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2005

INTERIM MEASURES FOR ADMINISTRATION OF FOREIGN-RELATED SOCIAL INVESTIGATION ACTIVITIES

20041013

The National Bureau of Statistics

Interim Measures for Administration of Foreign-related Social Investigation Activities

Decree [1999] No.3 of the National Bureau of Statistics

July 16, 1999

Article 1

These Measures are formulated, in accordance with the Statistics Law of the People’s Republic of China and other relevant laws and
regulations, for the purpose of standardizing foreign-related social investigation activities and actively directing the healthy
and orderly development of foreign-related social investigation activities to maintain the social economic order and promote the
smooth progress of opening up to the outside world and socialist construction.

Article 2

Foreign-related social investigation activities mentioned in these Measures refer to the social investigation activities conducted
by such institutions within the territory of China as foreign-capital enterprises, Chinese-foreign equity joint ventures held by
foreign parties, Chinese-foreign contractual joint ventures with foreigners occupying a leading position, branches of foreign enterprises,
resident representative offices of foreign enterprises and resident institutions in China of other foreign organizations(hereafter
referred to as foreign-related institutions for short); various social investigation activities conducted by domestic investigation
institutions with the entrustment or under the financial aid of organizations, individuals or foreign-related institutions from outside
the territory or in other cooperative ways.

Article 3

Organizations and individuals from outside the territory, subsidiaries of foreign enterprises and resident representative offices
of foreign enterprises within the territory and resident institutions in China of other foreign organizations shall not, by their
own, conduct social investigation activities within the territory of China. Where there is a need to conduct such investigations,
they shall be conducted by domestic institutions with the qualification of foreign-related social investigation. Institutions without
the qualification of foreign-related social investigation shall not accept the entrusted investigations.

Article 4

Foreign-related social investigation shall not overlap with the State statistical investigations, departmental statistical investigations
and local statistical investigations.

Article 5

Institutions and personnel conducting foreign-related social investigation activities shall not undertake the investigation activities
in the name of governmental statistical institutions and governmental statisticians.

Article 6

No unit and individual shall make use of foreign-related social investigation activities to obtain State secrets, jeopardize the State
security and interests, damage the public interests and engage in frauds.

No unit and individual shall make use of foreign-related social investigation activities to jeopardize others’ interests; with respect
to the single-item investigation information of the investigated unit or individual known in the foreign-related social investigation
activities, they shall bear the obligation to keep secrets.

Article 7

Statistical institutions of the people’s governments at or above the provincial level are the organs in charge of foreign-related
social investigation activities and responsible for the administrative work of foreign-related social investigation activities. Their
main functions and responsibilities are as follows:

(1)

to publicize and carry out the implementation of relevant policies, laws, regulations and rules regarding foreign-related social investigation
activities;

(2)

to plan, direct, coordinate and promote the development of the sector of foreign-related social investigations, to strengthen the
professional training and education in vocational ethics for practitioners in the sector of foreign-related social investigations;

(3)

to be responsible for the work of qualification identification of foreign-related social investigation institutions and annual verification;

(4)

to be responsible for the work of approving foreign-related social investigation activities;

(5)

to inspect law enforcement of foreign-related social investigation institutions, and investigate and deal with the relevant illegal
acts in foreign-related social investigation activities according to law; or

(6)

other functions and responsibilities provided for by laws or regulations.

Article 8

Institutions engaging in foreign-related social investigation activities shall, upon qualification identification, obtain the License
of Foreign-related Social Investigations. The License of Foreign-related Social Investigations shall be uniformly produced by the
statistical institutions of the people’s governments at or above the provincial level, and no unit and individual shall counterfeit
it.

Institutions which apply for the qualification to engage in foreign-related social investigation activities shall meet the following
requirements:

(1)

a legal person established according to law;

(2)

social investigations included in the operation or business scope registered in the department of industrial and commercial administration
or department of civil affairs or approved by the department of agency and staffing management;

(3)

investigation ability adaptable to their foreign-related social investigation activities;

(4)

strict and sound system of information secret-guarding; and

(5)

the legal representative having not been subject to criminal punishments within five years, and having not been subject to administrative
penalties, or administrative sanctions more serious than discharge from the post within two years.

Individuals, and institutions whose qualifications of foreign-related social investigation activities have not been identified shall
not engage in foreign-related social investigation activities.

Article 9

In applying for the qualification identification of foreign-related social investigation activities, the applicant shall submit the
following materials:

(1)

an application report;

(2)

a form for applying for the qualification to engage in foreign-related social investigation activities;

(3)

one of the following qualification certificates of legal person or approval documents: the Business License for Enterprise as Legal
Person and its copies, the Registration Certificate of Association as Legal Person and its copies and approval documents of the department
of agency and staffing management or relevant departments and their copies;

(4)

the resume of legal representatives, evidences presented by the departments of personnel dossier management showing that they have
not been subject to criminal punishments or administrative penalties, the original identity card and its copies; and

(5)

other materials required by the qualification identifying organs.

Article 10

Institutions which have obtained the License of Foreign-related Social Investigations through qualification identification of foreign-related
social investigation activities shall, with respect to their qualifications to engage in foreign-related social investigation activities
and the state of affairs of foreign-related social investigation activities conducted last year, accept an annual verification from
the original qualification identifying organ in March per year.

In dealing with the annual verification, the following materials shall be submitted:

(1)

the License of Foreign-related Social Investigations;

(2)

an annual verification form of foreign-related social investigation activities; and

(3)

a report on the state of affairs of the annual verification of foreign-related social investigation activities.

Where under special circumstances foreign-related social investigation institutions subject to annual verification are not able to
accept an annual verification on schedule, they shall apply for extending the handling period of the verification to the qualification
identifying organ. Whoever has not passed the annual verification, or have not handled it beyond the prescribed period and have not
yet applied for extending the handling period, its License of Foreign-related Social Investigations shall be suspended temporarily
or revoked in light of the seriousness of circumstances.

Article 11

With respect to the investigation institutions whose investigation scopes are across the administrative regions of provinces, autonomous
regions and municipalities directly under the Central Government, the National Bureau of Statistics shall be responsible for the
identification of their qualifications to engage in foreign-related social investigation activities and the annual verification;
with respect to the investigation institutions whose investigation scopes are limited within the administrative regions of provinces,
autonomous regions and municipalities directly under the Central Government, the statistical institutions of the people’s governments
of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the identification
of their qualifications to engage in foreign-related social investigation activities and the annual verification.

Article 12

To conduct foreign-related social investigation activities must be submitted to the statistical institutions of the people’s governments
at or above the provincial level for examination and approval.

With respect to the scope under investigation across the administrative regions of provinces, autonomous regions and municipalities
directly under the Central Government, the investigation shall be reported to the National Bureau of Statistics for examination and
approval; With respect to the scope under investigation limited within the administrative regions of provinces, autonomous regions
and municipalities directly under the Central Government, the investigation shall be reported to the statistical institutions of
the people’s government at the provincial level where the investigation will be conducted for examination and approval.

Article 13

In applying for examination and approval of foreign-related social investigation activities, the following materials shall be submitted:

(1)

the License of Foreign-related Social Investigations;

(2)

an application for projects of foreign-related social investigation;

(3)

an investigation plan, which includes the purpose, content, scope, time, object, questionnaire form and mode of investigation;

(4)

a written contract of the entrusted investigation; and

(5)

other materials whose submission is required by the examining and approving organ.

Article 14

The examining and approving organ shall, as of the date of receipt of the application materials, make a decision of examination and
approval and issue an Examination and Approval Decision of Foreign-related Social Investigations as quick as possible, and generally
the period of time for examination and approval shall not exceed 14 days; in case of special circumstances, the period of time for
examination and approval may extend another 10 days.

In case of being up to the qualification upon examination, an approval shall be given; in case of not being up to the qualification,
no approval shall be given while the reasons therefor shall be given.

Article 15

Foreign-related social investigation activities whose conducting has been consented to upon approval must be conducted according to
the approved investigation plan and shall not be arbitrarily changed; if there is a need to make a change, a written application
shall be submitted to the original examining and approving organ and apply for examination and approval of the part changed. No unit
and individual shall counterfeit an Examination and Approval Decision of Foreign-related Social Investigations.

Article 16

In conducting foreign-related social investigation activities upon approval, the following contents shall be indicated in a conspicuous
place in the questionnaire:

(1)

the approving organ of this project and the approval document number;

(2)

this investigation being voluntary.

Article 17

With respect to the approved foreign-related social investigation activities, the relevant institution shall, before providing the
investigation materials or relevant results of research to the organizations and individuals from outside the territory as well as
the foreign-related institutions, report to the secret-guarding department at the same level as the original examining and approving
organ for examination and approval, and only upon approval may provide them.

Article 18

Where institutions and personnel which engage in foreign-related social investigation activities conduct the foreign-related social
investigation activities in the name of governmental statistical institutions and governmental statisticians, they shall be given
a warning by the statistical institution of the people’s government at or above the provincial level. Where their investigation activities
are on non-business, a fine of more than 500 yuan but less than 1,000 yuan shall be imposed; where their investigation activities
are on business, the illegal gains shall be confiscated if any, and a fine equivalent to one to three times the illegal gains but
not more than 30,000 yuan shall be concurrently imposed, and if there are no illegal gains, a fine of more than 5,000 yuan but less
than 10,000 yuan shall be imposed. If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 19

Whoever commits one of the following illegal acts shall be dealt with in accordance with the provisions of relevant laws and regulations;
if the circumstances are serious, the License of Foreign-related Social Investigations shall be suspended temporarily or revoked
and a proposal shall be made to relevant department to cancel the legal person status:

(1)

making use of foreign-related social investigation activities to obtain State secrets, jeopardize the State security and interests,
damage the public interests and engage in frauds;

(2)

making use of foreign-related social investigation activities to jeopardize others’ interests, or without the agreement of the investigated
unit or individual divulge the single-item investigation information of the investigated unit or individual known in the foreign-related
social investigation activities; or

(3)

counterfeiting the License of Foreign-related Social Investigations or Examination and Approval Decision of Foreign-related Social
Investigations.

Article 20

Whoever commits one of the following illegal acts shall be ordered to stop the investigation by the statistical institution of the
people’s government at or above the provincial level. Where their investigation activities are on non-business, a fine of more than
500 yuan but less than 1,000 yuan shall be imposed; where their investigation activities are on business, the illegal gains shall
be confiscated if any, and a fine equivalent to one to three times the illegal gains but not more than 30,000 yuan shall be concurrently
imposed, and if there are no illegal gains, a fine of more than 5,000 yuan but less than 10,000 yuan shall be imposed. If the circumstances
are serious, the License of Foreign-related Social Investigations shall be suspended temporarily or revoked. If a crime is constituted,
criminal responsibility shall be investigated according to law:

(1)

without authorization engaging in foreign-related social investigation activities by failing to pass the qualification identification
or the annual verification;

(2)

without authorization engaging in foreign-related social investigation activities without approval, or failing to conduct the investigation
activities according to the approved investigation plan;

(3)

in case of foreign-related social investigation activities conducted upon approval, failing to indicate the approving organ, the approval
document number and investigation on a voluntarily basis in a conspicuous place in the questionnaire.

Article 21

Domestic investigation institutions which without approval and without authorization provide the investigation materials and results
of research obtained to the organizations and individuals outside China as well as the foreign-related institutions shall be dealt
with according to the relevant provisions of the State secret-guarding department.

Article 22

The working staff of the competent department of foreign-related social investigation activities, in performing their functions and
responsibilities, neglecting their duties, abusing their powers, committing illegalities for personal gains or by fraudulent means
or illegally divulging the business secrets about the relevant investigation institutions shall be given administrative sanctions
according to law; if losses are caused, civil liability shall be born; if a crime is constituted, criminal responsibility shall be
investigated according to law.

Article 23

Only when three full months have passed since the temporary suspension of the License of Foreign-related Social Investigations, may
an application for its return be made. Only when two full years have passed since the revocation of the License of Foreign-related
Social Investigations, may a re-application for the qualification to engage in foreign-related social investigation activities be
made.

Article 24

Where an institution conducting foreign-related social investigation activities is dissatisfied with the decision or punishment made
in accordance with these Measures by the statistical institution of the people’s government of a province, an autonomous region or
a municipality under the Central Government or the National Bureau of Statistics, it may apply for reconsideration to the National
Bureau of Statistics according to law, and may also directly bring a lawsuit to the people’s court.

Article 25

Social investigation activities involved in the cooperative project between our government and foreign governments as well as international
organizations shall be conducted in accordance with the relevant provisions of the State.

Article 26

The provisions of these Measures are applicable to the social investigation activities conducted in the mainland by the organizations
or individuals of Hong Kong Special Administrative Region, Macao region or Taiwan region.

Article 27

The National Bureau of Statistics is responsible for the interpretation of these Measures.

Article 28

These Measures shall enter into force as of August 15, 1999.



 
The National Bureau of Statistics
1999-07-16

 






CIRCULAR OF THE STATE ECONOMIC AND TRADE COMMISSION, THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION, THE GENERAL ADMINISTRATION OF CUSTOMS ON DECISION OF THE SECOND BATCH LIST OF IMPORT-RESTRICTED COMMODITIES IN PROCESSING TRADE






The Customs General Administration, the Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission

Circular of the State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs on Decision of the Second Batch List of Import-Restricted Commodities in Processing Trade

GuoJinMaoMaoYi [1999] No.934

September 27, 1999

Economic and trade commissions (economic commissions, planning and economic commissions), foreign trade and economic commissions (departments,
bureaus) of various provinces, autonomous regions, and municipalitie directly under the Central Government, municipalities separately
listed on the State plan and Xinjiang Production and Construction Corps, Guangdong Branch, various Customs directly under the General
Administration of Customs, and relevant departments under the State Council:

Based on the relevant regulations stipulated in the Circular of the Ministry of foreign Trade and Economic Cooperation and Other Departments
on the Opinions of Adopting Further Measures to Encourage the Expansion of Foreign Trade Export Transmitted by the General Office
of the State Council (GuoBanFa [1999] No. 71) the List of Restricted Commodities in Processing Trade (the second batch) is hereby
distributed to you. The “actual operation” of bank deposit account shall be implemented from October 1, 1999 according to the relevant
regulations. Contracts of processing trade approved by competent foreign trade and economic cooperation departments before October
1 and put on record in the customs office before January 1, 2000 shall still be implemented according to original regulations till
the contracts expire. Contracts approved to be prolonged can have an extension of at most half a year, those applying for the second
extension shall be levied by the Customs account deposit which is equal to the taxable amount on materials and parts not processed
for export. Customs at various localities shall bay close attention to the handling of filing procedures for contracts of processing
trade approved before October 1. htm/e02506.htmNew Page 1

￿￿

￿￿

Attachment:

LIST OF RESTRICTED COMMODITIES IN PROCESSING TRADE 

(The Second Batch) 

￿￿

Commodity

Name of Commodity

Tariff Number

1. Sugar

 

Cane sugar, without perfume or colorant

17011100

 

Beet sugar, without

17011200

 

Perfume or colorant Granulated sugar

17019910

 

Refined white sugar

17019920

2. Vegetable oil (notchanged by chemicalprocesses)

 

Preliminary pressed bean oil

15071000

 

Other bean oils and their separated products

15079000

 

Preliminary pressed peanut oil

15081000

 

Other peanut oils and their separated products

15089000

 

Preliminary pressed palm oil

15111000

 

Other palm oils and their separated products

15119000

 

Preliminary pressed sunflower oil or safflower oil

15121100

 

Preliminary pressed cottonseed oil. With cottonseed phenol or not

15122100

 

Other cotton seed oils and their separated products

15122900

 

Preliminary pressed rape oil

15141010

 

Preliminary pressed mustard oil

15141090

 

Other rape oils or mustard oils and their separated products

15149000

 

Preliminary pressed com oil

15152100

 

Sesame oil and its separate products

15155000

3. Natural rubber

 

Natural latex, whether vulcanized or nor

40011000

 

Smoked rubber sheet

40012100

 

Technology sorted natural rubber (TSNR)

40012200

 

Natural rubber in other forms

40012900

4. Wool

 

Uncombed fatted sheared wool

51011100

 

Other uncombed fatted wool

51011900

 

Uncombed de-fatted sheared wool, not carbonized

51012100

 

Other uncombed de-fatted wool, not carbonized

51012900

 

Uncombed carbonized wool

51013000

 

Wool noil

51031010

 

Carded wool

51051000

 

Combed wool in fragments

51052100

 

Wool tops and other combed wool

51052900



DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON BANNING HERETICAL CULT ORGANIZATIONS, PREVENTING AND PUNISHING CULT ACTIVITIES

CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION CONCERNING THE RELEVANT ISSUES ON THE ADJUSTMENT OF THE MEASURES FOR THE ADMINISTRATION OF THE EXPORT MANAGEMENT OF THE DRAWNWORK PRODUCTS

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation Concerning the Relevant Issues on the Adjustment of the Measures
for the Administration of the Export Management of the Drawnwork Products

WaiJingMaoGuanFa [1999] No.745

December 17, 1999

Commissions (departments, bureaus) of foreign trade and economic cooperation in various provinces, autonomous regions, municipalities
directly under the Central Government and municipalities separately listed on the State plan, every concerned enterprise of foreign
trade and economic cooperation:

In order to seriously carry out the Circular of the General Office of the State Council for Transmitting the Opinions of the Ministry
of Foreign Trade and Economic Cooperation and other Ministries on Taking Further Measures to Encourage Expanding Foreign Trade Export
(GuoBanFa [1999] No.71), to further decrease product varieties under export quota and license control and to relax the control on
export right, the Ministry of Foreign Trade and Economic Cooperation, based on the drawnwork export performance in the recent two
years, has decided to abolish the license control on drawnwork export and stop checking and ratifying drawnwork export qualifications
of export companies starting from January 1,2000. The Circular on Printing and Distributing the Interim Provisions for the Export
Administration of the Drawnwork Products (WaiJingMaoGuanFa [1997] No.614) is nullified simultaneously.

The Circular hereby given shall be implemented accordingly.

 
The Ministry of Foreign Trade and Economic Cooperation
1999-12-17

 



PROVISIONAL REGULATIONS ON COLLECTION AND PAYMENT OF SOCIAL INSURANCE PREMIUMS

Category  INSURANCE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1999-01-22 Effective Date  1999-01-22  


Provisional Regulations on Collection and Payment of Social Insurance Premiums

Chapter I  General Provisions
Chapter II  Administration of Collection and Payment
Chapter III  Supervision and Examination
Chapter IV  Penalty Provisions
Chapter V  Supplementary Provisions

(Adopted at the 13th Executive Meeting of the State Council on January 14,1999, promulgated by Decree No.259 of the State Council
of People’s Republic of China on January 22, 1999)

Chapter I  General Provisions

    Article 1  These Regulations are formulated to strengthen and regularize collection and payment of social insurance premiums, and
to ensure the granting of social insurance compensation.

    Article 2  These Regulations are applicable to collection and payment of basic pensions, basic medical insurance premiums and unemployment
insurance premiums (hereinafter collectively referred to “social insurance premiums”).

    A unit or an individual paying premiums mentioned in these Regulations refers to the unit or individual who
shall pay social insurance premiums according to the provisions of relevant laws, administrative regulations and of the State Council.

    Article 3  The collection and payment scope of basic pensions: State-owned enterprises, collectively owned enterprises in cities
and towns, enterprises with foreign investment, privately owned enterprises in cities and towns and other enterprises in cities and
towns as well as their staff and workers, and institutions managed as enterprise as well as their staff and workers.

    The collection and payment scope of basic medical insurance premiums: State-owned enterprises, collectively
owned enterprises in cities and towns, enterprises with foreign investment, privately owned enterprises in cities and towns and other
enterprises in cities and towns as well as their staff and workers, State organs and their functionaries, institutions and their
staff and workers, private non-enterprise unit as well as their staffs and workers, social organizations and their full-time staff.

    The collection and payment scope of unemployment insurance premiums: State-owned enterprises, collectively
owned enterprises in cities and towns, enterprises with foreign investment, privately owned enterprise in cities and towns and other
enterprises in cities and towns as well as their staff and workers, institutions as well as their staff and workers.

    The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government,
according to the actual local situations, may provide for the incorporation of individual industrial and commercial businesses in
cities and towns into the collection and payment scope of basic pensions and basic medical insurance, and may provide for the incorporation
of social organizations and their full-time staff,  private non-enterprise units and their staffs and workers, as well
as individual industrial and commercial businesses in cities and towns with employees and their employees into the collection and
payment scope of unemployment insurance.

    The base and rate of social insurance premiums shall be set fixed in accordance with relevant laws and administrative
regulations as well as provisions of the State Council.

    Article 4  Units and individuals paying premiums shall promptly pay social insurance premiums in full amount.

    Social insurance premiums collected and paid shall be incorporated into social insurance funds and only used
for their special purposes. No unit and individual may misappropriate these premiums.

    Article 5  The administrative department of labor security under the State Council is responsible for the nationwide administration,
supervision and checkup of the collection and payment of social insurance premiums. The administrative departments of labor security
of the people’s governments at or above the county level are responsible for the administration, supervision and checkup of the collection
and payment of social insurance premiums within their respective administrative areas.

    Article 6  Social insurance premiums shall be collected in a way that three kinds of social insurance premiums are collected centrally
and uniformly. The people’s governments of provinces, autonomous regions, and municipalities directly under the central Government
shall prescribe the collecting agencies. They may collect by taxation departments, or by social insurance agencies established by
the administrative department of labor security according to the provisions of the State Council (hereinafter referred to as social
insurance agencies).
Chapter II  Administration of Collection and Payment

    Article 7  Units paying premiums must carry out social insurance registration with local social insurance agencies to participate
in social insurance.

    The registration items include: name and domicile of the unit, its business place, type of the unit, its legal
representative or person in charge, its bank account number and other items prescribed by the administrative department for labor
security of the State Council.

    Article 8  Units paying premiums which have already participated in social insurance before the enforcement of these Regulation shall,
within 6 months of the date of enforcement of these Regulation, carry out social insurance registration with the local social insurance
agencies, and the said agencies shall issue them a social insurance registration certificate.  

    Units paying premiums which have not participated in social insurance before the enforcement of these Regulation,
within 30 days of the date of enforcement of these Regulations, and units paying premiums which are established after the enforcement
of these Regulations, within 30 days of the date of their establishment, shall apply for social insurance registration at the local
social insurance agencies on the basis of their business licenses, registration certificates or other such relevant certificates.
After verification, the social insurance agencies shall issue them a social insurance registration certificate.

    Social insurance registration certificate may not be forged or altered.

    The form of social insurance registration certificate shall be determined by the administrative department
of labor security of the State Council.

    Article 9  If the social insurance registration items of a unit paying premiums change or the unit paying premiums is terminated
according to law, procedures for change or cancellation of the social insurance registration shall be carried out with the social
insurance agency within 30 days of the date of the change or termination.

    Article 10  Units paying premiums shall, on a monthly basis, report to the social insurance agency the amount of social insurance
premiums payable and, after assessment by the social insurance agency, pay their social insurance premiums within the prescribed
time period.

    If a unit paying premiums fails to report the amount of social insurance premiums payable according to provisions,
the social insurance agency `shall provisionally set the amount payable at 110 per cent of the premium amount paid in the preceding
month. If it did not make a premium payment in the preceding month, the social insurance agency shall provisionally set the amount
payable according to the unit’s business situations, its number of staff and workers and other such relevant circumstances. After
a unit paying premiums has retroactively carried out its reporting procedures and paid the social insurance premiums according to
the sum assessed, the social insurance agency shall settle the accounts according to provisions.

    Article 11  If the people’s government of a province, an autonomous region or a municipality directly under the Central Government
has determined that the
tax authorities shall levy and collect social insurance premiums, the social insurance agency shall promptly provide the tax authorities
with the relevant information of the social insurance registration, changes of registration, cancellation of registration and premium
payment reports of the unit paying premiums.  

    Article 12  Units and individuals paying premiums shall pay their social insurance premiums in cash and in full.

    The social insurance premiums payable by individuals paying premiums shall be withheld from their wages and
paid for them by their work units.

    Social insurance premiums may not be reduced or exempted.

    Article 13  If a unit paying premium fails to pay its own social insurance premiums or to withhold and pay those of its staff and
workers according to provisions, the administrative department of labor security or tax authority shall order it to pay within a
prescribed time limit; if it has still not paid at the end of the time limit, in addition to paying the sum owned, it shall pay a
late-payment fine of 0.2 per cent per day, counting from the date when the amount became overdue. Late-payment fines shall be consolidated
into the social insurance funds.

    Article 14  Social insurance premiums collected shall be deposited into a dedicated public finance account for social security funds
opened by the public finance authorities with a State-owned commercial bank.

    The social insurance funds established shall respectively be basic old age insurance funds, basic medical
insurance funds, and unemployment insurance funds according to the pooling scope for the risk concerned. Separate and independent
accounts shall be maintained for each type of social insurance funds.

    No taxes of fees shall be calculated or levied on social insurance funds.

    Article 15  If the people’s government of a province, an autonomous region or a municipality directly under the Central Government
has determined that the tax authorities shall levy and collect social premiums, the tax authorities shall promptly provide the social
insurance agencies with information of the premium payments of units and individuals paying premiums. The social insurance agencies
shall consolidate the relevant matters and submit them to the administrative departments of labor security.  

    Article 16  Social insurance agencies shall establish premium payment records. Of such records, those that pertain to basic old age
insurance and basic medical insurance shall contain a record of the personal accounts, according to provisions. Social insurance
agencies shall be responsible for maintaining premium payment records and ensuring their completeness and security. Social insurance
agencies shall issue statements to individuals paying premiums concerning their basic old age insurance and basic medical insurance
personal accounts at least once a year.

    Units and individuals paying premiums are enpost_titled to access their premium payment records according to provisions.
Chapter III  Supervision and Examination

    Article 17  Unit paying premiums shall announce to their staff and workers on a annual basis details of the units’ social insurance
premium payments for the whole year, and accept the supervision of their staff and workers.  

    Social insurance agencies shall periodically inform the public on details of the levy and collection of social
insurance premiums, and accept the supervision of the society.

    Article 18  According to the provisions of the people’s governments of provinces, autonomous regions and municipalities directly under
the Central Government on collecting agencies of social insurance premiums, when an administrative department of labor security or
a tax authority conducts an examination of the premium payments of a unit according to law, the unit being examined shall provide
such information relevant to the payment of social insurance premiums as employment details, payrolls and financial statements, etc.,
and truthfully report the situation. The unit examined may not refuse the examination or make false or deceptive reports. The administrative
department of labor security or the tax authority may make a written record of, audio tape, videotape, photograph or photocopy materials;
however, they shall maintain the confidentiality of the unit paying premiums.

    When conducting the duties indicated in the preceding paragraph, the personnel of the administrative department
of labor security or the tax authority shall produce their proof of carrying out official business.

    Article 19  When an administrative departments of labor security or a tax authority investigates cases of the illegal acts related
to the collection and payment of social insurance premiums, the relevant departments and units shall provide support and cooperation.  

    Article 20  Subject to authorization by the administrative departments of labor security, social insurance agencies may conduct examination
and investigation related to the collection and payment of social insurance premiums.

    Article 21 Any organization or individual has the right to report illegal acts related to the collection and payment of social insurance premiums.
The administrative department of labor security or the tax authority shall promptly investigate the report, handle it according to
provisions, and maintain the confidentiality of the person making the report.

    Article 22  Payments into and out of the social insurance fund shall be subject to separate administration and shall be supervised
by the public finance departments according to law.

    The auditing departments shall supervise the payments into and out of the social insurance fund according
to law.
Chapter IV  Penalty Provisions

    Article 23  If a unit paying premiums fails to carry out social insurance registration, change its registration or cancel its registration
according to provisions, or fails to report the amount of social insurance premiums payable according to provisions, the administrative
department of labor security shall order it to correct situation within a prescribed time limit; in serious cases, a fine of not
less than 1,000 yuan and not more than 5,000 yuan may be imposed on the person in charge who are directly responsible and other directly
responsible persons; in particularly serious cases, a fine of not less than 5,000 yuan and not more than 10,000 yuan may be imposed
on the person in charge who are directly responsible and other directly responsible persons.  

    Article 24  If a unit paying premiums violates relevant financial, accounting or statistics laws or administrative regulations or
relevant State regulations, or forges, alters or intentionally destroy relevant account books or documents, or fails to keep accounts,
thereby making it impossible to determine the base number for the collection and payment of social insurance premiums, it shall not
only be subjected to administrative penalties, disciplinary punishment and/or criminal prosecution in accordance with the provisions
of the relevant laws and administrative regulations, but it shall also make payment in accordance with Article 10 of these Regulations.
If it delays payment, the administrative department of labor security or the tax authority shall decide to impose a late-payment
fine in accordance with Article 13 of these Regulations and impose a fine of not less than 5,000 yuan and not more than 20,000 yuan
on the person in charge who are directly responsible and other directly responsible persons.

    Article 25  Units or individuals paying premiums dissatisfied with the penal decisions of the administrative departments of labor
security or tax authorities may apply for reconsideration of the cases according to law. If the units or individuals are dissatisfied
with the decisions made upon reconsideration, thy may file suits according to law.

    Article 26  If a unit paying premiums refuses to pay its social insurance premiums or late-payment fines after the time limit for
payment thereof has expired, the administrative department of labor security or the tax authority shall apply to the people’s court
to enforce payment according to law.

    Article 27  If personnel of an administrative department of labor security, social insurance agency or tax authority abuse their powers,
practise favoritism or graft, or neglect their duties, resulting in the loss of social insurance premiums, the administrative department
of labor security or the tax authority shall pursue the recovery of the lost social insurance premiums; if a comical offence is constituted,
criminal liability shall be pursued according to law; if no criminal offence is constituted, administrative punishment shall be imposed
according to law.

    Article 28  If any unit or individual misappropriates social insurance funds, the recovery of the misappropriated funds shall be pursued,
and any illegal income shall be confiscated and consolidated with the social insurance funds; if a comical offence is constituted,
criminal liability shall be pursued according to law; if no criminal offence is constituted, the persons in charge directly responsible
and other directly responsible persons shall be subjected to administrative punishment according to law.
Chapter V  Supplementary Provisions

    Article 29  The peoples’ governments of provinces, autonomous regions and municipalities directly under the Central Government, according
to the actual local conditions, may determine that these regulations shall apply to the collection and payment of work-related injury
insurance and maternity insurance premiums within their respective administrative areas.

    Article 30  The tax authorities and social insurance agencies may not make any appropriations from the social insurance funds to cover
expenses incurred in their levy and collection of social insurance premiums. Funding for the necessary expenses shall be included
in the budget and appropriated form public finance.

    Article 31  These Regulation shall take effect as of the date of promulgation.





ANNOUNCEMENT OF CHINA INSURANCE REGULATORY COMMISSION ON STRICTLY PROHIBITING OVERSEAS INSURANCE INSTITUTION FROM UNDERTAKING ILLEGAL INSURANCE AND INTERMEDIARY

The China Insurance Regulatory Commission

Announcement of China Insurance Regulatory Commission on Strictly Prohibiting Overseas Insurance Institution from Undertaking Illegal
Insurance and Intermediary

[1999] No. 6

March 30, 1999

It is investigated that a few overseas and HK, Macao, Twain insurance companies and intermediary institutions recruit the business
men or agents and engage in the business of insurance and intermediary illegally in our country without the approval of the insurance
supervision institutions. In order to maintain the normal order of internal insurance market and the interest of the insure, the
China Insurance Regulatory Commission (hereinafter referred to CIRC) declares the following:

I.

Without the approval of the insurance supervision institutions, recruitment of the businessmen or engagement in the business of insurance
through the agents and brokers should not be allowed by the overseas and HK, Macao, Twain insurance companies and intermediary institutions
established in our country.

II.

The agent offices of the overseas insurance companies in China should not undertake the business of insurance, reinsurance and intermediary
contrary to their business range. Once found, they should be disposed seriously and cancelled the qualification of establishment
of the agent office in China.

The domestic institutions or residents should report to CIRC if they discover the overseas insurance companies or its agent offices
in China recruiting the business men or agents and engageing in the business of insurance and intermediary illegally in our country
without the approval of the insurance supervision institution. CIRC will investigate the reported illegal business and dispose seriously
with the relevant institutions according to the laws.



 
The China Insurance Regulatory Commission
1999-03-30

 






PROVISIONS ON CONTROL OVER THE ECONOMIC INSPECTION ON ENTERPRISES

Category  JUDICIAL ADMINISTRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1999-07-23 Effective Date  1999-07-23  


Provisions on Control over the Economic Inspection on Enterprises



(Formulated by the State Economic and Trade Commission, the State Development Planning Commission, the Ministry of Finance, the Ministry of Personnel, National Audit Office, the State Administration of Taxation, National Bureau of Statistics,
the State Administration of Industry and Commerce, the State Bureau of Quality and Technical Supervision and the State Administration
of Foreign Exchange, approved by the State Council on July 9, 1999 and promulgated by the State Economic and Trade Commission on
July 23, 1999)

    Article 1  These Provisions are formulated in order to standardize activities of economic inspection on enterprises conducted by
administrative organs, alleviate enterprises’ burden and maintain the economic order of the socialist market.

    Article 2  The term “economic inspection” mentioned in these Provisions refers to inspection conducted by administrative organs on
the situations of obedience of laws and regulations in enterprises’ production and operation.

    Administrative organs mentioned in the preceding paragraph include departments of economy and trade, finance,
price, taxation, industry and commerce, quality and technical supervision, foreign exchange control, audit, etc.

    Article 3  Except as clearly stipulated by laws and regulations, no administrative organ is allowed to conduct economic inspection
on enterprises without authorization.

    Article 4  When conducting economic inspection on enterprises according to laws and regulations, administrative organs shall make
overall plan, pay close attention to efficiency, ensure quality and avoid repetition.

    Article 5  Before conducting economic inspection on enterprises, administrative organs shall make inspection plans in advance. The
inspection plans shall include the basis, time, objects and items of the inspection.

    Administrative organs shall submit inspection plans to the departments appointed by the people’s governments
at the same level (hereinafter collectively referred to as appointed departments) for the record. The appointed departments shall
make necessary coordination on the inspection plans of the administrative organs concerned; if the plans may be merged, they shall
be merged; if the plans may be jointly implemented, the administrative organs concerned shall be organized to jointly conduct the
inspection.

    For an economic inspection on enterprises to be conducted by an administrative organ with vertical management
system, it shall submit the inspection plans to for the record. The organ at the next higher level shall make necessary coordination
on the inspection plans of the organ at the next lower level; if the plans may be merged, they shall be merged.

    Article 6  The same administrative organ shall not conduct economic inspection on the same enterprise more than one time each year,
except as otherwise provided by laws, administrative regulations and these Provisions.

    Article 7  When conducting economic inspection on enterprises by taxation organs, State taxation organs and local taxation organs
shall, in accordance with the principle of administrating separately and inspecting jointly, jointly organize the conduction of the
inspection according to the inspection plan; taxation organs at the province (autonomous region or municipality directly under the
Central Government) level, the municipality (prefecture, league) level, and the county (banner) level shall coordinate as a whole.
Taxation organs shall not conduct taxation inspect on the same enterprise for more than twice per year.

    Quality and technical supervision organs shall not conduct supervision and random check on product quality
of the same enterprise for more than twice per year, except those enterprises the product quality of which is not up to standard
in random check.

    For key and large State-owned enterprises into which inspection commissioners of the State Council have been
appointed, except as otherwise provided by laws and administrative regulations, the administrative organs concerned shall not conduct
finance inspection on these enterprises.

    Article 8  When conducting economic inspection on enterprises, administrative organs shall issue an inspection notice. The inspection
notice shall include the following contents:

    (1) laws and regulations on the basis of which the inspection is conducted;

    (2) inspection contents;

    (3) time limit for inspection;

    (4) staff and responsible persons conducting inspection.

    Article 9  After completion of the economic inspection on enterprises, administrative organs shall promptly provide objective, veritable
and explicit reports and submit them to appointed departments or departments at higher levels for the record. The appointed departments
or departments at higher levels shall, according to situations, send copies of the inspection reports to the administrative organs
concerned.

    If the inspection report of an administrative organ may meet the needs of any other administrative organs
in performing their functions and duties, the other administrative organs shall make use of the report to avoid repeated inspection.

    Article 10  Except the charging items prescribed by laws, regulations, the State Council, the Ministry of Finance, the State Development
and Planning Commission as well as the people’s governments of provinces, autonomous regions and municipalities directly under the
Central Government, when conducting economic inspection on enterprises, administrative organs shall not charge any fees, nor transfer
any inspection expenditures onto enterprises in any form.

    Article 11  When conducting economic inspection on an enterprise, administrative organ’s staff shall not receive gifts, remuneration
or fringe benefits from the inspected enterprise, nor apply for reimbursement in the inspected enterprise, nor join the junketing,
entertainment or tour activities of the inspected enterprise, nor seek profits for himself, his relatives or others through inspection.

    Article 12  If an administrative organ commits any one of the following acts, administrative sanctions shall be imposed upon the persons
in charge directly responsible and the other directly responsible:

    (1) to conduct economic inspection on enterprises without an inspection notice;

    (2) to conduct economic inspection on the same enterprise for more times than prescribed within one year;

    (3) to illegally charge fees from inspected enterprises or transfer inspection expenditures onto enterprises.

    Article 13  If the staff of an administrative organ commit any one of the following acts, the administrative sanctions of warming
or even dismissal shall be imposed:

    (1) in violation of the provisions, to conduct economic inspection on enterprises without authorization;

    (2) to receive gifts, remuneration or fringe benefits from inspected enterprises;

    (3) to apply for reimbursement in inspected enterprises;

    (4) to join junketing, entertainment or tour activities of inspected enterprises;

    (5) to seek profits for himself, his relatives or others through inspection.

    The gifts, remuneration or fringe benefits of inspected enterprises received by staff of an administrative
organs mentioned in the preceding paragraph shall be confiscated, pursued or ordered to return or compensate according to law; the
fees reimbursed in the inspected enterprises and the fees for junketing, entertainment or tour activities shall be returned, compensated,
or paid by themselves.

    Article 14  Enterprises are enpost_titled to reject any economic inspections conducted in violation of these Provisions, and any unit and
individual is enpost_titled to report to supervision departments and other relevant departments. The departments receiving the report
shall keep it confidential and handle it promptly.

    Article 15  The staff of administrative departments retaliating upon or framing up reporters shall be investigated for criminal responsibilities
if crimes are constituted; if no crimes are constituted, they shall be given administrative sanctions according to law.

    Article 16  Administrative organs are not restricted by Articles 4,5,6,7,8,9 of these Provisions if they have reasons to believe that
illegal activities or possibilities thereof exist in the enterprise.

    Article 17  Special inspections decided by the State Council, by the relevant departments of the State Council after State Council’s
approval, or by the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government
shall be conducted respectively in accordance with the scopes, contents, time limits and procedures defined by the State Council
or the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government.

    Article 18  The people’s governments of provinces, autonomous regions or municipalities directly under the Central Government may
formulate implementing measures according to these Provisions.

    Article 19  Inspections conducted by any other administrative organs shall be conducted by reference to these Provisions.

    Article 20  These Provisions take effect from the date of promulgation.





SUPPLEMENTARY CIRCULAR OF THE STATE ECONOMIC AND TRADE COMMISSION, THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION AND THE GENERAL ADMINISTRATION OF CUSTOMS ON ADJUSTING COMMODITY LISTS OF THE FIRST BATCH OF IMPORT PRODUCT OF PROCESSING TRADE IN RESTRICTION

The State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs

Supplementary Circular of the State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation and the
General Administration of Customs on Adjusting Commodity Lists of the First Batch of Import Product of Processing Trade in Restriction

GuoJingMaoMaoYi [1999] No.930

September 27, 1999

The Economic and Trade Commission and Foreign Trade Committee of the provinces, autonomous regions, municipalities directly under
the Central Government, municipalities separately listed on the State plan and production and construction crops of Xinjiang, Guangdong
branch of the General Administration Customs, customs directly under the General Administration of Customs and relevant departments
of State Council:

With a view to implementing the Circular of General Office of the State Council on Transmitting the Opinions of State Economic and
Trade Commission and Other Departments on Further Perfecting the Deposit Machine Account System of Processing Trade Bank (GuoBanFa
[1999] No.35), the Circular on Confirming Commodity Lists of the First Batch of Import Product of Processing Trade in Prohibition
and in Restriction (GuoJingMaoMaoYi [1999] No.490, hereinafter referred as Commodity Lists) was jointly promulgated by State Economic
and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation and the General Administration of Customs. Now adjustment
to the numbers of heading of cotton cloth in the Commodity Lists has been made since October1, 1999. Attachment:Numbers of Heading Lists of Cotton Cloth in Restriction

Category of commodity Numbers of heading of commodity

Cotton cloth

Without bleach 52081100 52081200 52081300 52081900 52091100 52091200 52091900 52101100

Bleached 52082100 52082200 52082300 52082900 52092100 52092200 52092900 52102100

52102200 52102900 52112100 52112200 52112900 52121200 52122200



 
The State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs
1999-09-27

 






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON AMENDMENT TO THE HIGHWAY LAW

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1999-10-31 Effective Date  1999-10-31  


Decision of the Standing Committee of the National People’s Congress on amendment to the


Appendex: Highway Law of the People’s Republic of China (1999)
Contents
Chapter I  General Provisions
Chapter II  Highway Planning
Chapter III  Highway Construction
Chapter IV  Highway Maintenance
Chapter V  Highway Administration
Chapter VI  Toll Highways
Chapter VII  Supervision and Inspection
Chapter VIII  Legal Responsibility
Chapter IX  Supplementary Provision
APPENDIX:RELEVANT ARTICLES OF PENALTIES FOR VIOLATION OF PUBLIC SECURITY

(Adopted at the 12th Meeting of the Standing Committee of the Ninth

National People’s Congress on October 31, 1999 and promulgated by Order
No. 25 of the President of the People’s Republic of China on October 31, 1999)

    1. The 12th Meeting of the Standing Committee of the Ninth National
People’s Congress decided to make following amendment to the of the People’s Republic of China>:

    (1) The first paragraph of the Article 21 shall be amended as: ” Raising
funds for highway construction may ask for loan from domestic and foreign
financial organizations according to law, besides financial allocations
from people’s governments at various level including funds for specified
item of highway construction by raise through in accordance with law
collecting taxes turned to as allocations.”

    (2) Article 36 shall be amended as: ” State adopts the measure of
collecting taxes to raise funds for maintenance of highway according to law.
The specific measure of implementation and its steps shall be stipulated by
State Council.”

    “In accordance with law funds raised by collecting taxes for highway
maintenance must be used for specific item of maintaining and reconstructing
highway.”

    (3) Article 76 shall be deleted.

    In accordance with this decision the Republic of China> shall be amended correspondingly and repromulgated again
and effective as of the date of promulgation.

    2. The State Council shall abolish various unresonable fee collecting,
determine rational range of taxes collecting and adopt effective measure to
prevent from increasing of burden on peasant, at same time shall prevent from
increasing of burden on units who consuming oil not for vehicle, when
formulates the measure of implementation for changing fee collecting of
highway and vehicle to taxes collecting.

Appendex: Highway Law of the People’s Republic of China (1999)
(Adopted at the 26th Session of the Standing Committee of the Eighth
National People’s Congress on July 3, 1997 and revised according to the
Decision Concerning the Revision of the of China> adopted at the 12th Meeting of the Standing Committee of the Ninth
National People’s Congress on October 31, 1999)
Contents

    Chapter I     General Provisions

    Chapter II    Highway Planning

    Chapter III   Highway Construction

    Chapter IV    Highway Maintenance

    Chapter V     Highway Administration

    Chapter VI    Toll Highways

    Chapter VII   Supervision and Inspection

    Chapter VIII  Legal Responsibility

    Chapter IX    Supplementary Provisions

Chapter I  General Provisions

    Article 1  This Law is enacted with a view to enhancing highway
construction and administration, promoting the development of highways and
meeting the requirements of socialist modernization and people’s life.

    Article 2  This Law shall be applicable in engaging in highway planning,
construction, maintenance, operation, use and administration within the
territory of the People’s Republic of China.

   The highways referred to in this Law cover highway bridges, highway
tunnels and highway ferries.

    Article 3  Development of highways should follow the principle of overall planning, rational distribution, quality assurance, assurance
of unimpeded traffic, environmental protection and laying equal stress on
construction, transformation and maintenance.

    Article 4  People’s Governments at all levels should adopt strong
measures to foster and promote highway construction. Highway construction
should be integrated into the national socio-economic development plan.

    The State encourages and guides domestic and foreign economic
organizations to invest in highway construction and operations in accordance
with law.

    Article 5  The State assists and fosters national minority regions,
remote border regions and poor regions in the development of highway
construction.

    Article 6  Highways are classified as state highways, provincial highways,
county highways and village highways in accordance with their respective
status in the highway network, and are classified as expressways, grade-one
highways, grade-two highways, grade-three highways and grade-four highways
in accordance with technical grades. Specific classification standards shall
be worked out by the department of communications under the State Council.

    Construction of new highways should meet the requirements of technical
grades. Measures should be taken to gradually transform those previously
built highways outside the grades which fail to meet the requirements of the lowest technical grade into highways meeting the requirements
of technical grades.

    Article 7  Highways are under state protection. No unit or individual
shall destroy, damage or illegally occupy highways, land for highways and
ancillary facilities of highways.

    Every unit and individual have the obligation to care for highways, land
for highways and ancillary facilities of highways, have the right to report
and charge acts of destruction and damage of highways, land for highways,
ancillary facilities of highways and acts affecting highway safety.

    Article 8  The department of communications under the State Council
is in charge of the work related to highways throughout the country.

    The departments of communications of local People’s Governments above
the county level are in charge of the work related to highways within their
respective administrative areas; however, the duties and responsibilities of the departments of communications of local People’s
Governments above the
county level in the administration and supervision of state highways and
provincial highways shall be determined by the People’s Governments of the
provinces, autonomous regions and municipalities directly under the Central
Government.

    Village, national minority village and township People’s Governments
are responsibile for the construction and maintenance of village highways
within their respective administrative areas.

    The departments of communications of local People’s Governemnts above
the county level may decide that agencies of highway administration shall
perform their duties and responsibilities in highway administration in
accordance with the provisions of this Law.

    Article 9  All units and individuals shall be prohibited to establish
posts, collect toll, impose fines and intercept vehicles on highways.

    Article 10  The State encourages sci-tech research in the work related
to highways and shall give rewards to units and individuals that have
scored outstanding achievements in highway sci-tech research and applications.

    Article 11  Provisions for special-purpose highways in this Law apply to
special-purpose highways.

    Special-purpose highways mean the roads built, maintained and managed by
enterprises or other units which provide transport services exclusively or
mainly for those enterprises or units.
Chapter II  Highway Planning

    Article 12  Highway planning should be made in accordance with the
requirements of the national socio-economic development and national defense
buildup and in coordination with urban construction development planning and
development planning of other modes of communications and transport.

    Article 13  Land use planning for highway construction should be in line
with overall land use planning, and land used for construction of the year
should be integrated into annual land use plan for construction.

    Article 14  State highway planning shall be made by the department of communications under the State Council in conjunction with
the departments
concerned under the State Council and in consultation with the provinces,
autonomous regions and municipalities directly under the Central Government
along the state highways and shall be submitted to the State Council for
approval.

    Provincial highway planning shall be made by the departments of communications of the People’s Governments
of the provinces, autonomous
regions and municipalities directly under the Central Government in
conjunction with the departments concerned at the same level and in
consultation with the People’s Governments at the next lower level along
the provincial highways and shall be submitted to the People’s Governments
of the provinces, autonomous regions and municipalities under the Central
Governments for approval and submitted to the department of communications
under the State Council for the record.

    County highway planning shall be made by the departments of communications
of the People’s Governments at the county level in conjunction with the
departments concerned at the same level and shall be submitted to the
People’s Governments at the next higher level for approval upon examination
and finalization by the People’s Governments at the same level.

    Village highway planning shall be made by the village, national minority
village and township People’s Governments with the assistance of the
departments of communications of the People’s Governments at the county
level and shall be submitted to the People’s Governments at the county
level for approval.

    County highway and village highway planning approved as prescribed in
the third Paragraph and the fourth Paragraph should be submitted to the
departments of communications of the People’s Governments at the next
higher level of the approval organs for the record.

    Provincial highway planning should be in coordination with state highway
planning. County highway planning should be in coordination with provincial
highway planning. Village highway planning should be in coordination with
county highway planning.

    Article 15  Special-purpose highway planning shall be made by units
in charge of the special-purpose highways and shall be submitted to the
departments of communications of the People’s Governments above the county
level for examination and verification upon examination and finalization by
the competent departments at the next higher level.

    Special-purpose highway planning should be in coordination with highway
planning. Upon discovery of incoordination between special-purpose highway
planning and state highway, provincial highway, county highway and village
highway planning, the departments of communications of the People’s
Governments above the county level should put forth suggestions for revisions,
and the competent departments and units of the special-purpose highways
should make corresponding revisions.

    Article 16  Partial adjustments in state highway planning shall be
decided upon by the organs which originally made the plans. For state highway
planning which requires major revisions, the organs which originally made
the plans shall put forth schemes for revision to be submitted to the State
Council for approval.

    For approved provincial highway, county highway and village highway
planning that require revisions, the organs which originally made the plans
shall put forth schemes for revision to be submitted to the original approval
organs for approval.

    Article 17  Naming and numbering of state highways shall be determined
by the department of communications under the State Council; naming and
numbering of provincial highways, county highways and village highways
shall be determined by the departments of communications of the People’s
Governments of the provinces, autonomous regions and municipalities directly
under the Central Government in accordance with the relevant provisions of
the department of communications under the State Council.

    Article 18  In planning and building of new villages, townships and
development zones, the prescribed distance from the highways should be kept
and constructions should be avoided corresponding to either side of the
highways in order not to turn highways into streets and affect highway
operational safety and unimpeded traffic.

    Article 19  The State encourages the use of special-purpose highways
for public transport of society. The special-purpose highways when used
mainly for public transport of society, the competent unit of the special-
purpose highways or the sides concerned shall submit applications and the
special-purpose highway can be reclassified as provincial highway, county
highway or village highway with the consent of the competent unit of the
special-purpose highway and the approval of the department of communications
of the People’s Governments of the provinces, autonomous regions and
municipalities directly under the Central Government.
Chapter III  Highway Construction

    Article 20  Departments of communications of the People’s Governments
above the county level should, pursuant to their duties and responsibilities,
maintain order in highway construction and enhance supervision and
administration in highway construction.

    Article 21  Raising funds for highway construction may ask for loan from
domestic and foreign financial organizations according to law, besides
financial allocations from people’s governments at various level including
funds for specified item of highway construction by raise through in
accordance with law collecting taxes turned to as allocations.

    The State encourages investment by domestic and foreign economic
organizations in highway construction. Highway development and operating
companies may raise funds by issuing stocks and company bonds in accordance
with the provisions of laws and regulations.

    Revenue accrued from transfer of highway toll collection right in
accordance with the provisions of this Law must be used for highway
construction.

    Raising funds from enterprises and individuals for highway construction
must be based on requirements and possibilities, the principle of voluntarism
must be adhered to and there shall be no forcible apportionment, and must be
in line with the relevant provisions of the State Council.

    Funds for highway construction may also be raised in other ways which
are in line with the provisions of law or the State Council.

    Article 22  Highway construction should proceed in accordance with the
procedures of capital construction prescribed by the State and the relevant
provisions.

    Article 23  Highway construction projects should, pursuant to the
relevant provisions of the State, practise corporate responsibility system,
tender and bidding system and engineering supervision system.

    Article 24  Highway construction units should, in accordance with
the characteristics and technical requirements of highway construction
projects, select survey and design unit, construction unit and engineering
supervision unit with corresponding qualifications, and pursuant to the
provisions of relevant laws, rules and regulations and requirements of highway engineering technical standards, sign separate contracts
clearly
defining the rights and obligations of both sides.

    Feasibility study units, survey and design units, construction units
and engineering supervision units undertaking highway construction projects
must hold certifications of qualifications and quality prescribed by the
State.

    Article 25  Construction of highway construction projects must be
submitted to departments of communications of People’s Governments above
the county level for approval in accordance with the provisions of the
department of communications under the State Council.

    Article 26  Highway construction must conform to highway engineering
technical standards.

    Design units, construction units and engineering supervision units
undertaking highway construction projects should, pursuant to the relevant
provisions of the State, establish sound quality assurance system, practise
job responsibility system and carry out design, construction and supervision
in accordance with the relevant laws, rules and regulations as well as the
requirements of highway engineering technical standards and agreement in
the contracts to ensure the quality of highway engineering.

    Article 27  Land use for highway construction shall be processed
pursuant to the provisions of the relevant laws and regulations.

    Highway construction should implement the principle of earnestly
protecting cultivated land and economy in land use.

    Article 28  For requirements to use the state-owned barren mountains,
wasteland or requirements to dig sand, quarry and collect soil on the
state-owned barren mountains, wasteland, flood land and beach for highway
construction, when the formalities are completed pursuant to the provisions
of the relevant laws and regulations, no unit or individual shall obstruct
or illegally collect fees.

    Article 29  Local People’s Governments at all levels should render
support and assistance in highway construction land use and shifting of inhabitants according to law.

    Article 30  Design and construction of highway construction projects
should comply with the requirements for the protection of the environment,
protection of cultural relics and ancient sites and prevention of soil and
water loss in accordance with law.

    Highway construction projects in highway planning implementing national
defense requirements should carry out construction in strict accordance with
the plans to ensure the communications requirements of national defense.

    Article 31  When highway construction affects the normal use of railways,
water conservancy projects, electric and postal and telecommunications
facilities, the highway construction unit should seek the consent of the
departments concerned in advance; when highway construction causes damage
to the facilities concerned, the highway construction unit should repair
and restore the same in accordance with the technical standards not lower
than the original technical standards of the facilities, or give
corresponding financial compensation.

    Article 32  Construction units should install clear construction signs
and safety signs at either end of the construction sector of the road when
engaged in highway reconstruction. Signs should be installed at the
diversion entrance when vehicles are required to divert; temporary road
must be built to ensure the passage of vehicles and pedestrians when
impossible to divert.

    Article 33  Acceptance checks should be carried out in accordance with
the relevant provisions of the State upon completion of highway construction
projects and highway repair and restoration projects; those projects without
going through acceptance checks or those failing to pass acceptance checks
must not be handed over for use.

    Clear signs should be installed and lines marked on completed highways
in accordance with the provisions of the department of communications under
the State Council.

    Article 34  Local People’s Governments above the county level should
determine the land for highway use no less than one meter from the outer
fringe of the side trenchs(water trenches, slope-protection path at the
foot of slope, the same hereinafter) on either side of the highway.
Chapter IV  Highway Maintenance

    Article 35  Agencies of highway administration should conduct highway
maintenance in accordance with the technical specifications and operational
procedures prescribed by the department of communications under the State
Council to ensure the highways are constantly in a good technical state.

    Article 36  State adopts the measure of collecting taxes to raise funds
for maintenance of highway according to law. The specific measure of
implementation and its steps shall be stipulated by State Council.

    In accordance with law funds raised by collecting taxes for highway
maintenance must be used for specific item of maintaining and reconstructing
highway.

    Article 37  People’s Governments at the county level and the village
level should render support and assistance in sand digging, quarrying,
soil collection and water collection required for highway maintenance.

    Article 38  People’s Governments at the county level and the village
level should, within the scope of rural obligatory labor and in accordance
with the relevant provisions of the State, organize rural inhabitants on
either side of highways in fulfilling the obligations of providing services
for highway construction and maintenance.

    Article 39  To ensure the personal safety of highway maintenance
personnel, highway maintenance personnel should wear uniforms eith safety
signs on them when engaging in maintenance operations; visible operations
signs should be installed on highway operations vehicles when employing
vehicles in maintenance operations.

    Under the prerequisite of not adversely affecting the passage of passing
vehicles, highway maintenance vehicles in operation shall be subjected to
the restrictions of highway road signs and the marked lines in their route
and direction of driving; passing vehicles should pay attention to avoid
or yield to highway maintenance vehicles and personnel.

    When construction of highway maintenance project affects the passage of vehicles and pedestrians, construction
units should handle the matter in
accordance with the provisions of Article 32 of this Law.

    Article 40  Agencies of highway administration should repair and restore
in time the state highways and the provincial highways the traffic of which is
suspended due to serious natural disasters; when agencies of highway
administration find it difficult to repair and restore them in time, local
People’s Governments above the county level should organize the organs,
societies, enterprises, institutions and rural and township inhabitants
of the locality in time in emergency repair, and may request local army
units for support to resume the traffic as quickly as possible.

    Article 41  Agencies of highway administration shall be responsible for
the soil and water conservation of the slopes and wasteland within the range
of land for highway use.

    Article 42  Planting of trees along highways shall be organized and
carried out by agencies of highway administration in accordance with highway
engineering technical standards.

    Trees on land for highway use must not be felled at will; for those trees
which need to be felled for renewal, formalities for examination and approval
in accordance with the provisions of the Republic of China> should be completed upon the consent of the department
of communications of the local People’s Government above the county level
and the task of supplementary planting for renewal fulfilled.
Chapter V  Highway Administration

    Article 43  Local People’s Governments at all levels should take measures
to step up highway protection.

    Departments of communications of local People’s Governments above the
county level should conscientiously perform their duties and responsibilities,
conduct the work of highway protection successfully according to law and
strive to adopt scientific management methods and advanced technical means
to improve highway management level, gradually perfect highway services
facilities and ensure that highways are in perfect condition, safe and
unimpeded in traffic.

    Article 44  No unit or individual shall occupy and dig highways without
authorization.

    For necessities to occupy, dig highways or reroute highways because of construction of railways, airports,
power stations, telecommunications
facilities, water conservancy projects and other construction projects,
the construction units should obtain the consent of the departments of communications concerned in advance; for those affecting communications
safety, consent has also to be obtained from the public security organs
concerned. For occupation, digging of highways or rerouting of highways,
the construction units should repair, restore, reconstruct the sector of the highway according to the technical standards not lower
than the
original technical standards or give corresponding financial compensation.

    Article 45  Construction of bridges or aqueducts or erection and laying
of wires or pipes and other facilities over or across highways, as well as
erection or laying of wires or pipes and cables and other facilities should
obtain the consent of the department of communications concerned in advance,
and for those affecting communications safety, consent has also to be obtained
from the public security organ concerned; the facilities to be constructed,
erected or laid should comply with the requirements of highway engineering
technical standards. For those causing damage to highways, compensation
should be given according to the extent of the damage.

    Article 46  No unit or individual shall set up stalls or sales points,
pile up goods, dump garbage, put up obstacles, dig trenches to draw water or
use the side trenches of highways to drain sewage or engage in other
activities damaging, polluting highways and affecting unimpeded traffic of highways.

    Article 47  No sand digging, quarrying, soil collection, waste dumping,
nor explosion operations and other activities endangering the safety of highways, highway bridges, highway tunnels and highway ferries
shall be
conducted within the range of 200 meters around big- and medium-size
highway bridges and ferries, within the range of 100 meters above highway
tunnels and from tunnel entrances as well as within a certain distance
within either side of highways.

    For construction of dykes and dams, shrinkage or expansion of river beds
necessitated by rushing to deal with an emergency or flood prevention
within the range of the preceding paragraph, submission of report should be
made in advance to the departments of communications of People’s Governments
of the provinces, autonomous regions and municipalities directly under the
Central Government for approval in conjunction with the departments of water
administration, and effective measures taken to protect the security of the
highways, highway bridges, highway tunnels and highway ferries in question.

    Article 48  Except for agricultural machinery which need to drive for
a short distance on highways for local field operations, no iron-wheel
vehicles, tracked vehicles and other machinery which may dama

ANNOUNCEMENT OF THE GENERAL ADMINISTRATION OF CUSTOMS ON THE PARTIAL ADJUSTMENT OF THE EVALUATION STANDARDS FOR ENTERPRISE CLASSIFICATION

The General Administration of Customs

Announcement of the General Administration of Customs on the Partial Adjustment of the Evaluation Standards for Enterprise Classification

Announcement of the General Administration of Customs

December 20, 1999

The circular of the General Administration of Customs on the partial adjustment of the evaluation standards for enterprise classification
as of January 1, 2000 has been received. The content adjusted is announced as follows:

I.

Relevant customs shall not apply the deposit account systems for processing trade to enterprises that meet the conditions set in Article
29 of the Detailed Rules for the Implementation of the Measures of the Customs of the People’s Republic of China on Classified Enterprise
Administration.

Relevant customs shall apply the shadow deposit account system for processing trade to enterprises in the processing trade to which
A administration is applied according to Article 6 of the Measures of the Customs of the People’s Republic of China on Classified
Enterprise Administration, nor are there any deposit requirements for their import of goods under import restrictions.

The standards stipulated in the relevant documents shall be strictly observed while the evaluation of enterprises to which A administration
shall be applied being conducted. At the same time, the enterprises should be administrated dynamically. Customs shall make timely
adjustment of the administrative type upon discovery of enterprises’ involvement in the illegal practice of smuggling.

II.

The fine imposed on enterprises for their rule-violating practices shall not exceed RMB ￿￿10, 000, and shall not be entered into the
evaluation record of enterprises to which C administration is applied.

III.

If an enterprise’s rule-violating practices number two or more within one year, but still not surpassing 1￿￿f the number of declarations
it made at the Customs the year before, C administration shall still not be applied.

IV.

Unlawful practices occurring after January 1, 1999 shall be entered into the evaluation records of enterprise to which C administration
is applied.



 
The General Administration of Customs
1999-12-20

 






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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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