainment establishments” in these Regulations refer to the following establishments that are
run for the purpose of making profits.

1. Dance halls and Karaoke halls;

2. Music tea house;

3. Video-games arcade;

4. Amusement hall or amusement park;

5. Billiards rooms; and

6. Other culture and entertainment establishments designated by the state or this Municipality.

“Commercial cultural and entertaining operation activities” in these Regulations refer to the followings:

1. Various kinds of commercial performances and shows in commercial culture and entertainment establishments, including fashion
shows;

2. Competition activities of a cultural and entertaining items that are financially helped and supported in the form of payments
of advertising fee or that charge fees on participants;

3. Various kinds of performing activities in commercial dining halls or restaurants; and

4. Intermediary activities of culture and entertainment broker organization and brokers.

Article 3 These Regulations shall apply to the set-up of commercial culture and entertainment establishments, to engagement in operations
of commercial cultural and entertaining operation activities and to the administration of commercial and entertainment
establishment and cultural and entertaining operation activities in this Municipality.

Article 4 The set-up of commercial culture and entertainment establishments and commercial cultural and entertaining operation
activities that are in compliance with the law shall be protected by the law.

All cultural and entertaining operation activities shall be civilized, healthy, benefiting, and secure.

Engagement in the cultural and entertaining operation activities that are detrimental to the interest of the state and the public
interest of the society shall be prohibited.

Article 5 This Municipality shall adopt a licensing system for the set- up and commercial culture and entertainment establishments and for
the operation of cultural and entertaining operation activities.

CHAPTER II ORGANIZATION AND DUTIES

Article 6 The municipal department for the administration of cultural affairs is the competent department responsible for the administration
of the culture and entertainment market. Its main duties are:

1. To implement and enforce relevant laws and regulations of the state and of this Municipality, and to be responsible for the
implementation of these Regulations;

2. To prepare a development plan for the culture and entertainment market of this Municipality, and to exercise macro-scale
regulation and control over it;

3. To be responsible for the supervision and administration of the culture and entertainment market of this Municipality;

4. To be responsible for testing and checking the administrative personnel and other working staff of the culture and
entertainment market;

5. To commend and reward those units and individual persons who have contributed considerably to the prosperity of the
culture and entertainment market; and

6. To punish acts that violate these Regulations.

The Municipal Social and Cultural Affairs Section, directly under the charge of the municipal department for the administration
of cultural affairs, shall be responsible for the specific administration of the culture and entertainment market of this
Municipality. It shall impose administrative penalties within its power delegated in accordance with these Regulations.

Article 7 The district/county department for the administration of cultural affairs shall be responsible for administering the culture
and entertainment market of the district/county and shall be subject to the professional supervision and guidance of the municipal
department for the administration of cultural affairs. Its main duties shall be:

1. To implement and enforce relevant laws and regulations of the state and this Municipality;

2. To prepare the development plan for the culture and entertainment market of the district/county and to organize for the
implementation thereof, pursuant to the municipal development plan for the development of culture and entertainment market;

3. To be responsible for the supervision and administration of the commercial culture and entertainment establishments and
the commercial cultural and entertaining operation activities in the district/county;

4. To commend and reward those units and individual persons who have contributed considerably to the prosperity of the
culture and entertainment market; and

5. To punish acts that violate these Regulations.

Article 8 The various levels of departments for public security, administration of industry and commerce, public health, price control,
finance, taxes, environmental protection and other relevant departments shall perform their respective duties according to
law, and assist and cooperate with the department for the administration of cultural affairs in implementing these Regulations.

CHAPTER III APPLICATION AND EXAMINATION AND APPROVAL

Article 9 To set up or operate a commercial culture and entertainment establishment and to engage in commercial cultural and entertaining
operation activities, one shall apply for approval to the department for the administration of cultural affairs. Without the
approval of the department for the administration of cultural affairs, no one shall be allowed to set up a commercial culture
and entertainment establishment, or engage in commercial cultural and entertaining operation activities.

Article 10 To set up a commercial culture and entertainment establishment, the following requirements shall be met:

1. The person who is to be responsible for the establishment and other relevant personnel shall have obtained the Qualification
Certificate issued by the municipal department for the administration of cultural affairs;

2. The establishment shall have Operation premises and supporting facilities that conform to established standards;

3. The Operation premises shall be safe and reasonable in its architectural structure. Fire prevention and fire fighting
facilities shall be available and effective, and the qualification certificate with respect to fire prevention and fire fighting
shall have been obtained.

4. Facilities of public hygiene, ventilation, noise control, etc. shall meet relevant standards;

5. The establishment shall have the required amount of registered capital; and

6. The establishment shall have a set of necessary management Regulations.

Article 11 To set up a commercial performing team, the following requirements shall be met:

1. Having a person to take charge of the team who is experienced with the Operation and qualified by the municipal department
for the administration of cultural affairs;

2. Having performers who have acquired the Performer’s Certificate issued by the municipal department for the administration
of cultural affairs;

3. Having the necessary musical instruments and programs for show; and

4. Having a set of necessary management system.

Article 12 To set up a commercial fashion-show team, the following requirements shall be met:

1. Having a person to take charge of the team who has the required professional expertise and ability to manage;

2. Having a fixed office, a place for rehearsal, and the necessary equipment for performances;

3. Having performers who have acquired the Performer’s Certificate issued by the municipal department for the administration
of cultural affairs;

4. Having the required amount of funds; and

5. Having a set of necessary management system.

Article 13 Persons performing in the commercial culture and entertainment establishments of this Municipality shall have artistic
and performing talents in one way or another, and shall have been qualified to acquire the Performer’s Certificate after
passing the test and check of the municipal department for the administration of cultural affairs.

If professional performers employed by artistic and performing troupes want to perform in commercial culture and entertainment
establishments, they shall procure permission from their employers, apply to the municipal department for the administration
of cultural affairs for approval, and acquire the Performer’s Certificate.

Article 14 Anyone who sets up a culture and entertainment broker organization shall meet the following requirements:

1. Having a person to take charge of the team who has the required professional expertise and ability to manage, and having
employees who are familiar with the Operation;

2. Having a fixed office and facilities that are commensurate with the Operation scope;

3. Keeping separate accounting, carrying out autonomous operation, and assuming sole responsibility for profits and losses;

4. Having the required amount of registered capital; and

5. Having a set of necessary management system.

Article 15 Culture and entertainment brokers shall have the required level of education and the required experience in the Operation
of culture and entertainment. Specific requirements with respect thereto shall be formulated by relevant departments
under the municipal government.

Article 16 Those who intend to set up commercial culture and entertainment establishments or engage in commercial cultural
and entertaining operation activities shall complete formalities for examination and approval in accordance with the
following provisions:

1. Those who intend to set up commercial culture and entertainment establishments in hotels that are accredited with starts
shall apply to the municipal department for the administration of cultural affairs for approval. The municipal department
for the administration of cultural affairs shall make a decision with respect to the approval within 20 days after it
receives the application, and shall issue a Permit for Cultural Operation to those who meet the requirements.

2. Those who intend to set up commercial culture and entertainment establishments in other places shall apply for approval
to the local district/county department for the administration of cultural affairs. The district/county department for
the administration of cultural affairs shall make a decision with respect to the approval within 10 days after it receives
the application and shall submit the decision to the municipal department for the administration of cultural affairs for verification
and approval. The municipal department for the administration of cultural affairs shall make a written reply within
10 days after it receives the report submitted for verification and approval. The verified and approved applicants shall
receive the Permit for Cultural Operation issued by the district/county department for the administration of cultural affairs.

3. Those who intend to organize and set up commercial performing troupes or commercial teams for fashion shows shall apply to
the municipal department for the administration of cultural affairs for approval. The municipal department for the administration
of cultural affairs shall make a decision with respect to the approval within 15 days after it receives the application,
and shall issue a Performance Permit to those who meet the requirements.

4. Those who intend to establish culture and entertainment broker or organization or those individual persons who intend
to engage in cultural or entertaining brokerage activities as individual persons shall apply to the municipal department
for the administration of cultural affairs for approval. The municipal department for the administration of cultural
affairs shall make a decision with respect to the approval within 30 days after it receives the application, and shall issue
a Permit for Cultural Operation to those who meet the requirements.

Those who have been approved and have acquired the Permit for Cultural Operation shall apply for a Operation license to the local
office of the State Administration of Industry and Commerce in accordance with relevant stipulations of the state.
Those among them who apply for approval to set up commercial cultural and entertainment establishments shall, at the same
time, apply to the departments for public security and for public health for permission with respect to public security and
public sanitation.

Article 17 Those units and individual persons who have set up commercial culture and entertainment establishments or are engaged in commercial
cultural and entertaining operation activities shall complete the formalities for registration of alteration or cancellation
to the relevant administrative authorities in the same procedure as they did when they applied for approval to start Operation,
if they want to alter their mode or scope of business, their business address or legal representative, or if they want
to terminate the business.

CHAPTER IV OPERATION AND MANAGEMENT

Article 18 Commercial culture and entertainment establishments shall exhibit their Permit for Cultural Operation in a conspicuous place.

The person in charge of a commercial culture and entertainment establishment and relevant employees shall carry
with them their Qualification Certificate when they are on the job.

The performing teams, fashion show teams and the performers shall carry with them the Performance Permit and the Performer’s
Certificate when they perform in commercial culture and entertainment establishments.

Article 19 Commercial culture and entertainment establishments shall not invite for performance performing teams that have no Performance
Permit, nor performers who have no Performer’s Certificate.

Commercial culture and entertainment establishments shall not assign jobs to relevant employees such as the person in
charge of the commercial culture and entertainment establishments, and acoustic engineers, etc., who have no Qualification
Certificate.

Article 20 Permits for Cultural Operation, Performance Permits, Performer’s Certificates and Qualification Certificates shall not
be lent, leased, altered or counterfeited.

Permits for Cultural Operation, Performance Permits, Performer’s Certificates and Qualification Certificates shall
be checked and verified annually.

Article 21 For performances in commercial culture and entertainment establishments, the parties concerned shall conclude in writing
a performance contract setting forth the programs to be performed, the time of the performance, the number of performances,
the terms and conditions for profit distribution and the liabilities for breach of the contract. A copy of such contract shall
be submitted to the municipal or district/county departments for the administration of cultural affairs for the record.

Article 22 Commercial culture and entertainment establishments shall not overreach their capacity in selling tickets or in receiving patrons.
The specific standards for determining the capacity of commercial culture and entertainment establishments shall be prescribed
by the municipal department for the administration of cultural affairs.

Article 23 Commercial culture and entertainment establishments shall use laser disks and other audio visual products published and distributed
by audio visual publishers approved by the state.

The types of machines and the content of the games and amusement used in video-games arcade and amusement hall or park shall be
reported to the municipal department for the administration of cultural affairs for examination and verification.

Article 24 Gambling and salacious activities shall be prohibited in commercial culture and entertainment establishments.

Commercial dance halls and video-games arcade shall be prohibited from receiving minors.

Assignment of commercial culture and entertainment establishments on contractual basis shall be prohibited.

Article 25 Commercial culture and entertainment establishments shall act in compliance with the laws and regulations of the state and of
this Municipality with respect to price control, and shall quote the prices in express terms.

Article 26 Performing teams or individual persons from other provinces, the autonomous regions and other municipalities that come to
this municipality for commercial cultural and entertaining operation activities shall bring along their approval
documents issued by the department for the administration of culture and entertainment of the province, the autonomous
region or the municipality in which they are registered, to the department for the administration of cultural affairs of this
Municipality to complete the formalities for conducting commercial cultural and entertaining operation activities therewith.

Article 27 When performing teams or individual persons from foreign countries, Hong Kong Special Administrative Region, Macao Region
and Taiwan Region come to perform at the culture and entertainment establishments of this Municipality, the sponsors
of such activities shall bring along with them the approval documents issued by relevant departments of the state to complete
the formalities for acquiring the Performance Permit with the municipal department for the administration of cultural affairs.

Article 28 Units not having the Permit for Cultural Operation that want to engage in cultural and entertaining operation activities
on a temporary basis shall apply to the municipal department for the administration of cultural affairs for a Temporary
Permit for Cultural Operation.

Article 29 Advertisements of performances released by commercial culture and entertainment establishments shall be truthful, lawful, and
healthy in content. Deceptive and misleading information that aimed-cheating the audience shall be prohibited.

The contents of performance advertisements to be released by units and individual persons engaged in the cultural and entertaining
operation activities shall be verified and approved by the municipal department for the administration of cultural affairs.

Article 30 The municipal department for the administration of cultural affairs shall disqualify the culture and entertainment
broker organizations and brokers, if they have conducted no Operation activities within a year, and shall revoke
their Permit for Cultural Operation. The Administrative department of Industry and Commerce shall cancel their registration.

Article 31 To hold all-Shanghai or interdistrict/county competition activities of cultural and entertaining items that are financially
helped and supported in the form of payments of advertising fee, or that charge application fees on participants, the sponsoring
units shall apply for approval to the municipal department for the administration of cultural affairs. To hold within
a district/county competition activities of cultural and entertaining items, the sponsoring units shall apply for
approval to the department for the administration of cultural affairs of the district/county. Such competition shall not be
held before approval is obtained after examination and verification. Among the competitions, those that are financially helped
and supported in the form of payments of advertising fee must complete the formalities of application, examination and approval
at the Administration of Industry and Commerce.

The proceeds from the financial help and support in the form of payments of advertising fee shall be included in the income of
the sponsoring units and managed in accordance with relevant provisions of the State.

Article 32 No commercial cultural and entertaining operation activities shall be held in public libraries, museums, primary and secondary
schools, premises for children’s activities and other places designated by this Municipality.

Article 33 Units and individual persons that engage in cultural and entertaining operation activities shall submit to the municipal
or district/county department for the administration of cultural affairs their Operation statements and reports for the record.

Article 34 Inspectors of the culture and entertainment market shall inspect the commercial culture and entertainment establishments
and commercial cultural and entertaining operation activities with respect to their compliance with these Regulations.

The inspectors shall show their inspection certificates when performing their official duty.

Article 35 Departments for the administration of cultural affairs shall commend and reward the units or individual persons that have
made contributions either in reporting about or in assisting in the investigation and prosecution of cases involving
illegal commercial cultural and entertaining operation activities.

Article 36 Any of the following acts that violates the provisions of these Regulations, the Municipal Social and Cultural Affairs Section
or the district/county administrative department of cultural affairs shall give a warning, and may impose a fine of not less
than RMB 500 yuan and not more than RMB 50,000 yuan on units (including self-employed workers), a fine of not less
than RMB 50 yuan and not more than RMB 5,000 yuan on individual persons, and confiscate the unlawful gains and illegal property,
if there is any:

1. Failure to carry as required the Performance Permit, the Performer’s Permit, or the Qualification Certificate;

2. Commercial culture and entertainment establishments assign jobs to those in charge of a commercial culture and entertainment
establishment, acoustic engineers, or other relevant working staff, who have no Qualification Certificate;

3. Overreaching one’s capacity in selling tickets or receiving patrons;

4. Exhibiting laser disks and other audio visual products published and distributed by audio visual publishers that have not been
approved by the state.

5. The types of video games machines and the types of amusement machines, the games, and the contents of the games
have not been examined and verified by the municipal department for the administration of cultural affairs.

6. Commercial dance halls or video-games arcades that games receive minors in violation of these Regulations;

7. Making unauthorized changes in the Operation scope, Operation address or legal representative; or

8. Making unauthorized changes in the structure and arrangement of the Operation premises without complying with the requirements
for Operation operations.

Acts in violation of the preceding Section that are serious may be ordered in the meantime by the municipal or district/county
department for the administration of cultural affairs may give an order to suspend Operation and/or revoke the Permit for
Cultural Operation or the Performance Permit, in addition to the above penalties.

Article 37 For any of the following acts that violate the provisions of these Regulations, the Municipal Social and Cultural Affairs Section
or the district/county department for the administration of cultural affairs shall confiscate the unlawful gains and
the illegal property, and impose a fine of not less than RMB 1,000 yuan and not more than RMB 100,000 yuan on units, and
a fine of not less than RMB 200 yuan and not more than RMB 20,000 yuan on individual persons:

1. Setting up or operating a commercial culture and entertainment establishment or engage in commercial cultural and
entertaining operation activities without the required permits;

2. Engaging performing teams or performers that hold no Performance Permit or the Performer’s Certificate;

3. Lending, leasing, altering or counterfeiting the Permit for Cultural Operation, the Performance Permit, the Performer’s Certificate
or the Qualification Certificate;

4. Out of town performing teams or individual persons from the provinces, the autonomous regions and other directly-administered
municipalities come to this Municipality for commercial cultural and entertaining operation activities without completing
the formalities with the municipal department for the administration of cultural affairs; or

5. Arranging, without official approval, for performances by performing teams or individual persons from foreign countries, Hong
Kong Special Administrative Region, Macao Region and Taiwan Region at the culture and entertainment establishments of this
Municipality.

To acts that violate the provisions of the preceding Section and are serious, the municipal or district/county department
for the administration of cultural affairs may give an order to suspend Operation and/or revoke the Permit
for Cultural Operation, the Performance Permit or the Performer’s Certificate, in addition to the above penalties.

Article 38 If the operation of the commercial cultural and entertainment establishments have been assigned on contractual basis, the municipal
or district/county department for the administration of cultural affairs shall temporarily attach or revoke the Permit for
Cultural Operation.

Article 39 Those who perform or exhibit works that are reactionary, obscene or salacious in content, or engage in gambling, in salacious
activities or other activities in commercial cultural and entertaining premises in violation of the Regulations of the People’s
Republic of China on Public Security Administration and Imposition of Punishment shall be pursued by the department for
public security in accordance with the law, and shall be prosecuted for criminal liability if the wrong constitutes a
crime.

Article 40 When the department for the administration of cultural affairs or the Municipal Social and Cultural Affairs Section imposes
administrative penalties on units and individual persons that violate these Regulations, it shall provide a letter of administrative
penalty. For the collected fines and confiscated proceeds, it shall provide a receipt of fines and confiscated proceeds
uniformly printed by the municipal finance department. The collected fines and confiscated proceeds shall be turned
over to the State Treasury.

Within 7 days after the municipal or district/county department for the administration of cultural affairs makes the decision
to revoke the Permit for Cultural Operation, it shall send a copy of such decision to the relevant administrative departments.

Article 41 If the party concerned refuses to accept as final a specific administrative act done by the department for the administration
of cultural affairs or the Municipal Social and Cultural Affairs Section, he/she may apply for administrative review or institute
a legal action in accordance with the Regulations on Administrative Review or the Administrative Litigation Law of the
People’s Republic of China.

If, upon the expiration of the prescribed period of time, the party concerned has neither applied for administrative review
or instituted a legal action with respect to a decision of administrative penalty made by the department for the administration
of cultural affairs or the Municipal Social and Cultural Affairs Section, nor has it performed the administrative decision,
the department for the administration of cultural affairs or the Municipal Social and Cultural Affairs Section may apply
to the People’s Court for enforcement.

Article 42 All members of the working staff of the departments for the administration of cultural affairs and the Municipal Social and Cultural
Affairs Section shall be loyal to their duties and be honest in performing their duties, and shall enforce the law
impartially. Those who neglect their duties, abuse their powers, or commit fraudulent acts for personal gains shall be given
disciplinary sanctions by his work unit or the department in charge thereof. If what they have done constitutes a crime,
those whose wrongful acts constitute a crime shall be prosecuted for the criminal liability in accordance with law.

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 43 Amusement machines mentioned in these Regulations shall mean the machines for games that are examined and checked by the approval
of the municipal department for the administration of cultural affairs, and are allowed to be used by minors.

&nb

CUSTOMS REGALATIONS ON CLEARANCE OF ENTERING AND EXITING PASSENGERS

PRC Customs Regalations on Clearance of Entering and Exiting Passengers

Article 1 This set of regulations has been formulated in accordance with The Customs Law of the PRC and other related laws and regulations.

Article 2 The terms “customs clearance” in this set of regulations refer to the formalities of presenting of declarations by the entering
and exiting passengers to the customs and the checking, duty levying or exempting and letting pass of passengers’ luggage
and goods by the customs in accordance with the law, or other related supervision formalities.

The term “declarations” in this set of regulations refers to the presenting by entering and exiting passengers of written
statements to the customs on the state of luggage and goods they brought in or out in order as to meet their obligations stipulated
in laws and regulations of the PRC Customs.

Article 3 Entering and exiting passengers who are required to go through declaration formalities with the customs shall first submit the
filled- out Entering and Exiting Passengers’ Declaration Form of Luggage of the PRC or other required declaration documents
to the customs at the declaration desk to truthfully declare the state of luggage they bring in or out.

Statements made at other places and times or through other means other than those specified above by the entering and exiting
passengers on the state of their luggage shall not be considered declarations by the customs.

Article 4 The declaration formalities shall be handled by the passengers themselves with the customs. If the passenger entrusts others to
fill in the required forms, he/she shall have his/her own signature in the form. Those entrusted to handle the declaration formalities
shall abide by the related provisions of this set of regulations and bear other related legal responsibilities.

Article 5 When making declarations with the customs, the entering and exiting passengers shall present valid traveling papers
and identification documents and submit for verification certificates issued by responsible PRC departments approving the
import/export of the pertaining goods as well as business vouchers and other necessary documents.

Article 6 Duplicates of the declaration papers and other special declaration papers after cleared and sealed by the customs shall
be well kept by the passengers concerned during their effective period or during the customs supervision period and are to
be actively presented when applying for collection, divide or transshipment of the luggage, or purchase of duty or duty-free
foreign exchange goods or going through other formalities by the passengers.

Article 7 At sites under the supervision of the customs, special declaration desks shall be established along the customs channels
for the passengers to declare incoming or exiting goods.

Sites under the supervision of the customs upon approval by the PRC Customs to practise double-channel systems can establish
separately “declaration channel” (or red channel) and “non-declaration channel” (or blue channel) for the choice of the entering
and exiting passengers in accordance with their status.

Article 8 The following categories of entering passengers shall declare with the customs and submit declaration papers to the customs for
goods entrance formalities:

1. passengers bringing with goods that have to be levied duties by the customs or are in restricted quantity of duty-free listed
in the second, third and fourth categories of the Classification Table of Goods Carried by Entering and Exiting Passengers
(excluding limited quantities of duty-free cigarettes and wines);

2. non-resident passengers or resident passengers with re-entry visas of the forwarding countries (regions) bringing with more
than one of each of the following personal effects: cameras, portable cassette players and recorders, small cinecameras,
camcorders, portable word processors;

3. passengers bringing with more than RMB 6,000 or gold and silver products heavier than 50 grams;

4. non-resident passengers bringing with foreign exchange cash valued at more than US$5,000;

5. resident passengers bringing with foreign exchange cash valued at over US$1,000;

6. passengers bringing with goods or goods samples exceeding the limit of personal consumption; and

7. passengers bringing with animals, plants or their derivative products that are restricted under China’s quarantine laws and
regulations or other goods that should go through clearance formalities with the customs.

Article 9 The following categories of exiting passengers shall declare with the customs and submit declaration papers to the customs for
goods exiting formalities:

1. passengers bringing cameras, portable cassette players and recorders, small cinecameras, camcorders, portable word processors
and other personal effects for traveling that would be brought back to China;

2. passengers who fail to bring the original goods to be brought out, or fail to go through customs formalities for temporarily
duty-free goods brought in at entrance;

3. passengers bringing with foreign exchanges or gold, silver or their derivatives larger than the declared amount at entrance
brought in or without; export permission papers;

4. passengers bringing with more than RMB 6,000;

5. passengers bringing with cultural relics;

6. passengers bringing with cargoes or goods samples;

7. passengers bringing with goods at quantities larger than the limits or quotas as stipulated by the customs or other limits;

8. passengers bringing with animals, plants or their derivative products that are restricted under China’s quarantine laws and
regulations or other goods that should go through clearance formalities with the customs.

Article 10 At sites under the supervision of the customs where there are two channels, passengers specified in Articles 8 and 9 shall choose
the “declaration channel.”

Article 11 Passengers not sure about which channel they should take shall go through the (declaration channel” for declaration formalities.

Article 12 Passengers other than those specified in Articles 8, 9 and 11 may not go through declaration formalities with the customs. In
sites with double-channel customs systems, such passengers may choose “non- declaration channel” for entry or exit.

Article 13 Non-resident passengers with diplomatic or courtesy visas issued by responsible departments of the PRC or other passengers
exempted from declaration clearance, when entering or exiting, shall produce their own passports (or other valid entering
or exiting papers) and identification papers at their own initiative.

Article 14 Passengers, when entering and exiting, shall abide by this set of regulations and other supplemental provisions formulated
by related customs houses with authorization from and promulgated by the General administration of Customs for the implementation
of this set of regulations.

Article 15 Passengers with entering and exiting goods failing to go through declaration formalities with the customs in accordance
with related regulations and passengers specified in Articles 8, 9 and 11 that fail to choose the designated channels as
stipulated shall be dealt with in accordance with related provisions of the Customs Law of the PRC and the Detailed Implementation
Procedures on Administrative Sanction of the Customs Law of the PRC.

Article 16 This set of regulations goes into effect as of January 1, 1996.

COAL LAW

Category	GEOLOGY, MINERAL RESOURCES AND ENERGY INDUSTRY	Organ of Promulgation	The Standing Committee of the National People’s Congress	Status of Effect	In Force
Date of Promulgation	1996-08-29	Effective Date	1996-12-01

Coal Law of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  Planning for Coal Production and Exploitation and
Chapter III  Coal Production and Safety in Coal Mine
Chapter IV  Coal Management
Chapter V  Protection of Coal Mining Area
Chapter VI  Supervision and Inspection
Chapter VII  Legal Responsibility
Chapter VIII  Supplementary Provisions
Appendix: Relevant Provisions of the Criminal Law

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

National People’s Congress on August 29, 1996, promulgated by Order No.75 of
the President of the People’s Republic of China on August 29, 1996)
Contents
Chapter I     General Provisions
Chapter II    Planning for Coal Production and Exploitation and Construction

              of Coal Mine
Chapter III   Coal Production and Safety in Coal Mine
Chapter IV    Coal Management
Chapter V     Protection of Coal Mining Area
Chapter VI    Supervision and Inspection
Chapter VII   Legal Responsibility
Chapter VIII  Supplementary Provisions
Chapter I  General Provisions

Article 1 This Law is formulated for the purposes of rationally
exploiting, utilizing and protecting coal resources, standardizing coal
production and management activities and promoting and guaranteeing the
development of coal industry.

Article 2 This Law shall apply to coal production and management
activities within the territory of the People’s Republic of China and other
sea areas under the jurisdiction of the People’s Republic of China.

Article 3 Coal resources shall be owned by the state. The state
ownership of coal resources, either near the earth’s surface or underground,
shall not change with the ownership or right to the use of the land which the
coal resources are attached to.

Article 4 The state shall practice the policy of unified planning,
rational distribution and comprehensive utilization in coal exploitation.

Article 5 The state shall protect coal resources in accordance with the
law. Abusive or wasteful exploitation which is destructive to coal resources
shall be forbidden.

Article 6 The state shall protect the legitimate rights and interests of
those investing to exploit coal resources in accordance with the law.

The state shall guarantee the healthy development of state-owned coal
mines.

The state shall implement a policy of support, transformation,
consolidation, combination and improvement with regard to township coal mines
in order to safeguard their standardized and rational exploitation and
orderly development.

Article 7 Coal mining enterprises must adhere to the policy of “safety
first and precaution foremost” for the safety in production, establish and
improve the safety production responsibility system and the system of mass
precaution and control.

Article 8 The people’s governments at all levels and their departments
and coal mining enterprises must take measures to strengthen labor
protection and safeguard the safety and health of coal miners.

The state shall adopt special protective measures for workers operating
in the pit.

Article 9 The state shall encourage and support the adoption of advanced
science and technology and management skills in coal exploitation and
utilization.

Coal mining enterprises shall strengthen and improve the operation and
management, raise the labor productivity and economic results.

Article 10 The state shall safeguard the production and work order in
coal mining areas, and protect facilities of coal mining enterprises.

Article 11 Exploitation and utilization of coal resources shall abide by
laws and regulations concerning environmental protection, prevent and control
environmental pollution, and protect the ecological environment.

Article 12 The department of coal administration under the State Council
shall be responsible for the supervision and control of nationwide coal
industry in accordance with the law. Other relevant departments under the
State Council shall exercise supervision and control over the coal industry
according to their respective authorities.

The department of coal administration and other relevant departments
under the local people’s governments at and above the county level shall be
responsible for the supervision and control of coal industry within their
respective regions.

Article 13 Coal mining bureaus are state-owned coal mining enterprises
with an independent legal person status.

Coal mining bureaus and other coal mining enterprises and coal management
enterprises with an independent legal person status shall, in accordance with
the law, perform autonomous management, assume sole responsibility for
profits and losses, and implement self-binding and self-development.
Chapter II Planning for Coal Production and Exploitation and
Construction of Coal Mine

Article 14 The department of coal administration under the State Council
shall, in accordance with the national planning for mineral resources
exploration, work out a national planning for coal resources exploration.

Article 15 The department of coal administration under the State Council
shall, in the light of coal resources set by the national planning for
mineral resources, organize drawing up and implementing a planning for coal
production and exploitation.

The department of coal administration under the people’s governments of
provinces, autonomous regions and municipalities directly under the central
government shall, in the light of coal resources set by the national planning
for mineral resources, organize drawing up and implementing a local planning
for coal production and exploitation, and submit it for filing to the
department of coal administration under the State Council.

Article 16 Planning for coal production and exploitation shall be
worked out in accordance with the needs of the national economy and social
development, and be incorporated in the plan of national economy and social
development.

Article 17 The state shall formulate beneficial policies to support
the development of coal industry and promote the construction of coal mines.

Coal mine construction projects shall conform to the planning for coal
production and exploitation and the coal industrial policy.

Article 18 For establishing a coal mining enterprise, the following
requirements shall be satisfied:

(1) have a feasibility study report or mining plan for the coal mine
construction project;

(2) have definite scope of the mine and mining area, and a resources
comprehensive utilization plan;

(3) have geological, surveying and hydrological data and other relevant
data needed for mining;

(4) have a mine design conformable with the requirements for safety in
production and environmental protection of coal mine;

(5) have a rational production scale of coal shaft and funds, equipment
and technical personnel suited to the production scale; and

(6) other requirements specified by laws or regulations.

Article 19 For establishing a coal mining enterprise, an application
must be submitted to the department of coal administration for examination
and approval in accordance with the requirements specified by this Law and
the scope of authorities at different levels stipulated by the State Council.

For examination and approval of a coal mining enterprise, a review and
opinions on the scope of mining areas and the plan for comprehensive
utilization of resources shall be required from the administrative department
of geology and mineral resources.

Coal mining enterprises approved to be established shall, by presenting
the approval document, apply for a mining license from the administrative
department of geology and mineral resources.

Article 20 The use of land for the construction of coal mines shall be
handled in accordance with relevant laws and regulations. In the case of
requisition of land, the land and settlement compensations shall be paid in
accordance with the law, and the settlement work for the removing residents
shall be done properly.

The construction of coal mines shall adhere to the principle of protection
of cultivated land and rational utilization of land.

Local people’s governments shall give support and assistance when there
is a need to use land and remove relevant residents for the construction of a
coal mine in accordance with the law.

Article 21 In construction of coal mines, coal exploitation shall be
conducted in step with the protection and control of the environment.
Installations for environmental protection at a coal mine construction
project must be designed, built, inspected and brought into operation
together with the principal part of the project.
Chapter III Coal Production and Safety in Coal Mine

Article 22 Before starting production, a coal mining enterprise shall,
in accordance with the provisions of this Law, apply for a coal production
license from the department of coal administration, and the latter shall
conduct an examination on the enterprise’s actual production and safety
conditions and, where considering them conformable with the conditions
prescribed by this Law, issue a coal production license.

Those without a coal production license may not engage in coal
production.

Article 23 For applying for a coal production license, the following
requirements shall be satisfied:

(1) have a mining license obtained in accordance with the law;

(2) the production system of the mine shaft is conformable with the
safety rules for coal mines stipulated by the state;

(3) the mine director has received proper training in accordance with the
law and obtained a credential for mine directors;

(4) the workers of special operation have received proper training in
accordance with the law and obtained an operation credential;

(5) the communication of production management up or down the pit, inside
or outside the mine is unblocked;

(6) have field surveying up- against down-pit engineering drawings, plain
figure for excavation and figure for ventilation system;

(7) have installations which have been completed and have passed the
inspection for safeguarding the safety in production in coal mine and
environmental protection; and

(8) other requirements specified by laws or regulations.

Article 24 The department of coal administration under the State Council
shall take in charge of the following coal mining enterprises in respect of
the issuance and control of coal production licenses:

(1) coal mining enterprises which have been examined and approved to
establish by the State Council or the establishment of which should be
examined and approved by the department of coal administration under the
State Council according to law; and

(2) coal mining enterprises involving areas of more than one provinces,
autonomous regions or municipalities directly under the central government.

The department of coal administration under the people’s governments of
provinces, autonomous regions and municipalities directly under the central
government shall be in charge of coal mining enterprises other than those
mentioned in the preceding paragraph in respect of the issuance and control
of coal production licenses.

The department of coal administration under the people’s governments of
provinces, autonomous regions and municipalities directly under the central
government may authorize the department of coal administration under the
people’s governments of districted cities or autonomous prefectures to be
responsible for the issuance and control of coal production licenses.

Article 25 The departments for issuance and control of coal production
licenses shall be responsible for the supervision of coal production
licenses.

Coal mining enterprises having obtained a coal production license may not
transfer or hire out the license to others.

Article 26 No coal production license may be issued with regard to a
mining area for which a coal production license has already been issued.

When the term of validity of a coal production license expires or the
coal resources in the relevant approved mining area have been exhausted, the
department issuing the coal production license shall cancel the license and
make an announcement accordingly.

If there have been any changes to the production and safety conditions of
a coal mining enterprise, and after being verified, the changed production
and safety conditions are considered no longer to conform to the stipulations
of this Law, the coal production license of the enterprise shall be revoked
by the issuing department with an announcement made accordingly.

Article 27 Measures for the control of coal production licenses shall be
formulated by the State Council in accordance with this Law.

The standing committee of the people’s congress of provinces, autonomous
regions and municipalities directly under the central government may, in
accordance with this Law and relevant provisions of the State Council,
formulate measures for the control of coal production licenses for
implementing within their respective regions.

Article 28 The state shall conduct protective exploitation with regard
to those special or scare kinds of coal which bear importance to the national
economy.

Article 29 The exploitation of coal resources must accord with the coal
mining rules, abide by the rational mining order and reach the specified
recovery rate of coal resources.

The recovery rates shall be determined by the department of coal
administration under the State Council in the light of different resources
and mining conditions.

The state encourages coal mining enterprises to do reexploitation and
mine remnants of old pits or extremely poor coal.

Article 30 Coal mining enterprises shall strengthen the supervision,
examination and management of the quality of coal products. The quality of
coal products shall be classified according to the national or industrial
standards.

Article 31 Coal production shall be conducted within the approved mining
areas in accordance with the law. No exploitation beyond the approved
boundary or layer shall be allowed.

In mining operation, it is forbidden to mine protective coal columns
without authorization or adopt dangerous methods such as breaking dikes,
demolition or making tunnels through that may endanger the safety in
production of the neighboring coal mines.

Article 32 If any activities of coal exploitation cause occupation of
areas of land or subsidence of, or damages to, land surface, the exploiter
shall be responsible for its reclamation and restoration to the useful
status; compensation shall be given if any losses have been made to others.

Article 33 Closure of mines and scraping of pits shall be handled in
accordance with relevant laws and regulations as well as relevant provisions
of the department of coal administration under the State Council.

Article 34 The state shall establish a system under which coal mining
enterprises shall accumulate funds for shifting the line of production when
the coal mine comes to its senile stage.

The state encourages and supports coal mining enterprises to develop
diversified economy.

Article 35 The state encourages and supports coal mining enterprises and
other enterprises to develop combined production of coal and electricity,
coking, coal chemical industry and coal building materials, etc. through
developing deep and fine processing of coal.

The state encourages coal mining enterprises to develop coal dressing
processing, comprehensively exploit and utilize seam gas, gangue, coal mire,
bone coal and peat.

Article 36 The state shall develop and promote coal cleaning technology.

The state shall take measures to ban coking with local methods. It is
forbidden to newly establish coke ovens of local method; the existing ones
shall be transformed within a specified time limit.

Article 37 People’s governments at and above county level and their
department of coal administration and other relevant departments shall
strengthen the supervision and control over the work of safety in production
of coal mines.

Article 38 The system of mining bureau director’s and mine director’s
responsibility shall be adopted for the control of safety in production of
coal mining enterprises.

Article 39 Mining bureau directors, mine directors and other chief
persons-in-charge of the coal mining enterprises must abide by laws and
regulations concerning safety in mines and safety rules and regulations of
coal industry, strengthen the control over the work of safety in production
of coal mines, implement the responsibility system for safety in production
and adopt effective measures to prevent the occurrence of casualties and other
safety accidents in production.

Article 40 Coal mining enterprises shall give their staff and workers
counseling and training on safety in production; those having not received
such counseling or training may not go to the operation.

Staff and workers of coal mining enterprises shall abide by laws and
regulations concerning safety in production, rules and regulations of coal
industry and of the enterprise.

Article 41 During underground operation in coal mines, in the case of
emergencies which endanger the lives and safety of the workers and cannot be
removed, the person in charge or the safety manager at the operation site
shall promptly organize the workers to evacuate the scene of danger and give
report to relevant person in charge without delay.

Article 42 The labor union of a coal mining enterprise shall, when
discovering that the management of the enterprise gives a command contrary to
the established rules and compels workers to operate under unsafe conditions,
or finding in the course of production major hidden dangers of accidents
which may endanger lives and safety of the workers, have the right to put
forward proposals for a solution, and the management of the coal mining
enterprise must make a decision without delay. If the management of the
enterprise refuses to take any action, the labor union shall have the right
to give criticism, inform the relevant authorities or file charges.

Article 43 Coal mining enterprises must provide their staff and workers
with labor protection articles necessary for the guarantee of safety in
production.

Article 44 Coal mining enterprises must effect accident insurance and
pay the insurance expenses for the staff and workers who conduct underpit
operation.

Article 45 Equipment, materials, fire products and safety instruments
used by coal mining enterprises must meet the national or industrial
standards.
Chapter IV Coal Management

Article 46 Coal mining enterprises having obtained a coal production
license in accordance with the law shall be enpost_titled to sell the coal
produced by the enterprise itself.

Article 47 For establishing a coal managing enterprise, the following
requirements must be satisfied:

(1) have a registered capital compatible with the management scale;

(2) have fixed premises;

(3) have necessary installations and sites for coal storing;

(4) have up-to-standard metrological and quality inspection equipment;

(5) conform to the rational distribution of coal managing enterprises
demanded by the state; and

(6) other requirements specified by laws or regulations.

Article 48 For establishing a coal managing enterprise, an application
must be submitted to a department designated by the State Council or by the
people’s government of the province, autonomous region or municipality
directly under the central government; the latter shall conduct a
qualification examination in accordance with the requirements specified in
Article 47 of this Law and the scope of authorities at different levels
stipulated by the State Council; those satisfying the requirements shall be
given an approval. Only after having applied for and obtained a business
license from the administrative department for industry and commerce by
presenting the approval document may the applicant engage in coal management.

Article 49 In coal managing activities, coal managing enterprises shall
abide by the provisions of relevant laws and regulations, improve service
quality and ensure supplying. All illegal managing activities shall be
forbidden.

Article 50 Intermediate links shall be reduced and irrational
intermediate links shall be liquidated in coal management. It is advocated
that coal mining enterprises with suitable conditions conduct direct sales of
coal.

Coal users and coal managing enterprises in coal sales territories shall
be enpost_titled to purchase coal directly from coal mining enterprises. In coal
production territories, coal sales and transport service agencies may be
organized to handle selling and transporting business for small and medium-
sized coal mines.

No administrative departments may violate the state’s provisions and
establish intermediate links in the course of coal supply and charge extra
expenses.

Article 51 Stations, ports and other transportation enterprises engaging
in coal transportation may not involve themselves in coal management and seek
for illicit earnings by taking advantage of the transportation power they
possess.

Article 52 The administrative department for commodity prices under the
State Council shall, in conjunction with the department of coal
administration and other relevant departments under the State Council,
conduct supervision and control over the market prices of coal.

Article 53 The quality of coal supplied to users by coal mining
enterprises and coal managing enterprises shall meet the national or
industrial standards with the called grade and demanded price compatible with
the actual quality. Where the user has special quality requirements, the two
parties of supply and demand shall include the requirements in the contract
for purchase and sale of coal.

Coal mining enterprises and coal managing enterprises may not adulterate
coal or mix up coal of different grades or pass inferior coal off as
quality one.

Article 54 Coal mining enterprises and coal managing enterprises shall
give compensation in accordance with the law if the quality of coal supplied
to users by them fails to meet the national or industrial standards or fails
to conform to stipulations in the contract, or the called grade or demanded
price is not compatible with the actual quality and that has caused damages
to users.

Article 55 Coal mining enterprises, coal managing enterprises,
transportation enterprises and coal users shall supply, transport and accept
and unload coal in accordance with laws, relevant provisions of the State
Council or stipulations in contracts.

Transportation enterprises shall separately load and stack coal they have
accepted for carriage according to different quality of the coal.

Article 56 The import and export of coal shall be unifiedly managed in
accordance with provisions of the State Council.

Large-scale coal mining enterprises with suitable conditions may engage in
coal export after licensed by the administrative department for foreign trade
and economic cooperation under the State Council in accordance with the law.

Article 57 Measures for administration of coal management shall be
formulated by the State Council in accordance with this Law.
Chapter V Protection of Coal Mining Area

Article 58 No unit or individual may endanger power, communication,
water sources, transportation or other production facilities in coal mining
areas.

All units and individuals are forbidden to disrupt order in production
and other work of coal mining areas.

Article 59 Any unit and individual shall have the right to inform the
relevant authorities of or file charges against acts of stealing or
destroying installations or equipment of coal mining areas or other acts
endangering the safety in coal mining areas.

Article 60 Without permission of the coal mining enterprise, no unit or
individual may make planting, breeding or earth-gathering or construct any
buildings or structures within the validity period of the right to use land
obtained by the coal mining enterprise in accordance with the law on the land
concerned.

Article 61 Without permission of the coal mining enterprise, no unit or
individual may occupy the rail line, road, waterway, wharf, power lines or
water-supply pipes for special use of the enterprise.

Article 62 When there is a need to conduct operation in the mining area
of a coal mine and the operation may endanger the safety in the coal mine,
only after having obtained permission from the coal mining enterprise and the
approval of the department of coal administration and taken proper safety
measures may relevant unit or individual start the operation.

When there is a need to conduct public engineering or other engineering
within a coal mining area, only after having consulted and reached agreement
with the coal mining enterprise may the relevant unit start the operation.
Chapter VI Supervision and Inspection

Article 63 The department of coal administration and other relevant
departments shall, in accordance with the law, conduct supervision and
inspection on coal mining enterprises and coal managing enterprises with
respect to their implementing of coal laws and regulations.

Article 64 Supervisors and inspectors from the department of coal
administration and other relevant departments shall familiarize themselves
with coal laws and regulations, grasp the specialized technology in the field
of coal, conduct themselves fairly and honestly and enforce the l

PROTECTION OF THE RIGHTS AND INTERESTS OF THE ELDERLY LAW

Law of the People’s Republic of China on Protection of the Rights and Interests of the Elderly



	(Adopted at the 21st Meeting of the Standing Committee of the Eight National People’s Congress on August 29, 1996 and promulgated by Order No. 73 of the President of the People’s Republic of China on August 29, 1996) Contents Chapter I General Provisions Chapter II Maintenance and Support by Families Chapter III Social Security Chapter IV Participation in Social Development Chapter V Legal Responsibility Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted in accordance with the Constitution to protect the lawful rights and interests of the elderly, develop the undertakings related to the elderly and promote the Chinese people’s virtues of respecting and providing for the elderly. Article 2 The elderly referred to in this Law are citizens at or above the age of 60. Article 3 The State and society shall take measures to improve the social security system regarding the elderly and gradually better the conditions that contribute toward their well-being, good health and participation in social development, so that they are provided for, have access to necessary medical care, have opportunities for their own pursuits and studies and enjoy themselves. Article 4 The State protects the lawful rights and interests of the elderly. The elderly have the right to obtain material assistance from the State and society and enjoy the achievements in social development. Discriminating against, insulting, maltreating or forsaking the elderly is forbidden. Article 5 The people’s governments at various levels shall incorporate the undertakings related to the elderly into the plans for national economic and social development, gradually increase the investment in these undertakings and encourage all sectors of society to make such investment, so that these undertakings and the economy and society develop in a coordinated manner. The State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall take organizational measures to coordinate the efforts made by relevant departments to protect the rights and interests of the elderly. The specific institutions for the purpose shall be prescribed by the State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 6 It is the duty of the entire society to protect the lawful rights and interests of the elderly. State organs, public organizations, enterprises and institutions shall, in compliance with their own functions and responsibilities, protect the rights and interests of the elderly. Neighbourhood committees, villagers’ committees and the organizations of the elderly established according to law shall make known the demands of the elderly, safeguard their lawful rights and interests and serve them. Article 7 Throughout the community publicity and education should be conducted in the need to establish the social values under which the elderly are respected, taken care of and helped. The organizations of young people, schools and kindergartens shall carry out education in ethics among young people and children, so that the latter will understand the importance of respecting and providing for the elderly. They shall also educate young people and children in the legal system so that the latter will understand the need of safeguarding the rights and interests of the elderly. Voluntary service for the elderly shall be encouraged. Article 8 The people’s governments at various levels shall commend and award the organizations, families or individuals that have scored outstanding achievements in safeguarding the lawful rights and interests of the elderly and respecting and providing for them. Article 9 The elderly shall observe law and discipline and perform their duties prescribed by law. Chapter II Maintenance and Support by Families Article 10 The elderly shall be provided for mainly by their families, and their family members shall care for and look after them. Article 11 Supporters of the elderly shall perform the duties of providing for the elderly, taking care of them and comforting them, and cater to their special needs. The supporters referred to here are the sons and daughters of the elderly and other people who are under the legal obligation to provide for the elderly. The spouses of the supporters shall assist them in performing their obligation to provide for the elderly. Article 12 The supporters shall pay medical expenses for the elderly suffering from illnesses and provide them with nursing care. Article 13 The supporters shall properly arrange for the housing of the elderly and shall not compel the latter to move to inferior houses. The sons and daughters or other relatives of the elderly shall not seize the houses owned or rent by the elderly and they shall not, without permission of the elderly, replace the elderly as the owners or renters of the houses themselves or by anyone else. The supporters of the elderly have the duty to keep the houses owned by the elderly in good repair. Article 14 The supporters have the duty to help farm the land the elderly contract to farm, and take care of the trees and livestock contacted or owned by the elderly, but the earnings therefrom shall go to the elderly. Article 15 The supporters shall not refuse to perform their duties of providing for the elderly on the ground that they will give up their right of inheritance or for any other reasons. If the supporters do no perform their duties of providing for the elderly, the latter shall have the right to ask the former for alimony. The supporters shall not ask the elderly to do any work beyond their ability. Article 16 The elderly and their spouses have the duty to support each other. If those who were brought up by their elder brothers or sisters can bear the burden, they shall provide for their elder brothers or sisters should the latter do not have supporters when they are advanced in years. Article 17 The supporters may conclude an agreement between themselves on their duty to provide for the elderly, subject to approval by the latter. Neighbourhood committees, villagers’ committees or the organizations of the supporters may supervise the fulfilment of the agreement. Article 18 The freedom of marriage of the elderly is protected by law. Their sons, daughters or other relatives shall not interfere in their divorce, remarriage or post-remarriage life. The supporters shall not be relieved of the duty to provide for the elderly because of any change in the latter’s marriage. Article 19 The elderly shall have the right to dispose of their personal property according to law. Their sons, daughters and other relatives shall not interfere in this matter or extort money or anything of value from the elderly. The elderly shall have the right to inherit the legacy of their parents, spouses, sons, daughters or other relatives according to law and the right to accept donations. Chapter III Social Security Article 20 The State establishes an old-age insurance system to ensure the basic needs in the life of the elderly. Article 21 The pensions and other material benefits the elderly enjoy according to law shall be guaranteed. The organizations concerned must regularly pay the elderly their pensions in full. They shall not be behind in payment without reason or divert the pensions for other purposes. The State shall increase the pensions along with economic development, improvement in people’s living standards and increase in the wages of workers. Article 22 In addition to the old-age insurance system to be established in rural areas in light of local conditions, some of the collectively owned land, forests, bodies of water, shoals, etc. that are not contracted out may, where possible, be made production bases for the benefit of the elderly, and the earnings therefrom shall be used for the elderly. Article 23 The local people’s governments shall provide relief to the elderly in urban areas who are unable to work and have no sources of income or supporters or whose supporters are truly unable to provide for or support them. With regard to the elderly in rural areas who are unable to work and have no sources of income or supporters or whose supporters are truly unable to provide for or support them, their food, clothing, housing, medical care and burial expenses shall be borne by collective economic organizations, and the people’s governments of townships, nationality townships or towns shall be responsible for making arrangements for the matter. Article 24 Citizens and organizations are encouraged to conclude agreements with the elderly on their maintenance or other agreements on their support. Article 25 The State establishes different medical insurance systems to meet the basic needs of the elderly for medical care. When formulating medical insurance regulations, the departments concerned shall give favourable consideration to the elderly. The benefits enjoyed by the elderly in medical care according to law must be guaranteed. Article 26 When the elderly suffer from illnesses, if they themselves and their supporters are really unable to pay their medical expenses, the local people’s governments may provide them with appropriate aid and may also solicit help from the community. Article 27 Medical institutions shall make it easy for the elderly to get medical treatment and let those at or above the age of 70 enjoy priority in this regard. Where conditions permit, hospital beds may be placed in the homes of the elderly patients and doctors are encouraged to go round to provide medical services. Free treatment of elderly patients is encouraged. Article 28 The State shall take measures for promoting research in geriatrics, training more geriatricians and improving prevention, treatment and scientific research of geriatric illnesses. Education in health shall be conducted in various forms to disseminate knowledge about health care of the elderly and enhance their awareness of the importance for them to maintain good health. Article 29 When distributing, redistributing or selling their houses, organizations shall give consideration to the needs of their old-age ex-employees in light of the actual conditions and in conformity with relevant standards. Article 30 When public facilities, residential quarters and houses are built or renovated in cities and towns, the special needs of the elderly should be taken into consideration and facilities suited to the daily life and activities of the elderly shall be installed. Article 31 The elderly shall have the right to receive continued education. The State develops education for the elderly and encourages the society to run well all types of schools for the elderly. The people’s governments at various levels shall provide more effective leadership to education for the elderly and make unified plans for the education. Article 32 The State and society shall take measures to carry out cultural, sports and recreational activities of a mass character that are suited to the elderly as to enrich their cultural life. Article 33 The State encourages and helps public organizations or individuals to establish welfare institutions for the elderly and build for them homes, apartments, rehabilitation centers, and places to carry out cultural and sports activities, etc. The local people’s governments at various levels shall gradually increase their investment in the welfare undertakings for the elderly and provide more welfare facilities for them, depending on the level of their economic development. Article 34 To meet the needs of the elderly, the people’s governments at various levels shall provide guidance to enterprises in developing, producing and dealing in the daily necessities of the elderly. Article 35 Community services shall be developed. Service facilities and networks for the daily life, cultural and sports activities, nursing and rehabilitation of the elderly shall be gradually installed and established. The tradition of mutual-aid between neighbours shall be promoted and neighbours of the elderly are encouraged to take care of and help the elderly in need. Volunteers shall be encouraged and supported in their effort to serve the elderly. Article 36 The local people’s governments at various levels may, in light of the local conditions, give the elderly preferential treatment when they visit places of interest and take public transport facilities. Article 37 The elderly in rural areas shall not undertake voluntary labour or labour for public accumulation fund. Article 38 Radio programs, films, television programs, newspapers and periodicals shall serve the elderly by covering their life and publicize the need to safeguard their lawful rights and interests. Article 39 If the elderly really have difficulty in paying the cost of lawsuits they bring against infringement on their lawful rights and interests, they may postpone paying it, pay a smaller amount or be exempted from it. If they need the assistance of lawyers but cannot afford to pay for it, they may get legal aid. Chapter IV Participation in Social Development Article 40 The State and society shall attach importance to and cherish the knowledge, skills and revolutionary and construction experience of the elderly, set great store by their fine moral characters and give play to their special skills and role. Article 41 The State shall create conditions for the elderly to take part in the promotion of socialist material, cultural and ethical progress. If society so needs and if conditions permit, the elderly shall be encouraged to engage in the following activities on a voluntary basis and according to their capacity: (1) to help educate young people and children in socialism, patriotism, collectivism and hard work and other fine traditions; (2) to pass on their cultural, scientific and technological knowledge; (3) to provide consultancy service; (4) to take part in the development and application of science and technology according to law; (5) to engage in business and production according to law; (6) to establish public welfare undertakings; (7) to take part in maintaining public order and help mediate disputes between people; (8) to participate in other social activities. Article 42 The lawful earnings of the elderly from their work are protected by law. Chapter V Legal Responsibility Article 43 When the lawful rights and interest of the elderly are infringed upon, they or their agents shall have the right to refer the matter to the department concerned or bring a lawsuit to a People’s Court according to law. The People’s Court and the department concerned shall, without delay, accept and handle the complaints, charges against or exposures of the infringement of the lawful rights and interests of the elderly according to law. Article 44 Departments or organizations that do not perform their duties to protect the lawful rights and interests of the elderly shall be educated through criticism by the competent departments at the higher level and be ordered to correct their mistakes. State functionaries who impair the lawful rights and interests of the elderly because of their dereliction of duty in violation of law, the organizations where they are employed or the organs at the higher level shall order them to correct their mistakes or shall give them administrative sanctions. If the case constitutes a crime, criminal responsibility shall be pursued according to law. Article 45 When the elderly have disputes with their family members over their support, or over housing or property, they may ask the organizations where their family members are employed, the neighbourhood committees or the villagers’ committees to mediate. They may also bring a lawsuit directly to a People’s Court. If the family members are found to be in the wrong through mediation of the disputes mentioned in the preceding paragraph, they shall be educated through criticism and ordered to correct their mistakes. When the elderly apply to a People’s Court to claim alimony or payments for support, the Court may order advance execution according to law. Article 46 Whoever insults the elderly in public by violence or other means, slanders them or maltreats them, if the case is not serious, shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security; if the case constitutes a crime, his criminal responsibility shall be pursued according to law. Article 47 Whoever interferes with the freedom of marriage of the elderly by violence or refuses to provide for or support the elderly whom he has the duty to provide for or support, if the case is serious and thus constitutes a crime, shall be investigated for criminal responsibility according to law. Article 48 The family members of the elderly who steal, defraud, seize, extort or deliberately damage the property of the elderly, if the case is not serious, shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security; if the case constitutes a crime, they shall be investigated for criminal responsibility according to law. Chapter VI Supplementary Provisions Article 49 The people’s congresses of national autonomous areas may, in accordance with the principles of this Law, in light of the special customs and habits of the local nationalities and in pursuance of legal procedures, formulate regulations which may be variant from or supplementary to this Law. Article 50 This Law shall go into effect as of October 1, 1996.

SUPPLEMENTARY CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING ISSUES OF TAXATION ON PROMOTING THE TECHNOLOGY PROGRESS OF ENTERPRISES

The State Administration of Taxation

Supplementary Circular of the State Administration of Taxation Concerning Issues of Taxation on Promoting the Technology Progress
of Enterprises

GuoShuiFa [1996] No.152

September 3, 1996

In order to better carry out the spirit of the Circular of the Ministry of Finance and the State Administration of Taxation Concerning
Issues of Finance and Taxation on Promoting the Technology Progress of Enterprises (CaiGongZi [1996] No.41), the issues concerning
taxation hereof is complemented as follows:

The wage of staff in research institutions of enterprises shall be accounted in the management expenditure and at the end of the year
when the taxable amount of income is counted, be tax-adjusted according to taxation wage.

Where the expenditure of profitable enterprises for research and developing new products, new technology, new craftwork, is 10% higher
or more than those really occurred last year, the real expenditure of the year shall, in addition to list the expenditure, at the
year-end with the check and approval of competent tax authorities, credit the taxable amount of income according to the 50% of the
real amount occurred. Where the increase is less than 10%, there is no credit. The expenditure of enterprises running at a loss occurred
for research and development, shall only list expenditure according to the fact, and shall not apply to the method of credit the
taxable amount of income when increase amounts to a certain proportion.

Where the expenditure of profitable enterprises for research and development increases to 10% higher or more than that of last year,
where 50% of the amount real occurred is more than the taxable amount of income, the part within the taxable amount of income; may
be credited while the part over the taxable amount of income shall not be credited in current year and the ensuing year.

The State Administration of Taxation
1996-09-03

REGULATIONS ON THE ADMINISTRATION OF SPECIAL SIGNS

Category	ADMINISTRATION FOR INDUSTRY AND COMMERCE	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1996-07-13	Effective Date	1996-07-13

Regulations on the Administration of Special Signs

Chapter I  General Provisions
Chapter II  Registration of Special Signs
Chapter III  Use and Protection of Special Signs
Chapter IV  Supplementary Provisions

(Promulgated by Decree No.202 of the State Council of the People’s

Republic of China on July 13, 1996)
Chapter I  General Provisions

Article 1 These Regulations are formulated for the purposes of
strengthening the administration of special signs, promoting the development
of culture, physical culture, scientific research and other non-profit social
activities and protecting the lawful rights of customers and the owners and
users of special signs.

Article 2 Special signs referred to in these Regulations mean such signs
as post_titles and their abbreviations, emblems and mascots composed of words and
designs and used for national or international cultural, physical cultural,
scientific research or other non-profit social activities held with the
approval of the State Council.

Article 3 Special signs approved and registered by the administrative
department for industry and commerce under the State Council shall be
protected by these Regulations.

Article 4 Special signs composed of words and designs containing any of
the following contents shall not be registered:

(1) those detrimental to the dignity or image of the country or any
international organization;

(2) those harmful to benign social customs and public order;

(3) those with national discrimination and detrimental to the unity of
nationalities;

(4) those lacking distinctiveness and not easy to identify; and

(5) other contents forbidden by laws or regulations.

Article 5 Funds raised by owners of special signs through using or
licensing others to use the special signs must be used for the non-profit
social undertakings which the special signs serve and shall be subject to
supervision by the departments of finance and auditing under the State
Council.
Chapter II Registration of Special Signs

Article 6 Organizers or those in charge of the preparatory work of non-
profit social activities shall submit an application for registration to the
administrative department for industry and commerce under the State Council
with respect to such special signs as post_titles, emblems or mascots they use for
the aforesaid activities and require to be protected.

The application for registration can be filed directly or by an entrusted
agent.

Article 7 An application form for registration of special signs shall be
filled in and the following documents be presented while filing an
application for registration of a special sign:

(1) the State Council’s document approving such non-profit social
activities;

(2) conditions and control measures for permitting others to use the
special sign;

(3) five prototypes of the special sign and one copy of the design in
black and white. The prototypes should be clear and easy to stick and made of
durable glossy paper or be photographs as substitute, with its length and
width no more than ten centimeters and no less than five centimeters;

(4) a letter of authorization with clear indication of matters entrusted
and the scope of the power of agency, if the application is entrusted to an
agent; and

(5) other documents which the administrative department for industry and
commerce under the State Council requires to be presented.

Article 8 On receipt of an application, the administrative department
for industry and commerce under the State Council shall handle things in
accordance with the following provisions:

(1) Where the application conforms to the relevant provisions of these
Regulations and the application papers are considered complete and correct,
issue a notice of acceptance of the application for the registration of
special signs within fifteen days from the date of receipt of the application
and, within two months from the date of the issuance of the notice, make an
entry in the register of special signs of matters related to the special
sign, the prototype of the special sign and commodities and services examined
and approved for use of the special sign, and issue a certificate of
registration of special signs.

An announcement shall be made by the administrative department for
industry and commerce under the State Council upon registration of the
special sign after examination and approval.

(2) In cases where the application papers are found to be incomplete or
incorrect, issue a notice of making supplementation or correction for the
application for registration of special signs within ten days from the date
of receipt of the application and meanwhile require the applicant to make
supplementation or correction within fifteen days from the date of receipt of
the notice and, when no supplement or correction has been made within the
time limit or the application papers remain incomplete or incorrect after the
supplementation or correction, issue a notice of non-acceptance of the
application for registration of special signs.

(3) In cases where the application is found to be in contravention of the
provisions stipulated in Article 4 of these Regulations, issue a notice of
rejection of the application for registration of special signs within fifteen
days from the date of receipt of the application. Applicant who calls in
question the notice of rejection may, within fifteen days from the date of
receipt of the notice of rejection, apply to the administrative department
for industry and commerce under the State Council for reconsideration.

Notices mentioned in the preceding paragraph shall be served to the
applicants or their agents by the administrative department for industry and
commerce under the State Council. In case of failure of direct service due to
unforeseen reasons, the date twenty days after the date of announcement or
sending by post by the administrative department for industry and commerce
under the State Council shall be construed as the date of service.

Article 9 The validity of special signs shall be four years, counting
from the date of registration after examination and approval.

Owners of special signs may apply for extension within three months
before the expiry of validity. The duration of extension shall be determined
by the administrative department for industry and commerce under the State
Council in the light of actual needs and conditions.

Changes of addresses of the owners of special signs shall be reported to
the administrative department for industry and commerce under the State
Council for record within one month from the date of the change.

Article 10 Where any special sign already approved for registration
falls under any of the following circumstances, any unit or individual may,
during the period from the date of the announcement of the special sign to
the expiry of its validity, request the administrative department for
industry and commerce under the State Council to declare the registration of
the special sign to be null and void by stating reasons and providing
corresponding evidences:

(1) It is identical with or similar to any special sign the application
of which precedes;

(2) It is identical with or similar to any trademark the application of
which for registration precedes or any of those already registered;

(3) It is identical with or similar to any design the application of
which for patent precedes or any of those which have already acquired the
patent according to law; or

(4) It results in infringement upon other person’s copyright.

Article 11 The administrative department for industry and commerce under
the State Council shall, within ten days from the date of receipt of the
application for nullifying the registration of special signs, notify the
respondent thereof and require him to give reply within fifteen days from the
date of receipt of the notice.

The respondent’s refusal to give reply or failure to give reply within
the time period set for the reply without justifiable reasons shall be deemed
as abandonment of the right to make reply.

Article 12 The administrative department for industry and commerce under
the State Council shall make a decision and notify it to the parties
concerned within three months from the date of receipt of the application for
nullifying the registration of special signs; the party refusing to accept
the decision may, within fifteen days from the date of receipt of the notice,
apply to the administrative department for industry and commerce under the
State Council for reconsideration
Chapter III Use and Protection of Special Signs

Article 13 Owners of special signs may use the signs on advertisements,
souvenirs and other items related to the non-profit activities and license
others to use the signs on commodities and services as examined and approved
by the administrative department for industry and commerce under the State
Council.

Article 14 Users of special signs shall be enterprises, institutions,
social organizations and individual businesses established in accordance with
the law.

Users of special signs shall conclude a written licensing contract with
the owners.

Users of special signs shall, within one month from the date of the
signing of the contract, submit one copy of the contract to the
administrative department for industry and commerce under the State Council
for filing and submit another copy of the same to the administrative
department for industry and commerce of the people’s government at or above
the county level of the place where the user is located for reference.

Article 15 If any owner or user of a special sign has committed any of
the following acts, the administrative department for industry and commerce
of the people’s government at or above the county level of the place where
the owner or user is located or where the act has taken place shall order a
correction and may impose a fine up to 50,000 yuan; if the circumstances are
serious, the administrative department for industry and commerce of the
people’s government at or above the county level shall order the user to stop
the use of the special sign, and the administrative department for industry
and commerce under the State Council shall cancel the owner’s registration of
the special sign:

(1) alter the words or designs of the special sign without authorization;

(2) license other persons to use the special sign without conclusion of
a licensing contract, or users fail to submit the contract, within the time
period prescribed, to the administrative department for industry and commerce
under the State Council for filing or to the administrative department for
industry and commerce of the local people’s government at or above the county
level for reference; or

(3) use the special sign for commodities or services other than those
registered with the approval for the use.

Article 16 In case of any of the following acts, the administrative
department for industry and commerce of the people’s government at or above
the county level shall order the infringer to stop immediately the act of
infringement, confiscate the commodities involved in the infringement as well
as the illegal earnings and impose a fine not exceeding five times the
illegal earnings, or not exceeding 10,000 yuan when there is no illegal
earnings:

(1) use, without authorization, words or designs or combinations thereof
identical with or similar to any special signs owned by other persons;

(2) produce or sell special signs or use them in commercial activities
without licensed by the owner; or

(3) other acts which cause economic loss to the owners of special signs.

Article 17 Owners and users of special signs may, on discovery of
infringement upon the ownership of or the right to use the special signs,
lodge a complaint with the administrative department for industry and
commerce of the people’s government at or above the county level of the place
where the infringer is located or where the act of infringement has taken
place, or directly file a lawsuit with the people’s court.

The administrative department for industry and commerce which accepts
the complaint of special sign infringement shall, at the request of the owner
of the special sign, conduct mediation with respect to civil compensation for
the infringement; the owner of the special sign may file a lawsuit with the
people’s court upon failure of the mediation.

Article 18 The administrative department for industry and commerce which
accepts the case of special sign infringement may, in the investigation and
evidence-gathering, exercise the following powers, and the persons concerned
must provide assistance:

(1) question the parties concerned;

(2) inspect the articles related to the infringement activities;

(3) investigate the acts related to the infringement activities; and

(4) consult or make copies of contracts, accounting books or other
business records.
Chapter IV Supplementary Provisions

Article 19 The schedule of fees for application, announcement and
registration of special signs shall be formulated by the departments of
finance and price control under the State Council in conjunction with the
administrative department for industry and commerce under the State Council.

Article 20 The forms of the documents of application for registration of
special signs shall be formulated by the administrative department for
industry and commerce under the State Council.

Article 21 Reference shall be made to the provisions of these
Regulations in the implementation of protection of such signs as the post_titles,
emblems and mascots used by organizations which are permitted by the State
Council to represent China in international cultural, physical cultural and
scientific research activities.

Article 22 These Regulations shall enter into force as of the date of
promulgation.

1 2 3...14 Page 1 of 14

2002

PROVISIONAL REGULATIONS ON THE ADMINISTRATION OF QUALIFICATIONS OF DOMESTIC AND OVERSEAS SECURITIES INSTITUTIONS DEALING IN SHARES FOR THE PURCHASE...

REGULATIONS OF BEIJING MUNICIPAL GOVERNMENT ON ADMINISTRATION OF EMPLOYMENT OF CHINESE CITIZENS BY RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES

PROVISIONS ON THE ADMINISTRATION OF FOREIGN-RELATED MARITIME SCIENTIFIC RESEARCH

CIRCULAR OF CHINA SECURITIES REGULATORY COMMISSION CONCERNING OPINIONS ON DEALING WITH THE ISSUE ON INFORMATION DISCLOSURE DURING THE LISTING OF THE DOMESTICALLY LISTED B-SHARES

REGULATIONS ON THE MANAGEMENT AND EPLOYMENT OF FOREIGNERS IN CHINA

INTERIM PROVISIONS ON ADMINISTRATION OF ENVIRONMENTAL PROTECTION IN CASES OF WASTES IMPORT

REGULATIONS OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF THE CULTURE AND ENTERTAINMENT MARKET

CUSTOMS REGALATIONS ON CLEARANCE OF ENTERING AND EXITING PASSENGERS

COAL LAW

PROTECTION OF THE RIGHTS AND INTERESTS OF THE ELDERLY LAW

SUPPLEMENTARY CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING ISSUES OF TAXATION ON PROMOTING THE TECHNOLOGY PROGRESS OF ENTERPRISES

REGULATIONS ON THE ADMINISTRATION OF SPECIAL SIGNS

CONSTITUTION ACT, 1982 – page 22

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

CONSTITUTION ACT, 1982 – page 17

CONSTITUTION ACT, 1982 – page 16

CONSTITUTION ACT, 1982 – page 12

CONSTITUTION ACT, 1982 – page 11

CONSTITUTION ACT, 1982 – page 10

CONSTITUTION ACT, 1982 – page 9

CONSTITUTION ACT, 1982 – page 8

CONSTITUTION ACT, 1982 – page 7

Category	SCIENCE AND TECHNOLOGY	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1996-06-18	Effective Date	1996-10-01