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CIRCULAR OF THE STATE COUNCIL CONCERNING SEVERAL POLICIES ON CARRYING OUT THE DEVELOPMENT OF CHINA’S VAST WESTERN REGIONS

The State Council

Circular of the State Council Concerning Several Policies on Carrying out the Development of China’s Vast Western Regions

GuoFa [2000] No.33

October 26, 2000

The People’s Government of province, autonomous regions, municipalities directly under the Central Government, ministries and commissions
and institutions directly under the State Council:

Carrying out the strategy of the development of China’s vast western regions to speed up the development of the central-western regions
is an important composition of the modernization strategy of our country and is a great decision made by the central leadership of
the Party with great foresight and an overall point of view facing the new century, and it has very important economic and political
significance. In order to reflect the highlight support of the state to the western regions, the State Council has drawn up several
policies and measures for carrying out the development of China’s vast western regions. Relevant issues are hereby notified as follows:

1.

Principles of Policy Formulation and Support Emphasis

1)

Principles of Policy Formulation. Carrying out the development of China’s vast western regions is a grand systematic project and an
arduous historical task, the sense of urgency, and full mental preparation for lasting and tough struggle are both needed. We shall
insist on proceeding from actual conditions and working according to objective laws; be energetic and dynamic and acting according
to capabilities; focus on the present while keep the future in view; take the whole situation into account and plan accordingly,
and make scientific reasoning; carry out in steps while give prominence to the emphasis; prevent rushing headlong into mass action
and oppose extravagance and waste; never make things in chaos. Accelerate the changing of ideas, give more effort to opening to the
outside world, carry through the strategy of making the country strong through science and technology and the strategy of sustainable
development, integrate giving full play to the role of market mechanism and doing well macro-adjustment and control, combine the
self-reliance spirit of cadres and masses of people of the western regions and the support from all sides.

2)

Key Tasks and Strategic Objectives. For the present and the years to come, the key tasks of carrying out the development of China’s
vast western regions are: speeding up the construction of infrastructure facilities; improving the protection and development of
environment; consolidating the basic status of agriculture, adjusting the structure of industry, and developing characteristic tourism;
developing undertakings of science and technology, education, culture and sanitation. To work hard for the breakthrough progress
in the construction of infrastructure facilities and environment of the western regions and to make a good beginning of the development
of the western regions in 5 to 10 years. The western regions shall be built into a new one with prosperous economy, advanced society,
stable living, united nationalities and beautiful sceneries at the middle period of the 21st century.

3)

Key regions. The range in which policies on the development of the western are applicable includes Chongqing Municipality, Sichuan
Province, Guizhou Province, Yunnan Province, Tibet Autonomous Region, Shangxi Province, Gansu Province, Ningxia Hui Autonomous Region,
Qinghai Province, Xinjiang Uygur Autonomous Region, Inner Mongolian Autonomous Region and Guangxi Chuang Autonomous Region. Carrying
out the development of China’s vast western regions shall rely on the main arteries of traffic like the Eurasia Continental Bridge,
the Changjiang River Channel and the South-west Access to the Sea, give full play to the role of central cities, connect the units
with lines and spread the experience gained at selected units to an entire area to form characteristic interregional economic areas
of the West Longhai Lanxin Line, the Upper Reaches of the Changjiang River, and the Nan(nin)-Gui(yang)-Kun(ming)area, promote the
development of other regions and carry forward the development of China’s vast western regions step by step and with emphasis.

2.

Policies on Increasing Financial Input

1)

Increase Financial Input for Construction. Increase the proportion of central financial construction funds used in the western regions.
Under the condition that loans are granted according to lending principles, state policy-related bank loans and preferential loans
of international financial organizations and foreign governments shall be arranged for projects of the western regions as much as
possible. The investment in major projects of infrastructure construction of the western regions newly arranged by the state mainly
comes from central policy-related construction funds, other special construction funds, bank loans and foreign investments, no gap
of funds shall be left. The central authorities shall raise special funds for the development of the western regions by various means.
Relevant central departments shall show support to the western regions when drawing up plannings and policies of the development
of industries and arranging special funds. It is encouraged to put enterprise funds into major construction projects of the western
regions.

2)

Give Priority to Construction Projects. Infrastructure facilities like irrigation works, traffic and energy, development and utilization
of superior resources, industrialization projects of characteristic new- and high-tech and military technologies converted to civilian
productions shall have priority in the overall layout of the western regions. Strengthen the build-up of corporate liability system,
project capital system, project bidding system, system of supervision and administration of project quality, system of supervision
and administration of project environment of the western regions, and the prophase work of construction projects.

3)

Increase Financial Transfer Payment. Increase the scale of general transfer payment to the western regions step by step along with
the growth of central financial power. Tilt in favor of the western regions in the distribution of special aid funds for agriculture,
social security, education, science and technology, sanitation, birth control, culture and environment protection. The arrangements
of poverty-relief funds of central finance shall put stress on the western poverty-stricken areas. The central finance shall pay
most of the aid funds and cash subsidies for the food, seeds and sprouts needed for the projects of restoring forest and grassland
from cultivated land, of natural forest protection, and that of the control and treatment of sand carried out with the approval of
the state. Local financial revenue that is affected because of the implementation of projects of restoring forest and grassland from
cultivated land and natural forest protection shall get appropriate aid from central finance.

4)

Increase Financial Credit Support. Banks shall, according to the principle of independence of commercial credit, increase credit input
to the construction of basic industries of the western regions, and put stress on supporting the construction of large and medium-sized
energy projects of railways, trunk line roads, electric power, oil and natural gas. Accelerate the evaluation and examination of
projects of loans affiliated to national debts to guarantee that the loans are in place as soon as possible according to the construction
schedule. As regard to projects of infrastructure facilities with large investment and long construction period, the term of loan
may be appropriately extended according to the project’s construction cycle and repaying ability. The State Development Bank shall
increase the proportion of newly added loans used in the western regions year by year. Expand the scope of loans granted to the projects
of infrastructure facilities, whose rights to charge or the rights to earnings are held in pledge. Increase credit support to the
development of agriculture, environment protection, superior industries, construction of small towns, technology reform of enterprises,
new- and high-tech enterprises and medium- and small-sized enterprises of the western regions. Actively provide study-assist loans
and loans for student apartments in the western regions. Loans for reconstruction of rural electric power grid and key projects of
large sums of loans for superior industries shall be specially arranged by the parent bank of agriculture banks, and direct loans
from the parent banks of various commercial banks shall also be arranged. Introduce banks of stock system to establish branch institutions
in the western regions step by step.

3.

Policies on Improving Investment Environment

1)

Make Efforts to Improve Soft Environment of Investment. Further the reform of state-owned enterprises of the western regions, accelerate
the establishment of the modern enterprise system, and do a good job of strategic adjustment of the state economy and reorganization
of assets of state-owned enterprises. Increase the support to state-owned enterprises of the western regions for clearing debts and
getting out of difficulty, and for reorganization and reconstruction. Strengthen the foster and build-up of commodity and element
markets of the western regions. Actively lead non-public economic sectors like individual economy and private economy of the western
regions to speed up development, and in principle, domestic enterprises of all kinds of systems of ownership are allowed to enter
all investment areas that are open to foreign businessmen according to relevant laws and regulations. Accelerate the establishment
of credit guaranty system of and service institutions for medium- and small-sized enterprises. Except the major and important projects
of the state and projects with special provisions, for all enterprises that invest equity capital or bank loans in projects of industries
encouraged and allowed by the state, the project proposals and research reports of feasibilities may be combined and submitted for
approval according to prescribed procedures, the preliminary designs and commencement reports may be free from the examination and
approval of governments, thus to simplify the procedures of the examination and approval of projects with foreign investments. Further
the conversion of governmental functions, separate governmental functions from enterprise management, reduce matters that need examination
and approval, simplify transaction procedures, intensify the sense of service, eliminate administrative monopoly, regional blockade
and protection, strengthen administration by law and protect legal rights and interests of consumers. Improve environment protection,
prevent rash and repeated construction, and close factories, mines and enterprises that produce inferior products, waste resources,
cause serious pollution and have no safe production conditions.

2)

Implement Policies of Preferential Taxation. With regard to enterprises with domestic investment and enterprises with foreign investment
of industries encouraged by the state, which are established in the western regions, business income tax shall be levied upon at
the rate with 15% reduction during a certain period. With the approval of people’s governments of the provincial level, enterprises
of autonomous minority nationality areas may get reduction or exemption of business income tax regularly. With regard to the establishment
of enterprises of traffic, electric power, irrigation works, postal service and broadcasting in the western regions, business income
tax are exempted for the first two years, and half reduced for the third year. Income of agricultural specialties produced from forests
and grassland restored from cultivated land for the purpose of environment protection may be exempted from agricultural specialty
tax for 10 years. Land used for construction of national highways and provincial highways in the western regions may be exempted
from cultivated land occupancy tax according to land used for construction of railways and civil aviation. The people’s governments
of provinces, autonomous regions and municipalities directly under the Central Government shall decide on whether the land used for
construction of other highways may be exempted from cultivated land occupancy tax. With regard to the projects of industries encouraged
for domestic investment, industries encouraged for foreign investment and superior industries, when importing advanced technical
equipments for self-use within the total amount of investment, customs duty and value-added tax in the link of import may be exempted,
except those commodities prescribed by the state which shall not be exempted from tax.

3)

Implement Preferential Policies on Land and Mineral Resources. With regard to planting forests and grassland on barren hills and wasteland,
and to restoring forests and grassland from cultivated land of the western regions, the policy of “who restores, plants or operates,
who has the right to the use of land and the ownership of the forests and grassland” shall be implemented. Various economic organizations
and individuals may apply to use barren hills and wasteland owned by the state and conduct environment protection construction like
restoring vegetation of trees and grasses. On the condition that construction investment and afforestation work have been in place,
the right to the use of state-owned land may be obtained by assignment, fees for assignment may be reduced or exempted, the right
to the use of land shall remain unchangeable for 50 years, the term may be extended based on application after expiration, and the
right to the use of land may be inherited and transferred with compensation. If it is necessary to take back the right to the use
of state-owned land because of state construction, compensation shall be given according to law. Ecological forests restored from
cultivated land that enjoy state ration allowance shall not be felled. Strictly protect the basic farmland, and realize the balance
between occupancy and restoration of cultivated land. Further improve the system of examination and approval of land used in construction,
simplify procedures, and promptly provide and protect land used in construction. Income from paid use of current land which is used
in construction of towns shall be used mainly in the infrastructure construction of the towns. Increase policy support to the research,
evaluation, exploration, development, protection and reasonable utilization of mineral resources of the western regions. Draw up
policies and measures to promote legal assignment and transfer of exploration right and exploitation right, and foster the mining
right market.

4)

Adjust by the Mechanism of Price and Charge. Further the price reform, and further increase the proportion of market in the adjustment
of price. Set the price of “transmitting gas from west to east” and “transmitting electricity from west to east” reasonably, and
establish the mechanism of price forming in the manufacturing and marketing links of natural gas, electric power, oil and coal. Accelerate
the steps of water price reform, increase water price to a reasonable level step by step according to the requirements of water saving,
and perfect the collection and administration of charges for water resources. Strengthen unified administration of water resources
of drainage area, strictly implement the system of planned use of water and distribution of water, and promote reasonable utilization
and development of water resources. Charge system of city sewage and garbage disposal shall be carried out at large, and charges
collected shall be specially used in the disposal of sewage and garbage. Improve the pollution prevention and protection of water
resources of upper reaches of rivers and headwater areas. Operators may independently set the price of airplane tickets of inter-provincial,
provincial or regional branch lines in the western regions. Special freightage may apply to railways newly built in the western regions.
Improve general postal service and telegraphic service of the western regions.

4.

Policies on Expanding the Opening to the Outside World and Internal Areas.

1)

Further Expand Areas Opened to Foreign Investment. Encourage foreign businessmen to invest in infrastructure construction and resource
development like agriculture, irrigation works, ecology, traffic, energy, city planning, environment protection, mineral resources,
tourism, etc, and encourage the establishment of technology research and development centers. Expand service and trade areas of the
western regions opened to the outside world, extend experimental foreign investment units of banks, commercial retail enterprises
and foreign trade enterprises to municipalities directly under the Central Government, provincial capitals and capital cities of
autonomous regions, allow banks with foreign investment of the western regions to run RMB business step by step, allow foreign businessmen
to invest in the western regions in telecommunication, insurance, tourism, and to set up Sino-foreign equity joint accounting firms,
law firms, engineering design enterprises, railway and highway freight transport enterprises, municipal public enterprises and other
enterprises of areas promised to open. Experimental units of some areas that are to be opened are allowed to start in the western
regions before other places.

2)

Further Widen Channels of Using Foreign Investment. Experimental units using foreign investment by BOT in the western regions shall
develop experimental units using foreign investment by TOT. Allow projects with foreign investment to launch project financing which
includes RMB. Support enterprises with foreign investment of the western regions that meet requirements to list in domestic and overseas
stock markets. Support enterprises of industries encouraged and allowed by the state of the western regions to attract foreign investment
by transferring managerial authority, selling stock equity, merger and reorganization. Actively explore ways of attracting foreign
investment like Sino-foreign equity joint industry funds and risk investment funds. Encourage enterprises with foreign investment
in China to reinvest in the western regions, and reinvestment projects the foreign investment of which exceeds 25% shall enjoy the
treatments of enterprises with foreign investment. With regard to foreign businessmen investing in infrastructure and superior industry
projects in the western regions, the limit of the proportion of foreign investment may be appropriately eased, and the proportion
of RMB loans for capital assets investment provided by domestic banks may be appropriately eased. Allow some projects of the western
regions to increase the proportion of foreign preferential loans in the total investment appropriately. When superior industries
and export-oriented projects of the western regions introduce in advanced foreign technologies and equipments, the state shall give
support in the arrangement of the quota of foreign commercial loans. Actively make efforts to give priority to projects of the western
regions in the arrangement of multilateral or bilateral capital donations.

3)

Energetically Develop Foreign Economy and Trade. Further enlarge the power of enterprises to make decisions in foreign trade and operation,
encourage developing the export of superior products, foreign projects contracting and labor cooperation, investing and establishing
enterprises abroad especially in the neighboring countries, and ease the limit of personnel entry and exit. With regard to technologies
and equipments in urgent need for economic development of the western regions, proper consideration shall be given in import administration.
With regard to overseas tourists entering China in important tourism cities of the western regions, landing visa and other policies
of convenient entry visa shall be implemented according to situations. Carry out more preferential policies of border trade, ease
limits on matters like drawback, business scope of import and export commodities, import and export commodity quotas, license administration
and personnel entry and exit, promote the western regions and neighboring countries to open markets mutually, and promote healthy
development of economic and technological cooperation with neighboring countries and areas.

4)

Promote Regional Cooperation and Mutual Support. On the condition that repeated constructions are prevented, the transfer of under-developed
technologies and environment pollution are forbidden, strong measures shall be taken in aspects like investment, finance, taxation,
credit, economy and trade, industry and commerce, labor and statistics to support enterprises of the east and middle regions to cooperate
in various forms in the western regions in investing and establishing enterprises, purchasing shares and becoming shareholders, purchase
and merger, and technology transfer. Under the guidance of central and local governments, mobilize all forces of society to strengthen
mutual support between east and west, further increase support to the western poverty-stricken areas and minority nationality areas,
continue to promote the “Prosper the Border Area and Enrich the People” Action. Develop various forms of regional economic cooperation
centering on the key areas of the western development

5.

Policies on Attracting Qualified Personnel and Developing Science and Technology, and Education.

1)

Attract and Wisely Use Qualified Personnel. Draw up policies in favor of the western regions to attract and retain qualified personnel,
and to encourage them to establish business. Along with the reform of the wages system, provide allowance for tough and remote areas,
and increase the wages level of personnel of departments and institutions of the western regions to be equal to or above the national
average level step by step. Relying on key tasks, major construction projects and important research topics, provide favorable work
and living conditions to attract domestic and foreign personnel with professional talent to devote themselves in the western development.
Reform the domiciliary control system, allow residents of other regions, who go to the western regions to make investments, run business
and take part in the development, to keep their registered permanent residences of original domiciles. For personnel who have legal
and fixed domicile in cities below the prefecture level (including cities of the prefecture level) and small towns of the western
regions, and have stable jobs or living incomes, permanent residence in the towns may be registered based on their own wills. Encourage
reasonable transfer of spare agriculture labor force and reasonable inter-regional population flow. Expand exchange of cadres between
the east and western regions. Relevant central departments, universities and colleges, and research institutions of the east regions
shall increase intellectual service and personnel support provided to the western regions. Increase the introduction of foreign talents
to the western regions. Relying on relevant central departments and coastal economically developed areas, strengthen the foster of
leaders and cadres, cadres of minority nationalities of the western regions and the training of civil servants, professional technological
personnel and enterprises managerial personnel.

2)

Bring the Leading Role of Science and Technology into Full Play. Give more support tilting to the western regions in all kinds of
planned science and technology funds, and increase the amount of science and technology funds used in the western regions step by
step. Centering on the key tasks of the development of western regions, strengthen the build-up of science and technology capacity,
organize brainstorm projects of key technologies of commonness, speed up the spread and application of important technological achievements
and the pace of industrialization. Support the development of the industrialization of military technologies converted to civilian
productions. Support research institutions, colleges and universities of the western regions to strengthen characteristics application
research and basic research. Further the reform of science and technology system, accelerate the transformation of research institutions
engaged in application research to enterprises, strengthen the association of production, study and research, promote the close integration
of science and technology and economy. Allow and increase the proportion of development expenses drew from the sales amount by enterprises
of the western regions. Give more support of innovation funds for small- and medium-sized science and technology enterprises to projects,
which meet the requirements, of the western regions. Simplify the registration of industry and commerce, and increase the upper limit
of the proportion of stock equity, option and intellectual property in the total capital when science and technology personnel establish
science and technology enterprises in the western regions,

3)

Increase Educational Input. Continue to carry out compulsory education projects in the poverty-stricken areas, give more support of
the state to compulsory education in the western regions, increase funds input and make efforts to speed up the realization of nine-year
compulsory education. Give support to the construction of universities and colleges of the western regions, and the universities
and colleges in the east and middle regions are encouraged to expand the scale of enrollment of the students from the western regions.
Strengthen the project of mutual support of schools of the east regions to schools of western poverty-stricken areas, and the project
of mutual support of schools of large and middle sized cities of the western regions to schools of rural depressed areas. Build up
long-distance education system in the western regions. Strengthen the education and training of grassroots cadres and peasants of
scientific, technological and cultural knowledge.

4)

Strengthen the Construction of Cultural and Sanitary Establishments. State planned subsidies for construction of local cultural establishments,
investment for broadcasting and television establishments and cultural relics, shall tilt in favor of the western regions. Further
carry out economic policies for state cultural propaganda units to prosper literature creations. Carry forward “Village to Village”
construction of broadcasting and television establishments of natural villages, further expand the effective coverage of broadcasting
and television. Promote the development of cultural undertakings of border areas and minority nationality areas. Support the cultural
build-up and spiritual civilization build-up of the western regions. Give more support to the sanitary and birth control build-up
of the western regions, put stress on establishing and perfecting the primary health care system of rural areas.

The Office of the Development of Western Regions of the State Council shall, jointly with relevant departments, act promptly to study
and work out relevant detailed rules of the policies or opinions on implementation according to the above policies and measures,
and promulgate and put them into effect with the approval of the State Council. Governments of all levels of the western regions
shall implement unified policies on the development of China’s vast western regions according to the provisions of the state.

The above policies and measures mainly apply to the current time and 10 years (year 2001 to 2010) to come from now on, and will be
further perfected with the implementation of the strategy of the development of China’s vast western regions. All policies, measures
and the detailed rules of them prescribed shall come into force as of January 1, 2001.



 
The State Council
2000-10-26

 







OFFICIAL REPLY OF THE STATE ADMINISTRATION OF TAXATION CONCERNING THE CREDIT OF BUSINESS INCOME TAX OF ENTERPRISES WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES PURCHASING DOMESTIC EQUIPMENT

The State Administration of Taxation

Official Reply of the State Administration of Taxation Concerning the Credit of Business Income Tax of Enterprises with Foreign Investment
and Foreign Enterprises Purchasing Domestic Equipment

GuoShuiHan [2000] No.910

November 20, 2000

The state taxation bureau of Guangdong:

The Request for a Instruction on Issues Concerning The Credit of Business Income Tax of Enterprises with Foreign Investment and Foreign
Enterprises Purchasing Domestic Equipment has been received. The reply for issues of the Implementation of the Measures for the Administration
of the Credit of Business Income Tax of Enterprises with Foreign Investment and Foreign Enterprises Purchasing Domestic Equipment
(hereafter as the Measures for the Administration) promulgated by the State Administration of Taxation commission is as follows:

1.

According to the provisions of the Circular Concerning Issues of the Credit of Business Income Tax of Enterprises with Foreign Investment
and Foreign Enterprises Purchasing Domestic Equipment (CaiShuiZi [2000] No.49) of the Ministry of Finance and the State Administration
of Taxation, the domestic equipment that can credit the business income tax, in the decision on applicable scope of encouraged projects,
are those of investment project of encouraging type, limiting B type in the Instructive Catalogue of Industries with Foreign Investment
(not including the Non-exempted Import Goods Catalogue of Projects with Foreign Investment prescribed in GuoFa [1997] No.37) that
is set out in the Circular of the State Council Concerning the Adjustment of Policies of Taxation on Import Equipment (GuoFa [1997]
No.37). Where there are incorrect judgment or disagreement on whether the domestic facilities purchase by the enterprises are included
in the scope of investment projects stated above, the affirmation may be made after the request for an opinion of the foreign trade
and economic authorities of provincial level.

2.

As to issues concerning “copy of tax (special for export goods) payment certificate ” that shall be provided where enterprises apply
for crediting business income tax, according to Article 10 of the Measures for the Implementation, where enterprises apply for credit
enterprise income tax, they shall provide tax (special for export goods) payment certificate. If the enterprises purchase the equipment
from the non-manufacturing departments, or with the capitals not belonging to the amount of investment, or without tax (special for
export goods) payment certificate, which may credit the business income tax according to the provisions, they may offer the purchasing
invoice of the equipment instead of tax (special for export goods) payment certificate when transacting the credit of business income
tax.



 
The State Administration of Taxation
2000-11-20

 







ANNOUNCEMENT OF THE STATE ADMINISTRATION FOR ENTRY-EXIT INSPECTION AND QUARANTINE AND THE GENERAL ADMINISTRATION OF CUSTOMS ON ADJUSTING THE CATALOGUE OF ENTRY-EXIT COMMODITIES INSPECTED AND QUARANTINED BY THE COMPETENT ENTRY-EXIT INSPECTION AND QUARANTINE AUTHORITY IN 2001

The State Administration for Entry-exit Inspection and Quarantine, the General Administration of Customs

Announcement of the State Administration for Entry-exit Inspection and Quarantine and the General Administration of Customs on Adjusting
the Catalogue of Entry-exit Commodities Inspected and Quarantined by the Competent Entry-exit Inspection and Quarantine Authority
in 2001

[2001] No.1

January 18,2001

Based on the tariff items of the Tariff Nomenclature adjusted by the Tariff Commission of the State Council and the adjusted customs
import and export tariff schedule, the State Administration for Entry-exit Inspection and Quarantine and the General Administration
of Customs jointly make corresponding adjustments to the Catalogue of Entry-exit Commodities Inspected and Quarantined by the Competent
Entry-exit Inspection and Quarantine Authority (Decree of the State Administration for Entry-exit Inspection and Quarantine and the
General Administration of Customs [2000] No.1 ). The adjustments are hereby publicized as follows, which enter into force as of March
1, 2001.

Attachment I: The New Adjusted Catalogue of the Commodities for Entry-exit Inspection and Quarantine (omitted)

Attachment II: The Nullified Commodity Code after the Adjustment (omitted)



 
The State Administration for Entry-exit Inspection and Quarantine, the General Administration of Customs
2001-01-18

 







CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION FOR ISSUING THE INTERIM MEASURES FOR THE ADMINISTRATION OF PROCESSING TRADE IN EXPORT PROCESSING ZONES

20060101

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation for Issuing the Interim Measures for the Administration of Processing
Trade in Export Processing Zones

WaiJingMaoGuanFa [2001] No.141

March 21,2001

The committees (Offices, Bureaus) 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, All Commissioner’s Offices and Bureaus of Quota
License Affairs:

For the purpose of making experiments with export processing zones, implementing the Reply of the General Office of the State Council
on Conducting Experiments with Export Processing Zones and the Reply of the State Council Concerning the Interim Measures of the
General Administration of Customs of the People’s Republic of China for the Control of Export Processing Zones (respectively GuoBanHan
[2000] No. 37 and GuoHan [2000] No.38), and with the consent of the General Administration of Customs, the Interim Measures for
the Administration of Processing Trade in Export Processing Zones is formulated and is hereby issued to you for your implementation.
If any problems arise in the implementation, please report to the Ministry of Foreign Trade and Economic Cooperation (Trade Administration
Department).

There is hereby the notification. Attachment: Interim Measures for the Administration of Processing Trade in Export Processing Zones

Chapter I General Provisions

Article 1

These Measures are formulated in accordance with the Reply of the General Office of the State Council on Conducting Experiments with
Export Processing Zones and the Reply of the State Council Concerning the Interim Measures of the General Administration of Customs
of the People’s Republic of China for the Control of Export Processing Zones, with a view to conducting administration of export
processing zones and promoting the sound and stable development of processing trade.

Article 2

“Processing trade” referred to in these Measures means that an enterprise in the export processing zone imports from abroad or purchases
in domestic market raw and processed materials, parts, components and packing materials, etc, processes and assembles them and then
exports the finished goods, including processing materials supplied by clients and processing imported materials.

Article 3

All enterprises in the export processing zone must, in accordance with the relevant existing legal provisions of the state, be registered
and established according to law. They must obtain corporate capacity. The enterprises with foreign investment must go through formalities
according to the existing regulations on the administration of foreign investment.

Article 4

In principle, the relevant department of the local government is to be responsible for inviting investment to the export processing
zone. When inviting investment, the local governments shall abide by the guidance of the relevant industrial policy of the state,
and give priority to attracting large, newly established enterprises of downstream processing trade (e.g. manufacturers of complete
machinery, which require large amount of raw and processed materials transferred from other enterprises of processing trade) to the
zone.

Chapter II the Administration of the Processing Trade Business in the Export Processing Zone

Article 5

The department of foreign trade and economic cooperation of the government at the provincial level shall be responsible for the administration
of processing trade business in the export processing zone. The Management Committee of an export processing zone (hereinafter referred
to as the Management Committee), which has been set up with the approval of the government at a higher level shall take charge of
the examination and approval of the processing trade business in the zone. The Management Committee shall keep informed of the operation
state of the enterprises in the zone and report regularly to the department of foreign trade and economic cooperation of the government
at the provincial level. In regions where conditions permit, the Management Committee shall, through the Port Electronic System for
Law Enforcement, find out from the Customs the data of import and cancellation after verification of the enterprises in the zone.

Article 6

After established in the zone, the enterprise must, by presenting its business license, submit to the Management Committee a written
application for engaging in processing trade. The application shall contain the form and content of the processing trade by the enterprise,
and be attached with the list of the equipment and the list of materials and articles to be imported for the processing and the list
of the finished goods to be exported (The three lists may be submitted separately for approval if they cannot be submitted together,
for the formats of which, refer to the Attachment).

Article 7

After receiving the application of an enterprise in the zone, the Management Committee shall make strict examination in accordance
with the relevant provisions of the state and then issue an Approval Certificate for Processing Trade Business in the Export Processing
Zone (for the format of it, refer to the Attachment) and approve the attached lists, for those applications for the processing trade
business which is not prohibited by the state. The Customs shall register and put on records the enterprise according to the approval.

Article 8

In regions where the conditions permit, the enterprise shall submit their application and the attached lists to the Management Committee
through the Port Electronic System for Law Enforcement, the Management Committee shall examine such application and attached lists
also through the same System. The Customs shall register the enterprise according to the electronic documents approved by the Management
Committee.

Article 9

The enterprise in the zone may start the processing trade business within the approved scope only after it has been registered by
the Customs; where any new processing trade business manages beyond the approved scope, the enterprise must go through the examination
and approval procedures with the Management Committee in accordance with the provisions of Article 6 for such new business.

Article 10

Products finished in the zone shall be exported. Under special circumstances or where the finished products need to be sold in domestic
market out of the zone according to the contract (articles of association) of the enterprise with foreign investment, the relevant
enterprise in the zone shall go through the exit-zone formalities with the Customs, while the relevant enterprise out of the zone
shall go through the entry-zone procedure with the Customs of the zone in accordance with the relevant import provisions, and submit
the import license if such finished products belong to the products of import licenses administration.

Article 11

Leftover bits and pieces, defective or substandard products and waste products brought about during the processing production of the
enterprise in the zone shall be managed according to the relevant measures for the management of those outside the zone. If any leftover
bits and pieces and waste products really need to be transported outside the zone for destruction, such transport and destruction
shall be subject to the approval of the Management Committee and the department of environmental protection at the place of destruction.,
the Customs shall check them according to the approval. The enterprise must, after the destruction, submit the destruction proof
to the Management Committee for record.

Chapter III Import and Export of Goods

Article 12

No goods imported or exported between the export processing zone and any area outside the country shall be subject to any import or
export quota or license, except the goods subject to passive quota control, hypertoxic chemicals, chemical weapon prosoma, solid
waste, and other materials, which, according to the relevant provisions of the state, shall be subject to license and which the Customs
may release only upon valid certificate.

Article 13

Goods trading between the export processing zone and any domestic enterprise outside the zone is regarded as normal import and export,
and shall be handled in accordance with the relevant existing provisions. Goods subject to import or export allocation license shall
be released by the Customs upon valid certificate.

Article 14

The goods whose import or export is prohibited by the state may not in principle enter the export processing zone. Where any domestic
enterprise outside the zone needs to transport any goods whose export is prohibited by the state or which are subject to unified
operation to the zone for processing and then transport the processed products to any domestic region outside the zone, an application
shall be submitted to the Ministry of Foreign Trade and Economic Cooperation for approval, and the Customs shall make supervision
thereon in accordance with the relevant administrative regulations concerning processing exported materials.

Article 15

Imported equipment provided, not as investment, by the foreign party under processing trade contract shall, when entering the export
processing zone, be exempt from any import license, and shall, however, be under the supervision and control of the Customs, and
be returned outside the country upon the expiration of the contract; for those, after the expiration of the contract, cannot be returned
and require the Customs to release the supervision and control in order to be transported outside the zone, the Customs shall handle
the affairs according to the relevant provisions concerning normal import.

Chapter IV Supplementary Provisions

Article 16

All enterprises in the zone must do their business in accordance with the relevant laws and regulations of the state.

Article 17

The Management Committee of each export processing zone shall, in accordance with the relevant provisions of the State and these Measures
and the operational procedures for the Port Electronic System for Law Enforcement, and in the light of the local conditions, formulate
proper implementation rules, and submit them to the Ministry of Foreign Trade and Economic Cooperation for record.

Article 18

These Measures shall enter into force as of April 1, 2001. The Ministry of Foreign Trade and Economic Cooperation and the General
Administration of Customs shall be responsible for the their interpretation.



 
The Ministry of Foreign Trade and Economic Cooperation
2001-03-21

 







SUPPLEMENTARY CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON RELEVANT ISSUES CONCERNING THE ADMINISTRATIVE MEASURES AND THE WORKING RULES FOR THE COLLECTION AND PAYMENT OF INCOME TAX OF ENTERPRISES WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES

The State Administration of Taxation

Supplementary Circular of the State Administration of Taxation on Relevant Issues Concerning the Administrative Measures and the Working
Rules for the Collection and Payment of Income Tax of Enterprises with Foreign Investment and Foreign Enterprises

GuoShuiHan[2001]No.319

April 30, 2001

The state taxation bureaus of all the provinces, autonomous regions, municipalitie directly under the Central Government and municipalities
separately listed on the State plan, the local taxation bureau of Shenzhen and the Yangzhou College for Further Studies on Taxation:

On the work of the collection and payment of income tax of enterprises with Foreign investment and foreign enterprises, the State
Administration of Taxation has issued the amended “Administrative Measures for the Collection and Payment of Income Tax of Enterprises
with foreign investment and Foreign Enterprises” (hereinafter referred to as “Measures”) and the “Working Rules for the Collection
and Payment of Income Tax of Enterprises with Foreign Investment and Foreign Enterprises” (hereinafter referred to as “Rules”) (GuoShuiFa
[2001] No.9). The relevant issues concerning the implementation of the Measures and Rules are hereby clarified as follows:

1.

On the administration of taxation assistance by taxpayer branches:

The administration of taxation assistance by taxpayers that have set up branches or business offices (hereinafter referred to as “business
offices”) in different regions is the joint function and duty of the taxation departments, therefore a system of taxation assistance
administration overseeing the business offices of taxpayers shall be established.

1)

The taxation department for the location where the head office or the business office responsible for collecting reports and paying
income tax for the enterprise (hereinafter referred to as “tax collection and payment office”) is located shall, after accepting
the report of annual income tax collection or consolidation of the taxpayer, produce the Certificate of Report of the Collection
or Consolidation of Enterprise Income Tax of the Enterprises with Foreign Investmentand Foreign Enterprises (Attachment 1) for the
taxpayer in appropriate time. The certificate shall be sent to the department in charge of taxation of the place where the taxpayer’s
business office is located. The time limit for submitting the certificate as provided by Article 6 of the Measures shall be adjusted
before June 31 of each year.

2)

If the taxation department of the location where the tax collection and payment office is located has found points of clarification
involving the taxpayer’s business office in the examination and evaluation of the tax collection reports and needs to make further
verification, it may send the “Letter for Assistance regarding Taxation Affairs of the Business Office” (Attachment 2) to the taxation
department of the location where the business office of that taxpayer is located, and that taxation department of the place where
that business office is located shall be responsible for the investigation and verification for affairs needing assistance, and shall
write a letter about the result back to the taxation department of the location where the tax collection and payment office is located.
If the taxation department of the place where the business office is located has found, in routine administration or taxation inspection,
problems involving income tax such as reporting less income or listing more costs for the business office, it shall promptly notify
in written form the taxation department of the location where the tax collection and payment office is located to handle the taxation
affairs (Attachment 3).

3)

The taxation department of the place where the business office is located shall abide by the following methods and procedures when
executing Article 6 of the Measures to collect tax on-location from the business office.

a.

The taxation department of the location where the business office is located may collect tax from the business office on-location
only under the following circumstances:

The business office has not submitted, before the time limit (July 31) provided by Article 6 of the Measures, the “Certificate of
Report of the Collection or Consolidation of Enterprise Income Tax of the Enterprises with Foreign Investment and Foreign Enterprises”
produced by the taxation department of the place where the tax collection and payment office is located, or other certificates that
can prove that its tax collection and payment office has reported the collection of annual income tax, without having obtained the
approval documents for a reporting extension.

b.

For the business office subject to the circumstances mentioned above, the amount of income tax to be collected may be verified and
calculated, or be verified according to the profit level for the same industry or by other means, and the amount of tax shortfall
shall be calculated and the punishment shall be determined according to the provisions of taxation laws and regulations; but if the
taxpayer’s collection report belongs to a profit loss or tax exemption year, the taxation department of the place where the business
office is located shall notify in written form the taxation department of the place where the tax collection and payment office is
located to make a unified tax adjustment (Attachment 3).

c.

The taxation department of the location where the business office is located shall, after handling the taxation affairs of the business
office according to the provisions mentioned above, notify in written form the taxation department of the place where the tax collection
and payment office is located regarding the relevant information (Attachment 3).

2.

On the examination and appraisal of the report of collection and payment

The collection and payment of enterprise income tax shall be completed within the period provided by tax laws. For this purpose, if
the taxation departments of the localities can not finish the detailed examination and appraisal of the annual report form of the
enterprises according to the full requirements of the Measures for Tax Examination and Appraisal within the period for collection
and payment provided by tax laws before adopting electronic means for examination and appraisal or because of other reasons, they
may make the initial tax examination of the relevant items provided by Item 3 of the Second Paragraph of Article 3 of the “Working
Rules for the Collection and Payment of Income Tax of Enterprises with Foreign Investment and Foreign Enterprises” after receiving
the report form materials submitted by the taxpayer, and shall issue the notification of collection and payment according to the
result of the initial examination and appraisal within the period of collection and payment provided by tax laws. The departments
shall make detailed appraisals on the taxpayers that have points of clarification arise during the initial examination and appraisal,
and shall make relevant taxation adjustments.

Attachments:

1.

Certificate of Report of the Collection or Consolidation of Enterprise Income Tax of the Enterprises with Foreign Investment and Foreign
Enterprises

2.

Letter for Assistance regarding Taxation Affairs of the Business Office

3.

Letter of Contact regarding the Taxation Handlings of the Business Office

Attachment 1:Certificate of Report of the Collection or Consolidation of Enterprise Income Tax of the Enterprises with Foreign Investment and Foreign
Enterprises

Certificate No. ( ) of the State (local) taxation bureau

To the State (local) taxation bureau:

The _______________________________________________ under your jurisdiction is the business office set up in your place by the ____________________________under
our jurisdiction, and has already collected or consolidated and reported its annual enterprise income tax at this bureau in Month
__ Year __.

Hereby certified.

Name and official seal of the taxation department of the place where the tax collection and payment office is located.

Month__ Day__ Year __

Certificate of Report of the Collection or Consolidation of Enterprise Income Tax of the Enterprises with Foreign Investment and Foreign
Enterprises

Certificate No. ( ) of the State (local) taxation bureau

To the State (local) taxation bureau:

The ____________________________________ under your jurisdiction is the business office set up in your place by the __________________________
administrated by our bureau, and has already collected or consolidated and reported its annual enterprise income tax at this bureau
in Month __ Year __.

Hereby certified.

With greetings

Name and official seal of the taxation department of the place where tax collection and payment office is located

Month __ Day __ Year __

Post code and address of the taxation department:

Person responsible for business contact:

Telephone:

Fax:

Attachment 2:Letter for Assistance regarding Taxation Affairs of the Business Office (Receipt)

No. ( ) of the State (local) taxation bureau

To the State (local) taxation bureau:

The __________________________________ under your jurisdiction is the business office set up in your place by the ________________________
administrated by this bureau, please investigate and verify the following matters regarding that business office:

Matters:

Points of Clarification:

The name and official seal of the taxation department of the place where tax collection and payment is located

Month __ Day __ Year __

Letteistance regarding Taxation Affairs of the Business Office (Receipt)

Letter No. ( ) of the State (local) taxation bureau

The state (local) taxation bureau:

The __________________________________ under your jurisdiction is the business office set up in your place by the ________________________
administrated by this bureau, please investigate and verify the following matters regarding that business office:

Matters:

points of clarification:

Registered address of the business office:

Telephone:

Fax:

With greetings

Name and official seal of the taxation department of the place where the tax collection and payment is located

Month __ Day __ Year __

Post code and address of the department in charge of taxation:

Person responsible for business contact:

Telephone:

Fax:

Attachment 3:Letter of Contact regarding the Taxation Handlings of the Business Office

Letter No. ( ) of the State (local) taxation bureau

The State (local) taxation bureau:

The ____________________________________ under your jurisdiction is the business office set up in your place by the __________________________
administrated by our bureau.

Address of the business office:

Telephone:

Fax:

According to the Law of the People’s Republic of China on Income Tax of Enterprises with Foreign Investment and Foreign Enterprises
and the provisions of the “Supplementary Circular on Relevant Issues Concerning the Administrative Measures and Working Rules for
the Collection and Payment of Income Tax of Enterprises with Foreign Investment and Foreign Enterprises,” we will handle, based on
our verification, the income tax of that business office of Year __ as follows:

1.

The amount of taxable income that the business office has not collected and reported as determined by our bureau:

1)

Verified amount: ___________________.

2)

Amount appraised and calculated according to the profit margins of the same industry: _____________________.

3)

Amount appraised and calculated by other means: _______________.

2.

The amount of unreported to be collected and the punitive amount calculated by this bureau:

Applicable tax rate (actual collection rate): __________ Tax amount to be collected: _______________. Late fee ___________________
Punitive amount: ____________________.

3.

The taxation affairs submitted by this bureau to you for handlings:

1)

The amount of income that the business office has failed to report: ________________.

2)

The amount expenses over-claimed by the business office: ___________.

3)

The amount of profit (loss) of this business office for which your bureau must make taxation adjustment and handlings because the
taxpayer is considered to belongs to a profit loss (tax exemption) year: _______.

4)

Other matters: _________________________________________.

Name and official seal of the taxation department of the place where the business office is located

Month __ Day __ Year __

Postal code of the taxation department: Address:

Person responsible for business contact:

Telephone:

Fax:



 
The State Administration of Taxation
2001-04-30

 







JUDGES LAW

Judges Law of the People’s Republic of China

(Adopted at the 12th Meeting of the Standing Committee of the Eighth National People’s Congress on February 28, 1995,
promulgated by Order No. 38 of the President of the People’s Republic of China on February 28, 1995, and amended in accordance with
the Decision on Amending the Judges Law of People’s Republic of China adopted at the 22nd Meeting of the Standing Committee of the
Ninth National People’s Congress on June 30, 2001) 

Contents 

Chapter I     General Provisions 

Chapter II    Functions and Duties 

Chapter III   Obligations and Rights 

Chapter IV    Qualifications for a Judge 

Chapter V     Appointment and Removal 

Chapter VI    Posts to Be Avoided 

Chapter VII   Grades of Judges 

Chapter VIII  Appraisal 

Chapter IX    Training 

Chapter X     Awards 

Chapter XI    Punishment 

Chapter XII   Salary, Insurance and Welfare 

Chapter XIII  Resignation and Dismissal 

Chapter XIV   Retirement 

Chapter XV    Petition and Complaint 

Chapter XVI   Commission for Examination and Assessment of Judges 

Chapter XVII  Supplementary Provisions 

 

Chapter I 

General Provisions 

Article 1   This law is enacted in accordance with the Constitution to enhance the quality of judges, to strengthen the
administration of judges, and to ensure that the People’s Courts independently exercise judicial authority according to law, that
judges perform their functions and duties according to law and that law is administered impartially. 

Article 2   Judges are judicial persons who exercise the judicial authority of the State according to law, and they include
the presidents, vice-presidents, members of judicial committees, chief judges and associate chief judges of divisions, judges and
assistant judges of the Supreme People’s Court, local People’s Courts at various levels and special People’s Courts such as military
courts. 

Article 3   Judges shall faithfully implement the Constitution and laws, and serve the people wholeheartedly. 

Article 4   Judges, when performing their functions and duties according to law, shall be protected by law. 

Chapter II 

Functions and Duties 

Article 5    The functions and duties of a judge are as follows : 

(1) to take part in a trial as a member of a collegial panel or to try a case alone according to law; and 

(2) to perform other functions and duties as provided by law. 

Article 6   Presidents, vice-presidents, members of judicial committees, and chief judges and associate chief judges of
divisions shall, in addition to the judicial functions and duties, perform other functions and duties commensurate with their posts.
Chapter III 

Obligations and Rights 

Article 7   Judges shall perform the following obligations: 

(1) to strictly observe the Constitution and laws; 

(2) to take facts as the basis and laws as the criterion when trying cases, to handle cases impartially, and not to bend the law
for personal gain; 

(3) to protect the litigation rights of the participants in proceedings according to law; 

(4) to safeguard the State interests and public interests, and to safeguard the lawful rights and interests of natural persons, legal
persons and other organizations; 

(5) to be honest and clean, faithful in the discharge of duties, to observe discipline and professional ethics; 

(6) to keep State secrets and the secrets of judicial work; and 

(7) to accept legal supervision and supervision by the masses. 

Article 8   Judges shall enjoy the following rights: 

(1) to have the power and working conditions which are essential to the performance of the functions and duties of judges; 

(2) to brook no interference from administrative organs, public organizations or individuals in trying cases according to law; 

(3) to be not removed, demoted or dismissed from the post, and to be not given a sanction, without statutory basis and without going
through statutory procedures; 

(4) to be remunerated for work and to enjoy insurance and welfare benefits; 

(5) to enjoy safety of the person, property and residence as ensured by law; 

(6) to receive training; 

(7) to lodge petitions or complaints; and 

(8) to resign their posts. 

Chapter IV 

Qualifications for a Judge 

Article 9   A judge shall possess the following qualifications: 

(1) to be of the nationality of the People’s Republic of China; 

(2) to have reached the age of 23; 

(3) to endorse the Constitution of the People’s Republic of China; 

(4) to have fine political and professional quality and to be good in conduct; 

(5) to be in good health; and 

(6) to have worked in law for at least two years in the case of a graduate from a four-year course in the law specialty of an institution
of higher education or a graduate from a four-year course in a non-law specialty of such an institution who possesses the professional
knowledge of law, and to have worked in law for at least three years in the case of the said graduate to be appointed judge of a
Higher People’s Court or the Supreme People’s Court; to have worked in law for at least one year in the case of a person holding
a Master of Law degree or Doctor of Law degree; or a person holding a master’s degree or doctor’s degree of non-law specialty who
possesses the professional knowledge of law, and to have worked in law for at least two years in the case of the said person to be
appointed judge of a Higher People’s Court or the Supreme People’s Court. 

The judicial persons who, before this Law is implemented, do not possess the qualifications as provided by sub-paragraph (6) of the
preceding paragraph shall receive training. The specific measures shall be formulated by the Supreme People’s Court. 

Where it is really difficult to apply the provisions in sub-paragraph (6) of the first paragraph regarding the academic qualifications,
such qualifications for judges may, upon examination and approval by the Supreme People’s Court and within a limited period of time,
be relegated to include graduates from a two-or-three-year course in the law specialty of an institution of higher education. 

Article 10   None of the following persons may hold the post of a judge: 

(1) persons who have been subjected to criminal punishment for commission of a crime; or 

(2) persons who have been discharged from public employment. 

Chapter V 

Appointment and Removal 

Article 11   A judge shall be appointed or removed from the post in accordance with the limit of authority for, and procedures
of, appointment or removal as prescribed by the Constitution and laws. 

The President of the Supreme People’s Court shall be elected or removed by the National People’s Congress. The vice-presidents, members
of the judicial committee, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the Standing
Committee of the National People’s Congress upon the suggestions of the President of the Supreme People’s Court. 

The presidents of the local People’s Courts at various levels shall be elected or removed by the local People’s Congress at various
levels. The vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges
shall be appointed or removed by the standing committees of the people’s congresses at the corresponding levels upon the suggestions
of the presidents of those courts. 

The appointment or removal of the presidents of the Intermediate People’s Courts set up in prefectures of the provinces or autonomous
regions or set up in the municipalities directly under the Central Government shall be decided on by the standing committees of the
people’s congresses of provinces, autonomous regions or municipalities directly under the Central Government on the basis of the
nominations made by the respective councils of chairmen. The vice-presidents, members of the judicial committees, chief judges and
associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people’s congresses
of the provinces, autonomous regions or municipalities directly under the Central Government upon the suggestions of the presidents
of the Higher People’s Courts. 

The presidents of the local People’s Courts at various levels set up in the national autonomous areas shall be elected or removed
by the people’s congresses at various levels of the national autonomous areas. The vice-presidents, members of the judicial committees,
chief judges and associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people’s
congresses at the corresponding levels upon the suggestions of the presidents of those courts. 

The assistant judges of the People’s Courts shall be appointed or removed by the presidents of the courts where they work. 

The measures for the appointment or removal of the presidents, vice-presidents, members of the judicial committees, chief judges
and associate chief judges of divisions and judges of the Special People’s Courts such as the military courts shall be formulated
by the Standing Committee of the National People’s Congress separately. 

Article 12   Persons to be appointed judges for the first time shall be selected, through strict examination and appraisal,
from among those who have passed the uniform national judicial examination and who are the best qualified for the post, in conformity
with the standards of having both ability and political integrity. 

Persons to be appointed presidents or vice-presidents of People’s Courts shall be selected from among the best judges and other people
who are best qualified for the post. 

Article 13   If a judge is found to be in any of the following circumstances, a suggestion shall be submitted according
to law for his or her removal from the post: 

(1) having forfeited the nationality of the People’s Republic of China; 

(2) having been transferred out of a court; 

(3) having no need to maintain his or her original post after a change of post; 

(4) being determined to be incompetent in the post through appraisal; 

(5) being unable to perform the functions and duties of a judge for a long period of time due to poor health; 

(6) having retired from the post; 

(7) having resigned the post, or having been dismissed; or 

(8) being disqualified from continuing to hold the post because of violation of discipline or law or commission of a crime. 

Article 14   Once the organ discovers that the appointment of a person as judge made by it is in violation of the provisions
of this Law governing the qualifications for judges, it shall revoke the appointment. Where a court at a higher level discovers that
the appointment of a judge made by a court at a lower level is in violation of the provisions governing the qualifications for judges,
the former shall suggest to the latter that it revoke the appointment in accordance with law or that the it, in accordance with law,
suggest to the standing committee of the people’s congress at the same level that it revoke the appointment. 

Article 15   No judges may concurrently be members of the standing committees of the people’s congresses, or hold posts
in administrative organs, procuratorial organs, enterprises or institutions, or serve as lawyers. 

Chapter VI 

Posts to Be Avoided 

Article 16   Judges who are connected by husband-wife relationship, or who are directly related by blood, collaterally
related within three generations, or closely related by marriage may not, at the same time, hold the following posts: 

(1) the president, vice- presidents, members of the judicial committee, chief judges or associate chief judges of divisions in the
same People’s Court; 

(2) the president, vice-presidents, judges or assistant judges in the same People’s Court; 

(3) the chief judge, associate chief judges, judges or assistant judges in the same division; or 

(4) presidents or vice-presidents of the People’s Courts at the levels next to each other. 

Article 17   No judge may, within two years after leaving his or her post from a People’s Court, serve as an agent ad litem
or a defender in the capacity of a lawyer. 

No judge may, after leaving his or her post from a People’s Court, serve as an agent ad litem or a defender in a case being handled
by the court where he or she previously held a post. 

No spouse or children of a judge may serve as an agent ad litem or a defender in a case being handled by the court where the judge
holds a post. 

Chapter VII 

Grades of Judges 

Article 18   Judges are divided into twelve grades. 

The President of the Supreme People’s Court is the Chief Justice, and judges from the second to the twelfth grade are composed of
associate justices, senior judges and judges. 

Article 19   Grades of judges shall be determined on the basis of their posts, their actual working ability and political
integrity, their professional competence, their achievements in judicial work and their seniority. 

Article 20   Measures for the establishment of the grades and for their evaluation and promotion shall be formulated separately
by the State. 

Chapter VIII 

Appraisal 

Article 21   Appraisal of judges shall be conducted by the People’s Courts the judges belong to. 

Article 22   The appraisal of judges shall be carried out objectively and impartially, through the combined efforts of
the leaders and masses, and routinely and annually. 

Article 23   The appraisal of judges shall include their achievements in judicial work, their ideological level and moral
character, their competence in judicial work and their mastery of law theories, their attitude in and style of work. However, emphasis
shall be laid on their achievements in judicial work. 

Article 24   The results of the annual appraisal shall fall into three grades: excellent, competent and incompetent. 

The results of appraisal shall be taken as the basis for award, punishment, training, removal or dismissal of a judge, and for readjustment
of his or her grade and salary. 

Article 25   A judge shall be informed of the result of the appraisal in written form. If the judge disagrees with the
result, he or she may apply for reconsideration. 

Chapter IX 

Training 

Article 26   Theoretical and professional training for judges shall be carried out in a planed way. 

The principles of integrating theory with practice, giving lectures in light of the needs, and emphasizing practical results shall
be applied in the training of judges. 

Article 27   The judges colleges and universities of the State and other institutions for training judges shall, in accordance
with relevant regulations, undertake the task of training judges. 

Article 28   The results of the studies of judges and appraisals made during their training shall be taken as one of the
bases for their appointment and promotion. 

Chapter X 

Awards 

Article 29   Judges who have made significant achievements and contributions in judicial work, or performed other outstanding
deeds shall be rewarded. 

The principle of combining moral encouragement with material reward shall be applied in rewarding judges. 

Article 30   Judges who have any of the following achievements to their credit shall be rewarded: 

(1) having achieved notable successes in enforcing laws and handling cases impartially; 

(2) having accumulated rich experience in judicial practice that may serve as a guide in judicial work; 

(3) having made proposals for the reform of judicial work that have been adopted and have produced remarkable results; 

(4) having performed outstanding deeds in safeguarding the interests of the State, the collective and the people against heavy losses; 

(5) having performed outstanding deeds by bravely fighting against illegal or criminal acts; 

(6) having made judicial proposals that have been adopted and have produced remarkable results, or having scored outstanding successes
in publicizing the importance of the legal system and guiding the work of the people’s mediation committees; 

(7) having scored outstanding achievements in protecting State secrets and secrets of judicial work; or 

(8) having performed other meritorious deeds. 

Article 31   The awards include: Citation for Meritorious Deeds, Merit Citation Class III, Merit Citation Class II, Merit
Citation Class I, and a post_title of honour. 

The awards shall be authorized and procedures gone through in accordance with relevant regulations. 

Chapter XI 

Punishment 

Article 32   No judge may commit any of the following acts: 

(1) to spread statements damaging the prestige of the State; to join illegal organizations; to take part in such activities as assembly,
procession and demonstration against the State; and to participate in strikes; 

(2) to embezzle money or accept bribes; 

(3) to bend law for personal gain; 

(4) to extort confessions by torture; 

(5) to conceal or falsify evidence; 

(6) to divulge State secrets or secrets of judicial work; 

(7) to abuse functions and powers; and to infringe upon the lawful rights and interests of natural persons, legal persons or other
organizations; 

(8) to neglect his or her duty so as to wrongly judge a case or to cause heavy losses to the party concerned; 

(9) to delay the handling of a case so that work is adversely affected; 

(10) to take advantage of the functions and powers to seek gain for himself or herself or other people; 

(11) to engage in profit-making activities; 

(12) to meet the party concerned or his or her agent without authorization and attend dinners or accept presents given by the party
concerned or his or her agent; or 

(13) to commit other acts in violation of law or discipline. 

Article 33   A judge who has committed any of the acts listed in Article 32 of this Law shall be given sanctions; if the
case constitutes a crime, he or she shall be investigated for criminal responsibility in accordance with law. 

Article 34   The sanctions include: a disciplinary warning, a demerit recorded, a grave demerit recorded, demotion, dismissal
from the post and discharge from public employment. 

The salary of a judge who has been dismissed from the post shall at the same time be reduced and his or her grade be demoted. 

Article 35   A sanction shall be authorized and procedures gone through in accordance with relevant regulations. 

Chapter XII 

Salary, Insurance and Welfare 

Article 36   The salary system and scales for judges shall, in light of the characteristics of judicial work, be formulated
by the State. 

Article 37   The system under which the salaries of judges are increased regularly shall be practiced. The salary of a
judge who has been confirmed through appraisal as being excellent or competent may be raised in accordance with regulations; the
salary of a judge who has made special contributions may be raised in advance in accordance with regulations. 

Article 38   Judges shall enjoy judicial allowances, regional allowances and other allowances and insurance and welfare
benefits as prescribed by the State. 

Chapter XIII 

Resignation and Dismissal 

Article 39   If a judge requests resignation, he or she shall present an application in written form before he or she shall
be removed in accordance with the procedures as provided by law. 

Article 40   A judge shall be dismissed if he or she is found to be in any of the following circumstances: 

(1) to be confirmed by annual appraisal as being incompetent for two successive years; 

(2) to be unqualified for the present post and decline to accept other assignments; 

(3) to refuse to accept reasonable transfer, which is necessitated by restructuring of the judicial organ or reduction of the size
of the size of the staff; 

(4) to have stayed away from work without leave or to have overstayed his or her leave without good reason for fifteen days or more
in succession, or for thirty days or more in a year aggregated; or 

(5) to fail to perform a judge’s duty, and make no rectification after criticism. 

Article 41   A judge who is dismissed shall be removed from the post in accordance with the procedures as provided by law. 

Chapter XIV 

Retirement 

Article 42   The retirement system regarding judge shall, in light of the characteristics of judicial work, be formulated
separately by the State. 

Article 43   After retirement judges shall enjoy the insurance of old-age pension and other benefits as prescribed by the
State. 

Chapter XV 

Petition and Complaint 

Article 44   If a judge disagrees with the sanction given to him or her or the disposition of his or her case by a People’s
Court, he or she may, within 30 days from the date of receiving the decision on the sanction or disposition, apply for reconsideration
to the organ which gave the sanction or disposed of the case and shall have the right to appeal to the organ at a level higher than
the organ which gave the sanction or disposed of the case. 

The organ that receives the appeal must make a decision on it in accordance with regulations. 

During the period of reconsideration or petition, execution of the decision on a sanction or disposition made with regard to a judge
shall not be suspended. 

Article 45   If a State organ or any of its functionaries commits an act infringing upon the rights of a judge as provided
by Article 8 of this Law, the judge shall have the right to make a complaint. 

If an administrative organ, a public organization or an individual interferes in a case that a judge is trying according to law,
that organ, organization or individual shall be investigated for responsibility according to law. 

Article 46   The petition or complaint made by a judge shall be true to facts. If a judge makes up a story or lodges a
false accusation against an innocent person, he or she shall be investigated for responsibility according to law. 

Article 47   Where the sanction given to a judge or the disposition of hie or her case is wrong, it shall be put right
without delay; if it has damaged the judge’s reputation, the reputation shall be rehabilitated, the ill effects shall be eliminated
and an apology shall be made; if it has caused financial losses to the judge, compensations shall be made. The persons who are directly
responsible for retaliation shall be investigated for responsibility according to law. 

Chapter XVI 

Commission for Examination and Assessment of Judges 

Article 48   A People’s Court shall establish a commission for examination and assessment of judges. 

The functions and duties of a commission for examination and assessment of judges are to guide the training, examination, appraisal
and assessment of judges. Specific measures in this regard shall be formulated separately. 

Article 49   The number of persons on a commission for examination and assessment of judges shall be five to nine. 

The chairman of a commission for examination and assessment of judges shall be assumed by the president of the court it belongs to. 

Chapter XVII 

Supplementary Provisions 

Article 50   In light of the need of judicial work, the Supreme People’s Court may shall, in conjunction with the relevant
departments, formulate measures to fix the proportion of judges to other staff members in the People’s Courts at different levels. 

Article 51   The State institutes a uniform judicial examination system for persons to be appointed judges or procurators
for the first time, or to obtain the qualifications for lawyer. The judicial administration department under the State Council shall,
in conjunction with the Supreme People’s Court and the Supreme People’s Procuratorate, formulate implementation measures for judicial
examination. The judicial administration department under the State Council shall take charge of the implementation of the measures. 

Article 52   The executors of the People’s Courts shall be administered with reference to the relevant provisions of this
Law. 

Measures for the administration of the clerks of the People’s Courts shall be formulated by the Supreme People’s Court. 

The administrative judicial personnel of the People’s Courts shall be administered in accordance with the relevant regulations of
the State. 

Article 53   This law shall go into effect as of July 1, 1995.

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







CIRCULAR OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON PROMPT AND EFFICIENT COMPLETION OF BUSINESS REGISTRATION CANCELLATION PROCEDURES

The State Administration for Industry and Commerce

Circular of the State Administration for Industry and Commerce on Prompt and Efficient Completion of Business Registration Cancellation
Procedures

GongShangQiZi [2001] No.238

August 29,2001

Administrations for industry and commerce in various provinces, autonomous regions, municipalities directly under the Central Government:

In recent years, some local governments have closed and repealed some enterprises in succession. Some enterprises lacking in adequate
knowledge of related enterprise registration administration laws and regulations did not duly complete the registration cancellation
procedures with competent authorities upon completion of their liquidation work, resulting in delayed cancellation of some enterprises.
To prevent similar problems from reoccurring, this circular on issues of enterprise registration cancellation is given as follows:

I.

Each local administration of industry and commerce should conduct a special review of the enterprises which competent government authorities
have decided to close and repeal but whose registration still remains short of cancellation. As for enterprises that should have
cancelled their registration, related departments should be urged for prompt completion of the procedures. As for enterprises who
fail to complete the registration cancellation procedures due to unfinished settlement of their equity and liabilities, competent
departments of the enterprises and the liquidation group should be urged to speed up the settlement of equity and liabilities. Businesses
failing to effect the registration cancellation procedures on other grounds should actively coordinate with related departments to
find solutions to the impeding difficulties.

II.

Each local administration of industry and commerce should report this matter to the provincial, autonomous region or municipal government
for guidance on and support for its work in this regard and carefully implement the review of enterprises canceling their registration.



 
The State Administration for Industry and Commerce
2001-08-29

 







INTERIM PROVISIONS ON THE ADMINISTRATION OF CHINESE-FOREIGN JOINT VENTURE AND CHINESE-FOREIGN COOPERATIVE JOB INTERMEDIARY INSTITUTIONS

The Ministry of Labor and Social Security, the State Administration for Industry and Commerce

Decree of the Ministry of Labor and Social Security and the State Administration for Industry and Commerce

No.14

The Interim Provisions on the Administration of the Establishment of Chinese-foreign Joint Venture and Chinese-foreign Cooperative
Job Intermediary Institutions have been adopted at the 7th executive meeting of the Ministry of Labor and Social Security (MLSS)
on May 8, 2001 and, upon the consent of the Ministry of Foreign Trade and Economic Relations (MOFTEC), are hereby promulgated for
implementation as of December 1, 2001.

Minister of the Ministry of Labor and Social Security: Zhang Zuoji

Director of the State Administration for Industry and Commerce (SAIC): Wang Zhongfu

October 9, 2001

Interim Provisions on the Administration of Chinese-foreign Joint Venture and Chinese-foreign Cooperative Job Intermediary Institutions

Article 1

These Provisions have been formulated in accordance with the Labor Law, the Law on Chinese-foreign Equity Joint Enterprises and the
Law on Chinese-foreign Cooperative Enterprises for the purpose of standardizing the establishment of Chinese-foreign joint venture
and Chinese-foreign cooperative job intermediary institutions and protecting the lawful rights and interests of the job seekers and
the employing entities.

Article 2

These Provisions shall be observed in the establishment of Chinese-foreign joint venture and Chinese-foreign cooperative institutions
for the purpose of job intermediary activities.

Article 3

The administrative departments of labor and social security, the administrative departments of foreign trade and economic cooperation
and the administrations for industry and commerce shall, within their respective functions and duties, be responsible for the approval,
registration, administration, supervision and inspection of Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary
institutions.

In order to set up a Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary institution, the approval of the
administrative department of labor and social security of the people’s government on the provincial level (hereinafter referred to
as labor and social security department) and the administrative department of foreign trade and economic cooperation shall be obtained
and registration shall be gone through at the local administration for industry and commerce of the place where the enterprises is
to be situated that is authorized by the SAIC. No solely foreign-capital job intermediary institution may be established.

The representative offices of foreign enterprises in China and the foreign chambers of commerce established in China may not engage
in any job intermediary activities.

Article 4

The Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary institutions shall carry out their business activities
on the basis of law, and their lawful business activities shall be subject to the protection of Chinese law.

Article 5

A Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution may be engaged in any and all of the following
businesses:

1.

providing intermediary services to the job seekers and employing entities both at home and abroad;

2.

providing services in employment guidance and consultation;

3.

collecting and distributing information about the labor markets;

4.

holding job fairs after obtaining the consent of the department of labor and social security on the provincial level or the department
of labor and social security on the prefecture level authorized thereby;

5.

engaging in other services as ratified by the department of labor and social security on the provincial level or the department of
labor and social security on the prefecture level authorized thereby;

Relevant provisions of the state shall be applicable to the intermediary services provided by the Chinese-foreign joint venture and
Chinese-foreign job intermediary institutions to the Chinese citizens in helping them to seek employment overseas and to the representative
offices of foreign enterprises within China in their seeking of Chinese employees.

Article 6

The following conditions shall be satisfied in the application for establishing a Chinese-foreign joint venture or Chinese-foreign
cooperative job intermediary institution, and formalities shall be completed in accordance with the procedures as provided in articles
7 and 10 of these Provisions:

1.

The foreign investor that applies for establishing a Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary
institution shall be a legal person that is engaged in the job intermediary business and shall have experience in job intermediary
services in the country where it is registered and shall have good credit standing;

2.

The Chinese investor that applies for establishing a Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary
institution shall be a legal person that is eligible for engagement in the job intermediary business and shall have good credit standing;

3.

The Chinese-foreign joint venture or Chinese-foreign cooperative institution to be established shall have a registered capital of
not less than 300,000 USD, 3 or more full-time employees that have the credentials for engaging in the job intermediary services,
a definite scope of business, articles of incorporation, rules for management, and fixed offices and facilities necessary for carrying
out business. The key business operators shall have experience in providing job intermediary services.

Article 7

To establish a Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution, an application shall be
filed to the department of foreign trade and economic cooperation on the provincial level of the place where the institution is to
be established, and relevant documents of the Chinese-foreign joint venture or Chinese-foreign cooperative institution to be established
shall be submitted at the same time.

After having received the application, the department of foreign trade and economic cooperation on the provincial level shall transfer
the documents as mentioned below to the department of labor and social security on the same level:

1.

registration certificates of both the Chinese and foreign parties (in photocopy);

2.

career certificates (in photocopy) and resumes of the major business operators;

3.

resumes and employment credentials of the future full-time employees;

4.

certificates for the use of domicile;

5.

certificates of business scope to be engaged in;

6.

other documents as provided in laws or regulations.

Article 8

The department of labor and social security on the provincial level shall, after receiving the documents that have been transferred
thereto as pursuant to Article 7 of these Provisions, give a reply within 15 days. If the applicant has satisfied the conditions,
a certification document shall be issued for approving the establishment of the Chinese-foreign joint venture or Chinese-foreign
cooperative job intermediary institution; where the applicant has not satisfied the conditions, reasons shall be given and the documents
as mentioned above shall be returned to the department of foreign trade and economic cooperation on the provincial level.

Article 9

The department of foreign trade and economic cooperation shall, within 30 days after receiving the certification document of the department
of labor and social security on the same level approving the establishment of the Chinese-foreign joint venture or Chinese-foreign
cooperative institution, decide whether to approve or disapprove. If approval is to be granted, an approval certificate shall be
issued to the Chinese-foreign joint venture or Chinese-foreign cooperative institution; if approval is not to be granted, it shall
notify the applicant.

Article 10

Any applicant that have obtained approval shall, within 30 days after receiving the certificate of approving the Chinese-foreign joint
venture or Chinese-foreign cooperative enterprise, apply for registration at the local administration for industry and commerce of
the place where the enterprise is to be situated that has been authorized by the SAIC, and shall, within 10 days after completing
the registration, go through the procedures of filing archives at the department of labor and social security on the provincial level
or the department of labor and social security on the prefecture level authorized thereby.

Article 11

If there is any change in the investors, proportion of shares of the Chinese-foreign joint venture or Chinese-foreign cooperative
job intermediary institution or any branch is to be established, the approving procedures as provided in these Provisions shall be
followed so as to obtain the approval of the original approving authority, relevant alteration procedures shall be completed at the
administration for industry and commerce, and the procedures for filing archives shall be completed at the department of labor and
social security.

Article 12

The Provisions for the Administration of Labor Markets and other relevant provisions for the administration of enterprises with foreign
investment shall be applicable to the administration of Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary
institutions.

Article 13

These Provisions shall be applicable by reference to the Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary
institutions established by investors from the Hang Kong Special Administrative Region, Macao Special Administrative Region or investors
from Taiwan within the Mainland of China.

Article 14

These Provisions shall enter into force as of December 1, 2001.



 
The Ministry of Labor and Social Security, the State Administration for Industry and Commerce
2001-10-09

 







AGREEMENT ON ENCOURAGEMENT AND RECIPROCAL PROTECTION OF INVESTMENTS BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS

AGREEMENT ON ENCOURAGEMENT AND RECIPROCAL PROTECTION OF INVESTMENTS BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE
GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS

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

Desiring to strengthen their traditional ties of friendship and to extend and intensify the economic relations between them, particularly
with respect to investments by the investors of one Contracting Party in the territory of the other Contracting Party,

Recognising that agreement upon the treatment to be accorded to such investments will stimulate the flow of capital and technology
and the economic development of the Contracting Parties and that fair and equitable treatment of investment is desirable,

Have agreed as follows:

Article 1

DEFINITIONS

For the purpose of this Agreement,

1.

The term “investment” means every kind of asset invested by investors of one Contracting Party in the territory of the other Contracting
Party, and in particular, though not exclusively, includes:

(a)

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

(b)

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

(c)

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

(d)

intellectual property rights, in particular copyrights, patents, trade-marks, trade-names, technological process, know-how and goodwill;

(e)

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

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

2.

The term “investor” means,

(a)

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

(b)

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

3.

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

4.

For the purposes of this Agreement, the term “territory” means respectively:

– for the People’s Republic of China, the territory of the People’s Republic of China (including the territorial sea and air space
above it)as well as any area beyond its territorial sea within which the People’s Republic of China has sovereign rights of exploration
for and exploitation of resources of the seabed and its sub-soil and superjacent water resources in accordance with Chinese law and
international law;

– for the Kingdom of the Netherlands, the territory of the Kingdom of the Netherlands and any area adjacent to the territorial sea
which, under the laws applicable in the Kingdom of the Netherlands, and in accordance with international law, is the exclusive economic
zone or continental shelf of the Kingdom of the Netherlands, in which the Kingdom of the Netherlands exercises jurisdiction or sovereign
rights.

Article 2

PROMOTION AND ADMISSION OF INVESTMENTS

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

Article 3

TREATMENT OF INVESTMENT

1.

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

2.

Neither Contracting Party shall take any unreasonable or discriminatory measures against the management, maintenance, use, enjoyment
and disposal of the investments by the investors of the other Contracting Party.

3.

Each Contracting Party shall accord to investments and activities associated with such investments by the investors of the other Contracting
Party treatment no less favourable than that accorded to investments and activities by its own investors or investors of any third
State.

4.

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

5.

If the provisions of law of either Contracting Party or obligations under international law existing at present or established hereafter
between the Contracting Parties in addition to the present Agreement contain a regulation, whether general or specific, entitling
investments by investors of the other Contracting Party to a treatment more favourable than is provided for the present Agreement,
such regulation shall, to the extent that it is more favourable, prevail over the present Agreement.

6.

The provisions of paragraphs 1 to 5 of this Article shall not be construed so as to oblige one Contracting Party to extend to the
investors of the other Contracting Party the benefit of any treatment, preference or privilege by virtue of:

(a)

agreements establishing customs unions, economic unions, monetary unions or similar institutions, or on the basis of interim agreements
leading to such unions or institutions:

(b)

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

(c)

any international agreement or arrangement for facilitating small scale investments in border areas.

Article 4

ENTRY AND SOJOURN OF PERSONNEL

Each Contracting Party shall, with in the framework of its legislation, give sympathetic consideration to application for visas and
working permits to investors of the other Contracting Party engaging in activities associated with investments made in the territory
of that Contracting Party.

Article 5

EXPROPRIATION

1.

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

a)the expropriation is done in the public interest and under domestic legal procedures;

b)the expropriation is not discriminatory or contrary to any undertaking which the Contracting Party, which takes such measures, may
have given;

c)the expropriation is done against compensation.

2.

The compensation referred to in paragraph 1 c) shall be equivalent to the fair market value of the expropriated investment immediately
before the expropriation measures were taken. The fair market value shall not reflect any change in value because the expropriation
had become publicly known earlier. It shall include interest at the prevailing commercial rate from the date the expropriation was
done until the date of payment and shall, in order to be effective for the affected investors, be paid and made transferable, without
delay to the country designated by the investor concerned and in the currency of the country of the affected investor, or in any
freely convertible currency accepted by the affected investor.

Article 6

COMPENSATION FOR DAMAGES AND LOSSES

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

Article 7

REPATRIATION OF INVESTMENTS AND RETURNS

1.

Each Contracting Party shall, guarantee to the investors of the other Contracting Party the transfer of their investments and returns
held in its territory, including though not exclusively:

(a)

profits, dividends, interests and other legitimate income;

(b)

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

(c)

payments pursuant to a loan agreement in connection with investments;

(d)

royalties in relation to the matters in paragraph 1 (d) of Article1;

(e)

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

(f)

payments in connection with contracting projects;

(g)

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

2.

Nothing in paragraph 1 of this Article shall affect the free transfer of compensation paid under Article 5 and 6 of this Agreement.

3.

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

Article 8

SUBROGATION

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

Article 9

SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES

1.

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

2.

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

3.

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

4.

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

5.

The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions
of this Agreement and the applicable principles of international law.

6.

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

7.

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

Article 10

SETTLEMENT OF DISPUTES BETWEEN AN INVESTOR AND A CONTRACTING PARTY

1.

Disputes which might arise between one of the Contracting Parties and an investor of the other Contracting Party concerning an investment
of that investor in the territory of the former Contracting Party shall, whenever possible, be settled amicably between the Parties
concerned.

2.

An investor may decide to submit a dispute to a competent domestic court. In case a legal dispute concerning an investment in the
territory of the People’s Republic of China has been submitted to a competent domestic court, this dispute may be submitted to international
dispute settlement, on the condition that the investor concerned has withdrawn its case from the domestic court. If a dispute concerns
an investment in the territory of the Kingdom of the Netherlands an investor may choose to submit a dispute to international dispute
settlement at any time.

3.

If the dispute has not been settled amicably within a period of six months, from the date either party to the dispute requested amicable
settlement, each Contracting Party gives its unconditional consent to submit the dispute at the request of the investor concerned
to:

(a)

the International Center for Settlement of Investment Disputes, for settlement by arbitration or conciliation under the Convention
on the Settlement of Investment Disputes between States and Nationals of Other States, opened for signature at Washington on 18 March
1963;or

(b)

an ad hoc arbitral tribunal, unless otherwise agreed upon by the parties to the dispute, to be established under the Arbitration Rules
of the United Nations Commission on International Trade Law (UNCITRAL)

4.

The ad hoc tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. In absence of such
agreement the tribunal shall apply the law of the Contracting Party to the dispute (including its rules on the conflict of laws),
the provisions of this Agreement and such rules of international law as may be applicable.

5.

The arbitral awards shall be final and binding on both parties to the dispute.

Article 11

CONSULTATIONS

Either Contracting Party may propose to the other Party that consultations be held on any matter concerning interpretation, application
and implementation of the Agreement. The other Party shall accord sympathetic consideration to the proposal and shall afford adequate
opportunity for such consultations.

Article 12

APPLICATION

This present Agreement shall also apply to investments which have been made prior to its entry into force by investors of the one
Contracting Party in the territory of the other Contracting Party in accordance with the laws and regulations of the Contracting
Party concerned, which were in force at the time the investment was made. The provisions of the present Agreement shall apply irrespective
of the existence of diplomatic or consular relations between the Contracting Parties.

Article 13

TRANSITION

1.

This Agreement substitutes and replaces the Agreement on reciprocal encouragement and protection of investments between the Government
of the People’s Republic of China and the Government of the Kingdom of the Netherlands, signed June 17th, 1985 in Hague.

2.

The present Agreement shall apply to all investments made by investors of either Contracting Party in the territory of the other Contracting
Party, whether made before or after the entry into force of this Agreement, but shall not apply to any dispute or any claim concerning
an investment which was already under judicial or arbitral process before its entry into force. Such disputes and claims shall continue
to be settled according to the provisions of the Agreement of 1985 mentioned in paragraph 1 of this Article.

Article 14

APPLICATION AND TERMINATION OF THE AGREEMENT CONCERNING THE KINGDOM OF THE NETHERLANDS

As regards the Kingdom of the Netherlands, the present Agreement shall apply to the part of the Kingdom of the Netherlands in Europe
and shall also apply to the Netherlands Antilles and to Aruba, unless the notification provided for in Article 15 , paragraph (1)
states otherwise.

Subject to the provisions of Article 15 , the Kingdom of the Netherlands shall be enpost_titled to terminate the application of the present
Agreement separately in respect of the Kingdom of the Netherlands in Europe, of the Netherlands Antilles and of Aruba.

Article 15

ENTRY INTO FORCE, DURATION AND TERMINATION

1.

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

2.

Unless notice of termination has been given by either Contracting Party at least six months before the date of the expiry of its validity,
the present Agreement shall be extended tacitly for periods of five years.

3.

With respect to investments made prior to the date of termination of this Agreement, the preceding provisions of Article 1 to 14
shall continue to be effective for a further period of fifteen years from such date of termination.

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

Done in two originals at BEIJING on 26 NOVEMBER 2001,in Chinese, Netherlands and English languages, all texts being equally authoritative.
In case of difference of interpretation the English text will prevail.

FOR THE￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿_￿FOR THE

GOVERNMENT OF￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ GOVERNMENT OF

THE PEOPLE’S REPUBLIC OF￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ THE KINGDOM OF

CHINA￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿THE NETHERLANDS

Protocol to the Agreement on encouragement and reciprocal protection of investments between the People’s Republic of China and the
Kingdom of the Netherlands

On the signing of the Agreement on encouragement and reciprocal protection of investments between the People’s Republic of China and
the Kingdom of the Netherlands, the undersigned representatives have agreed on the following provisions which constitute an integral
part of the Agreement:

Ad Article 1

The term “investments” mentioned in Article 1 (1) includes investments of legal persons of third State which are owned or controlled
by investors of one Contracting Party in accordance with the laws and regulations of the latter. The relevant provisions of this
Agreement shall apply to such investments only when such third State has no right or abandons the right to claim compensation after
the investments have been expropriated by the other Contracting Party.

The Agreement shall also apply to reinvestments made by investors of one Contracting Party in the territory of the other Contracting
Party and in accordance with the laws and regulations of that Party.

Ad Article 3 , paragraphs 2 and 3

In respect of the People’s Republic of China, paragraphs 2 and 3 of Article 3 do not apply to:

(a)

any existing non-conforming measures maintained within its territory;

(b)

the continuation of any non-conforming measure referred to in subparagraph a);

(c)

an amendment to any non-conforming measure referred to in subparagraph a) to the extent that the amendment does not increase the non-conformity
of the measure, as it existed immediately before the amendment, with those obligations.

It will be endeavored to progressively remove the non-conforming measures.

Ad Article 7

1.

With regard to the People’s Republic of China, the transfer referred to in Article 7 of this Agreement shall comply with relevant
formalities stipulated by the present Chinese laws and regulations relating to exchange control.

2.

In this respect the People’s Republic of China shall accord to the investors of the Kingdom of the Netherlands treatment not less
favourable than that accorded to the investors of any third State.

3.

These formalities shall not be used as a means of avoiding the Contracting Party’s commitments or obligations under this Agreement.

4.

The provisions of Article 7 of this Agreement shall not affect the rights and obligations with respect to exchange restrictions that
either Contracting Party has or may have as a member to the International Monetary Fund.

Ad Article 10

The Kingdom of the Netherlands takes note of the statement that the People’s Republic of China requires that the investor concerned
exhausts the domestic administrative review procedure specified by the laws and regulations of the People’s Republic of China, before
submission of the dispute to international arbitration under Article 10 , paragraph 3. The People’s Republic of China declares that
such a procedure will take a maximum period of three months.

FOR THE￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿FOR THE

GOVERNMENT OF￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿GOVERNMENT OF

THE PEOPLE’S REPUBLIC OF￿￿￿￿￿￿ ￿￿ ￿￿￿￿￿￿￿￿￿￿￿￿THE KINGDOM OF

CHINA￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿THE NETHERLANDS



 
The Government of the People’s Republic of China
2001-11-26

 







ANNOUNCEMENT OF THE STATE ADMINISTRATION FOR QUALITY SUPERVISION, INSPECTION AND QUARANTINE ON THE CATALOG OF THE FIRST SET OF ABOLISHED DEPARTMENTAL REGULATIONS

The State Administration for Quality Supervision, Inspection and Quarantine

Order of the State Administration for Quality Supervision, Inspection and Quarantine

No.11

In order to accelerate the transformation of the government functions and improve the administrative level according to law, the State
Administration for Quality Supervision, Inspection and Quarantine has cleaned up the present departmental rules and is now issuing
the First Set of Abolished Departmental Regulations(4 pieces,see attachment) which are abolished at the same date of promulgation.

Director general of the State Administration for Quality Supervision, Inspection and Quarantine Li Changjiang

December 11,2001

Announcement of the State Administration for Quality Supervision, Inspection and Quarantine on the Catalog of the First Set of Abolished
Departmental Regulations htm/e02831.htmAppendix

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￿￿

Attachment:

Catalog of the State Administration for Quality Supervision, Inspection and Quarantine of the First Set of Abolished Departmental
Regulations

￿￿

Order number 

Name of the departmental regulation 

Promulgating departments 

Promulgation date 

Reason for abolishment

Regulations on the License Administration of Export Mechanical and Electrical Products (for trial implementation) 

Former State Administration for Commodity Inspection, Former State Economic Commission, Office of Mechanical and Electrical
Product Export under the State Council 

Feb.20. 1986 

New regulations have been promulgated

Measures for the Administration of Export Mechanical and Electrical Products and Accreditation of Inspection Laboratories Thereof 

Former State Administration for Commodity Inspection, Office of Mechanical and Electrical Product Export under the State Council 

May 21, 1987 

New regulations have been promulgated

Measures for the Implementation of Accreditation of Export Mechanical and Electrical Product Inspection Laboratories 

Former State Administration for Commodity Inspection, Office of Mechanical and Electrical Product Export under the State Council 

May 25, 1987 

New regulations have been promulgated

Opinions on Strengthening the International Accreditation of Mechanical and Electrical Product Export 

Former State Administration for Commodity Inspection, Office of Mechanical and Electrical Product Export under the State Council 

Feb.10, 1993 

New regulations have been promulgated




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...