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2005

IMPLEMENTATION PLAN ON REFORMING THE SUPERVISION AND MANAGEMENT SYSTEM OF SAFETY ON WATER

Category  COMMUNICATIONS AND TRANSPORTATION Organ of Promulgation  The General Office of the State Council Status of Effect  In Force
Date of Promulgation  1999-06-05 Effective Date  1999-06-05  


Implementation Plan on Reforming the Supervision and Management System of Safety on Water

(Proposed by Ministry of Communications on May 20th 1999, transmitted by the General Office of the State Council, GOSC File No. 54 [1999] on June 5th 1999)

    In accordance with the requirements for furthering administrative system reform and strengthening law enforcement
and supervision authorities proposed by the Party’s fifteenth national congress, in order to harmonize and perfect the supervision
and management system of safety on water, enable the supervisory authorities of safety on water to perform more effectively their
functions of supervising and managing safety on water, preventing vessel pollution, inspecting ship and marine facilities, and guaranteeing
navigation, further meet the needs of developing socialist market economy, pursuant to the spirit in (issued by GOSC File No. 67 [1998], hereinafter referred to as “GOSC file 67”) and (GOSC Letter No. 48 [1998]), the implementation plan on reform in the supervision and management system of safety on water: is proposed
as follows:

    I. Guidelines

    The reform in the supervision and management system of safety on water shall insist on the principle of “simplified,
uniform and effective”.  Under a uniform leadership system, the work division between central and local authorities of
relevant water area shall be clearly defined, and the method of “one water area, one supervisor; one harbor, one supervisor” shall
be adopted.  In the same water area, the same harbor or the same region, repetitive establishment of supervision and management
authorities of safety on water is prohibited.  By reform, among the supervision and management authorities, relationships
shall be further harmonized, functions shall be clarified, policies, layouts and this work shall be unified.  Gradually
a new supervision and management system of safety on water which is suitable to the socialist market economy system, with division
in duties, running well, standardizing in conduct, highly efficient in working and uniform in law enforcement, shall be set up.

    II. Definition of water areas under central management

    The GOSC file 67 provides that the supervisory work of safety on water in coastal sea (including islands)
areas and harbors, opened water areas, and main internal river arteries crossing provinces, autonomous regions or municipalities
directly under central authority (Yangtze river, Pearl river, and Heilongjiang river) and harbors (hereinafter referred to as “Water
areas under central management”) shall be uniformly led by the Ministry of Communications.  To further define the division
of work between central and local authorities in the supervision and management of safety on water, the water areas under central
management are defined as follows:

    (a) The coastal sea (including island) areas and harbors refer to the entire sea areas within state jurisdiction
at the coastal areas (including island) of China, from the estuary of Yalu river of Liaoning province in the north to the estuary
of Beilun river of Guangxi province in the south, and the water areas where all the wharves, loading and unloading areas and operation
sites of coastal harbors being located (including the water area of first harbor at estuary of river joining the sea and the downstream
water area thereof).

    (b) The opened water areas refer to the opened coastal, internal river harbor water areas, and inland navigation
water areas and the opened harbors where international vessel can navigate and reach.  All of these water areas shall be
approved in accordance with relevant state stipulations.

    (c) The main internal river arteries crossing provinces, autonomous regions or municipalities directly under
central authority (Yangtze river, Pearl river, and Heilongjiang river) and harbors refer to the Yangtze artery water area and the
estuary water areas of artery and tributary intersection and harbors from Yibin of Sichuan to Shanghai; Pearl river (West river)
main artery water areas and the estuary water areas of artery and tributary intersection and harbors from Nanning of Guangxi and
thereafter the West river artery, Liuzhou of Guangxi and thereafter the Liu river artery to the main estuaries in Guangdong; the
water areas of Heilongjiang river artery and tributaries and harbors from Heishantou of Inner-Mongolia, Daan of Jilin and thereafter.  The
estuary water areas of artery and tributary intersection refer to the water areas where all the wharves, loading and unloading areas
and operation sites of harbors have been set up at such intersection location; the water areas without harbors refer to the water
areas of such intersection which are closely connected with the navigation order of artery.

    The governments of provinces, autonomous regions and municipalities directly under central authority shall
be responsible for the supervisory work of safety on water of internal rivers, lakes, reservoirs and others which are under central
management (hereinafter referred to “other water areas”).

    III.  Basic principles on authorities transfer and consolidation

    (a) The Ministry of Communications shall set up a specialized authority to exercise the supervisory work of
safety on water within water areas under central management. In order to ensure the continuity and consistency of the supervisory
work of safety on water, and avoid repetitive establishment of authorities, according to the method of “one water area ,one supervisor”
and “one harbor ,one supervisor”, the local supervisory authorities of safety on water defined as performing supervisory duties of
safety on water within water areas under central management shall all be transferred to central supervisory authorities of safety
on water; if central supervisory authorities of safety on water have already existed in the region, the authorities shall be consolidated
and then be led by the Ministry of Communications.

    (b) Due to over dispersion or narrowness of any other water areas, the local people’s government has difficulty
in  setting up  supervision authority to manage, and the relevant people’s government of province, autonomous
region or municipality directly under central authority proposes the supervisory work of safety on water y of such water area be
managed by the Ministry of Communications, both parties may decide this matter through consultation; if the Ministry of Communications
intends to entrust relevant people’s government of province, autonomous region or municipality directly under central authority to
assume the management of the upstream reach or seasonal navigable reach of partial internal river arteries crossing provinces, autonomous
regions or municipalities directly under central authority as well as harbors and other water areas under central management, both
parties may also decide this matter through consultation.

    (c) During the authorities transfer and consolidation, the personnel transfer must be carried out according
to the registration record on June 18th 1998.  In case of joint office with transportation management, waterway management
and other authorities, the personnel engaging in supervisory activities of safety on water shall be transferred entirely in principle,
and the general management personnel and the retiree shall be transferred according to the ratio of the personnel engaging in supervisory
activities of safety on water to the total operating personnel.

    (d) After the local supervisory authority of safety on water within water areas under central management has
been transferred to the management of the Ministry of Communications, its revenue from stipulated fees shall be transferred simultaneously
to the management of the Ministry of Communications, and the detailed management measures shall be studied and formulated separately
by the Ministry of Finance and the Ministry of Communications.  After the reform, if the funds for operational expenses
of the supervisory authority of safety on water under local management are affected, a part of the stipulated fees transferred may
be refunded. The refund ratio and amount shall be determined by the Marine Bureau of the People’s Republic of China (the Marine Bureau
of the Ministry of Communications) in consultation with the Ministry of Finance, pursuant to the ratio of the amount of stipulated
fees actually paid in 1998 by all transferred units of the province, autonomous region or municipality directly under central authority
to the supervisory authority of safety on water under local management after the reform as opposed to the total revenue from stipulated
fees of all transferred units. The method of such refund shall be studied and determined separately by the Ministry of Finance and
the Ministry of Communications.

    (e) The state-owned assets (including land, office building, employee dormitory and facility, equipment and
vehicle for supervision and management) of the local supervisory authority of safety on water transferred to the management of Ministry
of Communications shall be transferred on the basis of the audited final account in year 1998 without compensation.  All
debts and claims shall be transferred jointly.  For authority by entire organizational transfer, the assets shall be transferred
in entirety; for authority by partial transfer, the assets shall be determined pursuant to the ratio of the number of actually transferred
employees to the number of employees of the original authority and be transferred without compensation  The procedures
shall follow relevant regulations on assets transfer and others .

    (f) The problems of the relevant investment channels on the basic construction projects in construction or
having been filed of the transferred or consolidated supervisory authority of safety on water shall be resolved by the Ministry of
Communications with relevant local people’s government through consultation.

    IV. Operation management and authority establishment

    (a) The Marine Bureau of the People’s Republic of China (the Marine Bureau of the Ministry of Communications)
leads the supervisory work of safety on water throughout the country.  The central supervisory authorities of safety on
water set within water areas under central management and the local supervisory authorities of safety on water set within other water
areas shall respectively conduct supervisory work of safety on water within water areas subject to their jurisdictions.

    (b) The establishment of central supervisory authority of safety on water and cadre management

    According to the natural pattern of shipping economy and the characteristics of shipping, with overall consideration
of the harbor layout and administrative division, pursuant to the principle of “uniform, highly efficient, responsible separately
at different levels “, the authorities directly under the Ministry of Communications shall be established in main harbor cities or
center cities within the developed shipping regions.  The authorities shall be responsible for the supervisory work of
safety on water within water areas subject to their jurisdictions. The establishment of specific authority shall be reported and
approved separately in accordance with stipulated procedures.  The cadre management of leaders of the authorities directly
under the Ministry of Communications shall be conducted mainly by the Ministry of Communications.  When the Ministry of
Communications appoints or removes the main leaders of such authority, the local opinions shall be asked.

    Two-line management in income and expenditure shall be applied to the administrative charges and revenues
from fines and confiscations of the central supervisory authority of safety on water.

    (c) The establishment of local supervisory authorities of safety on water

    The people’s governments of provinces, autonomous regions and municipalities directly under central authority
shall set up authorities to manage the supervisory work of safety on water  within other water areas.  The local
supervisory authorities of safety on water shall be led by the competent administrative authorities in communications of provinces,
autonomous regions and municipalities directly under central authority, and shall execute their duties within water areas subject
to their jurisdictions pursuant to authorized operation scope, in accordance with relevant provisions of regulations and rules on
water safety supervision stipulated by the state and the Ministry of Communications.  The names of the local supervisory
authorities of safety on water  shall be standardized uniformly by the Ministry of Communications.

    V. The organization and implementation of the reform

    The reform in the supervision and management system of safety on water, under the direction of Office of Central
Authority Establishment Commission, shall be organized and implemented by the Ministry of Communications and the relevant people’s
governments of provinces, autonomous regions and municipalities directly under central authority.  The Ministry of Communications
and the relevant people’s governments of provinces, autonomous regions and municipalities directly under central authority shall
organize a specialized group responsible for this work.  They shall insist on guideline of “active and safe”, deploy carefully,
organize elaborately, deal well with problems in various aspects, maintain normal work order, guarantee the entirety of state-owned
assets and ensure the reform running smoothly.

    To be propitious to the transfer and consolidation work of supervisory authorities of water security, the
Ministry of Communications shall sign agreement respectively with relevant people’s governments of provinces, autonomous regions
and municipalities directly under central authority in accordance with the reform plan, and form joint workgroups responsible for
conducting concrete matters in authority transfer and consolidation.

    The transfer and consolidation of supervisory authorities of safety on water shall be implemented in steps
pursuant to the order of “sea first, river second”. The transfer and consolidation work of supervisory authorities of safety on water
in coastal provinces, autonomous regions and municipalities shall be completed before October 1st 1999; the transfer and consolidation
work of supervisory authorities of safety on water in provinces, autonomous regions and municipalities along Yangtze river or Heilongjiang
river shall be completed before the end of year 1999; the people’s governments of provinces, autonomous regions and municipalities
directly under central authority shall, according to the condition of local organization reform, make overall arrangements for the
setup of local supervisory authorities of safety on water and other work.





DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON DISPOSITION OF THE EXISTING LAWS OF MACAO PURSUANT TO ARTICLE 145 OF THE BASIC LAW OF MACAO SPECIAL ADMINISTRATIVE REGION

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1999-10-31 Effective Date  1999-12-20  


Decision of the Standing Committee of the National People’s Congress on Disposition of the Existing Laws of Macao Pursuant to Article
145 of the


Schedule A
Schedule B
Schedule C
Schedule D

(Adopted by the 12th meeting of the Standing Committee of the Ninth National People’s Congress on October 31st 1999)

    The (hereinafter referred to as “Basic Law”) provides in Article 145 that “Upon the foundation of Macao Special Administrative Region,
the existing laws of Macao, except those declared conflicting herewith by the Standing Committee of the National People’s Congress,
shall be adopted as the laws of Macao Special Administrative Region, subject to any amendment or abolition pursuant to the provisions
hereof and legal procedures if found subsequently conflicting herewith.” In Article 8, it is provided that “The existing laws, decrees,
administrative regulations and other regulatory documents of Macao, except those conflicting herewith or amended according to legal
procedures by the legislative or other relevant authorities of Macao Special Administrative Region, shall be retained.” In accordance
with aforesaid provisions, the 12th meeting of the Standing Committee of the Ninth National People’s Congress has discussed the proposal
on disposition of the existing laws of Macao put forward by the Preparatory Committee of Macao Special Administrative Region of the
National People’s Congress, and decides as follows:

    I. The existing laws, decrees, administrative regulations and other regulatory documents of Macao, except
those conflicting with the , shall be adopted as the laws of Macao Special Administrative Region.

    II. The existing laws of Macao set forth in Schedule A hereof conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region.

    III. The existing laws of Macao set forth in Schedule B hereof conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region; however, relevant affairs may be dealt with pursuant
to the principles provided in and referencing to the existing manners before new laws concerned are formulated by Macao Special Administrative Region.

    IV. The conflicting provisions with the of the existing laws of Macao set forth in Schedule C hereof shall not be adopted as the laws of Macao Special Administrative Region.

    V. The existing laws of Macao adopted as the laws of Macao Special Administrative Region, since December 20th
1999, when applied, shall be necessarily modified, adapted, restricted or excluded, to conform to Macao’s status after the People’s
Republic of China resumes the exercise of sovereignty over Macao and the relevant provisions of the .

    Subject to aforesaid principles, of the existing laws of Macao:

  (a) The preface and signing parts shall not be retained, and henceforth not the parts of the laws of Macao Special Administrative
Region.

  (b) Those providing foreign affairs with respect to Macao Special Administrative Region, if not consistent with the national
laws effective in Macao Special Administrative Region, shall be subject to such national laws and conform to the international rights
enjoyed and the international obligations assumed by the Central People’s Government.

  (c) Any provisions conferring prerogative treatment upon Portuguese shall not be retained, except those with respect to
the reciprocity between Macao and Portugal.

  (d) Provisions with respect to the ownership of land shall be interpreted in accordance with Article 7 of the .

  (e) Provisions with respect to the prevailing of Portuguese language over Chinese language in legal effect shall be interpreted
that both Portuguese and Chinese are official language; provisions as to requiring the must use of Portuguese or simultaneous use
of both Portuguese and Chinese shall be dealt with pursuant to the provisions of Article 9 of the .

  (f) Provisions with respect to specialty or practicing qualification embodying injustice resulting from the governance
of Macao by Portugal may be referenced to and applied in accordance with the provisions of Article 129 of the as transitional arrangement, before Macao Special Administrative Region makes any amendment thereto.

  (g) Provisions with respect to the identity and position of civil personnel recruited outside Macao with Portuguese or
other foreign nationality shall be interpreted pursuant to the provisions of Article 99 of the .

  (h) Provisions quoting Portuguese law, if not prejudicial to the sovereignty of the People’s Republic of China and not
conflicting with the provisions of the , may be continued to be referenced to and applied as transitional arrangement, before Macao Special Administrative Region makes any
amendment thereto.

    VI. Subject to clause V, for existing laws of Macao adopted as the laws of Macao Special Administrative Region,
unless the context otherwise requires, the interpretation or application of the name, word, expression or sentence therein shall
be in accordance with the principles on replacement provided for by Schedule D hereof.

    VII. The existing laws of Macao adopted as the laws of Macao Special Administrative Region may be amended
or abolished pursuant to the provisions of the and legal procedures if found conflicting with the subsequently.

    The existing Portuguese laws governing Macao including laws formulated by Portuguese sovereign authority particularly
for Macao shall cease to be effective in Macao Special Administrative Region as from December 20th 1999.

Schedule A
The following laws, decrees and other regulatory documents of the existing laws of Macao conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region:

  (a) Law No. 5 / 90 / M on the evaluation of language level for government service and promotion;

  (b) – – Law No. 4 / 91 / M;

  (c) and amendments thereto (Law No. 7 / 93 /M, Law 10 / 93 M and Law 1 / 95 / M);

  (d) Decree No. 42 / 82 / M and Decree No. 36 / 89 / M on setting various
medals to honor significant conduct done for the region;

  (e) Decree No. 58 / 84 /M on defining the competent entity negotiating contract or agreement involving local public administration
with foreign public entity;

  (f) Decree No. 81 / 88 / M and Decree No. 10 / 92 / M on the retirement system of Portuguese far-east missionary;

  (g) – – Decree No. 51 / 91 / M;

  (h) Decree No. 11 / 92 / M on ratification of regulations on passport approval and issuance in Macao;

  (i) Decree No. 17 / 92 / M, Decree No. 18 / 92 / M, Decree No. 55 / 92 / M, Decree No. 45 / 96 / M, Decree No. 28 / 97
/ M, Decree No. 8 / 98 / M and Decree No. 10 / 99 / M on standardizing the judicial system of Macao;

  (j) Decree No. 5 / 93 / M on clarifying the applicable scope of provisions in section 1, Article 13 of the ;

  (k) Decree No. 20 / 99 / M on interpretations to relevant problems with respect to the declaration of the president of
Portugal granting Macao Court power of final jurisdiction and exclusive power of trial;

  (l) – – Resolution No. 1 / 93 / M of Legislative Council.

Schedule B
The following laws and decrees of the existing laws of Macao conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region; however, relevant affairs may be dealt with pursuant
to the principles provided in and referencing to the existing manners before new laws concerned are formulated by Macao Special Administrative Region:

  (a) Law No. 6 / 86 / M on standardizing the public property system within Macao water area;

  (b) Decree No. 60 / 92 M and Decree No. 37 / 95 / M on regulations of determining personnel coming to Macao for duty execution
recruited from the Republic of Portugal;

  (c) Decree No. 19 / 99 / M on ratification of new system of Macao I. D. card issuance.

Schedule C
The partial provisions of the following laws and decrees of the existing laws of Macao conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region:

  (a) Provisions on land sales and special approvals and licenses entitling Portuguese public legal person with capacity
of right to ownership of immovables to possess and use land in (Law No. 6 / 80 / M);

  (b) Section 5, Article 18 of the (Law No. 10 / 88 / M);

  (c) Provisions in (Law No. 24 / 88 / M) indicating regime of municipal authority;

  (d) Section 1 Article 59 and Section 1 Article 60 in Law No. 8 / 89 / M with respect to audio-visual and broadcasting
legal system;

  (e) Article 2, 17 and 41 of the (Law No. 11 / 90 / M);

  (f) Amendments to the by Law No. 1 / 96 / M;

  (g) Section 1 Article 10 and Section 2 Article 21 of Decree No. 41 / 83 / M on local general budget formulation, public
financial statement formulation, execution and management, business account formulation, and regulations on inspection of financial
activities in Macao public administrative region;

  (h) Article 30 of Decree No. 90 / 88 / M on general conditions that shall be complied with by social facilities for developing
social assistance activities for the children, youth, elderly, disabled or common resident;

  (i) Provisions for application of Portuguese extradition laws in Article 38 and Article 42 of Decree No. 5 / 91 / M with
respect to regarding trafficking in or use of narcotics as criminal conduct and advocating anti-narcotics measures;

  (j) Article 1 of Decree No. 19 / 92 / M on modifying regulations on establishing security forces;

  (k) Subsection D Section 1 Article 50 of (Decree No. 16 / 93 / M);

  (l) Provisions on technical assistance for the election and registration of voters of the Republic of Portugal in Section
A Article 14 of Decree No. 23 / 94 / M with respect to recasting the organizational structure of department of administration viz
government service;

  (m) Provisions on “commensuration day ” in Article 44 of Decree No. 2 / 95 / M with respect to recasting the organizational
structure of inspection team of marine police;

  (n) Provisions on “commensuration day ” in Article 69 of Decree No. 3 / 95 / M with respect to recasting the organizational
structure of office of security police;

  (o) Provisions on “commensuration day ” in Article 41 of Decree No. 4 / 95 / M with respect to recasting the organizational
structure of fire brigade;

  (p) Section 5 Article 19 of Decree No. 15 / 95 / M with respect to ratification of the regulations on Macao port authority
organization;

  (q) Provisions on “personnel with military appointment” in Schedule 5 and 6 of Decree No. 17 / 95 / M with respect to
adjustment of attached schedules of ;

  (r) Subsection B Section 2 Article 5 of Decree No. 55 / 95 / M with respect to modifying the general regulations on entering,
staying at and residing in Macao.

Schedule D
The interpretation or application of the name, word, expression and sentence in the existing laws of Macao adopted as the laws of
Macao Special Administrative Region shall generally comply with the following principles on replacement:

  (a) If the content of any provision referring to “Republic of Portugal”, “Portugal”, “Portuguese government”, “the Republic”,
“president of the Republic”, “government of the Republic”, “minister of the government ” or other similar name, word, expression
or sentence involves affairs administered by the Central Government or the relationship between the Central Government and Macao
stipulated by the , such name, word, expression or sentence shall be interpreted correspondingly as China, Central Government or other competent authority
of China, or the government of Macao Special Administrative Region in other condition.

  (b) Any name of “Macao”, “Macao region”, “Local”, “Macao jurisdiction” and others shall be interpreted as “Macao Special
Administrative Region”. Any statement with respect to the domain of Macao Special Administrative Region shall be applied only after
relevant interpretation given in accordance with the map of Macao Special Administrative Region promulgated by the State Council.

  (c) Any name, word, expression or sentence of “Courts of Macao Jurisdiction”, “Court of Common Jurisdiction”, “Court of
Administration”, “High Court” and “Office of Procurators” and others shall be interpreted correspondingly as Courts of Macao Special
Administrative Region, magistrate court, administrative court, intermediary court or procuratorate.

  (d) Any name of “Governor” and “Governor of Macao” shall be interpreted as the Executive Officer of Macao Special Administrative
Region.

  (e) Any name, word, expression or sentence referring to legislative council, judiciary, administrative authority or personnel
thereof shall be interpreted and applied in accordance with relevant provisions of the .

  (f) Any name, word, expression or sentence of “the People’s Republic of China”, “China”, “State” or the like shall be
interpreted as the People’s Republic of China comprising Taiwan, Hong Kong and Macao; any name, word, expression or sentence referring
separately or simultaneously to mainland, Taiwan, Hong Kong and Macao shall be interpreted correspondingly as a part of the People’s
Republic of China.

  (g) Any name, word, expression or sentence of “foreign country” or “other countries” or the like shall be interpreted
as any country or region except the People’s Republic of China, or as “any place except Macao Special Administrative Region” according
to the contents of such laws or provisions; any name, word, expression or sentence of “foreigner” or the like shall be interpreted
as any person except citizen of the People’s Republic of China.

  (h) Any name, word, expression or sentence of “Court of Auditors”, “Anticorruption viz Anti-administrative Misconduct
Ombudsman” or the like shall be interpreted as “Audit Office” or “Anticorruption Ombudsman”.





CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON AUTHORIZING SAFE BRANCHES TO DEAL WITH THE SHARE TRANSFER, LIQUIDATION, AND OTHER FOREIGN EXCHANGE BUSINESS FOR ENTERPRISES WITH FOREIGN INVESTMENT

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange on Authorizing SAFE Branches to Deal with the Share Transfer, Liquidation,
and Other Foreign Exchange Business for Enterprises with Foreign Investment

Huifa [1999] No.397

December 22, 1999

The “Circular Concerning Relevant Issues on Strengthening the Administration of Foreign Exchange under Capital Accounts” (Huifa [1998]
No.21) was issued by State Administration of Foreign Exchange in September 1998 to normalize the illegal capital transactions and
to adapt to the current domestic circumstances. According to the Article 3 , Section 9 of this Circular, approval of SAFE is required
when domestic institutions change into foreign exchange and transfer abroad their proceeds obtained from share transfers or liquidation
of investment.

Since illegal practices in this field have been corrected, we hereby issue this Circular as follows in order to improve the investment
environment for foreign funds and to improve the working efficiency by shortening the examination and approval procedures.

1.

SAFE branches in all provinces, autonomous regions, municipalities under the direct jurisdiction of the State Council, Beijing and
Chongqing foreign exchange administration departments, and Dalian, Qingdao, Ningbo, Xiamen and Shenzhen branches, are authorized
to examine and approve foreign investors’ application for changing into foreign exchange and transferring their proceeds obtained
from share transfers or liquidation of investment. SAFE branches shall report for file their approvals with the capital account administrative
department of the head office of SAFE case by case.

2.

A domestic enterprise, when applying for purchasing foreign exchange to buy shares from foreign shareholders, shall present following
documents to local SAFE branch:

(1)

Written application;

(2)

Registration Certificate of Foreign Exchange;

(3)

Share transfer agreement;

(4)

Documents issued by MOFTEC approving the changes in enterprises with foreign investment’s shareholding structures;

(5)

New business license, approval certificate granted by MOFTEC, approved joint venture contract and constitution;

(6)

The latest capital verification, auditing report, or valid asset appraisal report of the former enterprise with foreign investment;

(7)

Statements of foreign exchange accounts held by the domestic enterprise on the day of the application;

(8)

Tax certificate proving the prepayment of income tax, submitted by the domestic enterprise, in the case that the foreign party has
obtained benefits from the share transfer;

(9)

Other documents required to be complemented.

3.

When applying for purchasing foreign exchange to pay the foreign party for liquidation, an enterprise with foreign investment shall
submit to local SAFE branch the following materials for examination:

(1)

Written application;

(2)

Original copy of the Registration Certificate of Foreign Exchange;

(3)

Documents issued by MOFTEC or its branches approving the liquidation;

(4)

Liquidation agreement reached by the liquidation committee;

(5)

Verification certificate of the capital contribution;

(6)

Liquidation report provided by a CPA;

(7)

All notices on the opening of existing foreign exchange accounts;

(8)

Statements for foreign exchange accounts on the day of finalizing the liquidation;

(9)

Evidence for the cancellation of tax registration;

(10)

Other documents required to be complemented.

4.

Article 3 , Section 9 of the document Huifa [1999] No.21 is repealed.

The notice is specially notified.



 
The State Administration of Foreign Exchange
1999-12-22

 






PERSONAL INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA

CIRCULAR OF THE GENERAL ADMINISTRATION OF CUSTOMS ON RELEASING THE MEASURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF THIRD PLACE PROCESSING TRADE

The General Administration of Customs

Circular of the General Administration of Customs on Releasing the Measures of the Customs of the People’s Republic of China for the
Administration of Third Place Processing Trade

ShuShui [1999] No.648

September 22, 1999

Guangdong Customs Bureau and all customs bureaus directly under the General Administration of Customs:

In order to implement the Circular of the General Office of the State Council on Transmitting the Comments by the State Economic and
Trade Commission and Other Relevant Governmental Agencies on Further Improving the Deposit Account System for Processing Trade (GuoBanFa
[1999] No.35), the General Administration of Customs has drawn up the Measures of the Customs of the People’s Republic of China for
the Administration of Third Place Processing Trade, which, as released hereby, shall be promulgated as Decree No.74 of the General
Administration of Customs of the People’s Republic of China. Some relevant issues are clarified as follows:

I.

For third party processing trade, the customs authority administers the two parties involved differently. Once there occurs an adjustment
of the administrative mode of either party, the competent customs bureau shall, in accordance with the Circular of the General Administration
of Customs on Printing and Distributing the Detailed Rules of the Customs of the People’s Republic of China for the Implementation
of Classified Administration of Enterprises (ShuJian [1999] No. 345), make timely notification to its foreign counterpart on relevant
stipulations so that appropriate supervisory measures can be taken.

II.

The competent customs bureau of the processing party should consolidate the follow-up supervision over the filed contract, and shall,
within one month calculated from the date of the cancel upon verification and settlement of the contract, inform the competent customs
bureau of the processing party of the execution of the contract in the form of a Receipt of the Customs of People’s Republic of China
Concerning Third Place Processing Trade (hereinafter referred to as the Receipt).

III.

If it observes anything unusual in the course of the execution of the contract, the competent customs bureau of the processing party
shall relate the information to the competent customs bureau of the trading party in the form of a Receipt within seven working days
calculated from the date of discovery.

IV.

Before transmission of the Application to the Customs of the People’s Republic of China for Conducting Third Place Processing Trade
(hereinafter referred to as the Application) or the Receipt to the other location through network, the competent customs shall envelop
the Application or the Receipt and present it to its counterpart at the third place. After the transmission, the competent Customs
shall transmit the relevant content of the Application or the Receipt to its counterpart at the third place through network.

V.

The document ShuShui [1999] No.382 issued on May 25, 1999 by the General Administration of Customs is nullified thereupon.

VI.

The Application to the Customs of the People’s Republic of China for Conducting Third Party Processing Trade and the Receipt of the
Customs of the People’s Republic of China Concerning Processing Trade shall be printed by each individual customs of their own.

The Circular shall be observed and implemented accordingly.



 
The General Administration of Customs
1999-09-22

 






CIRCULAR OF THE STATE COUNCIL ON EXPANDING THE SCOPE OF APPLICATION OF THE REGULATIONS ON TAXATION PREFERENTIAL TERMS FOR FOREIGN-FUNDED ENTERPRISES ENGAGED IN ENERGY AND TRANSPORTATION INFRASTRUCTURE PROJECTS

Category  TAXATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1999-07-02 Effective Date  1999-01-01  


Circular of the State Council on Expanding the Scope of Application of the Regulations on Taxation Preferential Terms for Foreign-funded
Enterprises Engaged in Energy and Transportation Infrastructure Projects

(Issued by the State Council on July 2, 1999)

    In order to encourage foreign-funded enterprises to engage in energy and transportation infrastructure projects,
and to promote economic development of the middle and western regions, the State Council, in accordance with the relevant provisions of the Income tax Law of the People’s
Republic of China for Foreign-funded Enterprises and Foreign Enterprises, has decided to expand the scope of application of the regulations
on taxation preferential terms for foreign-funded enterprises engaged in energy and transportation infrastructure projects. The circular
is made as follows:

    From January 1, 1999 on, the provisions, as stipulated in Item 3 of Article 73(1)(1) of the Detailed Rules
for Implementing the Income tax Law of the People’s Republic of China for Foreign-funded Enterprises and Foreign Enterprises, on
production-oriented foreign-funded enterprises engaged in energy and transportation infrastructure projects may have its enterprise
income tax levied at a reduced tax rate of 15% after the approval of the State General Administration of Taxation, should be expanded
to all over the country for implementation.





DECISION OF THE PREPARATORY COMMITTEE FOR THE MACAO SPECIAL ADMINISTRATIVE REGION OF THE NATIONAL PEOPLE’S CONGRESS ON THE ISSUE OF THE STRUCTURE FOR MACAO MUNICIPAL ADMINISTRATION

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The Preparatory Committee for the Macao Special Administrative Region of Status of Effect  In Force
Date of Promulgation  1999-08-29 Effective Date  1999-08-29  


Decision of the Preparatory Committee for the Macao Special Administrative Region of the National People’s Congress on the issue
of the structure for Macao municipal administration



the National People’s Congress

(Adopted at the 10th Plenary Session of the Preparatory Committee for the

Macao Special Administrative Region of the National People’s Congress on
August 29, 1999)

    In accordance with the relevant provisions of Special Administrative Region of the People’s Republic of China > and the
reality condition of Macao, the Preparatory Committee for the Macao Special
Administrative Region of the National People’s Congress decide:

    1. Macao Special Administrative Region may set up a municipal
administrative structure with non-political power. The municipal structure
provide service in respects of culture, happy and peaceful, environmental
sanitation etc for residents with entrustment by the government of the
Special Administrative Region and offer consulting opinions concerning with
above affairs to the government of the Special Administrative Region. The law
of Special Administrative Region shall prescribe the functions, power and
composition of the municipal structure.

    2. Before establishment of above municipal structure of the Macao Special
Administrative Region the original municipal structure of Macao shall be
reorganized to the interim municipal structure of the Special Administrative
Region. The term of office of the interim municipal structure shall be up to
establishment of a new municipal structure and not over December 31, 2001.

    3. In the original municipal structure, the members of municipal
administrative parliament and the members of municipal administrative
executive committee who were to be elected may turn into the members of
corresponding structure in the interim municipal structure of Macao Special
Administrative Region if he is willing. If there is any vacancy of them it
shall be complemented according to law. Members of the municipal
administrative parliament and executive committee who produced by
appointment, shall be appointed by the Chief Executive according to the
corresponding number of members.

    4. The laws and system of the original municipal structure of Macao, the
contents of which don’t conflict with the Basic Law, may continue to retain
except the Standing Committee of the National People’s Congress have another
decision.

    5. The Emblem, Seal and Flag of the original municipal structure of Macao
shall stop using from December 20,1999. If the municipal structure of the
Macao Special Administrative Region have to use Emblem, Seal and Flag, they
shall be decided by Special Administrative Region on its own.

    6. The Chief of Executive of the Macao Special Administrative Region
shall be responsible for implement of this Decision.





CIRCULAR OF THE STATE ECONOMIC AND TRADE COMMISSION, THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION, THE GENERAL ADMINISTRATION OF CUSTOMS, PEOPLE’S BANK OF CHINA, THE STATE ADMINISTRATION OF FOREIGN EXCHANGE, BANK OF CHINA ON PRINTING AND DISTRIBUTING THE IMPLEMENTATION MEASURES CONCERNING PROCESSING TRADE ENTERPRISES PROVIDING TAX GUARANTEE IN VARIOUS FORMS

The State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs,
People’s Bank of China, the State Administration of Foreign Exchange, Bank of China

Circular of the State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs, People’s Bank of China, the State Administration of Foreign Exchange, Bank of China on Printing and Distributing the
Implementation Measures Concerning Processing Trade Enterprises Providing Tax Guarantee in Various Forms

GuoJingMaoMaoYi [1999] No.1271

December 29, 1999

Trade and economic commissions (economic commissions, planning and economic Commissions), commissions (departments and bureaus) of
foreign trade and economic cooperation of the various provinces, autonomous regions, municipalities directly under Central Government,
municipalities separately listed on the State plan and Xinjiang Production and Construction corps, Guangdong Sub-Administration of
the General Administration of the Customs, various customs directly under the General Administration of Customs, branches of the
People’s Bank of China, sub-bureaus of the State Administration of Foreign Exchange, branches of the Bank of China, and relevant
institutions of the State Council:

In order to implement the Circular of the General Office of the State Council on Transmitting the Circular of the State Economic and
Trade Commission and other Departments on Further Improving the Machine Account System of Bank Guaranty funds for Processing Trade
(GuoBanFa [1999] No. 35) and the Circular of the General Office of the State Council on Transmitting the Opinions of the MOFTEC Concerning
Taking Further Measures to Stimulate and Expand Export (GuoBanFa [1999] No. 71), the State Economic and Trade Commission, the MOFTEC,
the General Administration of the Customs, the People’s Bank of China, the State Administration of Foreign Exchange and the Bank
of China drafted Implementation Measures Concerning Processing Trade Enterprises Paying Tax Guarantee in Various Forms. In accordance
with the Customs Law of the People’s Republic of China, the Guarantee Law of the People’s Republic of China and other relevant laws
and regulations. The Implementation Measures states, financial institutions confirmed by the General Administration of Customs to
be qualified to provide guarantee to other institutions, or other legal entities that are capable of liquidating in other institutions’
place (hereinafter simplified as guarantee institutions), can provide guarantee to the Customs for processing trade enterprises.
Now, the Bank of China is confirmed by the General Administration of Customs and the People’s Bank of China as the financial institution
that provides guarantee to processing trade. This Measure is applicable to other guarantee institutions upon confirmation of their
qualification.

The Implementation Measures Concerning Processing Trade Enterprises Paying Tax Guarantee Fund in Various Forms hereby printed and
distributed to you.These Measures shall come into force on January 1, 2000.

Attachment:Implementation Measures Concerning Processing Trade Enterprises Paying Tax Guarantee Fund in Various Forms

Article 1

In order to perfect the machine account system of bank guarantee funds of processing trade, enterprises that deal with operations
of processing trade (hereinafter simplified as “enterprises”) are allowed to pay Customs tariff and other tax guarantee funds (herein
after simplified as “tax guaranty funds”) to the Customs in various forms, these measure are drafted in accordance with the Customs
Law of the People’s Republic of China and the Guarantee Law of the People’s Republic of China.

Article 2

In case that enterprises in processing trade can not pay tax guarantee funds to the Customs due to some reasons, these enterprises
can go through Customs filing procedures by presenting the Letter of Tax Payment Guarantee issued by the Bank of China in favor of
the Customs. Letter of Tax Payment Guarantee and Letter of Claim are attached hereafter.

Article 3

Following agencies of the Bank of China can issue letters of guarantee to the Customs upon self-evaluation according to credit standing
of enterprises:

1.

Business department in the head office of the Bank of China;

2.

Branches of various provinces, autonomous regions and municipalities directly under the Central Government;

3.

Shenzhen Branch of the Bank of China;

4.

Branches in Zhuhai, Shantou, Suzhou, Wusi, Ningbo, Xiamen and Shenyang.

Article 4

Funds guaranteed by the Bank of China include taxes and interests. Taxes refer to tariffs due by enterprises to the Customs and other
taxes confirmed by the Customs. Interests and interest rates are subject to relevant Customs regulations.

Article 5

The guarantee is valid till 60 days after the verification period of machine account is due.

Article 6

Within the guarantee validity, in case the value of processing contract increases or extension of contract occurs, enterprises should
first apply to the Bank of China for handling according to procedures concerning increasing value of the letter of guarantee and
contract extension and then go through procedures of machine account alteration with the Customs and the Bank of China. In order
to simplify formal procedures, the value of the letter of guarantee issued by the Bank of China may exceed the value of guarantee
funds upon application of the enterprise.

Article 7

For enterprises to which laws, regulations and this Measure are applicable, according to Contact Sheet of Establishment of Machine
Account of Bank Guarantee Funds and Contact Sheet of Alteration of Machine Account of Bank Guarantee Funds issued by the Customs,
the Bank of China will conduct evaluation on the credits of enterprises, and various forms of guarantee provided by enterprises,
such as guarantee, mortgage, hypothecation, retention and down payment (including funds in foreign exchange owned by enterprises
and guarantee funds provided by other nonfinancial guarantors). If evaluation demonstrates that enterprises meet requirements of
risk control, the Bank of China will issue the Letter of Tax Payment Guarantee in favor of the Customs and transfer the document
to relevant machine account units. The Bank of China may refuse to handle cases of enterprises that are not in accordance with the
State laws, regulations and this Measure.

Article 8

Upon receipt of the Letter of Guarantee for Machine Account Payment of Bank Guaranty Funds issued by branches of the Bank of China
upon empowerment of BOCL/G Department, BOC business units handling machine accounts will issue Registration Advice Note of Machine
Account of Bank Guarantee Funds or Alteration Advice Note of Machine Account of Bank Guarantee Funds. Enterprises can conduct filing
procedures of processing trade contracts by presenting the above two Advice notes and the Letter of Payment Guarantee.

Article 9

Within the guarantee validity, guarantee obligations of the BOC will be automatically terminated on condition that enterprises have
duly implemented contracts or submit taxes due. Within the guarantee validity, in case that enterprises have not fully or partially
perform export obligations, the Customs should issue Letter of Claim and payment Letter exclusively used by Customs to the Bank of
China in accordance with the amount of overdue tax and interest rates of postponed tax (if imported materials and components are
not allowed for domestic sales, a special Advice Note for Tax Payment, Collection, Deduction and Transfer should be issued.). The
Bank of China will perform compensation obligations stated in the letter of guarantee with the above documents. After performed compensation
obligations duly, the Bank of China can conduct the right of recourse upon entites guaranteed.

Article 10

The Machine Account Communication System currently existing between the Customs and the Bank of China remains unchanged. Issues concerning
machine account of bank guaranty funds will be handled by the Customs and the Bank of China in accordance with Circular on Printing
and Distributing Detailed Regulations of Implementation of Contact and Cooperation Measures Concerning the Actual Transfer of Machine
Account Guaranty Funds (ZhongYinFa [1999] No. 89) and various regulations concerned.

Article 11

Enterprises that have not obtained the Letter of Tax Payment Guarantee issued by the Bank of China should pay the tax guarantee funds
in forms of cash, girocheque, draft, remittance and so on, so forth.

Article 12

These measures shall enter into force from January 1, 2000. Detailed Regulations of Implementation will be drafted and issued by the
General Administration of Customs and the Bank of China.

Attachment:

1. Letter of tax payment guarantee (omitted)

2. Letter of claim(omitted)



 
The State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs, People’s Bank of China, the State Administration of Foreign Exchange, Bank of China
1999-12-29

 






AMENDMENT TO THE CRIMINAL LAW

Amendment to the Criminal Law of the People’s Republic of China

     (Adopted by the thirteenth Meeting of the Standing Committee of the Ninth National People’s Congress on December 25, 1999, promulgated
by Order No.27 of the President of the People’s Republic of China on December 25,1999,and effective as of the date of promulgation.)

In order to punish the crimes disrupting the order of the socialist market economy, ensure the smooth building of socialist modernization,
the criminal law is hereby amended as follows:

1. Subsequent to Article 162, one article is supplemented as Article 162: “Whoever conceals or deliberately destroys financial
vouchers, financial account books or financial statements, if the circumstances are serious, shall be sentenced to imprisonment
of less than five

years or criminal detention, and/or be imposed a fine no less than 20,000 yuan but no more than 200,000 yuan.

Where a unit commits the crime as mentioned in the preceding paragraph, it shall be imposed a fine, and the persons who are directly
in charge or persons who are directly responsible for the offence shall be punished according to the preceding paragraph.”

2. Article 168 of the Criminal Law is amended as: “Where an employee of a state-run company or enterprise is seriously irresponsible
or abuses the authorities, causing its bankruptcy or serious losses to the state-owned company or enterprise, and causing heavy
losses to the interests of the state, the employee shall be sentenced to imprisonment of no more than three years or criminal
detention; where the losses to the interests of the state is extremely heavy, the employee shall be sentenced to imprisonment
of no less than three years but no more than seven years.

Where an employee of a state-owned institution commits the crime as mentioned in the preceding paragraph, causing heavy
losses to the interests of the state, he shall be punished according to the preceding paragraph.

Where an employee of a state-owned company, enterprise or institution commits the crimes as mentioned in the preceding two paragraphs
out of irregularities for favoritism, he shall be given harsher punishment according to the first paragraph of this article.”

3. Article 174 of the Criminal Law is amended as: “Whoever stablishes, without the approval of the competent authorities of
the state, a commercial bank, securities exchange, futures exchange, futures brokering company, insurance company or other
financial institutions, he shall be sentenced to imprisonment of no more than three years or criminal detention, and/or
shall be imposed a fine of no less than 20,000 yuan but no more than 200,000 yuan; if the circumstances are serious, he
shall be sentenced to imprisonment of no less than three years but no more than ten years, and/or shall be imposed a fine of
no less than 50,000 yuan but no more than 500,000 yuan.

Whoever forges, alters or transfers the permit for operation or other documents of approval of a commercial bank, securities exchange,futures
exchange, futures brokering company, insurance company or other financial institutions, he shall be punished according to
the preceding paragraph.

Where a unit commits the crimes as mentioned in the preceding two paragraphs, it shall be imposed a fine, and the persons who
are directly in charge or who are directly responsible for the offence shall be punished according to the first paragraph of
this article.

4. Article 180 of the Criminal Law is amended as: “Any insider who possesses inside information about any stock or futures
exchange transactions, or anyone who illegally obtains such information, prior to the publication of the information that concerns
stock or futures exchange transactions that has a vital bearing on the stock price, buys or sells the very stock or divulges
the very information, shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of no more than five years
or criminal detention, and/or be imposed a fine of no less than one double but no more than five times of the illegal gains;
if the circumstances are extremely serious, he shall be sentenced to fixed-term imprisonment of no less than five years but no more
than 10 years and shall also be imposed a fine of no less than one double but no more than five times of the illegal gains.

Where a unit commits the crime as mentioned in the preceding paragraph, it shall be imposed a fine, and the persons who are directly
in charge or who are directly responsible for the offence shall be sentenced to fix-term imprisonment of no more than five years
or criminal detention.

The range of inside information and the insiders shall be determined in accordance with the laws and administrative regulations.”

5. Article 181 of the Criminal Law is amended as: “Whoever fabricates and spreads false information to adversely affect stock
or futures exchange transactions, disrupt the stock or futures exchange market,

shall, if the consequences are serious, be sentenced to fixed-term imprisonment of no more than five years or criminal detention,
and/or be imposed a fine of no less than 10,000 yuan but no more than 100,000 yuan.

Any employee of a stock exchange, futures exchange, securities company or futures brokering company or any member of a securities
association or futures association or department for the administration of

securities or futures who deliberately provides false information or forges, alters or destroys transaction records in order
to cajole investors into buying or selling securities or futures contracts and thus serious consequences have been resulted
in, shall be sentenced to

fixed-term imprisonment of no more than five years or criminal detention, and/or shall be imposed a fine of no less than
10,000 yuan but no more than 100,000 yuan; if the circumstances are extremely serious, he shall be sentenced to fixed-term
imprisonment of no less than five years but no more than 10 years, and/or shall be imposed a fine of no less than 20,000 yuan
but no more than 200,000 yuan.

Where a unit commits the crime as mentioned in the preceding two paragraphs, it shall be imposed a fine, and the persons who
are directly in charge or who are directly responsible for the crime shall be sentenced to fix-term imprisonment of no
more than five years or criminal detention.”

6. Article 182 of the Criminal Law is amended as: “Whoever commits any of the following acts by rigging stock or futures prices
in order to obtain illegitimate profits or transfer risks shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of no more than five years or criminal detention, and/or shall be imposed a fine of no less than one
double but no more than five times of the illegal gains:

(1) rigging stock or futures prices by working alone or by conspiracy in concluding transactions jointly or continuously through
a mustering superiority in the holding of funds, shares or futures storage or in the use of information;

(2) affecting stock or futures prices or the volume of stock or futures transactions by colluding with another and carrying
out stock or futures exchange transactions between themselves at a time, price or in a manner previously agreed upon, or buying
or selling between themselves the securities they do not hold;

(3) affecting the prices of stock or futures or the volume of stock or futures transactions by taking himself as the counterpart
of transaction and trading in stocks with himself without transferring ownership of the securities or trading in the futures contracts;
or

(4) rigging the prices of stock or futures by any other means.

Where a unit commits any of the crimes as mentioned in the preceding paragraph, it shall be imposed a fine, and the persons who
are directly in charge and the persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment
of no more than five years or criminal detention.”

7. Article 185 of the Criminal Law is amended as: “Any employee of a commercial bank, securities exchange, futures exchange,
securities company, futures brokering company, insurance company or of any other banking institution who, by taking advantage
of his position, misappropriates money belonging to the unit or any client shall be convicted and punished according to
Article 272 of this Law.

If any employee of a State-owned commercial bank, stock exchange, futures exchange, securities company, futures brokering
company, insurance company or other banking institution or any person who is assigned by a state-owned commercial bank,
stock exchange, futures

exchange, securities company, futures brokering company, insurance company or other banking institution to an institution that
is not owned by the state to engage in public service commits the act as mentioned in the preceding paragraph,he shall be convicted
and punished according to the provisions in Article 384 of this Law.

8. A clause is supplemented to Article 225 as the third lause: “without permission from the competent authorities of the state, is
engaged in the business of securities, futures or insurance.” The third clause of the original Law shall be changed accordingly
to be the fourth clause.

9.These amendments shall come into effect as of the date of promulgation.

(The English translations are for reference only.)

    





INTERIM PROVISIONS OF SHANGHAI MUNICIPALITY ON INQUIRY OF REAL ESTATE REGISTRATION MATERIALS

Interim Provisions of Shanghai Municipality on Inquiry of Real Estate Registration Materials

     Article 1 (Purpose and Basis)

For the purpose of making full use of real estate registration materials, protecting the lawful rights and interests of real estate
owners, and maintaining the order of real estate market, these Provisions are formulated in accordance with the Regulations of Shanghai
Municipality on Real Estate Registration.

   Article 2 (Definition of Registration Materials)

The real estate registration materials (hereinafter referred to as Registration Materials) mentioned in these Provisions refer to
the original documents of real estate submitted by real estate registration applicant (hereinafter referred to as Original Documents)
and the real estate registration books (hereinafter referred to as Registration Books) kept by real estate registration organs on
which the information of real estate rights is recorded after the general registration of real estate and the general survey of land
ownership in this Municipality.

   Article 3 (Division of Function for Registration Organs)

The registration organs of municipality, districts and counties (hereinafter referred to as Registration Organ) are in charge of the
inquiry of the relevant Registration Materials in the light of their respective scopes of administration of real estate registration.

   Article 4 (Requirement of Administration)

The Registration Organs shall take good care of the Registration Materials and ensure the completeness, accurateness and safety of
the Registration Materials.

   Article 5 (Items to be Listed in the Registration Books)

The Registration Organs shall, according to the Original Documents submitted by the real estate registration applicants, register
in the Registration Books the following items:

(1) the location of the real estate;

(2) the names of the right holders of the original registration and the registration of alteration of the land use right and the ownership
of buildings;

(3) the way the land use right was acquired, the duration of land use and the area of the land;

(4) the nature of the planned use of the land;

(5) the construction area of the building;

(6) the date the construction of the building is completed;

(7) the scope, date and duration of the mortgage, pawn, lease and other rights and interests created on the real estate, and the scope
of the credit guaranteed by the mortgage;

(8) the date of the real estate registration (including the registration of alteration and the registration of cancellation); and

(9) any restriction on the property right of the real estate.

The Registration Organs shall register the relevant information in the Original Documents onto the Registration Books within three
days after the registration is approved in accordance with the law.

   Article 6 (Permitted Scope of Inquiry of Registration Books)

The Registration Books may be inquired publicly.

   Article 7 (Permitted Scope of Inquiry of Original Documents)

Any unit and individual person may inquire the Original Documents within the following scope:

(1) The right holders, or their attorneys, of land use right and ownership of buildings may inquire all the Original Documents in
relation to the said real estate;

(2) Parties or their attorneys to real estate mortgage, pawn or lease, or other rights or interests may inquire all the Original Documents
directly related to the said real estate rights;

(3) The inheritors, donees of real estate or their attorneys may inquire the Original Documents in relation to the said real estate
rights;

(4) National security organs, public security organs, procuratorial organs, judicial organs, and discipline investigation and supervision
departments may inquire all the Original Documents in relation to the cases being investigated or handled by them;

(5) Public notary institutions and arbitration institutions may inquire the Original Documents directly related to the case being
notarized or arbitrated;

(6) Parties, or their artorneys, to an arbitration or litigation may inquire the Original Documents directly related to the arbitration
or litigation;

(7) Parties, or their attorneys, to a real estate dispute identified by the municipal, district or county real estate departments
may inquire the Original Documents directly related to the said real estate.

   Article 8 (Application for Inquiring the Registration Books)

Any unit or individual person applying to inquire the Registration Books shall fill in an application form stating clearly and definitely
the location of the real estate and the items to be inquired, and submit it to the Registration Organ, and provide his or her personal
identification.

   Article 9 (Application for Inquiring the Original Documents)

Any unit or individual person applying to inquire the Original Documents shall fill in an application form stating clearly and definitely
the location of the real estate and the items to be inquired, and submit it to the Registration Organ, and provide relevant materials
of certification in accordance with the following provisions:

(1) The right holder of a land use right and the owner of a building shall submit the real estate ownership certificate and his or
her personal identification. The attorney shall also provide the power of attorney and the personal identification.

(2) Parties to a real estate mortgage, pawn, or lease shall provide the registration certificate of the said right and the personal
identification. The attorney shall also provide the power of attorney and the personal identification.

(3) The inheritor or donee of a real estate shall provide certificate proving the inheritance or gift and the personal identification.
The attorney shall also provide the power of attorney and the personal identification.

(4) National security organs, public security organs, procuratorial organs, judicial organs, discipline investigation and supervision
departments shall have their designated personnel provide certificate issued by an organ at the county level or above. The designated
persons shall also provide their working certificates.

(5) Public notary institutions and arbitration institutions shall have their designated personnel provide the certificates of application
of notary or arbitration, and the certificates issued by the public notary or arbitration institutions. The designated persons shall
also provide their working certificates.

(6) The party in an arbitration or litigation shall provide documents proving that the case has been accepted, and provide the personal
identification. The attorney shall also provide the power of attorney and the personal identifications.

(7) The party in a real estate dispute shall provide certificate issued by the municipal, district or county real estate departments
conforming the dispute, and provide the personal identification. The attorney shall also provide the power of attorney and the personal
identification.

   Article 10 (Restriction of Inquiry to Special Registration Materials)

Any confidential Registration Materials relating to national security or military affairs shall be permitted for inquiry after being
approved in writing by the national security or military organs.

   Article 11 (Availability of Inquiry)

If an application for inquiry meets the requirement of these Provisions, the Registration Organ shall immediately provide the inquired
materials. When there are problems to provide the materials immediately, the Registration Organ shall give the applicant the explanation
and shall provide the inquired materials within 5 days after the application is accepted. The Registration Organ shall not refuse
the inquiry without justifiable reasons.

   Article 12 (Requirement of Inquiry)

The inquiry of Registration Materials shall be conducted at the place designated by the Registration Organ. The inquirer shall keep
good condition of the materials being inquired and shall not mark with dots or small circles, underline, make any notes or signs,
make alterations or take the documents apart.

Where the inquirer violates the above provision, the staff member of the Registration Organ shall stop the person. If the inquirer
refuses to stop, the staff member may refuse to provide the inquiry. If there are any damages, the inquirer shall be liable for compensation.

   Article 13 (Method of Inquiry)

The inquirer of the Registration Materials may copy the information in the Registration Materials, or ask the staff member of the
Registration Organ to duplicate relevant Registration Materials.

The Registration Organs shall attach official seal to the duplicated Registration Materials. Where there is no Original Document or
no information provided in the Registration Books, the Registration Organ shall issue a written certificate to prove that no registration
information is recorded.

   Article 14 (Duties of Confidentiality of the Registration Organ)

The staff members of the Registration Organ shall keep confidential of the content of the Original Documents and may not expand the
scope of Original Documents inquiry without authorization.

Where a staff member of the Registration Organ violates the above provision, the Registration Organ or the department of high level
in charge of that Organ shall impose administrative sanction on the staff. Where damages are caused to any concerned parties, the
Registration Organ shall compensate the damages according to law.

   Article 15 (Duties of Confidentiality of the Inquirer)

The inquirer mentioned in Item 4 and Item 5 of Article 7 shall keep confidential of the contents of the Original Documents and may
not divulge the privacy or trade secret of the parties concerned.

Those who violate the above provision shall be dealt with according to relevant laws and regulations.

   Article 16 (Liability for Incorrect Registration Information)

If damages are caused to the inquirer or relevant parties because the Registration Organ does not timely record the information in
the Original Documents to the Registration Book, or has incorrectly recorded the information, the Registration Organ shall compensate
the damages according to law.

   Article 17 (Fees for the Inquiry)

Fees for the inquiry will be charged according to the relevant provisions of the municipal departments of price control and finance.

   Article 18 (Inquiry of Materials Before the General Registration of Real Estate and the General Survey of Land Ownership)

The inquiry of materials before the general registration of real estate and the general survey of land ownership in this Municipality
shall follow the provisions on archive inquiry.

   Article 19 (The Department Responsible for the Interpretation of Application)

The Shanghai Municipal Housing and Land Administration Bureau may be responsible for the interpretation of the specific application
of these Provisions.

   Article 20 (Date of Implementation)

These Provisions shall become effective on January 1,1999.

    





123...28Page 1 of 28

CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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