MEASURES RELATING TO IMPORT SUBSTITUTION OF MECHANICAL AND ELECTRICAL PRODUCTS MANUFACTURED BY CHINESE-FOREIGN JOINT VENTURES AND CHINESE-FOREIGN COOPERATIVE VENTURES
GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE’S REPUBLIC OF CHINA
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The National People’s Congress General Principles of the Civil Law of the People’s Republic of China Order No. 37 [1986] of President April 12, 1986 (Adopted at the Fourth Session of the Sixth National People’s Congress on April 12, 1986 , Promulgated by Order No.37 of the President ContentsChapter I General Provisions Chapter II Citizen (Natural Person) Section 1 Capacity for Civil Rights and Capacity for Civil Conduct Section 2 Guardianship Section 3 Declarations of Missing Persons and Death Section 4 Individual Businesses and Leaseholding Farm Households Section 5 Individual Partnership Chapter III Legal Persons Section 1 General Stipulations Section 2 Enterprise as Legal Person Section 3 Official Organ, Institution and Social Organization as Legal Persons Section 4 Economic Association Chapter IV Civil Juristic Acts and Agency Section 1 Civil Juristic Acts Section 2 Agency Chapter V Civil Rights Section 1 Property Ownership and Related Property Rights Section 2 Creditors’ Rights Section 3 Intellectual Property Rights Section 4 Personal Rights Chapter VI Civil Liability Section 1 General Stipulations Section 2 Civil Liability for Breach of Contract Section 3 Civil Liability for Infringement of Rights Section 4 Methods of Bearing Civil Liability Chapter VII Limitation of Action Chapter VIII Application of Law in Civil Relations with Foreigners Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in accordance with the Constitution and the actual situation in our country, drawing upon our practical experience Article 2 The Civil Law of the People’s Republic of China shall adjust property relationships and personal relationships between civil subjects Article 3 Parties to a civil activity shall have equal status. Article 4 In civil activities, the principles of voluntariness, fairness, making compensation for equal value, honesty and credibility shall Article 5 The lawful civil rights and interests of citizens and legal persons shall be protected by law; no organization or individual may infringe Article 6 Civil activities must be in compliance with the law; where there are no relevant provisions in the law, they shall be in compliance Article 7 Civil activities shall have respect for social ethics and shall not harm the public interest, undermine state economic plans or disrupt Article 8 The law of the People’s Republic of China shall apply to civil activities within the People’s Republic of China, except as otherwise The stipulations of this Law as regards citizens shall apply to foreigners and stateless persons within the People’s Republic of China, Chapter II Citizen (Natural Person) Section 1 Capacity for Civil Rights and Capacity for Civil Conduct Article 9 A citizen shall have the capacity for civil rights from birth to death and shall enjoy civil rights and assume civil obligations in Article 10 All citizens are equal as regards their capacity for civil rights. Article 11 A citizen aged 18 or over shall be an adult. He shall have full capacity for civil conduct, may independently engage in civil activities A citizen who has reached the age of 16 but not the age of 18 and whose main source of income is his own labour shall be regarded Article 12 A minor aged 10 or over shall be a person with limited capacity for civil conduct and may engage in civil activities appropriate to A minor under the age of 10 shall be a person having no capacity for civil conduct and shall be represented in civil activities by Article 13 A mentally ill person who is unable to account for his own conduct shall be a person having no capacity for civil conduct and shall A mentally ill person who is unable to fully account for his own conduct shall be a person with limited capacity for civil conduct Article 14 The guardian of a person without or with limited capacity for civil conduct shall be his agent ad litem. Article 15 The domicile of a citizen shall be the place where his residence is registered; if his habitual residence is not the same as his domicile, Section 2 Guardianship Article 16 The parents of a minor shall be his guardians. If the parents of a minor are dead or lack the competence to be his guardian, a person from the following categories who has the competence (1) paternal or maternal grandparent; (2) elder brother or sister; or (3) any other closely connected relative or friend willing to bear the responsibility of guardianship and having approval from the units In case of a dispute over guardianship, the units of the minor’s parents or the neighbourhood or village committee in the place of If none of the persons listed in the first two paragraphs of this article is available to be the guardian, the units of the minor’s Article 17 A person from the following categories shall act as guardian for a mentally ill person without or with limited capacity for civil (1) spouse; (2) parent; (3) adult child; (4) any other near relative; (5) any other closely connected relative or friend willing to bear the responsibility of guardianship and having approval from the unit In case of a dispute over guardianship, the unit to which the mentally ill person belongs or the neighbourhood or village committee If none of the persons listed in the first paragraph of this article is available to be the guardian, the unit to which the mentally Article 18 A guardian shall fulfil his duty of guardianship and protect the person, property and other lawful rights and interests of his ward. A guardian’s rights to fulfil his guardianship in accordance with the law shall be protected by law. If a guardian does not fulfil his duties as guardian or infringes upon the lawful rights and interests of his ward, he shall be held Article 19 A person who shares interests with a mental patient may apply to a people’s court for a declaration that the mental patient is a person With the recovery of the health of a person who has been declared by a people’s court to be without or with limited capacity for civil Section 3 Declarations of Missing Persons and Death Article 20 If a citizen’s whereabouts have been unknown for two years, an interested person may apply to a people’s court for a declaration of If a person’s whereabouts become unknown during a war, the calculation of the time period in which his whereabouts are unknown shall Article 21 A missing person’s property shall be placed in the custody of his spouse, parents, adult children or other closely connected relatives Any taxes, debts and other unpaid expenses owed by a missing person shall defrayed by the custodian out of the missing person’s property. Article 22 In the event that a person who has been declared missing reappears or his whereabouts are ascertained, the people’s court shall, upon Article 23 Under either of the following circumstances, an interested person may apply to the people’s court for a declaration of a citizen’s (1) if the citizen’s whereabouts have been unknown for four years or (2) if the citizen’s whereabouts have been unknown for two years after the date of an accident in which he was involved. If a person’s whereabouts become unknown during a war, the calculation of the time period in which his whereabouts are unknown shall Article 24 In the event that a person who has been declared dead reappears or it is ascertained that he is alive, the people’s court shall, upon Any civil juristic acts performed by a person with capacity for civil conduct during the period in which he has been declared dead Article 25 A person shall have the right to request the return of his property, if the declaration of his death has been revoked. Any citizen Section 4 Individual Businesses and Leaseholding Farm Households Article 26 “Individual businesses” refers to business run by individual citizens who have been lawfully registered and approved to engage in Article 27 “Leaseholding farm households” refers to members of a rural collective economic organization who engage in commodity production under Article 28 The legitimate rights and interests of individual businesses and leaseholding farm households shall be protected by law. Article 29 The debts of an individual business or a leaseholding farm household shall be secured with the individual’s property if the business Section 5 Individual Partnership Article 30 “Individual partnership” refers to two or more citizens associated in a business and working together, with each providing funds, Article 31 Partners shall make a written agreement covering the amount of funds to provide, the distribution of profits, the responsibility for Article 32 The property provided by the partners shall be under their unified management and use. The property accumulated in a partnership operation shall belong to all the partners. Article 33 An individual partnership may adopt a shop name; it shall be approved and registered in accordance with the law and conduct business Article 34 The operational activities of an individual partnership shall be decided jointly by the partners, who each shall have the right to The partners may elect a responsible person. All partners shall bear civil liability for the operational activities of the responsible Article 35 A partnership’s debts shall be secured with the partners’ property in proportion to their respective contributions to the investment Partners shall undertake joint liability for their partnership’s debts, except as otherwise stipulated by law. Any partner who overpays Chapter III Legal Persons Section 1 General Stipulations Article 36 A legal person shall be an organization that has capacity for civil rights and capacity for civil conduct and independently enjoys A legal person’s capacity for civil rights and capacity for civil conduct shall begin when the legal person is established and shall Article 37 A legal person shall have the following qualifications: (1) establishment in accordance with the law; (2) possession of the necessary property or funds; (3) possession of its own name, organization and premises; and (4) ability to independently bear civil liability. Article 38 In accordance with the law or the articles of association of the legal person, the responsible person who acts on behalf of the legal Article 39 A legal person’s domicile shall be the place where its main administrative office is located. Article 40 When a legal person terminates, it shall go into liquidation in accordance with the law and discontinue all other activities. Section 2 Enterprise as Legal Person Article 41 An enterprise owned by the whole people or under collective ownership shall be qualified as a legal person when it has sufficient A Chinese-foreign equity joint venture, Chinese-foreign contractual joint venture or foreign-capital enterprise established within Article 42 An enterprise as legal person shall conduct operations within the range approved and registered. Article 43 An enterprise as legal person shall bear civil liability for the operational activities of its legal representatives and other personnel. Article 44 If an enterprise as legal person is divided or merged or undergoes any other important change, it shall register the change with the When an enterprise as legal person is divided or merged, its rights and obligations shall be enjoyed and assumed by the new legal Article 45 An enterprise as legal person shall terminate for any of the following reasons: (1) if it is dissolved by law; (2) if it is disbanded; (3) if it is declared bankrupt in accordance with the law; or (4) for other reasons. Article 46 When an enterprise as legal person terminates, it shall cancel its registration with the registration authority and publicly announce Article 47 When an enterprise as legal person is disbanded, it shall establish a liquidation organization and go into liquidation. When an enterprise Article 48 An enterprise owned by the whole people, as legal person, shall bear civil liability with the property that the state authorizes it Article 49 Under any of the following circumstances, an enterprise as legal person shall bear liability, its legal representative may additionally (1) conducting illegal operations beyond the range approved and registered by the registration authority; (2) concealing facts from the registration and tax authorities and practising fraud; (3) secretly withdrawing funds or hiding property to evade repayment of debts; (4) disposing of property without authorization after the enterprise is dissolved, disbanded or declared bankrupt; (5) failing to apply for registration and make a public announcement promptly when the enterprise undergoes a change or terminates, thus (6) engaging in other activities prohibited by law, damaging the interests of the state or the public interest. Section 3 Official Organ, Institution and Social Organization as Legal Person Article 50 An independently funded official organ shall be qualified as a legal person on the day it is established. If according to law an institution or social organization having the qualifications of a legal person needs not go through the procedures Section 4 Economic Association Article 51 If a new economic entity is formed by enterprise and an institution that engage in economic association and it independently bears Article 52 If the enterprises or an enterprise and an institution that engage in economic association conduct joint operation but do not have Article 53 If the contract for economic association of enterprises or of an enterprise and an institution specifies that each party shall conduct Chapter IV Civil Juristic Acts and Agency Section 1 Civil Juristic Acts Article 54 A civil juristic act shall be the lawful act of a citizen or legal person to establish, change or terminate civil rights and obligations. Article 55 A civil juristic act shall meet the following requirements: (1) the actor has relevant capacity for civil conduct; (2) the intention expressed is genuine; and (3) the act does not violate the law or the public interest. Article 56 A civil juristic act may be in written, oral or other form. If the law stipulates that a particular form be adopted, such stipulation Article 57 A civil juristic act shall be legally binding once it is instituted. The actor shall not alter or rescind his act except in accordance Article 58 Civil acts in the following categories shall be null and void: (1) those performed by a person without capacity for civil conduct; (2) those that according to law may not be independently performed by a person with limited capacity for civil conduct; (3) those performed by a person against his true intentions as a result of cheating, coercion or exploitation of his unfavorable position (4) those that performed through malicious collusion are detrimental to the interest of the state, a collective or a third party; (5) those that violate the law or the public interest; (6) economic contracts that violate the state’s mandatory plans; and (7) those that performed under the guise of legitimate acts conceal illegitimate purposes. Civil acts that are null and void shall not be legally binding from the very beginning. Article 59 A party shall have the right to request a people’s court or an arbitration agency to alter or rescind the following civil acts: (1) those performed by an actor who seriously misunderstood the contents of the acts; (2) those that are obviously unfair. Rescinded civil acts shall be null and void from the very beginning. Article 60 If part of a civil act is null and void, it shall not affect the validity of other parts. Article 61 After a civil act has been determined to be null and void or has been rescinded, the party who acquired property as a result of the If the two sides have conspired maliciously and performed a civil act that is detrimental to the interests of the state, a collective Article 62 A civil juristic act may have conditions attached to it. Conditional civil juristic acts shall take effect when the relevant conditions Section 2 Agency Article 63 Citizens and legal persons may perform civil juristic acts through agents. An agent shall perform civil juristic acts in the principal’s name within the scope of the power of agency. The principal shall bear Civil juristic acts that should be performed by the principal himself, pursuant to legal provisions or the agreement between the two Article 64 Agency shall include entrusted agency, statutory agency and appointed agency. An entrusted agent shall exercise the power of agency as entrusted by the principal; a statutory agent shall exercise the power of Article 65 A civil juristic act may be entrusted to an agent in writing or orally. If legal provisions require the entrustment to be written, Where the entrustment of agency is in writing, the power of attorney shall clearly state the agent’s name, the entrusted tasks and If the power of attorney is not clear as to the authority conferred, the principal shall bear civil liability towards the third party, Article 66 The principal shall bear civil liability for an act performed by an actor with no power of agency, beyond the scope of his power of An agent shall bear civil liability if he fails to perform his duties and thus causes damage to the principal. If an agent and a third party in collusion harm the principal’s interests, the agent and the third party shall be held jointly liable. If a third party is aware that an actor has no power of agency, is overstepping his power of agency, or his power of agency has expired Article 67 If an agent is aware that the matters entrusted are illegal but still carries them out, or if a principal is aware that his agent’s Article 68 If in the principal’s interests an entrusted agent needs to transfer the agency to another person, he shall first obtain the principal’s Article 69 An entrusted agency shall end under any of the following circumstances: (1) when the period of agency expires or when the tasks entrusted are completed; (2) when the principal rescinds the entrustment or the agent declines the entrustment; (3) when the agent dies; (4) when the principal loses his capacity for civil conduct; or (5) when the principal or the agent ceases to be a legal person. Article 70 A statutory or appointed agency shall end under any of the following circumstances: (1) when the principal gains or recovers capacity for civil conduct; (2) when the principal or the agent dies; (3) when the agent loses capacity for civil conduct; (4) when the people’s court or the unit that appointed the agent rescinds the appointment; or (5) when the guardian relationship between the principal and the agent ends for other reasons. Chapter V Civil Rights Section 1 Property Ownership and Related Property Rights Article 71 “Property ownership” means the owner’s rights to lawfully possess, utilize, profit from and dispose of his property. Article 72 Property ownership shall not be obtained in violation of the law. Unless the law stipulates otherwise or the parties concerned have agreed on other arrangements, the ownership of property obtained Article 73 State property shall be owned by the whole people. State property is sacred and inviolable, and no organization or individual shall be allowed to seize, encroach upon, privately divide, Article 74 Property of collective organizations of the working masses shall be owned collectively by the working masses. This shall include: (1) land, forests, mountains, grasslands, unreclaimed land, beaches and other areas that are stipulated by law to be under collective (2) property of collective economic organizations; (3) collectively owned buildings, reservoirs, farm irrigation facilities and educational, scientific, cultural, health, sports and other (4) other property that is collectively owned. Collectively owned land shall be owned collectively by the village peasants in accordance with the law and shall be worked and managed Collectively owned property shall be protected by law, and no organization or individual may seize, encroach upon, privately divide, Article 75 A citizen’s personal property shall include his lawfully earned income, housing, savings, articles for daily use, objects d’art, books, A citizen’s lawful property shall be protected by law, and no organization or individual may appropriate, encroach upon, destroy or Article 76 Citizens shall have the right of inheritance under the law. Article 77 The lawful property of social organizations, including religious organizations, shall be protected by law. Article 78 Property may be owned joint PROVISIONS OF THE CUSTOMS GOVERNING THE IMPORT OF MATERIALS AND PARTS NEEDED BY ENTERPRISES WITH FOREIGN INVESTMENT TO PERFORM PRODUCT EXPORT CONTRACTSOFFICIAL REPLY OF THE STATE COUNCIL TO THE REPORT SUBMITTED BY THE MINISTRY OF FINANCE REQUESTING THE INSTRUCTION ON THE REDUCTION OF THE APPRAISED AND SPECIFIED RATE OF PROFIT FOR TAXATION ON THE RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES
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DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON APPROVING THE OPENING OF NANJING PORT ON THE YANGTZE RIVER TO FOREIGN VESSELS
| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | the Standing Committee of the National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1986-01-20 | Effective Date | 1986-01-20 |
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Decision of the Standing Committee of the National People’s Congress on Approving the Opening of Nanjing Port on the Yangtze River |
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(Adopted at the 14th Meeting of the Standing Committee of the Sixth
National People’s Congress on January 20, 1986)
After considering the proposal put forward by the Central Military
Commission for approval of the opening of Nanjing Port to foreign vessels,
the 14th Meeting of the Standing Committee of the Sixth National People’s
Congress has decided to approve the opening of Nanjing Port on the Yangtze
River to foreign vessels. The State Council is authorized to grant approval
in the future when there is a need to open other ports along the Yangtze
River between Nanjing Port and the mouth of the river to foreign vessels.
REGULATIONS FOR THE TRIAL IMPLEMENTATION OF CONTROL OF QUALITY CONTROL PERMITS FOR MECHANICAL AND ELECTRICAL PRODUCTS FOR EXPORT
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL FOR TRANSMITTING THE REPORT SUBMITTED BY THE PEOPLE’S INSURANCE COMPANY OF CHINA ON DEVELOPING INSURANCE BUSINESS INVOLVING FOREIGN INTERESTS IN ORDER TO INCREASE FOREIGN EXCHANGE REVENUE
| Category | BANKING | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1985-11-30 | Effective Date | 1985-11-30 |
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Circular of the General Office of the State Council for Transmitting the Report Submitted by the People’s Insurance Company of China |
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Circular
Report of the People’s Insurance Company of China on Developing Insurance
Chapter I
Chapter II
Chapter III
(November 30, 1985)
Circular
The Report on Developing Insurance Business Involving Foreign Interests
in Order to Increase Foreign Exchange Revenue, which was submitted by the
People’s Insurance Company of China, has been approved by the State Council
and is hereby transmitted to you for you to act upon accordingly.
Report of the People’s Insurance Company of China on Developing Insurance
Business Involving Foreign Interests in Order to Increase Foreign Exchange
Revenue (Excerpts)
In accordance with the essence of the policies of the State on striving
to increase non-trade foreign exchange revenue, we have recently made a study
of the question as to how to develop insurance business involving foreign
interests in order to increase foreign exchange revenue. We now submit the
report on the relevant questions as follows:
Chapter I
With the implementation of China’s policy of opening to the outside world,
the insurance business involving foreign interests handled by our Insurance
Company has developed rapidly in recent years. At present, there are already
over 40 types of insurance coverage. The handling of the insurance business
involving foreign interests so as to give financial protection against risks
(including material losses and indemnity liability) involved in China’s
foreign trade and economic exchanges and provide services with a view to
preventing losses has played a positive role in promoting China’s foreign
trade and economic exchanges and in enhancing the confidence of foreign
businessmen coming to make investment in China.
Chapter II
As the income from the premiums of insurance involving foreign interests
is an important item of foreign exchange revenue of invisible trade, the
various countries in the world have attached great importance to and are
actively developing this business. At present, China’s insurance business
involving foreign interests is developing at a relatively slow pace and the
premiums only account for a very small proportion of the State’s total
non-trade foreign exchange revenue, which ill conforms with the new situation
in which China is implementing the policy of opening to the outside world.
Take, for example, the transportation insurance for import and export goods
the handling of which has lasted for a relatively long time and the premium
income of which ranks first. Only 50 percent of the export goods is insured
domestically and such bulk goods as petroleum, which account for over
one-third of the total export business volume of China, are rarely insured
with our Company. Nearly 90 percent of the import goods in normal trade is
insured domestically, but most of the equipment imported under loans China has
obtained from abroad is insured by insurance companies abroad. Furthermore
only a very small proportion of the insurance related to the Chinese-foreign
contractual joint ventures and foreign-capital enterprises in China and under
the project contracts China has undertaken abroad or the labour service
co-operative contracts with foreign countries, of the insurance taken out by
foreigners or compatriots from Hong Kong and Macao coming to China’s mainland
for tourist purposes, of the public liability insurance that the personnel of
foreign institutions in China are supposed to bear in China, and of the
insurance related to Chinese institutions abroad and the trade centres, joint
ventures and contractual joint ventures China has established abroad is
effected by our Company. In some cases, the insurance is even not effected in
China at all. All the above mentioned circumstances show that China’s
insurance business involving foreign interests still has great potentials and
bright prospects.
Chapter III
With a view to further developing China’s insurance business involving
foreign interests, it is imperative to adopt the following measures at present:
1. It is imperative to conduct publicity drives actively, The Insurance
Company shall, with the support and help by the various departments, people
from all walks of life and the public opinion circles, employ varied means
and actively propagate the significance of developing insurance business
involving foreign interests and increasing foreign exchange revenue from
non-trade sources and of the advantages of handling insurance business
involving foreign interests to the expansion of international economic
exchanges in order to mobilize the various forces to support the development
of insurance business involving foreign interests.
2. It is imperative to perfect the clauses related to insurance in China’s
foreign economic laws and regulations. All clauses on insurance that need to
be included in the various foreign economic laws and regulations China
formulates and promulgates shall be handled in strict accordance with the
provisions in Article 3 of the Interim Regulations on the Administration of
Insurance Enterprises, which was promulgated by the State Council, it is
imperative for China to expedite the formulation and promulgation of
regulations concerning the public liability insurance that shall be effected
with respect to foreign enterprises, institutions and personnel in China
and the motor vehicle third-party liability insurance.
3. Departments for foreign affairs and departments for foreign economic
relations and trade under the governments at various levels shall give
guidance and assistance to the development of insurance business involving
foreign interests. Departments for foreign economic relations and trade that
are to call important meetings or hold talks with foreign businessmen on major
projects shall keep the Insurance Company advised of the relevant developments
and shall, if necessary, invite people from the Insurance Company to attend
such meetings or talks. In examining and approving the feasibility study
report and the draft contract with respect to a project involving a foreign
party, the inclusion of clauses on insurance shall be one of the items for
consideration. Chinese labour service units that are contracting foreign
engineering projects shall try their best to effect in China the insurance
with respect to the projects, provided this shall not constitute a violation
of the laws of the foreign governments involved. If insurance is required for
the property and personnel of Chinese embassies, consulates and other
institutions abroad, it shall be effected in China, unless the laws of the
countries or regions concerned stipulate that the insurance shall be effected
in their localities. Chinese banking institutions based overseas shall work in
close co-operation with the Chinese insurance institutions in the localities
and actively engage in various types of insurance business.
When these banks are handling loans on mortgage, they shall try hard to
cover the insurance with the Chinese insurance institutions there with respect
to the security of the loans. The Insurance Company may, when necessary, send
their personnel to, and station them in, the corporations, trade centres and
other institutions established abroad by departments and organizations
affiliated to the Chinese Ministry for Foreign Economic Relations and Trade to
co-ordinate work in handling insurance business. Chinese departments for
tourism shall give active assistance to the Insurance Company in providing the
insurance required by tourists in China.
4. The Insurance Company shall be permitted to employ economic means to
promote the development of insurance business. A considerable part of the
insurance business involving foreign interests has been canvassed through
efforts on the part of the business personnel of the departments for foreign
economic relations and trade and other departments concerned. Take, for
example, the transportation insurance for import and export goods. Faced
with the fierce competition in the international insurance market, Chinese
departments for foreign economic relations and trade and other departments
concerned, in order to increase foreign exchange revenue from insurance
business, often have to conduct strenuous negotiations and do extra amounts
of laborious work before they can succeed in obtaining some insurance
business involving foreign exchange. In order to encourage the workers and
staff of the departments for foreign economic relations and trade and other
departments concerned who actively assist the Insurance Company in developing
the insurance business involving foreign interests so as to earn more foreign
exchange revenue for the State from non-trade sources, the Insurance Company
may draw a certain proportion (ranging from less than one percent to less
than ten percent) from the premium income as labour service fee to be paid to
the aforesaid units to be paid with RMB, which shall, on top of the common
bonus, reward those workers and staff members who have performed well in this
regard. Such rewards may be exempted from bonus tax. The Ministry of Finance
shall formulate measures in this respect and promulgate them for
implementation.
5. Foreign insurance companies shall for the time being not he permitted
to begin their business operations in China.
6. The Insurance Company shall strengthen its own organization setup.
Since the Insurance Company itself separated from the People’s Bank of China
last year, although there has been a relatively big increase in its agencies
and personnel, this increase still cannot meet the needs of its business
development. It is an urgent task to improve the quality of the personnel
engaged in insurance business involving foreign interests, who shall be
required, to have a better knowledge of the international economy and of
China’s laws and regulations governing its external economic activities and
have a fairly good command of foreign languages. Therefore, in addition to
intensifying our work to offer in-service training to our cadres, we hope
that the departments for education will provide us every year with a certain
number of university graduates who major in foreign languages, finance or
insurance, and will arrange in a planned way for some institutions of higher
learning to initiate the specialty of insurance so as to quicken the
cultivation of cadres who will specialize in insurance business. The Insurance
Company shall work hard to improve the quality of service, increase the
types of insurance coverage and strengthen China’s competitive position in
insurance business.
If the above contains nothing inappropriate, it is requested that the
report be approved and transmitted to departments concerned for implementation.
REGULATIONS OF CUSTOMS ON IMPLEMENTING THE REGISTRATION SYSTEM OF DECLARANT UNITS
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(Promulgated by the Customs General Administration on February 25, 1985) Article 1. The regulations are hereby formulated in order to meet the requirements of the opening policy to the outside world and further perfect Article 2. For the purposes of the regulations, the term “declarant units” means: (1) Enterprises directly performing the customs procedures for imports and exports and customs formalities applicable to incoming (2) Enterprises performing customs procedures and formalities for import and export, for or on behalf of consignors, consignees, passengers Article 3. Declarant units shall go through the customs formalities for registration with customs by presenting the following documents: (1) Copies or photo-copies of certificates for operation approved by administrative departments of the State Council, provinces, autonomous (2) Copies or photo-copies of licences for operation issued by the administrative departments for industry and commerce; (3) Economic guarantee issued by banks (where the customs consider necessary, it should be submitted.); (4) Applications for registration of declarant units. Upon customs’ examination and approval, a registration certificate for a declarant unit shall be issued and a deposit of 500 RMB yuan Article 4. In accordance with customs requirements the declarant units should designate persons solely or specially assigned for the task of Article 5. Declarant units shall submit to the customs concerned the specimens of the seals for customs clearing, declarants seals or their Article 6. Declarant units and their declarants must abide by national policies,decrees and regulations, and customs regulations and procedures Article 7. In case a declarant unit wants to terminate its clearing operation,it should apply to the customs concerned within one month, and Article 8. Enterprises which have not registered with customs are not enpost_titled to carry out customs clearing procedures directly. Article 9. The regulations are applicable to the various special economic zones and economic and technical development zones. Article 10. The regulations shall come into effect as of July 1, 1985. Local customs may formulate detailed rules for implementation according
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CIRCULAR OF THE MINISTRY OF FINANCE, THE STATE ADMINISTRATION OF TAXATION AND THE GENERAL ADMINISTRATION OF CUSTOMS ON PRINTING AND DISTRIBUTING THE INTERIM PROVISIONS ON EXEMPTING IMPORT TAX ON THE IMPORTED MATERIALS FOR EXPLOITING OIL (NATURAL GAS) IN OCEANS OF CHINA AND THE INTERIM PROVISIONS ON EXEMPTING IMPORT TAX ON THE IMPORTED MATERIALS FOR EXPLOITING OIL (NATURAL GAS) IN CERTAIN LAND AREAS OF CHINA
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The Ministry of Finance, the State Administration of Taxation, the General Administration of Customs Circular of the Ministry of Finance, the State Administration of Taxation and the General Administration of Customs on Printing and CaiShui [2001] No.186 December 21,2001 In accordance with the spirit of the Request for Instructions by the Ministry of Finance, the State Administration of Taxation and Attachment: 1Interim Provisions on Exempting Import Tax on the Imported Materials for Exploiting Oil (Natural Gas) in Oceans of China 1. These Provisions are formulated in accordance with the instructions of the State Council on adjusting the taxation policies on import 2. The oceans as referred to in these Provisions are: the interior sea, marginal sea, continental shelf of China and other sea areas 3. Where any project of exploitation of oil and natural gas in the oceans of China imports equipments, instruments, spare parts and accessories, 4. The list of attachment 1 includes the tariff nomenclature heading numbers and the commodity names, focus shall be put on the consistence 5. The General Administration of Customs jointly with the Ministry of Finance and the State Administration of Taxation shall examine 6. Where the project units and the foreign cooperators import the materials within the scope of the list attached to these Provisions 7. With respect to the oil field, prospecting and development projects within the “ocean” scope as referred to in Article 2 of these 8. With respect to the tax-free import materials listed in Article 3 and Article 7 of these Provisions, the China National Petroleum 9. The “old projects” as indicated in attachment 1 shall refer to the foreign cooperation projects that were approved prior to Dec. 31 10. The lease of imported materials within the scope of the list shall be exempted from tax, and the lease of materials not included in 11. The tax-free imported materials used in exploitation of oil (natural gas) in oceans and land areas may not be mortgaged, pledged, 12. The time for execution of these Provisions shall be from January1, 2001 to December 31, 2005. 13. The power to interpret these Provisions shall be remain with the Ministry of Finance, the State Administration of Taxation and the Attachment 2Interim Provisions on Exempting Import Tax on the Imported Materials for Exploiting Oil (Natural Gas) in Certain Land Areas of China 1. These Provisions are formulated in accordance with the instructions of the State Council on adjusting the taxation policies on imported 2. The certain areas as refer to in these Provisions are: the deserts, gobi and wilderness areas within the territory of China (see attachment 3. Where any project of exploitation of oil and natural gas in the certain areas of China imports equipments, instruments, spare parts 4. The list of attachment 2 includes the tariff nomenclature heading numbers and the commodity names, focus shall be put on the consistence 5. The General Administration of Customs shall, in collaboration with the Ministry of Finance and the State Administration of Taxation, 6. Where the project units and the foreign cooperators import the materials within the scope of the list attached to these Provisions 7. With respect to the oil field, prospecting and development projects in conformity to the “certain areas” conditions as referred to 8. With respect to the tax-free import materials listed in Article 3 and Article 7 of these Provisions, the China National Petroleum 9. The import materials (same as attachment 2) needed by the projects of prospecting and exploitation of coal bed methane by the China 10. The lease of imported materials that within the scope of the list shall be exempted from tax, the lease of materials not included 11. The tax-free imported materials used in exploitation of oil (natural gas) in oceans and land areas may not be mortgaged, pledged, 12. The time for execution of these Provisions shall be from January 1, 2001 to December 31, 2005. 13. The power to interpret these Provisions shall be remain with the Ministry of Finance jointly with the State Administration of Taxation |
The Ministry of Finance, the State Administration of Taxation, the General Administration of Customs
2001-12-21
LETTER OF THE GENERAL OFFICE OF THE MINISTRY OF LABOR AND SOCIAL SECURITY CONCERNING ISSUES OF WHETHER ECONOMIC COMPENSATION SHALL BE MADE WHEN FACTUAL LABOR RELATIONSHIP IS TERMINATED
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The General Office of the of Ministry Labor and Social Security Letter of the General Office of the Ministry of Labor and Social Security Concerning Issues of Whether Economic Compensation Shall LaoSheTingHan [2001] No.249 November 26, 2001 Labor and Social Security Department of Zhejiang Province: Your department’s Request for Instructions on Whether Economic Compensation Shall Be Made When Labor Relationship is Terminated (ZheLaoSheZhong Article 16 of the Highest People’s Court’s Interpretation of Several Questions about Application of Laws on Hearing Cases of labor |
The General Office of the of Ministry Labor and Social Security
2001-11-26
CONSTITUTION ACT, 1982 – page 22
