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2005

SUPPLEMENTARY PROVISIONS TO THE PROVISIONAL REGULATIONS ON INVESTMENT IN CINEMAS BY FOREIGN INVESTORS

the State Administration of Radio, Film and Television

Order of the State Administration of Radio, Film and Television

No. 49

The Supplementary Provisions to the Provisional Regulations on Investment in Cinemas by Foreign Investors, which were deliberated
and adopted by the State Administration of Radio, Film and Television, the Ministry of Commerce and the Ministry of Culture of the
People￿￿s Republic of China, are hereby promulgated and shall come into force as of May 8, 2005.

Wang Taihua, the Director General of the State Administration of Radio, Film and Television

Bo Xilai, the Minister of the Ministry of Commerce of the PRC

Sun Jiazheng, the Minister of the Ministry of Culture of the PRC

April 8, 2005

Supplementary Provisions to the Provisional Regulations on Investment in Cinemas by Foreign Investors

In order to promote the establishment of closer economic partnership between Hong Kong, Macao and the Mainland of China and encourage
the service providers from Hong Kong and Macao to set up enterprises engaging in film showing business in the Mainland of China,
the supplemental provisions on the investment in cinemas by service providers from Hong Kong and Macao as provided for in the Provisional
Regulations on Investment in Cinemas by Foreign Investors (Order No. 21 of the State Administration of Radio, Film and Television,
the Ministry of Commerce and the Ministry of Culture) and in the Attachment thereof are formulated according to the Supplementary
Protocol to the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Supplementary Protocol to the Mainland and
Macao Closer Economic Partnership Arrangement as approved by the State Council.

1.

As of January 1, 2005, the service providers from Hong Kong and Macao shall be permitted to build, reconstruct and operate cinemas
in the Mainland of China in the form of equity joint venture, contractual joint venture or solely-funded enterprise.

2.

The service providers from Hong Kong and Macao as provided for in the present Provisions shall comply with the definitions and the
relevant requirements in the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Mainland and Macao Closer Economic
Partnership Arrangement respectively.

3.

Other matters on investment in cinemas by service providers from Hong Kong and Macao in the Mainland of China shall still follow the
Provisional Regulations on Investment in Cinemas by Foreign Investors.

4.

The present Provisions shall come into force as of May 8, 2005.



 
the State Administration of Radio, Film and Television
2005-04-08

 







MEASURES FOR THE ADMINISTRATION OF PAWNING




the Ministry of Commerce, the Ministry of Public Security

Order of the Ministry of Commerce and the Ministry of Public Security

No.8

The Measures for the Administration of Pawning, which were deliberated and adopted at the executive meeting of the Ministry of Commerce
and approved by the Ministry of Public Security, are hereby promulgated and shall come into force as of April 1st, 2005.

The Minister of the Ministry of Commerce Bo Xilai

The Minister of the Ministry of Public Security Zhou Yongkang

February 9, 2005

Measures for the Administration of Pawning

Chapter I General Provisions

Article 1

With a view to regulating pawning activities, strengthening supervision and administration, and accelerating the healthy development
of the pawn industry, the present Measures are formulated according to the relevant legal provisions.

Article 2

The present Measures shall be applicable to the establishment of pawnshops and the undertaking of pawning activities within the territory
of the People’s Republic of China.

Article 3

The term “pawning” as mentioned in the present Measures, shall refer to the act that a pawner gives his or her chattel or property
rights to a pawnshop as a pledge for pawned item or gives his or her real estate to the pawnshop as a mortgage for the pawned item,
pays expenses at a certain rate, obtains pawn money and then, within the agreed period of time, redeems the pawned item by repaying
the pawn money and the interest thereof.

The term “pawnshop” as mentioned in the present Measures, shall refer to an enterprise juridical person that is established according
to the present Measures and specially engages in the pawning activities. And its organizational form and its institutions shall accord
with the relevant provisions of the Company Law of the People’s Republic of China.

Article 4

The competent department of commerce shall conduct supervision and administration on the pawn industry. And the public security organ
shall carry out public security administration on the pawn industry.

Article 5

The name of a pawnshop shall accord with the relevant provisions on the administration of enterprise name registration with the word
“pawn” indicated in the name. No other business organization and institution may include the word “pawn” in their names, nor may
they undertake pawn businesses overtly or in any disguised form.

Article 6

When undertaking business activities, a pawnshop shall abide by the laws, regulations and rules, and follow the principles of equality,
free will, good faith and mutual benefit.

Chapter II Establishment

Article 7

When applying for the establishment of a pawnshop, one shall meet the following conditions:

1.

having its own articles of association conforming to the provisions of laws and regulations;

2.

having the minimum registered capital as prescribed in the present Measures;

3.

having a business place meeting the requirements and the facilities that are necessary for business operations;

4.

having managers and appraisers who are familiar with the pawn business;

5.

having two or more shareholders with legal person status, and the institutional shares as comparative controlling shares;

6.

complying with the requirements for management of public security as prescribed in Articles 9 and 10 of the present Measures; and

7.

complying with the state requirements for overall planning and reasonable arrangement of pawnshops.

Article 8

The minimum registered capital of a pawnshop shall be RMB 3 million Yuan; for the pawnshop that undertakes the pawn business of mortgage
of real estates, the minimum registered capital shall be RMB 5 million Yuan; for the pawnshop that undertakes the pawn business of
pledge of property rights, the minimum registered capital shall be RMB 10 million Yuan.

The minimum registered capital of a pawnshop shall be the monetary capital actually paid by shareholders, not including the capital
contributed in the form of in-kind, industrial property rights, know-how and the land use right.

Article 9

A pawnshop shall establish and improve the following safety systems:

1.

the system for checking the certificates or licenses for accepting, renewal of a pawn and redeeming any pawned item;

2.

the system for checking and keeping pawned items;

3.

the system for assisting in the investigation and ordering circularly the arrest of a criminal at large;

4.

the system for reporting suspicious instances; and

5.

the system of equipment of security personnel.

Article 10

The building construction and business facilities of a pawnshop shall conform to the relevant security standards and provisions on
fire control of the state. The specific safety facilities are as follows:

1.

video equipments set up in the business place (the video materials shall be kept for at least two months);

2.

safeguard facilities shall be set up at the business counters;

3.

warehouses for keeping pawned items and safe boxes (counters or deposits), which meet the safety requirements;

4.

the alarm device;

5.

safeguard facilities for doors and windows; and

6.

necessary fire control facilities and equipments.

Article 11

When establishing a pawnshop, an applicant shall submit the following documents to the competent department of commerce at the level
of districted city (prefecture) of the locality where the pawnshop is to be established:

1.

an application for the establishment, which shall specify the name, residence, registered capital, shareholders and their amount of
capital contributions, business scope of the pawnshop to be established and etc., and a feasibility study report;

2.

the articles of association of the pawnshop, the agreement on capital contributions and the commitment on capital contributions;

3.

business rules, internal management system and safeguard measures of the pawnshop;

4.

the capital verification certificate issued by a capital verification institution that has legal qualification;

5.

resumes of the individual shareholders, the legal representative to be appointed and other senior managers as issued by the personnel
department of the entity where their archives are placed;

6.

the recent financial auditing report of the shareholders with legal person status and the certificate of capability for capital contribution
as issued by the accountant firm that has legal qualification, the resolution of the board of directors or the shareholders’ meeting
of the shareholders with legal person status and a photocopy of the duplicate of the business licenses thereof;

7.

the effective certification documents of ownership or use right of the business place, which meet the requirements; and

8.

the Notice of Approval of Enterprise Names in Advance as issued by the administrative department for industry and commerce.

Article 12

Any pawnshop that meets the following conditions may establish a trans-province (autonomous region or municipalities directly under
the Central Government) branches:

1.

having engaged in the pawn business for three years or more with the registered capital of not less than RMB 15 million Yuan;

2.

making profits consecutively in the past two years; and

3.

having no records of violating laws and regulations in its business operations during the past two years.

The branches of any pawnshop shall implement the safety system as prescribed in Article 9 of the present Measures, and shall have
the safety facilities as prescribed in Article 10 of the present Measures.

Article 13

A pawnshop shall allocate the working capital of not less than RMB 5 million Yuan to each of its branch.

The total working capital of all the branches of a pawnshop shall not exceed 50% of the registered capital of the pawnshop.

Article 14

When applying for establishing any branch, a pawnshop shallsubmit the following materials to the competent department of commerce
at the level of districted city (prefecture) of the locality where the branch is to be established:

1.

the application report for establishment of the branch (which shall specify the name, residence, person-in-charge, amount of working
capital and etc. of the branch to be established), a feasibility study report and the resolution of the board of directors (or the
shareholders’ meeting);

2.

the financial report of the pawnshop in the past two years as issued by a qualified accountant firm;

3.

the resume of the person to be appointed in charge of the branch, which is issued by the personnel department at the locality where
his archives are placed;

4.

the effective certification documents of ownership or use right of the business place, which meet the requirements; and

5.

the certificate of having no records of violating any law or regulation in the past two years as issued by the competent department
of commerce at the provincial level and the public security organ of the people’s government at the level of the county where it
is located.

Article 15

After receiving an application for establishing a pawnshop or an application of a pawnshop for establishing a branch, the competent
department of commerce at the level of districted city (prefecture) shall report it for examination to the competent department of
commerce at the provincial level which shall in turn submit the examination opinions and the application documents to the Ministry
of Commerce for approval and issuance of a License for Operation of Pawn Business. The competent department of commerce at the provincial
level shall circulate a report on the relevant conditions to the public security organ of the people’s government at the same level
within 5 days (workdays, the same hereinafter) after receiving the approval documents of the Ministry of Commerce. And the public
security organ of the people’s government at the provincial level shall notify the public security organ of the people’s government
at the level of districted city (prefecture) of the report within 5 days.

Article 16

After receiving a License for Operation of Pawn Business, the applicant shall apply for a License of Special Trades for the pawnshop
to the public security organ of the people’s government at the level of the local county within 10 days, and submit the following
materials:

1.

an application report;

2.

the License for Operation of Pawn Business and its photocopy;

3.

the resumes of the legal representative, individual shareholders and other senior managers as well as the photocopies of their effective
identity certificates;

4.

the certificate of having no records of intentional crimes as issued by the respective public security organ of the people’s government
at the level of the county where the registered permanent residences of the legal representative, individual shareholders and other
senior managers are placed;

5.

the ichnography and constructional drawing of the business place and the warehouse of the pawnshop;

6.

the video equipments, safeguard facilities, safe boxes (counters, warehouses) and the distribution plan of the sites for the installation
and setup of fire control facilities;

7.

various rules on public security safeguarding and fire control; and

8.

basic information of the public security safeguarding organizations and personnel.

Article 17

The public security organ of the people’s government at the level of the county where the applicant resides shall, within 10 days
after accepting the application, report the application documents and the result of preliminary examination to the public security
organ of the people’s government at the level of districted city (prefecture) which shall finish the examination and approval within
10 days and issue a License of Special Trades to those to whom approval is granted.

The public security organ of the people’s government at the level of districted city (prefecture) shall finish the examination and
approval on the applications accepted directly by itself within 20 days. And, upon approval, a License of Special Trades shall be
issued

The public security organ of the people’s government at the level of districted city (prefecture) shall, within 5 days after issuing
a license, report the conditions of examination and approval to the public security organ of the people’s government at the provincial
level for archival filing; and the public security organ of the people’s government at the provincial level shall report the relevant
matters to the competent department of commerce at the same level within 5 days.

The applicant shall, within 10 days after receiving the License of Special Trades, apply for checking in and registration at the administrative
department for industry and commerce, and shall not conduct business operations until having received the business license.

Chapter III Alteration and Termination

Article 18

Where a pawnshop alters its name and registered capital (excluding those whose registered capital is more than RMB 50 million Yuan
after alteration), replaces its legal representative, or changes its residence within the scope of the city (region, prefecture,
or league), transfers stocks (excluding those that transfer stocks to anyone else for up to 50% of its total shares accumulatively),
it shall be subject to the approval of the competent department of commerce at the provincial level. The competent department of
commerce at the provincial level shall report it to the Ministry of Commerce for archival filing within 20 days after approval. The
Ministry of Commerce shall change the License for Operation of Pawn Business collectively in June and December each year.

Where any pawnshop is split, merged, or moves its residence to another city (region, prefecture, or league), or transfers its stocks
to anyone else for up to 50% of its total shares accumulatively, or the registered capital after alteration is more than RMB 50 Yuan,
it shall, upon the approval of the competent department of commerce at the provincial level, report it to the Ministry of Commerce
for approval and change the License for Operation of Pawn Business.

The applicant shall, after receiving the License for Operation of Pawn Business, apply for changing the License of Special Trades
and the business license according to the relevant provisions of Article 17 of the present Measures.

Article 19

When increasing its registered capital, a pawnshop shall meet the following conditions:

1.

The time interval between the increase of registered capital and the time when it started its business operations or the preceding
increase of registered capital shall be one year or more; and

2.

having no record of operation in violation of any law or regulation within one year.

Article 20

If any pawnshop alters its registered capital or adjusts the structure of its capital stocks, the new individual shareholders and
the senior managers to be appointed shall accept qualification examination; and the new shareholders with legal-person status and
the shareholders with legal person status after capital increase shall have the corresponding capability and qualification for investment.

Article 21

Where anyone fails to obtain the License of Special Trades or the business license as required without justifiable reasons, or fails
to start business without justifiable reasons for more than 6 months as of the date of being issued of the business license, or stops
the business operation for more than 6 consecutive months after starting business, the competent department of commerce at the provincial
level and the public security organ of the people’s government at the level of districted city (prefecture) shall take back the License
for Operation of Pawn Business and the License of Special Trades respectively, and the original approval documents shall be revoked
automatically. The License for Operation of Pawn Business that has bee taken back shall be returned to the Ministry of Commerce.

Where any competent department of commerce at the provincial level takes back the License for Operation of Pawn Business or any public
security organ of the people’s government at the level of districted city (prefecture) takes back the License of Special Trades,
it shall report to each other the relevant matters through the public security organ of the people’s government at the provincial
level within 10 days.

After its license is taken back, the pawnshop shall apply for writing-off registration to the administrative department for industry
and commerce according to law.

Article 22

A pawnshop shall, three months before its dissolution, file an application to the competent department of commerce at the provincial
level, and shall stop other business operations except redeeming pawned objects or disposing the absolutely pawned objects upon approval
and set up a liquidation group according to law to make liquidation.

Article 23

After the liquidation to a pawnshop is completed, the liquidation group shall submit a liquidation report for confirmation to the
competent department of commerce at the provincial levelwhich shall take back the License for Operation of Pawn Business and notify
the public security organ of the people’s government at the same level within 5 days.

The public security organ of the people’s government at the provincial level shall notify the public security organ of the people’s
government at the level of districted city (prefecture) that has made the original approval decision to take back the License of
Special Trades within 5 days.

The pawnshop shall, after the liquidation is completed, apply for writing off registration to the administrative department of industry
and commerce according to law.

Article 24

The competent department of commerce at the provincial level shall make a public announcement on any pawnshop that has terminated
its business operations, and report it to the Ministry of Commerce for archival filing.

Chapter IV Business Scope

Article 25

A pawnshop may undertake the following business operations upon approval:

1.

the pawn business of pledge of chattel;

2.

the pawn business of pledge of property rights;

3.

the pawn business of mortgage of real estates (excluding the real estates of other provinces, autonomous regions, and municipalities
directly under the Central Government or the projects under construction for which the licenses for advance sale of commercial houses
has not been obtained);

4.

sale of the absolutely pawned objects within a certain value;

5.

appraisal and counseling consultation; and

6.

other pawn businesses as approved by the Ministry of Commerce according to law.

Article 26

No pawnshops may undertake any of the following businesses:

1.

the sale of non-absolutely pawned objects or the purchase or consignment of old objects;

2.

the business of mortgage of chattel;

3.

raising funds or absorbing deposit overtly or in any disguised form;

4.

granting credit loans; or

5.

other businesses not approved by the Ministry of Commerce.

Article 27

No pawnshop may accept any of the following properties in its pawn business:

1.

property that has been lawfully sealed up, detained or property against which other protective measures have been taken;

2.

ill-gotten goods and items without clear sources;

3.

any item that is inflammable, easily explosive, severely toxic or radioactive and the containers thereof;

4.

knife tools under control, guns, ammunitions, marks used by army or police, uniforms and instruments;

5.

the official documents and seals of the state organs and the properties under its control;

6.

the certificates or licenses except the certificate of real right issued by the state organs and the effective identity certificates;

7.

property over which the pawner has no ownership or fails to obtain the right of disposition according to law; and

8.

natural resources or other property or items that are prohibited from circulating by laws, regulations and the relevant provisions
of the state.

Article 28

No pawnshops may have any of the following acts:

1.

borrowing money from entities or individuals except commercial banks;

2.

making inter-bank capital borrowing with other pawnshops overtly or in any disguised form;

3.

getting loans from commercial banks beyond the prescribed limit; or

4.

making foreign investment.

Article 29

To accept those items that are subject to uniform purchase, exclusive sale or monopolistic sale of the state, the pawnshop shall obtain
the approval of the relevant departments of the government.

Chapter V Pawn Tickets

Article 30

A pawn ticket is a loan contract between a pawnshop and a pawner, and is the credence for payment of pawn money to the pawner by the
pawnshop.

If a pawnshop comes to any agreement with a pawner on any matter beyond the pawn ticket, they shall sign a supplementary written contract.
But the contents stipulated in the contract shall not violate the relevant laws, regulations and the provisions of the present Measures.

Article 31

A pawn ticket shall specify the following items:

1.

name and residence of the pawnshop;

2.

name and residence (or address) of the pawner, relevant certificates (licenses) and their numbers thereof;

3.

name, quantity, quality and status of the pawned item;

4.

the estimated value and the amount of pawn money;

5.

the interest rate and comprehensive premium rate;

6.

date and term of the pawn, the term of renewal of the pawn; and

7.

points for attention to the pawners.

Article 32

No pawnshop or pawner may transfer, lend or pledge his/its pawn ticket to any third person.

Article 33

The pawnshop and the pawner shall record their pawn ticket in truth and well keep it.

In case any pawn ticket is lost, the pawner shall in time report the loss to the pawnshop. In case the pawner fails to report the
loss of the pawn ticket to the pawnshop, or the pawned item has been redeemed by any other person before the pawner reports the loss
to the pawnshop, the pawnshop shall not be regarded as blamable and shall not compensate the loss.

Chapter IV Rules for Business Operation

Article 34

No pawnshop may entrust any other entity or individual to handle the pawn business as an agent, nor may it assign any operating person
to any other organization, institution or business place to conduct the pawn business.

Article 35

When a pawner pawns an item or redeems any pawned item, he/it shall show his/its own effective identity certificate. If the pawner
is an entity, the pawn handler shall show the certificate of the entity and the effective identity certificate of himself; in the
case of a pawn by entrustment, the entrusted person shall show the power of attorney of the pawner, and the effective identity certificates
of himself and the client.

Except the certificates as listed in the preceding paragraph, the pawner shall, when pawning any item, provide the source of the pawned
item and the relevant certificate documents according to the facts to the pawnshop. When redeeming the pawned item, the pawner shall
show the pawn ticket.

The pawnshop shall check the certificate documents as listed in paragraph two of this Article, which are issued by the pawner.

Article 36

Both parties shall determine the estimated value and the amount of pawn money of any pawned item through negotiation.

In case both parties cannot come to an agreement on the pawned value of any real estate through negotiation, they may entrust a real
estate price appraisal institution that has the competent qualification to make an appraisal, and the estimated value may be regarded
as a reference for determining the pawned value.

The time limit of a pawn shall be stipulated by both parties, and shall not exceed 6 months at the maximum.

Article 37

The interest rate for the pawn value shall apply the six-month legal interest rate of loans to a banking institution as announced
by the People’s Bank of China after converting the term of pawn.

The interest for the pawn value shall not be deducted in advance.

Article 38

The comprehensive premium of a pawn shall include all kinds of service fees and overhead expenses.

In the case of a pledged pawn of chattel, the monthly comprehensive premium rate shall not exceed 42￿￿f the pawn value.

In the case of a mortgaged pawn of real estate, the monthly comprehensive premium rate shall not exceed 27￿￿f the pawn value.

In the case of a pledged pawn of property right, the monthly comprehensive premium rate shall not exceed 24￿￿f the pawn value.

Where the term of a pawn is less than 5 days, the premium shall be charged as that the term is 5 days.

Article 39

Upon the agreement of both parties during the period of a pawn or within 5 days after the expiration of the pawn term, the pawn may
be renewed for 6 months at maximum each time. The renewed term of the pawn shall be calculated from the day when the pawn term expires
or when the former renewed term of the pawn expires. To renew a pawn, the pawner shall settle all the interest for the pawn in the
form term and the premium in the present term.

Article 40

After a pawn term or a renewed term expires, the pawner shall redeem the pawned item or renew the term within 5 days. In case the
pawner fails to redeem the item or renew the term, it shall be deemed as an absolute pawn.

Where a pawner redeems a pawned item during the period between the expiration of the pawn term or the renewed term and the time for
absolute pawn, he shall, apart from repaying the pawn value and the interest thereof as well as the comprehensive premium, make up
the interest for the pawn value and other relevant expenses in light of the penalty level of interest rate of an overdue loan for
banks and other financial institutions as prescribed by the People’s Bank of China, and the premium rates for the pawn and the number
of days overdue as formulated by the pawnshop.

Article 41

The pawnshop shall not lease, pledge, mortgage or use any pawned item within the term of a pawn.

Where a pledged item of a pawn is lost or damaged during the pawn term or the renewed term, the pawnshop shall make compensation pursuant
to the estimated value. Where the pledged item of a pawn is damaged due to force majeure, the pawnshop shall not be responsible for
the compensation.

Article 42

Where a pawnshop undertakes the pawn business of real estate mortgage, it shall handle mortgage registration in advance with the pawner
at the relevant departments according to law, and then go through the formalities for a mortgaged pawn.

When conducting the pawn business of pledge of motor vehicles, the pawnshop shallgo through the formalities for registration of the
pledge at the administrative department of vehicles.

Where any other pawn business managed by the pawnshop is subject to registration according to relevant laws and regulations, the pawnshop
shall go through the registration formalities according to law.

Article 43

The pawnshop shall treat with the absolutely pawned items according to the following provisions:

1.

If the estimated value of a pawned item is more than RMB 30,000 Yuan, it may be treated with according to the Guaranty Law of the
People’s Republic of China or may be publicly auctioned by an entrusted auction house pursuant to the agreement reached upon by both
parties concerning absolute pawns. The proceeds from auction shall be returned to the pawner after deducting the expenses of auction
as well as the pawn value and the interest thereof; in case the proceeds from auction are lower than the estimated value, the pawnshop
may demand the pawner to make up the margin.

2.

If the estimated value of an absolutely pawned item is less than RMB 30,000 Yuan, the pawnshop may sell off it by itself or deal with
it by converting it into money, and shall be responsible for the profit or loss thereof.

3.

The absolutely pawned items, which are restricted by the state from circulating, shall be treated with after being reported to and
approved by the relevant administrative departments or being handed over to the designated entities for disposal.

4.

When setting up spots for the sale of absolutely pawned items outside its business place, the pawnshop shall report to the competent
department of commerce at the provincial level for archival filing, and shall voluntarily accept the supervision and inspection of
the local competent department of commerce. And

5.

When disposing of the shares of any listed company belonging to absolutely pawned items, the pawnshop shall win the consent and cooperation
of the pawner, and shall not sell off the shares or convert them into money by itself, or entrust any auction house to auction them
publicly.

Article 44

The assets of a pawnshop shall be managed pursuant to the proportions below:

1.

Where a pawnshop gets loans from a commercial bank within the time when it starts business operation till it first submits the annual
financial reports to the competent department of commerce at the provincial level and the local competent department of commerce,
the balance of the loan shall not exceed its registered capital. Where a pawnshop gets loans from a commercial bank after submitting
the financial reports for the first time to the competent department of commerce at the provincial level and the local competent
department of commerce, the balance of the loan shall not exceed the rights and interests of the owners as stated in the financial
reports submitted to the competent department in the previous year. The pawnshop shall not get loans from any commercial bank outside
its own city (region, prefecture, or league). No branch of any pawnshop may get loans from any commercial bank.

INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE PROVISIONS OF THE CRIMINAL CULTURE RELICS THAT ARE APPLICABLE TO THE FOSSILS OF PALEOVERTEBRATES AND PALEOANTHROPOIDS OF SCIENTIFIC VALUE LAW

Interpretation by the Standing Committee of the National People’s Congress Regarding the Provisions of the Criminal Law of the People’s
Republic of China on Culture Relics that are Applicable to the Fossils of Paleovertebrates and Paleoanthropoids of Scientific Value

(Adopted at the 19th Meeting of the Standing Committee of the Tenth National People’s Congress on December 29,
2005) 

In light of what is encountered in judicial practice, the Standing Committee of the National People’s Congress has discussed the
question of the applicability of the relevant provisions of the Criminal Law to smuggling, stealing, destroying, selling or illegally
transferring of the fossils of paleovertebrates and paleoanthropoids of scientific value and gives the interpretation as follows: 

The provisions of the Criminal Law on culture relics are applicable to the fossils of paleovertebrates and paleoanthropoids of scientific
value. 

This Interpretation is hereby announced.

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




NATIONAL DEVELOPMENT AND REFORM COMMISSION, MINISTRY OF COMMERCE ANNOUNCEMENT NO. 79, 2005

National Development and Reform Commission, Ministry of Commerce

National Development and Reform Commission, Ministry of Commerce Announcement No. 79, 2005

[2005] No. 79

Since the beginning of 2005/2006 sugar refining period, sugar processing enterprises in the south of China postpone the start of processing,
which result in an increase of sugar price in the domestic and international market.

Increases of sugar price of production areas and sale areas both exceeded 60% compared with the same period last year. This intensifies
the difficulty in management on the sugar cane areas, effects the normal production of sugar refining enterprise and restrains the
consumption on sugar, which finally results in an infection to the healthy development on sugar industry.

In order to maintain the prices of sugar, guarantee the supply in the market, National Development and Reform Commission, Ministry
of Commerce and related departments decided to release some state reserved crude sugar, promptly process to be product sugar and
put them on the market.

The sugar production has reached the peak period at present and the inadequate supply situation shall be temporary. All the related
enterprises and departments shall try to promote a healthy development of sugar production and sugar refining industry.

National Development and Reform Commission

Ministry of Commerce

December 16, 2005



 
National Development and Reform Commission, Ministry of Commerce
2005-12-16

 







TARIFF COMMISSION OF THE STATE COUNCIL CIRCULAR ON PROVISIONAL IMPORT TAX RATE OF STEAM COAL

Tariff Commission of the State Council

Tariff Commission of the State Council Circular on Provisional Import Tax Rate of Steam Coal

No.3 [2005] of the Tariff Commission of the State Council

General Administration of Customs:

For the purpose of relaxing tight supply of domestic coal, with authorization of the State Council, a provisional import tax tariff
of 3% will be imposed on steam coal (with a tariff code of 27011290, other soft coals) during the period of April 1 to December 31,
2005.

Tariff Commission of the State Council

March 31, 2005



 
Tariff Commission of the State Council
2005-03-31

 







DECISION OF THE MINISTRY OF JUSTICE ON AMENDING THE MEASURES FOR THE ADMINISTRATION ON ASSOCIATIONS FORMED BY LAW FIRMS OF HONG KONG SPECIAL ADMINISTRATIVE REGION OR MACAO SPECIAL ADMINISTRATIVE REGION AND MAINLAND LAW FIRMS

Order of the Ministry of Justice of People’s Republic of China

No.100

The Decision of the Ministry of Justice on Amending the Measures for the Administration on Associations Formed by Law Firms of Hong
Kong Special Administrative Region or Macao Special Administrative Region and Mainland Law Firms (hereinafter referred to as the
Decision), which was deliberated and adopted at the executive meeting of the Ministry of Justice on December 23, 2005, is hereby
promulgated and shall come into force as of January 1, 2006. The Measures for the Administration on Associations Formed by Law Firms
of Hong Kong Special Administrative Region or Macao Special Administrative Region and Mainland Law Firms (Order No.83 of the Ministry
of Justice) shall, after being amended according to the Decision, be promulgated once again.
Wu Aiying, the Minister of the Ministry of Justice

December 28, 2005

Decision of the Ministry of Justice on Amending the Measures for the Administration on Associations Formed by Law Firms of Hong Kong
Special Administrative Region or Macao Special Administrative Region and Mainland Law Firms (2005)

For the purpose of promoting the establishment of closer economic partnership between Hong Kong, Macao and the Mainland, we decide
to make the following amendment on the Measures for the Administration on Associations Formed by Law Firms of Hong Kong Special Administrative
Region or Macao Special Administrative Region and Mainland Law Firms (Order No.83 of the Ministry of Justice) in accordance with
the Supplementary Agreement II of the Mainland/Hong Kong Closer Economic Partnership Agreement and the Supplementary Agreement II
of the Mainland/Macao Closer Economic Partnership Agreement:

I.

Article 2 shall be amended as: the term “association” as mentioned in the present Measures means that a law firm of Hong Kong or
Macao that has established a representative office in the Mainland cooperates with a Mainland law firm within the province, autonomous
region or municipality directly under the Central Government where the representative office is located, by means of which both parties
may, in light of the contractual rights and obligations, jointly operate in the Mainland, and provide respectively Hong Kong, Macao,
or Mainland legal services to the clients.

II.

The Decision shall go into effect as of January 1, 2006. The Measures for the Administration on Association Formed by Law Firms of
Hong Kong Special Administrative Region or Macao Special Administrative Region and Mainland Law Firms (Order No.83 of the Ministry
of Justice) shall be amended correspondingly according to the Decision, and promulgated once again.



 
Ministry of Justice
2005-12-28

 







CIRCULAR ON RELEVANT ISSUES CONCERNING THE ADJUSTMENT OF THE COMMODITIES SUBJECT TO IMPORT & EXPORT QUOTA LICENSES ADMINISTRATION FOR FOREIGN-FUNDED ENTERPRISES IN 2005 AND THE APPLICATION QUANTITY OF THAT IN 2006

General Office of Ministry of Commerce

Circular On Relevant Issues Concerning the Adjustment of the Commodities Subject to Import & Export Quota Licenses Administration
for Foreign-Funded Enterprises in 2005 and the Application Quantity of that in 2006

Shang Ban Zi Han [2005] No. 127

Administrative commercial departments in all provinces, autonomous regions, municipalities, separately listed cities and Xinjiang
Production and Construction Corps of CPLA:

In accordance with related regulations of Administration on Import and Export of Foreign Invested Enterprise, please earnestly check
up use status of export quota and import quota of foreign invested enterprises this year in line with documents of Ministry of Commerce
No. 201, 2005, No.202, 2005, No.195, 2005 and No.99, 2004. Those cannot be finished should be returned back before Nov 15, 2005 for
redistribution. In addition, please report export quota and import quota of relevant commodities of foreign invested enterprises
of your province (city) in 2006 to Ministry of Commerce Department of Foreign Investment Administration before Nov 15, 2005.

General Office of Ministry of Commerce

Oct 27, 2005



 
General Office of Ministry of Commerce
2005-10-27

 







METHOD FOR THE SELECTION OF THE CANDIDATE FOR THE FIRST CHIEF EXECUTIVE OF THE MACAO SPECIAL ADMINISTRATION REGION

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The National People’s Congress Status of Effect  In Force
Date of Promulgation  1999-01-16 Effective Date  1999-01-16  


Method for the Selection of the Candidate for the First Chief Executive of the Macao Special Administration Region of the People’s
Republic of China



(Adopted at the Fifth Plenary Meeting of the Preparatory Committee for the

Macao Special Administrative Region of the National People’s Congress on
January 16, 1999)

    Article 1  In accordance with the Basic Law of the Macao Special
Administrative Region ( hereinafter referred to as “the Basic Law”) and the
Decision of the National People’s Congress on the Method for the Formation
of the First Government, the First Legislative Council and the First
Judiciary of the Macao Special Administrative Region, this Method is
formulated in order to select the candidate for the first Chief Executive
of the Macao Special Administrative Region.

    Article 2  The candidate for the first Chief Executive shall be nominated
in accordance with the principle of fairness, impartiality, publicity,
democracy, and probity.

    Article 3  The candidate for the first Chief Executive must have the
following qualifications:

    1. A Chinese citizen who is a permanent resident of Macao with no right of
abode in any foreign  country or consenting to give up the right of abode in
any foreign country;

    2. Not less than 40 years of age;

    3. Have ordinarily resided in Macao for a continuous period of not less
than 20 years;

    4. Support the Basic Law;

    5. Give allegiance to the People’s Republic of China and the Macao Special
Administrative Region.

    Among these qualifications, “not less than 40 years old” means already
being 40 by the cutoff date of the enrollment of the election; “have
ordinarily resided in Macao for a continuous period of not less than 20
years” means having ordinarily resided in Macao for a continuous period of not
less than 20 years by the cutoff date of the enrollment of the election,
calculation of such a period shall include the time of going abroad for
study, business or visiting relatives and friends when residing in Macao.

    Article 4  Current in-service public servants who intend to participate in
the selection of the First Chief Executive must resign their public service
and leave their post while enunciating their intention of participation.

    Article 5  People who intend to participate in the selection of the First
Chief Executive shall attend in their individual capacities. People who are
members of political parties must secede from these political parties while
enunciating their intention of participation.  

    Article 6  The selection of the first Chief Executive shall be taken charge
by the Chair Meeting of the Preparatory Committee for the Macao Special
Administrative Region of the People’s Republic of China (hereinafter referred
to as “the Chair Meeting of the Preparatory Committee”).

    Article 7  The first Chief Executive shall be selected through the method
of nomination by the Selection Committee for the First Government of the Macao
Special Administrative Region (hereinafter referred to as “the Selection
Committee”). The following are the specific procedures:

    A. Enrollment and Qualification Verification

    People who intend to participate in the selection of the first Chief
Executive shall enunciate their intention of participation to the Chair
Meeting of the Preparatory Committee in written form and shall submit a
Resume Form of Participant for the Office of the First Chief Executive of the
Macao Special Administrative Region of the People’s Republic of China while
enrolling for the selection. Participants for the selection of the Chief
Executive shall not be members of the Selection Committee. If a member of
the Selection Committee intends to participate in the selection, he must
simultaneously resigned his post in the Selection Committee while enunciating
his intention to participate in the selection. The vacancy shall be disposed
in accordance with Article 12 of the Method for the Formation of the
Selection Committee for the First Government of the Macao Special
Administrative Region of the People’s Republic of China.

    The Chair Meeting of the Preparatory Committee shall be responsible for
the verification of qualification of people who have submitted Resume Form,
and when necessary may require them to provide certifying papers concerning
matters they wrote in the Form. People who have the qualification become
participants for the selection of the first Chief Executive and the Chair
Meeting of the Preparatory Committee shall publicize the list of the
participants.

    B. Nomination and Determination of Candidates

    The Selection Committee shall, on the basis of the list of participants,
bring forward candidates for the office of the first Chief Executive by secret
ballot after consultation. Each member of the Selection Committee may nominate
one candidate. When counting nomination ballots, the scrutineer elected
by the members of the Selection Committee shall oversee the counting.
Participants who nominated by not less than 20 members of the Selection
Committee become candidates for the office of  the first Chief Executive, who
shall be subsequently affirmed by the Chair Meeting of the Preparatory
Committee.

    The list of candidates and their brief introduction shall be printed and
distributed to all members of the Selection Committee and shall be announced
to the public.

    C. Election

    The Chair Meeting of the Preparatory Committee shall convene plenary
session of the Selection Committee. The candidates for the office of the first
Chief Executive shall report to the plenary session of the Selection Committee
their personal status and their administrative plans, and shall answer
questions from members of the Selection Committee.

    Members of the Selection Committee shall vote by secret ballot. Each
member may  vote for one candidate. Ballots voting for one candidate are
valid, and those voting for more than one candidates are invalid.

    Members of the Selection Committee shall elect mutually a scrutineer to
oversee the balloting. If the number of ballots is equal to or less than the
number of balloters, the vote is valid; if the number of ballots is more than
the number of balloters, the vote is invalid and must be hold again.

    The candidate who receives more than half of the votes of members of the
Selection Committee shall be elected. If no candidate receives more than half
of the votes, then the two leading candidates shall enter into a second round
vote and the one receiving more votes in the second round shall be elected.

    The scrutineer shall report the voting result to the Chair Meeting of the
Preparatory Committee, who shall then announce the voting result to the public.

    Article 8  The procedure selecting the candidate for the first Chief
Executive shall be completed within 45 days after the establishment of the
Selection Committee.

    Article 9  Participants and candidates for the first Chief Executive shall
not carry out personal abuse on each other and shall not bribe members of the
Selection Committee or offer or promise to offer them any benefits.

    The Chair Meeting of the Preparatory Committee shall be responsible for
supervising the vote and handling appeals.

    Article 10  After the recommended candidate for the first Chief Executive
is elected, the Preparatory Committee shall report to the Central Government
for appointment.

    Article 11  Matters not stipulated in this Method may be
supplemented by the Plenary Session of the Preparatory Committee in accordance
with the proposal of the Chair Meeting of the Preparatory Committee.

    Article 12  The Chair Meeting of the Preparatory Committee shall be
responsible for the interpretation of this Method.






PROPOSALS ON STRENGTHENING SAFETY IN PRODUCTION

Category  LABOR Organ of Promulgation  The General Office of the State Council Status of Effect  In Force
Date of Promulgation  1999-03-20 Effective Date  1999-03-20  


Proposals on Strengthening Safety in Production



(Submitted by the State Economic and Trade Commission on March 8, 1999, promulgated by the General Office of the State Council on March 20, 1999)

    Safety in production has an important bearing on the security of the State
and of the people’s lives and property, and is of vital importance to the
stability of the society and the healthy development of economy. In recent
years, the localities and departments have earnestly implemented the policy
“safety and prevention are the top priority”; they have done a lot of work
in constructing the legal system for safety in production, establishing the
mechanism for safety in production, strengthening the control over hidden
peril of accidents and the handling of accidents, establishing the
responsibility system of safety in production, promoting education and
publicity of safety in production, Great achievements have been made
national-widely in the aspect of safety in production. However, in recent
period, in some localities and industries the situation of safe production
has become serious, major casualty accidents occur now and then. In order to
redress the serious situation and better the work of safety in production,
proposals are put forward as follows:

    1.Implementing earnestly important instructions on the work in relation
to safety in production made by leaders of the Central Party, strengthening
guidance on the work of safety in production, and putting into effect the
responsibility system of safety in production.

    (1) Jiang Zemin and other leaders of the Central Party have made series
of significant instructions on safety in production, which have a very import
significance in doing a good job in relation to the safety in production at
present and in the future and should be implemented earnestly by all
localities, departments and enterprises. In year 1999 we will celebrate the
50th anniversary of the People’s Republic of China, welcome the return of
Macao, therefore doing a good job in relation to safety in production has
special significance, leaders at various levels must have a clear perception
into current situations, pay great attention to safety in production, and
comprehend the instructions given by the leaders of the Central Party, they
should, form the aspect of emphasizing politics, maintaining stability,
promoting economical and social development as well as taking responsibility
for people, properly deal with the relation between safety in production and
economic development, between safety in production and economic returns. It
is a must to continue to implement the policy “safety and prevention are the
top priority”, overcome carelessness, get rid of laxation, emphasize the work
of preventing accidents in safety in production, and strive to avoid the
occurrence of injuries and serious accidents.

    (2) All localities and departments should take responsibility of managing safety in production, strengthening
the leadership of safety in production, include the work in relation to safety in production into local and departmental economy
and social developments, solve the problems in the safety in production timely and effectively. In reforming and reshuffling enterprises,
the work in relation to safety in production cannot be weakened, instead should be strengthened. Supervisory and managerial teams,
especially the basic teams should be well organized and stabilized; in the mean time more capital should be invested for safety in
production, technical development should be accelerated.

    (3) Enterprises should strictly implement laws, regulations and  policies on safety in production,
voluntarily accept supervision of the State and industrial management. The responsibility system of safety in production should be
carried out, bylaws on safety in production should be formulated and improved, working conditions of workers and staff should be
bettered, necessary equipment for labor protection should be provided to workers and staff. Legal representatives of enterprises
are the first responsible persons for safety in production, they should take overall responsibility for safety in production.

    2.Strengthening supervisory work of safety in production, enhancing legal construction and systemization of
safety in production, and intensifying the execution of law.

    (1) All localities and departments should strengthen on-the-spot supervision over safety in production, especially
in those dangerous industries, such as transportation, coal-mining, electricity, oil, chemical industry, construction, forestry,
commerce, entertainment; they should reinforce the work of examining project designs, check and acceptance after completion of projects,
including those newly built, rebuilt and enlarged. As to those projects with inadequate matching safety equipment and in substandard
quality, they should not be put into use and production. Boiler and other pressure containers should be under strict quality supervision
and inspection, the substandard products are forbidden to be sold and used. The supervisory work of producing, selling and using
labor protection equipment should be strengthened. The check, evaluation, supervision and control of hidden peril of accidents and
danger sources should be reinforced. The safety authentication of dangerous equipment and facilities should be strengthened; the
management of examining the enterprise leaders and specialists should be enhanced. Effective supervisory work of the common people
should be carried out.

    (2) Considering the economic restructure, all localities and departments should comprehensively administer
the dangerous industries and enterprise, decisively close illegal mines which have unreasonable overall arrangement and bad production
condition in accordance with unified planning of the State, reorganize and close the” five kinds of small factories”( glass factories,
cement factories, oil-refining factories, thermal power plants, and steel plants) which own backward technology, or waste resources,
or make low-grade products, or pollute the environment, or cannot accord with the requirement of safety in production.          

    (3) Reinforcing the legal system establishment of safety in production. On the basis of existing regulation
and bylaws, it is a must to speed up the work of complementing and consummating regulations, standards and bylaws for safety in production.
All localities and departments in charge of supervising safety in production should collaborate closely, execute law strictly, punish
illegal acts according to the law; it is also a must to achieve the aims that the laws must be observed and strictly enforced, and
law-breakers must be prosecuted so as to ensure the effective implementation of laws and regulation on safety in production.

    3.Reinforcing the education and publicity of safety in production and training of personnel, improving the
awareness of safety of the whole society.

    (1) Publicity departments at various levels and enterprises should adopt
manifold forms of education, spread the idea of safety in production widely
and deeply, especially strengthen the publicity of laws and regulations on
safety in production. Media should actively co-operate, portray advanced
elements in safety in production, and vigorously publicize the idea of safety
in production. As to heavy accidents and illegal acts against laws and
regulations on safety in production, it is a must to expose them, employ
typical examples to educate workers and staff, so that they would know law,
stand by law, heighten their consciousness of rule of law, advance the
consciousness of security and self-protection. Schools, universities should
also properly educate students, inform them of the idea of safe production,
persistently launch the activity of “the week of safe production” every year.

    (2) Reinforce the training and examining work of managers and personnel in charge of supervising safe production,
improve their managing ability in the aspect of safe production. The enterprise staff, especially peasants have to take the training
for safe production and obtain qualification, otherwise they cannot be permitted to work. Employees in special industries have to
take special training for safe production and obtain special qualification.

    4.Strengthening the work of reporting and statistics on accidents and dealing with problems arising from accidents.

    After the accidents happened, units concerned should timely report the situations to local government and
supervisory department in charge of safe production. Supervisory departments in charge of safe production at various levels should
reinforce the work of accident counting and reporting, insure that information be timely, correctly, and comprehensively conveyed.
As for the accidents in which three or more persons died, the relevant departments should report it timely to the State  Economics
and Trade Commission the relevant departments of the State Council. Among them, the especially heavy accidents should be immediately
reported to the State Council. Governments and relevant departments at various levels should seriously deal with the especially heavy
accidents in accordance with the relevant provisions. As for the accidents caused by carelessness and peccancy, the relevant leaders
and personnel in charge should be investigated for responsibility and be punished according to the related provisions; if crimes
are constituted, criminal responsibilities should be investigated by judiciary organs. The State Economics and Trade Commission is
in charge of organizing and harmonizing the work in relation to the investigation and handling of especially heavy accidents, and
replying investigation results of especially heavy accidents, major issues should be reported to the State Council for decision.






CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING TAXATION POLICY ON PROMOTION OF APPLICATION OF SCIENTIFIC AND TECHNOLOGICAL ACHIEVEMENTS

The Ministry of Finance, the State Administration of Taxation

Circular of the Ministry of Finance and the State Administration of Taxation Concerning Taxation Policy on Promotion of Application
of Scientific and Technological Achievements

CaiShuiZi [1999] No.45

May 27, 1999

Finance departments (bureaus), state and local taxation bureaus of all provinces, autonomous regions, municipalities directly under
the Central Government and municipalities separately listed on the State plan:

In order to carry out the Law of People’s Republic of China on the Progress of Science and Technology and the Law of People’s Republic
of China on the Promotion of Application of Scientific and Technological Achievements, and to encourage the development of high/new
technology industry, the circular regarding taxation policy of the research and development of high/new technology and the transmission
of scientific achievements of scientific research institutions and colleges and universities, after the approval of State Council,
is notified hereby as follows:

1.

The technology transference income of scientific research institutions continues being exempted from business tax, and the technology
transfer income of colleges and universities is exempted from sales tax since May 1, 1999.

2.

The technological services income gained by scientific research institutions and colleges and universities, in various industries
and from technological achievements transference, technological training, technological consultancy, technological service and technological
contract shall be exempted temporarily from enterprise income tax.

3.

Since July 1, 1999, where scientific research institutions and colleges and universities which transmit the scientific and technological
achievements tied to a position grant personal premium in the form of share rights such as stock or proportion of capital contribution
and so on, the person who has been granted premium temporarily need not pay individual income tax at the time of gaining the stock
or proportion of capital contribution. And income tax shall be paid when profits are gained by shares or proportion of capital contribution
or interests are gained by transference of shares or proportion of capital contribution.

The relevant specific implementing rules are to be promulgated by the State Administration of Taxation.



 
The Ministry of Finance, the State Administration of Taxation
1999-05-27

 







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...