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DECISION OF THE STANDING COMMITTEE OF NPC ON AUTHORIZING THE PEOPLE’S CONGRESS OF SHENZHEN CITY AND ITS STANDING COMMITTEE AND THE PEOPLE’S GOVERNMENT OF SHENZHEN CITY TO FORMULATE REGULATIONS AND RULES RESPECTIVELY FOR IMPLEMENTATION IN SHENZHEN

Decision of the Standing Committee of NPC on Authorizing the People’s Congress of ShenZhen City and Its Standing Committee and the
People’s Government of ShenZhen City to Formulate Regulations and Rules Respectively for Implementation in ShenZhen

     DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON AUTHORIZING THE PEOPLE’S CONGRESS OF SHENZHEN CITY AND ITS
STANDING COMMITTEE AND THE PEOPLE’S GOVERNMENT OF SHENZHEN CITY TO FORMULATE REGULATIONS AND RULES RESPECTIVELY FOR IMPLEMENTATION
IN THE SHENZHEN SPECIAL ECONOMIC ZONE

(Adopted on July 1, 1992)

In accordance with the Decision of the Second Session of the Seventh National People’s Congress Regarding the Proposal
Submitted for Deliberation by the State Council on Authorizing Shenzhen City to Formulate Regulations and Rules for
the Shenzhen Special Economic Zone, the 26th Meeting of the Standing Committee of the Seventh National People’s Congress,
having considered the proposal submitted by the State Council for authorizing the People’s Congress of Shenzhen City and its
Standing Committee and the People’s Government of Shenzhen City to formulate respectively regulations and rules for the
Shenzhen Special Economic Zone, decides that the People’s Congress of Shenzhen City and its Standing Committee are authorized
to formulate, in light of the specific conditions and actual needs and pursuant to the provisions of the Constitution
and the basic principles laid down in laws and administrative regulations and rules, regulations to be implemented in
the Shenzhen Special Economic Zone which shall be submitted to the Standing Committee of the National People’s Congress,
the State Council and the Standing Committee of the People’s Congress of Guangdong Province for the record, and that
the People’s Government of Shenzhen City is authorized to formulate rules and is responsible for their implementation in
the Shenzhen Special Economic zone.

    

MOFTEC P.R.C.

EDITOR:Victor





CIRCULAR OF THE STATE COUNCIL REGARDING THE FURTHER OPENING OF SHAOGUAN AND OTHER CITIES

Category  SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1992-08-29 Effective Date  1992-08-29  


Circular of the State Council Regarding the Further Opening of Shaoguan and Other Cities

(August 29, 1992)

    The People’s Government of Guangdong Province:

    The State Council has resolved to include three cities–Shaoguan, Heyuan,
and Meizhou into the list of coastal economic open zones and implement the
same policies as the state has done in other costal economic open zones.





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

the Economic Tribunal of the Supreme People’s Court

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

Fa Jing [1992] No. 210

To the Higher People’s Court of Yunnan Province:

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

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

Economic Tribunal of the Supreme People’s Court

December 17, 1992



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

 






VOCATIONAL EDUCATION LAW

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


Vocational Education Law of the People’s Republic of China

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

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

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

    Chapter I    General Provisions

    Chapter II   The System of Vocational Education

    Chapter III  The Implementation of Vocational Education

    Chapter IV   The Guarantee of Vocational Education

    Chapter V    Supplementary Provisions
Chapter I  General Provisions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (1) Have its organizational structure and constitution;

    (2) Have qualified teachers;

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

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

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

    (1) Have its organizational structure and management system;

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

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

    (4) Have necessary funds.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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





MEASURES FOR THE IMPLEMENTATION OF ADMINISTRATION OF NEGOTIABLE INSTRUMENTS

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


Measures for the Implementation of Administration of Negotiable Instruments



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (1)opening of deposit account in banks;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (1)types of bills dishonored;

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

    (3)time of dishonor; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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





CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA 1999

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

The China Securities Regulatory Commission

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

ZhengJianFaXingZi [1999] No.52

May 19, 1999

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

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

1.

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

2.

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

3.

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



 
The China Securities Regulatory Commission
1999-05-19

 






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

The State Council

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

GuoFa [1999] No.13

July 2, 1999

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

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

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



 
The State Council
1999-07-02

 






CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON ISSUE OF REPORTING TO THE MOFTEC CONERNING THE ENCOURAGED CATEGORY OF ENTERPRISE WITH FOREIGN INVESTMENT APROVED BY LOCAL COMPETENT AUTHORITIES

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation on Issue of Reporting to the MOFTEC Conerning the Encouraged Category
of Enterprise with Foreign Investment Aproved By Local Competent Authorities

WaiJingMaoZiFa [1999] No.615

October 15, 1999

Foreign trade and economic cooperation commissions of the various provinces, autonomous regions, municipalities directly under the
Central Government and municipalities separately listed on the State plan:

According to the provisions of the Opinions on Further Encouraging Foreign Investment at the Present Period (Guofa [1999] No. 73),
the setting up (the approved joint venture contract, the articles of association and appendix) of enterprises with foreign investment
under the category of encouragement approved by the provinces themselves without the need of comprehensive balancing by the State,
shall have to report for file to the Ministry of Foreign Trade and Economic Cooperation. Based on the laws and regulations of the
State for attracting foreign investment, and the relevant rules for filing of enterprises with foreign investment distributed in
1988 by the Ministry of Foreign Trade and Economic Cooperation, the relevant issues are notified as follows:

1.

The establishment of enterprises with foreign investment of the encouraged category without the need of comprehensive balancing by
the State, which is above the limit of approval power, shall be examined and approved by the departments of foreign trade and economic
cooperation of the various provinces, autonomous regions, municipalities directly under the Central Government and municipalities
separately listed on the State plan (hereinafter referred to as the local departments in charge of foreign trade and economic cooperation
for short), and the examination and approval power shall not be handed over the lower levels at random.

2.

The local departments of foreign trade and economic cooperation should submit the relevant material for filing to the Ministry of
Foreign Trade and Economic Cooperation on the date on which the contract and the articles of association are approved.

3.

Material needed to be submitted for filing:

(1)

Written reply to the feasibility study report;

(2)

Written reply to the contract and the articles of association (the contents should include: investment parties, investment form, total
volume of investment, registered capital, investment proportion of all parties, form of funds invested, loans raised, business scope,
production scale, proportion for overseas sale, operation duration and other items specially needed to reply; in case a technology
introduction contract as the contract attachment is approved together with the contract, the name of the technology introduction
contract should clearly be stated in the written reply);

(3)

Statement of no need for comprehensive balancing by the State produced by the local departments in charge of foreign trade and economic
cooperation.

4.

The Ministry of Foreign Trade and Economic Cooperation shall inform the reporting unit within 2 work days after receiving the material
for filing, confirming the receipt of the material and the completeness or not of the material received; should the Ministry of Foreign
Trade and Economic Cooperation have different opinions about the project for filing, it shall reply in written form within one month
from the date of receiving the material, and shall send copies to the State Administration for Industry and Commerce, the Customs
General Administration, the State Administration of Foreign Exchange and the State Administration of Taxation.

5.

If the Ministry of Foreign Trade and Economic Cooperation has raised no different opinion about the establishment of the enterprise
for one month following the date of receiving the material for filing, the local departments of foreign trade and economic cooperation
may issue the approval certificate for enterprises with foreign investment. Projects of which the Ministry of Foreign Trade and Economic
Cooperation has different opinions, no approval certificate shall be issued for them.

6.

The local departments of foreign trade and economic cooperation should fax, before the fifth of each month, a list of the encouraged
enterprises for filing approved for the previous month to the Office of Foreign Investment Department of the Ministry of Foreign
Trade and Economic Cooperation, and should confirm by telephone its delivery.

7.

The Foreign Investment Department of the Ministry of Foreign Trade and Economic Cooperation shall check the enterprises enlisted,
and shall inform in time the reporting units and the departments of the Customs, foreign exchange and taxation of those projects
the Ministry has received no material for filing from them. Enterprises without filing to the Ministry of Foreign Trade and Economic
Cooperation or those whose filing are not endorsed, shall not be filed and registered with the departments for industry and commerce,
the Customs and foreign exchange, or dealt with for other matters.

8.

The departments concerned of industry and commerce, the Customs and taxation shall accept registration and filing of the enterprises
by the approval certificate for enterprises with foreign investment and other documents deemed necessary.

9.

Important alteration of the provisions of the contracts and the articles of association, and capital increasing of the existing enterprises
with foreign investment under the category of encouragement and without involving comprehensive balancing by the State that are approved
by the local departments of foreign trade and economic cooperation, shall be reported in accordance with the above mentioned provisions
to the Ministry of Foreign Trade and Economic Cooperation for filing. Material for filing of capital increasing approved should be
submitted in accordance with the relevant regulations.

10.

While reporting in written form to the Ministry of Foreign Trade and Economic Cooperation for filing as prescribed above, the local
departments of foreign trade and economic cooperation shall have to send out by fax the relevant information and data for filing
of the enterprises to the Foreign Investment Department as prescribed in the Notice On the Items Related with the Internet between
the Local Departments of Foreign Trade and Economic Cooperation and the Foreign Investment Department of the Ministry of Foreign
Trade and Economic Cooperation (WaiJingMaoZiZongHanZi [1998] No.521). Nationwide filing on net will be implemented as conditions
are ripe.



 
The Ministry of Foreign Trade and Economic Cooperation
1999-10-15

 






RULES FOR IMPLEMENTATION OF THE PROTECTION OF INVESTMENTS BY TAIWAN COMPATRIOTS

Category  Affairs Concerning Overseas Chinese, Hong Kong, Macao and Taiwan Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1999-12-05 Effective Date  1999-12-05  


RULES FOR IMPLEMENTATION OF THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON PROTECTION OF INVESTMENTS BY TAIWAN COMPATRIOTS



(Promulgated by Decree No.274 of the State Council of the People’s Republic of China on December 5, 1999)

    Article 1  These Implementing Rules are formulated in order to implement the Law of the People’s Republic of China on Protection
of Investments by Taiwan compatriots, protect and encourage investments by Taiwan compatriots and promote the economic development
on both sides of the Straits.

    Article 2  Investments by Taiwan compatriots as referred to in these Implementing Rules mean investments made by companies, enterprises,
other economic organizations or individuals from the region of Taiwan as investors in other provinces, autonomous regions or municipalities
directly under the Central Government (hereinafter referred to as the Mainland).

    Article 3  The State protects the investments by Taiwan compatriots in accordance with the law.

    Investments made by Taiwan compatriots, their profits from investments, as well as their other lawful rights
and interests shall be protected by State laws, and no organs, units or individuals may encroach on or damage them.

    Article 4  The State encourages the investments by Taiwan compatriots in accordance with the law.

    Investments by Taiwan compatriots shall enjoy preferential treatment according to the provisions of relevant
laws, administrative regulations ?of the State and these Implementing Rules.

    Article 5  Investments by Taiwan compatriots shall be governed by the Law of the People’s Republic of China on Protection of Investments
by Taiwan Compatriots and these Implementing Rules; in case of whatever is not stipulated in the Law of the People’s Republic of
China on Protection ?of Investments by Taiwan Compatriots and these Implementing Rules, reference shall be made to relevant foreign-related
economic laws and administrative regulations of the State.

    Article 6  Investments by Taiwan compatriots shall fit in with the plan of the State for national economy and social development,
be in conformity with the State’s industrial policies and guidelines for investments and be governed with reference to the provisions
of the State on guiding the direction of foreign investments.

    Article 7  Investors who are Taiwan compatriots may use freely convertible currencies, machinery and equipment or other physical
goods, industrial property rights and non-patent technologies as investments.

    Investors who are Taiwan compatriots may use their profits from investments for re-investment.

    Article 8  Investments by Taiwan compatriots may take any of the following forms according to law:

    (1) to establish equity or contractual joint ventures, or enterprises with the capital wholly invested by
Taiwan compatriots (hereinafter referred to as enterprises with investment by Taiwan compatriots);

    (2) to cooperate in exploration and exploitation of natural resources;

    (3) to carry out compensation trade, processing and assembling, or cooperative production;

    (4) to purchase shares or bonds of enterprises;

    (5) to purchase real estate;

    (6) to obtain a land use right for development operations;

    (7) to purchase small-sized State-owned enterprises, or collectively-owned enterprises, or private enterprises;
or

    (8) other forms of investment permitted by laws and administrative regulations.

    Article 9  Investors who are Taiwan compatriots making investments, if examination and approval are required, shall undergo formalities
for examination and approval according to the procedures stipulated by relevant laws and administrative regulations of the State.

    Article 10  For establishment of an enterprise with investment by a Taiwan compatriot, an application shall be filed to the Ministry
of Foreign Trade and Economic Cooperation or a department authorized by the State Council and the local people’s government. The
examining and approving agencies shall decide on whether or not to grant approval within 45 days of the date of receiving complete
application documents.

    Upon approval of an application to establish an enterprise with investment by a Taiwan compatriot, the applicant
shall register with the enterprise registration agency according to law and obtain a business license within 30 days of the date
of receiving the certificate of approval.

    Article 11  For establishment of an enterprise with investment by a Taiwan compatriot, an investor who is the Taiwan compatriot shall
submit application documents to the examining and approving agencies according to law; when necessary, shall attach thereto relevant
proving documents issued by the Taiwan Affairs Office of the State Council or a Taiwan affairs office of the local people’s government.

    Article 12  In examining and approving investments by Taiwan compatriots, the examining and approving agencies shall improve their
working efficiency, reduce the number of administrative levels, and simplify the examining and approving procedures so as to realize
a uniform, open and transparent administrative system.

    Article 13  Enterprises with investment by Taiwan compatriots shall enjoy preferential treatment in taxation in accordance with the
provisions ?of relevant laws and administrative regulations of the State.

    Article 14  Investment projects of Taiwan compatriots for investing in the mid-west regions of the Mainland may be granted encouragement
or have restrictions relaxed in accordance with the relevant provisions of the State.

    Article 15  Enterprises with investment by Taiwan compatriots that conform to the principle for taking loans may be given necessary
credit support in accordance with the relevant provisions of the State.

    Article 16  Taiwan compatriot investors themselves and their accompanying family members, as well as Taiwan compatriot employees
in enterprises with investment of Taiwan compatriots, and their accompanying family members, may apply to the public security organ
for multi-journey travel formalities of certain duration and corresponding formalities for temporary residence in accordance with
the provisions of relevant laws and administrative regulations of the State. Foreign employees of enterprises with investment by
Taiwan compatriots shall undergo their travel formalities and their formalities for temporary residence in accordance with the
provisions of relevant laws and administrative regulations of the State.

    Article 17  Children of Taiwan compatriot investors themselves and children of Taiwan compatriot employees in enterprises with investment
by Taiwan compatriots may enter primary schools, middle schools or higher-learning institutions on the Mainland to receive education
in accordance with the relevant provisions of the State.

    In areas of concentrated investments by Taiwan compatriots, investors who are Taiwan compatriots or associations
of enterprises with investment by Taiwan compatriots may apply to establish schools for children of Taiwan compatriots in accordance
with the relevant provisions of the State. Schools for children of Taiwan compatriots established with approval shall be subject
to supervision by the education administrative department.

    Article 18  Enterprises with investment by Taiwan compatriots enjoy a decision-making power in their operations and management in
accordance with relevant laws and administrative regulations of the State and the contracts and articles of association as approved
by the examining and approving agencies.

    The decision-making power of the enterprises with investment by Taiwan compatriots in their operations and
management shall be protected by laws ?of the State and shall not be subject to any illegal interference and encroachment from any
organs, units or individuals.

    Article 19  Enterprises with investment by Taiwan compatriots enjoy equal treatment with Mainland’s other enterprises of the same
trades in respects of the purchase of machinery and equipment, raw materials, auxiliaries and other materials, as well as the acquisition
of services such as water, electricity, heat, goods transportation, labor, advertisement and telecommunication.

    Investors themselves who are Taiwan compatriots, and employees who are Taiwan compatriots working in enterprises
with investment by Taiwan compatriots, enjoy equal treatment with Mainland compatriots in terms of traffic, telecommunication,
tourism, hotel services, etc..

    Article 20  Property, industrial property rights invested by Taiwan compatriots, profits from their investments, and other lawful
rights and interests may be transferred or inherited according to law.

    Article 21  Profits legally gained by Taiwan compatriot investors from their investments, their other lawful income and funds after
liquidation may be remitted back to Taiwan or out of the territory according to law.

    Lawful income of employees who are Taiwan compatriots working in enterprises with investment by Taiwan compatriots
may be remitted back to Taiwan or out of the territory according to law.

    Article 22  Investors who are Taiwan compatriots may authorize their relatives or friends, or other persons as their investment agents,
and the agents shall possess powers of attorney with a legal effect.

    Article 23  State organs shall have the same items and standards for charging enterprises with investment by Taiwan compatriots as
those for charging Mainland’s other enterprises of the same trades. Any organs or units shall not establish any other items or
raise standards for charging enterprises with investment by Taiwan compatriots.

    Any organs or units shall not impose levies of manpower, materials or money upon enterprises with investment
by Taiwan compatriots, nor impose upon enterprises with investment by Taiwan compatriots any inspections or fines other than those
specified by laws and regulations, nor force, or force in disguised form, enterprises with investment by Taiwan compatriots to
participate in such activities as training, evaluations, appraisals or examinations in violation of the provisions of the State.

    Enterprises with investment by Taiwan compatriots are enpost_titled to reject any of the actions in violation
of the above-mentioned provisions and report them to the relevant government departments. The government departments receiving
the reports shall deal with the reported matters according to law and preserve the secrets for the reporters.

    Article 24  The State shall not nationalize or requisition the investments from investors who are Taiwan compatriots; in special
cases, in light of the needs of social and public interest, the State may requisition the investments from investors who are Taiwan
compatriots in accordance with legal procedures and pay corresponding compensations. The compensations shall be equivalent to the
value of the investments at the moment just prior to the decision of requisition, including interest as calculated at a reasonable
interest rate beginning on the day of requisition and ending on the day of payment, and may be converted into foreign exchange,
or remitted back to Taiwan or out of the territory according to law.

    Article 25  The State shall protect, according to law, personal freedom and personal safety of investors themselves who are Taiwan
compatriots and their accompanying family members, as well as employees who are Taiwan compatriots working in enterprises with
investment by Taiwan compatriots and their accompanying family members. Except for those dealt with in accordance with the provisions
of relevant laws of the State, no compulsory measures shall be adopted to restrict personal freedom of Taiwan compatriots.

    Article 26  In areas where enterprises with investment by Taiwan compatriots are concentrated, associations of enterprises with investment
by Taiwan compatriots may be established according to law.

    Lawful rights and interests of associations of enterprises with investment by Taiwan compatriots as well
as legal activities conducted in accordance with their articles of association shall be protected by law.

    Article 27  The people’s governments at various levels shall provide superb, regular and convenient services for investments by Taiwan
compatriots. The Taiwan affairs offices of the people’s governments at various levels shall effectively accomplish the work in
legal public awareness and consulting services, handling complaints, settling disputes, and etc., for investments by Taiwan compatriots.

    Article 28  Investors who are Taiwan compatriots, enterprises with investment by Taiwan compatriots, or associations of enterprises
with investment by Taiwan compatriots, if believing that any specific administrative behavior of an administrative agency or work
staff of an administrative agency has infringed upon their lawful rights and interests, may apply for administrative reconsideration
or institute administrative procedure in accordance with the provisions of relevant laws and administrative regulations of the
State.

    Article 29  In case a dispute in connection with investment arises between an investor who is a Taiwan compatriot and a company,
an enterprise, any other economic organization or an individual from the Mainland, the parties concerned may settle the dispute
through consultation or mediation.

    Where the parties concerned are unwilling to go through consultation or mediation, or the consultation or
mediation has failed, they may refer to an arbitration organ of China for arbitration in accordance with an arbitration clauses
in the contract, or a written arbitration agreement reached after the dispute has arisen. An arbitration organ on the Mainland
may engage a Taiwan compatriot as the arbitrator in accordance with the relevant provisions of the State.

    In the event the parties concerned does not stipulate any arbitration clause in their contract, nor has a
written arbitration agreement been reached after a dispute has arisen, they may bring a lawsuit before the people’s court.

    Article 30  Where a Taiwan compatriot make an investment in the Mainland with his company, enterprise or any other economic organization
established in any other country or region as an investor, these Implementing Rules may apply mutatis mutandis.

    Article 31  These Implementing Rules shall come into effect as of the date of promulgation.





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CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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