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CIRCULAR OF THE SECURITIES COMMISSION OF THE STATE COUNCIL CONCERNING ISSUING THE “RULES FOR THE IMPLEMENTATION OF THE PROVISIONS ON DOMESTICALLY-LISTED FOREIGN CAPITAL STOCK OF JOINT STOCK LIMITED COMPANY”

The Securities Commission of the State Council

Circular of the Securities Commission of the State Council Concerning Issuing the “Rules for the Implementation of the Provisions
on Domestically-listed Foreign Capital Stock of Joint Stock Limited Company”

ZhengWeiFa [1996] No.9

May 3,1996

The people’s governments of various provinces, autonomous regions, municipalities directly under the Central Government and municipalities
separately listed on the State plan, all ministries, commissions and directly subordinate institutions of the State Council:

According to article 27 th of “Provisions of the State Council on Domestically-listed Foreign Capital Stock of Joint Stock Limited
Company”, the Securities Commission of the State Council formulated the “Rules for the Implementation of the Provisions on Domestically-listed
Foreign Capital Stock of Joint Stock Limited Company”, and hereby promulgated. Attachment:Rules for the Implementation of the Provisions on Domestically-listed Foreign Capital Stock of Joint Stock Limited Company

Chapter I General Provisions

Article 1

This set of rules has been formulated according to the Provisions of the State Council on Domestically-listed Foreign Capital Stock
of Joint Stock Limited Company (hereinafter referred to as the Provisions), so as to strengthen the supervision and administration
of the issuing and trading of such shares (hereinafter referred to as B shares) and related activities to protect the legal rights
of the investors.

Article 2

The Provisions and this set of rules should be followed in the issuing and trading of B shares and related activities.

Areas not covered by the Provisions and this set of rules shall be governed by related provisions as set in the State’s laws and regulations
in related to securities.

Article 3

With the approval of the State Council’s Securities Commission or with the approval of the State Council via the Commission, joint
stock limited companies (hereinafter referred to as companies) may list B shares on domestic B share market to be sold to specified
or unspecified investors.

The Companies referred to in the previous paragraph should be considered as the companies that have been established or have been
approved to be established.

Chapter II Issuing and Listing

Article 4

Companies which apply for the issuing of B shares on the domestic markets for the first time should submit applications to the responsible
departments of the people’s government of the province, autonomous region or municipality directly under the Central Government,
or to responsible departments under the State Council.

The responsible departments, after examining the applications and finding them as meeting the requirements for the issuing of B shares
in domestic markets as laid sown in the Provisions, shall recommend to the Securities Commission of the State Council (hereinafter
referred to as the Commission) with the following documents:

1.

recommendation papers;

2.

application forms filled up by the companies concerned;

3.

papers and related materials to show the conformance of the issuing concerned to requirements for the issuing of B shares in domestic
markets as laid down in the Provisions;

4.

reports on the feasibility of the uses of the funds rallied through the issuance;

5.

the companies’ statements of assets and liabilities and statements of profits and losses, which have been recognized through examination
by registered Chinese accountants qualified for securities business;

6.

projections of the after-tax profits for the companies for the current year;

7.

for companies to be established, assets evaluation reports of the companies as prepared by the companies’ sponsors;

8.

analytical reports on the prospects of the issuing by institutions qualified for underwriting of the shares;

9.

other materials as required by the Commission.

Article 5

Upon receipt of the application forms as specified in Article 4 of this set of rules, the Commission shall, together with related
departments under the State Council, decide on which companies may list B shares in domestic markets and notify the responsible departments
of the people’s government of the province, autonomous region and municipality directly under the Central Government, or the responsible
departments under the State Council, of the decisions.

Article 6

Companies with approval to list B shares on domestic markets shall present the required documents as specified in Article 11 and
Article 12 of the Provisions to the responsible departments under the People’s governments of the provinces autonomous regions and
municipalities directly under the State, or to the responsible departments under the State Council, and through them, onto the Chinese
Securities Regulatory Commission (hereinafter referred to as CSRC) for verification.

Article 7

Applications for issuings of B shares by companies that have already listed B shares on domestic markets for the second time (except
issuings to original share-holders), should submit documents specified in Article 12 of the Provisions to the responsible departments
under the people’s government of the province, autonomous region and municipality directly under the Central Government, or to the
responsible departments under the State Council, and through them, onto CSRC for verification.

Article 8

Professional documents prepared by overseas accountants’ firms, lawyers’ firms or other institutions on the issuings of B shares should
also be presented in addition to the required application documents as specified in Articles 6 and 7.

The institutions mentioned in the previous paragraph, should meet qualifications as set by the State if there are any.

Article 9

The agreements on underwriting and prospectuses that are required under Articles 6 and 7 of this set of rules to be presented may
be only initialed, or having not under signed or sealed but have to be confirmed by the parties involved.

Article 10

Upon verifying and approving the companies’ applications presented by the responsible departments under the people’s government of
the province, autonomous region and municipality directly under the Central Government, or to the responsible departments under the
State Council through examination, CSRC shall present them to the Securities Commission for further approval. For B shares issuing
with a total value exceeding US $30 million, the documents shall be presented through the Securities Commission onto the State Council
for further approval.

Before the actual listing of their B shares on domestic markets, the companies should submit the officially signed agreements on underwriting
and prospectuses to CSRC. The shares may be listed once approvals are issued.

Article 11

The prospectuses referred to in the Provisions and this set of rules may be information memoranda or other expository materials on
the issuing of the shares.

Article 12

The companies, in issuing B shares on domestic markets, should publish their prospectuses within the Chinese territory in accordance
with contents, forms and ways as set by related Chinese laws and regulations. Prospectuses being sent to overseas investors, should
be formulated and sent in accordance with requirements as set by Chinese laws and regulations except otherwise stipulated in the
laws of the localities where the rallies are made.

The prospectuses being sent to domestic and overseas investors must not contradict with each other in contents, neither can they have
major information left out or contain misleading or untrue statements.

Article 13

In issuing additional B shares to the original shareholders, provisions on such issuances as stipulated by CSRC should be abided by.

Article 14

When submitting the required documents as specified in Article 7 and 13 of this set of rules, the companies concerned should simultaneously
present the following documents:

1.

notices of meetings of the shareholders and explanations on the notices;

2.

detailed processes of the meetings of holders of the A and B shares and the results of their votings.

Article 15

With the approval of the Securities Commission, the companies may set aside no more than 15% of the total amount of shares agreed
to be underwritten in the present issuing upon agreements with the underwriters concerned. The shares set aside should be considered
as part of the current issuance.

Article 16

An underwriting period of B shares must not exceed 90 days.

Article 17

Main underwriters of B shares should, within 15 days after the sales of the shares, present their reports to CSRC on the names of
and amounts of the shares held by the 10 largest shareholders with detailed description of the process of the sales of the shares
and the results.

Article 18

B shares held by domestic securities institutions as a result of underwriting should be reported to CSRC in conformity with provisions
on disclosure of information.

Article 19

Information and execution of the agreements on underwriting and settlement of disputes arisen from the execution, related provisions
of laws and regulations of the State must be abided by.

Article 20

The companies should present the following documents to CSRC, within 7 days upon the completion of the documents, for record-keeping:

1.

certification reports prepared, signed and sealed by at least two registered qualified Chinese accountants and their firms on the
funds collected through the sales of the shares;

2.

the companies’ business licenses (duplicates);

3.

resolutions and articles of association as passed at the establishment or shareholder meeting of the company.

Article 21

In case there is necessary to apply for registration or recognition from securities administration departments overseas, a company
issuing B shares domestically should submit the applications submitted and the registration or recognition documents acquired, if
any, to CSRC for record-keeping.

Article 22

B shares issued by the companies can be traded at the stock exchanges.

Article 23

The companies should abide by related regulations of stock exchanges where their shares are traded.

Chapter III Trading, Registration and Settlement

Article 24

In purchasing and selling domestically listed B shares investors and agents of the shares should abide by the related regulations
of the stock exchanges and the stocks registration and settlement institutions.

Article 25

For trading B shares, one has to open an account for such shares in accordance with related provisions of stocks registration and
settlement institutions.

Article 26

A B shares holder may entrust an institution which has been recognized by the stocks registration and settlement institutions to handle
matters related to the shares on his/her behalf.

Article 27

Matters such as registration of the roster of the share holders, keeping, management, registration of the ownership transfer and the
capital settlement of B shares shall be handled by the stocks registration and settlement institutions designated by the stock exchange
in which the shares are listed and traded.

The roster of the holders of B shares is a valid proof for the holding of the shares by the holders listed in the roster, except otherwise
noted in other proofs.

Article 28

Agents and trust institutions may, in accordance with related provisions of the stocks registration and settlement institutions, apply
for as members for the settlement of the B shares.

Article 29

Clearance of B shares by a settlement member should be made through a special foreign currency account.

Article 30

The settlement members shall pay in certain venture capital and fees in accordance with related provisions of the stocks registration
and settlement institutions.

Chapter IV Institutions Handling Securities

Article 31

Securities institutions involved in the underwriting of B shares should be recognized by CSRC as qualified for underwriting of the
shares.

Article 32

Domestic securities institutions involved in the commissioned sales of B shares should be recognized by CSRC for as qualified for,
brokerage of the shares.

Article 33

Overseas securities institutions may sign commissioning agreements with domestic agents and engage in commissioned sales of B shares
through means as stipulated by the stock exchanges.

Chapter V Disclosure of Information

Article 34

Except otherwise stipulated by the provisions and this set of rules, companies issuing B shares shall abide by related provisions
of related laws of the State as well as provisions of CSRC on disclosure of the companies’ information. The companies shall also
abide by provisions on the disclosure of information of the listed companies as stipulated by the stock exchanges.

Article 35

The companies, in providing foreign language versions of the required documents as described in Article 17 , should ensure the accuracy
of the versions. When there are discrepancies between the Chinese and the foreign language versions, the Chinese version shall dominate.

Article 36

In provision of mid-term or annual financial statements, in addition to those in format as accepted by Chinese accounting rules, those
in formats as accepted by international accounting rules or having been adjusted in accordance with rules of the localities for chief
rally of the shares can also be provided. If there are major differences between financial statements in different formats, the differences
must be addressed clearly in the statements.

Annual financial statements prepared in formats as accepted under international accounting rules or in formats as having been adjusted
in accordance with rules of the localities for chief rally of the shares should be audited by accountants’ firms.

The companies may also entrust overseas accountants’ firms that are qualified under State provisions or requirements to examine and
audit the financial statements that are in formats as accepted by international accounting rules or having been adjusted in accordance
with the rules of the localities for chief rally of the shares, as described in the first paragraph of this article. But when publishing
the examination or auditing reports of the companies’ financial statements at home, the reports must also be signed by Chinese accountants
or Chinese accountants and their firms.

Article 37

Information disclosed by a company should be published through domestic and overseas press or other means allowed by CSRC so as to
reach domestic and overseas investors at the same time, and the contents of the domestic and overseas versions should be the same
in principle.

The disclosure of prospectuses shall be governed by provisions as laid down in Article 12 of this set of rules.

Article 38

Shareholders each directly or indirectly holding 5% of the total of the common B shares of a company should report to CSRC, the stock
exchanges and the company as well as announce to the public of the fact and intentions of the holding within three business days
since the holding should reach the proportion of 5%. Similar reports and announcements shall also be made whereas 2% of the total
is increased to or decreased from the holding.

Before or on the date of making the reports or announcements, the shareholders concerned should not make any further purchase of the
shares, whether directly or indirectly.

Chapter VI Accounting and Auditing

Article 39

The companies should make and compile their financial statements in accordance with the Enterprises Accounting Rules and other State
accounting laws, regulations and provisions and employ registered Chinese accountants with qualifications for securities businesses
as well as the accountant firms in the locality to audit and re-examine the statements in accordance with Article 14 of the Provisions.

Article 40

Before distributing dividends, the companies should set aside legally prescribed common reserve funds and public welfare funds in
accordance with related provisions, the amount of after-tax dividends should be set according to the following two figures, whichever
the smaller:

1.

the sum of after-tax profits available for distribution as listed in the financial statements compiled in accordance with China’s
accounting rules and audited by accountants’ firms;

2.

the sum of after-tax profits available for distribution as listed in the audited financial statements compiled on the basis of China’s
accounting rules but having been modified in accordance with international accounting rules or with the accounting rules of the locality
for chief rally of the shares.

Article 41

The dividends should be converted to foreign currency at exchange rates as determined in accordance with stipulations, as set in the
articles of association or resolutions passed at general meetings of shareholders of the companies. Without such stipulations, the
rates should be the median as announced by Chinese People’s Bank for the currencies involved on the business day immediately following
the date of the passage of the last resolution of the general meeting of shareholders.

Article 42

Besides employing domestic accounting firms with qualifications for securities businesses, the companies, if necessary, can also employ
overseas accounting firms that are qualified according to requirement of the State to audit or examine their financial statements.

Article 43

Employment or disemployment of accounting firms should be up to the decision of the general meeting of shareholders and reported to
CSRC for the record.

The term of the employment of accounting firms shall start at the date of the conclusion of the current general meeting of the shareholders
and end at the date of the end of the next shareholders’ meeting.

During the planning of a company issuing B shares to be established upon approval, employment of accounting firms shall be decided
by the main sponsor of the company or its reorganizing precedent.

Article 44

The companies shall notify the accounting firms in advance of the decision of their employment or dis-continuance of employment. The
accounting firms are enpost_titled to put forward their opinions before the general meeting of the shareholders.

The accounting firms, when resign, should explain before the general meeting of shareholders should there be any improper circumstances
or not.

Chapter VII Supplementary Provisions

Article 45

Disputes between B shareholders and the companies; between B shareholders and directors, supervisors and other senior managerial personnel
of the companies, between the holders of B shares and A shares (for domestic investors) of the same companies involving contents
specified in the articles of association concerned or other related affairs should be handled in accordance with the laws of the
People’s Republic of China.

Article 46

State Council-approved municipalities separately listed on the State plan may refer to provisions of the Provisions and rules in concerns
with people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government.

Article 47

CSRC can formulate its own special rules on the basis of this set of rules.

Article 48

This set of rules shall ento into force as of the date of promulgation.



 
The Securities Commission of the State Council
1996-05-03

 







REGULATIONS ON FOREIGN EXCHANGE CONTROL

Category  BANKING Organ of Promulgation  The State Council Status of Effect  With An Amendment Existing
Date of Promulgation  1996-01-29 Effective Date  1996-04-01  


Regulations of the People’s Republic of China on Foreign Exchange Control

Chapter I  General Provisions
Chapter II  Foreign Exchange in Current Transactions
Chapter III  Foreign Exchange in Capital Transactions
Chapter IV  Foreign Exchange Business of Financial Institutions
Chapter V  Renminbi Exchange Rates and Exchange Market
Chapter VI  Legal Responsibilities
Chapter VII  Supplementary Provisions

(Adopted at the 41st Executive Meeting of the State Council on January 8,

1996, promulgated by Decree No.193 of the State Council of the People’s
Republic of China on January 29, 1996) (Editor’s Note: For the revised text,
see Decision of the State Council on Amending the Regulations of the People’s
Republic of China on Foreign Exchange Control promulgated on January 14, 1997,
and effective as of the same date)
Chapter I  General Provisions

    Article 1  These Regulations are formulated for the purpose of
strengthening the foreign exchange control, keeping international payments
equilibrium and promoting the healthy development of the national economy.

    Article 2  The exchange control department of the State Council and its
branches (hereinafter referred to as the exchange control department) shall
exercise foreign exchange control according to law, and be responsible for
the implementation of these Regulations.

    Article 3  “Foreign exchange” mentioned in these Regulations means those
payment instruments and assets in foreign currency which may be used for
international payments, including the following:

    (1) foreign currencies, including banknote and coins;

    (2) foreign currency payment instruments, including negotiable
securities, bank deposit certificates and postal savings certificates, etc.;

    (3) foreign currency securities, including government bonds, corporate
bonds and stocks, etc.;

    (4) Special Drawing Rights and European Monetary Units; and

    (5) other assets in foreign currency.

    Article 4  These Regulations shall be applicable to foreign exchange
receipts and disbursements and foreign exchange business operations by either
domestic institutions and individuals or foreign institutions and individuals
in China.

    Article 5  The state shall adopt a system of statistics and reporting of
the international balance of payment. All organizations and individuals
involved in international payments shall take statistics and make reports on
their international balance of payment.

    Article 6  No circulation of, or valuation and settlement in, foreign
currencies shall be allowed in the territory of the People’s Republic of
China.

    Article 7  Any organization or individual shall be enpost_titled to accuse and
expose the acts and activities that violate the exchange control.

    Organizations and individuals having rendered great service in accusing,
exposing, or assisting in the investigation of, violations of exchange
control shall be awarded by the exchange control department, and the latter
shall keep things secret.
Chapter II  Foreign Exchange in Current Transactions

    Article 8  Foreign exchange receipts from current transactions by
domestic institutions must be transferred to China and may not be held abroad
in violation of relevant provisions of the state.

    Article 9  Foreign exchange receipts from current transactions by
domestic institutions shall be sold to the authorized bank for dealing in
foreign exchange in accordance with provisions of the State Council
concerning the administration on foreign exchange settlements, sales and
payments or, with an approval, a foreign exchange account may be opened for
that with the authorized bank for dealing in foreign exchange.

    Article 10  Foreign exchange needed for current transactions by domestic
institutions shall be paid through buying from the authorized bank for
dealing in foreign exchange by presentation of valid certificates and
business papers in accordance with provisions of the State Council concerning
the administration on foreign exchange settlements, sales and payments.

    Article 11  Domestic institutions shall go through verification and
cancellation formalities for their foreign exchange receipts from export and
foreign exchange payments for import in accordance with provisions of the
state concerning the administration on verification and cancellation of
foreign exchange receipts from export and foreign exchange payments for
import.

    Article 12  Personal foreign exchange may be held by the individuals
themselves, or they may also be deposited in the bank or sold to the
authorized bank for dealing in foreign exchange.

    The business in personal foreign exchange saving deposit shall abide by
the principle of voluntariness in depositing, freedom of withdrawal, interest
on every deposit and keeping in secret for the depositors.

    Article 13  Foreign exchange needed by individuals when leaving China on
private business shall be bought within the specified limits; those beyond
the specified limits may be applied for to the exchange control department.

    Individuals carrying foreign exchange when leaving China shall go through
the declaration formalities with the customs; those carrying foreign
exchange exceeding the specified limits shall, in addition, present valid
certificates to the customs.

    Article 14  Without the approval from the exchange control department, no
foreign exchange assets in forms of foreign currency payment instruments or
foreign currency securities, etc., which are held by Chinese citizens
residing in China, may be carried or sent by post out of China.

    Article 15  Certificate fees and authentication fees received in Renminbi
by foreign diplomatic missions and consular posts in China may be converted
at the authorized bank for dealing in foreign exchange by presentation of
relevant certifications, when there is a need to remit them out of China.

    For remittance of any receipts in Renminbi legally obtained by foreign
institutions in China other than those mentioned in the preceding paragraph,
an application with relevant certifications shall be submitted to the
exchange control department, and said receipts in Renminbi may be converted
at the authorized bank for dealing in foreign exchange against foreign
exchange sales notices issued by the exchange control department.

    Article 16  Subject to provisions of paragraph 2 of this article,
salaries and other legitimate incomes obtained in Renminbi by foreign
specialists engaged by domestic institutions may be converted at the
authorized bank for dealing in foreign exchange and remitted or carried out
of China after taxation.

    salaries and other legitimate incomes obtained in foreign currency by
foreigners engaged by Chinese foreign investment enterprises may be directly
remitted or carried out of China after taxation; those obtained in Renminbi
may, after taxation, be converted at the authorized bank for dealing in
foreign exchange by presentation of valid certificates prescribed by the
exchange control department, and be remitted or carried out of China.

    Article 17  Foreign exchange remitted or carried in from outside China
by foreign institutions or individuals in China may be held by themselves,
deposited in the bank or sold to the authorized bank for dealing in foreign
exchange. They may also be remitted or carried out of China by presentation
of valid certificates.
Chapter III  Foreign Exchange in Capital Transactions

    Article 18  Foreign exchange receipts from capital transactions by
domestic institutions shall be transferred to China, except the State Council
has provisions otherwise.

    Article 19  Domestic institutions shall, in accordance with relevant
provisions of the state, open foreign exchange accounts with the authorized
bank for dealing in foreign exchange for their foreign exchange receipts from
capital transactions; for selling said receipts to the authorized bank for
dealing in foreign exchange, an approval from the exchange control department
shall be obtained in advance.

    Article 20  Domestic institutions wishing to make investment outside
China shall, before applying to the competent department for examination and
approval, have their sources of foreign exchange funds examined by the
exchange control department; after obtaining the approval, they shall go
through the fund remittance formalities in accordance with provisions of the
State Council concerning the foreign exchange control relating to external
investment.

    Article 21  The raising of foreign loans shall be handled in accordance
with relevant provisions of the state by government departments designated by
the State Council or by financial institutions or enterprises approved by the
exchange control department of the State Council.

    Foreign loans raised by foreign investment enterprises shall be submitted
to the exchange control department for the record.

    Article 22  For issuing foreign currency bonds outside China, financial
institutions shall apply to the exchange control department of the State
Council for approval, and the issuance shall be handled in accordance with
relevant provisions of the state.

    Article 23  The provision of external guarantee may be handled only by
the financial institutions and enterprises which are qualified according to
relevant provisions of the state and, for the provision, an approval from the
exchange control department shall be obtained in advance.

    Article 24  The state shall adopt a registration system for external
debts.

    Domestic institutions shall go through external debt registration
procedures in accordance with provisions of the State Council concerning the
external debt statistics and monitoring.

    The exchange control department of the State Council shall be responsible
for the nationwide statistics and monitoring of external debts, and shall
publish the external debt situation regularly.

    Article 25  Where a foreign investment enterprise is legally terminated,
among the assets after liquidation and taxation in accordance with relevant
provisions of the state, the Renminbi owned by the foreign party may be
converted at the authorized bank for dealing in foreign exchange and remitted
or carried out of China; the foreign exchange owned by the Chinese party
shall all be sold to the authorized bank for dealing in foreign exchange.
Chapter IV  Foreign Exchange Business of Financial Institutions

    Article 26  For launching foreign exchange business, financial
institutions must apply for approval to the exchange control department and
obtain a foreign exchange business license.

    Without approval from the exchange control department, no organization or
individual may engage in foreign exchange business. Financial institutions
with the approval for foreign exchange business operations may not engage in
business which are beyond the approved scope.

    Article 27  Financial institutions engaging in foreign exchange business
shall open foreign exchange accounts for their customers and handle relevant
foreign exchange business in accordance with relevant provisions of the state.

    Article 28  In operations of foreign exchange business, financial
institutions shall deposit reserves for foreign exchange deposit in
accordance with relevant provisions of the state, abide by provisions
concerning the control of foreign exchange balance sheet ratio, and establish
reserves for bad debts.

    Article 29  The authorized bank for dealing in foreign exchange shall use
their owned capital for the payment of Renminbi needed in the business of
exchange settlement.

    Revolving foreign exchange fund for settlement of accounts of the
authorized bank for dealing in foreign exchange shall be managed within a
proportional range, which shall be appraised and fixed in the light of actual
situation by the People’s Bank of China.

    Article 30  In operations of foreign exchange business, financial
institutions shall subject themselves to the inspection and supervision by
the exchange control department.

    Financial institutions engaging in foreign exchange business shall file
with the exchange control department their foreign exchange balance sheets,
foreign exchange profit and loss statements and other financial accounting
statements and data.

    Article 31  For terminating the operation of foreign exchange business,
financial institutions shall apply to the exchange control department for
approval. Financial institutions approved to terminate the operation of
foreign exchange business shall make liquidation of foreign exchange
creditor’s rights and debts, and hand in the foreign exchange business
license for cancellation.
Chapter V  Renminbi Exchange Rates and Exchange Market

    Article 32  A single managed floating system on the basis of the supply
and demand in the market shall be adopted to the Renminbi exchange rates.

    The People’s Bank of China shall, according to the prices shaped in the
exchange market among banks, publish the exchange rates between Renminbi and
major foreign currencies.

    Article 33  Foreign exchange market transactions shall follow the
principle of openness, fairness, impartiality and good faith.

    Article 34  The currency varieties and forms of foreign exchange market
transactions shall be specified and adjusted by the exchange control
department of the State Council.

    Article 35  The authorized bank for dealing in foreign exchange and other
financial institutions engaging in foreign exchange business are transactors
in the foreign exchange market among banks.

    The authorized bank for dealing in foreign exchange and other financial
institutions engaging in foreign exchange business shall determine the
foreign exchange buying and selling prices for their customers and handle
the foreign exchange business according to the rates and floating ranges
published and specified by the People’s Bank of China.

    Article 36  The exchange control department of the State Council shall
exercise supervision and administration on the foreign exchange market
throughout the country according to law.

    Article 37  The People’s Bank of China shall exercise adjustment and
control with regard to the foreign exchange market according to the needs of
the monetary policies and the fluctuations of the foreign exchange market.
Chapter VI  Legal Responsibilities

    Article 38  Whoever evades foreign exchange by committing any of the
following acts shall be ordered to transfer the foreign exchange back to
China within a specified time with a compulsory buying and exchanging of said
foreign exchange and a fine from 30 per cent to five times the evaded amount
imposed on by the exchange control department, or be investigated for the
criminal responsibility if a crime is constituted:

    (1) in violation of provisions of the state, holding the foreign
exchange abroad without authorization;

    (2) failing to sell the foreign exchange to the authorized bank for
dealing in foreign exchange in accordance with provisions of the state;

    (3) remitting or carrying foreign exchange out of China in violation of
provisions of the state;

    (4) carrying or sending by post foreign currency deposit certificates or
foreign currency securities out of China without an approval from the
exchange control department; or

    (5) other acts of evading foreign exchange.

    Article 39  Whoever engages in illegal procurement of foreign exchange
by committing any of the following acts shall be given a warning with a
compulsory buying and exchanging of the procured foreign exchange and a fine
from 30 per cent to three times the amount procured imposed on by the
exchange control department, or be investigated for the criminal
responsibility if a crime is constituted:

    (1) in violation of provisions of the state, paying in Renminbi or with
physical goods for import or for others of the like which should be paid for
in foreign exchange;

    (2) paying domestic expenses for other persons in Renminbi while being
repaid in foreign currency by those persons;

    (3) without the approval from the exchange control department, foreign
investors making investment in China with Renminbi or with goods and materials
purchased in China;

    (4) buying foreign exchange from the authorized bank for dealing in
foreign exchange by cheating with false or invalid certificates, contracts
or documents; or

    (5) other acts of illegally procuring foreign exchange;

    Article 40  Whoever engages in foreign exchange business without an
approval from the exchange control department shall be confiscated of their
illegal earnings with their illegal business forbidden by the exchange
control department, or be investigated for the criminal responsibility if a
crime is constituted.

    Financial institutions engaging in foreign exchange business beyond the
approved scope without authorization shall be ordered to make corrections by
the exchange control department with confiscation of their illegal earnings,
if any, and a fine from one to five times the illegal earnings, or a fine
from 100,000 to 500,000 yuan if there is no illegal earnings. Where the
circumstances are serious or no corrections have been made within the
specified time, they shall be ordered to make consolidation or be revoked of
their foreign exchange business licenses by the exchange control department.
Where a crime is constituted, they shall be investigated for the criminal
responsibility.

    Article 41  The authorized bank for dealing in foreign exchange who fails
to handle the foreign exchange settlements or sales in accordance with
provisions of the state shall be ordered to make corrections and criticized
by circulating a criticism notice by the exchange control department with
confiscation of their illegal earnings and a fine from 100,000 to 500,000
yuan. Where the circumstances are serious, they shall be suspended from the
business of foreign exchange settlements and sales.

    Article 42  Financial institutions engaging in foreign exchange business
who violate the control of Renminbi exchange rates, foreign exchange loan and
deposit interest rates or foreign exchange market, shall be ordered to make
corrections and criticized by circulating a criticism notice by the exchange
control department with confiscation of their illegal earnings, if any, and a
fine from one to five times the illegal earnings, or a fine from 100,000 to
500,000 yuan if there is no illegal earnings. Where the circumstances are
serious, they shall be ordered to make consolidation or be revoked of their
foreign exchange business licenses by the exchange control department.

    Article 43  Domestic institutions committing any of the following acts in
violation of the control of external debts shall be given a warning and
criticized by circulating a criticism notice with a fine from 100,000 to
500,000 yuan imposed on by the exchange control department, or be
investigated for the criminal responsibility if the a crime is constituted:

    (1) raising foreign loans without authorization;

    (2) in violation of relevant provisions of the state, issuing foreign
currency bonds outside China without authorization;

    (3) in violation of relevant provisions of the state, providing external
guarantee without authorization; or

    (4) other acts in violation of the control of external debts;

    Article 44  Domestic institutions illegally using foreign exchange under
any of the following circumstances shall be ordered to make corrections by
the exchange control department with a compulsory buying and exchanging,
confiscation of their illegal earnings and a fine not exceeding the value of
the foreign exchange amount involved in the illegal acts, or be investigated
for the criminal responsibility if a crime is constituted:

    (1) valuating and settling in foreign currency in China;

    (2) providing pledge with foreign currency without authorization;

    (3) changing the uses of foreign exchange without permission; or

    (4) other circumstances involved in illegal use of foreign exchange;

    Article 45  Whoever buys and sells foreign exchange without permission or
in a disguised form or scalps foreign exchange shall be given a warning by
the exchange control department with a compulsory buying and exchanging,
confiscation of their illegal earnings and a fine from 30 per cent to three
times the foreign exchange amount involved in the illegal acts. Where a crime
is constituted, they shall be investigated for the criminal responsibility.

    Article 46  Domestic institutions who, in violation of the administration
on foreign exchange accounts, open foreign exchange accounts inside or
outside China without permission, lend or transfer their foreign exchange
accounts, use each other’s foreign exchange accounts in collusion, or use the
foreign exchange accounts for other purposes than those approved shall be
ordered to make corrections and criticized by circulating a criticism notice
by the exchange control department with cancellation of their foreign
exchange accounts and a fine from 50,000 to 300,000 yuan.

    Article 47  Domestic institutions who, in violation of the
administration of foreign exchange verification and cancellation, forge,
alter, lend, transfer or repeatedly use export verification and cancellation
certificates, or fail to go through the specified verification and
cancellation procedures shall be given a warning and criticized by
circulating a criticism notice by the exchange control department with
confiscation of their illegal earnings and a fine from 50,000 to 300,000
yuan. Where a crime is constituted, they shall be investigated for the
criminal responsibility.

    Article 48  Financial institutions engaging in foreign exchange business
who violate provisions of Article 28 or 38 of these Regulations shall be
ordered to make corrections and criticized by circulating a criticism notice
by the exchange control department with a fine from 50,000 to 300,000 yuan.

    Article 49  Where any party concerned refuses to accept the penalty
decision made by the exchange control department, he may, within 15 days from
receiving the notification of the penalty decision, apply for reconsideration
to the exchange control department at the immediately higher level, which
shall make a reconsideration decision within two months from receiving the
reconsideration application. The party concerned refusing to accept the
consideration decision may bring a suit with the people’s court.

    Article 50  Where any domestic institution violates provisions concerning
the foreign exchange control, in addition to the penalty on the institutions
according to provisions of these Regulations, the person in charge directly
responsible and other person directly responsible shall be given a
disciplinary sanction, or be investigated for the criminal responsibility if
a crime is constituted.
Chapter VII  Supplementary Provisions

    Article 51  For the purpose of these Regulations,

    (1) “domestic institutions” mean enterprises, institutions, government
departments, public organizations and army units, including foreign
investment enterprises, within the territory of the People’s Republic of
China;

    (2) “the authorized bank for dealing in foreign exchange” means a bank
that engages in the business of foreign exchange settlement and sales with
the approval of the exchange control department;

    (3) “individuals” mean either Chinese citizens or foreigners who reside
in the People’s Republic of China up to one year;

    (4) “foreign institutions in China” mean foreign diplomatic missions and
consular posts in China, resident representative offices in China of
international organizations, foreign commercial representative offices in
China and resident business offices in China of foreign nongovernmental
organizations;

    (5) “foreign individuals in China” mean permanent personnel of foreign
institutions in China, foreigners staying short terms in China, foreigners
engaged by domestic institutions and foreign students studying in China;

    (6) “current transactions” mean transactions that occur frequently
resulting in international receipt and payment, including trade receipt and
payment, service receipt and payment and unilateral transfer, etc.; and

    (7) “capital transactions” mean capital exporting and importing resulting
in increasing or decreasing of assets and liabilities, including direct
investment, loans of all kinds and investment in securities, etc..

    Article 52  Foreign exchange control measures for bonded areas shall be
formulated separately by the exchange control department of the State
Council.

    Article 53  Foreign exchange control measures for frontier trade and
transactions between inhabitants on either side of the border shall be
separately formulated by the exchange control department of the State Council
according to the principles prescribed by these Regulations.

    Article 54  These Regulations shall enter into force on April 1, 1996.
The Interim Regulations of the People’s Republic of China on Foreign Exchange
Control promulgated by the State Council on December 18, 1980 and the rules
thereunder shall cease to be in force thereupon.






CUSTOMS REGULATIONS ON CLEARANCE OF ENTERING AND EXITING PASSENGERS

PRC Customs Regulations on Clearance of Entering and Exiting Passengers

     Article 1 This set of regulations has been formulated in accordance with The Customs Law of the PRC and other related laws and regulations.

   Article 2 The terms “customs clearance” in this set of regulations refer to the formalities of presenting of declarations by the entering and
exiting passengers to the customs and the checking, duty levying or exempting and letting pass of passengers’ luggage and goods by
the customs in accordance with the law, or other related supervision formalities.

The term “declarations” in this set of regulations refers to the presenting by entering and exiting passengers of written statements
to the customs on the state of luggage and goods they brought in or out in order as to meet their obligations stipulated in laws
and regulations of the PRC Customs.

   Article 3 Entering and exiting passengers who are required to go through declaration formalities with the customs shall first submit the filled-
out Entering and Exiting Passengers’ Declaration Form of Luggage of the PRC or other required declaration documents to the customs
at the declaration desk to truthfully declare the state of luggage they bring in or out.

Statements made at other places and times or through other means other than those specified above by the entering and exiting passengers
on the state of their luggage shall not be considered declarations by the customs.

   Article 4 The declaration formalities shall be handled by the passengers themselves with the customs. If the passenger entrusts others to fill
in the required forms, he/she shall have his/her own signature in the form. Those entrusted to handle the declaration formalities
shall abide by the related provisions of this set of regulations and bear other related legal responsibilities.

   Article 5 When making declarations with the customs, the entering and exiting passengers shall present valid traveling papers and identification
documents and submit for verification certificates issued by responsible PRC departments approving the import/export of the pertaining
goods as well as business vouchers and other necessary documents.

   Article 6 Duplicates of the declaration papers and other special declaration papers after cleared and sealed by the customs shall be well kept
by the passengers concerned during their effective period or during the customs supervision period and are to be actively presented
when applying for collection, divide or transshipment of the luggage, or purchase of duty or duty-free foreign exchange goods or
going through other formalities by the passengers.

   Article 7 At sites under the supervision of the customs, special declaration desks shall be established along the customs channels for the
passengers to declare incoming or exiting goods.

Sites under the supervision of the customs upon approval by the PRC Customs to practise double-channel systems can establish separately
“declaration channel” (or red channel) and “non-declaration channel” (or blue channel) for the choice of the entering and exiting
passengers in accordance with their status.

   Article 8 The following categories of entering passengers shall declare with the customs and submit declaration papers to the customs for goods
entrance formalities:

1. passengers bringing with goods that have to be levied duties by the customs or are in restricted quantity of duty-free listed in
the second, third and fourth categories of the Classification Table of Goods Carried by Entering and Exiting Passengers (excluding
limited quantities of duty-free cigarettes and wines);

2. non-resident passengers or resident passengers with re-entry visas of the forwarding countries (regions) bringing with more than
one of each of the following personal effects: cameras, portable cassette players and recorders, small cinecameras, camcorders, portable
word processors;

3. passengers bringing with more than RMB 6,000 or gold and silver products heavier than 50 grams;

4. non-resident passengers bringing with foreign exchange cash valued at more than US$5,000;

5. resident passengers bringing with foreign exchange cash valued at over US$1,000;

6. passengers bringing with goods or goods samples exceeding the limit of personal consumption; and

7. passengers bringing with animals, plants or their derivative products that are restricted under China’s quarantine laws and regulations
or other goods that should go through clearance formalities with the customs.

   Article 9 The following categories of exiting passengers shall declare with the customs and submit declaration papers to the customs for goods
exiting formalities:

1. passengers bringing cameras, portable cassette players and recorders, small cinecameras, camcorders, portable word processors and
other personal effects for traveling that would be brought back to China;

2. passengers who fail to bring the original goods to be brought out, or fail to go through customs formalities for temporarily duty-free
goods brought in at entrance;

3. passengers bringing with foreign exchanges or gold, silver or their derivatives larger than the declared amount at entrance brought
in or without; export permission papers;

4. passengers bringing with more than RMB 6,000;

5. passengers bringing with cultural relics;

6. passengers bringing with cargoes or goods samples;

7. passengers bringing with goods at quantities larger than the limits or quotas as stipulated by the customs or other limits;

8. passengers bringing with animals, plants or their derivative products that are restricted under China’s quarantine laws and regulations
or other goods that should go through clearance formalities with the customs.

   Article 10 At sites under the supervision of the customs where there are two channels, passengers specified in Articles 8 and 9 shall choose
the “declaration channel.”

   Article 11 Passengers not sure about which channel they should take shall go through the (declaration channel” for declaration formalities.

   Article 12 Passengers other than those specified in Articles 8, 9 and 11 may not go through declaration formalities with the customs. In sites
with double-channel customs systems, such passengers may choose “non- declaration channel” for entry or exit.

   Article 13 Non-resident passengers with diplomatic or courtesy visas issued by responsible departments of the PRC or other passengers exempted
from declaration clearance, when entering or exiting, shall produce their own passports (or other valid entering or exiting papers)
and identification papers at their own initiative.

   Article 14 Passengers, when entering and exiting, shall abide by this set of regulations and other supplemental provisions formulated by related
customs houses with authorization from and promulgated by the General administration of Customs for the implementation of this set
of regulations.

   Article 15 Passengers with entering and exiting goods failing to go through declaration formalities with the customs in accordance with related
regulations and passengers specified in Articles 8, 9 and 11 that fail to choose the designated channels as stipulated shall be dealt
with in accordance with related provisions of the Customs Law of the PRC and the Detailed Implementation Procedures on Administrative
Sanction of the Customs Law of the PRC.

   Article 16 This set of regulations goes into effect as of January 1, 1996.

    






FOOD HYGIENE LAW OF THE PEOPLE’S REPUBLIC OF CHINA






The Standing Committee of the National People’s Congress

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

No.59

The Food Hygiene Law of the People’s Republic of China, adopted at the 16th Meeting of the Standing Committee of the Eighth National
People’s Congress on October 30, 1995, is promulgated now, and shall enter into force as of the date of promulgation.

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

October 3, 1995

Food Hygiene Law of the People’s Republic of China ContentsChapter I General Provisions

Chapter II Food Hygiene

Chapter III Hygiene of Food Additives

Chapter IV Hygiene of Food Containers, Packaging, Utensils and Equipment Used for Food

Chapter V Formulation of Food Hygiene Standards and Regulations for Food Hygiene Management

Chapter VI Food Hygiene Management

Chapter VII Food Hygiene Supervision

Chapter VIII Legal Responsibility

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is enacted for the purpose of ensuring food hygiene and preventing food contamination and harmful substances from causing
injury to human health in order to safeguard the health of the people and improve their physical fitness.

Article 2

The state shall practice a system of food hygiene supervision.

Article 3

The health department of the State Council shall be responsible for the nationwide supervision and administration of food hygiene.

Relevant departments of the State Council shall, within their relevant scope of duties, be responsible for the administration of food
hygiene.

Article 4

Whoever engages in food production or marketing within the territory of the People’s Republic of China must observe this Law.

This Law applies to all foods and food additives as well as containers, packaging, utensils and equipment used for food, detergents
and disinfectants; it also applies to the premises, facilities and environment associated with food production or marketing.

Article 5

The state shall encourage and protect the social supervision of food hygiene by social organizations and individuals.

Any person shall have the right to inform the authorities or lodge a complaint about violations of this Law.

Chapter II Food Hygiene

Article 6

Food shall be nontoxic and harmless, conform to proper nutritive requirements and have appropriate sensory properties such as color,
fragrance and taste.

Article 7

Principal and supplementary foods intended especially for infants and preschool children shall conform to the nutritive and hygienic
standards promulgated by the health department of the State Council.

Article 8

The processes by which food is produced or marketed shall conform to the requirements for hygiene stated below.

(1)

The environment inside and outside any food production or marketing establishment shall be kept clean and tidy; measures shall be
taken to eliminate flies, rodents, cockroaches and other harmful insects and to remove conditions for their propagation; and a prescribed
distance shall be kept from any toxic or harmful site.

(2)

An enterprise engaged in food production or marketing shall have workshops or other premises for the preparation of raw materials
and for processing, packing and storage that are commensurate with the varieties and quantities of the products handled.

(3)

Appropriate facilities shall be made available for disinfection, changing clothes, washing, natural and artificial light, ventilation,
prevention of spoilage, protection against dust, elimination of flies and rodents, washing of equipment, sewage discharge and the
containment of garbage and other wastes.

(4)

The layout of installations and the application of technological processes shall be rational in order to prevent cross-contamination
between unprocessed foods and ready-to-eat foods and between raw materials and finished products; food must not be placed in contact
with any toxic substance or filth.

(5)

Tableware, drinking sets and containers for ready-to-eat foods must be cleaned and disinfected prior to use; cooking utensils and
other utensils must be washed after use and kept clean.

(6)

Any containers and equipment used for the storage, transportation, loading and unloading of food as well as the conditions under which
these operations are carried out must be safe and harmless and kept clean in order to prevent food contamination.

(7)

Ready-to-eat foods shall be kept in small packets or in clean, nontoxic packaging materials.

(8)

All persons involved in food production or marketing shall maintain a constant standard of personal hygiene, taking care to wash their
hands thoroughly and wear clean work clothes and headgear while preparing or selling food; also, proper utensils must be used when
selling ready-to-eat foods.

(9)

Any water used must conform to the national hygiene standards for drinking-water in urban and rural areas.

(10)

Any detergents and disinfectants used must be safe and harmless to human health.

Specific provisions on the hygiene requirements for food production or marketing undertaken by food street peddlers and persons engaged
in the food business in urban and rural free markets shall be formulated in accordance with this Law by the standing committees of
the people’s congresses in the provinces, autonomous regions, and municipalities directly under the central government.

Article 9

The production and marketing of foods in the following categories shall be prohibited:

(1)

foods that may be injurious to human health because they are putrid or deteriorated, spoiled by rancid oil or fat, moldy, infested
with insects or worms, contaminated, contain foreign matter or manifest other sensory abnormalities;

(2)

foods that contain or are contaminated by toxic or deleterious substances and can thus be injurious to human health;

(3)

foods that contain pathogenic parasites, microorganisms or an amount of microbial toxin exceeding the limits prescribed by the state;

(4)

meat or meat products that have not been inspected by the veterinary health service or have failed to pass such inspection;

(5)

poultry, livestock, game and aquatic animals that have died from disease, poisoning or some unknown cause, as well as products made
from them;

(6)

foods contaminated by use of filthy or seriously damaged containers or packages, or filthy means of conveyance;

(7)

foods that affect nutrition or health because they have been adulterated, mixed up or mislabeled;

(8)

foods prepared from inedible raw materials or containing inedible chemical substances, or inedible materials but falsely claimed to
be foods;

(9)

foods for which the quality guarantee time limit has expired;

(10)

foods of which the sale has been specifically prohibited for the prevention of diseases or other special reasons by the health department
of the State Council or by the people’s governments of the provinces, autonomous regions, or municipalities directly under the central
government;

(11)

foods that contain additives that have not been approved for use by the health department of the State Council, or contain residues
of pesticides in excess of the limits prescribed by the state; and

(12)

other foods that do not conform to the standards and requirements for food hygiene.

Article 10

Food must not contain medicinal substances, with the exception of those products which have traditionally served as both foods and
medications using medicinal substances as raw materials, flavorings or nutritional fortifiers.

Chapter III Hygiene of Food Additives

Article 11

The production, marketing and use of food additives must conform to the hygiene standards for use of food additives and the hygiene
management regulations. The marketing or use of food additives that do not conform to hygiene standards and management regulations
shall be prohibited.

Chapter IV Hygiene of Containers, Packaging, Utensils and Equipment Used for Food

Article 12

Containers, packaging, utensils and equipment used for food must conform to the hygiene standards and the hygiene management regulations.

Article 13

Raw or processed materials for making containers, packaging, utensils and equipment used for food must meet hygiene requirements.
The finished products should be easy to clean and disinfect.

Chapter V Formulation of Food Hygiene Standards and Regulations for Food Hygiene Management

Article 14

The health department of the State Council shall formulate or approve and promulgate national hygiene standards, hygiene management
regulations and inspection procedures for food, food additives, the containers, packaging, utensils and equipment used for food,
the detergents and disinfectants used for washing food or utensils and equipment used for food, and the prescribed limits for contaminants
and radioactive substances in food.

Article 15

If the state has not formulated hygiene standards for a certain food, the people’s governments of the provinces, autonomous regions,
and municipalities directly under the central government may establish local hygiene standards for that food and report them to the
health department of the State Council and the department of the State Council in charge of standardization for filing.

Article 16

Quotas with hygienic significance within the national quality standards for food additives must be examined and approved by the health
department of the State Council.

Appraisals of the safe use of agricultural chemicals, such as pesticides and chemical fertilizers, shall be examined and approved
by the health department of the State Council.

Veterinary hygiene inspection procedures for slaughtered livestock and poultry shall be jointly formulated by the relevant administrative
departments and the health department of the State Council.

Chapter VI Food Hygiene Management

Article 17

The administrative department for food production and marketing of the people’s governments at various levels should strengthen the
administration of food hygiene and should supervise the implementation of this Law.

The people’s governments at various levels should encourage and support the improvement of food processing technology and promote
the advance of food hygiene quality.

Article 18

Enterprises engaged in food production or marketing shall improve food hygiene management systems within their units, appoint full-time
or part-time personnel to manage food hygiene and strengthen the inspection of food produced or marketed.

Article 19

The selection of sites and designs for the construction, extension or renovation of enterprises engaged in food production or marketing
shall meet hygiene requirements, and the administrative departments for health must participate in the examination of those designs
and in the inspection and acceptance of finished projects.

Article 20

Before beginning production of new types of foods or food additives using new resources, the enterprises engaged in their production
or marketing must submit the data necessary for the evaluation of the hygiene and nutrition of such products; before beginning production
of new types of containers, packaging, utensils, or equipment used for foods, which use new raw or processed materials, the enterprises
engaged in their production or marketing must submit the data necessary for the evaluation of the hygiene of such products. Before
beginning production of the above new products, it shall also be necessary to provide samples of the products for examination and
approval, in accordance with the specified procedures for examining and approving food hygiene standards.

Article 21

The product description or packaging labels for any standardized packaged food or food additive must, according to the category of
product and its requirements, indicate the name of the product, the place of origin, the name of the factory, the date of manufacture,
the batch number or code number, the specifications of the product, the composition or principal ingredients, the time limit for
quality guarantee, the method of consumption or use, and other such information. The product description for any food or food additive
shall not contain exaggerated or fraudulent advertising.

The packaging labels for any food or food additive must be clean and easy to identify. Any food on the domestic market must have a
label in Chinese.

Article 22

If any food is declared to have special effectiveness in health care, the product itself and the product description must be submitted
to the health department of the State Council for examination and approval. The health department of the State Council shall formulate
the hygiene standards and regulations concerning the production and marketing of said product.

Article 23

Any food declared to have special effectiveness in health care must not be harmful to human health. The contents of the product description
must be truthful and the functions and ingredients of the product must conform thereto and must not be fraudulent.

Article 24

Before the delivery or sale of food, food additives, and containers, packaging and utensils used for food, any person engaged in their
production must, in accordance with hygiene standards and regulations on hygiene management, carry out inspection to ensure that
said products are up to standards.

Article 25

Whenever producers or marketers of food procure supplies of food and food raw materials, they shall, in accordance with the relevant
state regulations, request inspection certificates or laboratory test reports, which must be provided by the supplier. The scopes
and types of certificates required shall be specified by the health authorities of the provinces, autonomous regions, and municipalities
directly under the central government.

Article 26

All persons engaged in food production or marketing must undergo an annual medical examination; persons newly employed or serving
temporarily in this field must also undergo a medical examination and may not start work until they have obtained a health certificate.

Persons suffering from dysentery, typhoid, viral hepatitis and other infectious diseases of the digestive tract (including pathogen
carriers), active tuberculosis, suppurative or exudative dermatosis or any other disease incompatible with food hygiene, must not
be engaged in any work involving contact with ready-to-eat foods.

Article 27

Enterprises engaged in food production or marketing as well as street food peddlers must obtain a hygiene license issued by the administrative
department for health before they shall be permitted to apply for registration with the administrative departments for industry and
commerce. Any person without a hygiene license may not be engaged in food production or marketing.

Persons engaged in food production or marketing must not forge, alter or lend out the hygiene license.

The procedures for the issuance and administration of hygiene licenses shall be specified by the health authorities of the people’s
governments of the provinces, autonomous regions, and municipalities directly under the central government.

Article 28

The sponsors of all kinds of food markets shall be responsible for the management of food hygiene in their respective markets and
shall establish the public hygiene facilities necessary to maintain good hygienic conditions.

Article 29

The administrative departments for industry and commerce shall be responsible for the management of food hygiene in urban and rural
free markets; the administrative departments for health shall be responsible for the supervision and inspection of food hygiene.

Article 30

Imported foods, food additives and the containers, packaging, utensils and equipment used for food must comply with national hygiene
standards and hygiene management regulations.

The imports listed in the preceding paragraph shall be subject to hygiene supervision and inspection by the port agencies for imported
food hygiene supervision and inspection. The goods must undergo inspection and prove to be up to standards before being permitted
to be imported. The customs authorities shall grant clearance of goods based on the certificates of inspection.

When declaring such products for inspection, the importer shall submit the relevant data and inspection reports on the pesticides,
additives, fumigants and other such substances used by the exporting country (region).

The imports listed in the first paragraph shall be inspected in accordance with national hygiene standards. In the event that no national
hygiene standards exist, the importer must submit data on the hygiene appraisal issued by the health departments or organizations
of the exporting country (region). The import agencies for imported food hygiene supervision and inspection shall examine and inspect
these data and submit them to the health department of the State Council for approval.

Article 31

Foods for export shall be subject to hygiene supervision and inspection by state inspection agencies for import and export goods.

The customs authorities shall grant clearance for export goods based on the certificates issued by the state inspection agencies for
import and export goods.

Chapter VII Food Hygiene Supervision

Article 32

The health authorities of the local people’s governments at the county level or above shall fulfill the functions of food hygiene
supervision within the scope of their jurisdiction.

Agencies for food hygiene supervision established by the departments in charge of administration of railways and other transportation
shall fulfill the functions of food hygiene supervision as stipulated by the health department in consultation with other relevant
departments of the State Council.

Article 33

The functions of food hygiene supervision shall be as follows:

(1)

to provide monitoring of, inspection of and technical guidance for food hygiene;

(2)

to contribute to the training of personnel for food production and marketing and to supervise the medical examinations of such personnel;

(3)

to spread knowledge of food hygiene and nutrition, provide appraisals of food hygiene and publicize the existing condition of food
hygiene;

(4)

to conduct hygiene inspections of sites and designs for the construction, extension or renovation of enterprises engaged in food production
or marketing and participate in the inspection and acceptance of finished projects;

(5)

to investigate accidents involving food poisoning or food contamination and take appropriate measures of control;

(6)

to make rounds of inspection and supervision concerning acts in violation of this Law;

(7)

to determine the responsibility of persons who violate this Law and impose administrative penalties on them according to law; and

(8)

to take charge of other matters that concern food hygiene supervision.

Article 34

The health authorities of the people’s governments at the county level or above shall appoint food hygiene supervisors. The supervisors
shall be qualified specialists certified by the health authorities at the corresponding level.

The food hygiene supervisors of railways and other transportation agencies shall be certified by the relevant authorities at a higher
level.

Article 35

Food hygiene supervisors shall carry out the tasks assigned to them by the administrative departments for health.

Food hygiene supervisors must enforce laws impartially, be devoted to their duties and shall not take advantage of their positions
for their own benefit.

While carrying out their tasks, food hygiene supervisors may obtain information from the producers or marketers of food, request any
necessary data, enter the production or marketing premises for purposes of inspection, and obtain free samples in accordance with
regulations. The producers or marketers of food may not turn down such requests nor hold back any information.

The food hygiene supervisors shall be obliged to keep confidential any technical data provided by the producers or marketers.

Article 36

The health department of the State Council and the health authorities of the people’s governments of the various provinces, autonomous
regions, and municipalities directly under the central government may, if the need arises, assign competent units as units for the
inspection of food hygiene; these units shall carry out food hygiene inspection and provide inspection reports.

Article 37

The health authorities of the local people’s governments at the county level or above may take any of the following provisional measures
of control towards a producer or marketer of food who is responsible for a food poisoning accident which has already occurred or
for which there is evidence of the possibility of occurring.

(1)

to seal up the food and its raw materials which has caused or which may possibly cause a food poisoning accident or;

(2)

to seal up contaminated utensils or equipment used for food, and order a washing and disinfection.

Upon inspection, food proved to be contaminated shall be destroyed; food which is not contaminated shall not be sealed up.

Article 38

Units where food poisoning accidents have occurred as well as units where the victims have been admitted for hospitalization shall,
in addition to taking rescue measures, submit prompt reports to the local health authorities in accordance with relevant state provisions.

The health authorities of the local people’s governments at the county level or above shall, upon receiving the above-mentioned report,
investigate and handle the case promptly, and shall take appropriate measures of control.

Chapter VIII Legal Responsibility

Article 39

Whoever, in violation of the provisions of this Law, produces or markets food which does not conform to hygiene standards and thereby
causes a food poisoning accident or transmission of a disease caused by food-borne bacteria shall be ordered to stop production or
marketing and destroy the food which is the cause of the accident or disease; moreover, they shall have any illegal gains confiscated
and be subject to a fine of from one to five times the amount of any illegal gains; if there are no illegal gains, a fine of between
1,000 yuan and 50,000 yuan shall be imposed.

Whoever, in violation of the provisions of this Law, produces or markets food which does not conform to hygiene standards, and thereby
causes a serious accident of food poisoning or transmission of a serious disease caused by food-borne bacteria, resulting in great
harm to human health, or who puts poisonous or harmful inedible raw materials in manufactured or marketed food, shall be investigated
for criminal responsibility in accordance with the law.

Anyone who commits one of the acts listed in this Article shall have his hygiene license revoked.

Article 40

Whoever, in violation of the provisions of this Law, engages in food production or marketing without a hygiene license or with a forged
hygiene license shall be banned, have any illegal gains confiscated and be subject to a fine of from one to five times the amount
of any illegal gains; if there are no illegal gains, a fine of between 500 yuan and 30,000 yuan shall be imposed. Anyone who alters
or lends out a hygiene license shall have the hygiene license revoked, shall have any illegal gains confiscated and shall be subject
to a fine of from one to three times the amount of any illegal gains; if there are no illegal gains, a fine of between 500 yuan and
10,000 yuan shall be imposed.

Article 41

Whoever, in violation of the provisions of this Law, fails to comply with hygiene requirements in the process of food production or
marketing shall be ordered to make corrections, be given a warning and may also be fined an amount of up to 5,000 yuan; if the offender
refuses to make such corrections or if the other circumstances are serious, the hygiene license shall be revoked.

Article 42

Whoever, in violation of the provisions of this Law, produces or markets food of which the production or marketing has been prohibited
shall be ordered to stop its production or marketing, promptly issue an announcement calling for the withdrawal of food already sold
and shall proceed to destroy such food; moreover, any illegal gains shall be confiscated, and a fine of from one to five times the
amount of any illegal gains shall be imposed; if there are no illegal gains, a fine of from 1,000 yuan to 50,000 yuan shall be imposed.
If the circumstances are serious, the hygiene license shall be revoked.

Article 43

Whoever, in violation of the provisions of this Law, produces or markets principal or supplementary foods intended especially for
infants or preschool children which do not conform to nutritive and hygienic standards shall be ordered to stop production or marketing,
promptly issue an announcement calling for the withdrawal of foods already sold and proceed to destroy such foods; moreover, any
illegal gains shall be confiscated and a fine of from one to five times the amount of any illegal gains shall be imposed; if there
are no illegal gains, a fine of between 1,000 yuan and 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene
license shall be revoked.

Article 44

Whoever, in violation of the provisions of this Law, produces, markets or uses food additives, containers, packaging, utensils or
equipment used for food, or detergents and disinfectants which do not conform to hygiene standards and hygiene management regulations
shall be ordered to stop their production, marketing or use, have any illegal gains confiscated, and be subject to a fine from one
to three times the amount of any illegal gains; if there are no illegal gains, a fine of up to 5,000 yuan shall be imposed.

Article 45

Whoever, in violation of the provisions of this Law, produces or markets foods described as possessing special effectiveness in health
care without examination by and approval of the health department of the State Council, or produces or markets such food with its
product description containing fraudulent claims shall be ordered to stop production or marketing, have any illegal gains confiscated,
and be subject to a fine from one to five times the amount of any illegal gains; if there are no illegal gains, a fine of between
1,000 yuan and 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene lance shall be revoked.

Article 46

Whoever, in violation of the provisions of this Law, fails to provide or fraudulently indicates such items as the date of manufacture,
the time limit for quality guarantee, etc., in the product description or packaging label for any standardized packaged food or food
additive, or who, in violation of the provisions of this Law, fails to provide packaging labels in Chinese, shall be ordered to make
corrections and may also be subject to a fine of between 500 yuan and 10,000 yuan.

Article 47

Whoever, in violation of the provisions of this Law, engages in food production or marketing without a health certificate, or does
not transfer from work involving food production or marketing an employee who suffers from a disease for which, according to regulations,
contact with ready-to-eat foods should be prohibited shall be ordered to make corrections and may also be subject to a fine of up
to 5,000 yuan.

Article 48

Whoever, in violation of the provisions of this Law, is responsible for a food poisoning accident or transmission of a disease caused
by food-borne bacteria, or commits other acts in violation of this Law which results in harm to others, shall assume civil responsibility
for compensation in accordance with the law.

Article 49

The administrative penalties stipulated in this Law shall be determined by the health authorities of the local people’s governments
at the county level and above. Other agencies stipulated in this law for the exercise of food hygiene supervision shall, within the
scope of their respective powers, make decisions on administrative penalties in accordance with the provisions of this Law.

Article 50

If a party refuses to accept an administrative penalty decision, it may apply for reconsideration to the agency at the level next
higher than the one that made the decision within 15 days from the date of receiving notification of the penalty; it may also directly
file a suit in a people’s court within 15 days from the date of receiving notification of the penalty.

The agency making the reconsideration shall produce a decision within 15 days from the date of receiving the application for reconsideration.
If the party refuses to accept the reconsideration decision, it may file a suit in a people’s court within 15 days from the date
of receiving the reconsideration decision.

If a party neither applies for consideration, nor files a suit in a people’s court, nor complies with the penalty decision within
the specified time limit, the agency that made the penalty decision may apply to a people’s court for compulsory enforcement.

Article 51

Where the administrative departments for health, in violation of the provisions of this Law, issue a hygiene license to producers
or marketers who do not meet the requirements, the personnel directly responsible shall be subject to disciplinary sanctions; if
a bribe has been accepted and the act constitutes a crime, criminal responsibility shall be investigated according to law.

Article 52

Where personnel in charge of food hygiene supervision and management abuse authority, neglect duties or engages in fraud for selfish
ends, and thereby cause a serious accident, if the act constitutes a crime, criminal responsibility shall be investigated according
to law; if the act does not constitute a crime, disciplinary sanctions shall be imposed.

Article 53

Whoever, by restoring to violence or threats, obstructs personnel in charge of food hygiene supervision and management who are legally
carrying out their functions shall be investigated for criminal responsibility; if anyone, without resorting to violence or threats,
refuses or obstructs personnel in charge of food hygiene supervision and management who are legally carrying out their functions,
the public security authorities shall impose punishment in accordance with the Regulations on Administrative Penalties for Public
Security.

Chapter IX Supplementary Provisions

Article 54

The meaning of the following terms used in this Law:

“Food” refers to any finished product or raw material intended for people to eat or drink, as well as any product that has traditionally
served as both food and medication, with the exception of products used solely for medical purposes.

“Food additive” refers to any synthetic compound or natural substance put into food to improve its quality, color, fragrance or taste,
or for the sake of preservation or processing.

“Nutrition fortifier” refers to any natural or artificial food additive belonging to the category of natural nutrients that is put
into food to increase its nutritive value.

“Containers and packaging used for food” refers to products of various materials i

CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING ISSUES OF APPLICATION OF TAXATION PREFERENCE TO INVESTMENT AND OPERATION OF SPECIFIED PROJECTS SUCH AS PORT, QUAY, ETC. ENGAGED BY ENTERPRISES WITH FOREIGN INVESTMENT

The State Administration of Taxation

Circular of the State Administration of Taxation Concerning Issues of Application of Taxation Preference to Investment and Operation
of Specified Projects such as Port, Quay, etc. Engaged by Enterprises with Foreign Investment

GuoShuiFa [1995] No.151

August 4, 1995

The state tax bureaus of all provinces, autonomous regions, municipalities directly under the Central Government and municipalities
separately listed on the State plan:

The provisions of the Subparagraph 1,2,4 of Paragraph 1 of Article 73 , the Subparagraphs 1,2,3 of Paragraph 1 of Article 75 of the
Rules for the Implementation of the Law of Income Tax of the People’s Republic of China on Enterprises with Foreign Investment and
Foreign Enterprises: where the enterprises with foreign investment, which are engaged in energy sources, transportation and infrastructure
projects of port, quay, air port, railway, highway, electricity station, coal mine and water conservancy etc. and agriculture development
and operation project (hereafter as specified projects integrally), accord with the terms and conditions of enterprise types and
project locations and so on, they may enjoy the relevant preferential treatments of reduced tax rates or periodical reduction and
exemption of tax. The relevant issues of carrying out the foregoing tax preference policies is specified hereby as follows:

1.

The enterprises that may enjoy the tax preference of specified projects shall be the enterprises with foreign investment which invest
directly to built up and operate the specified projects, and not include the enterprises which contract with the construction of
the projects stated above.

2.

Where enterprises with foreign investment which invest to operate in specified projects operate in other common projects concurrently,
shall adjust account respectively and declare the income, cost expense of specified projects and common projects and respective taxable
amount of income, and the business income tax shall be calculated and paid in accordance with applicable tax rates and regulations
on periodical reduction and exemption of tax of specified projects and common projects respectively. Where enterprises can’t adjust
account and declare respectively and accurately, or the local competent taxation authorities think they are unreasonable, the local
competent taxation authorities shall calculate the taxable amount of income based on the total taxable amount of income and the proportion
of business income of specified projects to common projects or partition by other rational rates.

 
The State Administration of Taxation
1995-08-04

 




REGULATIONS CONCERNING CERTIFIED PUBLIC ARCHITECTS

Category  URBAN AND RURAL CONSTRUCTION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1995-09-23 Effective Date  1995-09-23  


Regulations of the People’s Republic of China Concerning Certified Public Architects

Chapter I  General Provisions
Chapter II  Examination and Registration
Chapter III  Professional Practice
Chapter IV  Rights and Duties of Certified Public Architects
Chapter V  Legal Responsibility
Chapter VI  Supplementary Provisions

(Promulgated by Decree No.184 of the State Council of the

People’s Republic of China on September 23, 1995)
Chapter I  General Provisions

    Article 1  These Regulations are formulated for the purpose
of strengthening the administration of certified public
architects, improving the quality and level of architectural
design, protecting the public interest, and ensuring the
safety of the life and property of citizens.

    Article 2  “Certified public architect” with regards to
these Regulations, refers to one who has lawfully acquired the
certificates of a certified public architect and is engaged in
the architectural design of buildings or other related
businesses.

    Certified public architects are divided into Grade-1 and
Grade-2 certified public architects.

    Article 3  These Regulations shall apply to the examination,
registration, and practice of certified public architects.

    Article 4  The construction administration and personnel
administration of the State Council, as well as the construction
administration and personnel administration of the local people’s
governments of the various provinces, autonomous regions, and
municipalities directly under the central government, shall comply
with the provisions stipulated in these Regulations to direct and
supervise the examination, registration, and practice of certified
public architects.

    Article 5  The National Administration Committee of Certified
Public Architects and the administration committees of certified
public architects in various provinces, autonomous regions, and
municipalities directly under the central government shall, in
accordance with the provisions prescribed in these Regulations,
be responsible for the concrete work of the examination and
registration of certified public architects.

    The National Administration Committee of Certified Public
Architects shall be organized from among representatives of the
construction administration, personnel administration and other
relevant administrative departments of the State Council, and
architectural design experts.

    The administration committees of certified public architects
of the various provinces, autonomous regions, and municipalities
directly under the central government shall be organized from
among representatives of the construction administrations,
personnel administrations and other relevant administrative
departments of the various provinces, autonomous regions, and
municipalities directly under the central government, and
architectural design experts.

    Article 6  Certified public architects may establish
professional associations of certified public architects to
protect their legitimate rights and interests.
Chapter II  Examination and Registration

    Article 7  The state shall carry out a policy of unified
nationwide qualification examination for certified public
architects. The measures of unified nationwide qualification
examination for certified public architects shall be formulated
by the construction administration of the State Council in
cooperation with the personnel administration of the State Council
after consultation with other relevant administrative departments
of the State Council, and shall be implemented by the National
Administration Committee of Certified Public Architects.

    Article 8  Those who meet one of the following conditions may
apply for permission to take part in the qualification
examination for Grade-1 certified public architect:

    (1) Possession of a Master’s degree or higher in
Architecture, or a Doctorate of Engineering in closely related
specialties, in addition to at least two years’ work experience
in architectural design or other related businesses;

    (2) Possession of a Bachelor’s degree in Architecture or a
Master’s degree in Engineering in closely related specialties, in
addition to at least three years’ work experience in architectural
design or other related businesses;

    (3) Graduate experience in Architecture in addition to at
least five years’ work experience in architectural design or in
other related businesses; or, graduate experience in specialties
closely related to architecture and with at least seven years’
work experience in architectural design or other related
businesses;

    (4) Possession of the technical post_title of senior engineer in
addition to at least three years’ work experience in architectural
design or other related businesses; or possession of the technical
post_title of engineer in addition to at least five years’ work
experience in architectural design or other related businesses; or

    (5) Outstanding achievements in architectural design and
recognition by the National Administration Committee of Certified
Public Architects as having attained the same professional level
as prescribed in the aforesaid four items, though not meeting any
of the aforesaid four conditions.

    Article 9  Those who meet one of the following conditions may
apply for permission to take part in the qualification
examination for Grade-2 certified public architect:

    (1) Graduate or higher experience majoring in Architecture or
in closely related specialties, in addition to at least two
years’ work experience in architectural design or other related
businesses;

    (2) Graduate or higher experience of a junior college
majoring in architectural design technology or in other related
specialties, in addition to at least three years’ work experience
in architectural design or other related businesses;

    (3) Graduate experience from a 4-year secondary specialized
school majoring in architectural design technology, in addition
at least five years’ work experience in architectural design or
other related businesses.

    (4) Graduate experience from a secondary specialized school
in a major closely related to architectural design technology,
in addition to at least seven years’ work experience in
architectural design or other related businesses; or

    (5) Possession of a technical post_title of or higher than
assistant engineer, in addition to at least three years’ work
experience in architectural design or other related businesses.

    Article 10  After being recommended by the unit in which he
is working, an architectural designer who has achieved a
technical post_title of senior engineer or middle-rank engineer before
the implementation of these Regulations may, in accordance with
the provisions stipulated in the measures governing the unified
nationwide qualification examination for certified public
architects, be excused from examinations in certain subjects.

    Article 11  Those candidates who have passed the
qualification examination and attained the corresponding
professional status of a certified public architect may apply for
registration.

    Article 12  The National Administration Committee of
Certified Public Architects shall be responsible for the
registration of Grade-1 certified public architects; the
administration committees of certified public architects of the
various provinces, autonomous regions, and municipalities
directly under the central government shall be responsible for
the registration of Grade-2 certified public architects.

    Article 13  An application for registration shall be
rejected under any one of the following circumstances:

    (1) The applicant has no full capacity for civil conduct;

    (2) The applicant has been punished for criminal activity and
has filed an application for registration within five years after
serving punishment;

    (3) The applicant has received an administrative penalty or
disciplinary sanction resulting in dismissal from office or more
as a result of an error the applicant had made in an architectural
design or other related professional business, and it is less
than two years from the day the administrative penalty or the
desciplinary sanction was decided upon to the day of applying for
registration;

    (4) The applicant has received an administrative penalty
resulting in revoking the certificate of certified public
architect, and it is less than five years from the day the
penalty was decided upon to the day of applying for
registration; or

    (5) Other circumstances prescribed by the State Council in
which the application shall be rejected.

    Article 14  For applications that have been rejected under
Article 13 of these Regulations, the National Administration
Committee of Certified Public Architects, as well as the
administration committees of certified public architects of the
various provinces, autonomous regions, and municipalities directly
under the central government, shall notify the applicant in writing
within 15 days from the day of making such a decision of rejection.
An applicant who wishes to contest the rejection may, within 15 days
from the day of receiving the notification, file an application for
reconsideration to the department of construction administration of
the State Council or the construction administration of the local
people’s government of the respective province, autonomous region,
or municipality directly under the central government.

    Article 15  The National Administration Committee of
Certified Public Architects shall report the list of approved
Grade-1 certified public architects to the construction
administration of the State Council for the record; the
administration committees of certified public architects of the
various provinces, autonomous regions, and municipalities
directly under the central government shall report the list of
approved Grade-2 certified public architects to the construction
administrations of the local people’s governments of the
various provinces, autonomous regions, and municipalities
directly under the central government for the record.

    If the construction administration of the State Council or
the construction administrations of the local people’s
governments of the various provinces, autonomous regions, and
municipalities directly under the central government discover
that a registration approved by the an administration committee
of certified public architects does not meet the requirements
stipulated in these Regulations, they shall inform that
administration committee of certified public architects to cancel
the registration and revoke the certified public architect
certificate.

    Article 16  For an applicant whose registration has been
approved, the National Administration Committee of Certified
Public Architects and the administration committees of certified
public architects of the various provinces, autonomous regions,
and municipalities directly under the central government shall
respectively examine and issue a registration certificate, which
shall be processed by the construction administration of the
State Council as either a Grade-1 or Grade-2 certified public
architect certificate.

    Article 17  The registration of a certified public architect
is valid for two years. Where there is the need to maintain
registration after the expiration of the term of validity, the
applicant shall go through registration procedures within 30 days
before the term of validity expires.

    Article 18  Under any one of the following circumstances,
excepting those stipulated in Paragraph 2 of Article 15 of these
Regulations, a person who has already abtained a certified public
architect certificate may be subject to cancellation of the
registration and shall have the certificate of certified public
architect revoked by the National Administration Committee of
Certified Public Architects or the administration committee of
certified public architects of the province, autonomous region,
or municipality directly under the central government which made
the original approval:

    (1) The person has completely lost the capacity for
civil conduct;

    (2) The person is penalized pursuant to criminal laws;

    (3) The person is dealt an administrative penalty or
disciplinary sanction that is more serious than that of
dismissal from office for a mistake made in the work of
architectural design or in other related professional
business; or

    (4) The person refrains from professional work as a
certified public architect for two or more years.

    If a person whose registration has been canceled raises an
objection to the cancellation of his registration and the
revocation of his certified public architect certificate, he may,
within 15 days from being notified of the cancellation of
registration and of having the certified public architect
certificate revoked, file an application for reconsideration
to the construction administration of the State Council or the
construction administration of the local people’s governments
of the various provinces, autonomous regions, and municipalities
directly under the central government.

    Article 19  A person who had his registration canceled may
file another application for registration as provided for in
these Regulations.
Chapter III  Professional Practice

    Article 20  The professional services of certified public
architects are as follows:

    (1) Architectural design;

    (2) Consultation on architectural design technology;

    (3) Investigation and appraisal of buildings;

    (4) Direction and supervision of construction projects
of which he has headed design; and

    (5) Other professional services prescribed by the
construction administration of the State Council.

    Article 21  A certified public architect shall enroll
as a member of an architectural design unit when practicing.

    The qualification standards and grade of the architectural
design unit and its scope of service shall be prescribed by the
construction administration of the State Council.

    Article 22  There is no limitation on the construction scale
and complexity of the scope of professional service on Grade-1
certified public architects. The scope of professional service of
Grade-2 certified public architects may not exceed the
construction scale and complexity limited by the State.

    Article 23  The mandates for certified public architects to
practice professions shall be accepted and service fees collected
exclusively by the architectural design unit.

    Article 24  The architectural design unit shall be liable for
compensation for economic losses arising from the quality of an
architectural design, and the aforesaid unit shall have the right
to claim compensation from the certified public architect whose
name is signed to the design drawing.
Chapter IV  Rights and Duties of Certified Public Architects

    Article 25  Certified public architects have the right to
practice their profession under the post_title of “certified public
architect.”

    No architect who is not registered may practice under the
post_title of “certified public architect.” No Grade-2 certified
public architects may practice professionally under the post_title of
“Grade-1 certified public architect,” nor may exceed the
professional scope prescribed by the State.

    Article 26  Housing buildings which will exceed state
regulations concerning span, span diameter, or height, shall be
designed by a certified public architect.

    Article 27  Any unit or individual who wishes to revise a
design drawing made by a certified public architect shall obtain
his consent, except in special circumstances in which consent is
unable to be obtained from the certified public architect.

    Article 28  Certified public architects shall carry out the
following duties:

    (1) To observe laws, regulations, and professional ethics,
and to protect public interests;

    (2) To assure the quality of architectural design, and to
sign his name on the design drawings for which he is responsible;

    (3) To preserve any secrets of units or individuals learned
during professional practice;

    (4) Not to accept simultaneous employment in two or more
architectural design units;

    (5) Not to allow others to perform professionally in the name
of himself.
Chapter V  Legal Responsibility

    Article 29  In cases where a person passed the qualification
examination for certified public architects or obtained a
certified public architect certificate by illegal means, the
National Administration Committee of Certified Public Architects
or the administration committees of certified public architects
of the various provinces, autonomous regions, and municipalities
directly under the central government shall cancel said
qualification or revoke said certificate. Disciplinary
sanctions shall be imposed on the chief persons directly
responsible and other persons bearing direct responsibility
according to laws and regulations.

    Article 30  Persons who, not having obtained registration,
illegally engage in the professional activities of a certified
public architect under the post_title of “certified public architect,”
shall have their illegal activities suspended, shall have any
illegal income confiscated, and may be subject to a fine of up to
five times the amount of illegal income, to be carried out by the
construction administration of the local people’s governments
at or above the county level; in addition, they shall be held
liable for compensation for any losses caused.

    Article 31  Certified public architects who violate these
Regulations by committing one of the following acts shall be
ordered by the construction administration of the local
people’s governments at or above the county level to suspend all
unlawful activity, shall have any illegal income confiscated,
and may be subject to a fine of up to five times the amount of
illegal income; if the circumstances are serious, the aforesaid
administration may suspend the architect’s professional activity,
or the National Administration Committee of Certified Public
Architects or the administration committees of certified public
architects of the various provinces, autonomous regions, and
municipalities directly under the central government may revoke
the certified public architect certificate:

    (1) Privately accepting work of a certified public architect
and collecting fees thereof;

    (2) Accepting simultaneously professional employment in two
or more architectural design units;

    (3) Violating the legal rights of other persons in
architectural design or other related professional activities;

    (4) Permitting others to carry out professional activities
in the name of himself; or

    (5) A Grade-2 certified public architect engages in
professional activities under the post_title of “Grade-1 certified
public architect,” or that are beyond the scope of service as
stipulated by the state.

    Article 32  In the event that a substandard architectural
design by a certified public architect results in a serious
accident or heavy losses, the architect directly responsible
shall have all professional activities suspended by the
construction administration of the local people’s government
at or above the county level; if the circumstances are serious,
the architect shall have the certified public architect
certificate revoked by the National Administration Committee of
Certified Public Architects or the administration committees of
certified public architects of the various provinces, autonomous
regions, and municipalities directly under the central
government.

    Article 33  Those who, in violation of the provisions of
these Regulations, have the design of a certified public
architect drawing revised without his consent shall be ordered
to make the necessary corrections by the construction
administration of the local people’s government at or above
the county level; in addition, such person(s) shall be held
liable for any losses caused.

    Article 34  Those whose violation of these Regulations
constitutes a crime shall be subject to investigation for
criminal responsibility in accordance with the law.
Chapter VI  Supplementary Provisions

    Article 35  The “architectural design unit” mentioned in
these Regulations refers to both the construction project design
units which specialize in architectural design, and other
construction project design units which engage in architectural
design.

    Article 36  The filing of applications by foreign nationals
for participation in the unified nationwide qualification
examination for certified public architects, and registration and
practice of the profession of certified public architect in China
shall be conducted by following the principle of reciprocity.

    Article 37  These Regulations shall go into effect as of the
date of promulgation.






CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL REGARDING FURTHER STRENGTHENING THE REORGANIZATION OF ARBITRATION INSTITUTIONS

Category  ARBITRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1995-05-26 Effective Date  1995-05-26  


Circular of the General Office of the State Council Regarding Further Strengthening the Reorganization of Arbitration Institutions



(May 26, 1995)

    In order to reorganize arbitration institutions independent
of administrative agencies in accordance with the Arbitration Law
of the People’s Republic of China (hereinafter referred to as the
Arbitration Law), the General Office of the State Council issued
the Circular on Making Good Arrangements for the Reorganziation of
Arbitration Institutions and the Establishment of the China
Arbitration Association (Issue No.99 [1994] by the General Office
of the State Council, hereinafter referred to as the Circular) on
November 13, 1994. Upon the issuance of the Circular the various
localities, departments and organizations concerned have placed
proper emphasis on the reorganization of arbitration institutions
and have conducted much detailed and solid work. At the same time
however, in view of the factual situation, it is still proving to
be a tough task to implement the Arbitration Law and the
requirements of the Circular. According to the provisions of the
Arbitration Law, the existing arbitration institutions
established by the departments of Industry and Commerce, Urban
Construction and Science and Technology, of the State Council,
the people’s governments of the provinces, autonomous regions, or
autonomous prefectures or of the people’s governments at the county
level will be terminated as of September 1, 1995, and those existing
arbitration institutions subject to an administrative department and
established in municipalities directly under the central government,
cities where the people’s government of the province or autonomous
region is located or other districted cities will also be
terminated as of September 1, 1996 at the latest. Therefore,
reorganization of arbitration institutions in accordance with
legal provisions is extremely urgent. In order to further improve
the reorganization of arbitration institutions, assure the
continuity of arbitration work, protect the lawful rights and
interests of the parties and safeguard the economic order, with
approval of leaders of the State Council, the following Circular
on relevant items is hereby issued:

    1. The various people’s governments of provinces or
autonomous regions shall place heavy stress on and strengthen
leadership for the reorganization of arbitration institutions
within their areas, and determine a governmental leader to be in
charge of the work. Close attention shall be paid to
investigating local existing arbitration institutions, raising of
a local working program to reorganize the arbitration
institutions before September 1, 1996 (according to the needs and
possibilities of each province or autonomous region, and on the
basis of analysis of the factual situation of the districted cities
where arbitration institutions can be established as described by
the Arbitration Law, make classifications and work out detailed
arrangements to reorganize the arbitration institutions by stages
and in batches) and being responsible for coordination, guidance
and implementation. The various provinces or autonomous regions
shall, on the basis of the provisions of the Arbitration Law and
the unified regulations to be promulgated soon by the State Council,
make an effort to reorganize the arbitration institutions in cities
where the people’s governments of the provinces or autonomous regions
are located and other districted cities listed in the plan as the
first group to reorganize arbitration institutions before
September 1, 1995. At the same time, attention shall be paid to the
reorganization of arbitration institutions in other districted cities
by stages and in batches. The Arbitration Law shall be propagated with
great effort and the concerned personnel shall receive training. The
detailed work shall be led by the Bureau(Office) of Legal Affairs
under the people’s governments of the provinces, autonomous regions
and concerned cities, and shall have the participation of relevant
departments and organizations, and shall cooperate under the
leadership of the people’s governments at the same level.

    2. The seven pilot cities of Beijing, Shanghai, Tianjin,
Guangzhou, Xi’an, Huhhot and Shenzhen determined in Issue
No.99 (1994) by the General Office of the State Council shall, on
the basis of the pilot work of previous periods, further improve
plans to reorganize arbitration institutions, pay close attention
to the implementation of preparatory work such as the organization
of arbitration commissions, appointment of the arbitrators,
establishment of the working bodies of the arbitration commissions
and selection of its personnel, financial resources and working
conditions, and assure the establishment of the arbitration
commissions before September 1, 1995.

    3. The joint work in handling cases between the existing
arbitration institutions and the new arbitration institutions
shall be conducted seriously to assure the fair, speedy and
efficient settlement of economic disputes, and the safeguarding
of the economic order. The existing arbitration institutions
shall, prior to their termination in accordance with legal
provisions, continue accepting arbitration applications and
rendering arbitral awards within 6 months after the termination
of the said arbitration institution in accordance with legal
provisions; the implementation of said arbitral awards will,
with agreement of the Supreme People’s Court, be notified
separately by means of the Supreme People’s Court.

    The various people’s governments of the provinces, autonomous
regions or municipalities directly under the central government
are requested to transmit this Circular up to the people’s
governments at the county level.






NEGOTIABLE INSTRUMENTS LAW OF THE PEOPLE’S REPUBLIC OF CHINA






e03631

the Standing Committee of the National People’s Congress

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

No.49

The Negotiable Instruments Law of the People’s Republic of China which has been adopted at the 13rd meeting of the Standing Committee
of the Eighth National People’s Congress on May 10, 1995 is promulgated now, and shall enter into force as of January 1, 1996.

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

May 10, 1995

Negotiable Instruments Law of the People’s Republic of China ContentsChapter I General Provisions

Chapter II Bills of Exchange

Section 1 Issue

Section 2 Endorsement

Section 3 Acceptance

Section 4 Guaranty

Section 5 Payment

Section 6 Right of Recourse

Chapter III Promissory Notes

Chapter IV Cheques

Chapter V The Applicable Laws Pertaining Negotiable Instruments in Cases Involving Foreign Elements

Chapter VI Legal Responsibility

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated for the purpose of standardizing actions concerning negotiable instruments, protecting the legal rights of
parties using negotiable instruments, maintaining economic order in society and promoting the development of the socialist market
economy.

Article 2

This Law applies to all transactions concerning negotiable instruments within the territory of the People’s Republic of China.

The term “negotiable instrument” as used in this Law denotes “bill of exchange”, “promissory note” and “cheque”.

Article 3

Activities concerning instruments shall abide by the laws and administrative regulations and shall not harm public interests.

Article 4

When creating an instrument, the issuing party shall endorse it according to statutory conditions and bear liability for the instrument
according to the items specified therein.

When exercising his rights with regard to an instrument, the bearer shall endorse the instrument and present it according to statutory
procedures.

Other debtors endorsing the instrument shall bear liability for the instrument according to the items specified therein.

The instrument right as referred to in this Law denotes the right of the bearer to claim the specified amount in payment from the
debtor including the right to claim for payment and the right of recourse.

Liability for negotiable instruments as referred to in this Law denotes the obligation of the debtor to pay the sum specified in the
instrument to the bearer.

Article 5

A party to an instrument may authorize an agent to endorse the instrument but must specify the principal-agent relationship on the
instrument.

A person without power of agency who endorses an instrument in the capacity of agent shall bear liability for the instrument; an agent
who goes beyond the limits of his power of agency shall undertake liability for the part of the instrument overstepping the limits
of his powers.

Article 6

The endorsement of an instrument by a person with no capacity for civil conduct or with limited capacity for civil conduct is invalid,
but this does not influence the validity of other endorsements of the instrument.

Article 7

The endorsement of an instrument shall be by signature, seal or both signature and seal.

The endorsement of an instrument by a legal person or other organization which makes use of instruments shall be the official seal
of the legal person or organization accompanied by the endorsement of its legal representative or its authorized agent.

The signature on an instrument must be the name of the party concerned.

Article 8

The sum of money on an instrument shall be specified in both Chinese characters and Arabic numerals; the two figures must be the same,
if the two figures are not the same, the instrument shall be null and void.

Article 9

Items specified in an instrument must conform to the provisions of this Law.

The sum, date and payee recorded in an instrument must not be altered. Instruments which have been altered are invalid.

Other items in an instrument may be altered by the person who originally wrote them, as proof alterations must be endorsed by the
aforementioned.

Article 10

The issue, acquisition and transfer of an instrument shall be made in good faith and shall constitute a real transaction and reflect
the credit-debit relationship.

An instrument can only be acquired in consideration of payment, the corresponding value of which must be agreed by the two parties
to the instrument.

Article 11

Acquisition of an instrument through taxation, inheritance or legacy which may be realized in accordance with law without payment,
shall not be subject to being in consideration of payment. However, the bearers’ rights on the instrument shall not exceed those
of prior parties.

Prior parties refers to other debtors of an instrument who endorsed it prior to its endorsement by a specific signatory or bearer.

Article 12

In cases where an instrument was acquired through fraudulence, theft or coercion, or in cases where the bearer acquired an instrument
through malice while he knew well that the aforementioned circumstances existed, the bearer shall not enjoy the instrument right.

In cases where the bearer through gross negligence acquires an instrument which does not comply with the provisions of this Law, then
the bearer shall not enjoy the instrument right.

Article 13

A debtor of an instrument shall not oppose the bearer on the basis of a dispute between the issuer and the debtor himself or between
the any prior parties to the bearer and the debtor himself. However the exception is in cases where the bearer acquired the instrument
with the foreknowledge that such opposition existed.

A debtor of an instrument may oppose a bearer who had a direct credit-debit relationship with him and did not perform the stipulated
obligation.

Opposition as referred to in this Law denotes the act whereby the debtor of an instrument refuses to carry out his obligations to
the creditor in accordance with the provisions of this Law.

Article 14

Items specified in an instrument must be genuine and cannot be forged or altered. Those who forge or alter the endorsement or other
items in an instrument shall bear legal responsibility.

Endorsements on an instrument which have been forged or altered shall have no impact on the other genuine endorsements thereon.

Where other items in the instrument have been altered, persons who endorsed the instrument before it was altered shall be liable for
the items originally specified in the instrument, persons who signed after it was altered shall be liable for the items specified
after the instrument was altered. In cases where it cannot be determined whether the instrument was endorsed before or after it was
altered, it shall be treated as an instrument which was endorsed before being altered.

Article 15

Where an instrument has been lost, the person who has lost the instrument may promptly notify the payer of the instrument to suspend
payment, except in cases where the payer is not specified in the instrument or when the payer or his agent cannot be identified.

The payer shall temporarily cancel payment when he receives notification of the loss of the instrument.

The person losing the instrument shall in accordance with the law apply to the people’s court for the publication of a public notice
asserting his claim or he can bring an action in the people’s court within three days of notifying the payee to suspend payment or
after the loss of the instrument.

Article 16

The procedure by which the bearer of the instrument exercises his rights or preserves his rights against the debtor shall be carried
out in the business premises of the party concerned during business hours or at their place of residence if no business premises
exist.

Article 17

Rights to an instrument shall cease to be valid if not exercised within the following time limits:

1.

The rights of the bearer of the instrument over the issuer and the acceptor of the instrument cease to be valid two years after the
date of maturity of the instrument. Bills or notes payable on sight become invalid two years after the date of issue;

2.

The rights of the bearer of a cheque over the issuer cease to be valid six months after the date of issue;

3.

The bearer’s right of recourse over prior parties ceases to be valid six months after the date of non-acceptance or non-payment;

4.

The bearer’s right of re-recourse over prior parties ceases to be valid three months after the date of settlement or the commencement
of a lawsuit.

The date of issue and the date of maturity of an instrument shall be set in accordance with the law by the parties to the instrument.

Article 18

A bearer who has lost his rights on instrument because of the expiration of his rights or because the items recorded in the instrument
are not comprehensive may still enjoy civil rights, and may request that the payer or the acceptor refunds the amount equivalent
to that part of the instrument not yet paid.

Chapter II Bills of Exchange

Section 1 Issue

Article 19

A bill of exchange is an instrument signed by the issuer, authorizing the payer to unconditionally pay a certain sum of money to the
payee or the bearer when the bill is presented or at a specified time.

Bills can be classified into bankers’ bills and commercial bills.

Article 20

Issue refers to the act of the issuer signing and issuing the instrument and delivering it to the payee.

Article 21

The issuer of the bill must have an authentic relationship with the payer authorizing payment and must possess reliable funds with
which to pay the sum in the bill.

Bills without consideration shall not be signed or issued to defraud money from banks or other parties of an instrument.

Article 22

A bill must specify the following items:

1.

The word “bill”;

2.

Authorization of unconditional payment;

3.

A fixed sum;

4.

The name of the payer;

5.

The name of the payee;

6.

The date of issue;

7.

The endorsement of the issuer.

A bill shall be null and void if any of the above-mentioned items are not specified therein.

Article 23

The date of payment, place of payment and place of issue, if specified on the bill, shall be legible and unambiguous.

A bill is payable on sight if the date of payment is not specified.

The place of payment, if not specified on a bill, shall be the business premises, domicile or habitual residence of the payer.

The place of issue, if not specified on a bill, shall be the business premises, domicile or habitual residence of the issuer.

Article 24

Items relating to the issue of a bill other than those stipulated by this Law may be specified on a bill, but such items shall have
no effect on the validity of the bill.

Article 25

The date of payment may be specified in either one of the following forms:

1.

Payable on sight;

2.

Payable on a fixed date;

3.

Payable during a fixed period after the date of issue;

4.

Payable during a fixed period after the date of receipt.

The date of payment as specified in the preceding paragraph shall be the date of maturity of the bill.

Article 26

The issuer who signs and issues the bill shall bear liability for its acceptance and payment.

In the event of non-acceptance or non-payment of the bill, the bearer shall be reimbursed the sum and expenses as stipulated in Articles
70 and 71 of this Law.

Section 2 Endorsement

Article 27

The bearer may transfer his rights to the bill to other persons or authorize other persons to exercise some of his rights to the bill.

When the issuer writes the term “non-transferable” on the bill, then it cannot be transferred.

The bearer must endorse and hand over the bill when exercising his rights as stipulated in the first paragraph of this article.

Endorsement refers to the act of putting relevant items in writing and endorsing the back of the bill or an allonge.

Article 28

The person endorsing the bill may use an allonge and attach it to the bill if there is not enough space in the bill for the items.

The first person to write on the allonge shall endorse the conjuncture of the bill and the allonge.

Article 29

An endorsement shall be signed by the person making it and the date of endorsement shall be specified.

An undated endorsement shall be deemed to have been added to the bill before its date of maturity.

Article 30

The name of the person endorsing the bill must be specified when the bill is endorsed so that the rights to the bill are transferred
or to authorize another person to exercise some of the rights to the bill.

Article 31

There shall be an uninterrupted series of endorsement in a bill which is transferred by means of endorsement. The bearer must prove
his rights to the bill by an uninterrupted series of endorsement; a person to whom a bill is transferred by means other than endorsement
or who acquires a bill by other legal means shall provide evidence in accordance with the law showing his rights to the bill.

“An uninterrupted series of endorsement” as referred to in the preceding paragraph denotes that, in the course of the transfer of
an instrument, the endorsement of the person endorsing the transfer of the bill shall be made by the immediate prior endorsee to
acquire the bill.

Article 32

When the bill is transferred by means of endorsement, the subsequent party shall be liable for the authenticity of the endorsement
made by the immediate prior party.

“The subsequent party” denotes other debtors of an instrument who endorse it after its endorsement by a specific party.

Article 33

No conditions can be attached to endorsements. Any conditions attached to endorsements shall have no effect on the bill.

Any endorsements purporting to transfer a part of the amount payable, or to transfer the bill to two or more people separately, shall
be null and void.

Article 34

When the endorser writes the term “non-transferable” on the bill and his subsequent party reendorses and transfers it, the original
endorser shall not bear any responsibility for any guarantees made to the subsequent party’s endorsee.

Article 35

Where an endorsement contains the word “by procuration”, the endorsee shall be enpost_titled to exercise mandated rights to the bill on
the endorser’s behalf. However, the endorsee shall not transfer the rights to the bill by means of re-endorsement.

A bill may be pledged; when the bill is pledged, the endorsement shall contain the term “value in pledge”. The endorsee may exercise
the rights to the bill when realizing the right of pledge according to law.

Article 36

A bill cannot be transferred by means of endorsement when acceptance or payment has been refused or when the time limit for presentation
in order to receive payment has expired, if the bill has been endorsed and transferred, the endorser shall bear liability for the
bill.

Article 37

After the bill has been endorsed and transferred, the endorser shall be liable for guaranteeing the acceptance and payment of the
bill held by the subsequent party. In cases of non-acceptance or non-payment of the bill, the endorser shall compensate the bearer
with the sum and expenses as stipulated in Articles 70 and 71 of this Law.

Section 3 Acceptance

Article 38

Acceptance denotes the act whereby payer of the bill promises to pay the sum of money in the bill at its maturity.

Article 39

Where a bill is payable on a fixed date or within a fixed period after the date of issue, the bearer shall present the bill to the
payer for acceptance before the bill’s date of maturity.

Presenting the bill for acceptance denotes the act whereby the bearer presents the bill to the payer and demands a promise of payment
from the payer.

Article 40

Where a bill is payable during a fixed period after presentation, the bearer shall present the bill to the payer for acceptance within
one month of the date of issue.

Where a bill has not been presented for acceptance within the prescribed period, the bearer shall lose the right of recourse against
prior parties.

Where a bill is payable on sight, it does not need to be presented for acceptance.

Article 41

The payer shall accept or refuse the bill within three days of receiving the bill as presented for acceptance.

On receiving of a bill presented for acceptance by the bearer, the payer shall make out a receipt to the bearer. The receipt shall
be signed and the date on which the bill was presented shall be written thereon.

Article 42

When accepting a bill, the payer shall write the word “accepted” and the date of acceptance on the front of the bill and sign it;
after seeing a bill which is payable during a fixed period, the date of payment shall be specified at the time of acceptance.

Where the date of acceptance is not specified on the bill, it shall be the last day of the period prescribed by the first paragraph
of the preceding article.

Article 43

When accepting a bill, the payer shall accept it unconditionally; if conditions have been added, this is deemed to be a refusal.

Article 44

When the payer has accepted the bill, he shall bear the liability of paying it at maturity.

Section 4 Guaranty

Article 45

The responsibility of guaranteeing the payment of a bill shall be borne by the guarantor.

The guarantor shall be someone other than the debtor of the bill.

Article 46

The guarantor must specify the following items on the bill itself or on an allonge:

1.

The word “guaranteed”;

2.

The name and address of the guarantor;

3.

The name of the person to whom the guaranty is given;

4.

The date of guaranty;

5.

The endorsement of the guarantor.

Article 47

When the guarantor has not specified Item 3 of the preceding article on the bill itself or on an allonge, in cases where the bill
has already been accepted, the person who accepted the bill is he to whom the guaranty is given; in cases where the bill has not
yet been accepted, the guaranty is given to the issuer.

When the guarantor has not specified Item 4 of the preceding article on the bill itself or on an allonge, the date of guaranty shall
be the date of issue.

Article 48

No conditions can be attached to the guaranty; if there should be any conditions attached, these will not affect the liability of
guaranty on the bill.

Article 49

The guarantor shall be responsible for guaranteeing the bearers’ rights to the bill when the bearer has acquired the bill legitimately.
This is with the exception of cases when the debt of the person receiving the guaranty is invalid because of the absence of certain
items from the bill.

Article 50

Where a bill is guaranteed, the guarantor and the person to whom the guaranty is given shall undertake joint liability to the bearer.
In cases where the guaranteed bill has not been paid at its maturity, the bearer is enpost_titled to demand payment from the guarantor,
who shall pay the bill in full.

Article 51

In cases where there are two or more guarantors, they shall undertake joint liability.

Article 52

After the guarantor has paid the debt as stipulated in the bill, the guarantor may exercise his right of recourse as enjoyed by the
bearer against the person to whom the guaranty is given and his prior parties.

Section 5 Payment

Article 53

The bearer shall present the bill for payment within the following time limits:

1.

A bill payable on sight should be presented to the payer within one month of the date of issue;

2.

A bill payable on a fixed date, within a fixed period after the date of issue or within a fixed period after being seen shall be presented
for acceptance within 10 days of the date of maturity.

In cases where the bearer has not presented the bill for payment within the prescribed period as stipulated in the preceding paragraph,
the person accepting the bill or the payer shall remain liable for the payment of the bill after the bearer has explained the situation.

Presentation for payment made to the payer by an authorized bank or clearing system for instruments shall be deemed as presentation
by the bearer.

Article 54

The payer must pay the bill in full on the day when the bearer presents the bill for payment in accordance with the provisions of
the preceding article.

Article 55

The bearer shall sign the bill and give it to the payer after receiving payment. In cases where the bearer authorizes a bank to receive
payment on his behalf, the bill may be deemed as having been signed for when the authorized bank has credited the collected sum to
the bearer’s account.

Article 56

The bank authorized by the bearer to receive payment shall be liable only for crediting the sum on the bill to the bearer’s account
according to the items specified in the bill.

The bank authorized by the payer to make payment shall be liable only for paying the sum on the bill from the payer’s account according
to the items specified in the bill.

Article 57

When paying a bill, the payer or his agent shall check the continuity of the series of endorsement, as well as checking the legitimacy
of the identification of the person presenting the bill, or the validity of that person’s certificates.

In cases where the payer or his agent make a payment out of malice or with gross negligence, they alone shall bear liability.

Article 58

In cases where the payer pays a bill before maturity which is payable on a fixed day or on sight within a fixed period, he alone shall
bear liability.

Article 59

When the sum on a bill is expressed in a foreign currency, the sum payable shall be paid in Renminbi according to the market rate
of exchange on the day of payment.

Where parties to a bill have stipulated the currency in which the bill is to be paid, the latter agreement shall be followed.

Article 60

Once the payer pays the bill in full, all debtors shall be discharged from liability.

Section 6 Right of Recourse

Article 61

When the payment of a bill has been refused at its date of maturity, the bearer may exercise the right of recourse against the endorsers,
the issuer and other debtors of the bill.

Before the maturity of a bill, the bearer may also exercise the right of recourse under any of the following circumstances:

1.

In cases when the payment of the bill has been refused;

2.

In cases when the acceptor or the payer dies or flees;

3.

In cases when the acceptor or the payer has been declared bankrupt according to the law or has been ordered to cease business activities
due to their violations of the law.

Article 62

When exercising the right of recourse, the bearer shall be able to provide proof that acceptance or payment was refused.

In cases when the bearer’s presentation of the bill for acceptance or payment has been refused, the acceptor or the payer must provide
proof of their refusal or a statement noting their reasons for non-payment or non-acceptance. Otherwise, the acceptor or the payer
shall bear the civil liabilities arising therefrom.

Article 63

In cases when the bearer is unable to obtain proof of refusal to accept or pay the bill because of the death or flight of the acceptor
or payer or other causes, the bearer may procure other relevant proof according to the law.

Article 64

In cases when the acceptor or the payer has been declared legally bankrupt by the people’s court, relevant judicial documents from
the people’s court shall be valid as proof of refusal to accept or pay the bill.

In cases when the acceptor or the payer has been ordered to cease business activities because of his violations of the law, the punitive
decision of the relevant administrative authorities shall be valid as proof of refusal to accept or pay the bill.

Article 65

When the bearer cannot provide proof of refusal to accept or pay the bill or a statement noting reasons for non-payment or any other
lawful proof within the prescribed period, he shall lose the right of recourse against his prior parties. However, the acceptor or
the payer shall still remain liable to the bearer.

Article 66

The bearer shall give written notice of the refusal to accept or pay to his prior party within three days of receiving relevant certification
denoting non-acceptance or non-payment; the prior party shall notify his prior party of the notice he has received within three days
of receiving the notice. The bearer may also provide written notice to all debtors of the bill at the same time.

In cases when the bearer has failed to provide written notice in accordance with the time specifications noted in the preceding paragraph,
the bearer may still exercise his right of recourse. Any party who fails to give notice within the prescribed period shall be liable
to compensate his prior parties or the issuer for the losses caused by his delayed notice, but the sum of the damages shall not exceed
the sum of the bill.

If the notice has been posted to the legal address or to an agreed address within the prescribed period, then the notice is deemed
to have been issued.

Article 67

The written notice, made out according to the first paragraph of the preceding article, shall specify the main items written on the
bill and shall clarify the fact that the said bill has been returned.

Article 68

The issuer, endorser, acceptor and guarantor of a bill are jointly liable to the bearer.

The bearer may exercise the right of recourse against any one or all of the persons mentioned in the preceding paragraph without being
required to observe the order in which the debtors have become bound.

The bearer who has exercised the right of recourse against one or more of the debtors of the bill, may still exercise these rights
against the other debtors. When a person who is being pressed for payment compensates the debt, they shall enjoy the same rights
as the bearer.

Article 69

In cases when the bearer is the issuer, he shall have no right of recourse against the bearer’s prior parties. In cases when the bearer
is the endorser, he shall have no right of recourse against the endorser’s subsequent parties.

Article 70

When exercising the right of recourse, the bearer may recover the following expenses from the person against whom he is exercising
the right of recourse:

1.

The amount of the unpaid bill;

2.

Interest on this sum at the rate stipulated by the People’s Bank of China from the date of maturity of the bill or the date upon which
it was presented for payment to the date of payment;

3.

The expenses for the relevant proof of non-payment or non-acceptance and the expenses incurred by issuing notices.

When the person against whom the right of recourse is exercised has settled the debt, the bearer shall hand over the bill and the
relevant proof of non-payment or non-acceptance, as well as a receipt detailing the expenses and interest received.

Article 71

When the person against whom the right of recourse is exercised has settled the debt in accordance with the provisions of the preceding
article, he may exercise the right of re-recourse against the other debtors and recover the following expenses;

1.

The entire sum paid;

2.

Interest on the said sum at the rate prescribed by the People’s Bank of China from the day when the payment was made to the day of
reimbursement;

3.

The expenses incurred by issuing notices.

When the person exercising the right of re-recourse has been reimbursed, he shall hand over the bill and the relevant proof of non-payment
or non-acceptance as well as a receipt detailing the expenses and interest received.

Article 72

When a person against whom the right of recourse is being exercised has settled the debt according to the stipulations of the two
preceding articles, he shall be discharged from any liabilities.

Chapter III Promissory Notes

Article 73

A promissory note is an instrument issued and signed by the issuer promising to unconditionally pay the payee or bearer a set sum
of money when the note is presented.

A promissory note as referred to in this Law denotes a banker’s promissory note.

Article 74

The issuer of a note must possess reliable financial sources to pay the sum of money in the note and to guarantee payment.

Article 75

The credentials of the note’s issuer shall be examined and approved by the People’s Bank of China, who shall also stipulate specific
administrative measures therefor.

Article 76

A note must specify the following items:

1.

The word “promissory note”;

2.

A promise of unconditional payment;

3.

A set sum;

4.

The name of the payee;

5.

The date of issue;

6.

The endorsement of the issuer.

A note shall be null and void if any one of the above-mentioned items is not specified therein.

Article 77

The place of payment and place of issue, if specified on the note, shall be legible and unambiguous.

The place of payment, if not specified on the note, shall be the business premises of the issuer.

The place of issue, if not specified on the note, shall be the business premises of the issuer.

Article 78

The issuer of a note must bear liability for payment when the bearer presents the note.

Article 79

The time limit for the payment of a note shall not exceed two months from the date of issue.

Article 80

In cases when the bearer of a note fails to present the note for payment within the prescribed period, he shall lose the right of
recourse against prior parties other than the issuer.

Article 81

In addition to the provisions of this chapter, the provisions of Chapter II of this Law pertaining to bills apply to the endorsement,
guaranty and payment of notes and the exercise of the right of recourse.

In addition to the provisions of this chapter, the provisions of Article 24 of this Law pertaining to bills apply to the act of issuing
notes.

Chapter IV Cheques

Article 82

A cheque is an instrument issued and signed by the issuer authorizing any bank or any other financial institution whose scope of business
involves depositing cheques to unconditionally pay a certain sum of money to the payee or to the bearer at sight.

Article 83

When opening an account in which cheques can be deposited with a bank, the applicant must use his real name and must submit legitimate
certification to prove his identity.

When opening an account in which cheques can be deposited with a bank and asking for a cheque book, the applicant must enjoy financial
credibility and must deposit a certain amount of funds therein.

When opening an account in which cheques can be deposited with a bank, the applicant shall leave a specimen si

OFFICIAL REPLY OF THE STATE COUNCIL CONCERNING PAPERS FURNISHED AS ATTACHMENTS TO APPLICATIONS FOR TRADEMARK REGISTRATION (ATTACHED WITH THE THIRD REVISION OF THE RULES FOR THE IMPLEMENTATION OF THE TRADEMARK LAW )

Category  INTELLECTUAL PROPERTY RIGHT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1995-04-23 Effective Date  1995-05-15  


Official Reply of the State Council Concerning Papers Furnished As Attachments to Applications for Trademark Registration (Attached
With the Third Revision of the Rules for the Implementation of the Trademark Law of the People’s Republic of China)


Appendix: RULES FOR THE IMPLEMENTATION OF THE TRADEMARK LAW OF THE
Chapter I  General Provisions
Chapter II  Applications for Trademark Registration
Chapter III  Examination of Trademark Registration
Chapter IV  Modification, Assignment, Renewal and
Chapter V  Administration of the Use of Trademarks
Chapter VI  Protection of Exclusive Rights to Use a Registered Trademark
Chapter VII  Supplementary Provisions

(April 23, 1995)

    The State Administration for Industry and Commerce:

    We are in receipt of your Report for Instruction Concerning Papers
Furnished as Attachments to Applications for Trademark Registration. The
State Council approves the proposal that the original Certificate of
Trademark Registration be no longer required when an application for
modification, assignment or renewal concerning a registered trademark
is submitted. For that problem involves the revision of the Rules for
the Implementation of the Trademark Law of the People’s Republic of China
(hereinafter referred to as the Rules for the Implementation of the
Trademark Law), the official reply is hereby given as follows:

    1. The first paragraph, Article 20 of the Rules for the Implementation
of the Trademark Law shall be revised as: “When applying for modification of
name, applicants shall submit an Application for Modification of the Name of
Trademark Registrant and verification of the modification to the Trademark
Office. Following examination and approval, the Trademark Office shall
issue a relevant certificate to the applicant, and publish said
modifications.” The second paragraph shall be revised as: “When applying for
modifications of address or other relevant matters related to a trademark
registration, applicants shall submit an Application for Modification of the
Address of the Trademark Registrant or an Application for Modification of
Other Matters Related to a Registered Trademark, as well as verification
of modifications to the Trademark Office. Following examination and approval,
the Trademark Office shall issue a relevant certificate to the applicant, and
publish said modifications.”

    2. The first paragraph, Article 21 of the Rules for the Implementation
of the Trademark Law shall be revised as: “When applying for the assignment
of registered trademarks, assignors and assignees shall jointly submit an
Application for the Assignment of Registered Trademark to the Trademark
Office. The assignee shall complete application formalities required for
applying for assignment of a registered trademark. The assignee shall fulfill
all qualifications outlined in Article 2 of these Rules. Upon approving the
assignment of trademark, the Trademark Office shall issue a relevant
certificate to the assignee, and publish notification of the assignment.

    3. The first paragraph, Article 22 of the Rules for the Implementation of
the Trademark Law shall be revised as: “When applying for renewal of a
trademark registration, the registrant shall submit an Application for Renewal
of Trademark Registration to the Trademark Office, accompanied by five
prototypes of the trademark. Following examination and approval of the
renewal, the Trademark Office shall issue a relevant certificate to the
registrant, and publish notification of the renewal. the Trademark Office
shall reject any renewal applications which contravene relevant provisions
of the Trademark Law.

    4. Article 20 and 21, as revised, of the Rules for the Implementation
of the Trademark Law shall become effective on the date of May 15, 1995.

    5. Article 22, as revised, of the Rules for the Implementation of the
Trademark Law shall become effective on November 1, 1998. However, with
respect to a registered trademark whose period of validity expires before
November 1, 1998 and whose extension period expires before April 30, 1998,
applications for renewal filed within the extension period shall be handled
in accordance with the original provisions of this Article as not revised.

    Clauses 1, 2 and 4 of this official reply shall be promulgated by the
State Administration for Industry and Commerce before May 15, 1995. Clauses 3
and 5 shall be promulgated by the State Administration for Industry and
Commerce before November 1, 1998.

Appendix: RULES FOR THE IMPLEMENTATION OF THE TRADEMARK LAW OF THE
PEOPLE’S REPUBLIC OF CHINA (Successively amended with the approval of the
Sate Council on January 3, 1988, July 15, 1993 and April 23, 1995, and
promulgated by Decree No.31 of the State Administration for Industry and
Commerce on May 12, 1995)
Chapter I  General Provisions

    Article 1  These Rules are formulated in accordance with the
provisions of Article 42 of the Trademark Law of the People’s Republic of
China (hereinafter referred to as the Trademark Law).

    Article 2  Applicants for trademark registration must be enterprises,
institutions, social organizations, self-employed industrialists or
businessmen, individual partnerships established in accordance with the law,
foreigners or foreign enterprises referred to in Article 9 of the Trademark
Law.

    Provisions in the Rules concerning trademarks for goods shall also apply
to service trademarks.

    Article 3  When applying for initial registration, assignments, renewals,
name or address changes, replacement of the certificate of trademark
registration or other related matters, the applicant may either entrust the
process to a trademark agency approved by the State Administration for
Industry and Commerce, or otherwise personally handle the matter.

    When foreigners or foreign enterprises apply for trademark registration
in China, or when dealing with related trademark matters, all applications or
other related items shall be completed by an agency designated by the State
Administration for Industry and Commerce.

    Applications filed for international registration shall be submitted in
accordance with the “Madrid Agreement Concerning the International
Registration of Marks”.

    Article 4  Fees shall be paid in accordance with relevant stipulations for
applications, assignment, renewal, alterations, replacement of certificates
and examination of trademark registration, and related matters.

    Article 5  The Trademark Office of the State Administration for Industry
and Commerce (hereinafter referred to as the Trademark Office) shall establish
and maintain a Trademark Register which records registered trademarks and
relevant registration matters.

    The Trademark Office shall edit and issue the Trademark Gazette, which
announces trademark registrations and related matters.

    Article 6  In accordance with Article 3 of the Trademark Law, all
collective and certification marks approved and registered with the Trademark
Office shall be protected by law.

    Procedures for the registration and administration of collective and
certification marks shall be separately outlined by the State Administration
for Industry and Commerce, in conjunction with related departments of the
State Council.

    Article 7  All pharmaceuticals for human consumption and tobacco products
listed by the State and published by the State Administration for Industry and
Commerce shall obtain a registered trademark.

    Other goods required to obtain a registered trademark in accordance with
the stipulations of the State shall be published by the State Administration
for Industry and Commerce.

    Article 8  The State Administration for Industry and Commerce shall
establish a Trademark Review and Adjudication Board responsible for final
decisions and adjudications on matters submitted for examination in
accordance with provisions of the Trademark Law and these Rules.
Chapter II  Applications for Trademark Registration

    Article 9  When applying for registration of a trademark, applicants shall
file the application with respect to each class of goods as outlined in the
published Classification of Goods. Each trademark registration application
submitted to the Trademark Office must be accompanied by an Application
for Trademark Registration, 10 prototypes of the requested trademark
(prototypes of colored trademarks must be submitted in the exact color), and
one black and white copy of the design blueprint.

    Prototypes of the trademark must be clearly discernible adhesive images
printed on durable paper with a smooth finish, or otherwise be a photograph.
The length or width shall be between 5 to 10 centimeters.

    Article 10  Application forms for trademark registration and related
papers shall be completed in pen and ink, writing brush and ink, or typed.
All information must be clearly written or typed.

    The name, stamp or seal of the applicant applying for trademark
registration shall be the same as that approved or registered. The subject
item shall not go beyond the approved or registered scope of business. The
designation of items shall be filed in accordance with the table for the
classification of goods. A description must be attached for items not listed
in the aforementioned table.

    Article 11  Applications for trademark registration of pharmaceuticals for
human consumption must bear an attached certificate issued by the
administrative department for public health.

    Applications for trademark registration of cigarettes, cigars or packed
cut tobacco must bear attached papers indicating certified production approval
by competent State authorities responsible for tobacco products.

    Applications for trademark registration of other goods which require a
registered trademark in accordance with the stipulations shall bear attached
papers certifying the approval of relevant competent departments.

    Article 12  The date of application for registration of a trademark shall
be the date the Trademark Office receives the application form and related
papers. Where the applicant has completed all required application
procedures and has completed the application form and related papers in
accordance with relevant stipulations, the Trademark Office shall assign the
application a file number and issue a Notification of Acceptance. However,
should the applicant fail to properly complete necessary procedures or in some
way fail to complete the application form and related papers in accordance
with relevant stipulations, the application form shall be returned to the
applicant, and no date of application shall be reserved.

    Where application procedures are basically complete or the
application form and the related papers are basically in conformity with the
relevant stipulations, but there is a need for the applicant to provide
necessary supplementary information or make corrections thereto, the Trademark
Office shall notify the applicant to submit said information or make said
changes and will require the latter to resubmit the supplementary or corrected
application to the Trademark Office within fifteen days of receipt of the
notification. The filing date shall be reserved if requested supplementary
information of or corrected application is resubmitted to the Trademark
Office within the specified time limit. However, in case of failure to submit
requested supplementary information or corrected application by the expiration
of the specified period or thereafter, the application form shall be returned
to the applicant, and no date of application shall be reserved.

    Article 13  Where two or more applicants apply for registration of an
identical or a similar trademark for the same or similar items on the same
day, they shall within 30 days after receiving notification from the Trademark
Office furnish requested proof of the dates on which they began using their
respective trademarks. Where the use of the trademark began on the same
date, or in other cases when a trademark is not yet in use, applicants shall
be required to settle the matter through consultations, and further to submit
their written agreement to the Trademark Office within 30 days. If no
agreement can be reached within said 30 day period, the applicants in
question shall draw lots to determine trademark rights. The Trademark Office
shall either preside over the process, or shall otherwise adjudicate the
matter.

    Article 14  Applicants for trademarks shall submit a Power of Attorney
authorizing a trademark agency to file required applications for the
registration of trademarks, or for all other matters arising concerning said
trademarks. The Power of Attorney shall indicate content and competent
authorization. In addition, in cases when the applicant is a foreigner or
foreign enterprise, the Power of Attorney shall clearly indicate the
nationality of the party granting authorization.

    Foreigners or foreign enterprises shall use the Chinese language when
applying for trademark registration or when handling related trademark
matters. Notarization and authentication procedures for Powers of Attorney
and relevant certificates shall be completed in accordance with the principle
of reciprocity. Chinese translations shall be attached to the completed
application form and all related papers submitted in a foreign language.

    Article 15  The Trademark Office maintains the option to review claims for
priority in all applications for trademark registration. Specific procedures
shall be followed as prescribed and promulgated by the State Administration
for Industry and Commerce.
Chapter III  Examination of Trademark Registration

    Article 16  The Trademark Office shall, in accordance with the Trademark
Law, examine all applications accepted. Following the prescribed examination,
distinctive trademarks which are in conformity with relevant provisions of
the Trademark Law, shall receive preliminary approval from the Trademark
Office and published in the Trademark Gazette. The Trademark Office shall
send a Notification of Rejection to all applicants submitting rejected
applications.

    In cases where requests for modifications to applications for trademark
are deemed incomplete, the Trademark Office shall send an Examination Advice
form to the applicant and require the latter make necessary modifications
within fifteen days of receipt of said notification. If applicants fail to
submit requested modifications by the expiration date of the specified period,
or modifications are submitted at a date beyond the time limit, or modified
applications still fail to conform with the relevant provisions of the
Trademark Law, the Trademark Office shall reject the application and send a
Notification of Rejection to the applicant.

    Article 17  When applying for review of rejected trademarks, applicants
shall, within fifteen days of receipt of the notification of rejection, submit
an Application for Review of a Rejected Trademark to the Trademark Review and
Adjudication Board. The review application must be accompanied by the original
Application for Trademark Registration, ten prototypes of the original
trademark, one black and white copy of the design and the Notification of
Rejection.

    The Trademark Review and Adjudication Board shall render a final decision
and notify the applicant with a written reply. Thereafter, trademarks
receiving preliminary approval shall be transferred to the Trademark Office
for processing.

    Article 18  Parties contesting a trademark (hereinafter referred to as
Party B) which, after examination, has received preliminary approval and has
been published in the Trademark Gazette, shall submit two copies of the
Application for Trademark Opposition to the Trademark Office. The Application
for Trademark Opposition shall indicate both the page number and the issue
number of the Trademark Gazette in which the contested trademark was
published, as well as the number of the preliminary approval. The Trademark
Office shall send one copy of the Application for Trademark Opposition to
the contested party (hereinafter referred to as Party A), requesting a
rebuttal within thirty days of receipt of the notification. An adjudication
will then be made on the basis of facts and relevant information submitted by
the opposing parties. In the absence of a response from Party A by the
expiration date of the specified period, the Trademark Office shall render an
adjudication thereon and notify interested parties of the decision.

    Announcements of registered trademarks published in the Trademark Gazette
prior to final adjudication and entry of force of contested trademarks shall
be null and void.

    Article 19  Interested parties dissatisfied with the adjudication of the
Trademark Office concerning contested trademarks may, within fifteen days of
receipt of the notification of adjudication, apply for review by submitting
two copies of Application for Review of a Contested Trademark to the Trademark
Review and Adjudication Board.

    The Trademark Review and Adjudication Board shall make a final
adjudication, provide interested parties with written notification and
transfer the case to the Trademark Office for relevant processing.

    In cases when an opposition to the issuance of a trademark is considered
inappropriate, the Trademark Office shall, after the entry into force of the
adjudication concerning a contested trademark, approve the registration of
the trademark involved therein.
Chapter IV  Modification, Assignment, Renewal and
Adjudication of Disputes Involving Registered Trademarks

    Article 20  When applying for modification of name, applicants shall
submit an Application for Modification of the Name of Trademark Registrant
and verification of the modification to the Trademark Office. Following
examination and approval, the Trademark Office shall issue a relevant
certificate to the applicant, and publish said modifications.

    When applying for modifications of address or other relevant matters
related to trademark registration, applicants shall submit an Application for
Modification of the Address of the Trademark Registrant or an Application for
Modification of Other Matters Related to a Registered Trademark, as well as
verification of modifications to the Trademark Office. Following examination
and approval, the Trademark Office shall issue a relevant certificate to the
applicant, and publish said modifications.

    When applying for modifications of names or addresses, registrants shall
follow the same modification procedures in respect to all registered
trademarks.

    Article 21  When applying for the assignment of registered trademarks,
assignors and assignees shall jointly submit an Application for the Assignment
of Registered Trademark to the Trademark Office. The assignee shall complete
application formalities required for applying for assignment of a registered
trademark. The assignee shall fulfill all qualifications outlined in Article 2
of these Rules. Upon approving the assignment of trademark, the Trademark
Office shall issue a relevant certificate to the assignee, and publish
notification of the assignment.

    When applying for the assignment of a registered trademark, the
registrant shall simultaneously complete the same assignment procedure in
respect to all identical trademarks, which are either identical with or
similar to said registered trademark with respect to both the same or
similar goods. When a registered trademark is assigned in respect to such
goods as outlined in Article 7 of these Rules, the assignee shall, in
accordance with the provisions of Article 11 of these Rules, furnish the
Trademark Office with a certificate issued by the competent department
concerned.

    Where an application for the assignment of a registered trademark
might in any way mislead the public, create confusion or engender any other
type of inappropriate influence, the Trademark Office shall reject approval
thereof.

    Article 22  When applying for renewal of a trademark registration, the
registrant shall submit an Application for Renewal of Trademark Registration
to the Trademark Office, accompanied by five prototypes of the trademark.
Following examination and approval of the renewal, the Trademark Office shall
issue a relevant certificate to the applicant, and publish notification of
the renewal. The Trademark Office shall reject any renewal applications which
contravene relevant provisions of the Trademark Law.

    The period of validity of a renewed trademark registration shall be
calculated from the day following the expiration of the previous period of
validity of said trademark.

    Article 23  Applicant dissatisfied with the decision of the Trademark
Office to reject an application for assignment or renewal may, within fifteen
days of receipt of the notification of rejection, apply for review by
submitting an Application for Review of a Rejected Assignment or an
Application for Review of a Rejected Renewal, to the Trademark Review and
Adjudication Board. Applications should be accompanied by the original
Application for Assignment of Registered Trademark or Application for Renewal
of Trademark Registration, and the relevant Notification of Rejection.

    The Trademark Review and Adjudication Board shall render a final decision
and notify the applicant of the same in writing. Board approvals of the
assignment or renewal shall be transferred to the Trademark office for
corresponding processing.

    Article 24  Trademark registrants wishing to dispute the registered
trademark of a second party shall, within one year from the date of
announcement of the registered trademark of the latter in the Trademark
Gazette, submit two copies of the an Application for Adjudication of a
Disputed Trademark to the Trademark Review and Adjudication Board.

    Upon making a final adjudication of whether to maintain or cancel the
disputed registered trademark, the Trademark Review and Adjudication Board
shall notify interested parties of the decision in writing, and shall transfer
the case to the Trademark Office for corresponding processing. If the grounds
for cancellation involve only certain registered components, trademark
registration for components involved therein shall be cancelled. If
adjudication results in cancellation, the proprietor of the disputed trademark
shall, within fifteen days of receipt of the notification of adjudication,
return the original Certificate of Trademark Registration to the Trademark
Office.

    Article 25  Paragraph 1, Article 27 of the Trademark Law outlines the
following fraudulent or unfair acts committed in the acquisition of a
trademark registration:

    (1) Fabricating, withholding the truth or forging an application and
related registration documents;

    (2) Violating the principles of honesty and full faith and credit to
reproduce, counterfeit or translate the well-known trademark of another party
in the registration;

    (3) Acquiring a trademark registration in the name of the trademark agent,
but without the authorization of the trademark proprietor who has entrusted
the registering party;

    (4) Infringing on any prior legal right of another party in the
registration; and

    (5) Using any other unfair means to acquire a registration.

    In accordance with Paragraph 1, Article 27 of the Trademark Law, trademark
registrants dissatisfied with the decision of the Trademark Office to cancel a
trademark registration may, within fifteen days of receipt of the notification
of the decision, apply for review by submitting an Application for Review of
the Cancellation of an Improperly Registered Trademark to the Trademark
Review and Adjudication Board. The Trademark Review and Adjudication Board
shall render a final decision thereon, notify the applicant in writing and
transfer the case to the Trademark Office for the corresponding processing.

    Any organization or individual claiming that a trademark has been
improperly registered may apply for adjudication by submitting two copies of
an original Application for the Cancellation of Improperly Registered
Trademark to the Trademark Review and Adjudication Board. The Trademark
Review and Adjudication Board shall render a final adjudication thereon,
notify interested parties of the decision in writing, and transfer the case
to the Trademark Office for the corresponding processing.

    The Trademark Office shall publish notification of the cancellation of
improperly registered trademarks. The trademark registrant in question shall,
within fifteen days of receipt of the notification of the decision or
adjudication, return the original Certificate of Trademark Registration to
the Trademark Office.

    Where a registered trademark is cancelled in accordance with
Paragraph 1 and Paragraph 2, Article 27, of the Trademark Law, exclusive use
rights shall be deemed invalid from the registered date. In cases when
registered trademarks have been cancelled in accordance with a decision or
adjudication, there shall be no recourse concerning any such judgement or
orders concerning trademarks involving infringement cases adjudicated and
enforced by people’s courts, or for any such decisions rendered and enforced
by the administrative authority for industry and commerce, as well as any such
trademark assignments or trademark licensing contracts in place prior to said
cancellation. However, compensation shall be paid should the bad faith actions
of a trademark registrant result in damages to any other party.
Chapter V  Administration of the Use of Trademarks

    Article 26  Registered trademarks in use shall carry the indication of
” ” (registered trademark – the editor) or the registration sign of
( ) (registered – the editor) or (R). Where it is inconvenient for a
commodity to bear such indications or signs, accompanying packaging or
description and other attachments shall be so marked.

    Article 27  Where a Certificate of Trademark Registration is lost
or damaged, the trademark registrant must apply for reissuance thereof. The
trademark registrant shall submit an Application for Reissuance of a
Certificate of Trademark Registration to the Trademark Office, accompanied by
five prototypes of the registered trademark. When a Certificate of Trademark
Registration is lost, the trademark registrant shall publish the loss thereof
in the Trademark Gazette. A damaged Certificate of Trademark Registration
shall be returned to the Trademark Office.

    Where any person commits any act of forging or altering a
Certificate of Trademark Registration, the local administrative authority for
industry and commerce shall, in accordance with the seriousness of the case,
impose a fine not exceeding 20,000 RMB Yuan, and shall seize all copies of
the forged or altered Certificate of Trademark Registration.

    Article 28  Where a person is found to have committed any act
referred to in Items (1), (2) and (3) of Article 30 of the Trademark Law, the
administrative authority for industry and commerce shall order the trademark
registrant to rectify the situation within a specified period. If the
registrant refuses to undertake rectification, the administrative authority
for industry and commerce in the relevant location shall submit the case to
the Trademark Office for cancellation of the registered trademark.

    Article 29  Where any person has committed acts referred to in
Item (4) of Article 30 of the Trademark Law, any other interested party may
apply to the Trademark Office for cancellation of the registered trademark in

CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE ISSUE CONCERNING HOW ENTERPRISES WITH FOREIGN INVESTMENT WHICH CONCURRENTLY ENGAGE IN PRODUCTIVE AND NON-PRODUCTIVE BUSINESS ENJOY PREFERENTIAL TAX TREATMENT

The State Administration of Taxation

Circular of the State Administration of Taxation on the Issue Concerning How Enterprises with Foreign Investment which Concurrently
Engage in Productive and Non-productive Business Enjoy Preferential Tax Treatment

GuoShuiFa [1994] No.209

September 19, 1994

The state tax bureaus of various provinces, autonomous regions and municipalities directly under Central Government, the state tax
bureaus of various municipalities separately listed on the State plan, and various sub-bureaus of Offshore Oil Tax Administration:

In line with the related stipulations of the Income Tax Law of the People’s Republic of China on Enterprise with Foreign Investment
and Foreign Enterprises and the Rules for Its Implementation (hereinafter referred to as the Tax Law and Rules), we hereby notify
you of the following question concerning applicable preferential tax treatment to enterprise with foreign investment which engage
concurrently in productive and non-productive business (hereinafter referred to as enterprise with foreign investment engaging in
concurrent operations):

I.

If no productive business is included in the business scope prescribed in their business license, no enterprise with foreign investment
shall enjoy related preferential tax policies as granted to productive enterprises, no matter how large is the proportion of the
productive business is in their actual business activities.

II.

If the business scope prescribed in the business license of an enterprise with foreign investment covers both productive and non-
productive business, or if the business scope prescribed in the business license covers only productive business, but the enterprise
actually engages in non-productive business, the applicable preferential tax policy can be determined in accordance with the following
methods:

(1)

Within the period of tax reduction and exemption calculated from the profit-making year of an enterprise as specified in Article 8
of the Tax Law, an enterprise with foreign investment engaging in concurrent operations may, in the year when the enterprise’s productive
business income exceeds 50 percent of all its business income, file an application which, after being examined and approved by the
competent tax authorities, enjoy appropriate treatment of tax reduction and exemption in the year’ but if its productive business
income does not exceed 50 percent of all its business income in the year, the enterprise shall not enjoy the appropriate preferential
treatment of tax exemption and reduction in that year.

(2)

An enterprise with foreign investment engaging in concurrent operations which is set up in the area where tax is levied at a reduced
tax rate as specified in Article 7 of the Tax Law and by the State Council shall begin to enjoy related preferential treatment of
taxation at a reduced rate from the year when its productive business income exceeds for the first time 50 percent of all its business
income.

This Circular shall enter into force as of January 1, 1994.

 
The State Administration of Taxation
1994-09-19

 




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...