PROVISIONAL RULES ON INSPECTION OF PACKING FOR DANGEROUS EXPORT GOODS TRANSPORTED BY SEA
REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF FOREIGN BANKS AND CHINESE-FOREIGN EQUITY JOINT BANKS IN THE SPECIAL ECONOMIC ZONES
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19940401
The State Council Regulations of the People’s Republic of China for the Administration of Foreign Banks and Chinese-foreign Equity Joint Banks in the the State Council April 2, 1985 Article 1 These Regulations are formulated with a view to expanding international economic and financial co-operation, facilitating the inflow Article 2 The term “foreign-funded banks” referred to in these Regulations means the branch banks established in the special economic zones The term “Chinese-foreign equity joint banks” referred to in these Regulations means banks jointly funded and operated in the special Article 3 foreign-funded banks and Chinese-foreign equity joint banks shall abide by the laws and regulations of the People’s Republic of China Article 4 To establish in a special economic zone a foreign bank or a Chinese-foreign equity joint bank, an application shall be filed with The branch banks of the People’s Bank of China in the special economic zones shall exercise administration and supervision over the The State Administration of Foreign Exchange Control shall be responsible for the issuance of the licence for business operations Article 5 Application for the establishment of a foreign bank or a Chinese-foreign equity joint bank shall be handled in accordance with the 1. If a bank with foreign capital intends to establish a branch bank in a special economic zone, the head office of the bank shall file (1) a written application duty signed by the chairman of the board of directors or the general manager with the authorization of the board (2) articles of association of the head office of the bank, the composition of the board of directors, the balance sheets, statements (3) a copy of the business licence verified and issued by the competent authorities in the country or region where the bank is located; (4) letters of undertaking issued by the head office of the bank assuming the tax and debt repayment obligations for the intended branch 2. For the establishment of the head office of a foreign bank in a special economic zone, the foreign investors concerned shall file (1) a written application for the establishment of the foreign bank, containing such information as the name of the head office of the (2) articles of association; (3) a list of the candidates for the board of directors, including its chairman and vice-chairmen, and the directors nominated by the (4) data about the status of the assets and liabilities of the investors attached with documents certified by a notary office. 3. For the establishment of a Chinese-foreign equity joint bank in a special economic zone, all investing parties thereto shall jointly (1) a written application for the establishment of the equity joint bank, containing such information as the name of the equity joint (2) a feasibility study report jointly prepared by all the investing parties thereto; (3) the draft agreement, contract and articles of association of the equity joint bank initialled by the authorized representatives of (4) a list of the candidates for the board of directors, including its chairman and vice-chairmen, jointly nominated by all the investing 4. Where foreign-funded banks and Chinese-foreign equity joint banks established in the special economic zones intend to establish separate If any of the documents and data referred to in paragraph 1 of this Article is written in a foreign language, they shall be attached Article 6 The People’s Bank of China shall, based on the application of a foreign bank or a Chinese-foreign equity joint bank, grant approval 1. loans in the domestic currency and in foreign currencies and discount of negotiable instruments; 2. inward remittances from foreign countries or from Hong Kong and Macao regions and collection of foreign exchange; 3. settlement for export transactions, and mortgage in foreign currency; 4. exchange of foreign currencies and of negotiable instruments in foreign currencies; 5. investment in the domestic currency or in foreign currencies; 6. gurantees of the domestic currency and foreign currencies; 7. deals in stocks and securities; 8. trust and safe deposit box services, credit and financial standing investigations and consultancy services; 9. outward remittances by enterprises with overseas Chinese capital, foreign-capital enterprises, Chinese-foreign equity joint ventures 10. deposits in the domestic currency and in foreign currencies and overdrafts by enterprises with overseas Chinese capital, foreign-capital 11. handling deposits or loans in foreign exchange in foreign countries or in Hong Kong and Macao regions; and 12. other business operations. Article 7 The registered capital of the head office of a foreign bank or a Chinese-foreign equity joint bank established in a special economic The paid-in capital and the operating funds of a foreign bank or a Chinese-foreign equity joint bank shall be raised in full within Article 8 A foreign bank or a Chinese-foreign equity joint bank shall, within 30 days following the day on which its establishment is approved, Where a foreign bank or a Chinese-foreign equity joint bank fails to commence its business operations within 12 months following the Article 9 The total amount of loans granted by the head office of a foreign bank or by a Chinese-foreign equity joint bank in a special economic Article 10 The business operations in exchange and settlement between the domestic currency and foreign currencies of a foreign bank or of a The rates of interest with respect to the various kinds of deposits, loans, overdrafts and discount of negotiable instruments in the Article 11 A foreign bank or a Chinese-foreign equity joint bank that handles various deposits in the domestic currency or in foreign currencies Article 12 foreign-funded banks and Chinese-foreign equity joint banks shall submit to the blanch banks of the People’s Bank of China in the 1. prior to the 10th of each month, the balance sheet of the previous month shall be submitted; 2. prior to the 15th of the first month of each quarter, a breakdown of deposits and loans, a breakdown of outward and inward remittances 3. prior to the end of March of each year, the balance sheet, the statement of profit and loss and the statement of account balance of Article 13 The branch banks of the People’s Bank of China in the special economic zones shall have the right to examine the position of business Article 14 A foreign bank may remit abroad the profit that remains after tax has been paid in accordance with the law. The head office of a foreign bank or a Chinese-foreign equity joint bank established in a special economic zone shall, in accordance Foreign staff and staff from Hong Kong and Macao regions of a foreign bank or of a Chinese-foreign equity joint bank may remit abroad Article 15 A foreign bank or a Chinese-foreign equity joint bank that is to terminate its business operations shall, 30 days prior to the termination A foreign bank or a Chinese-foreign equity joint bank that is to suspend its business operations shall, in accordance with the provisions Upon the completion of liquidation as referred to in the preceding paragraph, the foreign bank or Chinese-foreign equity joint bank Article 16 In the case where a foreign-funded bank or a Chinese-foreign equity joint bank violates these Regulations or any other financial regulations, If a foreign-funded bank or a Chinese-foreign equity joint bank violates the laws and regulations to an especially serious extent, Article 17 These Regulations shall also apply to banks and financial institutions with overseas Chinese capital or with capital from Hong Kong Article 18 The People’s Bank of China shall be responsible for the interpretation of these Regulations. Article 19 These Regulations shall enter into force as of the date of promulgation. |
The State Council
1985-04-02
RULES FOR IMPLEMENTATION OF THE PATENT LAW
| Category | INTELLECTUAL PROPERTY RIGHT | Organ of Promulgation | The State Council | Status of Effect | With An Amendment Existing |
| Date of Promulgation | 1985-01-19 | Effective Date | 1985-04-01 |
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Rules for Implementation of the Patent Law of the People’s Republic of China |
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Chapter I General Provisions
Chapter II Application for Patent
Chapter III Examination and Approval of Patent Applications
Chapter IV Invalidation of Patent Right
Chapter V Compulsory License for Exploitation of a Patent
Chapter VI Rewards to Inventor or Designer of Job-Related
Chapter VII Patent Administrative Authorities
Chapter VIII Patent Register and Patent Gazette
Chapter IX Fees
Chapter X Supplementary Provisions
(Approved by the State Council and promulgated by the Patent Office of
the People’s Republic of China on January 19, 1985) (Editor’s Note: For the
revised text, see Rules for Implementation of the Patent Law of the People’s
Republic of China approved and amended by the State Council on December 12,
1992 and promulgated by Decree No.3 of the Patent Office of the People’s
Republic of China on December 21, 1992)
Chapter I General Provisions
Article 1 These Rules are formulated in accordance with the provisions
of Article 68 of the Patent Law of the People’s Republic of China (hereinafter
referred to as “the Patent Law”).
Article 2 “Invention” in the Patent Law means any new technical solution
relating to a product, a process or an improvement thereof.
“Utility model” in the Patent Law means any new technical solution
relating to the shape, the structure, or their combination, of a product,
which is fit for practical use.
“Design” in the Patent Law means any new design of the shape, pattern,
colour, or their combination, of a product, which creates an aesthetic feeling
and is fit for industrial application.
Article 3 All the procedures provided for by the Patent Law and these
Rules shall be conducted in a written form.
Article 4 Any document submitted under the Patent Law and these Rules
shall be in Chinese. The standard scientific and technical terms shall be used
whenever there are such standard terms as prescribed by the State. Where no
generally accepted translation in Chinese can be found for the name of a
foreigner or a foreign locality or a foreign scientific or technical term, the
one in the original language shall be also indicated.
Where any certificate or certifying document which is submitted in
accordance with the Patent Law or these Rules is in a foreign language, the
Patent Office may require that a Chinese translation be also submitted within
a specified time limit.
Article 5 For any document mailed by the Patent Office to the addressee
residing in any of the municipalities directly under the people’s governments
of provinces, autonomous regions or above, the 8th day from the date of
mailing, shall be presumed to be the receiving date, and for that mailed to
the addressee residing in any of the other places, the 16th day from the date
of mailing shall be so presumed.
For any document sent to the Patent Office by the applicant by mail, the
date of mailing indicated by the postmark shall be the date of filing. If the
date of mailing indicated by the postmark on the envelope is not readable, the
date on which the Patent Office receives the document shall be presumed to be
the date of filing, except where the date of mailing is proved by the
applicant.
Article 6 The first day of any time limit prescribed in the Patent Law or
these Rules shall not be counted. Where a time limit is counted by year or by
month, it shall expire on the corresponding day of the last month; if there is
no corresponding day in that month, the time limit shall expire on the last
day of that month. If a time limit expires on an official holiday, the time limit shall
expire on the first working day after that official holiday.
Article 7 Where a time limit prescribed in the Patent Law or these Rules
or specified by the Patent Office is not met because of force majeure or any
other justifiable reason, the applicant, the patentee or any other interested
party may, within one month from the day on which the impediment is removed,
state the reasons and request for an extension of the time limit, with the
exception of the time limits prescribed in Article 24, Article 29, the first
sentence of Article 41, Article 45 and Article 61 of the Patent Law.
Before the expiration of any time limit specified by the Patent Office, an
applicant who, on the basis of a justified reason, wishes to have the time
limit extended may make a request, accompanied with relevant proof, to the
Patent Office.
Article 8 Where the invention-creation for which a patent is applied by a
unit of the national defense system relates to the security of the State and
is required to be kept secret, the application for patent shall be filed with
the patent organization set up by the competent department of science and
technology of national defense. The Patent Office shall make a decision on the
basis of the observations on the examination of the application presented by
the said patent organization.
Article 9 Subject to the preceding Article, the Patent Office, after
receiving an application for patent which is required to be examined for the
purpose of security, shall send it to the competent department concerned of
the State Council for examination. The said department shall, within 4 months
from the receipt of the application, send a report on the results of the
examination to the Patent Office. Where the invention-creation for which a
patent is applied is required to be kept secret, the Patent Office shall
handle it as a secret application for patent and notify the applicant
accordingly.
Article 10 A job-related invention-creation made by any person in
execution of the tasks of the unit to which he belongs as mentioned in Article
6 of the Patent Law, refers to invention-creation made
(1) in the course of performing his own duty;
(2) in the execution of any task, other than his own duty, which was
entrusted to him by the unit to which he belongs;
(3) within 1 year from his resignation, retirement or change of work,
where the invention-creation relates to his own duty or the other task
entrusted to him by the unit to which he previously belonged.
Material resources of the unit, as mentioned in Article 6 of the Patent
Law, refer to the unit’s money, equipment, spare parts, raw materials, or
technical data which are not to be disclosed to the public.
Article 11 An inventor or designer as mentioned in the Patent Law refers
to any person who has made creative contributions to the substantive features
of the invention-creation. Any person who, in the course of accomplishing the
invention-creation, is responsible only for organizational work, or who offers
facilities for making use of material resources, or who takes part in other
auxiliary services, shall not be regarded as inventors or designers.
Article 12 Two or more applicants who file, on the same day, applications
for patent on the same invention-creation, as provided for in Article 9 of the
Patent Law, shall, after receiving a notification from the Patent Office, hold
consultation among themselves so as to decide who shall be the applicant.
Article 13 The patentee who has concluded any licensing contract for
exploitation of the patent with another party shall, within 3 months from the
entry into force of the contract, submit the contract to the Patent Office for
the record.
Article 14 The patent agencies as mentioned in Paragraph 1, Article 19,
and Article 20, of the Patent Law refer to the China Council for the Promotion
of international Trade, the Shanghai Patent Agency, the China Patent Ltd. and
other patent agencies designated by the State Council.
Article 15 Any applicant who entrusts a patent agency to file an
application for a patent or deal with other patent matters with the Patent
Office, shall submit at the same time a power of attorney which shall indicate
the scope of the power entrusted.
Chapter II Application for Patent
Article 16 Anyone who applies for a patent shall submit application
documents in duplicate.
Article 17 Other related matters to be stated in a written request as
mentioned in Paragraph 2, Article 26, of the Patent Law refer to:
(1) the nationality of the applicant;
(2) where the applicant is an enterprise or other organization, the name
of the country in which the applicant has its head office;
(3) where the applicant has entrusted a patent agency, the name and
address of the patent agency and the name of the patent agent;
(4) where the applicant is a unit, the name of its representative;
(5) where the priority is claimed, the relevant matters which shall be
indicated;
(6) the signature or the seal of the applicant;
(7) a list of the documents constituting the application;
(8) a list of the documents appending the application.
Where there are two or more applicants and where they have not entrusted a
patent agency, they shall designate a representative; if no representative is
designated, the applicant first signed shall be considered as the
representative.
Where an application for a patent on a design is filed, a brief
description of the design shall, when necessary, be included.
Article 18 Except where the nature of the invention or utility model
calls for a different mode and order of presentation, the description of an
application for a patent for invention or utility model shall, in the
following order:
(1) state the post_title of the invention or utility model as appearing in
the request;
(2) specify the technical field to which the invention or utility model
relates;
(3) indicate the existing technology which, as far as known to the
applicant, can be regarded as useful for the understanding, searching and
examination of the invention or utility model, and cite the documents
reflecting such technology;
(4) specify the objective which the invention or utility model is
designed to achieve;
(5) disclose the invention or utility model in a manner sufficiently
clear and complete so that an ordinary technician in the relevant field of
technology can carry it out;
(6) state the merits or effective results of the invention or utility
model as compared with the prior art;
(7) briefly describe the figures in the drawings, if any;
(8) describe in detail the best mode contemplated by the applicant for
carrying out the invention or utility model, with reference to the drawing, if
any.
The description of the invention or utility model may contain chemical or
mathematical formulae but no commercial advertising.
Article 19 The same sheet of drawings may contain several figures of the
invention or utility model. The figures shall be numbered consecutively in
Arabic numerals and arranged in numerical order.
The scale and the distinctness of the drawings shall be such that a
reproduction with a linear reduction in size to two-thirds will still enable
all details to be clearly distinguished.
Reference signs used in the drawings of an application shall be consistent
throughout. Reference signs not appearing in the description of the invention
or utility model shall not appear in the drawings.
The drawings shall not contain any other explanatory notes, except words
which are indispensable.
Article 20 The claims shall define clearly and concisely the matter for
which protection is sought in terms of the technical features of the invention
or utility model.
If there are several claims, they shall be numbered consecutively in
Arabic numerals.
The technical terminology used in the claims shall be consistent with that
used in the description. The claims may contain chemical or mathematical
formulae but no drawings. They shall not, except where absolutely necessary,
contain such references to the description or drawing “as described in part…
of the description”, or “as illustrated in figure… of the drawings”.
Article 21 Claims may be independent or dependent.
An independent claim shall outline the essential technical contents of an
invention or utility model and describe the indispensable technical features
constituting the invention or utility model.
A dependent claim relying on the reference to one or more other claims
shall refer only to the preceding claim or claims.
Article 22 Except where the nature of the invention or utility model
calls for other forms of expression, an independent claim shall be presented in
the following form:
(1) a preamble indicating the technical field to which the invention or
utility model pertains and the technical features of the prior art which
relate closely to the subject matter of the invention or utility model;
(2) a characterizing portion, stating, in such words as “the invention (or
utility model) is characterized in that…” or in similarly concise
expressions, the technical features of the invention or utility model, which,
in combination with the features stated in the preamble, constitute those to
be protected.
Each invention or utility model shall have only one independent claim,
which shall precede all the dependent claims relating to the same invention or
utility model.
Article 23 Except where the nature of the invention or utility model
calls for other forms expression, a dependent claim shall be presented in the
following form:
(1) a reference portion, indicating the serial number(s) of the claim(s)
referred to. Where possible, the reference to the serial number shall be
placed at the beginning of the claim(s);
(2) a characterizing portion, which by stating the additional technical
features of the invention or utility model, further defines the technical
features cited in the reference portion.
Dependent claims referring to more than two other claims shall not serve
as reference to each other.
Article 24 The abstract shall indicate the technical field to which the
invention or utility model pertains, the technical problems to be solved, the
essential technical features and the use or uses of the invention or utility model. The abstract may, where applicable, contain the
chemical formula or the
figure which best characterizes the invention or utility model. The whole text
of the abstract shall contain preferably not more than 200 words.
Article 25 Where an application for a patent for invention concerns a
micro-biological process or a product thereof and involves the use of a
micro-organism which is not available to the public, the applicant shall, in
addition to the other requirements provided for in the Patent Law and these
Rules,
(1) deposit a sample of the micro-organism with a depositary institution
designated by the Patent Office before the date of filing, or, at the latest,
on the date of filing;
(2) give in the application document relevant information of the
characteristics of the micro-organism;
(3) indicate in the request the scientific name (with its Latin name) and
the name of the depositary institution, the date on which the sample of the
micro-organism was deposited and the file number of the deposit, and submit a
receipt of deposit from that institution.
Article 26 After the publication of an application for a patent for
invention relating to a micro-organism, any unit or individual which or who
intends to make use of the micro-organism mentioned in the application for the
purpose of experiment shall make a request to the Patent Office containing the
following:
(1) the name and address of the unit or individual making the request;
(2) an undertaking by the unit or individual making the request not to
make the micro-organism available to any other person;
(3) an undertaking to use the micro-organism for experimental purpose only
before the grant of the patent right.
Article 27 The size of drawings or photographs of a design submitted in
accordance with the provisions of Article 27 of the Patent Law shall not be
smaller than 3 cm x 8 cm, nor larger than 19 cm x 27 cm.
The applicant may submit for each design drawings or photographs of
difierent angles, sides or positions so as to clearly show the object for
which protection is sought. The applicant shall indicate on each drawing or
photograph the angle, side or position, and mark on the top left and right of
the back of drawing or photograph its consecutive number and the name of the
applicant.
Article 28 Where an application for a patent for design seeking
protection of colours is filed, a drawing or photograph in colour, and a
drawing or photograph in white and black, shall be submitted, and a statement
of the colours for which protection is sought shall be made on the drawing or
photograph in white and black.
Article 29 Where the Patent Office finds it necessary, it may require the
applicant for a patent on design to submit a sample or model of the product
incorporating the design. The volume of the sample or model submitted shall
not exceed 30 cm x 30 cm x 30 cm, and its weight shall not surpass 15 kilos.
Articles easily perishable or fragile, or articles that are dangerous shall
not be submitted as sample or model.
Article 30 Academic or technical conferences mentioned in Item (2) of
Article 24 of the Patent Law mean any academic or technical conference
organized by a competent department concerned of the State Council or by a
national academic association.
Article 31 Where any application for a patent fails under the provisions
of Item (1) or Item (2) of Article 24 of the Patent Law, the applicant shall,
when filing the application, make a declaration and, within a time limit of 2
months from the date of filing, submit a certificate issued by the unit which organized the international exhibition or academic or
technical conference,
stating that the invention-creation was in fact exhibited or made public there
and also the date of its exhibition or making public.
Where any application for a patent falls under the provisions of item (3)
of Article 24 of the Patent Law, the Patent Office may, when necessary,
require the applicant to submit the relevant proof.
Article 32 Where the applicant for a patent on invention claims priority,
it or he shall, within 15 months from the date on which it or he first filed
the application in a foreign country, submit the filing number accorded by
that country.
Article 33 Where two or more priorities are claimed for an application
for a patent, the priority period for the application shall be calculated from
the earliest priority date.
Article 34 Where an application for a patent is filed by any foreigner,
foreign enterprise or other foreign organization having no habitual residence
or business office in China, the Patent Office may, when there is any doubt,
require the applicant to submit the following documents:
(1) a certificate concerning the nationality of the applicant;
(2) a certificate concerning the seat of the headquarters of a foreign
enterprise or other foreign organization;
(3) a testimonial showing that the country, to which the foreigner,
foreign enterprise or other foreign organization belongs, recognizes that
Chinese citizens or units are, under the same conditions applied to its
nationals, enpost_titled to patent rights and other related rights in that country.
Article 35 According to the provisions in Paragraph 1, Article 31 of the
Patent Law, the claims in a patent application for an invention or utility
model may be any of the following:
(1) two or more independent claims of the same category of product or
process, which cannot be included in one claim;
(2) an independent claim for a product as well as for the process
specially adopted for the manufacture of that product;
(3) an independent claim for a product as well as for the use of that
product;
(4) an independent claim for a product, the process specially adopted for
the manufacture of that product as well as for the use of that product;
(5) an independent claim for a product, the process specially adopted for
the manufacture of that product, as well as for the equipment specially
designed for carrying out the process;
(6) an independent claim for a process as well as for the equipment
specially designed for carrying out that process;
(7) an independent claim for a process as well as for the product directly
manufactured by carrying out that process.
Article 36 Where a patent application for a design contains two or more
designs in accordance with the provisions in Paragraph 2, Article 31 of the
Patent Law, the designs shall be numbered consecutively and the products
incorporating the designs shall be indicated in the request of the
application. The consecutive numbers shall be marked on the bottom left of the
back of the drawings or photographs of the design.
Article 37 When withdrawing a patent application, the applicant shall
submit to the Patent Offfice a declaration stating the post_title of the
invention-creation, the filing number and the date of filing.
Where a declaration to withdraw the patent application is submitted after
the printing preparation has been done by the Patent Office for publication of
the application documents, the application shall be published as scheduled.
Chapter III Examination and Approval of Patent Applications
Article 38 In any of the following cases, an examiner or a member of the
Patent Reexamination Board shall, on his own initiative or upon the request
of the applicant or any other interested party, withdraw from his office:
(1) where he is a close relative of the applicant or the patent agent;
(2) where he has an interest in the patent application;
(3) where he has such other kinds of relations with the applicant or the
patent agent that might influence the impartial examination of the application.
Where a member of the Patent Reexamination Board has taken part in the
examination of the application, the provisions of the preceding paragraph
shall apply.
Article 39 Upon the receipt of a written request, a description (a
drawing being indispensable for utility model) and one or more claims for a
patent for an invention or utility model, or a written request and one or more
drawings or photographs showing the design for a patent application for
design, the Patent Office shall accord the date of filing and a filing number,
and notify them to the applicant.
Article 40 If the application documents submitted do not contain a
request or a description or claims, or if they are not in conformity with the
provisions of Article 27 of the Patent Law, the Patent Office shall reject the
application and notify the applicant accordingly.
Article 41 Where the description of an invention mentions that it
contains “explanatory notes to the drawings” but the drawings are missing, the
applicant shall, within the time limit specified by the Patent Office, either
furnish the drawings or make a declaration for the deletion of the
“explanatory notes to the drawings”. If the drawings are submitted later, the
date of their delivery at, or mailing to, the Patent Office shall be the date
of filing of the application; if the “explanatory notes of the drawings” are
deleted, the original date of filing shall be retained.
Article 42 Where an application for a patent contains two or more
inventions, utility models or designs, the applicant may, at any time before
the announcement of the application under Article 39 or Article 40 of the
Patent Law, or after the said announcement at the time when the Patent Office
considers the filing of a divisional application is justified, submit to the
Patent Office a request for the division of the application and divide it on
its or his own initiative into several applications.
If the Patent Office finds that the application for a patent is not in
conformity with the provisions of Article 31 of the Patent Law and Article 35
of these Rules, it shall require the applicant to divide the application
within a specified time limit. If, without any justified reason, the applicant
does not give any response within the time limit, the application shall be
deemed to have been withdrawn.
Article 43 For divisional applications filed in accordance with
Article 42 of these Rules, the original date of filing of the application may
be retained, provided that they do not go beyond the scope as contained in the
original description.
Article 44 Where, upon preliminary examination, the Patent Office finds
that a patent application obviously fails under Article 3 or Article 25 of the
Patent Law, or is obviously not in conformity with Article 18 or Article 19 of
the Patent Law or Article 2 of these Rules, it shall require the applicant to
present its or his observations within a specified time limit. If the
applicant, without any justified reason, fails to meet the time limit for
presenting observations, the application shall be deemed to have been
withdrawn.
Where, after the applicant has made the observations, the Patent Office
still finds that the application is obviously not in conformity with the
provisions of the articles cited in the preceding paragraph, the application
shall be rejected.
Article 45 Where a patent application belongs to any of the following
cases, the applicant shall, within a time limit specified by the Patent
Office, make due rectification:
(1) the written request is not presented in the prescribed form or the
indications therein are not in conformity with the requirements; (2) the description and its drawings or the
claims of the invention or
utility model are not in conformity with the relevant provisions;
(3) the patent application for an invention or utility model does not
contain an abstract;
(4) the drawings or photographs contained in the patent application for a
design are not in conformity with the relevant provisions;
(5) a patent agency is entrusted, but no power of attorney is submitted;
(6) any other deficiencies which call for rectifications.
If the applicant, without any justified reason, fails to meet the time
limit for rectifying the deficiencies, the application shall be deemded to
have been withdrawn. If, after the rectification, the patent application is
still not in conformity with the relevant provisions of the Patent Law or
these Rules, it shall be rejected.
&nbs
INTERIM PROVISIONS CONCERNING IMPOSITION OF CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX AND ENTERPRISE INCOME TAX ON RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES
| Category | TAXATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1985-05-15 | Effective Date | 1985-01-01 |
|
Interim Provisions Concerning Imposition of Consolidated Industrial and Commercial Tax and Enterprise Income Tax on Resident Representative |
|---|
Notes:
(Approved by the State Council on April 11, 1985; promulgated by the
Ministry of Finance on May 15, 1985)
The following Provisions are formulated in accordance with the provisions
of Articles 2 and 8 of the Regulations of the People’s Republic of China on
the Consolidated Industrial and Commercial Tax, Article 1 of the Income Tax
Law of the People’s Republic of China for Foreign Enterprises and Articles 2
and 4 of the Rules for the Implementation thereof (Note 1), and Article 9 of
the Interim Provisions of the State Council Concerning the Administration of
Resident Representative Offices of Foreign Enterprises, and the relevant
provisions of the tax treaties concluded between the Chinese Government and
foreign government in respect of issues concerning the imposition of tax on
resident representative offices of foreign enterprises:
1. Resident representative offices that conduct market surveys, provide
business information and perform other business liaison, consultation and
services activities on behalf of their head offices and for which no business
income or service income is received, shall not be subject to the consolidated
industrial and commercial tax or enterprise income tax.
Resident representative offices, appointed by enterprises within China to
act as agents outside China, and whose activities are performed principally
outside China, shall not be subject to tax on the income derived there-from.
2. The following incomes of resident representative offices shall be
subject to tax:
(1) the commissions, rebates and service fees received by resident
representative offices on behalf of their bead offices in respect of the
performance of agency assignments outside China for other enterprises and for
liaison negotiations and intermediary services within China;
(2) remuneration paid by clients according to a fixed scale during a
specified or the amount for representative services in respect of the
undertaking of market surveys, liaison work, receiving or collecting business
information and rendering of consultancy services within China by resident
representative offices for their clients (including clients of their head
offices);
(3) commissions, rebates and service fees received by resident
representative offices when engaging in business within China as agents for
other enterprises or in respect of the performance of liaison, negotiation or
intermediary services for economic and trade transactions between other
enterprises.
3. Tax in respect of liaison, negotiation or intermediary, services
rendered by a resident representative office shall, if the amount of the
commission is specified clearly in the contract, be calculated and imposed on
the amount specified in the contract; if the amount of commission is not
specified clearly in the contract, and no accurate supporting documents or
correct report of the amount of commission income can be provided, the local
tax authorities may, by reference to a general level of commission and the
amount of business realized from the intermediary services, determine an
appropriate amount of commission as the basis on which to calculate and impose
taxes. In cases as mentioned in (1) of Article 2 of these Provisions, where
part of the agency services is performed by its head office outside China, the
resident representative office shall report and submit relevant certificates
and documents to the local tax authorities for evaluation and determination of
the amount of commission which shall be subject to the filing of tax returns
and payment of tax in China.
4. Commission, rebates and service fees received by resident
representative offices in respect of performance of agency or intermediary
services that fall into the categories of taxable items listed in the Schedule
of Taxable Items and Tax Rates of the Consolidated Industrial and Commercial
Tax, shall be subject to the consolidated industrial and commercial tax at a
reduced rate of 5% (Note 2). In cases where the enterprise income tax shall be
levied, the tax shall be assessed on the taxable income calculated exactly
from documents provided by the taxpayer as to costs and expenses; where no
such documentation is available, the tax shall be assessed on the taxable
income calculated on the basis of an appropriate rate of profit, provisionally
determined at 15% of the business revenue in accordance with the provisions of
Article 24 of the Rules for the Implementation of the Income Tax Law of the
People’s Republic of China for Foreign Enterprises. (Note 3)
5. “Enterprise” as mentioned in these Provisions encompasses
“corporation”, “company” and “economic organization”.
6. The Ministry of Finance shall be responsible for the interpretation
of these Provisions.
7. These Provisions shall come into force as of January 1, 1985.
Notes:
Note 1 The Regulations of the People’s Republic of China on the
Consolidated Industrial and Commercial Tax, the Income Tax Law of the People’s
Republic of China for Foreign Enterprises and the Rules for its implementation
have been annulled. –The Editor
Note 2 The provisions in the Decision of the Standing Committee of the
National People’s Congress Regarding the Application of Provisional
Regulations on Such Taxes as Value-Added Tax, Consumption Tax and Business Tax
to Foreign Investment Enterprises and Foreign Enterprises, promulgated by
Order No.18 of the President of the People’s Republic of China on December 29,
1993, shall prevail instead. –The Editor
Note 3 The provisions of Chapter VI in the Regulations for Implementation
of the Income Tax Law of the People’s Republic of China for Enterprises with
Foreign Investmetn and Foreign Enterprises, promulgated by Decree No.85 of
the State Council of the People’s Republic of China on June 30, 1991, shall
prevail instead. –The Editor
DETAILED IMPLEMENTING RULES TO THE REGULATIONS ON THE INSPECTION OF IMPORT AND EXPORT COMMODITIES OF THE PEOPLE’S REPUBLIC OF CHINA
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE REVISION OF THE ORGANIC LAW
MEASURES ON THE ADMINISTRATION OF PASSIVE QUOTAS FOR TEXTILE PRODUCTS
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The Ministry of Foreign Trade and Economic Cooperation Order of the Ministry of Foreign Trade and Economic CooperationMeasures on the Administration of Passive Quotas for Textile Products No.28 The Measures on the Administration of Passive Quotas for Textile Products which was enacted according to the Foreign Trade Law of Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guangsheng December 20, 2001 Measures on the Administration of Passive Quotas for Textile Products Chapter I General Provisions Article 1 The present Measures have been formulated on the basis of the Foreign Trade Law of the People’s Republic of China and the Regulation Article 2 Definitions The term “passive quotas for textile products” (hereinafter referred to as “textile quotas”) shall refer to the quantitative restrictions Country of restriction this term refers to the countries mentioned in the notices of the Textile Monitoring Body (“TMB”) under the Industrialist and industrialist quota According to the notices submitted by China and EU to the TMB under the WTO, the European Commission Quota for the Europe Fair According to the notices submitted by China and EU to the TMB under the WTO, this term refers to the passive Exporting Enterprise This term refers to the various enterprises (including enterprises with foreign investment) that have the qualifications Performance Quota This term refers to the quotas that are not subject to bid invitations and control of total quantity, but are independently Export performance This term refers to the export performance of the textile products restricted by the countries of restriction and Export license This term refers to the export licenses of textile products needed for exporting to the countries of restriction, the Rate of issue This term refers to the proportion of the quantity of quotas issued according to the export license of a certain kind Rate of customs clearance (rate of use) This term refers to the proportion of the amount of customs clearance actually made in the Article 3 The organs of quota administration and the functions and duties thereof The quotas for the textile products to be exported to the countries of restriction shall be subject to the hierarchical administration. The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as “MOFTEC”) shall be the administrative organ for Under the authorization of the MOFTEC, all provinces, autonomous regions, municipalitie directly under the Central Government, the Article 4 The functions of the issuing authorities and the departments for the transmission of the electronic data of certificates The Quota License Affairs Bureau under the MOFTEC (hereinafter referred to as “QLAB”) is the issuing authority of textile quotas authorized The functions of the QLAB in the aspect of textile quotas are: 1. Being responsible for the uniform printing, distribution and inspection of export licenses for textile products, the allocation of 2. Administering the issuing authorities according to relevant provisions, inspecting to see whether the issuing authorities have issued 3. Being responsible for the internal inspection of the data of export licenses issued by the issuing authorities, the data customs clearance The administrative departments of foreign trade at all places shall, under the authorization of the QLAB, be responsible for the issuance The China International Electronic Commerce Center (hereinafter referred to as “CIECC”) shall, under the authorization of the MOFTEC, Article 5 The ways of quotas allocation The textile quotas are allocated by way of invitations for bid, independent applications and allocation according to performances. Chapter II The System of Export License Article 6 The system of quota and export license shall be applied to the export of textile products to the countries of restriction; the customs Article 7 Export licenses shall be issued by the QLAB and the local issuing authorities authorized thereby according to the total amount of Article 8 The year affixed to the export licenses shall be identical to the year of departure of goods. The declaration of customs for the departing goods under the export licenses shall be made no later than December 31 of the year; Article 9 An approval shall be obtained for each export license, and the certificates may not be transferred, not may the certificates be altered. Article 10 The application for and issuance of export licenses shall be executed according the relevant administrative rules concerning the passive Chapter III The Invitation for Bid for Quotas Article 11 The MOFTEC shall arrange for bid invitations for the quotas of some of the textile products according to the principle of “efficiency, Article 12 The invitation for bid for quotas shall be made in accordance to the Measures for the Bid Invitation for Export Commodities and the Chapter IV The Independent Application for Quotas Article 13 The determination of quota types subject to independent application The MOFTEC shall control the total amount of the quota types for the textile products whose rate of customs clearance between January The MOFTEC shall publicize the list of quota types subject to the control of total amount for the next year in September of the current Article 14 The allocation of quotas subject to independent application The MOFTEC shall, before December 15 of each year, distribute the quotas that are no less than two times of the quantity of quotas All issuing authorities shall issue export licenses to the exporting enterprises under their respective jurisdictions within the limit Article 15 The use of quotas subject to independent applications When exporting textile products under the types of quotas subject to independent applications, the exporting enterprises shall, prior The issuing authorities shall, after receiving the application of the enterprises, examine the sales contract of the said enterprises, Article 16 The readjustment of the quantity of quotas subject to independent applications The local administrative departments of foreign trade may, when the rate of issuance of licenses for the quotas subject to independent The MOFTEC shall decide whether to approve the applications or not and the quantity to be approved according to the rate of customs Article 17 The examination of the quotas subject to independent applications The MOFTEC shall make irregular samplings of the documents of customs declaration that have been passed the examination of the customs Article 18 The readjustment of the types of quotas subject to independent applications As for the quotas subject to independent applications which are no longer subject to independent applications due to the rise in use Chapter V The Administration of Performance Quotas Article 19 The performance quotas shall be allocated on the basis of the export performances of the local and central enterprises in the export Article 20 The performance quotas for textile products exported to the countries of restriction The performance quotas for textile products exported to the countries of restriction are allocated for three times: the first initial The first initial allocation shall be made in October of the previous year of the quota year, and the allocation shall be made on The second initial allocation shall be made in December of the previous year, and the allocation shall be made on the basis of the The final allocation shall be made in March of the current year, and the allocation shall be made on the basis of the export performances The enterprises may conclude transactions according to the initially allocated quotas prior to the granting of final allocation. The Article 21 The performance quotas for the export of non-quota textile products of the world The performance quotas for the export of non-quota textile products of the world shall be allocated twice a year: in January and April The performance quotas for the export of non-quota textile products of the world determined as pursuant to Article 17 of the present The export performance quota of non-quota textile products of a certain type = the total amount of export performance quota of non-quota The coefficient of export value of non-quota textile products of the world = the export performance of local (central enterprises) The export performance of all kinds of enterprises in the non-quota textile products of the world shall be calculated in the statistics In the allocation of export performance quotas for the non-quota textile products of the world, the MOFTEC may, according to the specific Article 22 The origin of performance quotas The origin of performance quotas for the export of non-quota textile products to the countries of restriction shall be the quotas The origin of performance quotas for the export of non-quota textile products of the world shall be: 1. Quotas for the annual increase rate as prescribed in bilateral or multilateral agreements; 2. Quotas for handling flexible clauses (carryforward, transfer of certain types, advance borrowing) determined by the MOFTEC according 3. The quotas handed in by the local and central enterprises; 4. The quotas confiscated according to Chapter VIII of the present Measures. Chapter VI The Administration of Industrialist Quotas Article 23 The qualifications of the applicant enterprises An exporting enterprise shall have acquire the qualifications for applying for industrialist quotas after it has entered into contracts Article 24 The procedures for application The MOFTEC shall, after receiving the list of industrialist quotas provided by the European Commission, distribute them to the local The domestic enterprises shall, after concluding contracts with EU industrialists according to their actual business demands, submit The applications for the type II and III quotas as well as the corresponding contracts shall be submitted to the MOFTEC within 115 Article 25 The ways of allocation of quotas The MOFTEC shall gather up all the applications of the local administrative departments of foreign trade authorized by the MOFTEC If the total amount of quotas applied for a certain industrialist gathered up by the MOFTEC for each month does not exceed the industrialist Article 26 The ways of administration The industrialist quotas acquired by the enterprises may not be changed into normal quotas; in case any of the contracts concluded For all the industrialist quotas subject to bid invitations, an amount of money for winning bids for industrialist quotas shall be The Detailed Rules for the Implementation of the Bid Invitations for Passive Quotas of Textile Products shall be observed in the use Chapter VII The Administration of Quotas for European Fairs Article 27 Requirements for the use of quotas As pursuant to the requirements of the administrative procedures of the EU, the quotas for the European fairs can be used only for Article 28 The qualifications for enterprises to participate in the allocation of quotas for fairs 1. The enterprises the attend the Berlin Fair for two consecutive years and have business operation performances; 2. The applicant enterprises that have outstanding performances in the normal export of textile products to the EU. Article 29 Principles for allocating quotas The MOFTEC shall determine the plans for allocating the quotas for the next year according to the rate of license issuance of the 1. The enterprises whose rate of license issuance of a certain type is higher than the average rate of the whole country shall acquire 2. The enterprises whose rate of license issuance is lower than the average rate of the whole country shall have their quotas deducted 3. The remained quotas of all types shall be allocated to the enterprises that participated in the fairs and that have high rates of 4. The standards for allocating the quotas for the European fairs whose normal types of quotas are subject to independent applications Article 30 The procedures of allocation The MOFTEC shall distribute the plan of initial allocation of the quotas for the next year to the central enterprises and the local After the Berlin Fair is ended, the MOFTEC shall, according to the contractual quantity reached at the Berlin Fair and by reference Article 31 Fees for the quotas subject to bid invitations The fees for the quotas subject to bid invitations involved in the quotas for the European fairs shall be determined by the MOFTEC Article 32 Way of participating in the fairs The enterprises that obtains quotas for the European fairs shall be allowed to participate in the Berlin Fair of the year. The MOFTEC Chapter VIII The Turn-over and Transfer of Quotas Article 33 The turn-over of quotas The quotas unused by the local enterprises (including the EU industrialist quotas) shall be turned over to the MOFTEC via the local The local administrative departments of foreign trade authorized by the MOFTEC and the central enterprises shall turn over the unused The quotas that have not been turned over to the MOFTEC after October 31 and for which no licenses have been issued for the export If there are no feedback data from the countries of restriction for the licenses issued (i.e., bad licenses) by March 1 of the second Article 34 The transfer of quotas In order to increase the overall use rate of the quotas, provide channels to the enterprises with insufficient quotas to obtain quotas, The transfer of quotas is classified into the intra-regional transfer and inter-regional transfer.
MEASURES ON THE ADMINISTRATION OF AUTOMATIC IMPORT LICENSE OF GOODS
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REPLY OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON ISSUES CONCERNING THE REGISTRATION ADMINISTRATION OF ADVERTISING AGENCIES
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The State Administration for Industry and Commerce Reply of the State Administration for Industry and Commerce on Issues Concerning the Registration Administration of Advertising Agencies GongShangGuanZi[2001] No.343 November 17, 2001 Liaoning Administration for Industry and Commerce: We have studied your Request for Instructions on the Registration Administration of Advertising Agencies (LiaoGongShang [2001] No. 1. In compliance with Article 26 of Advertising Law of the People’s Republic of China (hereinafter referred to as Advertising Law) and 2. post_titles of the subjects of advertising activities: advertising operators and promulgators in the Advertising Law, namely advertising 3. In case there is no corresponding legal liability clause of a certain misconduct in the Advertising Law but the Regulations contains |
The State Administration for Industry and Commerce
2001-11-17
ANNOUNCEMENT OF THE GENERAL ADMINISTRATION OF CUSTOMS ON THE ANNULMENT OF SOME REGULATORY DOCUMENTS FORMULATED BY THE GENERAL ADMINISTRATION OF CUSTOMS TO COORDINATE CHINA’S ACCESSION TO THE WTO
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The General Administration of Customs Announcement of the General Administration of Customs on the Annulment of Some Regulatory Documents Formulated by the General Administration [2001] No.15 December 7, 2001 To coordinate China’s accession to the WTO and implement the overall planning of the State Council, the General Administration of 1. Circular on the Principles for Approaching Specific Issues in Implementing the Preferential Taxation Policy for Imported Goods of 2. Circular on the Interpretation of the Names of Commodities Controlled by Import and Export Licensing (JianYiHuoZi [88] No.125) of 3. Circular for Reiterating the Principles for Regulating Commodities Controlled by Import and Export Licensing and Defining the Range 4. Circular for the Promulgation of the Rules for the Implementation of the Interim Provisions on the Use of Preferential Taxation to 5. Circular for the Implementation of Specific Implementing Provisions of the State Council on Taxation Policy Adjustment for Enterprises 6. Circular of the General Administration of Customs for Issuing the Rules for the Implementation of the General Administration of Customs It is hereby announced. |
The General Administration of Customs
2001-12-07