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2005

MEASURES FOR THE INSPECTION ON IMPORTED VEHICLES

The State Administration for Entry and Exit Inspection and Quarantine

Order of the State Administration for Entry and Exit Inspection and Quarantine of the People’s Republic of China

No.1

The Measures for the Inspection on Imported Vehicles are hereby promulgated, and shall come into force as of Jan.1,2000.

Director general of the State Administration for Entry and Exit Inspection and Quarantine Li Changjiang

November 22,1999

Measures for the Inspection on Imported Vehicles

Article 1

These Measures have been formulated in accordance with the Law of the People’s Republic of China on the Inspection of Imported and
Exported Commodities and the corresponding implementing rules for the purpose of enhancing the administration of inspection on imported
vehicles.

Article 2

The State Administration for the Entry and Exit Inspection and Quarantine (hereinafter referred to as State Administration for Inspection
and Quarantine) shall be in charge of the inspection on imported vehicles throughout the country. Entry and exit inspection offices
shall be in charge of the inspection on imported vehicles within the quality guarantee period.

Article 3

When imported vehicles are transferred to the inland, the clearance location shall be regarded as the customs port. Inspection shall
be conducted by inspection offices of the port in accordance with These Measures.

Article 4

After imported vehicles have been transported to the customs port, the consignee or his agents shall make inspection application to
the port inspection offices for inspection, subject to the submission of contracts, invoices, bills of lading, packing lists and
other relevant certificates and technical materials. After checking and approving, the customs inspection offices shall issue “a
clearance note for entry”.

Article 5

Inspections on imported vehicles conducted by the customs port inspection offices shall include the inspection of ordinary items,
safety performance and quality.

Article 6

In the inspection of ordinary items, the safety symbols of imported vehicles shall be checked one by one upon their entry into the
territory. The items for inspection shall include the specifications, models, quality, appearance, utensil attached to the vehicle,
spare parts of technical materials, etc..

Article 7

Safety inspection shall be conducted in accordance with the laws, regulations and mandatory criteria on safety and environment protection,
and the Procedures for Safety Inspection on Imported and Exported Vehicles (SN/T0792-1999).

Article 8

For the quality inspection, the inspection, the criteria and method to be applied shall be stipulated in the contract or its Attachment.
When there is no such stipulation in import contract or the stipulation is not clear, the Procedures for Quality Inspection on Imported
and Exported Vehicles (SN/T0971-1999) shall be applied. When importing for the first time more than 300 new brand vehicles by the
gross (including 300 vehicles, calculated on the basis of the same contract, the same brand and the same producer) or the imported
value is more than US$ 1 million (including US$1 million), quality inspection must be conducted. When importing fewer than 300 new
brand vehicles or the imported value is less than US $1 million, or importing new brand vehicles after the first time, quality inspection
may be conducted on samples by inspection and quarantine offices according to the conditions of quality.

Quality inspection results shall be reported to State administration of Inspection and Quarantine and other competent relevant inspection
and quarantine offices.

Article 9

Inspection on imported vehicles shall be conducted by the inspection and quarantine offices independently or jointly with other agencies
or by the inspection agencies authorized by inspection and quarantine offices. Inspection certificates shall be issued by the inspection
and quarantine offices.

Article 10

In foreign trade contracts, foreign trade units and administrative units of receivers or users of imported vehicles shall stipulate
the pre-inspection, supervision on production or shipping before a large number of imported vehicles are shipped in exporting country.
When necessary, inspection and quarantine offices may send their staff to participate in or organize such inspection in exporting
country.

Article 11

Customs port inspection and quarantine offices shall issue !0certificate of inspection and quarantine on imported goods to inspection
qualified imported vehicles, and each vehicle shall be issued inspection card attached to imported motor vehicle when quality inspection
on imported vehicles is conducted. The quality inspection report shall be annexed to “certificate of inspection and quarantine on
imported goods”.

In the event that the vehicles could not pass the inspection, the inspection and quarantine office shall issue a certificate of inspection
and quarantine so that it may be used for claim from the providers.

Article 12

Sellers of imported vehicles shall go through the formalities of registration with local industrial and commercial administrations
for the sale of imported vehicles within the territory, subject to the submission of “inspection card attached to imported motor
vehicle” issued by inspection and quarantine offices and other relevant certificates.

Article 13

When purchasing imported vehicles within the country, users must obtain “an inspection card attached to imported motor vehicle” issued
by the inspection and quarantine offices and invoices of purchase of vehicles. Before applying for formal vehicle licenses, users
shall be registered for inspection at local inspection and quarantine offices so as to obtain “a certificate of inspection on imported
motor vehicle” which can be used as proof of getting formal licenses from vehicle administrative departments.

Article 14

Within the quality guarantee period, if users find quality problems in registered imported vehicles, they shall ask local inspection
and quarantine offices to inspect these vehicles and issue certificates.

Article 15

All inspection and quarantine bureaus directly under State Administration of Inspection and Quarantine may, when necessary, authorize
or appoint an eligible vehicle testing line to conduct safety inspections on imported vehicles and report to the State Administration
of Inspection and Quarantine for record. The State Administration of Inspection and Quarantine may supervise the tests and management
capacities of these testing lines by random checking.

Article 16

Inspection and quarantine offices shall handle with any imported vehicle without a safe import quality license, or any vehicle having
safe import quality license but without inspection and quarantine safety symbols, or any vehicle having not been inspected nor registered
in accordance with These Measures pursuant to the Law of the People’s Republic of China on the Inspection of Imported and Exported
Commodities and its corresponding Measures for Implementation.

Article 17

Inspection on imported motorcycles and other imported motor vehicles shall be conducted by local inspection and quarantine offices
of the place where the consignee reside with reference to These Measures.

Article 18

All inspection and quarantine offices directly under the State Administration of Inspection and Quarantine shall send quality analyses
on imported vehicles to the State Administration every six months, before July 15th and January 15th of the next year.

Article 19

The right of interpretation of These Measures shall remain with the State administration of Inspection and Quarantine.

Article 20

These Measures shall enter into force as of January 1st, 2000. The Circular of the State Administration of Inspection and Quarantine
Concerning Carrying out the Sprite of the National Conference on the Inspection of Vehicles for Export and Import (GuoJianYan [1990]
No.468) and the Circular Concerning “the Implementation of the New Approach for Inspection of Imported Motor Vehicle” and “the Uniform
Making of the Special Seal for Inspection of Imported Vehicles” (GuoJianYan [1994] No.30) as previously issued by the State Administration
shall be repealed simultaneously.



 
The State Administration for Entry and Exit Inspection and Quarantine
1999-11-22

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE CONCERNING PRINTING AND DISTRIBUTING THE OPERATIONAL PROCEDURES FOR THE SALES OF AND PAYMENTS IN FOREIGN EXCHANGE AND VERIFICATION OF EXPORT RECEIPTS AND IMPORT PAYMENTS UNDER THE ITEM OF TRANSFER-BETWEEN-FACTORIES DURING FURTHER PROCESSING

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange Concerning Printing and Distributing the Operational Procedures for the Sales
of and Payments in Foreign Exchange and Verification of Export Receipts and Import Payments under the Item of Transfer-between-factories
during Further Processing

Huifa [1999] No.78

March 5,1999

(The circular is omitted here) Attachment:Operational Procedures for the Sales of and Payments in Foreign Exchange and Verification of Export Receipts and Import Payments under
the Item of Transfer-between-factories during Further Processing

In order to standardize the administration of the sales of and payments in foreign exchange under the item of transfer between factories
during further processing, relevant specific operational procedures are hereby stipulated as follows:

1.

In the case of supplied materials approved by Customs to be replaced by imported materials, the transferring-in enterprises are supposed
to conduct the sales of and payments in foreign exchange through DFEBs. DFEBs are supposed to make the sales of and payments in foreign
exchange for transferring-in enterprises against the following documents and to keep properly the documents evidencing the sales
of and payments in foreign exchange for five years for future examination:

(1)

Original declaration form of import goods attached with anti- falsification tag and affixed with Customs’ “proof seal” with the country
(region) of dispatch marked as “People’s Republic of China(142)” and the mode of trade marked as “further processing with imported
materials (0654)”, which is verified as authentic;

(2)

Copy of the transferring-out enterprise’s original declaration form of export goods attached with anti-falsification tag and affixed
with Customs’ “proof seal” with the country (region) of destination marked as “People’s Republic of China (142)” and the mode of
trade marked as “transfer of supplied materials (0255)”;

(3)

Transfer-between-factories contract;

(4)

Verification form of import payments of exchange.

The transferring-in enterprises and transferring-out enterprises are supposed to carry out their procedures of verification of import
payment and export receipts of exchange respectively.

2.

In the case of the imported materials approved by Customs to be replaced by imported materials, DFEBs are supposed to process relevant
procedures of the sales of and payments in foreign exchange or of domestic remittance of exchange for transferring-in enterprises
against the following documents and to keep properly the documents evidencing the sales of and payments in foreign exchange and the
remittance for five years for future examination:

(1)

Original declaration form of import goods attached with anti- falsification tag and affixed with Customs’ “proof seal” with the country
(region) of dispatch marked as “People’s Republic of China(142)” and the mode of trade marked as “further processing with imported
materials (0654)”, which is verified as authentic;

(2)

Copy of the transferring-out enterprise’s original declaration form of export goods attached with anti-falsification tag and affixed
with Customs’ “proof seal” with the country (region) of destination marked as “People’s Republic of China (142)” and the mode of
trade marked as “further processing with imported materials (0654)”;

(3)

Copy of the transferring-out enterprise’s original verification form of export receipts of exchange affixed with Customs, “proof seal”;

(4)

Transfer-between-factories contract;

(5)

Verification form of import payment of exchange.

The transferring-in enterprises and transferring-out enterprises are supposed to carry out their procedures of verification of import
payment and receipts of exchange respectively.

3.

In the case of the processing with supplied materials being changed as goods for domestic sale, DFEBs are supposed to carry out relevant
procedures of sales of and payments in foreign exchange for enterprises withdrawing export goods for domestic sale against following
documents and to keep properly the documents evidencing the sales of and payments in foreign exchange for five years for future examination:

(1)

Original declaration form of import goods attached with anti- falsification tag and affixed with Customs’ “proof seal” with the country
(region) of dispatch marked as “People’s Republic of China(142)” and the mode of trade marked as “supplied materials and components
for domestic sale (0425)” or “finished products made of supplied materials withdrawn for domestic sale (0345)”, which is verified
as authentic;

(2)

Approval documents for domestic sale issued by the competent authority of foreign economic and trade;

(3)

Relevant contract(s);

(4)

Verification form of import payments of exchange.

4.

DFEBs are supposed not to conduct out sales of and payments in foreign exchange and domestic remittance of exchange under the further
processing transfer-between-factories for their customers in other means.

5.

When DFEBs carry out settlement in respect of transfer-between- factories for enterprises with foreign investment, they are supposed
to make the external payments or the domestic remittance of exchange first with the exchange in own foreign exchange accounts of
enterprises with foreign investment and to sell exchange to FEES for the deficiency only if the payments exceed the balance of accounts
of enterprises with foreign investment.

6.

With respect to the exchange remitted domestically, the deposit bank of the transferring-in enterprise is supposed to mark the expression
of “domestic remittance in transfer-between-factories” when remitting out exchange, the deposit bank of transferring-out enterprises
of materials and components, upon receipt of exchange remitted domestically into its account, is supposed to carry out purchase of
exchange or to keep it in the customer’s accounts in accordance with “Rules for the Implementation of Regulations on Verification
and Cancellation of Foreign Exchange Export Proceeds Collection” and other relevant regulations against the enterprise’s original
verification form of foreign export proceeds collection affixed with Customs’ “proof seal”, and to issue “special copy for verification
of foreign exchange export proceeds collection” as well as to mark the expression of “domestic remittance for transfer between factories”
and the name of the transferring-in enterprise in the “Memorandum” column.

Transferring-out enterprise is supposed to carry out the procedures of verification in SAFE and its branches with the above “special
copy for verification of foreign exchange export proceeds collection”. SAFE, upon verifying, is suppose to check carefully the name
of the transferring-in enterprise in the “special copy for verification of foreign exchange export proceeds collection” against the
name of the transferring-in enterprise in the declaration form and to make clear whether they are consistent with each other.

In the event enterprises make verification by the way of offsetting, SAFE is supposed to check the declaration forms of import or
export goods against Customs’ electronic data and, if there is no discrepancies, to affix the seal of “verified” into the declaration
form of import goods, and carry out the verification of foreign exchange export proceeds collection and to keep the declaration forms
along with the documents for the verification of foreign exchange export proceeds collection for five years for future examination.

7.

SAFE is supposed to inspect the enterprises engaged in the trade under the item of transfer-between-factories during further processing
on an irregular basis and to give penalties in accordance with relevant provisions to those enterprises violating this Operational
Procedures and other regulations of foreign exchange administration.

8.

These Operational Procedures shall enter into force as of March 15, 1999, and the interpretation hereof is supposed to be rested with
SAFE.



 
The State Administration of Foreign Exchange
1999-03-05

 






CIRCULAR OF THE STATE DEVELOPMENT PLANNING COMMISSION, THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION FOR ENTRY-EXIT INSPECTION AND QUARANTINE ON LOWERING THE CHARGING STANDARD OF THE QUALITY INSPECTION OF PROCESSING TRADE AND FOREIGN INVESTMENT PROPERTY APPRAISAL

Circular of the State Development Planning Commission, the Ministry of Finance and the State Administration for Entry-exit Inspection
and Quarantine on Lowering the Charging Standard of the Quality Inspection of Processing Trade and Foreign Investment Property Appraisal

JiJiaGe [1999] No.472
April 23, 1999

The price bureaus (commissions) and finance departments (bureaus) of various provinces, autonomous regions and municipalities directly
under the Central Government, the directly subordinate bureaus for import and export commodity inspection :

For the purpose of easing the burden of enterprises and supporting the expansion of exports of foreign trade, it is decided that the
charging standard of the quality inspection of processing trade and foreign investment property appraisal should be lowered temporarily,
the matter concerned is notified as follows:

I.

The quality inspection of processing trade

(I)

The charge for the quality inspection of the incoming materials processing goods is levied at 70% rate of the standard at present
prescribed by the state, the charge of co-test is levied at 35% rate of the standard at present prescribed by the state, the charge
of verification test is levied at 17.5% rate of the standard at present prescribed by the state .

The importing material of incoming material of processing trade is not imposed quality test at all.

(II)

The charge for the quality inspection of the exported goods of processing trade of incoming materials is levied at 70% rate of the
standard at present prescribed by the state, the charge of co-test is levied at 35% rate of the standard at present prescribed by
the state, verification inspection is levied at 17.5% rate of the standard at present prescribed by the state

II.

The appraisal of foreign investment property

(I)

the range of appraisal

The range of appraisal of foreign investment property is confined to the foreign-funded enterprises and various foreign compensation
trades. The overseas investors (Hong Kong, Macao and Taiwan included) invest by entity or the foreign-funded enterprises entrust
the investors abroad to purchase the property from abroad by the investment fund.

(II)

the charging standard

1.

charging 2.5￿￿f property value which is under 5 million dollars, changing from the original charge of 4￿￿3￿￿nd other various
rate of property value

2.

charging 2￿￿f property value which is between 5 million dollars and 10million dollars

3.

charging 1￿￿f property value which is between 10 million dollars and 0.1 billion dollars

4.

charging 0.5￿￿f property value which is between 0.1billion dollars and 0.15 billion dollars

5.

free of charge for the parts of the property value of over 0.15 billion dollars

(III)

There is no charge for quality inspection if the appraisal of foreign investment property and quality inspection are handled together.

III.

The hereinabove charging standard enter into force as of May 1, 1999.The hereinabove regulations cease execution until the new charging
standard of inspection and quarantine of the imports and exports of come out.



 
The State Development Planning Commission, the Ministry of Finance, the State Administration for Entry-exit Inspection
and Quarantine
1999-04-23

 






INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING PARAGRAPH 4 IN ARTICLE 22 AND CATEGORY (3) OF PARAGRAPH 2 IN ARTICLE 24 OF THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA

Interpretation by the Standing Committee of the National People’s Congress Regarding Paragraph 4 in Article 22 and Category (3) of
Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China

(Adopted at the 10th Meeting of the Standing Committee of the Ninth National People’s Congress on June 26, 1999) 

At its 10th Meeting, the Standing Committee of the Ninth National People’s Congress discussed the State Council’s Proposal for Giving
an Interpretation to Paragraph 4 in Article 22 and Category (3) of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special
Administrative Region of the People’s Republic of China.  It is in order to respond to the report submitted by the Chief Executive
of the Hong Kong Special Administrative Region in accordance with the relevant provisions of Article 43 and those of Category (2)
of Article 48 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China that the State Council
has put forward the proposal. In view of the fact that the issue raised in the proposal concerns the interpretation of the relevant
articles of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China by the Court of Final
Appeal of the Hong Kong Special Administrative Region in its judgment made on January 29, 1999, that these provisions concern affairs
which are the responsibility of the Central Authorities and the relationship between the Central Authorities and the Hong Kong Special
Administrative Region, that the Court of Final Appeal, before making its judgment, failed to seek an interpretation of the provisions
from the Standing Committee of the National People’s Congress in accordance with the provisions of Paragraph 3 in Article 158 of
the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and that the interpretation of the
Court of Final Appeal is not in conformity with the original legislative intent, the Standing Committee of the National People’s
Congress, after consulting its Committee for the Basic Law of the Hong Kong Special Administrative Region, decides to give the following
interpretations to the relevant provisions in the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China in accordance with the provisions of Category (4) of Article 67 of the Constitution of the People’s Republic of China and
Paragraph 1 in Article 158 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China: 

1.The provisions of Paragraph 4 in Article 22 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China ” for entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval”,
mean that persons from provinces, autonomous regions and municipalities directly under the Central Government, including the children
of permanent residents of the Hong Kong Special Administrative Region born in the mainland with Chinese nationality, who request
to enter the Hong Kong Special Administrative Region with whatever reason shall, in accordance with the provisions of relevant laws
and administrative regulations of the State, apply for approval from the relevant government department in the place of their residence
and may only enter the Hong Kong Special Administrative Region with valid certificates issued by relevant authorities. It’s illegal
for any persons or children mentioned above to enter the Hong Kong Special Administrative Region without going through due approval
procedures in accordance with the provisions of relevant laws and administrative regulations of the State. 

2.The first three categories of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the
People’s Republic of China provide:  ” The permanent residents of the Hong Kong Special Administrative Region shall be: 
(1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region; (2) Chinese
citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment
of the Hong Kong Special Administrative Region; (3) Persons of Chinese nationality born outside Hong Kong of those residents listed
in categories (1) and (2)”.” Among these people, the persons provided for in Category (3) ” Persons of Chinese nationality born outside
Hong Kong of those residents listed in categories (1) and (2)” mean that those persons, at the time of their birth, no matter whether
they were born before or after the establishment of the Hong Kong Special Administrative Region, whose parents or whose fathers or
mothers are Chinese citizens as provided for in Category (1) or Category (2) of Paragraph 2 in Article 24 of the Basic Law of the
Hong Kong Special Administrative Region. The original legislative intent elucidated by this Interpretation and the original legislative
intent of the other categories of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region have
been embodied in the Opinions on the Implementation of the Second Paragraph of Article 24 of the Basic Law of the Hong Kong Special
Administrative Region of the People’s Republic of China, which were adopted at the Fourth Plenary Meeting of the Preparatory Committee
for the Hong Kong Special Administrative Region of the National People’s Congress on August 10, 1996. 

After promulgation of this Interpretation, the courts of the Hong Kong Special Administrative Region shall, in applying the relevant
articles of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, follow this Interpretation.
This Interpretation does not affect the right of abode in the Hong Kong Special Administrative Region granted to the litigating party
in the case through the judgment made by the Court of Final Appeal of the Hong Kong Special Administrative Region on January 29,
1999. As to whether any other person conforms to the provisions of Category (3) of Paragraph 2 in Article 24 of the Basic Law of
the Hong Kong Special Administrative Region, the matter shall be decided according to this Interpretation.

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






REGULATIONS ON ADMINISTRATION OF TOUR GUIDES

Category  TOURISM Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1999-05-14 Effective Date  1999-10-01  


Regulations on Administration of Tour Guides



(Promulgated by Decree No. 263 of the State Council of the People’s Republic of China on May 14, 1999, and effective as of October 1,1999)

    Article 1  These Regulations are formulated in order to standardize tour-guiding activities, to protect the lawful rights and interests
of tourists and tour guides, and to promote the healthy development of tourism.

    Article 2  Tour guides mentioned in these Regulations refer to those who have obtained a Tour Guide Certificate according to these
Regulations, and accept appointment of a travel agency to provide tourists with guiding, introducing and other related tourism services.

    Article 3  The State exercises a system of nationwide uniform examination of qualification for tour guides.

    Any citizen of the People’s Republic of China, who has an academic degree conferred by a high school, a secondary
specialized school or higher, is in good health, and possesses basic knowledge and language skills catering to the needs of tour-guiding,
may take part in the examination for tour guide qualification; those who have passed the examination shall be issued a Tour Guide
Qualification Certificate by the tourism administration department of the State Council or the tourism administration departments
of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government delegated by
the tourism administration department of the State Council.

    Article 4  A Tour Guide Certificate shall be obtained in order to conduct tour-guiding activities within the territory of the People’s
Republic of China.

    Only after concluding a labor contract with a travel agency or registering with a tour guide service company,
may those with a Tour Guide Qualification Certificate apply to the tourism administration departments of the people’s governments
of provinces, autonomous regions or municipalities directly under the Central Government for obtaining a Tour Guide Certificate on
the strength of the labor contract and documents certifying the registration.

    For anyone who possesses the language skills of a special language but has not obtained a Tour Guide Certification
Certificate, if a travel agency needs to employ him to temporarily conduct tour-guiding activities, the travel agency shall apply
to the tourism administration departments of the people’s governments of provinces, autonomous regions or municipalities directly
under the Central Government for obtaining a Temporary Tour Guide Certificate for him.

    The design and format of Tour Guide Certificate and Temporary Tour Guide Certificate are laid down by the
tourism administrative departments of the State Council.

    Article 5  Anyone falling under any of the following circumstances shall not be issued with a Tour Guide Certificate:

    (1) having no capacity for civil conduct or having a limited capacity for civil conduct;

    (2) suffering from contagious diseases;

    (3) having received criminal punishment, except for involuntary crimes;

    (4) having ever been has Tour Guide Certificate revoked.

    Article 6  The tourism administration department of the people’s government of a province, autonomous region or municipality directly
under the Central Government shall issue Tour Guide Certificate within 15 days from the date of receiving application for obtaining
a Tour Guide Certificate; if it is found that any circumstance stipulated in Article 5 of these Regulations exists, therefore no
Tour Guide Certificate shall be issued, a written notice shall be send to the applicant.

    Article 7  Tour guides shall continuously improve their professional skills and ethics.

    The State exercises a system of grade testing system for tour guides. The standards and measures for grade
testing for tour guides are to be worked out by the tourism administration department of the State Council.

    Article 8  When conducting tour-guiding activities, tour guides shall bear their Tour Guide Certificate.

    The Tour Guide Certificate has a term of validity of 3 years. If the holder of a Tour Guide Certificate intends
to continue to conduct tour-guiding activities after the expiration of the term of validity, he shall, before 3 months of the expiration
of the term of validity, apply to the tourism administration department of a province, autonomous region or municipality directly
under the Central Government to undergo the procedures for reissue of a Tour Guide Certificate.

    The term of validity of a Temporary Tour Guide Certificate shall not be more than 3 months, and shall not
be renewed.

    Article 9  A tour guide must be appointed by a travel agency in order to conduct tour-guiding activities.

    A tour guide shall not privately contract to, or directly contract to in any other form, engage in tour business
and conduct tour-guiding activities.

    Article 10  When conducting tour-guiding activities, tour guides’ personal dignity shall be respected, and their personal safety shall
not be endangered.

    Tour guides are enpost_titled to refuse any unreasonable request that affronts their dignity or infringes their
professional ethics.

    Article 11  When conducting tour-guiding activities, tour guides shall conscientiously protect the interests of the State and national
dignity; any words and behaviors impairing the interests of the State or national dignity shall be avoided.

    Article 12  When conducting tour-guiding activities, tour guides shall obey professional ethics, dress decently, behave politely,
respect tourists’ religious belief, ethical customs and living habits.

    When conducting tour-guiding activities, tour guides shall give explanation to human and natural conditions
of the touring place, and make introduction into social customs and habits; however, they shall not mix any vulgar and indecent elements
into their explanation and introduction for catering to vulgar interests of some tourists.

    Article 13  Tour guides shall strictly follow the travel agency’s hosting plan to arrange tourists’ travel and sightseeing activities,
shall not arbitrarily add or reduce any tour items or cease his tour-guiding activities.

    In the cause of leading tourists to travel and sightsee, if encountering any emergent situations that possibly
endanger the tourists’ personal safety, the tour guide may, upon consent of the majority of tourists, adjust or modify the hosting
plan, but a prompt report shall be made to the travel agency.    

    Article 14  In the cause of leading tourists to travel and sightsee, the tour guide shall truthfully state the situations that possibly
endanger the tourists’ personal or property safety and give clear warnings to the tourists, and shall adopt measures to prevent the
occurrence of the danger according to the travel agency’s instructions.

    Article 15  When conducting tour-guiding activities, tour guides shall not sell any goods to or buy any goods from tourists, nor seek
tips for tourists in explicit or implied ways.

    Article 16  When conducting tour-guiding activities, tour guides shall not deceive or force tourists to consume or collude with proprietors
to deceive or force tourists to consume.

    Article 17  For an act of a tour guide violating the provisions of these Regulations, tourists are enpost_titled to file a complaint towards
the tourism administration departments.

    Article 18  For anyone who conducts tour-guiding activities without a Tour Guide Certificate, the tourism administration department
shall order him to make corrections and make the matter public, and impose a fine of not less than 1,000 yuan nor more than 30,000
yuan; if there are illegal earnings, such illegal earnings shall be confiscated.

    Article 19  If, without appointment of the travel agency, a tour guide conduct tour-guiding activities by privately contracting to,
or directly contracting to in any other form, engage in tour business, the tourism administration department shall order him to make
corrections, and impose a fine of not less than 1,000 yuan nor more than 30,000 yuan; if there are illegal earnings, such illegal
earnings shall be confiscated; if the circumstances are serious, the Tourism administration department of the people’s government
of a province, autonomous region or municipality directly under the Central Government shall revoke his Tour Guide Certificate and
make the matter public.

    Article 20  If, when conducting tour-guiding activities, a tour guide has any words and behaviors impairing the interests of the State
or national dignity, the tourism administration department shall order him to make corrections; if the circumstances are serious,
the Tourism administration department of the people’s government of a province, autonomous region or municipality directly under
the Central Government shall revoke his Tour Guide Certificate and make the matter public; the travel agency to which the tour guide
in question belongs to shall be given a warning, and even have its business suspended for rectification.

    Article 21  If, when conducting tour-guiding activities, a tour guide does not carry out his Tour Guide Certificate, the tourism administration
department shall order him to make corrections; if the making of correction is refused, a fine of not more than 500 yuan shall be
imposed.

    Article 22  If a tour guide falls under any of the following circumstances, the tourism administration department shall order him
to make corrections and temporarily revoke his Tour Guide Certificate for from 3 to 6 months; if the circumstances are serious, the
Tourism administration department of the people’s government of a province, autonomous region or municipality directly under the
Central Government shall revoke his Tour Guide Certificate and make the matter public:

    (1) arbitrarily adding or reducing any tour items;

    (2) arbitrarily changing the hosting program;

    (3) arbitrarily ceasing his tour-guiding activities.

    Article 23  If, when conducting tour-guiding activities, a tour guides sells any goods to or buys any goods from tourists, or seek
tips for tourists in explicit or implied ways, the tourism administration department shall order him to make corrections and impose
a fine of not less than 1000 yuan nor more than 30,000 yuan; if there are illegal earnings, such illegal earnings shall be confiscated;
if the circumstances are serious, the Tourism administration department of the people’s government of a province, autonomous region
or municipality directly under the Central Government shall revoke his Tour Guide Certificate and make the matter public; the travel
agency appointing the tour guide in question shall be given a warning, and even have its business suspended for rectification.

    Article 24  If, when conducting tour-guiding activities, a tour guide deceives or forces tourists to consume or colludes with proprietors
to deceive or force tourists to consume, the tourism administration department shall order him to make corrections and impose a fine
of not less than 1000 yuan nor more than 30,000 yuan; if there are illegal earnings, such illegal earnings shall be confiscated;
if the circumstances are serious, the Tourism administration department of the people’s government of a province, autonomous region
or municipality directly under the Central Government shall revoke his Tour Guide Certificate and make the matter public; the travel
agency appointing the tour guide in question shall be given a warning, and even have its business suspended for rectification; if
a crime is constituted, criminal liability shall be investigated according to Law.

    Article 25  Any staff members of tourism administration departments who neglect their duties, abuse their powers, practise favoritism
for personal interests shall be investigated for criminal liabilities if crimes are constituted, or given administrative sanctions
if no crimes are constituted.

    Article 26  Measures for administration of tour guides in scenery sites or scenery zones are to be formulated by the people’s governments
of provinces, autonomous regions and municipalities directly under the Central Government by reference to these Regulations.

    Article 27  These Regulations take effect as of October 1, 1999. The Interim Measures for Administration of Tour Guides approved by
the State Council on November 14, 1987 and promulgated by the State Tourism Bureau on December 1, 1987 shall be repealed simultaneously.





CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON ISSUING THE INTERIM MEASURES GOVERNING THE EXPORT OF SILVER






The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation on Issuing the Interim Measures Governing the Export of Silver

WaiJingMaoGuanFa [1999] No.702

November 26, 1999

Foreign trade and economic cooperation commissions (departments, bureaus) of the various provinces, autonomous regions, municipalitie
directly under the Central Government and municipality separately listed on the State plan, and foreign Trade and economic cooperation
Enterprises Concerned:

The Interim Measures Governing the Export of Silver approved by the State Council are printed and distributed to you, please abide
by.

This is hereby notified.

Attachment

I:Interim Measures of Governing the Export of Silver

II:List of the enterprises for the Export of Silver in 2000

Note: The foregone document WaiJingMaoGuanFa [1999] No.702 is cancelled and this one shall be taken as the standard. Attachment 1:Interim Measures on Governing the Export of Silver

In accordance with the relevant provisions stipulated in the Foreign Trade Law of the PRC, these Measures have been worked out for
the purpose of carrying out the instruction on reforming the management of silver given by the State Council and exercising control
over export of silver.

Article 1

Silver mentioned in these Measures refers to silver powder, Un-Calcined silver and semi-product of silver (see attachment for specific
items under control).

Article 2

Export of silver reserved in the People’s Bank shall still be handled in accordance with the prevailing provisions.

Article 3

The state exercises control over the export of silver with quota license system, and it shall be implemented in accordance with the
Enforcement By-laws of Interim Measures on Report, Transmission and Implementation of Export Quota issued by MOFTEC (WaiJingMaoGuanFa
[1998] No. 980).

Article 4

Enterprises which have been checked and ratified to have qualifications for dealing in export of silver by the MOFTEC shall be allowed
to deal in the general trade for export of silver. And in the light of the principle of survival of the fittest, every year the MOFTEC
shall check and ratify the enterprises engaged in the general trade for the export of silver once and announce the relevant enterprises.

Article 5

The MOFTEC has authorized the Administration of Quota and License Affairs to check and issue the export licences for silver. The Customs
shall examine and release the silver by the export licenses.

Article 6

The organs issuing certificates authorized by the MOFTEC shall strictly examine and verify the qualifications of enterprises for dealing
in the export of silver, the quota quantity and export contracts, and then check and issue export licenses.

Article 7

When a processing trade enterprise has imported the goods containing silver not included in the list of silver products in Article
1 of these measures for processing and re-exporting silver, it shall submit an application, and its processing trade shall be examined
and approved by the competent department of foreign economic relations and trade at provincial level in the place where the enterprise
concerned has registered. And the Customs shall, by the Approval Certificate for Processing Trade, handle the registration and filing
procedures for the export contract. And in the light of the specific characteristics of the silver production, the competent department
of foreign economic relations and trade shall state in the remark column of the approval certificate that “the amount of the imported
materials approved by the Commodity Inspection shall be taken as the standard amount of the silver for re-export”.

Within 180 days after the import of the materials for processing trade, the competent department of foreign economic relations and
trade at provincial level shall report the amount of the silver to be exported by the relevant enterprise, the commodity inspection
certificate for imported materials, the processing technology of the relevant enterprise, the consumption per unit, etc. to the MOFTEC,
and at the same time make a copy of the above mentioned information to be submitted to the State Bureau of Non-Ferrous Metal Industry.
And after soliciting the opinions of the State Bureau of Non-Ferrous Metal Industry, the MOFTEC shall handle formalities for approval
and reply. In the case where the approved content of the silver for import, consumption per unit. amount of exports to be processed,
etc. are inconsistent with what was previously stated in the documents for examination, approval and filing, the MOFTEC shall send
a duplicate of the approved documents to the competent Customs for file, and the enterprise concerned shall go through the formalities
for alternation of the relevant contract, and the Customs shall supervise and cancel the amount after verification according to the
consumption per unit amended. The enterprise concerned shall apply for an export license from the Quota License Bureau with the documents
approved by the MOFTEC. The Customs shall examine and release the relevant products by the export license.

Article 8

In the case an export enterprise violates these Measures and other relevant provisions governing the export, and once the case has
been proved to be true, a punishment of reduction of the export quota, until cancellation of its right to deal in export of silver
shall be imposed upon the enterprise concerned.

Article 9

In the case the relevant previous provisions were inconsistent with theses Measures, these Measures shall be taken as the standard.

Article 10

These Measures shall be put into force as of the date of January 1, 2000. The previous provisions shall still be effective for the
case where an enterprise has gone through the formalities for putting the silver processing trade contract on file after the above
mentioned date.

htm/e01987.htmAttached

￿￿

Attachment 1:

List of Silver Export under Control Attached

￿￿

LIST OF SILVER

EXPORT UNDER CONTROL

Specifications Code of Coordination System Silver Powder

71061000

Un-Calcined Silver (including lumps, ingots, grains and casting strips, etc.)

71069100

Semi Silver Products (including calcined bars, sticks, threads, boards, slices, bands, pipes,foils and shape materials,
etc.)

71069200

    The above mentioned "silver" refers to pure silver, excluding the silver plated with gold or
platinum, silver alloy and the products with other metals or materials as bottoms and covered with silver or plated with
silver.

￿￿

Attachment 2:

List of the Enterprise for the Export of Silver in 2000

￿￿

    Paper Money Printing and Minting Head Office of China
    Copper Lead Zinc Group Company of China



MEASURES ON THE ADMINISTRATION OF INTERNATIONAL BIDDING FOR MECHANICAL AND ELECTRICAL PRODUCTS

The Ministry of Foreign Trade and Economic Cooperation

Decree of the Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China

No.1

Measures on the Administration of International Bidding for Mechanical and Electrical Products are hereby promulgated and shall come
into force as of the day of May 11,1999.

Minister of the Ministry of Foreign Trade and Economic Cooperation, Shi Guangsheng

March 14,1999

Measures on the Administration of International Bidding for Mechanical and Electrical Products

Chapter I General Provisions

Article 1

With a view to standardizing the behavior of international bidding of mechanical and electrical products and establishing an open
and fair competition mechanism for international bidding and equitable tender evaluation criteria, these Measures are hereby formulated
pursuant to the Provisional Measures on Managing the Import of Mechanical and Electrical Products, the Circular of the State Council
on Strengthening the Management of Importing Mechanical and Electrical Equipment by Utilizing International Lending Projects (GuoFa
[1990] No.64) and the Circular of the General Office of the State Council on Printing and Distributing the Provisions of the Ministry
of Foreign Trade and Economic Cooperation Concerning the Institution Setting up Under the Function and Staffing (GuoBanFa [1998]
No.122).

Article 2

“International Bidding” specified in these Measures means international open competitive bidding.

Article 3

The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as MOFTEC) shall be responsible for coordinating,
managing and supervising international bidding for national mechanical and electrical products, formulating the rules and the management
methods for the international bidding and organizing to conduct the international bidding thereupon, examining and approving the
qualification for international bidding agencies of mechanical and electrical products, and undertaking the routine work of the National
Tender Evaluation Committee.

Article 4

Administrative apparatuses of import and export of mechanical and electrical products of various localities and departments (hereinafter
referred to as import and export apparatuses) shall take the responsibilities for supervising, coordinating and managing the process
of international bidding of their mechanical and electrical products respectively and undertaking the routine work of their own tender
evaluation committee.

Article 5

Agencies of international bidding for mechanical and electrical products (hereinafter referred to as “bidding agencies”) shall undertake
the business of international bidding for mechanical and electrical products.

Article 6

“The purchaser” specified in these Measures means state organs, enterprises, public institutions and other social organizations, which
purchase mechanical and electrical products through international bidding.

“Bidding agencies” specified in these Measures mean legal persons or social intermediaries, which obtain the qualification for bidding
and carry out the international bidding business of mechanical and electrical products in compliance with the Methods on Examining
and Approving the Qualification for International Bidding of Mechanical and Electrical Products (promulgated in another decree).

“The tender” specified in these Measures means legal persons, who participate in tendering competition in accordance with bid documents.

Chapter II Scope of Bidding

Article 7

The following mechanical and electrical products shall be subject to international bidding:

(1)

The mechanical and electrical products specified by the Government to be purchased through international bidding. The concrete catalogue
shall be formulated, adjusted and promulgated by MOFTEC;

(2)

The mechanical and electrical products purchased by utilizing the loans of the World Bank, Japan Overseas Economic Cooperation Fund
(OECF) and Japan Import and Export Bank (hereinafter referred to as “overseas loans”);

(3)

The mechanical and electrical products that shall be purchased through international bidding under the item of government procurement;

(4)

The mechanical and electrical products required by other lending institutions to be purchased through international bidding.

Article 8

The following mechanical and electrical products may be submitted to bidding agencies for bidding by the purchaser:

(1)

The imported mechanical and electrical products controlled by the Government (such as quotas, specified products, etc.). After requesting
the relevant import and export agency to apply to MOFTEC and obtaining the approval of MOFTEC (the application letter is set out
in Attachment 1), the purchaser may authorize bidding agencies to organize international bidding.

(2)

The mechanical and electrical products subject to automatic import registration; and

(3)

The mechanical and electrical products imported by enterprises with foreign investment for self-use.

Article 9

Except in overseas loan projects, international bidding is not necessary to be conducted in the event that one of the following conditions
occurs:

(1)

Utilizing foreign government loan or export credit;

(2)

Not necessary to hand over foreign exchange to foreign parties;

(3)

Purchasing parts and auxiliary equipment needed for manufacturing;

(4)

Purchasing used mechanical and electrical products;

(5)

One-shot import volume less than US $ 10,000; or

(6)

Other mechanical and electrical products to which international bidding is not applicable.

Chapter III Bid Documents

Article 10

Bid documents shall be compiled in accordance with purchasing needs by the purchaser and bidding agencies, or consulting service agencies
entrusted by the purchaser. Bid documents mainly include as follows:

(1)

Invitation for bidding;

(2)

General instructions to tenders;

(3)

Names, quantities and technical specifications of bidding products;

(4)

Contract clauses;

(5)

Contract form; and

(6)

Attachments:

(i)

Tender document;

(ii)

Tender opening table;

(iii)

Tender quotation;

(iv)

Product description table;

(v)

Specification deviation chart;

(vi)

Tender bond format;

(vii)

Format of letter of guarantee of advance payment;

(viii)

Format of power of attorney of legal persons; and

(ix)

Format of letter of authority of manufacturers.

Chapter IV Bidding Procedures

Article 11

The purchaser shall enter authorization agreement for bidding with bidding agencies, which have the qualification for bidding of mechanical
and electrical products, and provide bidding bond (except purchasing mechanical and electrical products by utilizing overseas loan
projects). If the amount of the authorized bidding is up to or below US $ 2 million, the bidding bond shall not exceed 20 percent
of the amount. If the amount of the authorized bidding is above US $ 2 million, the bidding bond of the overage above US $ 2 million
shall not exceed 1 percent of the amount.

Article 12

Compiling bid documents. Bid documents shall include two parts of technique and commerce (including the requirements for the manufacture’s
performance and the evidences for tender evaluation), and the material clauses shall be marked with “*”. If one of the above requirements
does not be satisfied, the case shall result in the rescission of the tender.

Article 13

In addition to clauses of constituting the rescission of commercial tender, the evidences for tender evaluation shall include major
parameters of rescinding technical bid and scope of deviation, and permissible scope of price deviation and discount calculation
methods.

Article 14

The purchaser shall submit bid documents; facilities purchase order, and written and official replies to relevant projects to the
relevant import and export apparatus for examining and verifying the bid documents in compliance with the Provisional Measures on
Managing the Import of Mechanical and Electrical Products. The import and export apparatus shall deliver the reply to the application
for the examination and verification of the bid documents (see Format 1) to the purchaser and the relevant units within 20 working
days (10 working days for miniature unit set of equipment). If the reply does not be delivered during the stipulated period for certain
special reasons, the import and export apparatus shall describe the reasons and the period needed to be extended.

Article 15

The bid documents, which have been examined and approved, may not be amended without the permission of the relevant import and export
apparatus.

Article 16

After the purchaser and the bidding agency receive the reply to the application for the examination and verification of the bid documents,
the bidding announcement shall be published in the newspapers and periodicals or other media specified by the government (see Format
2).

Article 17

The validity period of tender, commencing from the date of the bidding announcement, may not be less than 30 days, and may not be
less than 60 days for main complete set of equipment.

Article 18

Opening the tenders at the time and place stipulated in the bidding announcement. The tender scheme, alternative courses, price reduction
statement or discount from the price shall be advanced at the moment of opening of tenders, otherwise it may not be treated as evidences
for tender evaluation. The purchaser, tenders and relevant parties shall participate in carrying out the opening of tenders.

Article 19

The bidding agency shall deliver or mail the tender opening record (see Format 3) to the relevant import and export apparatus for
reference within 3 days after opening the tenders (the effective starting time shall rest upon the date in the postmark).

Chapter V Rules for Tender Evaluation

Article 20

Initial evaluation shall be conducted by the initial evaluation committee, which has an odd number of members, composed of the purchaser,
the bidding agency and the relevant experts. Half of the members shall be experts.

Article 21

Initial evaluation shall be strictly carried out in accordance with bid documents and tender document and contain three categories
of commerce, technique and price. The tender who has the lowest bid shall be the bid-winner in the event that the two categories
of commerce and technique meet the requirements of the bid documents.

Article 22

Requirements for commerce evaluation. Upon occurrence of one of the following conditions, the bidding shall be rescinded:

(1)

The tender’s failure in providing the tender bond, the insufficiency of the tender bond or the validity period of the letter of guarantee,
or the inconsistency between the tender bond form or the issuing bank and the requirements of the bid documents;

(2)

Exceeding the business scope of the tender;

(3)

The attorney of the tender failure in submitting the valid power of attorney issued by the manufacture;

(4)

The tender document without the signature of the legal representative, or the signing party without the valid power of attorney of
the legal representative;

(5)

The inconsistency between the performance of the tender with the requirements of the bid documents; or

(6)

The insufficiency of the validity period of tender.

Article 23

Requirements for technique evaluation

(1)

The tender document shall be rescinded, if it does not satisfy the major parameters in technical specification and exceeds the scope
of deviation.

(2)

The technical comparison table shall be filled in accordance with the requirements of the bid documents and the major parameters,
and may not be filled in with marks. After clarification of the technical problems, which are needed and permitted to be clarified,
the tender document meeting the requirements shall be regarded as valid, which shall be described in the comparison table.

Article 24

Requirements for the evaluation of price

(1)

The evaluation shall be conducted on the basis of assessing factors stipulated in the tender documents. Any necessary markup or markdown
shall be described according to the stipulation of the bid documents and the tender document during the process of evaluation.

(2)

The tender shall make a list of spare parts necessary for the quality assurance period and the prices in accordance with the requirements
of the bid documents and the technical situations of the products, and credit the price of the spare parts into the tender sum. The
case that the spare parts are not necessary shall be described in the tender document; otherwise the average rate of the spare parts
of other effective tenders shall be credited into the tender sum (or the highest bid of the effective tenders upon the requirement
of lending institutions).

(3)

As for calculating the tender sum in overseas loan projects, the price of foreign products shall be based on CIF, and that of domestic
products shall be based on ex works (excluding value-added tax).

(4)

Except in overseas loan projects, the tender sum shall be calculated on the basis of the installation site specified by the purchaser
after arrival of the products, of which the price of the foreign products shall be CIF add import add duty add internal transport
cost add premium, etc. And the price of the domestic products shall be ex-works (excluding value-added tax) add internal transport
cost add premium, etc.

(5)

If tender prices are denominated in various currencies, those prices shall be converted into US $ based on the current selling rates
of the Bank of China during the process of price evaluation.

Article 25

Rules for dealing with other matters arising from tender evaluation

(1)

The original of banker’s references shall be produced. The duplicated documentation of banker’s references issued within 3 months
before the bid opening has the same effectiveness as the original.

(2)

Clarifying the ambiguity in the tender document shall be permitted, but the material statement concerning technique, commerce, and
price, etc may not be amended. The clarification shall be carried out in writing.

(3)

The tender document shall be rescinded in the event that the tender copies the technical specification stipulated in the bid documents
as one part of the tender document.

(4)

The products manufactured by equity joint venture enterprises duly registered in China shall be regarded as meeting with the requirements
for the tenders’ performance, if the performance of the technical person in overall meets the requirements of the bid documents.

Chapter VI Transaction of the Import Procedure

Article 26

The purchaser and the bidding agency shall submit the tender evaluation report with official seals of both parties and signatures
of members of the Initial Evaluation Commission (see Attachment 2) to the relevant import and export apparatus according to the supervisor
privilege level with 15 working days after the initial evaluation.

Article 27

The import and export apparatus shall organize the tender evaluation commission to examine and verify the tender evaluation report
within 10 working days. If no party challenges, import formalities may be handled for the products of foreign bid winner pursuant
to the Provisional Measures on Managing the Import of Mechanical and Electrical Products. The bidding agency shall issue the award
notice on the basis of import formalities. In event of purchasing the products by utilizing overseas loans, the bidding agency shall
submit the tender evaluation report to the lending institution in accordance with the notice of the tender evaluation outcome issued
by the national tender evaluation commission after the examination and verification of the tender evaluation, and obtain its approval
before issuing the award notice and handling import formalities.

Article 28

The purchaser may not enter into supply contracts with foreign sellers who win the bid, unless import formalities have been handled.
The tender bond shall be returned to the purchaser within 5 days after the constitution of supply contracts.

Chapter VII Violation of Rules and Punishment

Article 29

Any of the following acts shall be regarded as violation of rules:

(1)

Colluding with others to invite tenders falsely;

(2)

Disclosing information on tender evaluation during the period of tender evaluation;

(3)

Disrupting the process of bidding and tender evaluation through unfair means;

(4)

Not evaluating tenders in accordance with the rules for tender evaluation stipulated in these Measures;

(5)

Writing the tender evaluation report in contravention of the bid documents and the tender document;

(6)

Constituting supply contracts before examining and approving the tender evaluation report or handling import formalities; or

(7)

Other acts which violate these Measures.

Article 30

Punishment

(1)

If the bidding agency is responsible for the violation of rules, the bidding shall be invalid and a notice of criticism shall be given
to the present violator. In addition, the qualification for bidding of the bidding agency shall be suspended or abolished according
to circumstances of the violation.

(2)

If the tender is responsible for the violation of rules, its tender document shall be invalid. In addition, its qualification for
tender shall be suspended or abolished according to circumstances of the violation.

(3)

If the purchaser is responsible for the violation of rules, the bidding shall be invalid and a notice of criticism shall be given
to the purchaser. In addition, the relevant import and export apparatus may not handle import formalities.

(4)

If the initial evaluation committee is responsible for the violation of rules, the tender evaluation report shall be invalid. In addition,
the member who shall take the material responsibilities for the violation of rules shall be prohibited to conduct the tender evaluation.

(5)

If the purchaser does not enter supply contracts with the bid-winner in accordance with effective stipulations, the bidding bond may
not be returned. The 50% of the bidding bond shall be paid to the bid-winner, and the other 50% shall be paid to the bidding agency.

If the bid-winner does not enter supply contracts with the purchaser in accordance with effective stipulations, the bid bond may not
be returned. The 50% of the bid bond shall be paid to the purchaser, and the other 50% shall be paid to the bidding agency.

(6)

If the acts constitute breach of discipline, the supervisory body shall give administrative sanctions to the violator. If the case
constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

Chapter VIII Supplementary Provisions

Article 31

If the loan agreement between governments of between financing institutions contains special provisions, the special provisions, shall
prevail.

Article 32

Local bidding or invitation for tender may not be adopted in overseas loan projects without the permission of the lending institutions.
If it is permitted, its procedures may follow the procedures of these Measures.

Article 33

Service charges for bidding shall be collected in accordance with the relevant laws and regulations.

Article 34

MOFTEC shall be responsible for the interpretation of these Measures. If the former relevant laws or regulations are in contravention
of these Measures, these Measures shall prevail.

 
The Ministry of Foreign Trade and Economic Cooperation
1999-03-14

 



CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON STRENGTHENING MANAGEMENT OF TRANSFER OF LAND AND STRICTLY BANNING SPECULATIVE LAND DEALING

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


Circular of the General Office of the State Council on Strengthening Management of Transfer of Land and Strictly Banning Speculative
Land Dealing



(Promulgated by the Document No. [1999] 39 of the General Office of the State Council on May 6,1999)

    Since the issuance of the Circular of the Central Committee of Communist Party of China and the State Council
on Further Strengthening Land Management and Earnestly Protecting Farmland, the land management, especially the work in relation
to the protection of farmland, has been strengthened, certain success has been achieved. However, there still exist some problems
such as disorder in land use, illegal transfer of land use right, and especially the illegal transaction of land collectively owned
by farmers is relatively serious, resulting in speculative land dealing and illegal fund raising in the name of developing “orchard”
or “manor”. In order to further strengthen the management of land transfer, to prevent the fashion of speculative land dealing, to
keep the stability in rural areas, to protect the interests of farmers, and to ensure the healthy and sustainable development of
economy and society, upon the examination and approval of the Premiers’ working conference of the State Council, the issues concerning
strengthening management of land transfer and strictly banning speculative land dealing are announced as follows:

    1.Strictly control the total amount of land used for urban and rural construction, decisively curb illegal
occupying of land for non-agricultural construction

    The construction of cities, villages and towns should not exceed the land use scale set in the overall plan
for land use, in cities the newly increased land for construction and the original land for construction should be uniformly controlled
in a way of aggregate supply and demand,   and the land cannot be supplied exceeding the plan; where the idle land may
be used in a variety of construction, such idle land must be used, the occupying of land for agriculture should not be approved,
for localities where idle land are not fully used, their index for transfer use of agricultural land should be deducted for the next
year.

    The residential sites in rural areas should be strictly controlled in scale and scope, land for building new
houses should be approved in strict accordance with the plan, the newly built houses should be gradually centralized towards core
villages and small towns town. The construction of core villages and small towns should be rationally laid out and planned in a unified
way, the agricultural land should not be arbitrarily occupied or requisitioned. The form of land supply and the relationship of property
right of land should be clearly identified in the construction of small towns, so as to prevent the occurrence of disputes arising
from land property ownership.

    The land used by township enterprises must be strictly controlled in the scope of land for construction of
cities, villages and towns set in the overall plan for land use, the buildings and structures not conforming to the overall plan
for land use should not be re-built or enlarged and should be adjusted and centralized step by step along with the reform of township
enterprises and the cleaning up of land.

    The scope of land for service areas along express ways should be strictly controlled, farmland along the both
sides of highways, if comforting to requirements, must be included into protection areas for capital farmland.

    2.Strengthen the management of transfer of land collectively owned by farmers, strictly ban illegal occupancy
of land collectively owned by farmers for developing real estate.

    The use right of land collectively owned by farmers cannot be transferred, conveyed, or rented for non-agricultural
construction; as for the township enterprises that conform to the plan and have legally obtained the use right of construction land,
if their land use rights have to be conveyed owing to bankruptcy or merger, they should undergo examination and approval procedures
in strict accordance with law.

    Farmers’ residences cannot be sold to urban residents, and urban residents should not be approved to occupy
land collectively owned by farmers to build residences, the relevant departments should not issue land use license and real estate
certificate for illegally-built or bought residence.

    The circumstances that unapproved and arbitrary transference of land collectively owned by farmers into construction
land should be cleaned up earnestly. Those that do not conform to the overall plan for land use should be resumed back to agricultural
purposes within a specified time limit, and returned to the original contractor of land collectively owned by farmers; for those
that conform to the overall plan, procedures for using land must be undertaken according to law.

    3.Strengthen land management of agricultural and forestry development projects, ban the requisition of land
collectively owned by farmers to carry out agricultural and forestry development such as “orchard” or “manor”

    The agricultural and forestry development projects must conform to the overall plan for land use and the annual
plan for land use, the ownership of land right and types of land must be strictly examined, no unit or individual may carry out land
development activities within reclamation-forbidden areas defined by the overall plan for land use.

    The procedures for using land must be go through in strict accordance with the relevant provisions of the
Land Administration Law of the People’s Republic of China, in carrying out agricultural and forestry development projects, no unit
or individual may privately sign an agreement of land use rural collective economic organization, it is prohibited to obtain the
land collectively owned by farmers in the way of requisition to carry out agricultural and forestry development such as “orchard”
or “manor”

    Where the agricultural and forestry development is carried out by using State-owned land in a form of contractual
management, a contractual agreement for State-owned land must be signed, in which the rights and obligations of both parties must
be agreed upon.

    The agricultural and forestry development projects must use the land in strict accordance with the approved
planned purposes, it is strictly prohibited to change the purpose for agriculture and forestry to carry out real estate development
such as villas, holiday-spending houses or entertainment facilities, where not-agricultural construction is really necessary, the
examination and approval procedures for construction use land must be gone through according to law. For those belonging to basic
construction projects, the examination and approval procedures must be through in strict accordance with the procedures for capital
construction. Only after the construction projects have been approved, may the procedures for using land for construction be gone
through, it is strictly prohibited to use land before approval.

    4.Strengthen supervision of land used for development, forbid developing land for illegal financing.

    The land for developing projects for agriculture and forest must be registered. The conditions for conveyance
or renting must be obviously stipulated. Conveyance or renting with no approval is forbidden. If the acquisition of the land use
right is through auction or conveyance and the land is collectively owned and not in use, only after payment is fulfilled and pre-development
is finished, can conveyance, renting, mortgage, contracting and other forms be used to obtain the land use right. With no permission
of renter or original owner, no sub-contract, rent, conveyance, mortgage may be carried out.

    The People’s Bank of China should strengthen management of credit and loan for developing projects for agriculture
and forest, contribute more efforts to the supervision and investigation and punishment to the illegal fund raising acts in the name
of land development or land transfer. As to land for development the payment of which is not completed and the use right of which
is not acquired, the banks concerned should permit the mortgage of it.

    Administrative departments for industry and commerce must strengthen management of enterprises engaged in
developing land, strictly examine their operation scope. These enterprises cannot use “attracting trade” and other informal diction,
should not engage in illegal financial activities; for attracting shareholders to develop land, no matter in the form of selling
or conveyance or any other form, the enterprises should proceed the procedure of enterprise registration according to the Company
Law of the People’s Republic of China. Operation of those enterprises must be strictly supervised. The enterprises, which exceed
their operation scope, must be investigated and punished. As to the enterprises engaged in illegal financial activities, once being
identified, their license should be revoked and the parties concerned should be investigated for liability.

    5.Standardise the transaction of state-owned land, ban speculative land dealing

    Land used for trade, tourism, entertainment, and luxurious houses, in principal, should be supplied in the
way of bidding or auction. Conveyance, rent, or mortgage of transferred land for the first time must conform to the provisions of
law and the requirements agreed upon in the transference contract, those not conforming to the requirements should not be conveyed,
rented or mortgaged. The use right of conveyance and rent of allocated land should be approved by the people’s governments with approving
authorities.

    It is prohibited to speculatively trade land in disguised forms by using construction projects, planning license
or land use sketch with red line. For a construction project of which the project has been approved, if its construction use land
conforms to the land use plan, the procedures for using land must be gone through within a specified time limit.

    Where transaction of the land use right is involved in the reformation and restructuring of a state-owned
enterprise, the land should not be sold at low price, and a schedule for settling land assets should be worked out, the enterprises
subordinated to the Center Government should choose the schedules which may abate the burden of the central finance and submit them
to the competent department of land administration under the State Council for approval.

    As to transaction of land use right is involved in the marketing of purchased public residents or economical
and applicable residents, the returns from land must be turned over to the State.

    6.Comprehensively clean up land conveyance and speculative land trading, decisively investigate and punish
illegal conveyance of land use right and illegal transaction of land collectively owned by farmers

    The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government
should organize a comprehensive cleaning up of the illegal land conveyance and speculative land trading within their respective administrative
areas. The emphasis should be put on the areas connecting cities and villages, especially the illegal used land along highways on
which structures, buildings are privately, or disorderly built. For those that conforming to the overall plan for land use but not
undergoing the relevant procedures according to the provisions, it must be gone through within a specified time limit, where no declaration
is made by the expiration of the time limit, the matter should be investigated and punished as illegal occupancy of land.

    Examine those land-using projects for attracting trade and selling land with the post_titles of “orchard” or “manor”;
in accordance with the principle of “Who ratified will be responsible”, properly deal with the problems. As to those violating regulations,
the party concerned will be examined and punished. If their conduct is serious enough to be regarded as crime, the judiciary will
investigate and punish them. Before the examination completes, approval of the projects for “orchard”, “manor” or “agriculture for
visiting” should be stopped. Perfect the report system, strengthen the supervision by the people and the media, timely punish the
conduct of speculative land dealing  

    The relevant departments of the State Council and the people’s governments of provinces, autonomous regions
and municipalities directly under the Central Government should seriously implement the spirit of this Circular, formulate corresponding
implementing measures and related implementing rules, ensure the implantation of the provisions on strengthening the management of
land conveyance and strictly banning speculative land dealing.

    The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government
should report the circumstances of the cleaning up of land conveyance and speculative land dealing to the State Council by the end
of December 1999. The State Council is to instruct the Ministry of Land and Resources, together with the other departments, to take
the responsibility in supervising and checking the implementation and fulfillment of this Circular, and regularly report to the State
Council.





INTERPRETATION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON CLAUSE 4 OF ARTICLE 22 AND CLAUSE 2 (3) OF ARTICLE 24 OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION BASIC LAW

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1999-06-26 Effective Date  1999-06-26  


Interpretation of the Standing Committee of the National People’s Congress on Clause 4 of Article 22 and Clause 2 (3) of Article
24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China

(Adopted at the Tenth Meeting of the Standing Committee of the Ninth National People’s Congress on June 26, 1999)

    The Standing Committee of the Ninth National People’s Congress examined at its Tenth Meeting the “Proposal
Requesting for an Interpretation on Clause 4 of Article 22 and Clause 2 (3) of Article 24 of the Basic Law of the Hong Kong Special
Administrative Region of the People’s Republic of China” submitted by the State Council. The Proposal of the State Council was submitted
on the basis of the report submitted by the Chief Executive of the Hong Kong Special Administrative Region in accordance with the
provisions of Article 43 and Article 48(2) of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China. The issue raised in the Proposal concerns the interpretation of the relevant articles and clauses the Basic Law of the
Hong Kong Special Administrative Region of the People’s Republic of China by the Court of Final Appeal of the Hong Kong Special Administrative
Region in its judgment dated January 29, 1999. These relevant articles and clauses concern the affairs that are subject to the jurisdiction
of the Central Authorities and concern the relationship between the Central Authorities and the Hong Kong Special Administrative
Region. Before making its judgment, the Court of Final Appeal has not sought an interpretation of the Standing Committee of the National
People’s Congress in accordance with the provisions of Clause 3 of Article 158 of the Basic Law of the Hong Kong Special Administrative
Region of thee People’s Republic of China. However, the interpretation of the Court of Final Appeal is not consistent with the original
legislative intent. Therefore, having consulted the Committee for the Basic Law of the Hong Kong Special Administrative Region under
the Standing Committee of the National People’s Congress, the Standing Committee of the National People’s Congress has decided to
make, under the provisions of Article 67(4) of the Constitution of the People’s Republic of China and Clause 1 of Article 158 of
the Basic Law
of the Hong Kong Special Administrative Region of the People’s Republic of China, an interpretation on the provisions of Clause 4
of Article 22 and Clause 2 (3) of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China as follows:

    1. The provisions of Clause 4 of Article 22 of the Basic Law of the Hong Kong Special Administrative Region
of the People’s Republic of China regarding “For entry into the Hong Kong Special Administrative Region, people from other parts
of China must apply for approval” mean that people from all provinces, autonomous regions, or municipalities directly under the Central
Government, including those persons of Chinese nationality born in the interior by Hong Kong permanent residents, who wish to enter
the Hong Kong Special Administrative Region for whatever reasons, must apply to the relevant authorities of their residential districts
for approval in accordance with the provisions of the relevant laws and administrative regulations of the State, and must hold valid
documents issued by the relevant authorities before they may enter the Hong Kong Special Administrative Region. It is unlawful for
people from all provinces, autonomous regions, or municipalities directly under the Central Government, including persons of Chinese
nationality born in the interior by Hong Kong permanent residents, to enter the Hong Kong Special Administrative Region without undertaking
the appropriate approval procedures in accordance with the provisions of the relevant laws and administrative regulations of the
State.

    2. The first three sub-paragraphs of Clause 2, Article 24 of the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China stipulates that: ” The permanent residents of the Hong Kong Special Administrative Region
shall be: (1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region;
(2) Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after
the establishment of the Hong Kong Special Administrative Region; (3) Persons of Chinese nationality born outside Hong Kong of those
residents listed in categories (1) and (2)”. The provisions of Sub-paragraph 3 concerning “persons of Chinese nationality born outside
Hong Kong of those residents listed in categories (1) and (2)” mean that both or either of their parents, whether they themselves
were born before or after the establishment of the Hong Kong Special Administrative Region, must be persons meeting the requirements
stipulated in Sub-paragraph 1 or 2 of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the
People’s Republic of China at the time of their birth. The original legislative intent as stated by this Interpretation, and the
original legislative intent of other sub-paragraphs of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China, have been reflected in the “Opinions on the Implementation of Article 24(2) of the Basic
Law of the Hong Kong Special Administrative Region of the People’s Republic of China” adopted at the Fourth Plenary Meeting of the
Preparatory Committee for the Hong Kong Special Administrative Region of the National People’s Congress on August 10, 1996.

    As from the promulgation of this Interpretation, the courts of the Hong Kong Special Administrative Region,
when referring to the relevant article or clauses of the Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China, shall adhere to this Interpretation. This Interpretation does not affect the right of abode in the Hong Kong Special
Administrative Region which has been acquired under the judgment of the Court of Final Appeal on the relevant cases dated January
29, 1999 by the parties concerned in the relevant legal proceedings. Moreover, the issue whether any other person meets the requirements
stipulated in Sub-paragraph 3 of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China shall be determined by reference to this Interpretation as a criteria.





MEASURES FOR THE REGISTRATION OF RESIDENT LAWYERS OF THE CHINESE REPRESENTATIVE OFFICES OF FOREIGN LAW FIRMS

The All-China Lawyers’ Association

Measures for the Registration of Resident Lawyers of the Chinese Representative Offices of Foreign Law Firms

The All-China Lawyers’ Association

September 18, 1999

(Adopted by the Fourth Standing Executive Council of the Fourth All-China Lawyers’ Association on September 18, 1999)

Article 1

These measures are formulated in light of strengthening the administration of the resident lawyers of the Chinese representative offices
of foreign law firms in accordance with the relevant spirit of the Law of the People’s Republic of China on Lawyers and the Statute
of All-China Lawyers’ Association.

Article 2

These measures shall apply to the resident lawyers of the Chinese offices of the foreign law firms that have obtained approval of
the Ministry of Justice of the People’s Republic of China for establishment.

The resident lawyers of the law firms of Hong Kong and Macao that have obtained approval for establishing representative offices in
the mainland shall refer to these measures for application.

Article 3

The resident lawyers of the Chinese offices of the foreign law firms shall be the chief representatives, representatives and foreign
lawyers who stay in China for more than 90 days consecutively handling the work of the Chinese representative offices of the foreign
law firms that have obtained approval of the Ministry of Justice and have been registered with the State Administration for Industry
and Commerce.

Article 4

The resident lawyers of the Chinese offices of the foreign law firms shall be registered.

Article 5

The All-China Lawyers’ Association shall be responsible for the registration of the resident lawyers of the Chinese offices of the
foreign law firms.

Article 6

The resident lawyers of the Chinese offices of foreign law firms shall apply to the All-China Lawyers’ Association for registration
for the next year from November 20 to December 20 of each year, subject to submitting the following materials:

1.

registration form (in Chinese, duplicate);

2.

credentials made by a chief partner of the foreign law firms attesting the good qualities of the applicant (original in both Chinese
and English);

3.

written pledge of the applicant to observe the laws and pertinent regulations of People’s Republic of China.

Article 7

The foreign law firms that have obtained approval of the Ministry of Justice of the People’s Republic of China for the establishment
of representative offices in China shall, within 30 days after the registration with the State Administration for Industry and Commerce,
apply to the All-China Lawyers’ Association for the registration of resident lawyers, subject to submitting the following materials:

1.

certificate of approval for establishment of representative office (replica in duplicate);

2.

credential of representative;

3.

credentials made by a chief partner of the foreign law firms attesting the good qualities of the applicant (original in both Chinese
and English);

4.

resume of the resident representative;

5.

written pledge of the resident representative to observe the laws and pertinent regulations of the People’s Republic of China (original
in Chinese).

Article 8

In case of any change or addition of resident representatives, the Chinese offices of the foreign law firms shall, within 30 days
after obtaining the aforesaid approval and registration, apply to the All-China Lawyers Association for registration, subject to
submitting the certificate of representative.

Article 9

The resident lawyers of the Chinese offices of the foreign law firms shall, when apply to the All-China Lawyers’ Association for registration,
pay a registration fee in accordance with the relevant provisions of China.

Article 10

In case the resident lawyers violating Articles 4 and 9 of these measures, the All-China Lawyers’ Association shall apply to the Ministry
of Justice for disqualification or punishment in accordance with the relevant provisions of the Regulations for the Administration
of the Chinese Branches of Foreign Law Firms.

Article 11

These measures shall enter into force as of December 1, 1999.

Article 12

The right of interpretation of these measures shall remain with the Ministry of Justice of the People’s Republic of China.



 
The All-China Lawyers’ Association
1999-09-18

 






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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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