MEASURES OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OVER IMPORT AND EXPORT GOODS OF THE DEVELOPMENT ZONES OF THE STATE HIGH/NEW TECHNOLOGICAL INDUSTRIES

The General Administration of Customs

Decree of the General Administration of Customs

No.26

Measures of Customs of the People’s Republic of China on Administration of Import and Export Goods of the Development Zones of High/new
Technological Industries of the Country are hereby promulgated and shall come into force as of October 1,1991.

Officer of the General Administration of Customs: Dai Jie

September 2, 1991

Measures of Customs of the People’s Republic of China for the Administration over Import and Export Goods of the Development Zones
of the State High/new Technological Industries

Article 1

With a view to promoting the construction and development of the Development Zones of High/new Technological Industries, these Measures
are formulated in accordance with the Customs Law of the People’s Republic of China and related policies and regulations of the state
concerning the Development Zones of High/new Technological Industries.

Article 2

These Measures shall be applicable to the high/new technological enterprises (hereinafter referred to as the enterprises) in the Development
Zones of High/new Technological Industries (hereinafter referred to as the Development Zones) approved by the government.

Article 3

Before the importation of the goods, and enterprise shall go through the registration formalities to the Customs with the following
documents:

certificate of the high/new technological enterprise issued by the verifying department appointed by the science and technology committee
of the province, autonomous region or municipality directly under the Central Government;

approval document of the competent department of foreign economic relations and trade shall be needed for an enterprise having foreign
trade right while a registering at the Customs;

business licence issued by the industrial and commercial administration;

other related documents of the enterprise.

Article 4

Raw materials, materials, components and spare parts imported for the production of the export goods shall be exempted from import
licences, and shall be released by the Customs against the export contracts and approval documents of the verifying department of
the Development Zones and be subject to the import and export procedures of inward processing. Enterprises having conditions of establishing
bonded factories and bonded warehouses shall be supervised according to relevant provisions after the Customs approval.

Article 5

Instruments and equipments which are unable to be produced domestically and are used for developing high/new technology in the Development
Zones shall be exempted from import duties, product taxes (VAT) or industrial and commercial consolidated taxes. The Customs shall
deal with the duty-exemption procedures after verifying the approval documents of the competent departments in the Development Zones.
Spare parts accompanied in the importation of the instruments and equipments shall be dealt with in accordance with the above provisions.
The above- mentioned goods which are subject to import licence control shall also be provided with import licences.

Article 6

High technical products, samples for dissembling and testing imported by the enterprises shall be released free of duty by the Customs
against the approval documents of the verifying department. These samples and sampling machines shall not be transferred for other
usage or for sale.

Article 7

While applying for duty-exemption, and enterprise shall fill in the application forms for duty-exemption in triplicate and submit
to the Customs together with the copy of import contract. After the examination of the forms, the Customs shall stamp the duty-exemption
stamp on the forms and kept one copy for record, give one copy to the owner of the goods and post one copy to the Customs establishment
at the place of importation of the goods to fulfill the import duty-exemption procedures.

Article 8

Products produced by enterprises their own shall be exempted from export duties, except those subject to the state export restriction
or otherwise provided. Export products from places outside the Development Zones or exported on behalf of others outside the Zones,
for which the substantial processing of value added less than 20%, shall also be subject to duty-payment according to the regulations.

Article 9

Instruments and equipments imported by an enterprise with duty-exemption shall be used only for that enterprise, and shall not be
transported out of the Development Zones, nor be transferred, sold, rented, taken for other uses without the Customs authorization
and the Customs procedures fulfilled.

Article 10

Bonded goods mentioned in Article 4 of these Measures transferred for home usage shall be approved by the former verifying department
and with the Customs permit, and shall also be subject to the import licence control shall be provided with import licence to the
Customs.

Article 11

Enterprises in the Development Zones enjoying import and export preferential treatment shall set up special account books for goods
enjoying duty-exemption and duty-reduction. The Customs shall be enpost_titled to examine and read the account books and relevant documents.

Article 12

Import and export goods entering or leaving the Customs territories at places other than the Development Zones shall be dealt with
as transit goods according to the related measures.

Article 13

Measures of the People’s Republic of China on the Collection of Customs Supervising Fees on Import Goods Granted with Duty Reduction
or Exemption and Bonded Goods shall also be applicable to the goods granted with duty reduction or exemption and bonded goods in
the Development Zones.

Article 14

Development Zones located in the Special Economic Zones, Opening Coastal Cities and Economic and Technological Development Zones shall
also enjoy the preferential policies of the special areas besides these Measures. Enterprises with foreign investment in the Development
Zones shall also be dealt with in accordance with the relevant provisions of enterprises with foreign investment besides these Measures.

Article 15

Activities in violation of these Measures shall be dealt with in accordance with the Customs Law of the People’s Republic of china
and other related provisions.

Article 16

These Measures shall be explained by the General Administration of Customs.

Article 17

These Measures shall enter into force as of October 1, 1991.

The General Administration of Customs
1991-09-02

RAILWAY LAW

Railway Law of the People’s Republic of China

CHAPTER I GENERAL PROVISIONS

CHAPTER II RAILWAY TRANSPORT BUSINESS

CHAPTER III RAILWAY CONSTRUCTION

CHAPTER IV SAFETY AND PROTECTION OF RAILWAYS

CHAPTER V LEGAL RESPONSIBILITY

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 1 This Law is formulated for the purpose of ensuring smooth progress of railway transport and railway construction in order to
meet the demands of socialist modernization and people’s livelihood.

Article 2 Railways as referred to in this Law include State railways, local railways, industrial railways and railway private sidings.

State railways refer to the railways administered by the competent department in charge of railways under the State Council.

Local railways refer to the railways administered by local people’s governments.

Industrial railways refer to the railways administered by enterprises or other units to provide in-house transport services.

Railway private sidings refer to the branch railway lines which are administered by enterprises or other units and are connected
to a State railway line or any other railway line.

Article 3 The competent department in charge of railways under the State Council shall be responsible for railway affairs throughout the
country, implement over the State railway network a transport control system which is highly centralized and under unified
command, and shall provide guidance for, coordination among, supervision over and assistance to local railways, industrial
railways and railway private sidings.

A State railway transport enterprise shall perform the administrative functions as authorized by relevant laws and administrative
rules and regulations.

Article 4 The State shall focus its effort on the development of State railways and provide substantial aid and support to the development
of local railways.

Article 5 A railway transport enterprise must adhere to the socialist orientation in operation and management, pursue the aim of serving
the people, improve operation and management, better the work style, and enhance the transport service quality.

Article 6 Citizens shall have the obligation to take good care of railway installations. Damage to railway installations and disruption
of normal railway traffic shall be prohibited.

Article 7 Local people’s governments at various levels along the railway lines shall assist the railway transport enterprises in ensuring
safe and uninterrupted railway traffic, good social order at stations and on trains, intactness of railway installations,
and smooth progress of railway construction.

Article 8 Regulations governing the technical operations of State railways shall be formulated by the competent department in charge
of railways under the State Council, while rules governing the local railways and industrial railways shall be drawn
up with reference to the regulations governing the technical operations of State railways.

Article 9 The State shall encourage scientific and technological research on railways in order to heighten their scientific and technical
level. Any unit or individual that has achieved outstanding results in such research shall be awarded.

CHAPTER II RAILWAY TRANSPORT BUSINESS

Article 10 All railway transport enterprises shall guarantee safe transport of passengers and goods and punctual train arrivals.

Article 11 A railway transport contract shall be an agreement in which the mutual rights and obligations between the railway transport
enterprise and the passenger(s) or shipper(s) are defined.

A passenger ticket, a luggage, parcel or goods consignment note shall represent a contract or a constituent part of a contract.

Article 12 A railway transport enterprise shall ensure the passenger of riding on a train of the number and on the date stated
on the passenger’s ticket, and of arriving at the destination stated on the same ticket. In case of the passenger being
unable to ride on the train of the number and on the date stated on the passenger’s ticket owing to the liability of the railway
transport enterprise, the said enterprise shall, as requested by the passenger, refund the total sum of the ticket fare or make
arrangements for the passenger to ride on another train to the same destination.

Article 13 A railway transport enterprise shall take effective measures to serve the passengers well in a courteous, attentive, warm
and cultured manner, keep the station premises and passenger cars clean and sanitary, provide boiled drinking water and good
catering services on the train.

A railway transport enterprise shall take measures to protect the environment along railway lines from pollution.

Article 14 Any passenger boarding a train shall hold a valid passenger ticket. Any passenger riding on a train without a ticket or with
an invalid ticket shall pay the ticket fare on the train plus such additional charges as specified in relevant railway
regulations; the railway transport enterprise may order any passenger who refuses to do so to leave the train.

Article 15 The State railways and local railways shall plan the goods transport on the principle of promoting production and invigorating
circulation.

Priority in transport shall be given to materials for emergency rescue or disaster relief and other goods and materials that
warrant such priority according to relevant regulations of the State.

Where goods and materials to be carried by local railways need to be carried by State railways, the transport plan therefore
shall be incorporated in the transport plan of State railways.

Article 16 A railway transport enterprise shall carry the goods, parcels and luggage to their destinations in observance of the time
limit stipulated in the contract or within the time limit prescribed by the competent department in charge of railways under
the State Council. For any overdue goods, parcel, or luggage, the railway transport enterprise shall be liable to indemnity
for breach of contract.

In case a railway transport enterprise fails to deliver the goods, parcels or luggage to their consignee or owner passenger
after thirty days in excess of the time limit, the shipper, consignee or passenger concerned shall be enpost_titled to claim
compensation for loss from the railway transport enterprise.

Article 17 A railway transport enterprise shall be liable to pay compensation for loss, short-delivery, deterioration, contamination,
or damage that might have occurred to the shipped goods, parcels or luggage as of the moment the railway transport enterprise
undertakes the conveyance until the moment of their delivery.

(1) Any shipper or passenger who has voluntarily applied for insured transport of valued articles shall be enpost_titled to an indemnity
on a par with the actual loss but not exceeding the insured value.

(2) Indemnity for goods conveyed not in the manner of insured transport of valued articles shall be on a par with the actual
loss but not exceeding the liability limit laid down by the competent department in charge of railways under the State
Council. If the loss is caused by deliberate action or grave fault on the part of the railway transport enterprise, the
above-stated liability limit shall not apply but the indemnity shall be made in conformity with the actual loss.

Any shipper or passenger may, on voluntary basis, buy insurance policy for transport of goods at an insurance agency and the
insurance agency shall be liable for indemnity in conformity with the agreement as stated in the insurance contract.

Any shipper or passenger may, on voluntary basis, enter into insured transport of valued goods or buy insurance policy for
transport of goods, or may do without. No shipper or passenger shall be compelled in any manner to enter into insured transport
or buy transport insurance policy.

Article 18 A railway transport enterprise shall not be liable to indemnity for any loss, in relation to goods, parcels or luggage,
caused by the following reasons:

(1) Force majeure.

(2) Natural property of the goods or articles contained in the parcel or luggage, or natural wear and tear.

(3) Fault on the part of the shipper, consignee or passenger concerned.

Article 19 Any shipper shall truthfully fill in the goods consignment note, and the railway transport enterprise shall be authorized to
check the description, weight and quantity of the goods and parcels as written on the note. Upon check-up, if the reported
disagrees with the real contents, the shipper shall pay for the check-up expenses; if the reported agrees with the
real contents, the check-up expenses shall be borne by the railway transport enterprise, and any damage incurred from the
check-up with the contents of the goods or parcels as a result of the check shall be compensated for by the same enterprise.

Any deficiency in payment of transport charges and other fees as a result of untrue declaration of the goods shipped shall
be made up by the shipper concerned, and the railway transport enterprise shall, according to the relevant regulations
of the competent department in charge of railways under the State Council, collect from the shipper extra transport charges
and other fees.

Article 20 Goods consigned for shipment that need packing shall be packed by the shipper in conformity with the national standards
for packing or the trade standards for packing; where both these standards are lacking, the shipper shall pack the goods properly
so that the goods would not suffer any damage due to improper packing.

A railway transport enterprise shall, with regard to the perishable goods and living animals the shipment of which it has
undertaken, in accordance with the relevant regulations of the competent department in charge of railways under the State
Council and the contracted agreement.

Article 21 Upon the arrival of shipped goods, parcels or luggage, the relevant consignee or passenger shall claim them in time in observance
of the time limit set by the competent department in charge of railways under the State Council and at the same time pay any
transport charges and other fees that the shipper has not paid or underpaid; if such time limit is exceeded, the consignee
or passenger shall pay due charges for storage in accordance with relevant regulation.

Article 22 Any shipped goods that are not claimed for thirty days as of the date of issuing the notice of claim for the shipped goods, or
that the consignee has informed the railway transport enterprise in writing of refusing to accept shall be sold off by
the railway transport enterprise on condition that the enterprise has served the shipper a notice about such and received
no acknowledgement for thirty days as of the date of receipt of the notice. The amount of money obtained from the selling, if
there is any left after deduction of storage charges and other deductible fees, shall be refunded to the shipper, or turned
over to the state treasury provided it is not refundable nor claimed by the shipper within one hundred and eighty days as
of the date of disposal.

Any parcel not claimed for ninety days as of the date of issuing the notice of claim for such goods by the railway transport
enterprise concerned and any luggage not claimed for ninety days as of its arrival at destination may be disposed of by the
said enterprise provided that the latter has issued a public announcement thereupon and received no claim for the said parcel
or luggage ninety days after the issuance. The amount of money obtained from the selling, if there is any left after deduction
of storage charges and other deductible fees, may be recovered by the shipper, consignee or passenger concerned within one hundred
and eighty days as of the date of the selling, or shall be turned over to the state treasury if no claim for recovery is
received within the same time limit.

Dangerous goods and articles the transport of which is restricted according to relevant regulations shall be handed over
to the public security authority or department concerned for disposition and shall not be sold off by the railway transport
enterprise itself.

For articles which are not suitable for storage over a long period of time, the deadline for their disposal may be shortened
in accordance with relevant provisions set down by the competent department in charge of railways under the State Council.

Article 23 Passengers, shippers or consignees who are held responsible for any loss of property of a railway transport enterprise shall
be liable to compensation for the loss.

Article 24 The State shall encourage industrial railways to take up also public passenger and goods transport services on a commercial basis;
the State shall promote shared use of railway private sidings by related units on the basis of agreed terms.

Any industrial railway which will take up also public passenger or goods (or both) transport services on commercial basis shall
report such to and obtain approval from the people’s government of the relevant province, autonomous region or municipality
directly under the Central Government.

To any industrial railway undertaking commercial public passenger or goods transport, the provisions governing railway transport
enterprises stipulated in this Law shall apply.

Article 25 Passenger fares and tariffs for goods, parcels and luggage shall be worked out by the competent department in charge of railways
under the State Council and submitted by the latter to the State Council for approval. The items and rates of miscellaneous charges
for passenger and goods transport on State railways shall be laid down by the competent department in charge of railways
under the State Council. Tariffs applicable to specified operating lines, specified goods and provisional operating lines
of the State railways shall be worked out by the competent department in charge of railways under the State Council by agreement
with the competent department in charge of prices under the State Council.

Passenger fares, goods tariffs and the items and rates of miscellaneous charges for passenger and goods transport on local railways
shall be laid down by the competent department in charge of prices under the people’s government of the relevant province,
autonomous region or municipality directly under the Central Government in conjunction with the agency authorized by the
competent department in charge of railways under the State Council.

Passenger fares, goods tariffs and the items and rates of miscellaneous charges for passenger and goods transport on industrial
railways which also run public passenger and goods transport on a commercial basis, and the rates of charges for sharing the
use of railway private sidings, shall be laid down by the competent department in charge of prices under the people’s government
of the relevant province, autonomous region or municipality directly under the Central Government.

Article 26 Passenger fares, tariffs for goods, parcels and luggage, and the items and rates of miscellaneous charges for passenger and
goods transport, must be announced by public notice; the same shall not go into effect before being so announced.

Article 27 Counterfeiting or alterations of tickets or other certificates which are printed and used in relation to passenger
and goods transport by State railways, local railways and industrial railways shall be prohibited.

Reselling of passenger tickets or other railway transport certificates for profit shall be prohibited.

Article 28 Relevant regulations of the State concerning articles the transport of which is prohibited or restricted must be observed
in consigning shipment and carrying goods, parcels or luggage.

Article 29 Domestic through transport of passenger and goods between railway transport enterprises and highway, air or waterway transport
enterprises must be handled in accordance with relevant provisions laid down by the State, or in the absence of such provisions,
in accordance with the agreement reached by all parties concerned.

Article 30 Participation of State or local railways in international through transport must obtain approval from the State Council.

Article 31 Military transport on railways shall be handled in accordance with relevant provisions laid down by the State.

Article 32 In the event of dispute over a railway transport contract, the railway transport enterprise and the involved shipper, consignee
or passenger may settle the dispute by way of mediation; or if a party does not wish to settle the dispute by mediation or
the mediation proves unsuccessful, the railway transport enterprise and the involved shipper, consignee or passenger may,
in accordance with relevant provisions on arbitration included in the contract or with the written agreement on arbitration
reached afterwards, apply for arbitration to an arbitration agency designated by the State.

Where a party does not perform the award of the arbitration agency within the prescribed time limit, the other party
may apply to a people’s court for compulsory execution.

Where no provision on arbitration is made in the contract and no written agreement on arbitration has been reached afterwards,
either of the parties may bring a suit in a people’s court.

Article 33 Planning for the expansion of railway network shall be based on the demands of national economy, social development and the building
up of national defence and shall be coordinated with the development plans of other modes of transport.

Article 34 The construction plan of local railways, industrial railways or railway private sidings must conform to the national
railway development plan and must obtain approval from the competent department in charge of railways under the State Council
or an agency authorized by this department.

Article 35 The planning of any railway track, station, junction area and other related facilities within a planned urban area of a city shall
be brought in line with the overall plan of this city.

The land-use plan for railway construction shall be incorporated in the relevant overall land-use plan. Land needed for future
expansion or construction of new railway lines shall be allotted by the people’s government at or above the county level
in its overall land-use plan.

Article 36 The use of land for railway construction shall be handled in accordance with provisions of relevant laws and administrative rules
and regulations.

The relevant local people’s government shall support railway construction and assist the railway transport enterprise
to carry out land requisition for railway construction, to dismantle or move any structures or inhabitants thereon and
make due arrangements for them.

Article 37 Any railway transport enterprise shall, having acquired the right to use any land for railway construction, use the land for
the approved purpose and shall not use the land for any other purposes without proper authorization; no other unit or
individual may occupy or seize the said land.

The department of land administration under the local people’s government at or above the county level shall order
any unit or individual that has occupied or seized the land appropriated for railway construction to stop doing so and to
compensate the railway transport enterprise concerned for the loss.

Article 38 The standard railway gauge shall be 1435mm. Standard gauge must be adopted in the construction of a new State railway.

For narrow-gauge railways, the gauge shall be 762mm or 1000mm.

Other technical requirements for new railways and reconstructed railways shall conform to relevant national standards or trade standards.

Article 39 A railway line, after its completion of construction, may, in accordance with the procedures laid down by the State for
capital construction, be put into operation only after it has been duly examined and accepted as satisfactory.

Article 40 At the crossing point of a railway and a highway, priority shall be given to the installation of a grade separation structure;
at a crossing where a grade separation structure is not installed, a level crossing or a pedestrian cross-walk may be laid
in conformity with relevant provisions of the State. The setting up of a level crossing or a pedestrian cross-walk within
a planned urban area shall be decided by the railway transport enterprise, or the relevant enterprise owning the relating
industrial railways or private sidings, or any other relevant unit jointly with the department in charge of city planning.

The removal of an established level crossing or pedestrian cross-walk shall be decided by the railway transport enterprise,
or the relevant enterprise owning the relating industrial railway or private siding, or any other relevant unit by agreement
with the local people’s government.

Article 41 Any railway bridge to be built across a water course shall conform to the requirements for flood prevention, navigation and flow
of current as laid down by the State in relevant regulations.

CHAPTER IV SAFETY AND PROTECTION OF RAILWAYS

Article 42 A railway transport enterprise must strengthen the control and protection of railways, regularly inspect and repair railway
transport facilities so as to ensure intactness of these facilities and guarantee safe conveyance of passengers and goods.

Article 43 The railway security organ and the local security authority shall jointly keep the public order along railway lines, in stations
and on trains, while dividing up the work in such a way that the public order in stations as well as on trains shall be
under the charge of the railway security organ, and the public order along railway lines shall be under the joint charge
of the local security authority and the railway security organ, with the local security authority in the main.

Article 44 The competent department in charge of electric power shall guarantee the power supply for railway traction and critical
loads arising in railway operation. The scope of power supply for critical loads arising in railway operation shall be
defined by the competent department in charge of railways under the State Council through consultation with the competent
department in charge of electric power under the State Council.

Article 45 Hill slopes beyond the right-of-way of and flanking the railway line shall be conditioned as key territories for water and
soil conservation by the relevant local people’s government. Slopes on top of railway tunnels shall be conditioned by the local
people’s government with due assistance of the relevant railway transport enterprise. Hill slopes within the railway line’s
right-of-way shall be conditioned by the railway transport enterprise.

Article 46 In case there is any such activity as building an uphill pond, a reservoir, or a dyke or dam; excavating a water course, a
trunk channel or other waterway; stone-quarrying; sand-fetching; or digging a well for water, which is carried out within
a specific distance from both sides of a railway line, bridge or culvert, and which might cause adverse effects on the stability
of the railway subgrade or endanger the railway bridge or culvert, the relevant local people’s government at or above the county
level shall order such activities to be ceased, and set a time limit for restoring the site to its original state or to take
necessary safety and protection measures.

Unless the approval of the relevant railway transport enterprise is obtained and proper safety and protection measures are
provided, the erecting of power or communications lines over or across a railway line, the laying of buried cables or pipes
along a railway subgrade, and the digging of tunnels through or under a railway embarkment shall not be allowed.

Building of any structures or planting of any trees which might hinder a good watch from the driver’s cabin over the railway line
shall not be allowed at the inner side of a curve or at a place close to a level crossing or a pedestrian cross-walk.
In case any building, such as afore-mentioned, has been erected, the local people’s government at or above the county level
shall order the builder to remove the building, and if any tree, such as afore-mentioned, has been planted, the said government
shall order the relevant unit or individual to remove, trim or cut down the tree within a specified period of time.

Any unit or individual that violates the provisions stated in the preceding three paragraphs shall be liable to compensation
for any loss thereby suffered by the relevant railway transport enterprise.

Article 47 It shall be prohibited to install a level crossing or a pedestrian cross-walk without proper authorization.

Necessary signs and protective installations must be provided at level crossings or pedestrian cross-walks in conformity
with relevant regulations.

Pedestrians and vehicles must, when passing a railway level crossing or a pedestrian cross-walk, observe the relevant regulations
governing passage over crossings.

Article 48 Transport of dangerous goods must be handled in conformity with the regulations formulated by the competent department in charge
of railways under the State Council. It shall be forbidden to consign for shipment any dangerous article under the name
of a non-dangerous article.

Passengers shall be prohibited from carrying any dangerous article into a railway station or a train. Railway security personnel
or any such railway worker designated by the competent department in charge of railways under the State Council shall,
for the safety of transher have the right to inspect the article or articles carried by any passenger. Any railway
worker when carrying out transport safety inspection shall bear an on-duty identification sign.

A list of the descriptions of dangerous articles shall be specified and promulgated by the competent department in charge of railways
under the State Council.

Article 49 Any railway worker shall have the right to stop any person who is about to damage or destroy, or cause to move or shift,
any railway signalling installation or other facilities for traffic operation, and any person who is about to place
obstacle(s) on the railway track. The railway worker may catch such a person and hand him over to the public security authorities.

Article 50 It shall be forbidden for anybody to make a covert ride on a goods train, to climb up or hang on to a train in motion, or to
hit or strike a train. Any railway worker shall have the right to stop such a person.

Article 51 It shall be forbidden to walk, sit or lie on a railway track. Any railway worker shall have the right to stop such conduct.

Article 52 It shall be forbidden to graze livestock within twenty metres of either side of a railway track. Any railway worker shall have
the right to stop such conduct.

Article 53 Any railway worker shall have the right to stop persons who have gathered up to intercept a train, or to assault a railway traffic
control office. The responsible public security personnel on site shall have the right to order those persons who refuse to
stop such action to disperse; and if such a demand is refused, the responsible public security personnel on site shall,
according to relevant regulations established by the State, choose to force them to disperse by necessary means. Those
who refuse to obey shall be taken away from the site by force or detained.

Article 54 Any railway worker shall have the right to stop those persons who try to start a riot and rob goods and materials being transported
on railways and may seize them and hand them over to the public security authorities; the public security personnel on site
may detain them.

Article 55 Any railway worker shall have the right to stop any person who is picking quarrels and stirring up troubles on board a
train causing public disorder or jeopardizing the physical being or property of other passengers; the railway security personnel
may detain such person.

Article 56 If a certain kind of infectious disease which demands quarantine as stated in legal provisions is discovered in a railway
station or on board a passenger train, the railway sanitation and quarantine authority shall carry out the necessary
quarantine process; the local sanitation and quarantine authority shall render assistance to the former upon request.

The quarantine of goods in transport shall be carried out in accordance with relevant regulations of the State.

Article 57 In case of any railway traffic accident, the railway transport enterprise shall act in accordance with relevant provisions
about the investigation and handling of accidents stipulated by the State Council and its relevant competent department,
and ensure the timely restoration of normal traffic; no unit or

REGULATIONS ON ADMINISTRATIVE RECONSIDERATION

Category	MISCELLANEOUS ADMINISTRATION AFFAIRS	Organ of Promulgation	The State Council	Status of Effect	With An Amendment Existing
Date of Promulgation	1990-12-24	Effective Date	1991-01-01

Regulations on Administrative Reconsideration

Chapter I  General Provisions
Chapter II  The Scope of Application for Reconsideration
Chapter III  Jurisdiction for Reconsideration
Chapter IV  The Reconsideration Office
Chapter V  Participants in Reconsideration
Chapter VI  Application and Acceptance
Chapter VII  Hearing and Decision
Chapter VIII  Time Periods and Service
Chapter IX  Legal Responsibility
Chapter X  Supplementary Provisions

(Adopted at the 71st Executive Meeting of the State Council on November 9, 1990, promulgated by Decree No. 70 of the State Council
of the People’s Republic of China on December 24, 1990 and effective as of January 1, 1991)(Editor’s Note: For the revised text,
see the Decision of the State Council Revising the Regulations on Administrative Reconsidertion promulgated by Decree No. 166 of
the State Council of the People’s Republic of China on October 9, 1994)

Chapter I  General Provisions

Article 1 These Regulations are enacted pursuant to the Constitution and
the pertinent laws, with a view to safeguarding and supervising administrative
organs in exercising their functions and powers, preventing and correcting any
malfeasant or improper specific administrative acts, and protecting the lawful
rights and interests of citizens, legal persons and other organizations.

Article 2 Where citizens, legal persons, or other organizations hold that
a specific administrative act of an administrative organ has infringed upon
their lawful rights and interests, they may, in accordance with these
Regulations, file an application to the competent administrative organ for
reconsideration.

Article 3 The administrative organ for reconsideration shall exercise its
functions and powers according to law and shall not be subject to any illegal
interference from other organs, public organizations and individuals.

Article 4 The “administrative organs for reconsideration”, as mentioned
in these Regulations, refers to those administrative organs which accept
applications for reconsideration, and shall, according to law, conduct reviews
over the specific administrative acts, and make a decision.

The “reconsideration office”, as mentioned in these Regulations, refers to
the offices which are set up within the administrative organs for
reconsideration and are responsible for the affairs relating to the
reconsideration.

Article 5 Except as otherwise stipulated by the laws and administrative
rules and regulations, the administrative reconsideration shall apply a
single-level system of reconsideration.

Article 6 The administrative reconsideration shall follow the principle of
being “lawful, timely, accurate, and convenient for the people”.

Article 7 The administrative organ for reconsideration shall, according
to law, conduct review over the legality and appropriateness of a specific
administrative act.

Article 8 The administrative organ for reconsideration shall not apply
conciliation in handling reconsideration cases.
Chapter II The Scope of Application for Reconsideration

Article 9 Citizens, legal persons, and other organizations may file an
application to the administrative organs for reconsideration if they refuse to
accept any of the following specific administrative acts:

(1) an administrative sanction, such as detention, fine, rescission of a
permit or a licence, order to suspend production or business operations or
confiscation of property and article, which one refuses to accept;

(2) a compulsory administrative measure, such as restriction of personal
freedom or the sealing up, distraint, or freezing of property,which one
refuses to accept;

(3) infringement upon one’s managerial decision-making power as stipulated
by the laws and regulations, which is held to have been perpetrated by an
administrative organ;

(4) refusal by an administrative organ to issue a permit or licence, which
one holds oneself legally qualified to apply for, or its failure to respond to
the application;

(5) refusal by an administrative organ to perform its statutory functions
and duties of protecting one’s personal rights and property rights, as one has
applied for, or its failure to respond to the application;

(6) cases where an administrative organ is held to have failed to pay the
pensions for the disabled or for the family of the deceased according to law;

(7) cases where an administrative organ is held to have illegally demanded
the performance of duties;

(8) cases where an administrative organ is held to have infringed upon
other personal rights and property rights;

(9) other specific administrative acts against which, according to the
laws and regulations, an administrative lawsuit or an application for
reconsideration may be instituted.

Article 10 Citizens, legal persons, or other organizations shall not file
an application for reconsideration in accordance with these Regulations if
they are not satified with any one of the following matters:

(1) administrative regulations, rules, or decisions and orders with a
general binding force;

(2) decisions on awards or punishments or on the appointment of or removal
from a position with respect to personnel working in administrative organs;

(3) arbitration or conciliation or disposition of civil disputes;

(4) acts of the State in areas such as national defence and foreign
affairs.
Chapter III Jurisdiction for Reconsideration

Article 11 In case that a specific administrative act has been undertaken by the
working department of a local people’s government at or above the county
level, and files an application is filed for reconsideration, the case shall be under
the jurisdiction of the competent department at a higher level. A case that
falls under one of the following circumstances shall be under the jurisdiction
of the people’s government at the same level:

(1) there is no corresponding competent department at a higher level;

(2) cases that shall be under the jurisdiction of the people’s governments
as stipulated by the provisions of the laws and regulations.

In case that an application for reconsideration is filed by a person who
does not accept a specific administrative act undertaken by any of the
departments under the State Council, the case shall be under the jurisdiction
of the department which has undertaken the said specific administrative act.

Article 12 In case that an application for reconsideration is filed by a
person who does not accept a specific administrative act undertaken by any of
the local people’s governments at various levels, the case shall be under the
jurisdiction of the people’s government at a higher level.

In case that an application for reconsideration is filed by a person who
does not accept a specific administrative act undertaken by the people’s
government of a province, an autonomous region, or a municipality directly
under the Central Government, the case shall be under the jurisdiction of the
people’s government which has undertaken the aforesaid specific administrative
act.

Article 13 In case that an application for reconsideration is filed by a
person who does not accept a specific administrative act undertaken jointly by
two or more administrative organs, the case shall be under the jurisdiction of
an administrative organ at the next higher level over the aforesaid two or
more administrative organs.

Article 14 In case that an application for reconsideration is filed by a
person who does not accept a specific administrative act undertaken by an
agency of a local people’s government at or above the county level, the case
shall be under the jurisdiction of the local people’s government which has
established the agency.

In case that an application for reconsideration is filed by a person who
does not accept a specific administrative act undertaken by an agency which is
established by a working department of the people’s government in its own name
according to the provisions of the laws, regulations and rules, the case shall
be under the jurisdiction of the department which has established the said
agency.

Article 15 In case that an application for reconsideration is filed by a
person who does not accept a specific administrative act undertaken by an
organization authorized by laws, regulations and rules, the case shall be
under the jurisdiction of the competent administrative organ immediately over
the said organization.

In cases that an application for reconsideration is filed by a person who
does not accept a specific administrative act undertaken by an entrusted
organization, the case shall be under the jurisdiction of an administrative
organ at the next higher level over the commissioning administrative organ.

Article 16 In case that an application for reconsideration is filed by a
person who does not accept a specific administrative act which, according to
the provisions of the laws and regulations, is subject to the approval of an
administrative organ at a higher level, the case shall be under the
jurisdiction of the administrative organ which makes the final decision unless
otherwise provided for by the laws and regulations.

Article 17 In case that an application for reconsideration is filed by a
person who does not accept a specific administrative act undertaken by an
administrative organ prior to its abolition, the case shall be under the
jurisdiction of the administrative organ at the next higher level over the
administrative organ which has succeeded to the functions and powers of the
administrative organ abolished.

Article 18 Where an administrative organ for reconsideration finds that a
case it has accepted is not under its jurisdiction, it shall transfer the case
to an administrative organ which has jurisdiction over the case. The
administrative organ, to which the aforesaid case has been transferred, shall
not transfer the case again on its own initiative.

Article 19 Where a dispute arises between administrative organs over
jurisdiction for reconsideration, the dispute shall be resolved by the parties
to the dispute through consultation. If consultation fails, the administrative
organ immediately over the two parties shall designate jurisdiction.

Article 20 Where a person applies for reconsideration to two or more
administrative organs that have jurisdiction, the case shall be under the
jurisdiction of the administrative organ that has first received the
application for reconsideration.

Article 21 Where citizens, legal persons, and other organizations make a
complaint to the correspondence and reception department within the time limit
stipulated by law for filing an application for reconsideration, the
correspondence and reception department shall timely notify the complainant to
file an application for reconsideration to the administrative organ that has
jurisdiction for reconsideration.

Article 22 Other cases involving jurisdiction for reconsideration shall
be handled according to the provisions of the laws, regulations and rules.
Chapter IV The Reconsideration Office

Article 23 The administrative organ for reconsideration shall, in light
of the needs of its work, establish the reconsideration office, or appoint
full-time personnel that handle reconsideration cases, for the organ itself.

Article 24 Reconsideration offices of various local people’s governments
at or above the county level shall be established within the government’s
office of legislative affairs, or the government’s office of legislative
affairs work in the name of the name of the name of the reconsideration
office.

Article 25 The reconsideration office, or the full-time personnel that
handle reconsideration cases, shall work under the leadership of the
administrative organ for reconsideration and carry out the following
functions and duties:

(1) to review whether reconsideration applicatins are in conformity with
the statutory requirements;

(2) to conduct investigations among, and collect evidence from both
parties to a dispute and relevant units and relevant units and personnel, and
to consult relevant documents and materials;

(3) to organize the handling of reconsideration cases;

(4) to draft reconsideration decisions;

(5) to respond to prosecution in court, as entrusted by the legal
representative of the administrative organ for reconsideration;

(6) to carry out other functions and duties stipulated by the laws and
regulations.
Chapter V Participants in Reconsideration

Article 26 Citizens, legal persons, or other organizations that file an
application for reconsideration are applicants.

Where a citizen who has the right to apply for reconsideration is
deceased, his/her near relatives may apply for reconsideration; where a
citizen who has the right to apply for reconsideration is incompetent or with
limited capacity for conduct, his/her legal representative may apply for
reconsideration on behalf of him/her.

Where a legal person, or any other organization, that has the right to
apply for reconsideration terminates, the legal person or any other
organization that succeeds to its rights may apply for reconsideration.

Article 27 Where any other citizen, legal person, or organization has an
interest in a specific administrative act, for the reconsideration of which an
application has already been filed, he/she or it may, with the approval of the
administrative organ for reconsideration, file a request for participation in
the reconsideration as a third party.

Article 28 Where a citizen, legal person, or organization applies for
reconsideration against a specific administrative act undertaken by an
administrative organ, the said administrative organ is the defending party of
the application.

Where two or more administrative organs have undertaken a
specific administrative act in their combined name, the administrative organs
which have jointly undertaken the specific administrative act are the joint
defending parties of an application.

Where a specific administrative act is undertaken by an organization
authorized by the laws, regulations and rules, the said organization is the
defending party of an application. Where a specific administrative act is
undertaken by an organization authorized by the laws, regulations and rules,
the said organization is the defending party of an application.

Where a specific administrative act has been undertaken by an organ which
has already been abolished, the administrative organ that continues to
exercise the abolished organ’s functions and powers is the defending party of
an application.
Chapter VI Application and Acceptance

Article 29 Where a citizen, a legal persons or any other organization
files an application for reconsideration with the administrative organ that
has jurisdiction over the case, he/she or it shall do so within 15 days from
the day when he/she or it becomes aware of the specific administrative act,
except as otherwise stipulated by the laws and regulations.

Where a citizen, a legal person or any other organization fails to observe
the time limit prescribed by law due to force majeure or other special
circumstances, he/she or it may, within 10 days after the obstacle is removed,
apply for an extension of the time limit; the administrative organ that has
jurisdiction shall decide whether to approve the aforesaid application or not.

Article 30 Where a citizen, a legal person or any other organization
brings a suit before the people’s court, and the people’s court has accepted
the case, then he/she or it may not apply for reconsideration.

Where a citizen, a legal person or any other organization applies for
reconsideration to an administrative organ, and the administrative organ for
reconsideration has accepted the application, then the applicant mentioned
above may not bring a suit before the people’s court within the statutory time
limit for conducing reconsideration.

Article 31 The following requirements shall be met when an application is
made for reconsideration:

(1) The applicant shall be a citizen, a legal person, or any other
organization that holds that a specific administrative act has directly
infringed upon his/her or its lawful rights and interests;

(2) There must be a specific defending party or parties of an application;

(3) There must be a specific claim for reconsideration and a corresponding
factual basis;

(4) The case must fall within the scope for application for
reconsideration;

(5) The case must fall under the jurisdiction of the administrative organ
that accepts the said case;

(6) Other requirements stipulated by the laws and regulations.

Article 32 An applicant, while applying to an administrative organ for
reconsideration, shall submit a written application for reconsideration.

Article 33 The written application shall contain the following contents:

(1) The name, sex, age, occupation, and address of the applicant (the name
and address of the legal person or any other organization, and the name of its
legal representative);

(2) The name and address of the defending party of the application for
reconsideration;

(3) The claim and reasons for applying for reconsideration;

(4) The date of filing the application for reconsideration.

Article 34 The administrative organ for reconsideration shall, within 10
days from the date of receiving the written application for reconsideration,
handle the reconsideration applications respectively as follows:

(1) Reconsideration applications that are in conformity with the
provisions of these Regulations shall be accepted;

(2) Reconsideration applications that are not in conformity with one of
the provisions in Article 31 of these Regulations shall not be accepted, and
the applicant shall be notified of the reasons for this decision;

(3) Where a written reconsideration application fails to include one item
of the contents as prescribed in the provisions of Article 33 of these
Regulations, the written application shall be returned to the applicant, and
a time limit for making up the said contents shall be set. If the applicant
fails to fulfil the making-up, the above mentioned application shall be
considered to have not been made.

Article 35 Where a citizen, a legal person, or any other organization has
filed an application for reconsideration according to law, but the
administrative organ for reconsideration refuses, without any justification,
to accept the application or fails to respond to the application, the
administrative organ at the next higher level, or the administrative organ
prescribed by the laws and regulations, shall instruct the said administrative
organ for reconsideration to accept the said application or to respond to the
application.

Article 36 Except as otherwise provided by the laws and regulations, in
circumstances where, in accordance with the provisions of pertinent laws and
regulations, a person concerned shall first apply to an administrative organ
for reconsideration and then bring a suit before a people’s court if the
person concerned does not accept the reconsideration decision, if the
applicant does not accept the decision made by the administrative organ for
reconsideration to reject the application, the applicant may, within 15 days
from the date of receiving the written decision on the rejection of the
application, bring a suit before the people’s court.
Chapter VII Hearing and Decision

Article 37 Administrative reconsideration shall be conducted by applying
the system of reconsideration by written documents; however, when
administrative organ for reconsideration deems it necessary, other forms for
hearing of reconsideration cases may be adopted.

Article 38 The administrative organ for reconsideration shall, within 7
days from the day of filing the case, deliver a copy of the written
application for reconsideration to the defending party of the said
application. The defending party of the application shall,within 10 days from
the day of receiving the copy of the written application for reconsideration,
provide the administrative organ for reconsideration with the relevant
materials or evidence for undertaking the specific administrative act and
submit a written defence. Failure by the defending party to submit a written
defence within the time limit shall not stop the procedures of
reconsideration.

Article 39 In the course of hearing a reconsideration case, execution of
the specific administrative act shall not be suspended. However, under one of
the following circumstances, the execution of the specific administrative act
may be suspended:

(1) Where suspension is deemed necessary by the defending party;

(2) Where suspension is deemed necessary by the administrative organ for
reconsideration;

(3) Where suspension of execution is requested by the applicant and the
administrative organ for reconsideration deems it reasonable and makes the
decision on the suspension of the execution;

(4) Where suspension is required by the provisions of the laws,
regulations and rules.

Article 40 Prior to the making of a reconsideration decision, if the
applicant withdraws the application for reconsideration, or the defending
party of the application has changed the specific administrative act it has
undertaken, and the applicant agrees and applies for the withdrawal of the
application for reconsideration, the application for reconsideration may be
withdrawn with the approval of the administrative organ for reconsideration
and after the reconsideration case is recorded on file.

Where an applicant has withdrawn his application for reconsideration, he
may not apply for reconsideration again for the same facts and reasons.

Article 41 In handling reconsideration cases, the administrative organ
for reconsideration shall base itself on the laws administrative rules and
regulations, local regulations, rules as well as the decisions and orders with
a general binding force formulated and promulgated by administrative organs at
higher levels according to law.

In handling reconsideration cases of the nationality autonomous regions,
the administative organ for reconsideration shall also base itself on the
regulations on autonomy and separate regulations of the nationality autonomous
regions.

Article 42 The administrative organ for reconsideration shall, after the
hearing, respectively make the following reconsideration decisions:

(1) if the application of the laws, regulations and rules as well as the
decisions and orders with a general binding force to the specific
administrative act is correct, the facts are clearly ascertained, and the
statutory limits of authority and procedures are complied with, the specific
administrative act shall be sustained by decision;

(2) if there are some inadequacies in the specific administrative act in
terms of procedures, a decision shall be made for the defending party of an
application for reconsideration to make them up and improve them;

(3) if the defending party of an application for reconsideration fails to
perform its duty as prescribed by laws, regulations and rules, a fixed time
shall be set for the defending party to perform the duty;

(4) if a specific administrative act has been undertaken in one of the
following circumstances, the act shall be annulled or changed, or the
defending party may be required by decision to undertake a specific
administrative act anew:

(a) ambiguity of the main facts;

(b) erroneous application of the laws, regulations and rules and of
decisions and orders with a general binding force;

(d) excess of authority or abuse of powers;

(e) obvious inappropriateness of the specific administrative act.

Article 43 Where in the course of reviewing a specific administrative
act, an administrative organ for reconsideration finds that the rules, or
decisions and orders with a general binding force, which serve as the basis
for a specific administrative act, are in conflict with the laws, regulations
and rules or, other rules, decisions and orders with a general binding force,
the competent administrative organ for reconsideration shall, within its scope
of functions and powers, decide on their nullification or change according to
law.

Where the administrative organ for reconsideration deems that the rules or
decisions and orders with a general binding force, which serve as the basis
for a specific administrative act, are in conflict with the laws, regulations
and rules, or other rules, decisions and orders with a general binding force,
but the administrative organ for reconsideration has no power to handle the
case, then this case shall be reported to the administrative organ at a higher
level. The administrative organ at a higher level which has the power to
handle the case, shall handle it according to law; if the administrative organ
at a higher level does not have the power to handle the case, the case shall
be submitted to an organ which has the power to handle it. In the course of
the handling of the case, the administrative organ for reconsideration shall
cease its hearing of the said case.

Article 44 Where a specific administrative act, undertaken by the
defending party of an application for reconsideration, infringes upon the
lawful rights and interests of the applicant and causes damage, and the
applicant claims a compensation, the administrative organ for reconsideration
may instruct the defending party of an application for reconsideration to make
the compensation in accordance with the provisions of the pertinent laws and
regulations.

After making the compensation, the defending party shall instruct those
working personnel of the administrative organ, who have committed intentional
or gross mistakes in the case, to bear part or all of the damages.

Article 45 While making its reconsideration decision, the administrative
organ for reconsideration shall prepare a written reconsideration decision.
The written reconsideration decision shall indicate the following items:

(1) The name, sex, age, occupation, and address of the applicant (the name
and address of the legal person or of any other organization, and the name of
its legal representative);

INTERIM PROCEDURES FOR THE ADMINISTRATION OF FOREIGN INVESTMENT IN THE DEVELOPMENT AND MANAGEMENT OF WHOLE AREAS OF LAND

Interim Procedures for the Administration of Foreign Investment in the Development and Management of Whole Areas of Land

(Effective Date:1990.05.19–Ineffective Date:)

Article 1. These procedures are formulated for the purpose of attracting foreign investment in the development and management of whole area
of land (hereafter referred to as “area development”), so as to step up the construction of public utilities, improve the investment
environment, bring in foreign-funded, technologically advanced and export-oriented enterprises, and develop and export-oriented economy.

Article 2. “Area development”, as used in these Procedures, means the comprehensive development of State-owned land as planned. This is carried
out after acquisition of the right to use that land, including leveling the ground, building the drainage and waterpower and heat-supply
systems, and road transport, communications and other public facilities to lay down appropriate conditions for industrial and other
construction purpose. Then land developers can proceed with the transfer of land-use right and the operation of public utilities,
or building general-purpose factory buildings, supporting facilities in the service of production and people’s livelihood, and other
buildings erected on the ground; and transfering or leasing these buildings to others.

Development of whole areas of land shall have explicit goals and there shall be construction projects that are explicitly intended
to make use of the developed land.

Article 3. In attracting foreign investment for area development, a written project proposal (or a preliminary feasibility study report, the
same below) shall be prepared under the auspices of a municipal or county people’s government.

For area development projects each using less than 1,000 mu (1/ 15 of a hectare) of farm land or less than 2,000 mu of other land
and the comprehensive development investment confined within the stipulated limits that the People’s governments of provinces, autonomous
regions and municipalities directly under the jurisdiction of the central authorities (here and below, including the people’s governments
or administrative committees of special economic zones) are authorized to examine and approve, the written project proposals shall
be submitted to these governments for examination and approval.

For area development projects each using more than 1,000 mu of farm land or 2,000 mu of other land, or the comprehensive development
investment in which exceeds the aforesaid limits, the written project proposals shall be submitted through these respective governments
to the State Planning Commission for examining overall balance; and then to the State Council for examination and approval.

Article 4. Foreign investors in area development shall set up Chinese-foreign joint ventures, Chinese-foreign cooperative ventures or solely
foreign-owned enterprises for development operations (hereafter referred to as “development enterprises”) respectively in accordance
with the Law of the People’s Republic of China on Chinese-Foreign Joint Ventures, the Law of the People’s Republic of China on Chinese-Foreign
Cooperative Ventures and the Law of the People’s Republic of China on Foreign Enterprises.

Development enterprises are governed and protected by Chinese laws and all their activities should comply with the laws and regulations
of the People’s Republic of China.

In their business operations and management, development enterprises make their own decisions in accordance with law, but they have
no administrative power over their development areas. The relations between development enterprises and other enterprises are business
relations.

The State encourages State-owned enterprises to use their right to make use of State-owned land as investment or terms of cooperation
to form development enterprises with foreign firms.

Article 5. Development enterprises shall obtain the right to use State-owned land in development areas in accordance with law.

In leasing the right to use State-owned land to development enterprises, the municipal and county people’s governments of the places
where the development areas are located should, in accordance with the laws and decrees on the administration of State-owned land,
rationally determine the limits, usage and terms of use of the areas, the rent-charges and other terms, sign the contracts on leasing
that right, and submit them to the related authorities for approval.

Article 6. After the right to use State-owned land in an area is leased out, the natural resources and other objects buried underground in the
area are still owned by the State. If there is need to develop and use them, the development and utilization shall be governed in
accordance with the pertinent laws and decrees of the State.

Article 7. Development enterprises shall draw up area development programs or feasibility study reports, clearly defining the overall goals
and the goals for each phase of development and overall goals and the goals for each phase of development and construction, the specific
tasks and requirements attaching on carrying out the development, the developed-land utilization schemes, etc.

The area development programs or feasibility study reports shall be examined by the municipal or county people’s governments and then
submitted to the people’s governments of provinces, autonomous regions or municipalities directly under the jurisdiction of the central
authorities for examination and approval. The examination and approval agencies shall organize the relevant departments to coordinate
the work relating to the construction and operation of public facilities.

Article 8. If a development area is located in a zone governed by urban planning, the work of development and construction there must conform
to the requirements of urban planning and submit its control.

All construction projects in development areas must conform to the State environmental protection laws, decrees and standards.

Article 9. Development enterprises may transfer their right to use State-owned land to others only after they have implemented their area development
programs and carried out the terms prescribed in the contracts on leasing the right to use State-owned land. Those development enterprises
that have failed to make investment in land development in accordance with the terms of the aforesaid contracts or the requirements
of the area development programs may not transfer their right to use State-owned land to others.

The transfer and mortgage of the right to use State-owned land by development enterprises and other enterprises and the termination
of that right shall be effected in accordance with the laws and decrees governing the administration of State-owned land.

Article 10. Development enterprises may attract investors to the development areas to make investment, accept the transfer of the right to use
State-owned land and set up enterprises there. The establishment of foreign-funded enterprises shall conform to the respective provisions
of the Law of the People’s Republic of China on Chinese-Foreign Joint Ventures, the Law of the People’s Republic of China on Chinese-Foreign
Cooperative Ventures and the Law of the People’s Republic of China on Foreign Enterprises.

The establishment of enterprises in development areas shall conform to the requirements of the State investment and industrial policies.
The State encourages the setting up of technologically advanced and export-oriented enterprises.

Article 11. The posts and telecommunications projects in development areas shall be planned, built and operated by the posts and telecommunications
departments. With the approval of the provincial posts and telecommunications authorities, autonomous regions or municipalities directly
under the jurisdiction of the central authorities, development enterprises, too, may invest in and build communications facilities
either independently or in cooperation with the posts and telecommunications departments; after completion, these facilities shall
be transferred to the posts and telecommunications departments for management and economic compensations shall be made to the development
enterprises in accordance with the contracts signed between the two sides.

Article 12. Development enterprises investing in the construction of their own power and heat plants, water works and other productive public
facilities in development areas may engage in such business as the supply of electricity, water and heat within these areas and may
also turn these facilities over to local public utilities enterprises for operation. If there is a surplus in the capacity of the
facilities, it is necessary for enterprises to supply the surplus to users outside the development areas or to connect these utilities
with networks there. The development enterprises shall sign contracts with the local public utilities enterprises pursuant to the
relevant regulations enacted by the State and engage in operation according to the terms prescribed in the contracts.

If development areas bring in water, electricity and other resources from outside, the business shall be operated by local public
utilities enterprises.

Article 13. If development area are situated at sea shore and river bank and involve harbour construction works, the water front shall be planned
and controlled by the State on a unified basis. Development enterprises may build and operate port areas and wharves for their own
use in accordance with the unified plans of the State communications authorities.

Article 14. No one in development areas may engage in business or social activities that are prohibited by the State laws and decrees.

Article 15. If those development areas that are designed mainly for export-oriented processing enterprises need to endorse special measures on
import and export control and the work of customhouses, the matter shall be reported to the State Council for approval. The specific
control procedures shall be formulated by the State authorities.

Article 16. The administration of justice, ports and customhouses in development areas shall be organized and enforced respectively by the State
authorities, the local people’s governments and judicial organs with jurisdiction over the areas.

Article 17. Cooperations, enterprises and other economic institutions as well as individuals from Hongkong, Macau and Taiwan that invest and
engage in area development may do so with reference to these Procedures.

Article 18. These Procedures shall take effect on the day they are promulgated within the special economic zones, coastal open cities and coastal
economic open areas.

PROVISIONS CONCERNING THE ADMINISTRATION OF IMPORTED GOODS AND MATERIALS DONATED BY OVERSEAS CHINESE AND COMPATRIOTS FROM HONG KONG, MACAO AND TAIWAN

Category	LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1989-02-20	Effective Date	1989-03-01

Provisions Concerning the Administration of Imported Goods and Materials Donated by Overseas Chinese and Compatriots From Hong Kong,Macao and Taiwan

Appendix: List of Machinery and Electronics Products the Import of Which

HONG KONG, MACAO AND TAIWAN

(Promulgated by the State Council on February 20, 1989)

Overseas Chinese and compatriots from Hong Kong, Macao and Taiwan have
made their contributions to the modernization construction and their
hometowns’ construction by giving donations with full patriotic zeal and the
love to their old home. The state are always encouraging and all for the
patriotic activities by them. Pursuant to the spirit of the CPC Central
Committee concerning the improvement of the economic environment and the
straightening out of the economic order and the decision of the State Council
concerning the strict control of the import of high-grade consumer goods,
these Provisions are made for the purpose of improving the work of accepting
donations, guiding a correct orientation for accepting donations and
eliminating confusions in the work related.

1. With regard to donations of goods and materials by overseas Chinese
and compatriots from Hong Kong, Macao and Taiwan, the principle of
voluntariness in donating and acceptance for one’s own use shall be followed.
No state organs at various levels may accept donations by overseas Chinese
or compatriots from Hong Kong, Macao or Taiwan. Leaders at various levels
shall strictly abide by these Provisions and may not make any instruction to
interfere the approval and administration work.

2. Overseas Chinese and compatriots from Hong Kong, Macao and Taiwan are
encouraged to donate necessary means of production for industrial and
agricultural production and undertakings of culture and education, science
and technology and public welfare. Goods and materials used for the above-
mentioned purposes shall be exempt from duty by the customs in accordance
with provisions of Document Guofa NO.(1982)110 and Document Guofa No.(1986)10.

3. Donations of cash foreign exchange shall be encouraged. Cash foreign
exchange donated by overseas Chinese or compatriots from Hong Kong, Macao or
Taiwan as private individuals may, with the approval from the State
Administration of Exchange Control, participate in swap in the State Foreign
Exchange Swap Center. The specific measures shall be formulated by the State
Administration of Exchange Control in conjunction with relevant departments
and implemented after submitted to and approved by the State Council.

4. With regard to donations of any of the thirteen types of machinery
and electronics products the import of which is restricted under quota
administration according to Document Guofa No.(1986)10 and Document Jingshen
No.(1988)22 issued by the former State Economic Commission and the General
Administration of Customs, the people’s governments of various provinces,
autonomous regions and municipalities directly under the central government
shall conduct examination and approval of accepting donations in strict
accordance with the donation quotas stipulated by the state. No that beyond
the quotas may be approved to import. If any approval is given by overstepping
of authority, the relevant leader and the person directly handling the
matters shall be investigated for responsibility, and the accepted donation
products shall be seriously dealt with by the General Administration of
Customs in conjunction with relevant departments according to relevant
provisions.

5. With regard to donations of any machinery or electronics products the
import of which is restricted but for which no definite donation quota has
been specified, the Machinery and Electronics Equipment Import Examination
Office of the relevant province, autonomous region or municipality directly
under the central government shall, in conjunction with the Office of
Overseas Chinese Affairs or the Taiwan Affairs Office of the province,
autonomous region or municipality directly under the central government, make
verification and submit matters to the Machinery and Electronics Equipment
Import Examination Office of the State Council for examination and approval,
as well as the Office of Overseas Chinese Affairs of the State Council or
the Taiwan Affairs Office of the State Council for record.

6. Donated machinery and electronics products the import of which
is restricted under the examination and approval control (see the Appendix),
including those accepted in the form of “selling tickets abroad and taking
delivery at home”, may only be used by the direct recipient units themselves.
The recipient units may not transfer, sell the added value or make any
exchange of the donations, nor sell them on market after having them
assembled or processed. For accepting donations of machinery and electronics
products the import of which is restricted by the state, one shall apply to
the Ministry of Foreign Economic Relations and Trade or its authorized agency
for an import license against the approval document. The customs shall make
inspection and release against the import license.

7. With regard to donations of monopoly goods and materials or goods and
materials the import of which is under import license control, subject to
Articles 4 and 5 of these Provisions, the Office of Overseas Chinese Affairs
or the Taiwan Affairs Office of the relevant province (autonomous region or
municipality directly under the central government) shall make verification
and submit matters to the state competent department concerned for
examination and approval, and the customs shall make inspection and release
in accordance with relevant provisions. Except those for one’s own use, the
donation shall be turned over to the monopoly unit or be purchased by the
administrative department for goods and materials or the administrative
commercial department at a reasonable price, and the purchasing unit
(including the monopoly unit) shall pay the tax in accordance with relevant
provisions. The specific measures shall be formulated by the Ministry of
Materials and Equipment and the Ministry of Commerce in conjunction with
relevant departments, and implemented after submitted to and approved by the
State Council.

8. Donations by overseas Chinese and compatriots from Hong Kong, Macao
and Taiwan do not include donations of goods and materials or other various
aids given gratis to Chinese units by foreign representatives of foreign
investment enterprises or enterprises engaging in external processing and
assembling or compensation trade, by Chinese-funded institutions sent abroad
(or to the region of Hong Kong or Macao), or by foreign governments, foreign
non-governmental economic or trading organizations or foreign businessmen in
external contacts, which shall be handled in accordance with relevant
provisions of the state.

9. Those, under the guise of donation, acting in collaboration to
illegally procure foreign exchange, dodge licensing control, evade taxes or
commit other illegal activities such as scalping shall be punished according
to law with all their illegal earnings confiscated.

10. These Provisions shall enter into force on March 1, 1989. Donations
approved to accept before that day shall be handled in accordance with the
existing provisions. In case of any discrepancy between any existing document
and these Provisions, these Provisions shall prevail.

Appendix: List of Machinery and Electronics Products the Import of Which
Is Restricted under the Examination and Approval Control
1. Automobiles
Include chassis, various refitted automobiles, automobiles of various special
types or for various special uses, motors, drives and bodies (or driver’s
cabs).
2. Computers and their accessories
Include programmable computers, central processing units, soft and hard disk
drives (or drive mechanisms), printers, monitors or terminals, tape machines,
drawing machines and computer typewriters. Not include programmable units.
3. Televisions
Include projective televisions, industrial televisions and 14” or bigger
monitors.
4. Television picture tubes
5. Motorcycles and their motors and frames
6. Audio recorders
Include radio recorders, recording and playback machines, component stereo
systems, recorders used in language laboratories and car radio players.
7. Freezers and their compressors and bodies
Include refrigerators and food-display cabinets. Not include refrigerators
or freezing cabinets with a capacity of more than 340 liters or with a
minimum refrigeration temperature of lower than -40 centigrade degrees or
their compressors.
8. Washing machines
Not include washing machines with a capacity of more than 6 kilograms or
dry-cleaning machines.
9. Complete sets of video equipment, video recording and playback devices and
their inner works, magnetic heads, magnetic drums and components.
10. Photographic cameras and their bodies, shutters and viewfinders
Not include high-attitude, under-water, plate-making or fundus cameras.
11. Wristwatches
Include pointer quartz watches and pointer mechanical watches. Not include
digital quartz watches.
12. Air conditioners and their compressors
Include window-mounted, suspended and free-standing air conditioners. Not
include automotive air conditioners, aviation air conditioners or central
conditioning systems.
13. Photocopiers
Include card and engineering drawing photocopiers. Not include offset,
alcohol or gelatin photocopiers.
14. Audio or video tape dubbing equipment
Not include audio tape dubbing equipment with a velocity ratio of 1:8 or
lower.
15. Automotive hoisting machinery and their chassis
Not include front hoists.
16. Imaging devices
Include X-ray imaging devices (CT) and magnetic resonance imaging devices
(MRI). Not include gamma imaging devices.
17. Electron microscopes
18. Open-end spinning frames
19. Electron color scanners
20. Integrated circuit
Note: Products referred to above include their parts the import price for
which reaches to 60% of the import price for a single complete set of the
machinery of the same type.

REGULATIONS GOVERNING MANAGEMENT OF HIGHWAYS IN THE PRC

Regulations Governing Management of Highways in the PRC

CHAPTER I GENERAL PRINCIPLES

CHAPTER II HIGHWAY CONSTRUCTION

CHAPTER III HIGHWAY MAINTENANCE

CHAPTER IV HIGHWAY ADMINISTRATION

CHAPTER V LEGAL RESPONSIBILITIES

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 1 These regulations are formulated with a view to strengthening highway construction and management, making the best use of highways
in the national economy and defence, as well as in the people’s everyday lives, and coping with the needs of socialist modernisation.

Article 2 These regulations apply to national trunk highway (hereafter called national highway for short) provincial, autonomous regional,
and municipal highway (hereafter called provincial highway), county (hereafter called county road ), and township highway
(hereafter called township road ) in People’s Republic of China These regulations shall apply to accommodation highways where
applicable.

Article 3 The Ministry of Communications of the PRC is the institution in charge of the nation-wide highway undertaking.

Article 4 Highways shall be managed under unified leadership and at different levels.

National and provincial highway shall be built, maintained and managed by provincial, autonomous regional, and municipal departments
in charge of highways.

Trans-provincial, autonomous regional and municipal motorways of the national highway shall be built, maintained and managed
by special organisations approved by the Ministry of Communications.

County road shall be built, maintained and managed by county (city) departments in charge of highways.

Township road shall be built, maintained and managed by township (town) people’s governments.

Accommodation highway shall be built, maintained and managed by the organisations using the highways.

Article 5 No units or individuals are allowed to occupy or damage highways, land used for highways and highway facilities, which shall
be protected by state laws.

Article 6 Highway construction plans shall be based on the needs of the national economy and defence as well as the people’s everyday lives,
and co-ordinated with plans for railway, waterway, airway and pipeline construction and with urban planning.

Article 7 Plans for building national highway shall be formulated by the Ministry of Communications and submitted to the State Council
for examination and approval.

Plans for building provincial highway shall be formulated by the provincial, autonomous regional and municipal departments
in charge of highways, submitted to the provincial, autonomous regional and municipal people’s governments for examination
and approval, and reported to the Ministry of Communications for the record.

Construction plans for county road shall be worked out by prefectural- level city organisations in charge of highways
(or equivalent organisations ) and submitted to the provincial, autonomous regional and municipal people’s governments or
their agencies, for examination and approval.

Construction plans for township road shall be worked out by county departments in charge of highways, and submitted to the
county people’s governments for examination and approval.

Plans for building accommodation highways are to be formulated by organisations which shall use the highways, submitted
to higher authorities for examination and approval, and reported to local departments in charge of highways for the
record.

Article 8 The state encourages accommodation highways to be used for community transportation, accommodation highways used for community
transportation, with the approval of provincial, autonomous regional and municipal departments in charge of highways, may be
reclassified as provincial highways or county roads.

Article 9 Highway construction funds are to be raised through the following channels: investment by the state or local governments,
units which shall use the highways, Sino-foreign joint ventures, community funds, loans, surcharges on vehicle purchase,
and part of road maintenance fees.

Highways may also be constructed by civilian workers, community funds raised by society with government subsidies,
and pay workers in a disaster area as a form of relief to them.

Article 10 Departments in charge of highways may levy tools on vehicles that use motorways, first and second-grade highways, and large
highway bridges, tunnels and ferry piers, which are built with loans or funds raised by the departments, in order to repay
the loans or funds.

Rules imposing tolls shall be worked out by the Ministry of Communications with the agreement of the Ministry of
Finance and the State Administration of Commodity Prices.

Article 11 Land used for highway construction shall be dealt with in accordance with the “Land utilisation law of the PRC”.

Article 12 Land approved for building new highways, expanding original highway subgrade and adding new highway facilities in accordance with
a highway construction plan shall be incorporated into the general plan on land utilisation by the local people’s government.

Article 13 Highway construction units shall obtain prior approval from relevant departments when the construction affects the normal operations
of railway, pipeline, water conservancy, electric power, and postal and telecommunications facilities.

Article 14 Highway departments are responsible for the quality supervision and inspection of highway construction projects. Highways
that have not been checked in accordance with relevant state regulations before acceptance, should not be made available for
use.

Article 15 While a highway is under construction, necessary facilities for highway protection, maintenance and environmental protection
should be constructed at the same time as the highway construction.

Upon the completion of a highway, traffic signs should be erected in accordance with the appropriate regulations.

Article 16 Highway departments should strengthen highway maintenance. Ensure the good condition, evenness and smooth traffic of highways;
and improve the highways’ durability and resistance against natural disasters.

In carrying out highway repairs or maintenance, a time limit should be set for the job. When a highway is under repair, proper
measures should be taken to ensure the free passage of vehicles. If passage must be suspended temporarily, public security
and communications management agencies should be notified so that public notices can be issued in advance.

Article 17 Highway maintenance is performed under the system which integrates professional maintenance with maintenance performed
by civilian workers.

The number of labour days and vehicles used to perform highway maintenance by civilian workers should not exceed the state
standards.

Article 18 Units and individuals who possess cars should pay highway maintenance fees at the highway maintenance departments in accordance
with state regulations.

Article 19 Highway maintenance fees should be exclusively used for highway maintenance purposes within the limits designated
by the government. No unit or individual should transfer, divert, abuse, keep or default on highway maintenance fees.

Article 20 When highway transportation is blocked because of serious natural disasters, local governments at and above the county
level should immediately mobilise and organize nearby army units, government organs, organisations, schools and enterprises
and establishments as well as urban and rural residents to assist the highway department in restoring highway transport
within a set time limit.

Article 21 When earth and rocks form non-utilized lands, barren hills, rivers and streams, or beaches are needed for highway construction
or maintenance, agreement must first be obtained from local county (city) governments.

The removal of earth or rocks from the above-mentioned places should not in any way have an adverse effect upon any nearby water
conservancy, power or communications facilities, and farmland water and soil conservancy.

When earth or rocks are obtained from highway material sites approved by the local county (city) government, no unit or individual
should stand in the way or ask for payment under any pretext.

Article 22 Highway landscaping work will be under the overall planning and implementation of the highway departments.

Highway landscaping should be carried out in accordance with the highway technological standards.

No unauthorized felling of roadside forests or trees is allowed. Felling of roadside forests or trees for replanting purposes
must first be approved by the highway departments.

CHAPTER IV HIGHWAY ADMINISTRATION

Article 23 Departments in charge of highways are responsible for the management and protection of highways, land set aside for the exclusive
use by highways and highway facilities, and have the authority to investigate, stop and deal with all activities that
encroach upon or destroy highways, land for exclusive use by highways and highway facilities.

Article 24 Construction of facilities and the planting of crops are banned upon highways and land for exclusive use by highways. Also
banned is the use of roadside ditches for irrigation or drainage purposes.

Article 25 Cutting into a mountain, cutting timber and construction on both sides of highways should not endanger the safety of highways
and highway facilities.

Article 26 No excavation of sand, dike and dam construction, dumping of rubbish, reduction or expansion of river-beds, or demolition operations
may be carried out within 200m either upstream or downstream of large highway bridges and highway ferries. No unauthorised
removal of earth and rocks or cutting of timber is permitted above highway tunnels or within 100m of the entrances and
exits of highway tunnels.

Article 27 Vehicles and personnel that use a highway ferry must comply with the ferry’s management regulations.

Article 28 Without proper approval by highway departments, caterpillar tread vehicles and vehicles with iron-rimmed wheels are not permitted
to travel on paved highways. Vehicles or goods whose weights exceed the weight limit of a highway bridge should not be
allowed to cross the bridge. Under special conditions when they must travel on a highway or cross a highway bridge, effective
technical protection measures must be taken.

Article 29 When a highway must be dug or when the land reserved for use by a highway or highway facilities must be dug or used temporarily
to facilitate the construction of railways, airfields, power stations, reservoirs or irrigation canals, or the laying
of pipelines, the construction unit must obtain the approval of the highway department in advance. If the construction
affects the passage of vehicles, approval must also be obtained from the public security and communications departments.
On completion of construction, the construction unit must restore or rebuild the highway to its original status or in accordance
with the standard agreed upon between the construction unit and the highway department in advance.

Article 30 When building overhead bridges aqueducts or pipelines across highways, consideration must be given to the highway’s long-term
development, they must meet the highway’s technical standards, and approval must be obtained in advance from the local
highway, public security and communications departments.

Article 31 When construction projects of a permanent nature are being erected on either side of a highway, the distance from the edge of
the building facing the highway to the outer rim of the roadside ditch of the highway should be no less than 20m for state
highways, 15m for provincial highways, 10m for county roads, and 5m for township roads.

Article 32 When crossroads must be built on highways, approval must be obtained from the highway, public security and communications
administration departments.

The design and construction of crossroads must comply with state standards.

Article 33 With the approval of the provincial, autonomous regional or municipal people’s government, the highway departments may set up
toll stations and road tax check points at highway entrances, bridgeheads and ferry and tunnel entrances.

Article 34 In dealing with units or individuals who contravene the rules contained herein, departments in charge of highways may order
the unit or individual to return what he or it has taken, restore the highway to its original condition, compensate
for the losses he or it has caused, confiscate his or its illegal income or impose a fine, depending on the circumstances.

Article 35 In dealing with those who fail to pay the state-set maintenance fee or toll charge and those who Violate regulation on
usage of maintenance fee contained hereof, the highway departments may order them to pay up in addition to a fine, depending
on the circumstances.

Article 36 If the party or parties concerned refuse to accept the penalty imposed by the highway department, they may appeal to the
higher authorities. If the higher authorities’ decision is still considered unacceptable they may bring a lawsuit against
the highway department at the people’s court within 15 days of the receipt of the decision. When neither a suit is filed within
the time limit, nor the obligations are honoured, the highway department may ask the people’s court to enforce the penalty.

Article 37 For highway administrative personnel who violate these regulations, the highway department concerned may take disciplinary
or economic sanctions against them.

Article 38 Those who contravene these regulations shall be punishable in accordance with regulations governing offences against public order,
or will be dealt with by judicial organs if their contraventions are of a criminal nature.

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 39 The following terms used in these rules are defined as follows: “Highway” means roads travelled on by motor vehicles between
cities, between cities and the countryside and between various townships which have been checked and accepted by departments
in charge of highways. The term highway includes its highway subgrade pavement, brides, culverts and tunnels.

“Land exclusively for highway use” means land bordering the ditches (or water drainage ditches) on both sides of a highway which
should extend to no less than a meter from the edge of the ditches. Just exactly how far from the edge of the roadside
ditches the land for use by highways should extend is to be decided by the people’s government at and above the county
level.

“Highway facilities” mean drainage facilities; protection installations; crossroads; boundary markers; survey stakes; safety,
communications, checking, supervision, control, maintenance, and service facilities; flower beds; lawns; trees; and special-purpose
buildings.

Article 40 The Ministry of Communications is responsible for the interpretation of these rules and will formulate detailed regulations
to implement them.

Article 41 This Rules will come into effect on 1st January,1988.

MEASURES FOR THE CONTROL OF THE SUBSTITUTION OF MACHINERY AND ELECTRICAL APPLIANCES MANUFACTURED BY CHINESE-FOREIGN EQUITY JOINT VENTURES AND CHINESE-FOREIGN CONTRACTUAL JOINT VENTURES FOR SIMILAR IMPORTED PRODUCTS

Category	FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1987-10-07	Effective Date	1987-10-07

Measures for the Control of the Substitution of Machinery and Electrical Appliances Manufactured by Chinese-foreign Equity Joint Ventures and Chinese-foreign Contractual Joint Ventures for Similar Imported Products

Measures
Appendix:

(Approved by the State Council and promulgated by the State Economic

Commission on October 7, 1987)
Measures

Article 1 These Measures are formulated in accordance with the pertinent
provisions in Procedures for the Substitution of Products Manufactured by
Chinese-foreign Equity Joint Ventures and Chinese-foreign Contractual Joint
Ventures for Similar Imported Products, approved by the State Council and
promulgated by the State Planning Commission.

Article 2 Enterprises which satisfy the following conditions may make an
application for the inclusion of their products in the Catalogue of the
Substitution of Home-made Machinery and Electrical Appliances for Similar
Imported Products (hereinafter referred to as the “Catalogue”):

(1) Chinese-foreign equity joint ventures and Chinese-foreign contractual
joint ventures (hereinafter referred to as “the enterprises”), which are
capable of providing advanced technology that satisfies domestic needs, and are
engaged in the development of new products, thereby realizing the upgrading of products and the replacement of old products with
new ones, but which are at
present confronted with the temporary difficulties of an imbalance in foreign
exchange and are badly in need of support;

(2) the machinery and electrical appliances manufactured by the enterprises
are the same in performance and quality as similar products produced in
foreign countries, they can satisfy the needs of domestic users, and their
prices (the prices after taxation) are no higher than the prices of similar
imported products produced abroad;

(3) the machinery and electrical appliances manufactured by the enterprises
are in the categories that the domestic users want to import;

(4) the enterprises execute their obligations to export products in
accordance with the approved contracts.

Article 3 Chinese-foreign equity joint ventures and Chinese-foreign
contractual joint ventures, which apply for the substitution of their products
for similar imported foreign goods, shall prove by an ample demonstration and
appraise the feasibility of substituting their products for similar imported
ones at the time when they submit their feasibility studies report for
examination and approval.

Article 4 After the enterprises have gone into production, if their
products are in conformity with the stipulations of Article 2 mentioned above
and they request to have their products included in the State catalogue of the
substitution of home-made products for similar imported ones, the enterprises
shall make an application to the department concerned, and submit duplicates of the application separately to the State Economic
Commission, the Ministry of
Foreign Economic Relations and Trade, and the local economic commission. The
application shall be accompanied with an application form for the substitution
of home-made machinery and electrical appliances for similar imported products,
a certification document testifying to the quality of the products, and report
on market demand projection for the said products; and the application shall
be examined and verified by the department concerned which shall, after
affixing its comments and seal to the application, transmit the application to
the State Economic Commission and the State Administration of Foreign Exchange
Control for examination and approval. Generally, the period of time for the
examination and approval shall not exceed two months, and the approved items
shall be promulgated by the State Economic Commission for execution.

Article 5 The users who need the products listed in the Catalogue may
place an order directly with the enterprises, or the China Bidding Center for
Machinery and Electrical Equipment (or other bidding agencies authorized by the
State Economic Commission) shall, in accordance with the pertinent provisions
promulgated by the State, organize bidding, thus providing advice to users for
purchasing home-made products to substitute for similar imported ones.

Article 6 Enterprises which sell machinery and electrical appliances
listed in the State catalogue of the substitution of home-made products for
similar imported goods may, with the approval of the administration of foreign
exchange control, collect part of the payment for goods in foreign exchange,
and the amount shall decrease progressively in accordance with the rate of
progress for the replacement of imported products with home-made ones,
specified in the contract or feasibility studies report.

Article 7 The bulk parts, spare parts, components, fittings and raw
materials, which the enterprises need for the production of machinery and
electrical appliances listed in the State catalogue of the substitution of
home-made products for similar imported goods, may be considered as bonded
goods and be placed under the surveillance of the Customs. Where the users
enjoy the preferential treatment of reduction of or exemption from duties when
they import the aforesaid machinery and electrical appliances directly from
abroad, the enterprises shall enjoy the same preferential treatment of
reduction of or exemption from duties when they import the said raw materials,
spare parts and components to produce similar machinery and electrical
appliances and sell them to the said users.

Article 8 The right to interpret these Measures shall reside in the State
Economic Commission.

Article 9 These Measures shall go into effect as of the date of
promulgation.
Appendix:

The catalogues of the first lot of machinery and electrical appliances used
in substituting for similar imported products and promulgated simultaneously
by the State Economic Commission: the first is SPECTRUM – the control system of the centralized/decentralized type (including field
input/output
installations, each station 1024 BIT data collecting set, sequence control,
programming control set, CRT operating station, industrial controller), the
enterprise that produces these products is the Shanghai Fawkes-Polo Co. Ltd.;
the second is MICONIC – B elevator (rated speed 1.6 M/S, carrying capacity
1,000 KG), the enterprise that produces this product is the Shanghai Elevators
Factory of the China Schindler Elevators Company.?

CERTAIN REGULATIONS ON THE MONITORING AND CONTROL OF AIDS

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON EXERCISING CRIMINAL JURISDICTION OVER CRIMES PRESCRIBED IN THE INTERNATIONAL TREATIES TO WHICH THE PEOPLE’S REPUBLIC OF CHINA IS A PARTY OR HAS ACCEDED

Decision of the Standing Committee of the National People’s Congress on Exercising Criminal Jurisdiction over Crimes Prescribed in the International Treaties to Which the People’s Republic of China Is a Party or Has Acceded



	(Adopted at the 21st Meeting of the Standing Committee of the Sixth National People’s Congress on June 23, 1987) The 21st Meeting of the Standing Committee of the Sixth National People’s Congress resolves that the People’s Republic of China shall, within the scope of its treaty obligations, exercise criminal jurisdiction over crimes prescribed in the international treaties to which the People’s Republic of China is a party or has acceded. Appendixes: The Relevant Clauses of the International Conventions I. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents The second paragraph of Article 3: “Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these crimes in cases where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.” Article 7: “The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.” II. Convention for the Suppression of Unlawful Seizure of Aircraft The second paragraph of Article 4: “Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.” Article 7: “The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. “Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.” III. Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation The second paragraph of Article 5: “Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 (a), (b) and (c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.” Article 7: “The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. “Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.” IV. The Convention on the Physical Protection of Nuclear Material The second paragraph of Article 8: “Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these offences in cases where the alleged offender is present in its territory and it does not extradite him pursuant to Article 11 to any of the States mentioned in paragraph 1.” V. International Convention Against the Taking of Hostages The second paragraph of Article 5: “Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 1 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this Article.” The first paragraph of Article 8: “The State Party in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.”

IMPLEMENTATION MEASURES OF THE MINISTRY OF FINANCE FOR PUTTING INTO EFFECT THE PREFERENTLAL TERMS ON TAXATION PROVIDED IN "THE PROVISIONS OF THE STATE COUNCIL FOR THE ENCOURAGEMENT OF FOREIGN INVESTMENT"

China Laws

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS CONCERNING THE SUPPRESSION OF THE FALSIFICATION, COUNTERFEITING, AND ILLEGAL...

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING HALTING THE DEVELOPMENT OF PYRAMID RETAILING

MEASURES OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OVER IMPORT AND EXPORT GOODS OF THE DEVELOPMENT ZONES OF THE STATE HIGH/NEW TECHNOLOGICAL INDUSTRIES

RAILWAY LAW

REGULATIONS ON ADMINISTRATIVE RECONSIDERATION

INTERIM PROCEDURES FOR THE ADMINISTRATION OF FOREIGN INVESTMENT IN THE DEVELOPMENT AND MANAGEMENT OF WHOLE AREAS OF LAND

PROVISIONS CONCERNING THE ADMINISTRATION OF IMPORTED GOODS AND MATERIALS DONATED BY OVERSEAS CHINESE AND COMPATRIOTS FROM HONG KONG, MACAO AND TAIWAN

REGULATIONS GOVERNING MANAGEMENT OF HIGHWAYS IN THE PRC

MEASURES FOR THE CONTROL OF THE SUBSTITUTION OF MACHINERY AND ELECTRICAL APPLIANCES MANUFACTURED BY CHINESE-FOREIGN EQUITY JOINT VENTURES AND CHINESE-FOREIGN CONTRACTUAL JOINT VENTURES FOR SIMILAR IMPORTED PRODUCTS

CERTAIN REGULATIONS ON THE MONITORING AND CONTROL OF AIDS

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON EXERCISING CRIMINAL JURISDICTION OVER CRIMES PRESCRIBED IN THE INTERNATIONAL TREATIES TO WHICH THE PEOPLE’S REPUBLIC OF CHINA IS A PARTY OR HAS ACCEDED

IMPLEMENTATION MEASURES OF THE MINISTRY OF FINANCE FOR PUTTING INTO EFFECT THE PREFERENTLAL TERMS ON TAXATION PROVIDED IN "THE PROVISIONS OF THE STATE COUNCIL FOR THE ENCOURAGEMENT OF FOREIGN INVESTMENT"

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

CONSTITUTION ACT, 1982 – page 17

CONSTITUTION ACT, 1982 – page 16

CONSTITUTION ACT, 1982 – page 12

CONSTITUTION ACT, 1982 – page 11

CONSTITUTION ACT, 1982 – page 10

CONSTITUTION ACT, 1982 – page 9

CONSTITUTION ACT, 1982 – page 8

CONSTITUTION ACT, 1982 – page 7