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MEASURES CONCERNING COLLECTION OF HARBOUR TOLLS

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1985-10-22 Effective Date  1986-01-01  


Measures Concerning Collection of Harbour Tolls


Appendix: Table of Harbour Toll Rates

(Promulgated by the State Council on October 22, 1985)

    Article 1  These Measures are formulated in order to speed up harbour
construction to meet the needs of economic development.

    Article 2  Harbour tolls shall be collected on the goods entering and
leaving the following harbours: Dalian, Yingkou, Qinhuangdao, Tianjin, Yantai,
Qingdao, Shijiu, Lianyungang, Shanghai, Ningbo, Wenzhou, Fuzhou, Xiamen,
Shantou, Guangzhou, Huangpu, Haikou, Basuo, Sanya, Zhanjiang, Beihai,
Fangcheng, Nanjing, Zhenjiang, Zhangjiagang and Nantong.

    Article 3  Compulsory payers (hereinafter referred to as the “payers”) of
harbour tolls shall be the consignors (or their agents) or the consignees (or
their agents).

    Article 4  For those goods entering and leaving the harbours listed in
Article 2 (including the imported and exported foreign trade goods being
transferred from harbour to harbour), harbour tolls shall be collected only
once, during the whole course of water transportation.

    Article 5  Collection of harbour tolls shall be conducted according to the
Table of Harbour Tolls Rates attached to these Measures.

    Article 6  The following goods shall be exempted from harbour tolls:

    (1) the goods which are exempted from harbour dues according to the Rules
for Collection of Harbour Dues promulgated by the Ministry of Communications;

    (2) the raw and processed materials needed in production and the products
being transported by enterprises on their own wharves;

    (3) the goods which are exempted from harbour tolls according to the Table
of Harbour Tolls Rates.

    Article 7  The Ministry of Communications shall be responsible for the
collection and control of harbour tolls. The harbour authorities or the cargo
handling companies in the harbour listed in Article 2 shall be agencies for
collecting harbour tolls. The agencies may entrust the collection of harbour
tolls to loading and unloading units on the water as well as other harbours
engaged in through-transport with the harbours listed in Article 2.

    Article 8  No separate bills shall be designed for the collection of
harbour tolls. The agencies and the entrusted collectors shall add the item of
harbour tolls in the existing bills for transport charges and collect harbour
tolls together with transport and sundry charges.

    The entrusted collectors shall settle accounts with, and hand over the sum
of money, to the agencies within 3 days of the receipt of harbour tolls and
must not withhold or divert the same to other uses.

    Article 9  The income from harbour tolls shall be deposited into a special
account of the Ministry of Communications. The agencies must open a special
account of harbour tolls for the Ministry of Communications at the local
Industrial and Commercial Bank of China and must deposit the collected funds
into the account within 3 days of the receipt and transfer it to the Ministry
of Communications every month. The agencies are only empowered to deposit and
transfer the funds collected and must not use it.
harbour construction. The use of the funds shall be arranged in a unified
manner by the Ministry of Communications according to the relevant
stipulations of the State.

    Article 11  The Ministry of Communications shall check on the toll
collection work of the agencies or the entrusted collectors.

    The agencies or entrusted collectors shall not fail to collect or wrongly
collect harbour tolls. If such mistakes occur, remedial steps must be taken
promptly.

    Article 12  If a payer does not pay harbour tolls in accordance with these
Measures, in addition to being ordered to pay the tolls in full, he shall,
depending on the circumstances, be subject to a fine of no more than 5 times
of the sum due.

    Article 13  If a dispute arises between a payer and an agency or an
entrusted collector over the payment of harbour tolls, the payer must pay the
tolls first according to the decision of the agency or entrusted collector and
then appeal to the Ministry of Communications for a reconsideration or
directly file a suit at a people’s court.

    Article 14  These Measures shall be interpreted by the Ministry of
Communications, which shall be responsible for formulating the rules for
implementation.

    Article 15  These Measures shall go into effect on January 1, 1986.

Appendix: Table of Harbour Toll Rates

    Table of Harbour Toll Rates


————————————————————————
|            |                              
|      Rate (Yuan/Ton)    |
|            |                              
|————————-|
|   Harbour  |            Goods              |        
Export          |
|            |                              
|————————-|
|            |                              
|Seaport | Four Changjiang|
|            |                              
|        | Harbours       |
|————|——————————-|——–|—————-|
|Dalian      |Petroleum (including crude oil)|  3.00  |      1.50      |
|Yingkou     |——————————-|——–|—————-|
|Qinhuangdao |                              
|        |                |
|Tianjin     |                              
|        |                |
|Yantai      |Coal (including coke), Iron and|        |                |
|Qingdao     |Steel(including pig iron),Metal|        |                |
|Shijiu      |Ores, Non-metal ores, Cement,  |  1.50  |      0.80      |
|Lianyungang |Timber, Chemical Fertilizer    |        |                |
|Shanghai    |                              
|        |                |
|Ningbo      |——————————-|——–|—————-|
|Wenzhou     |                              
|        |                |
|Fuzhou      |Mine Construction Materials,   |        |                |
|Xiamen      |Others                        
|  1.50  |      0.80      |
|Shantou     |——————————-|——–|—————-|
|Guangzhou   |                              
|        |                |
|Huangpu     |Grains, Salt                  
|  0.50  |      0.30      |
|Haikou      |——————————-|——–|—————-|
|Basuo       |                              
|        |                |
|Sanya       |Goods whose freight is         |        |                |
|Zhanjiang   |calculated by volume ton (M^3) |  0.50  |      0.30      |
|Beihai      |——————————-|——–|—————-|
|Fangcheng   |International      |          
|        |                |
|Nanjing     |Containerized      |   20 ft   | 12.50  |      6.30      |
|Zhenjiang   |Goods              |———–|——–|—————-|
|Nantong     |                  
|   40 ft   | 25.00  |     12.50      |
————————————————————————

————————————————————————
|            |     Rate (Yuan/Ton)    |                                |
|            |————————|                                |
|  Harbour   |       Import          
|             Remark            
|
|            |————————|                                |
|            |Seaport |Four Changjiang|                                |
|            |        |Harbours      
|                                |
|————|——–|—————|——————————–|
|Dalian      |        |              
|Domestic imports are exempt from|
|Yingkou     |  4.00  |     2.00      |harbour
tolls.                  |
|Qinhuangdao |——–|—————|——————————–|
|Tianjin     |        |              
|Domestic exports in the four    |
|Yantai      |        |              
|Changjiang harbours are exempt  |
|Qingdao     |  2.50  |     1.30      |from
harbour tolls except for   |
|Shijiu      |        |              
|petroleum (including crude oil) |
|Lianyungang |        |              
|and coal including coke).       |
|Shanghai    |        |              
|                                |
|Ningbo      |——–|—————|——————————–|
|Wenzhou     |        |              
|Domestic imports and exports are|
|Fuzhou      |  2.50  |     1.30      |exempt
from harbour tolls.      |
|Xiamen      |——–|—————|——————————–|
|Shantou     |        |              
|Domestic imports are exempt from|
|Guangzhou   |        |              
|tolls. So are domestic imports  |
|Huangpu     |  1.00  |     0.50      |and
exports in the four         |
|Haikou      |        |              
|Changjiang harbours.            |
|Basuo       |——–|—————|——————————–|
|Sanya       |        |              
|The scope of collection of or   |
|Zhanjiang   |  1.00  |     0.50      |exemption from
tolls shall be   |
|Beihai      |        |              
|determined by the above         |
|Fangcheng   |        |              
|categorization of goods.        |
|Nanjing     |——–|—————|——————————–|
|Zhenjiang   | 25.00  |    12.50      |Domestic imports and
exports are|
|Zhangjiagang|——–|—————|exempt from harbour tolls.      |
|Nantong     | 50.00  |    25.00      |                                |
————————————————————————


    Notes:

    1. The measures and conversion of weights of goods shall be handled
according to the rules for collecting harbour dues issued by the Ministry of
Communications.

    2. The harbour tolls for other containerized import and export shall be
calculated by 80% of their contents and the rate of 1.00 yuan/M^3 for import
and 0.50 Yuan/M^3 for export.

    3. The minimun harbour toll is 0.10 yuan.






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON AUTHORIZING THE STATE COUNCIL TO REFORM THE SYSTEM OF INDUSTRIAL AND COMMERCIAL TAXES AND ISSUE RELEVANT DRAFT TAX REGULATIONS FOR TRIAL APPLICATION

Category  LEGISLATION AND MISCELLANEOUS AFFAIRS Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1984-09-18 Effective Date  1984-09-18  


Decision of the Standing Committee of the National People’s Congress on Authorizing the State Council to Reform the System of Industrial
and Commercial Taxes and Issue Relevant Draft Tax Regulations for Trial Application

(Adopted on September 18, 1984)

    The Seventh Meeting of the Standing Committee of the Sixth National
People’s Congress, having considered the proposal of the State Council, has
decided to authorize it to draft regulations relating to taxation and issue
them in the form of drafts for trial application while introducing the
practice according to which state enterprises pay taxes instead of turning
over their profit to the state and in the course of reforming the system of
industrial and commercial taxes. The draft regulations shall be revised in
light of the experience gained through trial application and shall be
submitted to the Standing Committee of the National People’s Congress for
examination. These draft regulations on taxation to be issued by the State
Council for trial application shall not apply to Chinese-foreign equity joint
ventures and enterprises with foreign capital.






THE MARINE ENVIRONMENTAL PROTECTION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

ORGANIC LAW OF THE PEOPLE’S COURTS OF THE PEOPLE’S REPUBLIC OF CHINA

DECISION OF THE MINISTRY OF FINANCE ON ANNULMENT OF SOME REGULATIONS AND REGULATORY DOCUMENTS

The Ministry of Finance

Decree of the Ministry of Finance of the People’s Republic of China

No.11

Decision of the Ministry of Finance on Annulment of Some Regulations and Regulatory Documents has been passed based on consensus reached
at the meeting of ministry affairs and the consent of other related authorities. It is hereby notified.

Minister of the Ministry of Finance Xiang Huaicheng

December 21, 2001

Decision of the Ministry of Finance on Annulment of Some Regulations and Regulatory Documents

To cope with the new situation ushered in by China’s Accession to the WTO and implement the overall planning of the State Council,
the Ministry of Finance conducted a comprehensive review of its regulations and regulatory documents and decree that:

1.

The following two documents are nullified as of December 11, 2001:

a.

Circular for Printing and Issuing the Interim Provisions on the Employment of Tariff Measures to Promote the Nationalization of Light
Passenger Vehicles (collectively promulgated by the Commission of Tax Regulations of the State Council, the State Development Planning
Commission, the Ministry of Machine-Building Industry and the General Administration of Customs, ShuiWeiHui [1997] No.19)

b.

Circular for Implementing the Preferential Taxation Measures for the Nationalization of Camcorders (ShuiWeiHui [1994] No.7)

2.

The following document whose application term has expired is announced invalid:

Circular on Issues Concerning the Taxation Policy for Enterprises with Foreign Investment Approved and Established Before December
31, 1993 (collectively promulgated by the Ministry of Finance, the Ministry of Foreign Trade and Economic Cooperation, the State
Administration of Taxation, CaiShuiZi [1998] No.184)

3.

The following four documents whose application has been terminated by related documents are hereby notified:

a.

Circular on Issues Concerning the Practice of “Collect First and Refund Later” for the Value-added Tax on Commercial Enterprises in
Wholesaling Meat, Poultry, Eggs, Aquatic Products and Fresh Vegetables (collectively promulgated by the Ministry of Finance and the
State Administration of Taxation, CaiShuiZi [94] No.71);

b.

Circular on Issues Concerning the Continuance of the Practice of “Collect First and Refund Later” for the Value-added Tax on Commercial
Enterprises in Wholesaling Meat, Poultry, Eggs, Aquatic Products and Fresh Vegetables (collectively promulgated by the Ministry of
Finance and the State Administration of Taxation, CaiShuiZi [1998] No. 31);

c.

Interim Measures for the Refund of Value-added Tax on Imported Equipment That Cannot Be Made Domestically for Technical Renovation
Projects of State-owned Enterprises of Large and Medium Size During the ￿￿Ninth Five Year￿￿ Period (collectively promulgated by the
Ministry of Finance, the State Economic and Trade Commission, the State Administration of Taxation and the General Administration
of Customs, CaiShuiZi [1997] No. 35);

d.

Measures of the Central Government on the Financial Refund of Income Tax on Foreign Trading Enterprises (CaiWaiZi [2000] No.16 of
the Ministry of Finance)

The catalog of documents to be reviewed will be announced later.



 
The Ministry of Finance
2001-12-21

 







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

The State Intellectual Property Office

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

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

November 28, 2001

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

1.

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

2.

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

3.

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

4.

Patent Application Fee Standards (January 19, 1985)

5.

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

6.

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

7.

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

8.

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



 
The State Intellectual Property Office
2001-11-28

 







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

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

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

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

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

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

Have agreed as follows:

Article 1

DEFINITIONS

For the purpose of this Agreement,

1.

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

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

2.

The term “investor” means,

(a)

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

(b)

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

3.

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

Article 2

PROMOTION AND PROTECTION OF INVESTMENT

1.

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

2.

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

3.

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

4.

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

Article 3

TREATMENT OF INVESTMENT

1.

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

2.

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

3.

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

4.

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

(a)

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

(b)

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

Article 4

EXPROPRIATION

1.

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

(a)

for the public interests;

(b)

under domestic legal procedure;

(c)

without discrimination;

(d)

against compensation

2.

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

Article 5

COMPENSATION FOR DAMAGES AND LOSSES

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

Article 6

REPATRIATION OF INVESTMENTS AND RETURNS

1.

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

(a)

profits, dividends, interests and other legitimate income;

(b)

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

(c)

payments pursuant to a loan agreement in connection with investments;

(d)

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

(e)

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

(f)

payments in connection with contracting projects;

(g)

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

2.

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

3.

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

Article 7

SUBROGATION

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

Article 8

SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

Article 9

SETTLEMENT OF DISPUTES BETWEEN INVESTORS AND ONE CONTRCTING PARTY

1.

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

2.

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

3.

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

(a)

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

(b)

an ad hoc arbitral tribunal

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

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

4.

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

5.

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

6.

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

7.

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

8.

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

Article 10

OTHER OBLIGATIONS

1.

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

2.

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

Article 11

APPLICATION

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

Article 12

RELATIONS BETWEEN CONTRACTING PARTIES

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

Article 13

CONSULTATIONS

1.

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

(a)

reviewing the implementation of this Agreement;

(b)

exchanging legal information and investment opportunities;

(c)

resolving disputes arising out of investments;

(d)

forwarding proposals on promotion of investment;

(e)

studying other issues in connection with investment.

2.

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

Article 14

ENTRY INTO FORCE, DURATION AND TERMINATION

1.

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

2.

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

3.

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

4.

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

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

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

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

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

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

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



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

 







PROVISIONS ON RESPONDING TO ACTIONS OF ANTIDUMPING OF EXPORT PRODUCTS

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



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

 







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

e03901

the Standing Committee of the National People’s Congress

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

No. 56

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

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

August 31, 2001

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

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

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

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



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

 







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

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

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

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

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

Have agreed as follows:

Article 1

Definitions

1.

In this Agreement,

(a)

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

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

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

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

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

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

(b)

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

(c)

“investors” means in respect to either Contracting Party;

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

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

2.

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

Article 2

Promotion and Protection of Investment

1.

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

2.

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

3.

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

4.

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

Article 3

Treatment of Investments

1.

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

2.

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

3.

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

4.

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

(a)

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

(b)

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

(c)

any international agreement or arrangement for facilitating frontier trade.

Article 4

Expropriation

1.

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

2.

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

Article 5

Compensation for Losses

1.

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

2.

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

(a)

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

(b)

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

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

Article 6

Transfer of Investment and Returns

1.

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

(a)

profits, dividends, interests and other legitimate income;

(b)

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

(c)

payments pursuant to a loan agreement in connection with investments;

(d)

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

(e)

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

(f)

payments in connection with contracting projects;

(g)

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

2.

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

3.

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

Article 7

Settlement of Disputes

Between An Investor and A Contracting Party

1.

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

2.

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

3.

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

(a)

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

(b)

an ad hoc arbitral tribunal

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

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

4.

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

5.

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

6.

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

7.

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

8.

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

Article 8

Dispute between the Contracting Parties

1.

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

2.

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

3.

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

4.

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

5.

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

Article 9

Subrogation

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

Article 10

Application of Other Rules

1.

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

2.

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

Article 11

Scope of Agreement

This Agreement shall apply:

1.

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

2.

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

Article 12

Relations between Contracting Parties

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

Article 13

Consultations

1.

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

(a)

reviewing the implementation of this Agreement;

(b)

exchanging legal information and investment opportunities;

(c)

resolving disputes arising out of investments;

(d)

forwarding proposals on promotion of investment;

(e)

studying other issues in connection with investment.

2.

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

Article 14

Entry into Force, Duration and Termination

1.

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

2.

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

3.

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

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

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

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



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

 







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...