LABOUR INSURANCE REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA
REGULATIONS ON THE CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX (DRAFT)
Category | TAXATION | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | Invalidated |
Date of Promulgation | 1958-09-13 | Effective Date | 1958-09-13 | Date of Invalidation | 1993-12-29 |
Regulations of the People’s Republic of China on the Consolidated Industrial and Commercial Tax (Draft) |
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Regulations
Appendix: Consolidated Industrial and Commercial Tax Schedule of Taxable
Notes:
(Adopted, in Principle, by the 101st Meeting of the Standing Committee of
the National People’s Congress on September 11, 1958 and Promulgated by the
State Council on September 13, 1958) (Editor’s Note: These Regulations have
been annulled by Decision of the Standing Committee of the National People’s
Congress Regarding the Application of Provisional Regulations on Such Taxes
As Value-Added Tax, Consumption Tax and Business Tax to Foreign Investment
Neterprises and Foreign Enterprises promulgated on December 29, 1993)
Regulations
Article 1 These Regulations are formulated with a view to adapting the
industrial and commercial taxation system to the conditions of socialist
economy, promoting the growth of production, ensuring the supply of funds
for the national construction, and simplifying the taxation system by
incorporating the commodity tax, the commodity circulation tax, the business
tax, and the stamp tax into the consolidated industrial and commercial tax.
Article 2 All units and individuals engaged in the production of
industrial products, the purchase of agricultural products, the importation
of foreign commodities, commercial retailing, communications and
transportation, and various kinds of service trades are taxpayers of the
consolidated industry and commercial tax, and shall be subject to paying
the consolidated industrial and commercial tax in accordance with the
provisions of these Regulations.
Article 3 The categories of items subject to consolidated industrial
and commercial tax and the rates of tax are provided in the appended Schedule
of Taxable Items and Tax Rates. Any necessary additions to, decreases in or
adjustments to the individual categories of items subject to tax or the rates
of taxation shall be determined by the State Council and shall be implemented
upon promulgation.
Article 4 Taxpayers engaged in the production of industrial products
shall compute the tax, after the sale of such products, at the specified rate
based on the amount of gross income derived from the sale.
Products manufactured and used by an industrial enterprise in its own
production shall not be subject to tax. However, where such products are
subject to tax according to the Schedule of Taxable Items and Tax Rates of
these Regulations, such products shall be treated in accordance with the
provisions.
Article 5 Taxpayers engaged in the purchase of agricultural products
shall compute the tax, after the purchase of such products, at the specified
rate based on the amount paid for the products.
Article 6 Taxpayers engaged in the importation of foreign goods shall
compute the tax, after the importation of such goods, at the specified rate
based on the amount paid for the imported goods.
Article 7 Taxpayers engaged in commercial retailing shall compute the
tax, after the sales of such goods, at the specified rate based on their
income derived from such sales.
Article 8 Taxpayers engaged in communications and transportation and
various kinds of service trades shall compute the tax, after receipt of
income, at the specified rate based on the amount of their business income.
Article 9 With respect to products processed by an industrial enterprise
based on consignment, the consignor shall pay the tax. Where the consignor is
an industrial unit, the tax shall be paid in accordance with the provision of
Article 4 of these Regulations. Where the consignor is not an industrial unit,
the tax shall be paid by the consignee on behalf of the consignor at the time
when the products are delivered, or by the consignor, upon its acceptance of
delivery of the products.
Article 10 The business income of State banks, insurance undertakings,
agricultural machinery workshops, and medical and health institutions as well
as the income or scientific research institutions derived from experiments,
shall be exempt from the consolidated industrial and commercial tax.
Article 11 Where tax incentives are deemed necessary, tax reductions or
exemptions may be granted with respect to income from public canteens and
other public services operated independently by agricultural production
cooperatives or urban community organizations; income derived from purchase
and sale operations performed by supply and marketing departments of
agricultural production cooperatives on behalf of state enterprises; and
income derived by schools from the production activities of work-study
programs.
Article 12 Where tax reductions, exemptions and changes regarding the
stage at which the tax is assessed on particular products are within the
administrative district of the respective provinces, autonomous regions, or
municipalities directly under the Central Government, the matter shall be
regulated by the people’s councils of the provinces, autonomous regions, or
municipalities directly under the Central Government in accordance with the
authority granted to them by the State regarding the administration of
taxation. Where tax reductions, exemptions and changes regarding the stage at
which tax is assessed on particular products are of national scope, the matter
shall be regulated by the Stare Council.
Article 13 Taxpayers and tax authorities should bring into full play the
spirit of cooperation in dealing with taxation matters. Taxpayers shall pay
their tax correctly and promptly, and voluntarily provide tax authorities with
all necessary information. Tax authorities shall actively assist taxpayers in
the payment of tax and promptly respond to suggestions put forward by
taxpayers regarding improvements in taxation.
Article 14 The tax authorities shall, taking into account the amount of
tax payable and the operational circumstances of the enterprise concerned,
determine the time limit for the payment of tax on an individual basis.
Article 15 Where a taxpayer fails to make tax payment within the
prescribed time limit, the tax authorities, in addition to setting a new time
limit for the tax payment, shall impose a late payment fine of 0.1%
of the amount of tax due for each day the tax is overdue, commencing from the
first day on which the tax is overdue.
Article 16 Where a taxpayer evades or neglects any payment of tax, the
tax authorities may, in addition to pursuing the payment of tax, subject the
taxpayer to criticism or impose a fine not exceeding five times the amount of
the tax due according to the seriousness the offense. Cases of gross
violation shall be submitted to the people’s courts for disposal.
Article 17 The people’s councils of provinces, autonomous regions and
municipalities under the Central Government shall, in accordance with the
authority granted to them by the State regarding the administration of
taxation, separately formulate measures for taxation as to the assessment of
consolidated industrial and commercial tax on agricultural production
cooperatives, individual members of agricultural production cooperatives,
individual farmers, capitalist industrial and commercial enterprises still in
existence, individual handicraftsmen, small traders and pedlars and
unregistered-commercial businesses and submit such measures to the State
Council for the record.
Article 18 The rules for the implementation of these Regulations shall be
formulated by the Ministry of Finance of the People’s Republic of China.
Article 19 These Regulations shall become effective as of the day of
promulgation. The Interim Regulations Concerning the Commodity Tax, the
Trial Rules for Commodity Circulations Tax, the section regarding business
tax in the Interim Regulations Concerning the Industrial and Commercial Tax,
the Interim Regulations Concerning the Stamp Tax and provisions connected
therewith are hereby repealed.
Appendix: Consolidated Industrial and Commercial Tax Schedule of Taxable
Items and Tax Rates
I.Industrial and Agricultural Products (Note 1.)
———————————————————————-
| Taxable Items | Tax Rates
| Remarks |
|—————————–|————–|———————–|
| Cigarettes: | |
|
| Class A
| 69% |
|
| Class B
| 66% |
|
| Class C
| 63% |
|
| Class D
| 60% |
|
| Class E
| 40% |
|
|—————————–|————–|
|
| Cigars |
55% |
|
|—————————–|————–|
|
| Cut tobacco |
40% |
|
|—————————–|————–|
|
| Smoked leaf tobacco | 50% |
|
|—————————–|————–|
|
| Unsmoked leaf tobacco | 40% |
|
|—————————–|————–|
|
| Wines and spirits brewed | | An
enterprise shall |
| from grains: | | be
subject to tax for|
| White spirits, yellow rice | | wines
and spirits |
| Wine
| 60% | produced by itself |
| Beer
| 40% | and used for its own |
| Sweet rice wine |
40% | production, at the |
|—————————–|————–| prescribed tax rates.|
| Wines made from non-grain | |
|
| substitutes |
20% |
|
|—————————–|————–|
|
| Wines brewed from fruit | 30% |
|
|—————————–|————–|
|
|Reprocessed wines and spirits| 30% |
|
|—————————–|————–|
|
| Alcohol: | |
|
| Alcohol made from grains | 30% |
|
| Alcohol made from non-gram | |
|
| substitutes |
20% |
|
| Alcohol made from wood | 20% |
|
|—————————–|————–|
|
| Sugar: | |
|
| Machine-processed sugar | 44% |
|
| Unrefined sugar |
39% |
|
| Saccharin |
44% |
|
| Maltose |
27% |
|
|—————————–|————–|
|
| Tea
| 40% |
|
|—————————–|————–|
|
| Cereals
| 4% |
|
|—————————–|————–|
|
| Wheat flour |
10% |
|
|—————————–|————–|
|
| Vegetable oils | 12.5% |
|
|—————————–|————–|
|
| Sea foods: | |
|
| Sea cucumbers, fish maws, | |
|
| sharks’ fins, fish lips, | |
|
| abalone, dry scallops | 35% |
|
| Other sea foods | 5% |
|
|—————————–|————–|
|
| Fresh water products: | |
|
| Fishes, shrimps, crabs | 5% |
|
|—————————–|————–|
|
| Tremella, bird’s nest | 35% |
|
|—————————–|————–|
|
|Aerated waters, fruit drinks,| |
|
|fruit syrups, fruit juice | 25% |
|
|—————————–|————–|
|
| Monosodium glutamate, | |
|
| essence of soy |
25% |
|
|—————————–|————–|
|
| Milk powder, condensed milk,| |
|
| Evaporated milk | 10% |
|
|—————————–|————–|
|
| Fresh cow’s milk, | |
|
| fresh ewe’s milk | 2.5% |
|
|—————————–|————–|
|
| Canned foods |
10% |
|
|—————————–|————–|
|
| Egg products |
10% |
|
|—————————–|————–|
|
| Cotton yarn: |yarn number
30| An enterprise shall |
| Natural colour cotton yarn | and upwards: | be subject to tax for|
| Lint-free cotton yarn | 26%
| yarn produced by |
| Staple rayon yarn | less than 30:| itself and
used in its|
|
| 23% | production, at the |
|—————————–|————–| prescribed tax rate. |
| Cotton cloth: | &n
RULES GOVERNING THE SUPERVISION AND CONTROL OF THE IMPORTATION OF GOODS FOR EXHIBITIONS BY THE COSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA
DECREE OF THE STATE COUNCIL
Category | FOREIGN AFFAIRS | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1979-09-09 | Effective Date | 1979-09-09 |
Decree of the State Council of the People’s Republic of China |
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(Promulgated on September 9, 1979)
A decree is hereby issued to execute the agreement signed by the
Government of the People’s Republic of China and the Government of the United
States of America on May 11 this year concerning the settlement on
claims/assets, and to protect the legitimate rights and interests of the
Chinese units and individuals concerned:
1. As regards the assets belonging to state organs, stateowned
enterprises, public institutions, including organizations and schools, frozen
by the U.S. government, the State Council authorizes the Bank of China to act
on their behalf to approach the debtors on the U.S. side and handle the
affairs of recovering or with drawing the said assets frozen by the U.S.
government as soon as the U.S. government has declared the unfreezing in
accordance with the Sino-U.S. agreement.
2. As regards the former private industrial and commercial enterprises and
state-private joint industrial and commercial enterprises which, after years
of socialist transformation, have now been transformed, according to their
lines of business, into or merged with state-owned industrial and commercial
enterprises, the State Council has made the decision to authorize the Bank of
China to act as their plenipotentiary to handle the affairs of recovering or
withdrawing the assets belonging to them and frozen by the U.S. government.
When the said frozen assets have been recovered or withdrawn, the Bank of
China shall settle the accounts with the units concerned in accordance with
the relevant laws and decrees of China.
3. As regards the frozen personnal assets belonging to Chinese nationals,
for the convenience of making contacts with the debtors on the U.S. side and
protecting the legitimate rights and interests of the owners, the State
Council authorizes the Bank of China to complete the formalities for
recovering or withdrawing the said frozen assets abroad. When the said frozen
personal assets have been recovered or withdrawn, the Bank of China shall
effect the payments in accordance with the relevant laws and decrees of China.
4. As of the date of the issuance of the present decree, no units or
individuals have the right to withdraw, sell or transfer their assets frozen
by the U.S. government without the consent of the Bank of China.
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING IMPLEMENTATION OF THE CRIMINAL PROCEDURE LAW
Category | LITIGATION | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
Date of Promulgation | 1980-02-12 | Effective Date | 1980-02-12 |
Decision of the Standing Committee of the National People’s Congress Regarding Implementation of the Criminal Procedure Law |
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(Adopted at the 13th Meeting of the Standing Committee of the Fifth
National People’s Congress on February 12, 1980)
Acting on a proposal put forward by the Supreme People’s Procuratorate
and the Supreme People’s Court regarding the implementation of the
Criminal Procedure Law, the Standing Committee of the Fifth National
People’s Congress decides that:
1. Criminal cases filed before December 31, 1979 but not yet decided
shall continue to be handled according to the policies, laws and regulations
and case-handling procedures relevant to criminal proceedings which were
valid before the Criminal Procedure Law went into effect.
2. Criminal cases accepted after January 1, 1980 shall be handled
according to the provisions of the Criminal Procedure Law. If too many
cases handled by a limited number of personnel prevent some cases from
being concluded within the time limits for investigation, prosecution and
adjudication of first and second instances as prescribed in the Criminal
Procedure Law, the time limits for case-handling during the year 1980 may
be extended upon approval by the standing committees of the pcople’s
congresses of provinces, autonomous regions, and municipalities directly
under the Central Government.
INTERIM PROVISIONS OF THE STATE COUNCIL FOR VETERAN CADRES TO LEAVE THEIR POSTS IN ORDER TO REST
CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF THE REQUEST FOR INSTRUCTIONS OF THE ADMINISTRATIVE COMMISSION FOR FOREIGN INVESTMENT AND THE MINISTRY OF POST AND TELECOMMUNICATIONS ON FORBIDDING ANY UNITS OR FOREIGN BUSINESSMEN TO ENGAGE IN EXPRESS DELIVERY OF DOCUMENTS IN OUR COUNTRY
Category | POSTS AND TELECOMMUNICATIONS | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1981-01-19 | Effective Date | 1981-01-19 |
Circular of the State Council Concerning the Approval and Transmission of the Request for Instructions of the Administrative Commission |
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The Circular
REQUEST FOR INSTRUCTIONS ON FORBIDDING ANY UNITS OR FOREIGN BUSINESSMEN
(January 19, 1981)
The Circular
The State Council has approved the Request for Instructions on Forbidding
Any Units or Foreign Businessmen to Engage in Express Delivery of Documents in
Our Country sent by the Administrative Commission for Foreign Investment and
the Ministry of Post and Telecommunications. It is hereby transmitted to you
for implementation.
REQUEST FOR INSTRUCTIONS ON FORBIDDING ANY UNITS OR FOREIGN BUSINESSMEN
TO ENGAGE IN EXPRESS DELIVERY OF DOCUMENTS IN OUR COUNTRY
International express delivery (also called special delivery of documents
in some countries and regions) is a new postal service emerged in the world
only over 10 years ago. By this postal service, express delivery mail from the
addresser shall be transported with schedule flights, through closely-link
transport means on the way, to the post office at the destination, where it is
immediately delivered to the addressee by hand. This service is characterized
by convenience, speediness, timeliness and safety. The delivery is much faster
than ordinary, air mail, though the charge is also higher. Providing express
delivery not only offers good service to customers, but also increases the
revenues. Since July 15, 1980, the Ministry of Post and Telecommunications of
our country has established express delivery with more than a dozen countries
in the world. With the development of our national economy, this service will
further develop between China and other countries in the world.
Sometime in April and May, 1980, DHL-SINOTRANS Ltd. in Hong Kong held
discussion with the Guangzhou Municipal Post Office in Guangdong Province
about the express delivery service. In August and September the same year,
Dunhao Company in the United States also held discussions with the
Consultation and Technical Service Company of the Ministry of Foreign Trade
for the same purpose. They were, in fact, asking for the establishment of “a
post office” by foreign private enterprises in order to handle international
mails in the Chinese territory. According to their plan, the Chinese
customers should observe their relevant regulations and, moreover, they would
fix their own charge standards, in which our postal service has no right to
intervene. This would not only infringe upon our sovereignty, right of postal
management and administration and economic interests, but also cause disorder
in the administration of post and communications in our country. Therefore, no
foreign private enterprises are allowed to engage in the business of postal
communication and express delivery of documents. In this connection, the
Ministry of Post and Telecommunications, with the agreement of the
Administrative Commission for Foreign Investment, notified the Administration
for Postal Affairs of Guangdong Province and the Ministry of Foreign Trade on
July 23, 1980 and September 12, 1980 respectively that they must stop their
negotiations with the relevant companies on the ground that the delivery of
letters, printed matters, documents and materials must all be administered and
managed by the General Post Office of the Ministry of Posts and
Telecommunications.
In late October, 1980, American ALTMAN Co. of the United States started
the service of express delivery of documents at the International Club in
Beijing without authorization. American ALTMAN Co. has rented an office from
the club and hired a staff member from the Friendship Commercial Services
Company of Beijing Municipality in charge of the actual business. Up to now,
several documents have arrived at the Beijing Civil Aviation Administration by
special delivery from Paris, Hong Kong and the United States and have been
delivered to the addressees by the employee. The purpose of the foreign
private enterprises in vying for express delivery service in China is to seize
the business of express delivery of documents between China and other
countries and regions in the world. A consultant of DHL-SINOTRANS Ltd. in the
United States once said that the company was eager to start the business of
express delivery in China, mainly because it wanted to be the first of such
companies; it was ready to lose money on the venture for first three to four
years, but it expected to make big money later. We hold that American ALTMAN
Co.’s unauthorized business in Beijing mentioned above must be stopped.
At present, a law for postal service has not been formulated in China and
many units do not know that the postal service in China is under unified
management and administration. In order to protect the unification of our
postal service more effectively in the future and forbid any enterprises or
individuals outside the postal department and any foreign businessmen to start
the business of special delivery of documents in China without authorization,
it is necessary to reiterate that any postal service which is run within China
or jointly run with other countries, including the inward or outward delivery
of letters, printed matter, documents and materials and special delivery of
documents, must be administered and managed in a unified way by the Ministry
of Post and Telecommunications, which is responsible for formulation of
unified postal charges and various rules and regulations. Other organs,
enterprises or individuals may not engage in the business of express delivery
of documents in China. Foreign private businessmen in particular shall not be
allowed to have a hand in this line of business.
If nothing is inappropriate, it is requested that the above be approved
and transmitted to all the localities and departments for implementation.
OFFICIAL REPLY OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING REINVESTMENT IN CHINA WITH DISTRIBUTED PROFIT OF PARTIES OF THE JOINT VENTURE, WHICH HAS BEEN REMITTED ABROAD, CANNOT ENJOY TAX REBATE AS REINVESTMENT
The Ministry of Finance, the State Administration of Taxation Official Reply of the Ministry of Finance and the State Administration of Taxation Concerning Reinvestment in China with Distributed CaiShuiWaiZi [1981] No.82 September 16, 1981 Tianjin Tax Bureau: The report CaiShui [1981] No.305 was received. Reinvestment with distributed profits of a party to Chinese-foreign equity joint ventures, |
The Ministry of Finance, the State Administration of Taxation
1981-09-16