2007

DECREE OF THE STATE INTELLECTUAL PROPERTY OFFICE FOR ANNULLING THE FOLLOWING REGULATIONS OF THE OFFICE

The State Intellectual Property Office

Decree of the State Intellectual Property Office for Annulling the Following Regulations of the Office

Decree [2001] No. 16 of Director-General of the State Intellectual Property Office

November 28, 2001

Upon this decree, the following regulations of the office are nullified and hereby announced:

1.

Announcement No. 14 of the Patent Office of the People’s Republic of China (May 6, 1986)

2.

Regulations of the Patent Office of the People’s Republic of China for Processing Patent Applications of Compatriots from Taiwan (December
18, 1987)

3.

Supplementary Provisions of the Patent Office of the People’s Republic of China for Processing Patent Applications of Compatriots
from Taiwan (April 19, 1989)

4.

Patent Application Fee Standards (January 19, 1985)

5.

Supplementary Provisions on Patent Application Fees (February 5, 1986)

6.

Measures on Patent Application Fee Reduction or Deferment (August 18, 1992)

7.

Supplementary Provisions on Patent Application Fee Reduction or Deferment (October 10, 1992)

8.

Regulations of the Patent Office of the People’s Republic of China on Administrative Review Procedures (Trial) (December 29, 1991)



 
The State Intellectual Property Office
2001-11-28

 







AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REUBLIC OF CHINA AND THE GOVERNMENT OF THE UNION OF MYANMAR ON THE PROMOTION AND PROTECTION OF INVESTMENTS

AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REUBLIC OF CHINA AND THE GOVERNMENT OF THE UNION OF MYANMAR ON THE PROMOTION AND
PROTECTION OF INVESTMENTS

The Government of the People’s Republic of China and the Government of the Union of Myanmar (hereinafter referred to as the Contracting
Parties),

Intending to create favorable conditions for investment by investors of one Contracting Party in the territory of the other Contracting
Party;

Recognizing that the reciprocal encouragement, promotion and protection of such investment will be conducive to stimulating business
initiative of the investors and will increase prosperity in both States;

Desiring to intensify the cooperation of both States on the basis of equality and mutual benefits;

Have agreed as follows:

Article 1

DEFINITIONS

For the purpose of this Agreement,

1.

The term “investment” means every kind of asset invested by investors of one Contracting Party in accordance with the laws and regulations
of the other Contracting party in the territory of the latter, and in particularly, though not exclusively, includes:

(a)

movable and immovable property and other property rights such as mortgages and pledges;

(b)

shares, debentures, stock and any other kind of participation in companies;

(c)

claims to money or to any other performance having an economic value associated with an investment;

(d)

intellectual property rights, in particularly copyrights, patents, trade-marks, trade-names, technical process, know-how and good-will;

(e)

business concessions conferred by law or under contract permitted by law, including concessions to search for, cultivate, extract
or exploit natural resources.

Any change in the form in which assets are invested does not affect their character as investments.

2.

The term “investor” means,

(a)

natural persons who have nationality of either Contracting Party in accordance with the laws of that Contracting Party;

(b)

economic entities, including companies, associations, partnerships and other organizations, incorporated or constituted under the
laws and regulations of either Contracting Party and have their seats in that Contracting Party.

3.

The term “return” means the amounts yielded from investments, including profits, dividends, interests, capital gains, royalties and
other legitimate income.

Article 2

PROMOTION AND PROTECTION OF INVESTMENT

1.

Each Contracting Party shall encourage investors of the other Contracting Party to make investments in its territory and admit such
investments in accordance with its laws and regulations.

2.

Investments of the investors of either Contracting Party shall enjoy the constant protection and security in the territory of the
other Contracting Party.

3.

Without prejudice to its laws and regulations, neither Contracting Party shall take any unreasonable or discriminatory measures against
the management, maintenance, use, enjoyment and disposal of the investments by the investors of the other Contracting Party.

4.

Subject to its laws and regulations, one Contracting Party shall provide assistance in and facilities for obtaining visas and working
permit to nationals of the other Contracting Party engaging in activities associated with investments made in the territory of that
Contracting Party.

Article 3

TREATMENT OF INVESTMENT

1.

Investments of investors of each Contracting Party shall all the time be accorded fair and equitable treatment in the territory of
the other Contracting Party.

2.

Without prejudice to its laws and regulations, each Contracting Party shall accord to investments and activities associated with such
investments by the investors of the other Contracting Party treatment not less favorable than that accorded to the investments and
associated activities by its own investors.

3.

Neither Contracting Party shall subject investments and activities associated with such investments by the investors of the other
Contracting Party to treatment less favorable than that accorded to the investments and associated activities by the investors of
any third State.

4.

The provisions of Paragraphs 1 to 3 of this Article shall not be construed so as to oblige one Contracting Party to extend to the
investors of the other Contracting Party the benefit of any treatment, preference or privilege by virtue of:

(a)

any customs union, free trade zone, economic union and any international agreement resulting in such customs union, free trade zone,
economic union;

(b)

any international agreement or arrangement relating wholly or mainly to taxation;

Article 4

EXPROPRIATION

1.

Neither Contracting Party shall expropriate, nationalize or take other similar measures (hereinafter referred to as “expropriation”)
against the investments of the investors of the other Contracting Party in its territory, unless the following conditions are met:

(a)

for the public interests;

(b)

under domestic legal procedure;

(c)

without discrimination;

(d)

against compensation

2.

The compensation mentioned in Paragraph 1 of this Article shall be equivalent to the value of the expropriated investments immediately
before the expropriation is taken or the impending expropriation becomes public knowledge, which is earlier. The value shall be determined
in accordance with generally recognized principles of valuation. The compensation shall include interest at a normal commercial rate
from the date of expropriation until the date of payment. The compensation shall also be made without delay, be effectively realizable
and freely transferable.

Article 5

COMPENSATION FOR DAMAGES AND LOSSES

Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war, a
state of national emergency, insurrection, riot or other similar events in the territory of the latter Contracting Party, shall be
accorded by the latter Contracting Party treatment, as regards restitution, indemnification, compensation and other settlements no
less favorable than that accorded to the investors of its own or any third State

Article 6

REPATRIATION OF INVESTMENTS AND RETURNS

1.

Each Contracting Party shall, subject to its laws and regulations, guarantee to the investors of the other Contracting Party the transfer
of their investments and returns held in its territory, including:

(a)

profits, dividends, interests and other legitimate income;

(b)

proceeds obtained from the total or partial sale or liquidation of investments;

(c)

payments pursuant to a loan agreement in connection with investments;

(d)

royalties in relation to the matters in Paragraph 1 (d) of Article 1 ;

(e)

payments of technical assistance or technical service fee, management fee;

(f)

payments in connection with contracting projects;

(g)

earnings of nationals of the other Contracting Party who work in connection with an investment in its territory.

2.

Nothing in Paragraph 1 of this Article shall affect the free transfer of compensation paid under Article 4 of this Agreement.

3.

The transfer mentioned above shall be made in a freely convertible currency and at the prevailing market rate of exchange applicable
within the Contracting Party accepting the investments and on the date of transfer.

Article 7

SUBROGATION

If one Contracting Party or its designated agency makes a payment to its investor under an indemnity given in respect of an investment
made in the territory of the other Contracting Party, the latter Contracting Party shall recognize the assignment of all the rights
and claims of the indemnified investor to the former Contracting Party or its designated agency, by law or by legal transactions,
and the right of the former Contracting Party or its designated agency to exercise by virtue of subrogation any such right to same
extent as the investor.

Article 8

SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES

1.

Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible,
be settled with consultation through diplomatic channel.

2.

If a dispute cannot thus be settled within six months, it shall, upon the request of either Contracting Party, be submitted to an
ad hoc arbitral tribunal.

3.

Such tribunal comprises of three arbitrators. Within two months of the receipt of the written notice requesting arbitration, each
Contracting Party shall appoint one arbitrator. Those two arbitrators shall, within further two months, together select a national
of a third State having diplomatic relations with both Contracting Parties as Chairman of the arbitral tribunal.

4.

If the arbitral tribunal has not been constituted within four months from the receipt of the written notice requesting arbitration,
either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to
make any necessary appointments. If the President is a national of either Contracting Party or is otherwise prevented from discharging
the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Contracting
Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments.

5.

The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions
of this Agreement and the principles of international law recognized by both Contracting Parties.

6.

The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Contracting Parties.
The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.

7.

Each Contracting Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant
costs of the Chairman and tribunal shall be borne in equal parts by the Contracting Parties.

Article 9

SETTLEMENT OF DISPUTES BETWEEN INVESTORS AND ONE CONTRCTING PARTY

1.

Any legal dispute between an investor of one Contracting Party and the other Contracting Party in connection with an investment in
the territory of the other Contracting Party shall, as far as possible, be settled amicably through negotiations between the parties
to the dispute.

2.

If the dispute cannot be settled through negotiations within six months, the investor of one Contracting Party may submit the dispute
to the competent court of the other Contracting Party.

3.

Any dispute, if unable to be settled within six months after resort to negotiations as specified in Paragraph 1 of this Article, shall
be submitted at the request of either party to:

(a)

International Center for Settlement of Investment Disputes (ICSID) under the Convention on the Settlement of Disputes between States
and Nationals of Other States, done at Washington on March 18,1965;or

(b)

an ad hoc arbitral tribunal

provided that the Contracting Party involved in the dispute may require the investor concerned to exhaust the domestic administrative
review procedure specified by the laws and regulations of that Contracting Party before submission of the dispute the above-mentioned
arbitration procedure.

However, if the investor concerned has resorted to the procedure specified in Paragraph 2 of this Article, the provisions of this
Paragraph shall not apply.

4.

Without prejudice to Paragraph 3 of this Article, the ad hoc arbitral tribunal referred to in Paragraph 3 (b) shall be constituted
for each individual case in the following way: each party to the dispute shall appoint one arbitrator, and these two shall select
a national of a third State which has diplomatic relations with both Contracting Parties as the Chairman. The first two arbitrators
shall be appointed within two months of the written notice requesting for arbitration by either party to the dispute to the other
and the Chairman shall be selected within four months. If, within the period specified above, the tribunal has not been constituted,
either party to the dispute may invite the Secretary General of the International Center for Settlement of Investment Disputes to
make the necessary appointments.

5.

The ad hoc arbitral tribunal shall determine its own procedure. However, the tribunal may, in the course of determination of procedure,
take as guidance the Arbitration Rules of the International Center for Settlement of Investment Disputes.

6.

The tribunal referred to in Paragraph 3(a) and (b) of this Article shall reach its award by a majority of votes. Such award shall
be final and binding upon both parties to the dispute. Both Contracting Parties shall commit themselves to the enforcement of the
award.

7.

The tribunal referred or in Paragraph 3 (a) and (b) of this Article shall adjudicate in accordance with the law of the Contracting
Party to the dispute including its rules on the conflict of laws, the provisions of this Agreement as well as the applicable principles
of international law.

8.

Each party to the dispute shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The
relevant costs of the Chairman and tribunal shall be borne in equal parts by the parties to the dispute. The tribunal may in its
award direct that higher proportion of the costs be borne by one of the parties to the dispute.

Article 10

OTHER OBLIGATIONS

1.

If the legislation of either Contracting party or international obligations existing at present or established hereafter between the
Contracting Parties result in a position entitling investments by investors of the other Contracting Party to a treatment more favorable
than is provided for by the Agreement, such position shall not be affected by this Agreement.

2.

Each Contracting Party shall observe any commitments it may have entered into with the investors of the other Contracting Party as
regards to their investments.

Article 11

APPLICATION

This Agreement shall apply to investment, which are made prior to or after its entry into force by investors of either Contracting
Party in accordance with the laws and regulations of the other Contracting Party in the territory of the latter, but not apply to
the dispute arose before the entry into force of this Agreement.

Article 12

RELATIONS BETWEEN CONTRACTING PARTIES

The provisions of the present Agreement shall apply irrespective of the existence of diplomatic or consular relations between the
Contracting Parties.

Article 13

CONSULTATIONS

1.

The representatives of the Contracting Parties shall hold meetings from time to time for the purpose of:

(a)

reviewing the implementation of this Agreement;

(b)

exchanging legal information and investment opportunities;

(c)

resolving disputes arising out of investments;

(d)

forwarding proposals on promotion of investment;

(e)

studying other issues in connection with investment.

2.

Where either Contracting Party requests consultation on any matter of Paragraph 1 of this Article, the other Contracting Party shall
give prompt response and the consultation be held alternatively in Beijing and Yangon.

Article 14

ENTRY INTO FORCE, DURATION AND TERMINATION

1.

This Agreement shall enter into force on the first day of the following month after the date on which both Contracting Parties have
notified each other in writing that their respective internal legal procedures necessary therefore have been fulfilled and remain
in force for a period of ten years.

2.

This Agreement shall continue on force if either Contracting Party fails to give a written notice to the other Contracting Party to
terminate this Agreement one year before the expiration of the period specified in Paragraph 1 of this Article.

3.

After the expiration of initial ten years period, either Contracting Party may at any time thereafter terminate this Agreement by
giving at least one year’s written notice to the other Contracting Party.

4.

With respect to investments made prior to the date of termination of this Agreement, the provisions of Article 1 to 13 shall continue
to be effective for a further period of ten years from such date of termination.

In Witness Whereof the undersigned, duly authorized thereto by respective Governments, have signed this Agreement.

Done in duplicate in Yangon on December 12th, 2001 in the Chinese, Myanmar and English languages, all texts being equally authentic.
In case of divergent interpretation, the English text shall prevail.

FOR AND ON BEHALF OF￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿FOR AND ON BEHALF OF

THE GOVERNMENT OF￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿THE GOVERNMENT OF

THE PEOPLE’S REPUBLIC OF￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ THE UNION OF

CHIAN￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ ￿￿MYANMAR



 
The Government of the People’s Republic of China
2001-12-12

 







PROVISIONS ON RESPONDING TO ACTIONS OF ANTIDUMPING OF EXPORT PRODUCTS

e011952001101120011201The Ministry of Foreign Trade and Economic CooperationOrder of the Ministry of Foreign Economic Relations and Trade of the People’s Republic of ChinaNo.5The Provisions on Responding to Actions of Antidumping of Export Products are hereby promulgated and shall enter into force on December
1, 2001.
Minister of the Ministry of Foreign Trade and Economic Cooperation: Shi Guangsheng October 11, 2001epdf/e00934.pdfP41export, product, anti-dumping, respond to actione00934Provisions on Responding to Actions of Antidumping of Export ProductsChapter 1 General ProvisionsArticle 1 In order to normalize the work of responding to actions of antidumping of export products, these Provisions are formulated according
to the Law of the People’s Republic of China on Foreign Trade and other laws and regulations.
Article 2 These regulations shall apply to the early caution, action responding and review of antidumping investigation of export products,
etc.
Article 3 Upon the antidumping investigation of Chinese export products, all the enterprises involved in the case that, during the period of
investigation, produce and export the products involved to the country or region making the investigation shall actively respond
to the action, so as to safeguard the overseas market of export products of our country and to protect the legal rights and interests
of themselves.
Article 4 The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as MOFTEC) shall be responsible for normalizing and
directing the work of responding to the actions of antidumping of export products nationwide. The departments in charge of foreign
trade and economic cooperation, import and export chambers of commerce, associations of enterprises with foreign investment of the
relevant localities shall, according to their functions and duties, organize and coordinate the specific work of responding to antidumping
actions.
Chapter 2 Units Organizing and Coordinating the Action Responding and Their ResponsibilitiesArticle 5 The MOFTEC shall entrust various import and export chambers of commerce and associations of enterprises with foreign investment (hereinafter
referred to as the units organizing action responding) to be responsible for the specific work of organizing and coordinating enterprises
to respond to antidumping actions.The MOFTEC may, according to the specific circumstances of the cases, entrust other organizations or agencies that the local departments
in charge of foreign trade and economic cooperation or the MOFTEC thinks appropriate to organize and coordinate the work of action
responding as the units organizing action responding.The duties of the units organizing action responding shall include:
1)allying with the relevant industry associations to organize action responding according to the specific circumstances of the cases;2)organizing the enterprises to retain lawyers and to participate in the hearings held by foreign investigation departments;3)assisting the enterprises in filling out the investigation questionnaires;4)assisting the enterprises in defense on the issues such as the substitute country, economic status on the market and separate adjudication;5)assisting the enterprises in accepting the on-spot check by foreign investigation departments;6)assisting the enterprises in conducting negotiations on price assuming agreements or discontinuing agreements; when it is required
to sign the “price assuming agreement” or the “discontinuing agreement” in the name of the government, or it is required that the
government guarantee or oversee the execution of the “price assuming agreement” or the “discontinuing agreement”, the units organizing
action responding shall report to the MOFTEC and shall put forward the schemes;
7)making suggestions to the MOFTEC on the implementation of the principle of “who responds to the action who benefits from it”;8)being responsible for the archiving of documents and materials relating to the antidumping actions;9)following, analyzing the changing situation of the export of the products against which the antidumping action is filed, reporting
to the departments in charge of foreign trade and economic cooperation promptly and proposing the corresponding countermeasures and
suggestions at the same time; and
10)studying and deducing, and holding seminars on the problems such as the policies, laws, etc, encountered in the work of export antidumping,
so as to improve the sense of action responding of the member enterprises continuously.
Article 6 The implementation methods and measures for the principle of “who responds to the action who benefits from it” shall be separately
formulated by the MOFTEC.
Article 7 The units organizing action responding shall establish the statistic supervision system of export products, circulating information
to the relevant enterprises and government departments from time to time and doing a good job in the early caution of antidumping
investigation of our products by foreign countries.
Article 8 The units organizing action responding shall, according to the situation of the antidumping investigation cases, promptly promulgate,
in fixed or unfixed intervals, the cases of annual review and final review that will become due in that year on the International
Business Daily and the International Trade and Economic News.
Article 9 A unit organizing action responding shall do a good job of archiving the antidumping cases and shall submit the summary report of
action responding and the suggestions on the relevant follow-up works to the MOFTEC within 30 workdays after the end of the investigation
of each antidumping case in which the action responding is organized by it.
Chapter 3 Procedures for Action RespondingArticle 10 A unit organizing action responding shall, after receiving the information that a case of antidumping investigation has been put on
file, immediately notify the enterprises involved in the case that have been known by it, promulgate a notification on the International
Business Daily and the International Trade and Economic News within 3 workdays and notify the departments in charge of foreign trade
and economic cooperation of the places where the enterprises are located.
Article 11 A unit organizing action responding shall promptly hold meetings to coordinate the action responding of antidumping cases, circulate
the basic information of the cases, introduce the investigation procedures of antidumping cases of the country conducting the investigation,
introduce the basic information of the law firms taking part in the competitive retaining and organize the competitive retaining,
collect the information about the production and export status of the enterprises and initially draw up the responding strategies.
Article 12 The enterprises involved in the case shall collect and arrange the data about the products involved during the period of investigation,
such as the costs, the total amount of production, the domestic marketing prices, the prices and amount of export to the country
conducting the investigation.
Article 13 The enterprises involved in the case shall retain lawyers to act as their agents to respond to the action under the uniform coordination
of the unit organizing the action responding.
Article 14 The units organizing action responding shall abide by the principles of openness, justice and transparency when organizing the selection
of lawyers.
Article 15 Lawyers taking part in the competitive retaining shall meet the following requirements:1)understanding the economic operation mechanism of China, and having experiences in acting as an agent of Chinese enterprise to respond
to antidumping investigation;
2)having legal knowledge and practice experience of antidumping cases, and having good professional ethics and professional dedication;3)having not acted as the agent of the manufacturer of the country or region conducting the investigation to plea for antidumping investigation
against Chinese products within 3 years before the case is put on file; and
4)having the ability to render the relevant services needed by the enterprises involved in the case.Article 16 The enterprises responding to the action shall, if possible, retain the law firms to respond to the action uniformly.Article 17 If the enterprises responding to the action select and retain two or more law firms to act as their agents to respond to the same
case, the unit organizing action responding shall strengthen the coordination of the work of the law firms in the aspects such as
organizing the enterprises to answer the investigation questionnaires, carrying out the on-spot check, providing defense materials
on industry damages, etc.
Article 18 When selecting and retaining lawyers for the following cases, the units organizing action responding and the enterprises responding
to the action shall seek opinions of the MOFTEC in advance:
1)the export sum of the products involved in the case during the period of investigation is more than 50,000,000 US dollars;2)the products involved in the case are influential to the export industry of China, such as the traditional staple products, the highly
competitive products, and the products of which the export market is sole;
3)coordination is needed because a large number of enterprises are involved in the case or the situation of the case is complicated;
and
4)cases that the MOFTEC regards necessary to coordinate uniformly.Article 19 After the enterprises responding to the action sign written retaining agreements with the lawyers retained, the unit organizing action
responding shall notify the MOFTEC of the information of the lawyers retained.
Article 20 A unit organizing action responding shall cooperate with the lawyers retained closely, follow up the development of the case, and
report to the MOFTEC and the economic and business counselor departments (offices) of the embassy and consulate of China stationed
in the country or region conducting the investigation.
Article 21 A unit organizing action responding may organize the enterprises responding to the action to participate in the hearings of antidumping
investigation held abroad or to conduct case negotiations.
Article 22 A unit organizing action responding shall report to the MOFTEC for approval if it wishes to organize the enterprises to participate
in the hearings. The documents submitted for approval shall include the following contents:
1)basic information of the case;2)work schemes;3)specific time and place of the hearing;4)composition of the members that are going to participate in the hearing and the estimated time they will stay abroad; and5)copy of invitation letter from the foreign country.Article 23 A unit organizing action responding shall, within 3 workdays after being approved to participate in the hearing of antidumping case
held abroad, notify the embassy and consulate of China stationed in the country or region conducting the investigation of it. The
unit organizing action responding shall invite the officers of the embassy and consulate of China stationed in the country or region
conducting the investigation to participate in the hearing, and shall accept the direction of the embassy and consulate and report
the work development during the period of the hearing. And it shall report to the embassy, consulate and the MOFTEC if any major
problem arises.
Article 24 A unit organizing action responding shall, within 10 workdays after returning back to China from the hearing, submit the summary report
and the next-step work scheme to the MOFTEC.
Chapter 4 Government Directions on the Work of Antidumping Action RespondingArticle 25 The functions and duties of the MOFTEC in the antidumping action responding are as follows:1)studying the cases having significant impact on the whole nation, and drafting the guidelines, policies and measures for the action
responding;
2)negotiating with the government of the country or region conducting the investigation on foreign discriminatory policies and practices;3)being responsible for establishing and improving the early caution mechanism of antidumping case, planning and coordinating the cases
uniformly, and carrying out separate negotiation of each case;
4)being responsible for coordinating with the relevant ministries and their industrial associations in the process of antidumping action
responding;
5)drawing up means for protecting export order and strengthening export administration, studying and determining the punishment measures
for acts of low-price export;
6)implementing the measures relating to the principle of “who responds to the action who benefits from it” according to the relevant
provisions; and
7)other matters.Article 26 The functions and duties of the economic and business counselor departments (offices) of the embassies and consulates stationed abroad
are as follows:
1)promptly collecting the information of the formulation and amendment of laws and regulations on antidumping against China by foreign
countries;
2)paying close attention to the development of antidumping cases against China by foreign counties that might newly happen, and promptly
notify the MOFTEC and the relevant units organizing action responding of it;
3)promptly collecting the information of the investigation and adjudication of the antidumping cases involving China;4)assisting the lawyers retained in the country or region conducting the investigation in their defense work; and5)directing the work of the unit organizing action responding who participates in the hearing held in the country or region conducting
the investigation and providing the necessary services.
Article 27 The departments in charge of foreign trade and economic cooperation of the localities shall assign special agencies and personnel
to be responsible for the work of antidumping action responding, the specific functions and duties of the special agencies and personnel
are as follows:
1)cooperating with the import and export chambers of commerce and associations in their work of organizing antidumping action responding,
especially, mobilize the enterprises involved in the case of their respective localities to respond to the action actively;
2)exercising the functions and duties of the unit organizing action responding after accepting the entrustment of the MOFTEC;3)doing a good job in the early caution of antidumping of export products within the areas under their administration;4)doing a good job in the statistics of the antidumping cases of the enterprises of their respective localities and the analysis of
the impact on the export trade of their respective localities; and
5)publicizing and spreading the knowledge of antidumping to the enterprises of their respective localities, and organizing the enterprises
to exchange their experiences in antidumping action responding so as to improve the quality of action responding.
Chapter 5 Supplementary ProvisionsArticle 28 These Provisions shall be referred to in the action responding of the investigation cases such as anti-subsidy investigation, market
disturbing investigation, guarantee measures investigation conducted to the products of China by foreign countries.
Article 29 The power to interpret these Provisions shall remain with the MOFTEC.Article 30 These Provisions shall come into force on the day of promulgation.The Provisions on Responding to Actions of Antidumping against Chinese Export Products Occurring Abroad (Decree [1994] No.1 of the
Ministry of Foreign Trade and Economic Cooperation), the Several Provisions on Import and Export Chambers of Commerce and Enterprises
with Foreign Investment Associations Organizing Groups to Participating in Hearings of Antidumping Action Held Abroad (FaFa [1995]
No.223 of the Ministry of Foreign Trade and Economic Cooperation), and the Interim Provisions on Retaining Lawyers in the Actions
of Export Antidumping (FaFa [1995] No.380 of the Ministry of Foreign Trade and Economic Cooperation) shall be nullified simultaneously.



 
The Ministry of Foreign Trade and Economic Cooperation
2001-10-11

 







AMENDMENT TO THE CRIMINAL LAW OF THE PEOPLE’S REPUBLIC OF CHINA (II)

e03901

the Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No. 56

The Amendment to the Criminal Law of the People’s Republic of China (II), which was adopted at the Twenty-third Meeting of the Standing
Committee of the Ninth National People’s Congress of the People’s Republic of China on August 31, 2001, is promulgated hereby and
shall come into force as of the date of its promulgation.

the President of the People’s Republic of China Jiang Zemin

August 31, 2001

Amendment to the Criminal Law of the People’s Republic of China (II)

In order to punish the crime of reclaiming land by destroying forest and the crime of recklessly occupying or arbitrarily using forested
land, and to earnestly protect the forest resource, Article 342 of the Criminal Law is amended to be the following one.

“Whoever, in violation of the regulations on land administration, unlawfully occupies cultivated land, forestland or other land used
for agriculture, and change the use of the occupied land, if the area involved is relatively large and a large area of such land
is damaged, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall
only be fined.”

This Amendment shall come into force as of the date of its promulgation.



 
the Standing Committee of the National People’s Congress
2001-08-31

 







AGREEMENT BETWEENT THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE ON THE PROMOTION AND RECIPROCAL PROTECTION OF INVESTMENTS

AGREEMENT BETWEENT THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE ON THE PROMOTION
AND RECIPROCAL PROTECTION OF INVESTMENTS

The Government of the People’s Republic of China and the Government of the Republic of Mozambique (hereinafter referred to as the
“Contracting Parties”);

Desiring to create favorable conditions for greater flow of investments made by investors of one Contracting Party in the territory
of the other Contracting Party; and

Recognizing that the encouragement and reciprocal protection of such investments will stimulate the development of business initiatives
and will increase prosperity in the territories of both Countries;

Have agreed as follows:

Article 1

Definitions

1.

In this Agreement,

(a)

“investment” means every kind of asset invested according to the laws and regulations of the Contracting Party in whose territory
the respective business undertaking is made, and in particular, though not exclusively, includes:

(i)movable and immovable property as well as other rights in rem such as mortgages, liens or pledges;

(ii)shares, debentures, stock and any other form of participation in a company;

(iii)claims to money, or to any performance having an economic value associated with an investment;

(iv)industrial and intellectual property rights, in particular copyrights, patents, trade-marks, trade-names, business secrets, technical
processes, know-how, and goodwill;

(v)business concessions conferred by law or under contract permitted by law, including concessions to search for, cultivate, extract
or exploit natural resources.

(b)

“returns” means the amount yielded by an investment and in particular, though not exclusively, profit, interest, capital gains, dividends,
royalties and other legitimate income;

(c)

“investors” means in respect to either Contracting Party;

(i)natural persons who have nationality of either Contracting Party in accordance with the laws of that Contracting Party;

(ii)economic entities, including companies, corporations, associations, partnerships and other organizations, incorporated and constituted
under the laws and regulations of either Contracting Party and domiciled in that Contracting Party, irrespective of whether or not
for profit and whether their liabilities are limited or not.

2.

Any change in the form in which assets are or have been invested does not affect their character as investments for the purposes of
this Agreement.

Article 2

Promotion and Protection of Investment

1.

Each Contracting Party shall encourage investors of the other Contracting Party to make investments in its territory and admit such
investments in accordance with its laws and regulations.

2.

Investments of the investors of either Contracting Party shall enjoy the constant protection and security in the territory of the
other Contracting Party.

3.

Without prejudice to its laws and regulations, neither Contracting Party shall take any unreasonable or discriminatory measures against
the management, maintenance, use, enjoyment and disposal of the investments by the investors of the other Contracting Party.

4.

Subject to its laws and regulations, one Contracting Party shall provide assistance in and facilities for obtaining visas and working
permit to nationals of the other Contracting Party engaged in activities associated with investments made in the territory of that
Contracting Party.

Article 3

Treatment of Investments

1.

Investments and returns of investors of either Contracting Party shall at all times be accorded fair and equitable treatment.

2.

Without prejudice to its laws and regulations, each Contracting Party shall accord to investments and returns from such investments
by the investors of the other Contracting Party treatment not less favourable than that it accords to the investments and returns
of its own investors.

3.

Neither Contracting Party shall subject investments and returns from such investments by the investors of the other Contracting Party
to treatment less favourable than that it accords to the investments and returns of the investors of any third State.

4.

The provisions of Paragraph 2 and Paragraph 3 shall not be construed so as to oblige either Contracting Party to extend to the investors
of the other Contracting Party the benefit of any treatment, preference or privilege resulting from:

(a)

any customs union, free trade area, common market or any similar international agreement or interim arrangement leading up to such
customs union, free trade area or common market of which either the Contracting Party is a member;

(b)

any international agreement or arrangement relating wholly or mainly to the taxation or any domestic legislation relating wholly or
mainly to taxation;

(c)

any international agreement or arrangement for facilitating frontier trade.

Article 4

Expropriation

1.

Investments of investors of either Contracting Party in the territory of the other Contracting Party shall not be nationalized, expropriated
or subjected to measures having effects equivalent to nationalization or expropriation except for public purposes, under domestic
legal procedures, on a non-discriminatory basis and against compensation. Such compensation shall be equal at least to the market
value of the investment expropriated immediately before the expropriation became public knowledge. The compensation shall include
interest at a normal market rate until the date of payment, be made without delay, and be effectively realizable.

2.

The investor affected by the expropriation shall have a right, under the law of the expropriating Contracting Party to prompt review,
by a court of law or other independent and impartial forum of that the investment in accordance with the principle referred to in
Paragraph 1.

Article 5

Compensation for Losses

1.

Investors of either Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war
or other armed conflict, revolution, a state of national emergency, revolt insurrection or riot in the territory of the latter Contracting
Party shall be accorded by the latter Contracting Party treatment, as regards restitution, indemnification, compensation or other
settlement, not less favorable than that which the latter Contracting Party accords to its own investors or investors of any third
State.

2.

Without derogating from the provisions of Paragraph 1 of this Article, investors of one Contracting Party who, in any of the situations
referred to in that paragraph, suffer losses in the territory of the other Contracting Party resulting from:

(a)

requisitioning of their property by the forces or authorities of the latter Contracting Party, acting under and within the scope of
the legal provisions relating to their competencies, duties and command structures; or

(b)

destruction of their property by the forces or authorities of the latter Contracting Party, which was not caused in combat action
or was not required by the necessity of the situation or observance of any legal requirement;

shall be accorded restitution or compensation, not less favorable than that such latter Contracting Party accords to its own investors
or to investors of any third State.

Article 6

Transfer of Investment and Returns

1.

Each Contracting Party shall, subject to its laws and regulations, guarantee to the investors of the other Contracting Party the transfer
of their investments and returns held in its territory, including:

(a)

profits, dividends, interests and other legitimate income;

(b)

proceeds obtained from the total or partial sale or liquidation of investments;

(c)

payments pursuant to a loan agreement in connection with investments;

(d)

royalties in relation to the matters in Paragraph 1 (a).(iv) of Article 1 ;

(e)

payments of technical assistance or technical service fee, management fee;

(f)

payments in connection with contracting projects;

(g)

earnings of nationals of the other Contracting Party who work in connection with an investment in its territory.

2.

Nothing in Paragraph 1 of this Article shall affect the free transfer of compensation paid under Article 4 and 5 of this Agreement.

3.

The transfer mentioned above shall be made in freely convertible currency and at the prevailing market rate of exchange applicable
within the Contracting Party accepting the investments and on the date of transfer.

Article 7

Settlement of Disputes

Between An Investor and A Contracting Party

1.

Any legal dispute between an investor of one Contracting Party and the other Contracting Party in connection with an investment in
the territory of the other Contracting Party shall, as far as possible, be settled amicably through negotiations between the parties
to the dispute.

2.

If the dispute cannot be settled through negotiations within six months, either Party to the dispute shall be enpost_titled to submit the
dispute to the competent court of the Contracting Party accepting the investment.

3.

Any dispute, if unable to settled within six months after resort to negotiations as specified in Paragraph 1 of this Article, shall
be submitted at the request of either Party to

(a)

International Center for Settlement of Investment Disputes (ICSID) under the Convention on the Settlement of Disputes between States
and Nationals of Other States, done at Washington on March 18,1965;or

(b)

an ad hoc arbitral tribunal

Provided that the Contracting Party involved in the dispute may require the investor concerned to exhaust the domestic administrative
review procedure specified by the laws and regulations of that Contracting Party before submission of the dispute the aforementioned
arbitration procedure.

However, if the investor concerned has resorted to the procedure specified in Paragraph 2 of this Article, the provisions of this
Paragraph shall not apply.

4.

Without prejudice to Paragraph 3 of this Article, the ad hoc arbitral tribunal referred to in Paragraph 3.(b) shall be constituted
for each individual case in the following way: Each Party to the dispute shall appoint one arbitrator, and these two shall select
a national of a third State which has diplomatic relations with both Contacting Parties as the Chairman. The first two arbitrators
shall be appointed within two months from the date either Party to the dispute noticing the other Party the request of arbitration
in written and the Chairman shall be selected within four months. If, within the period specified above, the tribunal has not been
constituted, either Party to the dispute may invite the Secretary General of the International Center for Settlement of Investment
Disputes to make the necessary appointments.

5.

The ad hoc arbitral tribunal shall determine its own procedure. However, the tribunal may, in the course of determination of procedure,
take as guidance the Arbitration Rules of the International Center for Settlement of Investment Disputes.

6.

The tribunal referred to in Paragraph 3 (a) and (b) of this Article shall reach its award by a majority of votes. Such award shall
be final and binding upon both parties to the dispute. Both Contracting parties shall commit themselves to the enforcement of the
award.

7.

The tribunal referred to in Paragraph 3(a) and (b) of this Article shall adjudicate in accordance with the law of the Contracting
Party to the dispute accepting the investment including its rules on the conflict of laws, the provisions of this Agreement as well
as the applicable principles of international law.

8.

Each Party to the dispute shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The
relevant costs of the Chairman and tribunal shall be borne in equal parts by the parties to the dispute.

Article 8

Dispute between the Contracting Parties

1.

Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be
settled through negotiations between the governments of the two Contracting Parties.

2.

If the dispute cannot thus be settled within a period of six months, following the date on which such negotiations were requested
by either Contracting Party, it may upon the request of either Contracting Party be submitted to an ad hoc arbitral tribunal.

3.

Such an arbitral tribunal shall be constituted for each individual case in the following way: within two months from the receipt of
the request for arbitration, each Contracting Party shall appoint one member for the tribunal. Those two members shall then select
a national of a third State who, upon approval by the two Contracting parties, shall be appointed as Chairman of the tribunal. The
Chairman shall be appointed within two months from the date of appointment of the other two members.

4.

If within the periods specified in Paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party
may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments.
If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the
Vice-President is a national of either the Contracting Party or if he too is prevented from discharging the said function, the member
of the International Court of Justice next in seniority who is not a national of either Contracting Party and not prevented from
discharging such functions shall be invited to make the necessary appointments.

5.

The arbitral tribunal shall reach each decision by a majority of votes. Such decision shall be binding on both Contracting Parties.
Each Contracting Party shall bear the cost of its own member to the tribunal and of its representation in the arbitral proceedings.
The cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however,
in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and its award shall
be binding on, and executed by, both Contracting Parties. The tribunal shall determine its own procedure.

Article 9

Subrogation

If one Contracting Party or its designated agency makes a payment to its investor under an indemnity given in respect of an investment
made in the territory of the other Contracting Party, the latter Contracting Party shall recognise the assignment of all the rights
and claims of the indemnified investor to the former Contracting Party or its designated agency, by law or by legal transactions,
and that the former Contracting Party or its designated agency is enpost_titled to exercise by virtue of subrogation any such right to
the same extent as the investor indemnified.

Article 10

Application of Other Rules

1.

If the provisions of the law of either Contracting Party or obligations under international law existing at present or established
hereafter between the Contracting Parties, in addition to the present Agreement, contain rules, whether general or specific, entitling
investments and returns of investor’s of the other Contacting Party to treatment more favourable than that provided for by the present
Agreement, such rules shall, to the extent that they are more favourable, prevail over the present Agreement.

2.

Each Contracting Party shall, however, honor any obligation it may have entered into with regard to investments of investors of the
other Contracting Party.

Article 11

Scope of Agreement

This Agreement shall apply:

1.

In the case of People’s Republic of China, to all investments made whether before or after the entry into force of this Agreement;
and

2.

In the case of the Republic of Mozambique, to all investments made whether before or after the entry into force of this Agreement
in conformity with the law n￿￿84, of the 18th of August, 1984, or under the investment law n￿￿93 of the 24th of June, 1993, or
under any other subsequent legislation in force on investments in the Republic of Mozambique.

Article 12

Relations between Contracting Parties

The provisions of the present Agreement shall apply irrespective of the existence of diplomatic or consular relations between the
Contracting Parties.

Article 13

Consultations

1.

The representatives of the Contracting Parties shall hold meetings from time to time for the purpose of:

(a)

reviewing the implementation of this Agreement;

(b)

exchanging legal information and investment opportunities;

(c)

resolving disputes arising out of investments;

(d)

forwarding proposals on promotion of investment;

(e)

studying other issues in connection with investment.

2.

Where either Contracting Party requests consultation on any matter of Paragraph 1 of this Article, the other Contracting Party shall
give prompt response and the consultation be held alternatively in Beijing and Maputo.

Article 14

Entry into Force, Duration and Termination

1.

The Contracting Parties shall notify each other promptly when their respective constitutional requirements for entry into force of
this Agreement have been fulfilled. The Agreement shall enter into force on the day following of the date of receipt of the last
notification.

2.

This Agreement shall remain in force for a period of ten years. Thereafter it shall continue in force until the expiration of twelve
months from the date on which either Contracting Party shall have given written notice of termination of this Agreement to the other
Contracting Party.

3.

In respect of investments approved and /or made prior to the date the notice of termination of this Agreement becomes effective, the
provisions of preceding Articles 1 to 13 shall remain in force with respect to such investments for a further period of ten years
from that date or for any longer period as provided for or agreed upon in the relevant contract or approval granted to the investor.

In Witness Whereof the undersigned, duly authorized thereto, have signed this Agreement in Maputo on July 10, 2001 in duplicate and
in the Chinese, Portuguese and English languages, all three texts being equally authentic. In case of divergence between the texts
of this Agreement, the English text shall prevail.

FOR THE GOVERNMENT OF THE￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿FOR THE GOVERNMENT OF THE

PEOPLE’S REPUBLIC OF CHINA￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ REPUBLIC OF MOZAMBIQUE



 
The Government of the People’s Republic of China
2001-07-10

 







CIRCULAR OF THE GENERAL ADMINISTRATION OF CUSTOMS, THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION, THE STATE ADMINISTRATION OF TAXATION, THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE, THE STATE ADMINISTRATION OF FOREIGN EXCHANGE, THE STATE BUREAU OF QUALITY AND TECHNICAL SUPERVISION ON EXAMINING THE SUBSCRIBER’S QUALIFICATION TO USE ELECTRONIC SYSTEM FOR EXECUTING LAWS AT PORTS THROUGHOUT THE COUNTRY

The General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation, the State Administration of Taxation,
the State Administration for Industry and Commerce, the State Administration of Foreign exchange, the State Bureau of Quality and
Technical Supervision

Circular of the General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation, the State Administration
of Taxation, the State Administration for Industry and Commerce, the State Administration of Foreign Exchange, the State Bureau of
Quality and Technical Supervision on Examining the Subscriber’s Qualification to Use Electronic System for Executing Laws at Ports
Throughout the Country

ShuTongFa [2001] No.188

March 26, 2001

General Administration of Customs (GAC) Guangdong branch, each custom directly under GAC, branch of the Ministry of Foreign Trade
and Economic Cooperation (MOFTEC) in each province, each autonomous region, and municipality directly under the Central Government;
State Administration of Taxation (SAT), State Administration for Industry and Commerce (SAIC), State Administration of Foreign Exchange
(SAFE), State Bureau of Quality and Technical Supervision (SBQTS):

With the approval of the State Council, Electronic System for Executing Laws at Ports (hereinafter referred as ESELP), which was jointly
developed by GAC, MOFTEC, Ministry of Public Security, SAT, Peoples bank of China, SAIC, SAFE, State Administration for the Inspection
of Import and Export Commodities, Ministry of Railways, Ministry of Communications, Civil Aviation Administration of China, Ministry
of Information Industry, was put into experimental use in Beijing, Tianjin, Shanghai, and Guangzhou from December 15, 2000 through
March, 2001. According to the requirement of circular on Spreading ESELP issued by the General Office of the State Council (GuoBanMingDian
[2001] No. 12), ESELP is planned to put into use throughout the country before June 1, 2001. To ensure smooth advancement of this
work, an announcement on applying for IC card by the subscriber has been jointly formulated by GAC and other five government departments.
Relevant issues are clarified as below:

1.

Concerned local branches of GAC, SAT, MOFTEC, SAIC, SAFE, and SBQTS shall attach great importance to examining the subscriber’s qualification
to use ES ELP and appoint a special person in charge to ensure finishing local spread before May 31, 2001.

2.

Concerned departments shall set up a joint examination group to distribute IC card to subscribers centrally during the initial stage
of the spread (about 1-2 weeks). The customs shall provide office and related rear services for the joint examination group.

3.

When examining the subscriber’s qualification, each concerned department shall verify the documents as follows:

(1)

The Customs shall verify the Registration Certificate of Customs Declaration, Operator Certificate of Customs Declaration;

(2)

MOFTEC and its branches shall verify the Qualification Certificate of Export & Import Enterprise or Approval Certificate of Enterprise
with Foreign Investment;

(3)

Taxation departments shall verify Registration Certificate of Taxation (duplicate);

(4)

SAIC and its branches shall verify the Business License of Legal Enterprise (duplicate) or the Business License of Enterprise (duplicate);

(5)

SAFE and its branches shall verify the qualification for the verification of foreign exchange collection and payment;

(6)

SBQTS and its branches shall verify the Institution Code Certificate.

4.

During the period of centrally distributing IC card, the joint examination group shall only verify the hard copy of above-mentioned
documents submitted by the subscriber. Each department shall double-check the electronic accounts of the subscriber after that according
to the actual situation. In case of any question discovered after double-check; the subscriber’s qualification shall be deprived.
After central distribution, each concerned department shall examine the subscriber’s qualification on the inter-net. In case of any
alteration of legal person and business scope, the concerned department shall make corresponding revision on the inter-net.

5.

Each concerned department shall closely cooperate to enhance work efficiency and ensure smooth advancement of qualification examination.
Local customs directly under GAC shall notice the enterprise the time and place for centrally distributing IC card after consulting
with relevant departments.



 
The General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation, the State Administration
of Taxation, the State Administration for Industry and Commerce, the State Administration of Foreign exchange, the State Bureau of
Quality and Technical Supervision
2001-03-26

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE RELEVANT EXECUTIVE STANDARDS FOR THE INDIVIDUAL INCOME TAX EXEMPTION OF FAMILY VISIT EXPENSES OBTAINED BY FOREIGN INDIVIDUALS

The State Administration of Taxation

Circular of the State Administration of Taxation on the Relevant Executive Standards for the Individual Income Tax Exemption of Family
Visit Expenses Obtained by Foreign Individuals

GuoShuiHan [2001] No.336

May 14, 2001

Taxation bureau of every province, autonomous region, municipality directly under the Central Government and municipality separately
listed on the State plan:

Recently, we have received some reports that, in accordance with Article 4 of the “Circular of the State Administration of Taxation
on the Execution of the Individual Income Tax Exemption for Relevant Subsidies Obtained by Foreign Individuals,”(GuoShuiFa [1997]
No.54) if the individual income tax on family visit expenses obtained by a foreign individual is to be exempted, the taxpayer shall
provide documents (duplicates) on the payment for his or her travel to visit family, and such documents shall be examined by the
competent taxation organ. The individual income tax may be exempted for the actual expenses for family visits, as well as for a reasonable
portion of the standard governing the expenses and occurrence of annual family visits. However, in the execution of the law, it is
necessary to further clarify “the reasonable portion of the standard governing the expenses and occurrence of annual family visits.”
This issue is hereby addressed uniformly as follows:

I.

The family visit expenses for which preferential treatment for individual income tax exemption may be enjoyed shall only be limited
to the expenses paid by a foreign individual for travel between the location of his/her employment in China and his/her home (including
the dwelling place of his/her spouse or parents) by vehicle for no more than twice every year.

II.

This Circular shall come into force as of the date of its implementation; family visit expenses which occurred before this Circular
had come into force and which have not been treated for taxation shall also be executed in accordance with this Circular.



 
The State Administration of Taxation
2001-05-14

 







MEASURES ON THE ADMINISTRATION OF PASSIVE QUOTAS FOR TEXTILE PRODUCTS






The Ministry of Foreign Trade and Economic Cooperation

Order of the Ministry of Foreign Trade and Economic CooperationMeasures on the Administration of Passive Quotas for Textile Products

No.28

The Measures on the Administration of Passive Quotas for Textile Products which was enacted according to the Foreign Trade Law of
the People’s Republic of China and the Regulation of the People’s Republic of China on the Administration of the Import and Export
of Goods has been passed at the tenth ministerial meeting of the year 2001 of the Ministry of Foreign Trade and Economic Cooperation
and won the consent of the State Administration of Customs and the State Administration of Quality Supervision and Quarantine upon
discussion, and are hereby promulgated for implementation as of January 1, 2002.

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

December 20, 2001

Measures on the Administration of Passive Quotas for Textile Products

Chapter I General Provisions

Article 1

The present Measures have been formulated on the basis of the Foreign Trade Law of the People’s Republic of China and the Regulation
on the Administration of the Import and Export of Goods and according to the Agreement on Textile Products and Clothing of the World
Trade Organization and the commitments of China with regard to textile products after its accession to the WTO.

Article 2

Definitions

The term “passive quotas for textile products” (hereinafter referred to as “textile quotas”) shall refer to the quantitative restrictions
on the export of textile fabrics like cotton, wool, chemical fibers, silk, hemp and other plant fibers and the products thereof that
are restricted by the country of import. The classification and measurement unit of textile quotas shall be based on relevant agreements.

Country of restriction this term refers to the countries mentioned in the notices of the Textile Monitoring Body (“TMB”) under the
WTO that have restrictions of textile quotas over the textile products of China, including the United States, Canada, European Union,
and Turkey.

Industrialist and industrialist quota According to the notices submitted by China and EU to the TMB under the WTO, the European Commission
shall provide to the MOFTEC of China a list of some of the processors and producers from the EU before the end of each year, and
the enterprises included in the list are the “EU industrialists” for the next year. According to relevant provisions, a part of the
quotas from all categories shall be reserved with within 115 days from the day when the agreement year for Categories II and III
of export to EU begins and within 180 days after the day when the agreement year for Categories V, VI, VII, VIII, XV and XXVI of
export to EU begins, and the quotas herein mentioned are the “quotas for EU industrialists”.

Quota for the Europe Fair According to the notices submitted by China and EU to the TMB under the WTO, this term refers to the passive
quotas for textile products that are independent from the normal passive quotas established specially by both parties for the purpose
of performing the contracts concluded at the European Fair.

Exporting Enterprise This term refers to the various enterprises (including enterprises with foreign investment) that have the qualifications
for engaging in the export of textile products and clothing.

Performance Quota This term refers to the quotas that are not subject to bid invitations and control of total quantity, but are independently
applied by enterprises according to their export performances.

Export performance This term refers to the export performance of the textile products restricted by the countries of restriction and
the export performance of the non-quota textile products of the whole world. The term “export performance of the textile products
restricted by the countries of restriction” refers to the quantity of customs clearance actually made by the countries of restriction
or of the quantity of import licenses exchanged for the textile products under the different quotas during a certain period of time.
The term “export performance of the non-quota textile products of the whole world” refers to amount of money incurred from the export
of products under various quotas to the countries and regions not restricted by quotas during a certain period of time. The export
performance of textile products under export quotas to the countries of restriction shall be based on the statistics of the customs
of the state, and the export performance of the non-quota textile products of the whole world shall be based on the statistics of
the Chinese customs.

Export license This term refers to the export licenses of textile products needed for exporting to the countries of restriction, the
licenses of silk and hemp products, certificates of handiworks, certificates of origin, etc.

Rate of issue This term refers to the proportion of the quantity of quotas issued according to the export license of a certain kind
of quota in the total amount of quotas obtained by various means (it is classified into that of the whole country, that of a local
place and that of an enterprise).

Rate of customs clearance (rate of use) This term refers to the proportion of the amount of customs clearance actually made in the
country of restriction or the import licenses exchanged of a certain kind of quotas in the total amount of quotas obtained by various
means (it is classified into that of the whole country, that of a local place and that of an enterprise).

Article 3

The organs of quota administration and the functions and duties thereof

The quotas for the textile products to be exported to the countries of restriction shall be subject to the hierarchical administration.

The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as “MOFTEC”) shall be the administrative organ for
textile quotas. It is responsible for the negotiation, conclusion and execution of multilateral trade rules with the countries of
restriction, the formulation of rules on the administration of textile quotas, the allocation of textile quotas and supervision and
guidance of the issuance of certificates for the export of textile products and the textile products actually exported.

Under the authorization of the MOFTEC, all provinces, autonomous regions, municipalitie directly under the Central Government, the
municipalities separately listed on the State plan and the capital city of eight provinces (Harbin, Changchun, Shenyang, Xi’an, Nanjing,
Wuhan, Chengdu, Guangzhou) (hereinafter referred to as “local administrative department of foreign trade authorized by the MOFTEC)
shall be the administrative organ of textile quotas of the local place; they shall be responsible for the allocation and administration
of quotas to the exporting enterprises of the locality, shall report to the MOFTEC about the allocation, use and administration of
quotas of the locality, and shall supervise and inspect the use of quotas as well as the actual export of the exporting enterprises
within the locality.

Article 4

The functions of the issuing authorities and the departments for the transmission of the electronic data of certificates

The Quota License Affairs Bureau under the MOFTEC (hereinafter referred to as “QLAB”) is the issuing authority of textile quotas authorized
by the MOFTEC.

The functions of the QLAB in the aspect of textile quotas are:

1.

Being responsible for the uniform printing, distribution and inspection of export licenses for textile products, the allocation of
the numbers of certificates, and for accepting the registration of export licenses of textile products, signatures of issuers and
numbers for archivist purposes;

2.

Administering the issuing authorities according to relevant provisions, inspecting to see whether the issuing authorities have issued
licenses according to the allocated quotas, and reporting to the MOFTEC on the monthly basis about inspections of the issuance of
certificates by the issuing authorities;

3.

Being responsible for the internal inspection of the data of export licenses issued by the issuing authorities, the data customs clearance
abroad, for investigating false evidences and perjuries, and reporting regularly to the MOFTEC about the inspections.

The administrative departments of foreign trade at all places shall, under the authorization of the QLAB, be responsible for the issuance
and administration of licenses for the export of textile products.

The China International Electronic Commerce Center (hereinafter referred to as “CIECC”) shall, under the authorization of the MOFTEC,
be responsible for the statistics of the issuance of licenses for the export of textile products and the exchange of the electronic
data of the licenses for the export of textile products to the countries of restriction.

Article 5

The ways of quotas allocation

The textile quotas are allocated by way of invitations for bid, independent applications and allocation according to performances.
The MOFTEC shall, on the basis of the use of quotas in the preceding year, publicize lists of quotas to be allocated by way of invitation
for bid, independent applications and allocation according to performances before September 10 of each year, and may make necessary
readjustments according to the use of quotas of the year.

Chapter II The System of Export License

Article 6

The system of quota and export license shall be applied to the export of textile products to the countries of restriction; the customs
shall be responsible for supervision, and the organs for the entry and exit inspection and quarantine shall be responsible for inspection
according to relevant provisions.

Article 7

Export licenses shall be issued by the QLAB and the local issuing authorities authorized thereby according to the total amount of
quotas granted by the MOFTEC and the quantity of quotas allocated by the local administrative departments of foreign trade. The customs
offices shall examine and release goods according to the export licenses. With regard to the textile products for export subject
to statutory inspections and the commodities included in the lists of textile products for export that are subject to the inspection
of inspection authorities, the customs offices shall also inspect the instruments of customs clearance issued by the inspection and
quarantine organs for the goods departing the country.

Article 8

The year affixed to the export licenses shall be identical to the year of departure of goods.

The declaration of customs for the departing goods under the export licenses shall be made no later than December 31 of the year;
in case of overdue, the declaration of customs shall not be accepted by the customs offices and the goods shall not be released.

Article 9

An approval shall be obtained for each export license, and the certificates may not be transferred, not may the certificates be altered.
If it is necessary to make any alterations, a new export license shall be issued.

Article 10

The application for and issuance of export licenses shall be executed according the relevant administrative rules concerning the passive
quotas for textile products.

Chapter III The Invitation for Bid for Quotas

Article 11

The MOFTEC shall arrange for bid invitations for the quotas of some of the textile products according to the principle of “efficiency,
impartiality, openness and fair competition”.

Article 12

The invitation for bid for quotas shall be made in accordance to the Measures for the Bid Invitation for Export Commodities and the
Detailed Rules for the Implementation of the Bid Invitation for the Passive Quotas for Textile Products.

Chapter IV The Independent Application for Quotas

Article 13

The determination of quota types subject to independent application

The MOFTEC shall control the total amount of the quota types for the textile products whose rate of customs clearance between January
and August of the current year and that for the previous year are both below 40% percent in the next year, and the exporting enterprises
may independently apply for export licenses.

The MOFTEC shall publicize the list of quota types subject to the control of total amount for the next year in September of the current
year, and, where it is necessary, make readjustments prior to December 15 of the current year.

Article 14

The allocation of quotas subject to independent application

The MOFTEC shall, before December 15 of each year, distribute the quotas that are no less than two times of the quantity of quotas
subject to independent application fed back by all the local places for the next year to the administrative departments of foreign
trade authorized by the MOFTEC, and the quantity of quotas for the enterprises directly under the Central Government shall be distributed
to the QLAB, and shall publish the concrete quantities on the website of the CIECC. Where there are no feedbacks of customs clearance
in any local place, the MOFTEC shall distribute to the place according to the minimum quantity ever fed back by other places.

All issuing authorities shall issue export licenses to the exporting enterprises under their respective jurisdictions within the limit
of total amount granted by the MOFTEC. As for the enterprises that have performances of customs clearance in the previous year, the
issuing authorities shall reserve the preemptive right to use quotas equal to the quantity of export performance for half a year.

Article 15

The use of quotas subject to independent applications

When exporting textile products under the types of quotas subject to independent applications, the exporting enterprises shall, prior
to the conclusion of sales contracts, inquire the local issuing authorities about the quota types and the quantity of quotas remained
or make inquisitions through the website of CIECC. They may not conclude sales contracts until they confirm that there are additional
quotas. After the conclusion of contracts, they shall apply to the local issuing authority immediately on the basis of the contracts
for export licenses.

The issuing authorities shall, after receiving the application of the enterprises, examine the sales contract of the said enterprises,
and may not issue export licenses to the enterprises until they confirm that there are additional quotas of relevant types for the
locality.

Article 16

The readjustment of the quantity of quotas subject to independent applications

The local administrative departments of foreign trade may, when the rate of issuance of licenses for the quotas subject to independent
application in the locality reaches 90%, apply to the MOFTEC for granting additional quotas. The enterprises directly under the Central
Government may, when the rate of issuance of licenses for the quotas subject to independent application in the locality reaches 100%,
apply to the MOFTEC for granting additional quotas.

The MOFTEC shall decide whether to approve the applications or not and the quantity to be approved according to the rate of customs
clearance of relevant types of the local and central enterprises that have made the applications.

Article 17

The examination of the quotas subject to independent applications

The MOFTEC shall make irregular samplings of the documents of customs declaration that have been passed the examination of the customs
offices as well as the sheet of the export licenses returned by the customs offices of the exporting enterprises obtained by way
of independent applications. In case any exporting enterprise that intentionally occupies the quotas subject to independent applications
but fail to use them for actual export, the MOFTEC shall, according to the seriousness of the circumstances, disqualify the said
enterprise from independently applying for some or all types of quotas subject to independent applications. In case any issuing authority
indulges the enterprises to intentionally occupy quotas, the MOFTEC shall deal with the said issuing authority according to the Provisions
on the Administration of Export Licenses.

Article 18

The readjustment of the types of quotas subject to independent applications

As for the quotas subject to independent applications which are no longer subject to independent applications due to the rise in use
rate, the MOFTEC may, on the basis of the export performances of the local can central enterprises during the previous quota year
(including the export performances of all kinds of enterprises), allocate the performance quotas according to the principle of allocating
performance quotas.

Chapter V The Administration of Performance Quotas

Article 19

The performance quotas shall be allocated on the basis of the export performances of the local and central enterprises in the export
of textile products during the previous quota year; the export performance consists of that of textile products exported to the countries
of restriction and that of non-quota textile products of the world.

Article 20

The performance quotas for textile products exported to the countries of restriction

The performance quotas for textile products exported to the countries of restriction are allocated for three times: the first initial
allocation, the second initial allocation and the final allocation.

The first initial allocation shall be made in October of the previous year of the quota year, and the allocation shall be made on
the basis of the export performances in the export of textile products to the countries of restriction between January and August
of the previous quota year times a quotient.

The second initial allocation shall be made in December of the previous year, and the allocation shall be made on the basis of the
export performances in the export of textile products to the countries of restriction between January and November of the previous
quota year times a quotient.

The final allocation shall be made in March of the current year, and the allocation shall be made on the basis of the export performances
in the export of textile products to the regions of restriction between January and November of the previous quota year times a quotient.
The export performance in the export of textile products to the countries of restriction during the whole of the previous quota year
shall be based on the statistics at the end of February of the ending quota year.

The enterprises may conclude transactions according to the initially allocated quotas prior to the granting of final allocation. The
export performance in the export of textile products to the countries of restriction within the whole of a quota year shall be based
on the quantity of final allocations.

Article 21

The performance quotas for the export of non-quota textile products of the world

The performance quotas for the export of non-quota textile products of the world shall be allocated twice a year: in January and April
of the quota year.

The performance quotas for the export of non-quota textile products of the world determined as pursuant to Article 17 of the present
Measures shall be allocated by the MOFTEC to the local and central enterprises whose non-quota textile products of the world has
come up to a certain amount which shall be calculated according to the following formula. The export performance of the non-quota
textile products of the world shall be 100% of the export value of textile products under the item of general trade (including frontier
trade) summed up by the Chinese customs plus 30% of the export value of textile products under the item of processing with imported
materials:

The export performance quota of non-quota textile products of a certain type = the total amount of export performance quota of non-quota
textile products of the world of this type * a coefficient of the export value of non-quota textile products of the world

The coefficient of export value of non-quota textile products of the world = the export performance of local (central enterprises)
in non-quota textile products or the world of this type ￿￿the export performance of non-quota textile products of the world in the
whole country

The export performance of all kinds of enterprises in the non-quota textile products of the world shall be calculated in the statistics
of performances and the quotas determined according to Article 17 of the present Measures shall be allocated to the enterprises
on the basis of their export performance in the non-quota textile products of the world.

In the allocation of export performance quotas for the non-quota textile products of the world, the MOFTEC may, according to the specific
circumstances, use a certain proportion of quota for certain types to reward the enterprises that have made outstanding achievements
in the export of home made famous-brand products or for carrying out other policies.

Article 22

The origin of performance quotas

The origin of performance quotas for the export of non-quota textile products to the countries of restriction shall be the quotas
prescribed in the bilateral or multilateral agreement in the previous quota year.

The origin of performance quotas for the export of non-quota textile products of the world shall be:

1.

Quotas for the annual increase rate as prescribed in bilateral or multilateral agreements;

2.

Quotas for handling flexible clauses (carryforward, transfer of certain types, advance borrowing) determined by the MOFTEC according
to he prescriptions of bilateral or multilateral agreements and the use of quotas;

3.

The quotas handed in by the local and central enterprises;

4.

The quotas confiscated according to Chapter VIII of the present Measures.

Chapter VI The Administration of Industrialist Quotas

Article 23

The qualifications of the applicant enterprises

An exporting enterprise shall have acquire the qualifications for applying for industrialist quotas after it has entered into contracts
with an industrialist from the EU concerning the export of textile products subject to industrialist quotas as provided in the notices.

Article 24

The procedures for application

The MOFTEC shall, after receiving the list of industrialist quotas provided by the European Commission, distribute them to the local
administrative departments of foreign trade authorized by the MOFTEC.

The domestic enterprises shall, after concluding contracts with EU industrialists according to their actual business demands, submit
the original text of the contracts that have been signed by both parties and attached with the official cachets of both parties to
the local administrative department of foreign trade authorized by the MOFTEC for examination and approval. The local administrative
departments of foreign trade authorized by the MOFTEC shall, after confirming the truthfulness of the contracts according to the
above-mentioned provisions, gather all the official texts of the contracts each month and submit them together with the applications
to the MOFTEC during the period between the 20th and the end of each month.

The applications for the type II and III quotas as well as the corresponding contracts shall be submitted to the MOFTEC within 115
days after the quota year begins; the applications for other types of quotas as well as the corresponding contracts shall be submitted
to the MOFTEC within 180 days after the quota year begins. The applications submitted beyond the time periods shall be invalid ones
and may not be accepted.

Article 25

The ways of allocation of quotas

The MOFTEC shall gather up all the applications of the local administrative departments of foreign trade authorized by the MOFTEC
and the central enterprises at the end of each month during the months January to June of each year, and shall, within the first
10 working days of the next month, allocate the quotas to the central enterprises and the local enterprises via the local administrative
departments of foreign trade authorized by the MOFTEC.

If the total amount of quotas applied for a certain industrialist gathered up by the MOFTEC for each month does not exceed the industrialist
quotas of this type provided in the agreements that remain at the current month, the MOFTEC shall satisfy the applications of all
enterprises for the quotas of this type; if it exceeds the industrialist quotas of this type provided in the agreements that remain
at the current month, the MOFTEC shall allocate the quotas according to a certain proportion of the total amount of quotas applied
by all the enterprises within the current month.

Article 26

The ways of administration

The industrialist quotas acquired by the enterprises may not be changed into normal quotas; in case any of the contracts concluded
with any EU industrialist cannot be performed, the enterprise shall hand the industrialist quotas in.

For all the industrialist quotas subject to bid invitations, an amount of money for winning bids for industrialist quotas shall be
collected according to the negotiated bid invitation prices for this type of the current year prior to the allocation of quotas.
Within 30 days after the allocation of quotas, the Chinese exporting enterprises that acquires industrialist quotas shall pay a caution
money which equals 30% of the amount of money for winning bids for industrialist quotas to the designated bank accounts. In case
any enterprise that fails to pay the caution money within the time limit, the industrialist quotas thereof shall be taken back by
the MOFTEC, and the said enterprise shall be disqualified from applying for industrialist quotas within the next two years.

The Detailed Rules for the Implementation of the Bid Invitations for Passive Quotas of Textile Products shall be observed in the use
of quotas subject to bid invitations.

Chapter VII The Administration of Quotas for European Fairs

Article 27

Requirements for the use of quotas

As pursuant to the requirements of the administrative procedures of the EU, the quotas for the European fairs can be used only for
the performance of contracts during the next year concluded at the Berlin Progress Partnership Fair (hereinafter referred to as “Berlin
Fair”) which is held in Berlin, Germany, in November each year.

Article 28

The qualifications for enterprises to participate in the allocation of quotas for fairs

1.

The enterprises the attend the Berlin Fair for two consecutive years and have business operation performances;

2.

The applicant enterprises that have outstanding performances in the normal export of textile products to the EU.

Article 29

Principles for allocating quotas

The MOFTEC shall determine the plans for allocating the quotas for the next year according to the rate of license issuance of the
enterprises that have participated in the fairs between January and September of each quota year with reference to the average rate
of license issuance of the whole country:

1.

The enterprises whose rate of license issuance of a certain type is higher than the average rate of the whole country shall acquire
all the quotas allocated to the enterprises of this type for the current year;

2.

The enterprises whose rate of license issuance is lower than the average rate of the whole country shall have their quotas deducted
in proportion to the allocated quotas of the current year;

3.

The remained quotas of all types shall be allocated to the enterprises that participated in the fairs and that have high rates of
license issuance of the type and the new applicants for participating in the fairs that have outstanding performances in the normal
export of textile products to the EU;

4.

The standards for allocating the quotas for the European fairs whose normal types of quotas are subject to independent applications
shall be relaxed.

Article 30

The procedures of allocation

The MOFTEC shall distribute the plan of initial allocation of the quotas for the next year to the central enterprises and the local
enterprises via the local administrative departments of foreign trade authorized by the MOFTEC in October each year prior to the
holding of the Berlin Fair according to the provisions of Article 29 of the present Measures. It may be the basis for the participating
enterprises to conclude contracts at the Berlin Fair, but not the basis for the issuing authorities to issue licenses.

After the Berlin Fair is ended, the MOFTEC shall, according to the contractual quantity reached at the Berlin Fair and by reference
to the allocation plan made prior to the holding of the Fair, complete the relevant statistics and then distribute the official plan
of allocating the quotas for the European fairs for the next year within 10 working days to the central enterprises and the relevant
local enterprises via the local administrative departments of foreign trade authorized by the MOFTEC. The official plan shall be
the basis for the issuing authorities to issue licenses. As for the quantity of quotas undetermined prior to the holding of the Berlin
Fair and the quotas for which no contracts are concluded at the Fair, the MOFTEC shall select those enterprises that have the intent
to conclude contracts on the basis of these quotas prior to the ending of the Berlin Fair.

Article 31

Fees for the quotas subject to bid invitations

The fees for the quotas subject to bid invitations involved in the quotas for the European fairs shall be determined by the MOFTEC
by reference to the negotiated prices of bids of the current year for this type of quotas and shall be distributed to the enterprises.

Article 32

Way of participating in the fairs

The enterprises that obtains quotas for the European fairs shall be allowed to participate in the Berlin Fair of the year. The MOFTEC
shall entrust relevant enterprises to organize the enterprises concerned to attend, while the MOFTEC shall be responsible for the
coordination with the relevant authorities responsible for the holding of the Berlin Fair.

Chapter VIII The Turn-over and Transfer of Quotas

Article 33

The turn-over of quotas

The quotas unused by the local enterprises (including the EU industrialist quotas) shall be turned over to the MOFTEC via the local
administrative departments of foreign trade authorized by the MOFTEC, and the central enterprises shall turn their unused quotas
directly to the MOFTEC.

The local administrative departments of foreign trade authorized by the MOFTEC and the central enterprises shall turn over the unused
quotas to the MOFTEC no later than October 31 of the quota year.

The quotas that have not been turned over to the MOFTEC after October 31 and for which no licenses have been issued for the export
of relevant textile products shall be taken back by the MOFTEC and be reallocated.

If there are no feedback data from the countries of restriction for the licenses issued (i.e., bad licenses) by March 1 of the second
year of the quota year, the performance of quota for the license of this quota of the relevant companies shall be revoked.

Article 34

The transfer of quotas

In order to increase the overall use rate of the quotas, provide channels to the enterprises with insufficient quotas to obtain quotas,
encourage the flow of quotas to the enterprises with real capabilities, the MOFTEC permits the quotas other than the industrialist
quotas and the quotas for the European fairs to be transferred according to relevant procedures. The transfer of the quotas subject
to bid invitations shall be executed according to the provisions of the Measures for the Bid Invitation of Quotas for the Export
of Commodities and the Detailed Rules for Implementing the Bid Invitation of Passive Quotas for Textile Products.

The transfer of quotas is classified into the intra-regional transfer and inter-regional transfer.

MEASURES ON THE ADMINISTRATION OF AUTOMATIC IMPORT LICENSE OF GOODS

The Ministry of Foreign Trade and Economic Cooperation

Order of the President of the People’s Republic of China

No.20

In accordance with the “Foreign Trade Law of the People’s Republic of China” and the “Regulations of the People’s Republic of China
on the Administration of the Import and Export of Goods”, and upon consent by and after negotiation with the General Administration
of Customs, the “Measures on the Administration of Automatic Import License of Goods” are hereby promulgated and shall come into
force on January 1, 2002.

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

December 31, 2001

Measures on the Administration of Automatic Import License of Goods

Article 1

These Measures are enacted in accordance with the “Regulations of the People’s Republic of China on the Administration of the Import
and Export of Goods” in order to effectively monitor the import of goods and regulate the automatic import license of goods.

Article 2

The Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China (hereinafter referred to as “the MOFTEC”)
shall, on the basis of the needs of monitoring the import of goods, administer the automatic import license of some goods.

Article 3

The catalogue of goods subject to automatic import license administration, including the names and tariff numbers of specific goods,
shall be determined by the MOFTEC after negotiation with the relevant departments, and shall be promulgated at least 21 days before
the execution thereof. The present catalogue of the goods subject to automatic import license administration is attached behind (see
Attachment I).

Article 4

When, with respect to the goods subject to automatic import license administration, the reasons for the implementation of the administration
have been changed, the MOFTEC shall cancel the automatic import license administration on the goods, and shall promulgate the cancellation.

Article 5

The automatic import licenses shall be issued by the Quota License Affairs Bureau, the departments in charge of foreign trade and
economic cooperation of all provinces, autonomous regions, municipalities directly under the Central Government and cities directly
under State planning as well as the relevant State departments (hereinafter uniformly referred to as the “license-issuing institutions”)
upon authorization by the MOFTEC. The name list of specific license-issuing institutions is attached behind (see Attachment II).

The MOFTEC shall be responsible for the supervision of the manufacture of the “Automatic Import Licenses” (for the sample form, please
see Attachment III) and the “Special Seals for Automatic Import License” (for the sample seal, please see Attachment IV) and shall
distribute such licenses and seals to the entities using the seals. Each of the entities using the seals must designate a special
person to keep the seal, which shall be used for the special purpose.

Article 6

An import business operator shall, when importing the goods subject to automatic import license administration, submit an application
for automatic import license to the automatic import license issuing institution authorized by the MOFTEC before it makes customs
declaration. The customs shall handle the customs declaration formalities on the basis of the “Automatic Import License” covered
with a “Special Seal for Automatic Import License”. The bank shall handle the formalities on purchase of and payment in foreign exchange
by depending on the “Automatic Import License”.

Article 7

An import business operator shall, when applying for an automatic import license, submit the following documents:

(1)

the application form for the automatic import license (for the pattern, please see Attachment V);

(2)

the contract on the import of the goods;

(3)

copies of legal documents within the business scope approved by the administrative organ;

(4)

the contract on agency import concluded between the entrusting party and the import business operator if the import is subject to
entrustment;

(5)

the documents attesting that the uses of the imported goods or the final users conform to be State provisions if there are certain
provisions regarding the uses of the imported goods or the final users;

(6)

other necessary documents provided for by the MOFTEC to be submitted.

Article 8

With respect to any application for license with correct contents and a complete form, the license-issuing institution shall, after
the receipt of such an application, immediately approve it within the feasible extent of its administration, and shall issue an automatic
import license. In case of any particular circumstance, it shall issue the license within a time of no more than 10 working days
as of its receipt of the application. The license-issuing institution shall transmit the relevant electronic data to the MOFTEC in
time according to the relevant provisions.

Article 9

Any import business operator, once conforming to the State requirements in laws and regulations on being engaged in the import operation
of goods subject to automatic license, may have the qualification to apply for and acquire the “Automatic Import License”.

With respect to the goods subject to State designated trading administration, only the designated trading enterprises may have the
qualification to apply for and acquire the automatic import license; if a non-designated trading enterprise needs to import the goods
subject to designated trading, it shall entrust a designated trading enterprise to act as an agent for the import, who shall apply
for the automatic import license. An import business operator may, if importing the goods subject to designated trading administration
in a relevant manner exclusively provided for in the designated trading administration, directly apply for the automatic import license.

With respect to the goods subject to State trading administration, both State trading enterprises and non-State trading enterprises
shall, when applying for and obtaining the automatic import license, conform to the relevant State provisions on the administration
of State trading.

Where there are certain provisions on the uses or users of the imported goods in laws, regulations or State industrial policies, the
application for the automatic import license shall conform to the relevant provisions.

Article 10

Whoever imports goods in any of the following trading manners does not need to obtain the automatic import license:

(1)

the manner of processing trade;

(2)

import of sample goods or advertisement products;

(3)

other trading manners provided for in State laws or regulations, in which the automatic import license does not need to be obtained.

Article 11

Where an import business operator does not use the automatic import license which it has obtained, it shall return the license to
the original license-issuing institution, and shall state the reason; if it has lost the license, it shall immediately report to
the original license-issuing institution, who shall, after verifying that the loss will cause no ill consequence, re-issue the license.

Article 12

With respect to the goods subject to automatic import license administration, which are under temporary prohibitive measures in import
or temporary restrictive measures in the quantity of import taken by the State, the issuance of the automatic import license shall
be ceased as of the date when the temporary measures come into force.

Article 13

The system of “one license for one batch” shall be exercised for the “Automatic Import License”, that is, the same automatic import
license shall not be used in accumulative customs declaration in batches. The period of validity of an automatic import license shall
be six months. Where the said period needs to be extended or the automatic import license needs to be modified, a new license shall
be re-applied for and re-issued without exception, and the previous license shall meanwhile be cancelled.

Article 14

Whoever imports the goods subject to automatic import license administration without permission before applying for and obtaining
the automatic import license in accordance with these Measures, shall be treated in accordance with the relevant provisions in the
Customs Law.

Whoever forges, alters or trades the automatic import license or obtains the automatic import license by deceptive means or any other
unfair means, his automatic import license shall be taken back in accordance with the law, and the MOFTEC may take a measure of suspension
up to revocation of its foreign trade operation license; if he has violated the Criminal Law, the case shall be transferred to the
judicial department for investigation of his criminal liabilities.

The customs may, on the basis of the demand for investigating illegal cases, detain the automatic import license in accordance with
the law.

Article 15

The automatic import license administration on the goods of enterprises with foreign investment shall be conducted in accordance with
the present relevant provisions.

Article 16

The detailed rules for the administration of the automatic import license for mechanical and electronic products shall be enacted
and promulgated by the MOFTEC in accordance with these Measures.

Article 17

The State Economic and Trade Commission and the MOFTEC shall continue to jointly administer 7 industrial products, namely, crude oil,
steel, pesticides, acrylic, terylene, polyester slices, chemical fertilizer (all kinds of products of the HS number excluding urea,
diammonium orthophosphate and compound fertilizer). For these industrial products, an enterprise with foreign investment shall continue
to apply for the automatic import license for foreign-funded enterprise in the department of foreign trade and economic cooperation
in accordance with the present provisions, and the customs shall, by depending on the automatic import license for foreign-funded
enterprise covered with a special seal by the department of foreign trade and economic cooperation, inspect and release the products.

Article 18

These Measures shall not be applicable to the goods entering the bonded zones or export processing zones of the People’s Republic
of China, which are under automatic import license administration.

Article 19

The MOFTEC shall be responsible for the interpretation of these Measures.

Article 20

These Measures shall come into force on January 1, 2002. In case of any previous provision inconsistent with these Measures, these
Measures shall prevail.

Attachment I:Catalogue of the Goods Subject to Automatic Import License Administration (omitted)

II:Name List of Automatic Import License Issuing Institutions (omitted)

III:Sample Form of the Automatic Import License (omitted)

IV:Sample of the Special Seal for the Automatic Import License (omitted)

V:Pattern of the Application Form for the Automatic Import License (omitted)

 
The Ministry of Foreign Trade and Economic Cooperation
2001-12-31

 




REPLY OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON ISSUES CONCERNING THE REGISTRATION ADMINISTRATION OF ADVERTISING AGENCIES

The State Administration for Industry and Commerce

Reply of the State Administration for Industry and Commerce on Issues Concerning the Registration Administration of Advertising Agencies

GongShangGuanZi[2001] No.343

November 17, 2001

Liaoning Administration for Industry and Commerce:

We have studied your Request for Instructions on the Registration Administration of Advertising Agencies (LiaoGongShang [2001] No.
26) and now reply as follows:

1.

In compliance with Article 26 of Advertising Law of the People’s Republic of China (hereinafter referred to as Advertising Law) and
Article 6 of the Regulations on Advertising Administration (hereinafter referred to as the Regulations) of the State Council, any
organization that needs to engage in the advertising business should begin its operation only after obtaining the business or advertising
license and registering with competent administrations for industry and commerce. Non-profit organizations with advertising and promulgation
operations should apply to competent administrations for industry and commerce for the Advertising License.

2.

post_titles of the subjects of advertising activities: advertising operators and promulgators in the Advertising Law, namely advertising
operators in the Regulations.

3.

In case there is no corresponding legal liability clause of a certain misconduct in the Advertising Law but the Regulations contains
the corresponding penalty clause, the regulatory provisions and related penalty clauses of the Regulations may be applicable. Therefore,
advertising operations either without a license or beyond the prescribed scope of business should be punished in accordance with
Article 21 of the Implementing Rules of the Regulations on Advertising Administration.



 
The State Administration for Industry and Commerce
2001-11-17

 







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...