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2007

OFFICAL REPLY OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON RELEVANT ISSUES CONCERNING ENTERPRISES WITH FOREIGN INVESTMENT INVESTING IN THE ADVERTISING INDUSTRY WITHIN THE BORDER OF CHINA

The State Administration for Industry and Commerce

Offical Reply of the State Administration for Industry and Commerce on Relevant Issues Concerning Enterprises with Foreign Investment
Investing in the Advertising Industry within the Border of China

GongShangGuangZi [2001] No.104

April 17,2001

The administration for industry and commerce of Shanghai Municipality:

The Request of Instructions on Relevant Questions Concerning China-foreign Equity Joint Ventures Reinvesting to Set up Domestically
Funded Advertising Enterprises (HuGongShangGuang [2001] No.134) of your administration has been received. After review, we hereby
reply as follows:

1.

According to the requirements of the Interim Provisions on the Investments Enterprises with Foreign Investment Within the Border of
China (Order No.6 of 2000 of the Ministry of Foreign Trade and Economic Cooperation, the State Administration for Industry and Commerce),
China-foreign equity joint ventures must ask for administration opinions of the administrative departments of the state or of the
same level if they want to invest in restrictive industries within the border of China, thereby China-foreign equity joint ventures
shall go through the procedures of reporting the projects for approval according to relevant provisions of the Several Provisions
on Setting up Advertising Enterprises with Foreign Investment (GongShangGuangZi [1994] No.304).

2.

Generally the proportion of investment shall not be restricted when China-foreign equity joint ventures invest in the advertising
industry within the border of China.



 
The State Administration for Industry and Commerce
2001-04-17

 






SUPPLEMENTARY CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON RELEVANT MATTERS ABOUT INVESTING IN THE B STOCKS BY THE DOMESTIC RESIDENTS

The State Administration of Foreign Exchange

Supplementary Circular of the State Administration of Foreign Exchange on Relevant Matters about Investing in the B Stocks by the
Domestic Residents

HuiFa [2001] No.31

February 23, 2001

All the head banks of domestic-funded designated foreign exchange bank:

The relevant supplementary matters are now notified as follows in order to implement the Circular on Several Matters about Investing
in the B shares by the Domestic Residents (hereinafter referred to as the Circular), and to do good management of the foreign exchange
invested in the B-shares by the domestic residents:

1.

The source of the capital invested in the B-shares

(1)

The capital transferred into the B-shares account and used in the B-shares trading by the individual domestic resident shall only
be his (her) exchange bank savings (including the cash account and the bill account) deposited in the domestic commercial banks.

(2)

The capital transferred into the B-shares account and used in the B-shares trading by the non-resident shall only be that he (she)
remits directly from abroad or that he (she) deposits in the domestic sight bill account.

(3)

Neither the individual domestic resident nor the non-resident may use foreign cash to engage in the B-shares trading.

(4)

The capital deposited from February 19, 2001 (excluding February 19) to June 1, 2001 may not be used in the B-shares trading.

(5)

The capital that was deposited before February 19, 2001 but was transferred after it (including the fixed deposit to the current deposit
and the current deposit to the fixed deposit) shall be allowed to be transferred into the B-shares trading.

(6)

The capital that was transferred into the personal foreign cash account of the individual domestic resident from the B Stock security
account of the securities institutions (including eligible securities companies, trust companies and their branches, hereinafter
the same) shall not be allowed to be used in the B-shares trading before June 1, 2001. All banks shall examine strictly the kind
and the deposited date of the transferred capital of the individual resident and strictly forbid the back signing of the account-opening
date and the deposited date.

2.

The procedures of capital transfer by the resident

(1)

Before opening a B-shares account in securities institutions, the individual domestic resident shall transfer foreign cash equal to
not less than US$1000, from his (her) personal foreign exchange account, to the B-shares security account opened in the same city
or in the same bank by the securities institutions.

(2)

All the foreign capital of the individual domestic resident deposited in different currencies and in different branches of the same
bank in the same city may be transferred into the B-shares security account of the securities institutions.

(3)

When the individual domestic resident transferring the foreign capital from his (her) foreign exchange account to the B Stock security
account, the transfer between different banks or cities is not allowed. The transfer of the foreign capital that is not used in the
B-shares trading by the individual domestic resident shall still conform to the provisions of the current foreign exchange control,
and all banks shall deal with it sticking to relevant provisions, transferring only between accounts with the same post_title.

(4)

The post_title of the account from which the foreign capital is transferred out shall be the name of the B-shares trader himself (herself),
and the post_title of the B-shares security account into which the capital is transferred shall be the post_title of the securities institution
in which the B-shares security account of the B-shares trader is opened.

(5)

The transfer of the foreign exchange shall be done by the individual domestic resident himself (herself), with his (her) ID Card,
and shall not be done by any other trusted person.

3.

The confirmation of the identity

(1)

The valid identity certification of the individual domestic resident shall be his (her) ID Card.

(2)

The valid identity certification of the non-resident shall be his (her) valid foreign passport. Those who have other identity certification
shall treated as the resident.

4.

The account opening of the securities institutions

(1)

A securities institution may open separately an US$ B-shares security account and a HK$ one in different branches of the same commercial
bank in the same city. The institution may, at most, open separately one US$ account and one HK$ account, and no account of other
currencies is allowed.

(2)

Where the currency in the foreign exchange account is inconsistent with that in the B-shares security account and a currency transfer
is needed, the bank shall convert according to the quoted price of the foreign exchange at the very day of transfer.

(3)

The B-shares security account opened in the bank by the securities institutions shall be the sight bill account. Therefore, when the
bank transferring the foreign cash deposit of the individual domestic resident to the B-shares security account, it shall go through
the cash-to-bill procedure at the meanwhile.

(4)

If the securities institutions need to open a B-shares security account in the domestic foreign-funded financial institutions, they
shall, according to relevant current provisions, report for approval to the State administration of foreign exchange, and no account
may be opened without approval.

(5)

After opening the B-shares security account legally, the securities institutions of all provinces themselves shall publicize the opening
through the local media, and shall report to the local foreign exchange bureau for archivist purposes within 3 days after the opening.
When putting to arvhives, the securities institutions shall provide the post_title of the opening institution, the post_title of the opening
bank and the list of the account number of the new-opened foreign exchange account, as well as the relevant copies of account certificate
with the official seal of the sales department of the bank.

5.

The capital withdrawal of the B-shares holders

(1)

When the individual domestic resident withdrawing the capital for the B-shares trading (including such profits as interest and dividend
of the stock, etc.) from the B-shares market, the capital shall, no matter that the original capital invested in the B-shares market
was transferred out from the cash account or from the sight bill account, be only transferred to his (her) old domestic cash account
or to the newly-opened cash account, and the resident himself (herself) shall go through relevant procedures with his (her) ID Card.

(2)

When the non-resident withdrawing the capital for the B-shares trading (including such profits as interest and dividend of the stock,
etc.), he (she) may directly remit it abroad or deposit it into his (her) domestic cash account or sight bill account, and if the
amount of the capital remitted exceeds US$50,000, the bank shall report the post_title of the receiving bank and the name of the receiver
to the local foreign exchange bureau for record within 3 working days.

(3)

No individual domestic resident or non-resident may withdraw foreign cash directly from his (her) B-shares account.

6.

The operating qualification of the securities institutions

(1)

Those securities institutions that have the Permission for Operating the Foreign Exchange Business and the Certificate for Operating
the Foreign-funded Stock shall be enpost_titled to keep on brokering business of the B-shares, and their security sales departments in
all provinces shall also have the right to engage in this business, and they themselves shall open the B-shares security account
according to the provisions of the Circular (To open the B-shares security account in the domestic foreign-funded bank shall conform
to Paragraph 4 of Article 4 of this Circular.)

(2)

For those without the Permission for Operating the Foreign Exchange Business and the Certificate for Operating the Foreign-funded
Stock, if the subordinate sales department of which has the valid Permission for Operating the Foreign Exchange Business and the
Certificate for Operating the Foreign-funded Stock, and has already engaged in the B-shares business, the department shall have the
power to keep on this business, and shall open the B-shares security account according to the provisions of the Circular (To open
the B-shares security account in the domestic foreign-funded bank shall conform to Paragraph 4 of Article 4 of this Circular.

(3)

For those securities institutions as well as their branches that obtained the B-shares trading seat at Shanghai Stock Exchange or
at Shenzhen Stock Exchange before February 23, 2001, if they have not gone through the procedure of renewing for the Permission for
Engagement in the Foreign Exchange Business and the Certificate for Managing the Foreign-funded Stock, they shall have the power
to open the B-shares security account, according to the provisions of this Circular and with the above mentioned permission and certificate
as well as the certification of the B-shares trading seat produced by Shanghai Stock Exchange or by Shenzhen Stock Exchange.

(4)

For the securities institution that was rearranged or the post_title of which was changed, if it has already engaged in the brokering business
of the B-shares, it shall be enpost_titled to open the B-shares security account, according to the provisions of the Circular and with
the Permission for Engagement in the Foreign Exchange Business and the Certificate for Managing the Foreign-funded Stock obtained
before the rearrangement or the post_title changing, and with the approving documents about its rearrangement or post_title changing produced
by relevant authorities.

(5)

For those trust companies that have the Legal Person Permission of Financial Institutions, when the security sales departments of
which opening the B-shares security account in the domestic commercial bank, they may use the Legal Person Permission of Financial
Institutions instead of the Permission for Engagement in the Foreign Exchange Business, at the same time, they shall provide the
copies of the Legal Person Permission of Financial Institutions and the Certificate for Managing the Foreign-funded Stock of the
parent company. The opening of the B-shares security account by the securities institutions and their sales departments mentioned
above do not need the pre-examination of the State administration of foreign exchange. Other securities institutions without the
Certificate for Managing the Foreign-funded Stock and their branches may not engage in any foreign exchange business including the
B-shares brokering.

7.

The qualification of the banks and their branches for the operation of the B-shares business Those banks that have the right to open
B-shares security accounts for the securities institutions shall conform to the following conditions:

(1)

They shall be approved by the People’s Bank of China to operate the business of foreign exchange deposit and foreign exchange remittance.

(2)

They shall be able to meet the request of clearing time limit of the B-shares trading, which is T+3 at present.

8.

The statistics of the foreign exchange account

(1)

Starting from February, the banks shall add the “307 B-shares Security Account” to the item “Total Capital Account” of the Statistics
Report of the Foreign Exchange Account submitted to the foreign exchange bureaus, for the purpose of making statistics of the remaining
sum and its changing in the B-shares security account of the securities institutions.

(2)

During the period between Feb 26, 2001 and June 1, 2001, all the head bank of domestic-funded designated foreign exchange banks shall
fax every week to the Department of International Income and Expenses under the State administration of foreign exchange the remaining
sum at the beginning of the period and at the end of the period in the foreign exchange account of the individual domestic resident
of the whole bank system, and the telephone number is 010-68402301,the fax number is 010-68402303.

9.

The banks shall strengthen the examination of the transfer of the foreign capital of individuals, and shall forbid “depositing public
money in the name of individuals”, that is, investing the capital of institutions in the B-shares market to gamble in the name of
individuals; they shall also forbid individuals to make use of various pay orders, such as the foreign currency credit card or the
bank bill, etc., to transfer foreign exchange for laundering or for evasion or arbitration of exchanges; for those who illegally
trade in exchanges, who engage in the B-shares trading through illegal channel or using illegal capital, or who commit evasion or
arbitration of exchanges, the banks shall report in time to the foreign exchange administrations.

10.

With a view to helping all banks develop this business successfully and to guaranteeing the smooth running of the B-shares investment
by the individual domestic resident, the State administration of foreign exchange will set up consulting hot lines at the head office,
from Feb 24, 2001, to answer questions brought up by all parent commercial banks, all head offices of the securities institutions
and all branches of the foreign exchange bureaus. The telephone number is:010-68402181, and the everyday consulting time is 8:00-19:00.
At the meanwhile, all branches of the foreign exchange bureaus will provide the same consulting services. If the branches of all
commercial banks, the branches of all securities companies or the individual residents have questions or suggestions, they shall
connect with the local foreign exchange bureaus. All parent banks are expected to inform their own subordinates of this circular,
and to urge them to stick to those provision.



 
The State Administration of Foreign Exchange
2001-02-23

 






REPLY OF THE GENERAL OFFICE OF THE MINISTRY OF LABOR AND SOCIAL SECURITY ON THE ISSUES CONCERNING TIME LIMITATION ON AFFIRMATION THE OCCUPATIONAL INJURIES

The Ministry of Labor and Social Security

Reply of the General Office of the Ministry of Labor and Social Security on the Issues Concerning Time Limitation on Affirmation the
Occupational Injuries

LaoSheTingHan [2001] No.261

December 3, 2001

Labor Bureau of Dalian:

Request for Instructions on Time Limitation on Confirming the Occupational Injuries (DaLaoFa [2001] No.87) from your bureau has been
received, after disquisition, the following is the reply:

Article 11 “After received the report of occupational injuries or application on occupational injuries insurance of workers and staff,
administration of labor shall organize insurance institution of occupational injuries to investigate and shall decide whether it
is occupational injuries in 7 days. In special cases, the decision can be made in longer time, but it can’t be more than 30 days.
“of the Interim Measures on Occupational Injuries Insurance of Workers and Staff Members in Enterprises (LaoBuFa [1996] No.266),
is the time limitation for the labor administrations to affirm the occupational injuries, but is not the time limitation for the
labor security departments to accept the affirmation application of occupational injuries.



 
The Ministry of Labor and Social Security
2001-12-03

 






AMENDMENT III TO THE CRIMINAL LAW

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

(Adopted at the 25th Meeting of the Standing Committee of the Ninth National People’s Congress on December 29, 2001
and promulgated by Order No. 64 of the President of the People’s Republic of China on December 29, 2001) 

In order to punish the crimes of terrorism, to safeguard the security of the State and of people’s lives and property, and maintain
public order, additional amendments are made to the Criminal Law as follows: 

1. Article 114 is revised to read: “Whoever commits arson, breaches a dike, causes explosion, spreads poisonous or radioactive substances,
infectious-disease pathogens or other substances, or uses other dangerous means, thereby endangering public security but causing
no serious consequences, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.” 

2. The first paragraph of Article 115 is revised to read: “Whoever commits arson, breaches a dike, causes explosion, spreads poisonous
or radioactive substances, or infectious-disease pathogens or other substances, or uses other dangerous means, thereby inflicting
serious injury or death on people or causing heavy losses of public or private property, shall be sentenced to fixed-term imprisonment
of not less than 10 years, life imprisonment or death.” 

3. The first paragraph of Article 120 is revised to read: “Whoever forms or leads a terrorist organization shall be sentenced to
fixed-term imprisonment of not less than 10 years or life imprisonment; persons who actively participate in a terrorist organization
shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; other participants shall be sentenced
to fixed-term imprisonment of not more than 3 years, criminal detention, public surveillance or deprivation of political rights.” 

4. One article is added after Article 120 to be Article 120a: “Whoever provides funds to any terrorist organization or individual
who engages in terrorism shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance
or deprivation of political rights, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term
imprisonment of not less than five years, and he shall also be fined or his property shall be confiscated. 

“Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge
and the other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the preceding
paragraph.” 

5. The second paragraph of Article 125 is revised to read: “Whoever illegally manufactures, trades in, transports or stores poisonous
or radioactive substances, infectious disease pathogens or other substances, thereby endangering public security, shall be punished
in accordance with the provisions of the preceding paragraph.” 

6. Article 127 is revised to read: “Whoever steals or forcibly seizes any guns, ammunition or explosives, or steals or forcibly seizes
poisonous or radioactive substances, infectious disease pathogens or other substances, thereby endangering public security, shall
be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; if the circumstances are serious, he
shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. 

“Whoever robs any guns, ammunition or explosives, or robs poisonous or radioactive substances, infectious disease pathogens or other
substances, thereby endangering public security, or steals or forcibly seizes any guns, ammunition or explosives from State organs
or members of the armed forces, the police or the people’s militia, shall be sentenced to fixed-term imprisonment of not less than
10 years, life imprisonment or death.” 

7. Article 191 is revised to read: “Whoever, while clearly knowing that the funds are proceeds illegally obtained from drug-related
crimes or from crimes committed by organizations in the nature of criminal syndicate, crimes of terrorism or crimes of smuggling
and gains derived therefrom, commits any of the following acts in order to cover up or conceal the source or nature of the funds
shall, in addition to being confiscated of the said proceeds and gains, be sentenced to fixed-term imprisonment of not more than
5 years or criminal detention and shall also, or shall only, be fined not less than 5 percent but not more than 20 percent of the
amount of money laundried; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 5
years but not more than 10 years and shall also be fined not less than 5 percent but not more than 20 percent of the amount of money
laundried: ( 1 ) providing fund accounts; ( 2 ) helping convert the property into cash or any financial negotiable instruments; (
3 ) helping transfer the funds through transferring accounts or any other form of settlement; ( 4 ) helping remit the funds to any
other country; or ( 5 ) covering up or concealing by any other means the source or nature of the illegally obtained proceeds and
the gains derived therefrom. 

“Where a unit commits any of the crimes mentioned in the preceding paragraph, it shall be fined, and the persons who are directly
in charge and the other persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment
of not less than five years but not more than 10 years.” 

8. One article is added after Article 291 to be Article 291a: “Whoever spreads hoaxes of explosive, poisonous or radioactive substances,
of infectious-disease pathogens or of other substances, fabricates terrorist information invoking explosive, biochemical, radioactive
or other threats, or intentionally disseminates terrorist information while clearly knowing that it is fabricated, thereby seriously
disturbing public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public
surveillance; if the consequences are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.” 

9. This Amendment shall go into effect as of the date of promulgation.

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






ANNOUNCEMENT OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON CATALOG OF GOODS PROHIBITED FROM IMPORT (NO. 1)

The Ministry of Foreign Trade and Economic Cooperation

Announcement of the Ministry of Foreign Trade and Economic Cooperation on Catalog of Goods Prohibited from Import (No. 1)

[2001] No.19

December 20, 2001

In accordance with the provisions of 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, the Catalog of Goods Prohibited from Import and the Catalog of
Goods Prohibited from Export are hereby promulgated. As for the other goods prohibited from import or export that have not been included
in the present catalogs, the existing provisions shall still be implemented, and the MOFTEC will promulgate relevant catalogs one
by one in the future.

Attachment:Catalog of Goods Prohibited from Import (No. 1)

Sequence No. Code Number of Commodity post_title of Commodity Remarks

1 5069090.11 Tiger bones that have been boiled off Referring to those that have not been processed or boiled off

5069090.19 Tiger bones that have not been boiled off Referring to those that have not been processed or boiled off

2 5071000.10 Rhinoceros horns

3 13021100 Opium fluids and opium extracturm

29031400.10 carbon tetrachloride Unless used for making cleaning agents

4 29031400.90 carbon tetrachloride Unless used for making cleaning agents

29034300.90 trifluorotrichloroethane Used for cleaning agents (CFC-113)



 
The Ministry of Foreign Trade and Economic Cooperation
2001-12-20

 






TRADE UNION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

e01805

The Standing Committee of the National People’s Congress

Trade Union Law of the People’s Republic of China

Order No. 62 [2001] of president

(Adopted on April 3, 1992 at the 5th Session of the 7th National People’s Congress, Amended according to the Decision on Amending
the Trade Union Law of the People’s Republic of China at the 24th Session of the Standing Committee of the 9th National People’s
Congress on October 27, 2001)

ContentsChapter I General Provisions

Chapter II Trade Union Organizations

Chapter III Rights and Obligations of a Trade Union

Chapter IV Basic-level Trade Union Organizations

Chapter V Trade Union Funds and Assets

Chapter VI Legal Responsibilities

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated in accordance with the Constitution to protect the position of trade unions in State political, economic and
social life, to clarify the rights and obligations of trade unions and to enable them to play their proper role in the development
of China’s socialist modernization.

Article 2

Trade unions are mass organizations formed by the working classes of their own free will.

The All-China Federation of Trade Unions and all of its trade union organizations shall represent the interests of the employees and
protect the legal rights and interests of the employees.

Article 3

All laborers doing physical or mental work in enterprises, public institutions and government organs within Chinese territory who
earn their living primarily from wages shall have the right to participate in and form trade union organizations pursuant to the
law, regardless of their nationalities, races, sexes, occupations, religious beliefs or educations. No organization or individual
may hinder them from doing so or restrict them.

Article 4

Trade unions must abide by and safeguard the Constitution and use the Constitution as the standard for their basic activities, focus
on the economic development, adhere to the socialist road and people’s democratic dictatorship, insist on the leadership of the Chinese
Communist Party and the guidance of Marxism Leninism, Mao Zedong Thought and Deng Xiaoping Theory, and persevere in reform and opening
to the outside world, and the trade union work shall be carried out independently and voluntarily in accordance with the Constitution
of Trade Unions.

The trade union national representative assembly shall formulate or amend the Constitution of the All-China Federation of Trade Unions,
which shall not be in conflict in any way with China’s Constitution and laws.

The State shall protect the legal rights and interests of trade unions and any infringement of these rights and interests shall be
prohibited.

Article 5

Trade unions shall organize and educate employees to exercise their democratic rights pursuant to the provisions of China’s Constitution
and laws, to play their role as the nation’s master, participate through various channels and formats in the management of national
affairs, economic and cultural institutions and social matters, assist the people’s governments in their work, uphold the leadership
or the working classes and support the worker-peasant alliance which forms the basis of the people’s democratic dictatorship of socialist
state power.

Article 6

The basic function and duty of the trade unions is to safeguard the legal rights and interests of the employees. While upholding the
overall rights and interests of the whole nation, trade unions shall, at the same time, represent and safeguard the rights and interests
of employees.

Trade unions shall coordinate the labor relations and safeguard the labor rights and interests of the enterprise employees through
equal negotiation and collective contract system.

Trade unions shall, in accordance with legal provisions, organize the employees to participate in the democratic decision-making,
democratic management and democratic supervision of their respective units through the employee representative assembly or other
forms.

A trade union must liaise closely with employees, listen to and reflect their views and requirements, care for their livelihood, assist
them in overcoming difficulties and serve them wholeheartedly.

Article 7

A trade union shall mobilize and organize the employees to participate in the economic development actively, and to complete the production
and work assignments conscientiously, educate the employees to improve their ideological thoughts and ethics, technological and professional,
scientific and cultural qualities, and build a employee team with ideals, ethics, education and discipline.

Article 8

The All-China Federation of Trade Unions shall, in accordance with the principles of independence, equality, mutual respect and mutual
non-interference in internal affairs, improve the relations of friendly cooperation with the trade union organizations of various
other nations.

Chapter II Trade Union Organizations

Article 9

Trade union organizations at all levels shall be established in accordance with the principle of democratic centralism.

Trade union committees at all levels shall be elected by their general assemblies or representative assemblies. The close relatives
of the major principals of an enterprise may not be elected as the members of the basic-level trade union committee of that enterprise.

Trade union committees at all levels shall be responsible to and shall submit work reports to general assemblies or representative
assemblies at their respective levels and shall be subject to their supervision.

Trade union general assemblies and representative assemblies shall have the right to change or dismiss their elected representatives
or committee members.

Trade union organizations at the higher level shall lead the trade union organizations at the lower level.

Article 10

The trade union of an enterprise, public institution or government organ with 25 or more members shall establish a basic-level trade
union committee; if the members are less than 25, a basic-level trade union committee may be established separately, or a basic-level
trade union committee be established by the members of 2 units or more, or may an organizer be elected to organize activities for
the members. If the number of female employee is relatively large, a trade union committee for female employees may be established
under the leadership of the equivalent level trade union; if the number of female employee is relatively small, female employee member
shall be included in the trade union committee.

The towns and townships, and urban districts with a relatively large number of enterprise employees may establish the association
of basic-level trade unions.

A locality at county level or above shall establish a local all-level federation of trade unions.

Several enterprises of the same industry or in industries of a similar nature may establish a national or local specific industry
trade union, depending on their requirements.

The All-China Federation of Trade Unions shall operate uniformly at a national level.

Article 11

The establishment of a basic-level trade union, local all-level federation of trade unions or a national or local specific industry
trade union must be reported to the trade union organization at the next highest level for approval.

The trade unions at the higher level may assign personnel to assist the direct the enterprises to establish trade unions, no unit
or individual may obstruct.

Article 12

No unit or individual may cancel or consolidate trade union organizations.

If a basic-level trade union organization’s enterprise terminates its operations or its public institution or state organ is cancelled,
the said trade union organization shall also be cancelled and the case be reported to the trade union at the next higher level.

For the trade union cancelled according to the provisions of the preceding paragraph, the membership of its members may be reserved,
and the specific management measures shall be formulated by the All-China Federation of Trade Unions.

Article 13

The trade union of an enterprise or public institution with 200 or more workers may establish full-time trade union chairman. The
number of the full-time working personnel of the trade union shall be determine by the union and the enterprise or public institution
through consultation.

Article 14

The All-China Federation of Trade Unions, local all-level federations of trade unions and specific industry trade unions shall have
the legal person status of a social group.

Basic-level trade union organizations meeting the legal person requirements stipulated by the General Principles of Civil Law shall
be awarded the legal person status of a social group pursuant to the law.

Article 15

The terms of office of the basic-level trade union committee shall be three or five years each. The terms of office of the committees
of the local all-level federations of trade unions and of the specific industry trade unions shall be five years each.

Article 16

A basic-level trade union committee shall hold general assembly or representative assembly periodically to discuss and decide on the
major issues of the trade union work. The general assembly or representative assembly may be held temporarily upon the proposal of
the basic-level trade union committee or more than one third of the trade union members.

Article 17

During their terms of office, a trade union chairman and deputy chairman shall not be arbitrarily transferred to other positions.
When indeed necessary, approval shall be obtained from the respective level trade union committee and higher level trade union.

General assembly or representative assembly must be held to discuss the dismissal of the trade union chairman or deputy chairman,
and the chairman and deputy chairman may not be dismissed unless all members of the general assembly or half the representatives
of the representative assembly approve the dismissal.

Article 18

From the day on which the full-time chairman, deputy chairman or the committee members take their posts, the periods of their labor
contracts shall be extended automatically, the periods extended shall be equal to their respective terms of office; if the unfulfilled
labor contract periods of the non-full-time chairman, deputy chairman or the committee members are shorter than their respective
terms of office, the labor contract periods shall be extended until their terms of office expire. But those committing serious negligence
or reaching the lawful age for retirement are exceptional.

Chapter III Rights and Obligations of a Trade Union

Article 19

If an enterprise or public institution violates the provisions of the employee representative assembly system or other democratic
management systems, the trade union of the said unit shall have the right to request corrections and ensure that the employees exercise
their rights to democratic management pursuant to the law.

The enterprise or public institution shall handle pursuant to law the matters that shall be submitted to the employee assembly or
employee representative assembly for deliberation, approval and decision provided for by laws and regulations.

Article 20

A trade union shall assist and provide guidance to employees in signing labor contracts with an enterprise or a public institution
managed as an enterprise.

A trade union shall represent employees in equal negotiation and signing a collective contract with an enterprise or a public institution
managed as an enterprise. The draft of a collective contract shall be submitted to the employee representatives or the complete body
of employees for discussion and adoption.

The trade union at the next higher level shall support and assist the trade union in signing the collective contract.

If the enterprise violates the collective contract and infringes upon the rights and interests of the employees, the trade union may
ask the enterprise to bear liabilities according to law; if the dispute over the performance of the collective contract can’t be
settled through consultation, the trade union may submit it to the arbitral agency of labor dispute for arbitration, if the arbitral
agency refuses to accept the case or the trade union refuses to accept the finding of arbitration, a lawsuit may be brought before
a people’s court.

Article 21

A trade union which believes that an enterprise’s or a public institution’s punishment on an employee is inappropriate shall have
the right to put forward its views on the matter.

When unilaterally canceling the labor contract with an employee, the enterprise shall notify the trade union of the reasons in advance,
if the trade union regards that the enterprise has violated the laws, regulations and relevant contracts and requests that the case
be reinvestigated and dealt with anew, the enterprise shall deliberate the views of the trade union and notify the trade union of
the handling result in written form.

The trade union shall support and assist the employee who thinks that the enterprise has infringed upon his/her labor rights and interests,
and applies for arbitration of labor dispute or brings a lawsuit before a people’s court.

Article 22

If an enterprise or public institution has, in violation of the provisions of labor laws and regulations, infringed, as follows, upon
the labor rights and interests of the employees, the trade union shall represent the employees to negotiate with the enterprise or
public institution and request the enterprise or public institution to take measures for corrections; the enterprise or public institution
shall deliberate and handle the case, and reply to the trade union; if the enterprise or public institution refuses to make corrections,
the trade union may ask the local people’s government to handle the case according to law:

1)

pocketing part of the employees’ wages;

2)

failing to provide labor safety and health conditions;

3)

extending the labor time arbitrarily;

4)

infringing upon the special rights and interests of female employees and underage employees; and

5)

other serious infringement upon the labor rights and interests of the employees.

Article 23

A trade union shall, pursuant to State regulations, supervise the concurrent design, concurrent construction, and concurrent use of
the work conditions, and the safety and hygiene facilities of the main part of the project of a newly constructed or expanded enterprise
or of an undergoing technological transformation. The said enterprise or its department in charge shall conscientiously deal with
the views put forward by the trade union and shall notify the trade union of the outcome in written form.

Article 24

If a trade union discovers that an enterprise is breaking rules and regulations by directing or forcing workers to take risks or if
distinct and significant hidden dangers or occupational hazards are discovered during the production process, the trade union shall
have the right to suggest a resolution, and the enterprise shall study the problem and make a reply promptly; on discovering a situation
where the personal safety of workers is jeopardized, a trade union shall have the right to suggest to the enterprise that the workers
abandon the dangerous site and the said enterprise must decide promptly on the measures to resolve the matter.

Article 25

A trade union shall have the right to investigate into the issues of the infringement upon the legal rights and interests of the employees
committed by the enterprise or public institution, and the units concerned shall give assistance.

Article 26

It is necessary that a trade union take part in the investigation and handling of an job-related accident resulting in a fatality
or injury or other problems seriously endangering the health of employees. The trade union shall suggest resolutions to the relevant
authorities and have the right to require the pursuit of the liability of personnel in charge held directly responsible and other
responsible parties. The resolutions suggested by the trade union shall be studied and replied promptly.

Article 27

If an enterprise or public institution is subject to stop work or slow down measures, the trade union shall represent the employees
to negotiate with the enterprise, public institution or other relevant authorities, make known the employees’ views and requirements
and propose resolutions. The enterprise or public institution shall meet the reasonable requirements raised by the employees. And
the trade union shall assist the enterprise or public institution in its work so as to enable the normal production process to be
resumed as quickly as possible.

Article 28

A trade union shall participate in the mediation in relation to labor disputes within its enterprise.

Equivalent level trade union representatives shall participate in district labor dispute arbitration organizations.

Article 29

Trade union federations at the county level or above may provide their affiliated trade unions and employees with legal services.

Article 30

Trade unions shall assist the enterprises, public institutions and government organs in organizing employee collective welfare matters
and wage, labor safety and hygiene and social insurance work.

Article 31

Trade unions shall, in conjunction with the enterprises and public institutions, educate the employees to adopt the attitude towards
labor as the nation’s master, to take good care of the properties of the State and of the enterprises, shall organize the employees
to develop mass rationalization proposal and technological innovation activities, to undertake after-hours cultural and technical
studies and occupational training, and shall organize the employees to develop recreational and sports activities.

Article 32

According to the entrustment of the governments, the trade unions shall, in conjunction with the relevant authorities, do a good job
in the selection, commendation, fostering and management of the model workers and advanced labors (workers)

Article 33

The state organs shall listen to the view of the trade unions when drafting or amending the laws, statutory rules and regulations
directly involving the rights and interests of the employees.

The people’s governments at the level of county or above shall, when formulating the national economic and social development plans,
listen to the views of the equivalent level trade unions on the important issues involving the rights and interests of the employees.

When the people’s governments at the county level or above and their relevant authorities formulate important policies or measures
on employment, wage, labor safety and hygiene, social insurance, etc, the equivalent level trade unions shall be invited to participate
in the research work and the views of the said trade unions shall be taken into consideration.

Article 34

The people’s governments at the county level or above may hold meetings or adopt appropriate methods to report the respective governments’
important work plans and administrative measures relating to trade union work to their equivalent level trade unions and shall study
and determine the ways of handling the suggestions and requests of the working masses reflected through the trade unions.

The administrative departments of labor of all levels of people’s governments shall, in conjunction with the representatives of their
equivalent level trade unions and the enterprises, establish the trilateral negotiation system to jointly study and solve the major
problems relating to labor relations.

Chapter IV Basic-level Trade Union Organizations

Article 35

The employee representative assembly of a state-owned enterprise shall be the basic-level structure through which the enterprise executes
democratic management as it is the body through which the employees may exercise their rights to democratic management in accordance
with the legal provisions.

The trade union committee of a state-owned enterprise shall be the working body of the employee representative assembly and shall
be responsible for the daily affairs of the employee representative assembly and for inspecting and supervising the implementation
of resolutions of the employee representative assembly.

Article 36

The trade union committee of a collective enterprise shall support and organize the employees’ participation in democratic management
and democratic supervision and shall safeguard the rights of employees to elect and dismiss administrative personnel and to determine
important issues relating to operational management.

Article 37

The trade union committees of the enterprises and institutions apart from those provided for in Article 35 and Article 36 of this
Law shall organize the employees’ participation in the democratic management of the enterprises and public institutions through the
corresponding methods of the enterprises and public institutions according to the legal provisions.

Article 38

Enterprises and public institutions shall listen to the views of the trade unions when studying the important issues relating to the
operational management and development; and the participation of trade union representatives is necessary in the meetings convened
to discuss matters, such as wages, welfare, labor safety and hygiene, and social insurance, which involve the personal rights and
interests of the employees.

The enterprises and public institutions shall support the trade unions in carrying out their work pursuant to the law and the trade
unions shall support the enterprises and public institutions in exercising the right to operation and management pursuant to the
law.

Article 39

The election of employee representatives from the board of directors or board of supervisors of an enterprise shall be subject to
the relevant provisions of the Company Law.

Article 40

A basic-level trade union committee convening a meeting or organizing activities for employees shall do so in time outside production
or work hours. If it is necessary to occupy production or work hours, prior approval of the enterprise or public institution shall
be required.

If a non-full-time trade union committee member of the basic-level trade union uses production or work hours to participate in a union
meeting or undertake the trade union work not more than 3 workdays each month, the member’s wages shall be issued as usual and other
benefits shall not be affected.

Article 41

The full-time working personnel of the trade union committees of enterprises, public institutions or government organs shall have
their wages, awards and bonuses paid by the units to which they belong. With regard to social insurance and other welfare benefits,
the same treatment shall be enjoyed by them as that enjoyed by the said units’ employees.

Chapter 5 Trade Union Funds and Assets

Article 42

The sources of trade union funds shall be as follows:

1)

membership dues paid by union members;

2)

monthly allocations of 2% of the total wages of all of its employees paid to a trade union as funds by the enterprise, public institution
or government organ which established the said trade union organization;

3)

income turned in by the enterprise or public institutions to which the trade union is subordinated;

4)

people’s government subsidies; and

5)

other income.

The funds allocated by the enterprise or pubic institution provided for in item 2) of the preceding paragraph shall be paid before
tax collection.

Trade union funds shall be used primarily to serve the employees and for the trade union activities. Detailed measures on the use
of such funds shall be formulated by the All-China Federation of Trade Unions.

Article 43

If an enterprise or public institution delays or refuses the payment of trade union funds without justified reasons, the basic-level
trade union or the trade union at the next higher level may apply to the local people’s court for order of payment; in case the enterprise
of public institution refuses to execute the order of payment, the trade union may apply to the people’s court for enforcement according
to law.

Article 44

A trade union shall work out its own budget and final accounts, as well as its own fund inspection and supervisory systems in accordance
with the principle of independent accounting.

All levels of trade unions shall establish fund inspection committees.

The fund income and expenditure of trade unions at all levels shall be investigated by the equivalent level fund inspection committees
and periodic reports shall be made to the members’ general assemblies or representative assemblies and be subject to supervision.
A trade union general assembly or representative assembly shall have the right to put forward suggestions on the use of trade union
funds.

The use of trade union funds shall be subject to the supervision of the State according to law.

Article 45

People’s governments at all levels and enterprises, public institutions and government organs shall provide the necessary facilities,
venues and other material requirements of trade union organizations handling office matters and arranging union activities.

Article 46

No organization or individual may occupy, misappropriate or arbitrarily allocate a trade union’s assets, funds or immovable property
allocated by the State for use by the trade union.

Article 47

The jurisdictional framework of those enterprises and public institutions serving employees to which the trade unions are subordinated
shall not be altered arbitrarily.

Article 48

Persons retiring from positions with trade unions at the county level or above shall receive the same benefits as that of the persons
working for State organs.

Chapter VI Legal Responsibilities

Article 49

A trade union shall have the right to submit the infringement upon its legal rights and interests violating the provisions of this
Law to the people’s government or the departments concerned for handling, or to bring a lawsuit before the people’s court.

Article 50

Those, in violation of the provisions of Article 3 , Article 11 of this Law that obstruct the employees from participating in or
organizing trade unions according to law or that obstruct the trade unions at the next higher levels from assisting and giving guidance
in the establishment of trade unions shall be ordered by the administrative departments of labor to make corrections; those refusing
to make corrections shall be submitted by the administrative departments of labor to the people’s governments at the level of county
or above for handling; those causing serious results by the means of violence or threats and constituting crimes shall be investigated
into for criminal responsibilities.

Article 51

Those, in violation of the provisions of this Law, that make vindictive attacks by transferring the working personnel of trade unions
performing their duties according to law from their posts without justified reasons shall be ordered by the administrative departments
of labor to make corrections; and shall make compensation if any loss is caused.

Those that insult, defame or make personal injuries to the trade union working personnel performing duties according to law and thus
committed crimes shall be investigated into for criminal responsibilities; in case a crime hasn’t been constituted, the public security
departments shall give punishment according to the regulations on punishment in respect to management of pubic security.

Article 52

Those, in violation of the provisions of this Law, who is under any of the following circumstances shall be ordered by the administrative
departments of labor to resume the employees’ work and reissue the remuneration that should be paid during the cancellation of labor
contracts, or be ordered to make compensation of two times the annual income of the said employees:

1)

the employees’ labor contracts are cancelled because of the employees’ participation in trade union activities; or

2)

the labor contracts of the trade union working personnel are cancelled because of their performance of the duties provided for by
this Law.

Article 53

Those, in violation of the provisions of this Law, committing any of the following acts shall be ordered to make corrections and be
dealt with by the people’s governments at the level of county or above according to law:

1)

hindering the trade union organizations in organizing the employees to exercise the democratic rights through the employee representative
assemblies or other forms according to law;

2)

illegally canceling or consolidating the trade union organizations;

3)

hindering the trade unions from participating in the investigation and handlings of the job-related accidents resulting in fatality
or personal injuries of the employees and other infringement upon the legal rights and interests of the employees; and

4)

refusing to make equal negotiation without justified reasons.

Article 54

For those, in violation of the provisions of Article 46 of this Law, occupying the trade union funds and refusing to return, the
trade unions may bring lawsuits before the people’s courts, request the return of the funds and compensation for losses.

Article 55

The working personnel, in violation of the provisions of this Law, damaging the rights and interests of the employees or trade unions
shall be ordered by the equivalent level trade unions or the trade unions at the next higher levels to make corrections or be given
punishment; those under serious circumstances shall be dismissed according to the Constitution of the All-China Federation of Trade
Unions; those causing losses shall bear the responsibilities for compensation; and those constituting crimes shall be investigated
into for criminal responsibilities.

Chapter VII Supplementary Provisions

Article 56

The specific measures for the implementation of this Law of the trade unions of state organs shall be formulated by the All-China
Federation of Trade Unions together with the relevant state organs.

Article 57

This Law shall enter into force as of the date of promulgation. The Trade Union Law of the People’s Republic of China, issued on June
29, 1950 by the People’s Central Government, shall be annulled simultaneously.



 
The Standing Committee of the National People’s Congress
2001-10-27

 






CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON CANCELLING THE ADMINISTRATIVE RESTRICTION OF OPERATION QUALIFICATION FOR EXPORT OF SEMI-FINISHED SILK PRODUCTS

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation on Cancelling the Administrative Restriction of Operation Qualification
for Export of Semi-finished Silk Products

WaiJingMaoFa [2001] No.545

September 22, 2001

The Committees (Departments, Offices) of Foreign Trade and Economic Cooperation of all provinces, autonomous regions, municipalities
directly under the Central Government and municipalities separately listed on the State plan:

In order to act in the spirit of the State Council on deepening the reform of cocoon circulation system, to accommodate to the new
situation after China joined the WTO and to create export environment with fair competition for various kinds of enterprises, the
Ministry of Foreign Trade and Economic Cooperation has decided to cancel the administrative restriction of operation qualification
for export of semi-finished silk products, the various kinds of enterprises that have obtained the qualification to engage in the
import and export business may export semi-finished silk products within their respective business scopes. The export of semi-finished
silk products by manufacturing enterprises will no longer be subject to the administration of archives and registration.

The granting of export quota for semi-finished silk products shall still be carried out according to the existing measures. The departments
in charge of foreign trade and economic cooperation of all localities shall earnestly act in the spirit of “grand trade and economic
cooperation” strategy, treat various kinds of export enterprises equally with respect to the assignment of export quota, and continue
to vigorously support the enterprises that have advantages in scale and famous brands as well as strong business capacities in their
export of products.

This is hereby the notification.



 
The Ministry of Foreign Trade and Economic Cooperation
2001-09-22

 






ANNOUNCEMENT OF THE GENERAL ADMINISTRATION OF CUSTOMS ON THE REGULATIONS GOVERNING THE STEEL BILLET IMPORT DECLARATION BY ENTERPRISES WITH FOREIGN INVESTMENT

The General Customs Administration

Announcement of the General Administration of Customs on the Regulations Governing the Steel Billet Import Declaration by Enterprises
with Foreign Investment

[2001] No.10

July 31, 2001

In order to prevent the excessive steel billet import from adversely impacting the domestic market and disrupting the import order,
and according to the Urgent Circular on the Administration of Steel Billet Imports by Enterprises with Foreign Investment, the steel
billet import declaration submitted by enterprises with foreign investment shall be handled by the relevant customs bureau according
to the following stipulations:

I.

Starting from July 30, steel billet imports for producing domestically sold products by enterprises with foreign investment shall
obtain customs clearance only upon presentation of the Import Registration Certificate of Specific Goods of Enterprises with Foreign
Investment bearing the special seal for import examination and verification of enterprises with foreign investment issued by the
Ministry of Foreign Trade and Economic Cooperation. For steel billet imports that arrive on July 30 or afterwards and without the
aforementioned certificate, the relevant enterprise shall apply, after the arrival of its imported goods, to the Ministry of Foreign
Trade and Economic Cooperation for a certificate bearing the Special Stamp for Import Examination and Verification of Enterprises
with Foreign Investment within the prescribed time limit, otherwise the imported goods shall be handled as having no certificate.

II.

Customs bureaus shall handle relevant procedures for the check and clearance of the imported goods that arrived before July 30 if
the importing enterprise can provide, within the time limit for late declaration, the certificate bearing the Special Stamp for Import
Examination and Verification of Enterprises with Foreign Investment of the Ministry of Foreign Trade and Economic Cooperation. Otherwise,
the steel billet imports shall be shipped back.

These provisions are not applicable to steel billet imports for processing trade.

This announcement has come into effect as of July 30, 2001.



 
The General Customs Administration
2001-07-31

 






MEASURES FOR FOREIGN EXCHANGE MANAGEMENT IN INTERNATIONAL MARITIME INDUSTRY STATE ADMINISTRATION OF FOREIGN EXCHANGE

Measures for Foreign Exchange Management in International Maritime Industry State Administration of Foreign Exchange

May 26, 2001

In order to promote the further development of international maritime industry, standardize the management over the foreign exchange
receipts and disbursements in the international maritime industry, after consultation with the Ministry of Communication, the Ministry
of Foreign Trade and Economic Cooperation and other departments, related issues concerning the management of the purchase and payment
of foreign exchange and the accounts of foreign exchange in international marine are hereby notified as follows:

1.

Maritime freight and related charges under the international trade must be paid by enterprises which are authorized to engage in import
and export trade by the departments of Foreign Trade and Economic Cooperation (hereinafter referred to as freighters) from their
foreign exchange accounts or by purchasing foreign exchange in the designated foreign exchange banks to domestic international shipping
agencies (hereafter referred to as shipping agencies) which have been approved by the communication departments to engage in the
international shipping agency business, or international shipping transport companies (hereinafter referred to as shipping transport
companies) which have been approved by the communication departments to engage in the international carrying trade , or domestic
solely foreign-funded shipping enterprises . Freighters may entrust international goods transport agencies (hereinafter referred
to as goods transport agencies), which have been approved by the departments of Foreign Trade and Economic Cooperation to engage
in the international goods agency business to pay the maritime freight and other charges for themselves.

Freighters may not pay the maritime freight and related charges directly to overseas transport enterprises in international trade.
Any maritime freight and related charges received within the territory of China may not go through the procedures of remitting abroad
only after the overseas transport enterprises have authorized domestic shipping agencies or domestic solely foreign-funded shipping
enterprises to go through related procedures in accordance with the Measures for Tax Collection of Shipping Transport Incomes of
Foreign Companies.

2.

When the freighters pay the international maritime freight and related charges in international trade to domestic goods transport
agencies, shipping agencies, shipping transport companies and solely foreign-funded shipping enterprises, they shall apply to pay
or purchase foreign exchange from their foreign exchange accounts in the designated foreign exchange banks with the following certificates
and documents. The procedures of purchasing or paying the foreign exchanges shall be gone through only after the designated foreign
exchange banks have examined and guaranteed the correctness, and the originals of the special invoices for international transport
industry of joint foreign exchange purchase and payment shall be kept for 5 years for archivist purposes: (1) import contracts or
export contracts; (2) special invoices for international transport industry.

Special invoices for international transport industry refer to the “special transport invoices for international maritime industry”,
“special invoices for shipping agency of international maritime industry” provided in the Circular of Related Issues concerning the
Implementation of Special Invoices for International Maritime Industry (No.9 (2000) SAT) issued by the State Administration of Taxation
and the Ministry of Communications, and the “special invoices for international goods transport agency industry” provided in the
Circular of Adding Joint Foreign Exchange Purchase and Payment in the ￿￿Special Invoices for International Goods Transport Agency
Industry’ (Letter No.155 (2001) SAT) issued by the State Administration of Taxation and the Ministry of Foreign Trade and Economic
Cooperation

3.

The goods agencies may go thorough the procedures of transferring the international maritime freight and related charges to the domestic
shipping agencies with the “special invoices for marine agency of international maritime industry”; the goods agencies and shipping
agencies may go thorough the procedures of transferring the international maritime freight and related charges to the domestic shipping
transport companies or solely foreign-funded shipping enterprises with the “special transport invoices for international maritime
industry” .

Neither goods agencies nor shipping agencies may purchase foreign exchange to pay international maritime freight and related charges.

4.

When the shipping transport companies pay port charges, fuel charges and other related transport charges under the head of international
transport, they shall pay the charges from their foreign exchange accounts with invoices or payment lists and other related certificates
and may not pay the charges by purchasing foreign exchange. .

5.

The goods agencies, shipping agencies and shipping transport companies may open special foreign exchange accounts for international
maritime business upon the approval of the State Administration of Foreign Exchange or its subsidiaries (hereinafter referred to
as foreign exchange administrations).

6.

The special foreign exchange accounts for international maritime business opened by the goods agencies and shipping agencies may receive
international maritime freight and related charges paid by domestic freighters, goods agencies and shipping agencies, and the international
maritime freight and related charges paid abroad; The accounts may be used to pay international maritime freight and related charges
paid abroad, and the international maritime freight and related charges transferred to domestic goods agencies, shipping agencies,
shipping transport companies and solely foreign-funded shipping enterprises .

7.

The special foreign exchange account for international maritime opened by the shipping transport companies may be used to receive
international maritime freight and related charges paid by domestic freighters, goods agencies and shipping agencies, and the international
maritime freight and related charges paid abroad; and such accounts may be used to pay port charges, fuel charges and related charges
paid abroad.

8.

The goods agencies, shipping agencies, shipping transport companies shall open the special foreign exchange accounts for international
maritime shipping in accordance with the related provisions in Chapter 2 of the Provisions Concerning the Management of Domestic
Foreign Exchange Accounts

9.

When the goods agencies, shipping agencies and shipping transport agencies open special foreign exchange accounts for international
maritime shipping, the Administration of Foreign Exchange shall appraise and decide the maximum amount limitations of the accounts
in accordance with 3 times of the monthly average amount of foreign exchange used in last year, and shall indicate it in the Use
Permit of Foreign Exchange Account.

Regarding the newly established goods agencies, shipping agencies, shipping transport companies, the maximum amount limitations of
their accounts shall be appraised and decided in accordance with the maximum limitations of the same kind of enterprises of the same
size. The Administration of Foreign Exchange shall adjust the maximum amount limitations of the accounts for the year.

10.

The opening and usage of foreign exchange accounts of solely foreign-funded shipping enterprises, as well as the appraisal and determination
of the maximum amount limitations shall be in accordance with the Regulation on Administration of Domestic Foreign Exchange Account
and other provisions in respect of the management of foreign exchange accounts.

11.

If the foreign exchange income of the goods agency, shipping agency, shipping transport company or solely foreign-funded shipping
enterprises exceed the maximum amount limitations of foreign exchange account thereof, the agency or company shall sell foreign exchange
to the designated foreign exchange banks within 5 workdays, and for those failed to settle the foreign exchange before the expiry
date, the banks at which they have opened an account shall report to the local administration of foreign exchange and the administration
shall order the agency or company to settle the foreign exchange.

12.

The foreign exchange administrations shall, jointly with the departments of foreign trade and economy and the departments of traffic
management, check the expenses and receipts, sales and purchase of foreign exchange and account opening of domestic goods agencies,
shipping agencies and shipping transport companies on a yearly basis. And the administrations of foreign exchange shall punish those
that violate the related provisions concerning foreign exchange management in accordance with the Regulations of the People’s Republic
of China on the Administration of Foreign Exchange and other provisions.

13.

The designated foreign exchange banks and the financial institution which open the accounts shall take the response for go through
the procedures of receiving, paying, selling and purchasing the foreign exchange and opening the account for the goods agencies,
shipping agencies, shipping transport companies, solely foreign-funded shipping enterprises and freighters in accordance with the
provisions of the present circular and other provisions concerning foreign exchange management. The administrations of foreign exchange
shall punish those that violate the provisions in accordance with the Regulations of the People’s Republic of China on the Administration
of Foreign Exchange and other provisions.

14.

The present Circular shall enter into force as of June 1, 2001. In case any provisions previously promulgated conflict with the present
circular, the present circular shall prevail.



 
The State Administration of Foreign Exchange
2001-05-26

 






REPLY OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON THE ISSUE WHETHER COMPANIES SHOULD SUBMIT EVIDENCE OF TRIPLE NEWSPAPER ANNOUNCEMENTS FOR APPLICATIONS FOR REGISTRATION CANCELLATION

The State Administration for Industry and Commerce

Reply of the State Administration for Industry and Commerce on the Issue Whether Companies should Submit Evidence of Triple Newspaper
Announcements for Applications for Registration Cancellation

GongShangQiZi [2001] No.102

April 13, 2001

Hubei Administration for Industry and Commerce:

We have studied the Request of Wuhan Administration of Industry and Commerce of your province for Instructions on Whether Companies
should Submit Evidence of Triple Newspaper Announcements for Applications for Registration Cancellation (WuGongShang [2001] No.23)
and now reply as follows:

Article 37 of the Regulations on Company Registration Administration clearly prescribes for the documents to be submitted by companies
applying for registration cancellation, which do not explicitly require the submission of evidence of public notice. Public announcements
at a minimum of three times are required legal procedures to be performed by the liquidation group after its establishment, requirements
of the Corporate Law on the liquidation group and effective measures to protect the obligee. The liquidation report should therefore
reflect such contents. Any losses incurred by companies or obligees as a result of violation of the legal procedures and purposeful
or fatal misconduct on the part of the liquidation group should be borne by the liquidation group and its members. The Regulations
on Company Registration Administration clearly stipulates that applications for registration cancellation should require the submission
of liquidation reports verified by the board of shareholders or other related authorities. Liquidation reports without explicit
statements of triple public announcements and completion of the settlement of equity and liabilities should be returned by company
registration authorities for revision. Evidence of triple public announcements doe not constitute a required document for applications
for registration cancellation.



 
The State Administration for Industry and Commerce
2001-04-13

 






1...678...15Page 7 of 15

CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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