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CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON ADJUSTING THE STAMP TAX RATE OF SECURITIES (STOCK) TRANSACTION

the Ministry of Finance, the State Administration of Taxation

Circular of the Ministry of Finance and the State Administration of Taxation on Adjusting the Stamp Tax Rate of Securities (Stock)
Transaction

Cai Shui [2005] No. 11

Shanghai Municipal Financial Administration, Shanghai Municipal Administration of State Taxation, Shenzhen Municipal Financial Administration,
Shenzhen Municipal office of State Taxation, Shanghai Stock Exchange, and Shenzhen Stock Exchange:

Upon the approval of the State Council, the stamp tax rate of securities (stock) transaction is decided to be adjusted from January
24, 2005. For those who deal in, inherit or donate the documentation of transfer of the stock right of A and B shares, both parties
who sign the documentation shall pay stamp tax of the securities (stock) transaction according to the rate of l￿￿p>Please implement it accordingly.

the Ministry of Finance

the State Administration of Taxation

January 24, 2005



 
the Ministry of Finance, the State Administration of Taxation
2005-01-24

 






DECREE OF THE STATE COUNCIL CONCERNING THE IMPLEMENTATION OF THE POLICY OF PROTECTING REMITTANCES BY OVERSEAS CHINESE

Category  LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND HONG KONG, MACAO AND TAIWAN Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1955-02-23 Effective Date  1955-02-23  


Decree of the State Council Concerning the Implementation of the Policy of Protecting Remittances by Overseas Chinese



(Promulgated on February 23, 1955)

    Overseas remittances are incomes of overseas Chinese earned from labour
and other professional operations, and are used for supporting their relatives
residing in China; overseas remittances, one of the legitimate rights and
interests of overseas Chinese and their relatives, are closely connected with
the personal interests of overseas Chinese, and are the financial sources that
the broad masses of the relatives of overseas Chinese rely on for their
livelihood. Moreover, overseas remittances play a positive role in the
building of the country, and are in the interest of the people of the whole
country. Especially in places where relatives of overseas Chinese are
concentrated, overseas remittances have played markable role in promoting
economic prosperity in their local areas and in developing cultural and public
welfare undertakings. Such being the case, cadres at various levels,
especially cadres at the county, district, and tonwship levels, should foster
a profound understanding of the important role played by overseas remittances,
and pay due attention to them accordingly.

    In the past five years, the State has consistently and resolutely
protected overseas remittances and carried out the policy of “facilitating the
handling of overseas remittances and serving the compatriots residing abroad”.
In order to show consideration for the interests of our compatriots residing
abroad and for the relatives of overseas Chinese, the State has set reasonable
foreign exchange quotations. In the early years after Liberation, in order to
protect the relatives of overseas Chinese from the impact of fluctuations of
commodity prices, the State formulated procedures for making remittances and
deposits in the original foreign currencies. And, after the currency system of
our country became stable and the currencies of some countries were
devaluated, the State again formulated measures for making remittances in
Renminbi (RMB), so as to protect the interests of our compatriots residing
abroad and of the relatives of overseas Chinese.

    However, cases have been discovered that grass-roots administrative
departments in some areas have failed to implement thoroughly the State policy
for protecting overseas remittances; local cadres in some areas inhabited by
relatives of overseas Chinese have failed to gain a good understanding of the
significance of overseas remittances and of the State policy for protecting
overseas remittances; and in some areas inhabited by relatives of overseas
Chinese, cases even exist that the use of overseas remittances by the
relatives has been meddled with to varying extents. In order to protect the
interests of our compatriots residing abroad and of the relatives of overseas
Chinese, in accordance with the provisions in Article 11 of the Constitution
of the People’s Republic of China: “The State protects citizens’ proprietary
rights of their lawful incomes, deposits, houses, and various means of
livelihood”, the Decree to implement the policy of protecting overseas
remittances is hereby issued:

    1. Overseas remittances are the lawful incomes of the relatives of
overseas Chinese; the policy for protecting overseas remittances is a State
policy not only for the present, but also for a long period to come.

    2. When soliciting the relatives of overseas Chinese for joining various
types of cooperatives, for patriotic deposits, or for buying government bonds,
it is imperative that all be done on a completely voluntary basis. No
individual or organization shall be permitted to borrow money from the
relatives of overseas Chinese by coercion, and nor shall they be permitted to
withhold overseas remittances, or to embezzle, under any pretext, overseas
remittances. Any case of embezzlement of overseas remittances shall be dealt
with in light of the seriousness of the case; those lawless persons who have
misappropriated, embezzled, falsely claimed, or stolen overseas remittances
must be punished according to law.

    3. Relatives of overseas Chinese shall have the freedom to spend their
overseas remittances and no person shall be permitted to meddle with relatives
of overseas Chinese in their spending overseas remittances on their private
life, including wedding ceremony, funeral ceremony, and other jubilant
celebrations.

    4. The State encourages overseas Chinese and their relatives to invest
their overseas remittances in production, or to buy shares from State
investment companies; the State also encourages overseas Chinese and their
relatives to build houses, for which the local state administrative organs at
various levels shall provide facilities. Overseas Chinese have consistently
shown enthusiasm in supporting the public welfare undertakings in their native
places, such as building schools and hospitals, water conservancy projects,
bridges and roads, etc. The local state administrative organs at various
levels should show concern for all these undertakings, and give them guidance
and assistance; and when it is necessary, give them commendations.

REGULATIONS FOR THE PROTECTION OF THE TRADITIONAL ARTS AND HANDICRAFTS

Category  INTELLECTUAL PROPERTY RIGHT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-05-20 Effective Date  1997-05-20  


Regulations for the Protection of the Traditional Arts and Handicrafts



(Promulgated by Decree No. 217 of the State Council of the People’s

Republic of China on May 20, 1997)

    Article 1  These Regulations are formulated with a view to protecting
the traditional arts and handicrafts and promoting the prosperity and
development of the cause of the traditional arts and handicrafts.

    Article 2  The traditional arts and handicrafts referred to in these
Regulations mean varieties and techniques of handicrafts having a long
history of over one hundred years with superb craftsmanship handed down
from generations with complete technical processes, made with natural raw
materials with distinct national styles and local characteristics and
enjoying a good reputation at home and abroad.

    Article 3  The State implements the policy of protection, development
and improvement in respect of the varieties and techniques of the traditional
arts and handicrafts.

    The local People’s Governments at all levels should step up leadership
in the protection of the traditional arts and handicrafts and adopt effective
measures to support and promote the prosperity and development of the cause
of the traditional arts and handicrafts of the respective localities.

    Article 4  The department in charge of the protection of the traditional
arts and handicrafts under the State Council shall be responsible for the
protection of the traditional arts and handicrafts throughout the country.

    Article 5  The State practises the system of affirmation in respect of
the varieties and techniques of the traditional arts and handicrafts. The
varieties and techniques of the traditional arts and handicrafts in line
with the conditions stipulated in Article 2 of these Regulations shall be
affirmed as the varieties and techniques of the traditional arts and
handicrafts pursuant to the provisions of these Regulations.

    Article 6  The varieties and techniques of the traditional arts and
handicrafts shall be evaluated and examined by the evaluation and examination
board composed of specialists employed by the department in charge of the
protection of the traditional arts and handicrafts under the State Council;
the department in charge of the protection of the traditional arts and
handicrafts under the State Council shall grant affirmation and make public
announcements on the basis of the evaluation and examination conclusions of
the evaluation and examination board.

    Article 7  Enterprises and individuals engaging in the making of products
of the traditional arts and handicrafts may submit applications for the
protection of the varieties and techniques to the departments in charge of
the protection of the traditional arts and handicrafts of the local People’s
Governments at the county level, and recommendations made to the department
in charge of the protection of the traditional arts and handicrafts under
the State Council by the departments in charge of the protection of the
traditional arts and handicrafts of the People’s Governments of the provinces,
autonomous regions and municipalities directly under the Central Government
upon examination and verification.

    Article 8  Enterprises and individuals applying for the affirmation of
the varieties and techniques of the traditional arts and handicrafts should,
in compliance with the provisions of the department in charge of the
protection of the traditional arts and handicrafts under the State Council,
present complete, detailed and truthful information.

    Article 9  The State adopts the following protective measures in the
affirmation of the techniques of the traditional arts and handicrafts:

    (1)gathering, compiling and setting up of archives;

    (2)collection and storing up of excellent representative works;

    (3)determination of the classification of technical secrets and
protection of the secrets in accordance with law; and

    (4)subsidizing research and training of qualified personnel.

    Article 10  Outstanding works among varieties of the traditional arts
and handicrafts shall, upon evaluation and examination by the evaluation and
examination board composed of specialists employed by the department in
charge of the protection of the traditional arts and handicrafts under the
State Council, be named China art and handicraft treasures(hereinafter
referred to as treasures) by the department in charge of the protection
of the traditional arts and handicrafts under the State Council.

    Article 11  The State adopts the following protective measures in respect
of the treasures:

    (1)The treasures collected and purchased by the State shall be stored
by the China Arts and Handicrafts Gallery or the arts and handicrafts
galleries and museums of the provinces, autonomous regions and municipalities
directly under the Central Government.

    (2)Export of the treasures shall be prohibited. Exhibition of the
treasures abroad must be subjected to the approval of the department in
charge of the protection of the traditional arts and handicrafts under the
State Council in conjunction with the departments concerned under the
State Council.

    Article 12  Individuals meeting the following conditions and engaging
in the making of products of the traditional arts and handicrafts for a
long duration may, upon evaluation and examination of the evaluation and
examination board, be conferred the post_title of Masters of Chinese Arts and
Handicrafts by the department in charge of the protection of the traditional
arts and handicrafts under the State Council:

    (1)those with outstanding achievements and enjoying a good reputation
at home and abroad; and

    (2)those with superb craftsmanship and forming their own schools.

    Article 13   The People’s Governments at all levels and departments and
units concerned should care for and support the creations of Masters of
Arts and Handicrafts, and create good working environment and conditions
for them in accordance with the following provisions:

    (1)The unit wherein the Master of Arts and Handicrafts is employed
sets up a Master’s studio for him or her;

    (2)A Master of Arts and Handicrafts is enpost_titled to engraving his or her
name on his or her works;

    (3)To create facilities for Masters of Arts and Handicrafts to take on
apprentices and pass on the techniques; and

    (4)The retirement age of Masters of Arts and Handicrafts may be
appropriately extended in accordance with the relevant provisions of
the State.

    Article 14  Overall planning and appropriate arrangements should be
worked out by the departments concerned of the People’s Governments above
the county level in respect of natural raw materials and materials
needed especially for the making of the varieties of the traditional
arts and handicrafts.

    Article 15  The State steps up protection in accordance with law and
strictly prohibits indiscriminate mining and digging in respect of such
rare minerals as gems and jades needed especially for the making of
varieties of the traditional arts and handicrafts.

    Article 16  The State encourages local People’s Governments at all levels
to take necessary measures to tap into and salvage techiniques of the
traditional arts and handicrafts, collect masterpieces of the traditional
arts and handicrafts, train personnel in techniques of the traditional arts
and handicrafts, and subsidize scientific research in the traditional arts
and handicrafts in the light of the actual conditions of the localities.

    Article 17  For enterprises engaging in the making of varieties of arts
and handicrafts with low economic benefits but high artistic values and
facing the techniques being lost, the People’s Government at all levels
should take necessary measures to render support and assistance.

    Article 18  Enterprises engaging in the making of products of the
traditional arts and handicrafts should establish and perfect the protection
or security system for the techniques of the traditional arts and handicrafts
and strengthen in real earnest the management of the techniques of the
traditional arts and handicrafts.

    Individuals engaging in the making of traditional arts and handicrafts
products should abide by the provisions of the relevant laws and regulations
of the State and must not divulge any technical secret and other commercial
secret known in the process of making the traditional arts and handicrafts
products.

    Article 19  For units and individuals making outstanding contributions
to the cause of inheriting, protecting and developing the traditional arts
and handicrafts, the State shall give rewards.

    Article 20  Whoever in violation of the provisions of these Regulations
having committed any of the following acts shall be given administrative
punishment or administrative penalty by the department concerned pursuant
to the provisions of the relevant laws and regulations; for those which
constitute a criminal offence, criminal liabilities shall be investigated
in accordance with law:

    (1)burglary or disclosure of technical secrets of the traditional arts
and handicrafts;

    (2)illegal mining of rare mineral resources for the making of traditional
arts and handicrafts or pirating and selling of rare mineral products for the
making of traditional arts and handicrafts; and

    (3)smuggling of art treasures out of the country.

    Whoever making and selling fake or imitated works of the traditional arts
and crafts with names of Masters of China Arts and Handicrafts affixed
thereon should bear civil liabilities in accordance with law; the departments
concerned may, in accordance with the provisions of the relevant laws and
regulations, impose administrative penalties.

    Article 21  These Regulations come into force as of the date of
promulgation.



CIRCULAR OF THE STATE COUNCIL FOR APPROVING AND TRANSMITTING THE REPORT SUBMITTED BY THE PEOPLE’S BANK OF CHINA REQUESTING INSTRUCTIONS ON STRENGTHENING THE ADMINISTRATION OF THE ISSUANCE OF GOLD AND SILVER COINS (OR BADGES) FOR SALES TO FOREIGN COUNTRIES

Category  BANKING Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1979-10-22 Effective Date  1979-10-22

 

Circular of the State Council for Approving and Transmitting the Report Submitted by the People’s Bank of China Requesting Instructions
on Strengthening the Administration of the Issuance of Gold and Silver Coins (or Badges) for Sales to Foreign Countries

Report Requesting Instructions on Strengthening the Administration of the
Notes:

(October 22, 1979)

The State Council has approved the Report Requesting Instructions on
Strengthening the Administration of the Issuance of Gold and Silver Coins
(or Badges) for Sales to Foreign Countries, which was submitted by the
People’s Bank of China, and hereby transmits it to you for implementation.
Report Requesting Instructions on Strengthening the Administration of the
Issuance of Gold and Silver Coins (or Badges) for Sales to Foreign Countries
(Excerpts)

The following suggestions are put forward with a view to strengthening
currency control and control of gold and silver and maintaining China’s
reputation in issuing commemorative coins (or souvenir badges):

1. The People’s Bank of China shall be exclusively responsible for the
designing, manufacture and issuance of gold and silver commemorative coins.
No other departments or units shall be permitted to mint or issue such
coins (including coins made of other substances).

2. The Bank of China (and its branches abroad) shall be exclusively
responsible for the distribution of gold and silver commemorative coins (or
souvenir badges) to foreign countries in order to facilitate the unified
control of foreign exchange revenues.(Note 1.)

3.Gold and silver souvenir badges shall be exclusively manufactured by the
China Coins-Minting Corporation affiliated to the People’s Bank of China.
Units that need to have gold (or silver) badges made may approach and consult
with the China Coin-Minting Corporation. Measures for the sharing of profit
in foreign exchange earned from selling gold and silver badges shall be
submitted to the State Planning Commission for approval and be implemented
accordingly.(Note 2.)

Notes:

Note 1., 2.  With respect to the business operations in gold and silver
souvenir badges, the relevant provisions in Document (82) Jin Chu (Chu) Zi
No.44 issued by the former State Import and Export Commission shall prevail
instead. — The Editor.

 


 

REPLY TO THE LETTER ON THE ISSUE ARISING FROM SHEN CANXIONG V. KUNMING PHOSPHATE FACTORY CONTRACT DISPUTE CONCERNING THE ORIGINAL CONTRACT SHALL BE DEEMED DISSOLVED AFTER ESTABLISHMENT OF THE EQUITY JOINT VENTURE KUNMING YUNTONG PHOSPHATE FACTORY

the Economic Tribunal of the Supreme People’s Court

Reply to the Letter on the Issue Arising from Shen Canxiong v. Kunming Phosphate Factory Contract Dispute Concerning the Original
Contract Shall be Deemed Dissolved after Establishment of the Equity Joint Venture Kunming Yuntong Phosphate Factory

Fa Jing [1992] No. 210

To the Higher People’s Court of Yunnan Province:

The Request from Your Court on the Issue Arising from the Shen Canxiong vs. Kunming Phosphate Factory Dispute Case on the Contract
Concerning the Original Contract Shall be Deemed to be Dissolved in Fact after the Establishment of the Equity Joint Venture Kunming
Yuntong Phosphate Factory (Yun Gao Fa [1992] No. 59), has been received. After deliberation, the reply is hereby given as follows:

In accordance with the Provisions on the Township Enterprises Contracted Operation Responsibility System, the enterprise under the
contract operation responsibility system remains its nature of collective ownership by the socialist working people. The whole property
(including the newly accumulated property after the enterprise being contracted) of the enterprise is still collectively owned by
the whole working people who establish the enterprise concerned. Therefore, the contractor, within the contracting period, shall
not establish an equity joint venture with foreign businessmen by means of investing total property of the enterprise of Chinese
part, nor can it obtain the status of a shareholder. We agree on your court’s opinion, namely, it can be confirmed that, after the
establishment of the equity joint venture, the contract between Shen Canxiong and Kunming Yuntong Phosphate Factory is deemed to
have been dissolved in fact. But the other rights and obligations in the course of the contract shall be dealt with appropriately
in the way of seeking truth from facts, so as to fairly protect the lawful rights and interests of employer and the contractor.

Economic Tribunal of the Supreme People’s Court

December 17, 1992



 
the Economic Tribunal of the Supreme People’s Court
1992-12-17

 






VOCATIONAL EDUCATION LAW

Category  EDUCATION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1996-05-15 Effective Date  1996-09-01  


Vocational Education Law of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  The System of Vocational Education
Chapter III  The Implementation of Vocational Education
Chapter IV  The Guarantee of Vocational Education
Chapter V  Supplementary Provisions

(Adopted at the 19th Meeting of the Standing Committee of the Eighth

National People’s Congress on May 15, 1996, promulgated by Order No.69 of the
President of the People’s Republic of China on May 15, 1996)
Contents

    Chapter I    General Provisions

    Chapter II   The System of Vocational Education

    Chapter III  The Implementation of Vocational Education

    Chapter IV   The Guarantee of Vocational Education

    Chapter V    Supplementary Provisions
Chapter I  General Provisions

    Article 1  With a view to implementing the strategy of rejuvenating
China through science and education, developing vocational education,
enhancing the quality of laborers and promoting the construction of the
socialist modernization, this Law is hereby enacted in accordance with the
Education Law and the Labor Law.

    Article 2  This Law shall apply to various vocational school education at
various levels and vocational training in various forms. Special training
conducted by state organs for their personnel shall be prescribed separately
by laws and regulations.

    Article 3  Vocational education is an important part of educational
undertakings of the state and an important way to promote the economic and
social development and the employment.

    The state shall develop the vocational education, push the vocational
education reform, raise the quality of vocational education, establish and
improve a vocational education system that keeps abreast of the market
economy and social progress.

    Article 4  Vocational education shall follow the state’s educational
policy, giving the education receivers education on ideology, politics and
vocational ethics, teaching vocational knowledge, developing vocational
technical abilities, conducting vocational directions and raising the quality
of the education receivers in an all-round way.

    Article 5  Citizens shall have the right to receive vocational education.

    Article 6  People’s governments at various levels shall incorporate the
development of vocational education into the planning of the national economy
and social development.

    Trade associations, enterprises and institutional organizations shall
perform their duties to carry out vocational education in accordance with
law.

    Article 7  The state shall adopt measures to develop rural vocational
education and support the minority nationality regions, remote border areas
and poverty-stricken areas to develop their vocational education.

    The state shall adopt measures to assist women in receiving vocational
education, organize the unemployed to receive vocational education in various
forms and give aid to the development of the vocational education for
disabled people.

    Article 8  Vocational education shall, in the light of actual needs and
according to the vocational categories and vocational grade standards, adopt
systems of academic credentials, training certifications and vocational
credentials.

    The state shall adopt a system under which workers shall receive
necessary vocational education before taking up occupations or going to their
posts.

    Article 9  The state shall encourage and organize scientific research in
vocational education.

    Article 10  The state shall give rewards to organizations and individuals
who have made remarkable achievements in the work of vocational education.

    Article 11  The education administrative department of the State
Council shall be responsible for the overall planning, comprehensive
coordination of and macro control of vocational education.

    The education administrative department, the labor administrative
department and other relevant departments of the State Council shall, within
the scope of their functions and duties prescribed by the State Council, be
respectively responsible for relevant work of vocational education.

    Local people’s governments at county level and above shall strengthen the
leadership, overall coordination, supervision, direction and assessment with
regard to the work of vocational education in their own administrative
regions.
Chapter II  The System of Vocational Education

    Article 12  The state shall, in accordance with the economic development
level and the situation of universal education of various regions, implement
the educational division at different stages mainly after junior middle
school, institute and improve a vocational education system under which
vocational education and vocational training shall be developed concurrently
and vocational education shall be connected with other education with
coordinate development of both.

    Article 13  Vocational school education includes primary, secondary and
higher vocational school education.

    Primary and secondary vocational school education shall be carried out
respectively by primary and secondary vocational schools. Higher vocational
school education shall, in accordance with the actual needs and conditions,
be undertaken by higher vocational school or by common institutions of higher
learning. Other schools may, in accordance with the overall planning by the
education administrative department, implement vocational school education at
corresponding levels.

    Article 14  Vocational training includes training before employment,
training for armymen transferred to civilian work, training for apprentices,
on-the-job training, transfer training and other training of vocational
nature. Vocational training may, according to the actual situation, be
classified as primary, secondary or higher vocational training.

    Vocational training shall be respectively undertaken by corresponding
vocational training institutions and vocational schools.

    Other schools and educational institutions may, according to their
educational capacity, develop various vocational training to meet the needs
of the society.

    Article 15  In addition to the educational institutions for disabled
people which shall give vocational education to disabled people, vocational
schools, vocational training institutions and other educational institutions
at various levels and of various types shall, in accordance with relevant
provisions of the state, admit disabled students and give them vocational
education.

    Article 16  Common middle schools may, in line with local conditions,
open vocational education courses or, in accordance with the actual needs,
appropriately increase the contents of vocational education in teaching.
Chapter III  The Implementation of Vocational Education

    Article 17  Local people’s governments at county level and above shall
sponsor vocational schools and vocational training institutions and make them
as mainstays and examples, give guidance and support to vocational schools
and vocational training institutions held in accordance with law in rural
areas or by enterprises, institutional organizations, social organizations,
other social groups or citizens.

    Article 18  People’s governments at county level shall, in accordance
with the need of overall and coordinate development of rural economy,
agricultural science, technology and rural education, conduct vocational
education in various forms, develop training of practical technology and
promote the development of rural vocational education.

    Article 19  The competent departments of the governments and trade
associations shall jointly sponsor or sponsor on their own vocational schools
and vocational training institutions, organize, coordinate and direct the
enterprises and institutional organizations of their own sector or trade in
running vocational schools and vocational training institutions.

    Using modern teaching methods to develop vocational education shall be
encouraged by the state.

    Article 20  Enterprises shall, in accordance with their actual situation,
give vocational education in a planned way to their staff and workers and
persons to be employed.

    Enterprises may jointly run or run on their own vocational schools and
vocational training institutions, they may also entrust vocational schools or
vocational training institutions with the vocational education of their staff
and workers or persons to be employed by them.

    Staff and workers engaging in technical work must receive proper training
before going to their posts. Staff and workers engaging in special work must
receive relevant training and obtain qualifications for the special work.

    Article 21  The state encourages institutional organizations, social
organizations, other social groups and citizens to run vocational schools
and vocational training institutions in accordance with relevant provisions
of the state.

    Procedures for sponsorship of vocational schools and vocational training
institutions in China by organizations or individuals from abroad shall be
formulated by the State Council.

    Article 22  For jointly sponsoring a vocational school or vocational
training institution, the sponsors shall conclude a contract for the joint
sponsorship.

    Where a competent department of the government, trade association,
enterprise or institutional organization entrusts a vocational school or
vocational training institution with vocational education, a contract shall
be concluded for the entrustment.

    Article 23  In conducting vocational education, vocational schools and
vocational training institutions shall combine education with practice,
serve the local economic construction, maintain close ties with enterprises
and train practical personnel and skilled workers.

    Vocational schools and vocational training institutions may run
enterprises and training places regarding the vocational education.

    Article 24  For establishment of a vocational school, the following basic
conditions must be satisfied:

    (1) Have its organizational structure and constitution;

    (2) Have qualified teachers;

    (3) Have teaching places which accord with the prescribed standards, and
facilities and equipment suitable for the vocational education; and

    (4) Have necessary funds for running the school and stable sources of the
funds.

    The following basic conditions must be satisfied for the establishment of
a vocational training institution:

    (1) Have its organizational structure and management system;

    (2) Have teachers and management personnel suited to the training tasks;

    (3) Have necessary places, facilities and equipment for the conduct of
training; and

    (4) Have necessary funds.

    The establishment, changes and termination of vocational schools and
vocational training institutions shall be conducted in accordance with
relevant provisions of the state.

    Article 25  Students receiving education from vocational schools shall,
after passing the examination of the school, be issued academic credentials
in accordance with relevant provisions of the state. Students receiving
vocational training shall, after passing the examination of the vocational
schools or vocational training institutions which give the training, be
issued training certifications in accordance with relevant provisions of the
state.

    Academic credentials and training certifications shall, in accordance
with relevant provisions of the state, be used as certifications of graduates
and trainees of vocational schools and vocational training institutions when
them are employed.
Chapter IV  The Guarantee of Vocational Education

    Article 26  The state encourages raising funds from various channels
according to law for the development of vocational education.

    Article 27  People’s governments of various provinces, autonomous regions
and municipalities directly under the central government shall determine
the average financial standard per student of vocational schools in their
administrative regions; relevant departments of the State Council shall,
in conjunction with the financial department of the State Council, determine
the average financial standard per student of vocational schools under the
departments. Sponsors of vocational schools shall, in accordance with the
average financial standards per student, appropriate in full the vocational
education funds.

    People’s governments at various levels and relevant departments of the
State Council shall increase step by step the financial allocations for
vocational schools and vocational training institutions.

    No organization or individual may embezzle or pocket a portion of funds
for vocational education.

    Article 28  Enterprises shall bear the expenses for vocational education
given to their staff and workers and persons to be employed by them. The
concrete measures shall be formulated according to law by relevant
departments of the State Council together with the finical department of the
State Council or by people’s governments of provinces, autonomous regions or
municipalities directly under the central government.

    Article 29  If any enterprise fails to conduct vocational education in
accordance with Article 20 of this Law, the local people’s government at
county level or above shall order it to make correction; if the enterprise
refuses to make correction, the vocational education funds that the
enterprise should bear may be collected, and such funds shall be used for
the local vocational education.

    Article 30  People’s governments of provinces, autonomous regions and
municipalities directly under the central government may set aside a special
sum or arrange a portion for vocational education from the local extra
charges they have decided to collect for education in accordance with
relevant provisions of the Education Law.

    Article 31  People’s governments at various levels may appropriate proper
amounts for rural vocational training from the funds for developing
agricultural science and technology or for spreading the technology.

    Article 32  Vocational schools and vocational training institutions may
charge tuition fees from students receiving secondary or higher vocational
school education or vocational training, but students with financial
difficulties and disabled students shall enjoy a partial or total tuition
waiver. The measures for collection of tuition shall be formulated by
people’s governments of provinces, autonomous regions and municipalities
directly under the central government.

    The state encourages enterprises, institutional organizations, social
organizations, other social groups and citizens to establish, in accordance
with relevant provisions of the state, scholarship and loans for vocational
education to give rewards to students getting excellent marks in studies or to
aid students with financial difficulties.

    Article 33  Incomes received from the running of enterprises and
provision of social service by vocational schools and vocational training
institutions shall be mainly used to develop vocational education.

    Article 34  The state encourages financial institutions to support and
develop vocational education by applying the way of credit.

    Article 35  The state encourages enterprises, institutional
organizations, social organizations, other social groups and citizens to
donate to vocational education, encourages organizations and individuals from
abroad to give financial aid or make donations to vocational education. The
aid and donation offered must be used in vocational education.

    Article 36  People’s governments at county level and above and relevant
departments shall incorporate the training of vocational education teachers
into the planning of construction of contingent of teachers, so as to
ensure that the contingent of vocational education teachers can meet the
needs of the development of vocational education.

    Vocational schools and vocational training institutions may engage
specialized technical persons, persons with special technical ability and
teachers of other educational institutions as part-time teachers. The
relevant departments and units shall give convenience.

    Article 37  Relevant departments of the State Council, local people’s
governments at county level and above and the organizations and citizens
running vocational schools and vocational training institutions shall
strengthen the construction of productive and training bases for vocational
education.

    Enterprises and institutional organizations shall accept students and
teachers from vocational schools and vocational training institutions to do
practice; those doing practice on certain posts shall be paid properly.

    Article 38  People’s governments at county level and above and relevant
departments shall establish and improve a service system for vocational
education and strengthen the work of edition, publishing and distribution of
teaching materials for vocational education.
Chapter V  Supplementary Provisions

    Article 39  Those violating provisions of the Education Law in vocational
education activities shall be punished in accordance with relevant provisions
of the Education Law.

    Article 40  This Law shall enter into force on September 1, 1996.





MEASURES FOR THE IMPLEMENTATION OF ADMINISTRATION OF NEGOTIABLE INSTRUMENTS

Category  BANKING Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-08-21 Effective Date  1997-10-01  


Measures for the Implementation of Administration of Negotiable Instruments



(Approved by the State Council on June 23, 1997  Promulgated by the

People’s Bank of China on August 21, 1997)

    Article 1  These Measures are formulated in pursuance of the provisions
of (hereinafter referred to as The Law of Negotiable Instruments) with a view
to enhancing the administration of negotiable instruments and maintaining
financial order.

    Article 2  These Measures shall be applicable in the administration
negotiable instruments within the territory of the People’s Republic of China.

    Article 3  The People’s Bank of China is the department of administration
of negotiable instruments.

    Administration of negotiable instruments should abide by the provisions
of The Law of Negotiable Instruments and these Measures as well as relevant
laws and regulations and must not harm the legitimate rights and interests
of parties to a bill.

    Article 4  Parties to a bill should engage in bill activities, exercise
bill rights and fulfil bill obligations in accordance with law.

    Article 5  Parties to a bill should use bills on uniform format
prescribed by the People’s Bank of China.

    Article 6  The makers of bills of bank exchange shall be banks handling
the business of bills of bank exchange approved by the People’s Bank of China.

    Article 7  The makers of bankers’ orders shall be banks handling the
business of bankers’ orders approved by the People’s Bank of China.

    Article 8  The makers of commercial bills of exchange shall be enterprises
and other organizations other than the banks.

    The makers of commercial bills of exchange applying to banks for the
handling of acceptance of bills of exchange must meet the following
qualifications:

    (1)opening of deposit account in banks of acceptance;

    (2)enjoying good credibility and having reliable source of capital for
the payment of the amount of the bills of exchange.

    Article 9  Accepting banks of commercial bills of exchange must have
the following qualifications:

    (1)having true relations of authority to pay with the makers;

    (2)having reliable capital for the payment of the amount of the bills
of exchange.

    Article 10  The bearers of commercial bills of exchange applying to
banks for discount on check must have the following qualifications:

    (1)opening of deposit account in banks;

    (2)having true trading relations and creditor-debtor relations with the
makers and prior endorsers.

    Article 11  The makers of checks shall be enterprises, other
organizations and individuals with opening of check deposit accounts in banks
handling check deposit business, urban credit cooperatives and rural credit
cooperatives approved by the People’s Bank of China.

    Article 12  The “guarantor” referred to in the Law of Negotiable
Instruments means the legal person, other organizations or individuals
with repayment ability of debts in negotiable instruments.

    Branches and functional departments of state organs, non-profit
institutions, societies and corporate enterprises must not serve as
guarantors; unless it is otherwise provided for by law.

    Article 13  The signature and seal of the maker of the bank money order
and the signature and seal of the bank accepting commercial bills of exchange
shall be the special-purpose seal of the bank plus the signature or the
affixed seal of its legal representative or his or her authorized agent.

    The signature and seal of the maker on bank check shall be the special-
purpose seal of the bank for bank check plus the signature or the affixed
seal of its legal representative or his or her authorized agent.

    Special-purpose seals for bank money order and special-purpose seals for
bank check must be subjected to the approval of the People’s Bank of China.

    Article 14  The signature and seal of the maker on commercial bills of exchange shall be the special-purpose financial seal of the
unit or official
seal plus the signature or the affixed seal of its legal representative or
his or her authorized agent.

    Article 15  The signature and seal of the maker on the checks shall be
the special-purpose financial seal or official seal plus the signature or
the affixed seal of its legal representative or his or her authorized agent
which are in line with the signature and seal left in advance by the unit
at the bank when the maker is the unit; they shall be the signature or the
affixed seal in line with those left in advance by the said individual at
the bank when the maker is an individual.

    Article 16  The “proper name” referred to in the Law of Negotiable
Instruments means the name on the identity card in keeping with laws,
regulations as well as the relevant provisions of the State.

    Article 17  The bills shall be null and void when the signature and
seal of the maker on the bills are not in line with the provisions of the
Law of Negotiable Instruments and these Measures; their signatures and seals
shall be null and void when the signatures and seals of the endorser,
acceptor and guarantor on the bills are not in line with the provisions
of the Law of Negotiable Instruments and these Measures, however, they
shall not affect the efficacy of other signatures and seals on the bills.

    Article 18  The “paying agent” referred to in the Law of Negotiable
Instruments means the bank, urban credit cooperative and rural credit
cooperative which makes the payment of the amount on the bills as entrusted
by the payer.

    Article 19  The loser of bills can, pursuant to the provisions of the
Law of Negotiable Instruments, report to the payer or the paying agent in
time the loss of checks for stoppage of payment for loss of bills of exchange which can be reported for stoppage of payment as provided
for
by the Law of Negotiable Instruments.

    The loser of bills should fill in the report-loss-and-stop-payment note,
affix his or her signature and seal when notifying the payer or the paying
agent of the loss of the bills for stoppage of payment. The report-loss-
and-stop-payment note should carry the following particulars:

    (1)time and cause(s) of the loss of bills;

    (2)types, numbers and amount of bills, date(s) of making, date(s) of payment, name of the payer and name
of the payee; and

    (3)name of the person reporting the loss and requesting stoppage of payment, business site or residence as
well as ways of contact.

    Article 20  The payer or paying agent should immediately suspend
payment on receipt of the report-loss-and-stop-payment note. Within twelve
days starting from the date of the receipt of the report-loss-and-stop-
payment note when the payer or paying agent does not receive the stop-payment
note from the people’s court, the report-loss-and-stop-payment note shall be
null and void as of the thirteenth day.

    Article 21  The payer or paying agent who has already made payment to
the bearer according to law before the receipt of the report-loss-and-stop-
payment note shall no longer accept the report of loss and stop payment.

    Article 22   Banks, urban credit cooperatives and rural credit
cooperatives can reach an agreement with the applicants on the use of encrypted code for payment on checks as terms for the payment
of the
amount on the checks when the applicants applying for the opening of
check deposit accounts.    

    Article 23  The guarantor should, pursuant to the provisions of the
Law of Negotiable Instruments, carry particulars of guarantee on the bills
or their allonge. The guarantor who provides guarantee for the maker, the
payer and the acceptor should carry particulars of guarantee on the front
side of the bills; the guarantor who provides endorser guarantee should
carry particulars of guarantee on the back of the bills or on their allonge.

    Article 24  No unit or individual shall freeze amount on bills which
are transferred after endoresement according to law; unless it is otherwise
provided for by law.

    Article 25  The “signature for receipt” referred to in Article 55 of the
Law of Negotiable Instruments means the signature and seal of the bearer on
the front side of the bill which indicates the bearer has already obtained
the payment.

    Article 26  The date of the bearer presenting the bill to the bank
shall be the date of presenting payment when presenting payment to the
payer through the remitting bank or through the clearing system.

    Article 27  The “refusal of certification” referred to in Article 62
of the Law of Negotiable Instruments should include the following particulars:

    (1)types of bills and the principal particulars carried thereon the
acceptance and payment of which have been refused;

    (2)the factual basis and legal basis for the refusal of acceptance and
payment;

    (3)time of refusal of acceptance and payment; and

    (4)signatures and seals of the accepter and payer of refusal.

    The “note of dishonor” referred to in Article 62 of the Law of Negotiable
Instruments should contain the following particulars:

    (1)types of bills dishonored;

    (2)the factual basis and legal basis of dishonor;

    (3)time of dishonor; and

    (4)signature and seal of the person returning the bills.

    Article 28  The “other relevant certifications” referred to in Article 63
of the Law of Negotiable Instruments mean:

    (1)certification of death of the accepter and payer issued by a hospital
or a unit concerned;

    (2)certification of absconding of the accepter and payer issued by a
judicial organ; and

    (3)documents with validity of refusal of certification issued by a
notarial office.

    Article 29  The “interest rate” prescribed in section (2) of paragraph
one of Article 70 and in section (2) of paragraph one of Article 71 of the
Law of Negotiable Instruments means the interest rate for floating fund
loans fixed by the People’s Bank of China.

    Article 30  Whoever having any of the acts listed in Article 103 of the
Law of Negotiable Instruments which is slight in circumstances and does not
constitute a crime shall be penalized by public security organs according to
law.

    Article 31  Issuance of dud checks or issuance of checks the signature
and seal thereon are not in line with those left in advance not with the
purpose of gaining money and belongings by cheating shall be imposed a
fine of 5% of the amount at face value but not less than RMB 1000 Yuan
by the People’s Bank of China; the bearer has the right to ask the maker
for 2%  compensation of the amount on the check.

    Article 32  Staff members of financial institutions who accept, make
payment, guarantee or discount to bills which are in contravention of the
provisions of the Law of Negotiable Instruments and these Measures due to
negligence of duties in bill business, the persons-in-charge directly
responsible and other persons directly responsible shall be meted out
punishments of warning, recording of a demerit, removal or expulsion;
those causing heavy losses and constituting a criminal offence shall be
investigated of their criminal liabilities.

    Article 33  The payers of bills who deliberately suppress bills or
defer payment for bills payable at sight or mature bills shall be imposed
a 0.7%. fine of the amount of the bills every day within the period of suppression of bills and deferred payment by the People’s
Bank of China;
the persons-in-charge directly responsible and other persons directly
responsible shall be meted out punishments of warning, recording of a
demerit, removal or expulsion.

    Article 34  Whoever print bills without authorization in violation of the provisions of the People’s Bank of China shall be directed
to make
corrections by the People’s Bank of China and be imposed a fine of more than
RMB 10000 Yuan and less than RMB 200000 Yuan; for those with serious offences,
the People’s Bank of China is empowered to submit a request to the
department concerned for the revocation of their business licences.

    Article 35  Formats, order of triplicate, colors, specifications and
anti-forgery technical requirements and printing of bills shall be prescribed
by the People’s Bank of China.

    In determining the formats of bills, the People’s Bank of China may add
languages of the minority nationalities or foreign languages, taking into
account the actual requirements of the minority nationalities regions and
foreign embassies and consulates in China.

    Article 36  These Measures shall come into force as of October 1, 1997.





CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA 1999

CIRCULAR OF CHINA SECURITIES REGULATORY COMMISSION ON ENTERPRISES ISSUING B-SHARES

The China Securities Regulatory Commission

Circular of China Securities Regulatory Commission on Enterprises Issuing B-shares

ZhengJianFaXingZi [1999] No.52

May 19, 1999

The people’s governments of the provinces, autonomous regions, municipalities directly under the Central Government, and municipalities
separately listed on the State plan, and relevant departments of the State’s Council:

With a view to developing the market of domestically listed B-shares in foreign currencies (hereinafter referred to as B-shares),
and supporting domestic enterprise to raise fund in the B-shares market, hereby notify the relevant matters as follows:

1.

The enterprise that can apply to issue B-shares can be Governmental facility, collective enterprise, or enterprise in other forms
of ownership. In principle it shall be company limited by shares which has already formed and operated legally, according with the
conditions listed in Provisions of the State’s Council on Listed B-shares in Foreign Currencies of the Company Limited by Shares,
and meets international investors’ requirements. Once the operation of company is mature, its share can be issued.

2.

After the grant of the related people’s government of the province or the related department of State Council, enterprises that apply
to issue B-shares shall file the applying materials to China Securities Regulatory Commission according to the requirements of Circular
Concerning Printing and Dispatching the Standard Format of Materials Filed by Enterprise to Apply to Issue Domestically Listed B-shares
in Foreign Currencies(ZhengJianFa [1999] No.17).

3.

The underwriting agreement in the materials of applying to issue the B-shares shall be concluded before filed to China Securities
Regulatory Commission, and comes into effect after the approval of China Securities Regulatory Commission. In case the related securities
executive body has not finished the underwriting in the limitation settled in underwriting agreement, it shall take the corresponding
economic responsibilities according to the underwriting agreement.



 
The China Securities Regulatory Commission
1999-05-19

 






CIRCULAR OF THE STATE COUNCIL ON EXPANDING THE SCOPE OF APPLICATION OF THE REGULATIONS ON TAXATION PREFERENTIAL TERMS FOR ENTERPRISES WITH FOREIGN INVESTMENT ENGAGING IN ENERGY AND TRANSPORTATION INFRASTRUCTURE PROJECTS

The State Council

Circular of the State Council on Expanding the Scope of Application of the Regulations on Taxation Preferential Terms for Enterprises
with Foreign Investment Engaging in Energy and Transportation Infrastructure Projects

GuoFa [1999] No.13

July 2, 1999

The people’s governments of various provinces, autonomous regions, municipalities directly under the Central Government, each ministry
and commission and each directly subordinate institution under the State Council:

In order to encourage enterprises with foreign investment to engage in energy and transportation infrastructure projects, and to promote
economic development of the middle and western regions, the State Council, in accordance with the relevant provisions of the Income
tax Law of the People’s Republic of China for Enterprises with Foreign Investment and Foreign Enterprises, has decided to expand
the scope of application of the regulations on taxation preferential terms for enterprises with foreign investment engaged in energy
and transportation infrastructure projects. The circular is made as follows:

From January 1, 1999,production-oriented enterprises with foreign investment engaged in energy and transportation infrastructure projects
, as stipulated in Item 3 of Item 1 of Clause 1 of Article 73 of the Rules for the Implementation the Income tax Law of the People’s
Republic of China for Enterprises with Foreign Investment and Foreign Enterprises, may have its enterprise income tax levied at a
reduced tax rate of 15% after the approval of the State Administration of Taxation, should be expanded to all over the country for
implementation.



 
The State Council
1999-07-02

 






1...153154155...212Page 154 of 212

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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