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MEASURES FOR THE ADMINISTRATION OF LAUNDRY AND DYEING INDUSTRY

Decree of the Ministry of Commerce, State Administration for Industry and Commerce, State Environmental Protection Administration

No.5

Measures for the Administration of Laundry and Dyeing Industry is hereby announced and shall come into effect as of July 1, 2007 after
it has been deliberated and passed at the 10th executive conference of the Ministry of Commerce on December 20, 2006 with the approval
of State Administration for Industry and Commerce and State Environmental Protection Administration

Minister of the Ministry of Commerce Bo Xilai

Director of General Administration for Industry and Commerce Zhou Bohua

Director of State Environmental Protection Administration Zhou Shengxian

May 11, 2007

Measures for the Administration of Laundry and Dyeing Industry

Article 1

The Measures herein are formulated in accordance with the relevant state law, administrative regulations for the purpose of standardizing
the behavior of laundry and dyeing service, maintaining the lawful rights and interests of operators and consumers, preventing environmental
pollution, promoting the sound development of laundry and dyeing industry.

Article 2

The Measures herein shall apply to the laundry and dyeing operation within the territory of the People’s Republic of China.

“Laundry and Dyeing” mentioned in the Measures herein refers to such operation activities as washing, ironing, dyeing, and weaving
of clothes and washing, maintaining of leather-made products and clothes.

Article 3

The Ministry of Commerce shall undertake guidance, coordination, supervision and management of national laundry and dyeing industry,
various local authorities in charge of commerce shall be responsible for the guidance, coordination, supervision and management of
laundry and dyeing industry within its administrative region respectively.

The industrial and commercial authorities shall be responsible for regulating laundry and dyeing industry, supervising the quality
of service products and business operation, and for investigating and punishing in light of the laws such acts as infringing the
legal rights of interests of consumers.

The environmental protection authority shall undertake supervision and administration of such acts as affecting the environments in
the process of opening and operating the laundry and dyeing enterprise, investigating and punishing in light of the laws environmental
unlawful acts.

Article 4

To open washing and dyeing store and water washing factory shall accord with the relevant laws and standard requirement with respect
to safety, sanitary, environmental protection, water saving, energy saving.

The enclosure dry-cleaning making with purifying, recycling and dry-cleaning solvent functions shall be used in the newly build, altered,
or extended washing and dyeing stores.

The open dry-cleaning machine shall be phased out. The open dry-cleaning machine currently used shall be refitted to increase the
compressor cooling recycling system, and forcefully recycle the dry-cleaning solvent; where the open petroleum derivative solvent
dry-cleaning machine and drying machine is used, it shall be equipped with fire-proof and explosion-proof safety equipment.

Article 5

Environmental influence assessment shall be carried out upon the newly built, altered or extended washing and dyeing store and water
washing factory and can be put into use after it has passed the inspection and collection by environmental authority.

The operator who undertakes washing and dyeing shall register lawfully and withdraw the business license.

The operator shall, within 60 days after having acquired the business license, handle the record in the same level commerce authority
as the industrial and commercial administrative authority at the registration place.

Article 6

The operator shall have fixed business site, such equipments as washing, custody, and pollution prevention in par with its business
scale and accord with the relevant national regulations.

Article 7

The washing and dyeing store shall not use such dry-washing solvents as does not accord with the relevant national regulations. The
storage, usage and recycling site shall be equipped with leakage-proof condition, the dangerous chemical products shall accord with
the relevant administration of dangerous chemical products.

The laundering factory shall be encouraged to use phosphor-free and low phosphor washing products.

Article 8

The discharge of pollutant shall meet the requirement of pollutant discharge in national or local regulations. The new discharge
standard shall be implemented after it has been promulgated.

The residue, sewage containing dry-cleaning solvent generated in the process of dry cleaning shall be appropriately collected and
handled. The dangerous wastes shall be lawfully entrusted to the units holding the business license of dangerous wastes for handling
and disposal.

Where the sewage is discharged to urban sewage tubes to be treated together, it shall accord with the relevant water quality requirement
by the sewage treatment factory. Where the factory hereof is equipped with sewage treatment equipment, it shall carry out innocuity
treatment upon the generated sewage.

Such sewage as does mot accord with the standard shall not be discharged to river, lake, rain sewer, leakage pit, leakage well and
etc.

The noise zone in the laundering and water-washing factories shall accord with the relevant rules of the Standard of Noise at Boundary
of Industrial Enterprises GB12348-90.

Article 9

The operator shall formulate the system of safe production, environmental protection and sanitary management system in line with
the requirement of laws and regulations, provide effective protective products to the staff and undertake regular safe, environmental
protection, sanitary education training upon the staff.

Article 10

The employed staff shall observe professional ethics, abide by national laws and regulations, the washing and dyeing technical staff
shall have the relevant professional skills, shall be encouraged to obtain the qualification certificate issued by the relevant national
authority or the training qualification certificate issued by the relevant organizations and to work with the certificates hereof.

Article 11

The operator shall hang business license at the noticeable place of the business site and to expressly show service content, service
price and complaint telephone number and etc.

Article 12

The operator shall follow the principle of good faith in the process of operation and give real and clear reply to the relevant questions
raised by consumers, may not deceive and misguide consumers, may not conduct the following deceptions:

(1)

deceptive propaganda;

(2)

to undertake consumption default by using value card;

(3)

such deceptive acts as using “water washing”, ” iron” to work off dry wash;

(4)

to conceal the fact that the clothes have been damaged in the process of washing deliberately;

(5)

other deceptive acts against laws, and administrative regulations.

Article 13

The operator shall check seriously the received clothes and perform the following liabilities:

(1)

hint the consumer to check whether any carry-over is left and to confirm whether the attachment and decorates are complete;

(2)

hint the consumer the damageable, corruptive and expensive decorates or attachment to clarify service liabilities;

(3)

to explain to consumers new and old, dirty and clean, damage of clothes, quality of the cloth, performance variance and effect of
washing and dyeing;

(4)

to inform consumers the clothes which is really difficult to wash and dye or have hard besmirch and to confirm the effect of washing
and dyeing.

Article 14

The operator may undertake value-preserving washing in accordance with the willing of the consumers, i.e. the written washing agreement
made by the operator and consumers about cost of washing, value-preserving cost, value-preserving amount and service content.

Where the clothes subject to value-preserving are damaged or lost, or directly undermine the quality of the original clothes after
washing, the operator shall compensate in accordance with the preserving amount agreed with the consumer.

Article 15

The operator shall issue service bill to consumers when offering service. The content of the service bill shall include: name of
clothes, quantity, color, damage or shortage, service content, price, date of delivery, period of custody, particulars agreed by
both parties, means of dispute settlement.

Article 16

The operators shall act the service code of launder and dyeing industry, operation regulations and quality standard and appoint designated
personnel to undertake quality inspection launder and dyeing.

Article 17

The operators shall standardize the clothes handing-over procedure to prevent loss or damage of clothes; dirty and clean clothes
shall be stored and paid respectively.

Article 18

The textile products of the medical unit shall be washed and processed in the specialized factory zone, special washing equipment
and be sanitized strictly.

The washed textile products after sanitation shall accord with the relevant national requirement.

Article 19

Where the washed clothes fail to meet the washing quality requirement or do not accord with the requirement reached with the consumers
in advance or the clothes are damaged or lost because of the responsibilities of the operators, the operator shall reprocess it in
light of different situation, refund the launder and dyeing fee or compensate the damage.

Where the quality of washed clothes fails to reach quality standard because the misguided washing mark or quality does not accord
with national and professional standard requirement rather than it is the fault of the operator, the operator shall be exempted from
the relevant responsibility.

Article 20

The authority in charge of commerce shall standardize and clean market order and promote the development of the industry herein by
formulating industrial development program, promotion policy, standard and comprehensive coordination, promoting the industrial development.

The authorities in charge of commerce shall guide and support launder and dyeing quality appraisal committee to carry out quality
appraisal work, guide the relevant professions to formulate solutions to consumption dispute and to maintain the lawful rights and
interests of the operators and consumers.

Article 21

The Laundry and Dye Industry Association shall accept the business guidance of the authorities in charge of commerce to strengthen
professional self-discipline, carry out such industrial promotion development works as faithful operation, organizing the implementation
standard, providing information consultation, pursuing technical training, mediating service disputes, and reflecting the opinions
and requirements of the operators.

Article 22

Should the operator violates the Measures herein which is prescribed in laws and regulations, the laws and regulations herein shall
prevail; otherwise, the Ministry of Commerce, the industrial and commercial authority and the environmental authority shall, in accordance
with Article 3 in the Measures herein￿￿order the violators herein to rectify its acts, should the violators have illegal income,
the violators herein may be fined below 3 times and the maximum fine shall not exceed 30,000 yuan, should the violators have no illegal
income. The violators may be charged less than 10,000 yuan and may be announced.

Article 23

The authorities in charge of commerce in all provinces, autonomous regions, and municipalities may, in accordance with the Measures
herein and the practical situation of the dyeing industry in its administrative region , enact the relevant implementation measures
with the relevant authorities.

Article 24

The definitions of the terms mentioned in the Measures herein:

Enclosure dry-cleaning machine: such dry cleaning machines as use Tetrachloroethylene or petroleum derivative solvent as dry-cleaning
solvent, equipped with solvent recycled cooling system, in the process of deodorization, the gas in machine and the work place don’t
exchange and waste gas doesn’t discharge directly.

Open dry cleaning machine: such dry cleaning machines as use Tetrachloroethylene or petroleum derivative solvent as dry-cleaning solvent,
use water-cooling recycling system to conduct deodorization by absorbing fresh air and discharging dry-cleaning solvent and gas mixture
discharged from the machine before opening the in-out gate.

Dyeing: only the redyeing and dyeing of other colors in the washing and dyeing stores,

Article 25

The Measures herein shall come into effect as of July 1, 2007.



 
Ministry of Commerce, State Administration for Industry and Commerce, State Environmental Protection Administration
2007-05-11

 






CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING LOWERING THE EXPORT REBATE RATES FOR SOME COMMODITIES

Circular of the Ministry of Finance and the State Administration of Taxation concerning Lowering the Export Rebate Rates for Some
Commodities

Cai Shui[2007] No. 90

Each department (bureau) of public finance, and state taxation bureau of each province, autonomous region, municipality directly under
the Central Government and each city specifically designated in the state plan:

The export rebate rates for some commodities have been adjusted upon approval of the State Council. The related matters are hereby
noticed as follows:

1.

Cancel the export tax rebates for the following commodities:

(1)

Endangered animals and plants, and their products;

(2)

The mineral products such as salt, solvent naphtha, cement, liquefied propane, liquefied butane and liquefied petroleum gas;

(3)

Fertilizer (not including urea and diammonium phosphate for which the tax rebates have been cancelled);

(4)

Chemical product such as chlorine, dyestuffs (excluding fine chemical products);

(5)

Metal carbides and activated carbon products;

(6)

Leather;

(7)

Some wood boards and one-off wood products;

(8)

Ordinary plain carbon welded pipe products (excluding petroleum casing pipes);

(9)

Simple products processed from nonferrous metals such as non-alloyed aluminum bars;

(10)

Segmented vessels and non-motor vessels.

See Appendix 1 for the names and HS codes of the specific commodities.

2.

Lower the rates of export tax rebate for the following commodities:

(1)

The rate of export tax rebate for vegetable oil shall be lowered to 5%;

(2)

The rate of export tax rebate for some chemical products shall be lowered to 9% or 5%;

(3)

The rate of export tax rebate for plastic, rubber and their products shall be lowered to 5%;

(4)

The rate of export tax rebate for boxes shall be lowered to 11%, and the rate of export tax rebate for other leather and fur products
shall be lowered to 5%;

(5)

The rate of export tax rebate for paper products shall be lowered to 5%;

(6)

The rate of export tax rebate for garments shall be lowered to 11%;

(7)

The rate of export tax rebate for shoes, caps, umbrellas, and feather products, etc. shall be lowered to 11%;

(8)

The rate of export tax rebate for some stone materials, ceramic, glass, pearls, jewelries, precious metals and their products shall
be lowered to 5%;

(9)

The rate of export tax rebate for some steel products (petroleum casing pipes excluded) shall be lowered to 5%, but the oceanographic
engineering structures for domestic sale as stipulated in the “Circular of the Ministry of Finance and the State Administration of
Taxation Concerning the Application of VAT Rebate to Oceanographic Engineering Structures” (Cai Shui [2003] No. 46) shall still be
governed by the original rate of tax rebate;

(10)

The rate of export tax rebate for other base metals and their products (not including export rebates commodities which have been cancelled
or which are being cancelled, as well as aluminum foils, aluminum pipes and aluminum structures, etc.) shall be lowered to 5%;

(11)

The rate of export tax rebate for planers, slotting machines, cutting machines, and broaching machines, etc. shall be lowered to 11%,
and the rate of export tax debate for diesel engines, pumps, fans, exhaust valves and the parts thereof, rotary furnaces, coke furnaces,
sewing machines, staplers, golf carts, over-snow vehicles, motorcycles, bicycles, trailers, elevators and the parts thereof, faucets,
soldering machines, etc. shall be lowered to 9%;

(12)

The rate of export tax rebate for furniture shall be lowered to 11% or 9%;

(13)

The rate of export tax rebate for clocks, watches, toys and other miscellaneous products, etc. shall be lowered to 11%;

(14)

The rate of export tax rebate for some wood products shall be lowered to 5%;

(15)

The rate of export tax rebate for viscose fiber shall be lowered to 5%.

See Appendix 2 for the names and HS codes of the specific commodities.

3.

The following commodities shall be duty free when exported:

Peanut kernels, canvas, decorative carved boards, postage stamps, duty stamps, etc.

See Appendix 3 for the names and HS codes of the specific commodities.

4.

Implementation Time

The export rebate rates which have been adjusted for the commodities mentioned above shall be enforced as of July 1, 2007. The specific
implementation time shall be the date of export as indicated on the customs’ “Declaration Form for the Export of Goods (specially
used for export rebates)”.

The original rebate rate shall be permitted to continue to apply to the export enterprise if it has signed a vessel export contract
relating to cancelled export rebates before July 1, 2007, and brought the export contract (original copy and counterpart) to the
taxation authority responsible for export rebate taxes for registration and archival filing before July 20, 2007, the export tax
rebate treatment shall be considered as having been cancelled in case it fails to handle the procedures for archival filing before
July 20, 2007.

For the export equipment and building materials involved in a long-term foreign contracted engineering project for which an export
enterprise eligible for foreign contracted engineering won the bid before July 1, 2007 or in a contract for long-term foreign contracted
engineering including an unchangeable price which the enterprise concluded before July 1, 2007, the original export tax rebate rate
shall be permitted to continue applying to the enterprise if the effective bid-winning certificate (original copy and duplicate),
or the concluded contract for long-term foreign contracted engineering (original copy and duplicate) and the list of engineering
estimation had been bought by the enterprise to the taxation authority responsible for export tax rebates for registration and archival
filing before July 20, 2007. The adjusted export tax rebate policies shall apply if it fails to handle the procedures for archival
filing before July 20, 2007.

Appendixes:

1. List of Commodities the Export Rebates of Which Are Cancelled (omitted)

2. List of Commodities the Export Rebate Rates of Which Are Lowered (omitted)

3. List of Commodities Which Will be Duty Free (omitted)

The Ministry of Finance

The State Administration of Taxation

June 19, 2007



 
The Ministry of Finance, the State Administration of Taxation
2007-06-19

 






RULES AND REGULATORY DOCUMENTS TO BE ANNULLED (37 DOCUMENTS IN ALL)

Announcement of the People’s Bank of China

No. 4

The Interim Measures for Administering Online Banking Business and other 36 rules and regulatory documents (see annex) promulgated
by the People’s Bank of China shall be annulled as of the date of promulgation.
People’s Bank of China

January 5, 2007

Rules and Regulatory Documents to Be Annulled (37 documents in all)

1.

Circular of the People’s Bank of China on the Business Entry of Foreign-funded Banks and Relevant Procedures (Yin Fa [2002] No.323)

2.

Circular on Printing and Distributing the Provisions on Examination and Approval of Internal Account Transfer and Settlement Business
of Financial Companies of Enterprise Groups (Yin Fa [2000] No.341)

3.

Circular on Promulgating the Measures for Administering Loans for Auto Consumption (Yin Fa [1998] No.429)

4.

Circular on Improving Administering Special Loans (Yin Fa [1999] No.228)

5.

Circular on Printing and Distributing the Administrative Measures for Stock-pledged Loans of Securities Companies (Yin Fa [2000] No.40)

6.

Circular on Printing and Distributing the Interim Provisions on the Administrative Penalties Imposed on the Financial Employees Involved
in the Cases of Financial Swindling (Yin Fa [1995] No.43)

7.

Interim Measures for Administering Online Banking Business (Decree No. 6, 2001of the President of the People’s Bank of China)

8.

Circular on Printing and Distributing the Provisions on the Administrative Penalties Imposed on the Persons Held to Be Responsible
for Illegal and Irregular Business Operations of Financial Institutions (Yin Fa [1998] No.221)

9.

Circular on Promulgating the Measures for Commercial Bills (Yin Fa [1993] No.140)

10.

Circular on Administering Large-amount Cash Payments (Yin Fa [1997] No. 339)

11.

Circular of the People’s Bank of China on Further Enhancing Administering Large-amount Cash Payments (Yin Fa [2001] No. 430)

12.

Circular on Printing and Distributing the Measures for the Implementation of Administering Special Accounts of Marketing Funds for
Main Agricultural and Sideline Products (Yin Fa [1993] No. 148)

13.

Circular on Printing and Distributing the Provisions on the Disposal of Violations of the Reporting Systems (Yin Fa [1997] No. 510)

14.

Circular on Strengthening the Work of Non-bank Financial Institutions Regarding the Submission of Statements (Yin Fa [1998] No. 505)

15.

Circular on Strengthening Administering the Examination and Approval of Savings Outlets (Yin Fa [1994] No. 239)

16.

Circular on Resuming the Examination and Approval of the Foreign Exchange Business of Wholly State-owned Commercial Banks’ Subsidiaries
(Yin Fa [2000] No. 227)

17.

Measures for Administering the Entrustment of Certified Accountants for the Audit of Foreign-funded Financial Institutions (Yin Fa
[1996] No. 153)

18.

Circular on Revising Paragraph 1 of Article 3 of the Provisional Measures for the Establishment of Branches in China by the Foreign-funded
Banks (Yin Fa [1996] No. 62)

19.

Circular on the Financial Management of Trust Business (Yin Fa [1983] No.207)

20.

Circular on Launching the Capital Borrowing Business by Trust and Investment Companies (Yin Fa [1989] No.57)

21.

Circular on Properly Dealing With the Complaint Letters and Visits of the Staff Members in Urban Credit Cooperatives and Rural Credit
Cooperatives (Yin Fa [1997] No.122 )

22.

Circular on the Issue of Mortgage Loan Assets of Rural Credit Cooperatives (Yin Fa [1998] No.196)

23.

Circular on Specifying the Standards for Verifying the Non-performing Loans of Rural Credit Cooperatives (Yin Fa [2000] No.848)

24.

Circular on Printing and Distributing the Interim Measures of the People’s Bank of China for Administering Loans of Rural Credit Cooperatives
(Yin Fa [1999] No.169 )

25.

Circular of the People’s Bank of China on Printing and Distributing the Interim Measures of the People’s Bank of China for Administering
Loans of Rural Credit Cooperatives (Yin Fa [2001] No.119)

26.

Circular of the People’s Bank of China on the Purchase of Foreign Exchanges by Chinese-funded Commercial Banks for Supplementing the
Foreign Exchange Capital (Yin Fa [2002] No.106)

27.

Opinions of Dealing with the Personnel That Should Be Kicked Out of the Financial Sector (Yin Fa [1993] No.47)

28.

Circular on Printing and Distributing the Guidelines for Enhancing the Internal Control of Financial Institutions (Yin Fa [1997] No.199)

29.

Circular on Printing and Distributing Several Opinions of the People’s Bank of China concerning Further Improving and Strengthening
the Internal Control Construction of Financial Institutions (Yin Fa [1997] No. 565)

30.

Circular on the Application of the Circular on Inquiry about, Freeze or Deduction of Deposits of Enterprises, Public Institutions,
Organs and Organizations to the Inquiry about and Freeze of Criminal Suspects’ Deposits by the Smuggling Investigation Organs (Yin
Fa [1999] No. 139 )

31.

Circular on the Pilot Implementation of Texts of Loan Contracts in Some Provinces (Districts and Cities) (Yin Fa [1994] No. 46)

32.

Circular on Printing and Distributing the Measures for Administering Loan Certificates (Yin Fa [1995] No. 322)

33.

Circular on Printing and Distributing the Guidelines for the Classification of Loan Risks (for Trial Implementation) (Yin Fa [1998]
No. 151)

34.

Circular on Comprehensively Promoting the Classification of Loans into Five Grades (Yin Fa [1999] No. 263)

35.

Circular on Strictly Prohibiting the Use of Credit Cards, Bank Cards and Payment Cards for Unlawfully Procuring Cash (Yin Fa [1998]
No. 136)

36.

Measures for Administering the Establishment of China’s Industrial Investment Funds Abroad (Decree No. 1, 1995 of the President of
the People’s Bank of China)

37.

Circular on Printing and Distributing the Measures for the Trust Repurchase of Special Financial Bonds (Yin Fa [1997] No. 280)



 
the People’s Bank of China
2007-01-05

 






REGULATIONS ON ADMINISTRATION OF FOREIGN-INVESTED CONSTRUCTION AND ENGINEERING SERVICE ENTERPRISES

Decree of the Ministry of Construction and the Ministry of Commerce

No. 155

Regulations on Administration of Foreign-Invested Construction and Engineering Service Enterprises, which were adopted after deliberation
at the 103rd executive meeting of the Ministry of Construction on December 20th 2006, and were adopted after deliberation at the
10th ministerial meeting of the Ministry of Commerce on December 20th 2006, are hereby promulgated and shall enter into force on
26 March 2007
Minister of Construction: Wang Guangtao

Minister of Commerce: Bo Xilai

January 22, 2007

Regulations on Administration of Foreign-Invested Construction and Engineering Service Enterprises

Article 1

These Regulations are formulated in order to further the opening up to the outside and standardizing the administration of foreign-invested
construction and engineering service enterprises in accordance with such laws and regulations as the Construction Law of the People’s
Republic of China, Invitation and Submission of Bids Law of the People’s Republic of China, Law of the People’s Republic of China
on Chinese-foreign Equity Joint Ventures, Law of the People’s Republic of China on Chinese-Foreign Contractual Joint Ventures, Law
of the People’s Republic of China on Foreign-capital Enterprises, Regulation on the Quality Management of Construction Engineering.

Article 2

These Regulations shall apply to the establishment of foreign-invested construction and engineering service enterprises within the
territory of the People’s Republic of China, the application for construction and engineering service enterprise qualifications and
the administration and supervision of the foreign-invested construction and engineering service enterprises.

Article 3

The term “foreign-invested construction and engineering service enterprise” as mentioned in these Regulations refers to a Chinese-foreign
construction and engineering service equity joint venture, or a Chinese-foreign construction and engineering service contractual
joint venture, or a wholly foreign-owned construction and engineering service enterprise established within the territory of the
People’s Republic of China in accordance with Chinese laws and regulations.

The term “construction and engineering service” as mentioned in theses Regulations refers to supervision of construction engineering,
tendering agency for engineering and engineering cost consultancy.

Article 4

A foreign investor, which intends to establish a foreign-invested construction and engineering service enterprise within the territory
of the People’s Republic of China and carry out construction and engineering service business shall, in accordance with laws, obtain
the foreign-invested enterprise approval certificate from the commerce administration department and register with the Administration
for Industry and Commerce, and also obtain the qualification certificate of construction and engineering service enterprise from
the construction administration department.

Article 5

Foreign-invested construction and engineering service enterprises shall abide by the laws, regulations and rules of the People’s
Republic of China when carrying out construction and engineering service activities within the territory of the People’s Republic
of China.

The lawful operation of foreign-invested construction and engineering service enterprises and their legal rights and interests within
the territory of the People’s Republic of China shall be protected by Chinese laws, regulations and rules.

Article 6

The commerce administration department of the State Council and its authorized commerce administration departments of the people’s
government of provinces, autonomous regions or municipalities directly under the central government shall be responsible for the
administration of establishing foreign-invested construction and engineering service enterprises.

The construction administration department of the State Council shall be responsible for the administration of the qualifications
of foreign-invested construction and engineering service enterprises.

The construction administration departments of the people’s government of provinces, autonomous regions or municipalities directly
under the central government shall, in accordance with these Regulations, be responsible for the administration of qualifications
of foreign-invested construction and engineering service enterprises within their authorized jurisdiction.

Article 7

The establishment of foreign-invested construction and engineering service enterprises shall be examined and approved by the commerce
administration departments of the people’s government of provinces, autonomous regions or municipalities directly under the central
government authorized by the commerce administration department of the State Council.

Where an applicant is to apply for Grade A qualifications for construction and engineering service enterprise, it shall be examined
and approved by the construction administration departments of the State Council; Where an applicant is to apply for Grade B qualifications
or below for construction and engineering service enterprise, it shall be examined and approved by the construction administration
departments of the people’s government of provinces, autonomous regions or municipalities directly under the central government.

Article 8

The procedures for the establishment of a foreign-invested construction and engineering service enterprise and the application for
construction and engineering service qualifications shall be as follows:

(1)

The applicant shall submit an application to the commerce administration department of the people’s government of the province, the
autonomous region or municipality directly under the central government where the proposed foreign-invested construction and engineering
service enterprise is to be established;

(2)

The commerce administration department of the people’s government of the province, or the autonomous region or municipality directly
under the central government shall, within five days as of receiving the application, submit the application to the construction
administration department of the people’s government of the province, the autonomous region or municipality directly under the central
government for opinions;

(3)

The construction administration department of the people’s government of the province, or the autonomous region or municipality directly
under the central government shall provide its opinion in writing within ten days as of receiving the request. Within 30 days as
of receiving the response, the commerce administration department of the people’s government of the province, or the autonomous region
or municipality directly under the central government shall decide whether or not to approve the application and express such a decision
in written form. If the application is approved, a foreign-invested enterprise certificate shall be granted; if the application is
not approved, reasons for the disapproval shall be given in written form;

(4)

Within 30 days as of receiving the approval certificate, the applicant shall carry out enterprise registration with the relevant registration
department;

(5)

After obtaining business license for the legal entity, if the foreign-invested construction and engineering service enterprise is
to apply for the construction and engineering service enterprise qualifications, the application shall be carried out in accordance
with the relevant provisions in respect of qualification administration.

Article 9

Examination and approval of the qualifications of foreign-invested construction and engineering service enterprises by the construction
administration departments of the People’s government of provinces, autonomous regions or municipalities directly under the central
government shall be put on file with the construction administration department of the State Council within 30 days after the approval
is given.

Article 10

An applicant who intends to establish a foreign-invested construction and engineering service enterprise shall submit the following
documents to the commerce administration department of the People’s government of the province, the autonomous region or municipality
directly under the central government:

(1)

Application forms to establish a foreign-invested construction and engineering service enterprise;

(2)

The contract for establishment of foreign-invested construction and engineering service enterprise and the articles of association
(only the articles of association are required for the establishment of a wholly foreign-owned construction and engineering service
enterprise);

(3)

The notification of pre-verification of the name of the enterprise;

(4)

Documentary evidence of the investor and its bank credential letter;

(5)

Appointment letters and documentary evidence of the investor’s designated chairperson and members of the board of directors, managers
and technical managers etc.; and

(6)

Balance sheets and profit and loss accounts of the investor over the past three years audited by a certified accountant or an accounting
firm; where the establishment of the investor is less than three years, balance sheets and profit and loss accounts for the years
since its establishment shall be provided.

Article 11

The applicant applying for foreign-invested construction and engineering service enterprise qualifications shall submit the following
documents to the construction administration department:

(1)

Application forms for the qualifications for a foreign-invested construction and engineering service enterprise;

(2)

The approval certificate for the establishment of the foreign-invested construction and engineering service enterprise;

(3)

The business license for enterprise as legal person;

(4)

Documentary evidence of registration of the investor in its home country or region, document of business performance and its bank
credential letter;

(5)

Balance sheets and profit and loss accounts of the investor over the past three years audited by a certified accountant or an accounting
firm, where the establishment of the investor is less than three years, balance sheets and profit and loss accounts for the years
since its establishment shall be provided; and

(6)

Other documents as required by the regulations on the administration of enterprises’ qualifications for supervision of construction
engineering, tendering agency for engineering and engineering cost consultancy

Article 12

All materials required to be submitted by an applicant under these Regulations shall be in Chinese. If the original documentary evidence
is in a foreign language, a Chinese translation shall be provided.

Article 13

The foreign investor applying to establish foreign-invested construction and engineering service enterprise shall be an enterprise
engaging in relevant engineering service, other economic organization or a certified technician in his or her home country.

Article 14

Where an applicant who intends to apply for qualifications for foreign-invested construction and engineering enterprises, the enterprise
shall meet the conditions as required in the standards for the qualifications for enterprises of supervision of construction engineering,
tendering agency for engineering, and the engineering cost consultancy.

Article 15

The application by a foreign-invested construction and engineering service enterprise to upgrade its qualifications or to add additional
engineering qualifications shall be made to the construction administration department in accordance with relevant regulations.

Article 16

Where a foreign-invested construction and engineering enterprise alters its contract or articles of association, it shall handle
relevant procedures in the commerce administration department of the people’s government of the province, autonomous region, or municipality
directly under the central government.

Article 17

Where a foreign-invested construction and engineering service enterprise carrying out construction and engineering service activities
within the territory of the People’s Republic of China violates the Construction Law of the People’s Republic of China, Invitation
and Submission of Bids Law of the People’s Republic of China, Regulations on Administration of Construction Engineering Quality,
and other regulations, rules and relevant regulation on the administration of qualifications, it shall be imposed on a punishment
in accordance with relevant provisions.

Article 18

For investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region, who establish
construction and engineering service enterprises and carry out businesses in other provinces, autonomous regions or municipalities
directly under the central government, these Regulations shall be applied by analogy unless it is otherwise provided by laws, regulations
or the State Council.

Article 19

The construction administration department of the State Council and the commerce administration department of the State Council shall
be responsible for interpreting these Regulations.

Article 20

These Regulations shall enter into force as of 26 March 2007.



 
The Ministry of Construction, the Ministry of Commerce
2007-01-22

 






ANNOUNCEMENT NO.7, 2007 OF MINISTRY OF COMMERCE ON STARTING ANTI-DUMPING INTERIM REVIEW ON IMPORTED ETHANOLAMINE

Announcement No.7, 2007 of Ministry of Commerce on Starting Anti-dumping Interim Review on Imported Ethanolamine

[2007] No.7

The Ministry of Commerce issued Announce No.57 of 2004 on November 14, 2004 to start levying anti-dumping duties on imported Ethanolamine
(hereinafter referred to as investigated products) originating in Japan, the US, Iran, Malaysia, Taiwan Region and Mexico. Among
the related enterprises, the anti-dumping duties rate on Ethanolamine from Oriental Union Chemical Corporation was 20%, NIPPON SHOKUBAI
CO.,LTD. adopted 74% as in the Others category.

The above-mentioned two enterprises applied to Ministry of Commerce for a dumping and dumping margins judicial review on the anti-dumping
measures implemented to each of the enterprises respectively and raised petition for amending the anti-dumping duty rate correspondingly.

In respond to the application, Ministry of Commerce made an examination on related issues and decided to start a judicial review,
as of the date when this announcement is issued, on the anti-dumping measures implemented on the investigated products from the above-mentioned
two enterprises during a period from January 1, 2006 to December 31, 2006.

The investigated products are listed under Tariff No. 29221100 and 29221200 in Customs Tariff of Import and Export of the People’s
Republic of China.

Interested parties can apply in written forms to respond to charges in the interim review within 20 days as of the date the Announcement
is issued.

To get the necessary information for the investigation, Ministry of Commerce will send out questionnaire to the interested parties
accordingly, the answer sheet of which shall be submitted within 37 days as of the date of issuance of the questionnaire.

The interested parties could raise written petition for holding a hearing, which could also be held initiatively by Ministry of Commerce
when necessary.

Ministry of Commerce could, when necessary, send out staff to relate countries for field examination and verification, before which
the countries and enterprises will get notice in advance.

Any form of obstruction against the investigation may result in an arbitration based on the available fact and information.

Address: No. 2, DongChangAn St., Beijing

Postcode: 100731

Bureau of Fair Trade for Imports and Exports, Ministry of Commerce:

Tel: 86-10-65198924￿￿65197655

Fax: 86-10-65198915￿￿65198172

Ministry of Commerce

February 1, 2007



 
Ministry of Commerce
2007-02-01

 






CIRCULAR OF THE MINISTRY OF COMMERCE ON ENTRUSTING HUIZHOU DAYAWAN ECONOMIC-TECHNOLOGICAL AREA TO EXAMINE, APPROVE AND ADMINISTER THE RELEVANT WORK ON FOREIGN-INVESTED ENTERPRISES IN SOME SERVICE TRADE SECTORS

Circular of the Ministry of Commerce on Entrusting Huizhou Dayawan Economic-Technological Area to Examine, Approve and Administer
the Relevant Work on Foreign-invested Enterprises in Some Service Trade Sectors

Shang Zi Han [2007] No. 20

Huizhou Dayawan Municipal People’s Government and Huizhou Dayawan Economic-Technological Area,

Pursuant to Some Opinions on Further Promoting the Development Level of National Economic and Technical Development Zones (Guo Ban
Fa [2005] No. 15) as forwarded by the General Office of the State Council to the Ministry of Commerce, the Ministry of Land and Resources
and the Ministry of Construction as well as the provisions of the Ministry of Commerce on the authorized examination, approval and
administration of foreign-funded enterprises, the Ministry of Commerce has finished the archival filing, examination and approval
of the management systems of all the national economic and technological development zones and the connected network for examination
and approval of foreign capital. The related matters are hereby notified as follows:

1.

Upon research, we hereby authorize the Management Committee of Huizhou Dayawan Economic-Technological Area to be responsible for examining,
approving and administrating the foreign-funded enterprises in related service trade sectors set up inside its zone for the purpose
of encouraging and supporting the national economic and technological development zones to vigorously develop the high value-added
service industries.

2.

The Management Committee of Huizhou Dayawan Economic-Technological Area shall, in strict accordance with the laws and regulations
on foreign investments as well as the related provisions on foreign-funded enterprises of non-vessel shipping, construction, printing,
construction engineering design, road transport, commerce and international freight forwarding (see appendix), carefully examine
and approve the related foreign-funded enterprises set up within its zone, and report the related problems found in the work to the
Ministry of Commerce in a timely manner. The Ministry of Commerce shall implement the inspection of the aforesaid examination, approval
and administration, and cancel the authorization to a national economic and technological development zone which commits illegal
examination and approval during the course of authorization.

3.

The Management Committee of Huizhou Dayawan Economic-Technological Area shall conduct a good job in examination and approval, archival
filing and statistical work in strict accordance with the requirements of the Ministry of Commerce for networking and online joint
annual inspection and by taking advantage of the networking certification system for foreign-funded enterprises. The related statistical
data shall be in line with the requirements so that the Ministry of Commerce can keep informed of the situation and strengthen supervision.

4.

Huizhou Dayawan Economic-Technological Area, the management system of which needs to be improved, has not set up an independent finance
department yet. Huizhou Dayawan Economic-Technological Area shall keep a close eye on and further resolve the problems in the management
system, keep a concise and efficient management system, and improve the level for examining, approving and administrating the foreign-funded
enterprises. Where any management system problem that may affect the work on examining, approving and administrating the foreign-funded
enterprises is found, this Ministry will withdraw the authorized power of examination, approval and administration immediately.

5.

This circular shall enter into force as of the promulgation date.

Ministry of Commerce

February 12, 2007
Appendix:
Related documents on entrusting the competent provincial departments of commerce to examine, approve and Administer foreign-funded
service trade Enterprises

1.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Foreign-funded
Non-vessel Shipping Enterprises (Shang Zi Han [2005] No. 89)

2.

Circular of the Ministry of Commerce on Entrusting the Provincial Administrative Departments of Commerce to Examine, Approve and Administer
the foreign-funded Construction Enterprises (Shang Zi Han [2005] No. 90)

3.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and
Administer the Foreign-funded Printing Enterprises (Shang Zi Han [2005] No. 91)

4.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and
Administer the Foreign-funded Designing Enterprises for Engineering Projects (Shang Zi Han [2005] No. 92)

5.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Some Foreign-funded
Road Transport Enterprises (Shang Zi Han [2005] No. 93)

6.

Circular of the Ministry of Commerce on Entrusting Local Departments to Check Foreign-funded Commercial Enterprises (Shang Zi Han
[2005] No. 94)

7.

Circular of the Ministry of Commerce about the related Issues on Entrusting National Economic and Technical Development Zones to Examine
and Approve foreign-funded Commercial Enterprises and International Freight Forwarding Enterprises (Shang Zi Han [2005] No. 102)

8.

Measures for the Administration of Foreign-funded International Freight Forwarding Enterprises (Decree No. 19, 2005 of the Ministry
of Commerce)



 
Ministry of Commerce
2007-02-12

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING THE RELATED MATTERS ON REGULATING AND INTENSIFYING THE ADMINISTRATION OF CONSOLIDATED DECLARATION AND PAYMENT OF INCOME TAX BY FOREIGN-RELATED ENTERPRISES

Circular of the State Administration of Taxation Concerning the Related Matters on Regulating and Intensifying the Administration
of Consolidated Declaration and Payment of Income Tax by Foreign-related Enterprises

Guo Shui Fa [2007] No.23

The state taxation bureaus of each province, autonomous region, municipality directly under the Central Government and city specifically
designated in the state plan, as well as the local taxation bureaus of Guangdong Province, Hainan Province and Shenzhen Municipality:

In accordance with the provisions of the Income Tax Law on Foreign-funded Enterprises and Foreign Enterprises (hereinafter referred
to as foreign-related enterprises) and the Detailed Rules thereof, in case a foreign-funded enterprise obtains incomes from the production
and operation of its branches within the territory of China or gains other incomes, , the head office of the enterprise shall, on
a consolidated basis, pay the income taxes thereon ; where a foreign enterprise sets up two or more business offices within the territory
of China, it may select one of them to declare and pay its income taxes on a consolidated basis. For the purpose of regulating and
intensifying the administration of consolidated declaration and payment of income taxes by foreign-related enterprises, the related
matters concerning the implementation are hereby prescribed as follows:

1.

Intensifying the administration on Confirming consolidated declaration

The tax authorities at the place where the head office of a foreign-funded enterprise or a foreign enterprise’s business office in
charge of the declaration and payment of income taxes on a consolidated basis (hereinafter referred to as consolidated taxpayer)
is located shall issue a Confirmation Letter on Consolidated Declaration and Payment of Income Tax by Foreign-funded Enterprises
(see Affix 1) after registering the tax category of the foreign-related enterprise income taxes paid by the consolidated taxpayer.

A foreign-funded enterprise branch or a foreign enterprise’s business office whose income tax is declared and paid on a consolidated
basis (hereinafter referred to as branch office) shall, when going through the formalities for the registration of income tax category,
attach a photocopy of the Confirmation Letter on Consolidated Declaration and Payment of Income Tax by Foreign-funded Enterprise
as issued by the competent tax authorities at the locality of the head office of the foreign-funded enterprise or that of the approval
document on approving the foreign enterprise business institution to make a consolidated declaration and payment of income tax as
produced by the tax authorities, and the branch offices are not required to separately declare the payment of income tax upon the
examination and confirmation of the competent tax authorities.

2.

Intensifying examination and the administration of archive-filing matters

A branch office shall, within two months as of the end of each year, submit the competent tax authorities at its locality such tax-related
issues that ought to be subject to examination and archive-filing as pre-tax deduction of property losses, additional deduction of
expenses for developing technologies, accelerated depreciation of fixed assets and accelerated amortization of intangible assets,
etc. . The competent tax authorities shall, within two months as of its receipt of the aforesaid materials, accomplish the examination
work and issue a Confirmation Letter on the Examination and Archive-filing Matters of Branch Offices (see Affix 2).

A consolidated taxpayer shall, when making annual declaration of income tax, submit the materials required under normal circumstance
and, meanwhile, attach the Confirmation Letter on the Examination and Archive-filing Matters of Branch Offices issued by the competent
tax authorities at the locality of t its subordinate branch office, if not , it may not deduct the corresponding pre-tax deductible
items from its pre-tax income.

3.

Intensifying coordination and cooperation

The competent tax authorities at the localities of the consolidated taxpayer and the branch office shall seriously implement the related
provisions in the Working Rules and Procedures for the Settlement of Tax Payments by Foreign-funded Enterprises and Foreign Enterprises
(Guo Shui Fa [2003] No.12 ), perform their respective duties and intensify mutual coordination and assistance.

The competent tax authorities at the locality the branch office shall, within 30 days as of its receipt of the Letter for Assistance
in Investigating the Tax Issues of Business Offices issued by the competent tax authorities at the locality the consolidated taxpayer,
take charge of investigating and verifying the related matters and send a reply on the investigating results to the competent tax
authorities at the locality of the consolidated taxpayer.

The competent tax authorities at the localities of the consolidated taxpayer and the branch office shall, in accordance with the procedures
and steps as prescribed in the Working Rules and Procedures on Joint Tax Auditing for Foreign-related Enterprise conduct trans-regional
joint tax auditing.

All the aforesaid provisions shall go into effect since the date when the 2006 settlement of income tax payments by foreign-related
enterprise commences. In case any previous provision conflicts with the present Circular, the latter shall prevail.

Affix:

1.

Confirmation Letter on Consolidated Declaration and Payment of Income Tax by Foreign-funded Enterprises

2.

Confirmation Letter on the Examination and Archive-filing Matters of Branch Offices

The State Administration of Taxation

February 28, 2007



 
The State Administration of Taxation
2007-02-28

 






ANNOUNCEMENT NO. 26, 2007 OF MINISTRY OF COMMERCE ON PROMULGATING EXPORT LICENCE APPLICATION STANDARDS AND RELATED ISSUES ON NATURAL SAND

Announcement No. 26, 2007 of Ministry of Commerce on Promulgating Export Licence Application Standards and Related Issues on Natural
Sand

[2007] No. 26

The mainland export enterprises qualified for the Export Licence Application Standards of Natural Sand could apply for the Export
Licence of Natural Sand (See Appendix for details) with designated licensing institutions of Ministry of Commerce.

The natural sand mentioned in this Announcement means the commodity under Tariff No. 25051000 and 25059000 in the 2007 Customs Tariff
of Import and Export of the People’s Republic of China.

This Announcement shall be put into effect as from March 25, 2007.

Appendix: Export Licence Application Standards and Related Issues on Natural Sand

Ministry of Commerce

March 12, 2007



 
The Ministry of Commerce
2007-03-12

 






ANNOUNCEMENT NO. 35, 2007 OF MINISTRY OF COMMERCE ON PROMULGATING LIST FOR ENTERPRISES QUALIFIED FOR EXPORT LICENSE APPLICATION STANDARDS FOR NATURAL SAND

Announcement No. 35, 2007 of Ministry of Commerce on Promulgating List for Enterprises Qualified for Export License Application Standards
for Natural Sand

[2007] No. 35

In accordance with Announcement No. 26, 2007 of Ministry of Commerce and General Administration of Customs, the List for Enterprises
Qualified for Export License Application Standards for Natural Sand is now promulgated.

Appendix: List for Enterprises Qualified for Export License Application Standards for Natural Sand

Ministry of Commerce

March 22, 2007
Appendix:
List for Enterprises Qualified for Export License Application Standards for Natural Sand

1.

GUANGDONG METALS & MINERALS IMPORT & EXPORT GROUP CORPORATION

2.

GUANGDONG DOUMEN METALS & MINERALS IMPORT & EXPORT GROUP CORPORATION

3.

GUANGDONG XINGUANG INTERNATIONAL GROUP

4.

ZHONSHAN QIXING INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO., LTD

5.

SHENZHEN JINHE IMP. & EXP. CO., LTD

6.

ZHUHAI NANTIAN AGRICULTURAL IMP. & EXP. CO., LTD



 
Ministry of Commerce
2007-03-22

 






CIRCULAR OF THE MINISTRY OF EDUCATION CONCERNING FURTHER REGULATING CHINESE-FOREIGN COOPERATION IN SCHOOL RUNNING

Circular of the Ministry of Education Concerning Further Regulating Chinese-Foreign Cooperation in School Running

Jiao Wai Zong [2007] No.14

The education department (commission) of each province, autonomous region and municipality directly under the Central Government,
and the Education Bureau of Xinjiang Production and Construction Corp.:

This Ministry has successively promulgated a series of regulatory documents since the Rules on Chinese-Foreign Cooperation in School
Running and the implementation measures took effect, which play an important role in strengthening the administration of Chinese-foreign
cooperation in school running.

However, some serious problems still exist there on which all local administrative education departments and all higher education
institutions shall lay great stress. Some regions and schools attach particular importance to the repetitive establishment of low-level
educational programs of business, management, computer, IT and other subjects (specialties) whose cost is relatively cheap without
considering their goals and operation capacity and carefully examining the qualification and school-running capacity of foreign parties;
some schools fail to scrupulously design the mode and teaching arrangement of Chinese-foreign cooperation school running, they have
a low proportion of superior education resources, especially those special series of lectures, introduced from foreign countries,
and also have a low proportion of courses given by foreign-party teachers, so it is very difficult to guarantee quality of school
running; some seek for economic benefits by not following the principle of bringing welfare to the general public in school running
of Chinese-foreign cooperation ; and some even lack the awareness of running schools in accordance with law and maintaining the education
sovereignty, damage the teachers and students’ legal rights and interests and even give rise to group incidents.

In light of the recent field inspection and review results of Chinese-foreign cooperative school running, the publicity of some institutions’
and programs’ enrolment is not true and the students are not enrolled in prescribed ways. In some programs which we incorporated
into the state enrolment plan for schools of higher education, some students are admitted by way of violating the related state policies;
in some programs awarding diploma and academic degree of foreign educational institutions, some students cannot get foreign diploma
and academic degree on schedule and some cannot get a visa for studying abroad; some higher vocational training educational programs
attract students by promising the enrollment by foreign universities for bachelor’s degree even master’s degree, but it is not easy
to address the issue on authentication of the academic diplomas got by students from foreign universities; some higher education
institutions need to be regulated further in terms of fee charging in Chinese-foreign cooperation; some higher education institutions,
especially some key ones, confuse the limits of policies on Chinese-foreign cooperative school running purposely on in giving preparatory
courses of foreign universities or similar courses; some higher education institutions fail to demonstrate the educational programs
built up by Chinese-foreign cooperation sufficiently, the cooperative agreements they concluded are not standard and precise, and
their accounting management is not n line with the related legal requirements or even in chaos. Some schools do not lay enough stress
on the enpost_titled rights of the Chinese parties, their management right in running institutions or programs cooperatively is not given
into full play and their due leadership and decision-making right are even weakened. The coordination and supervision functions of
some local administrative education departments are not discharged sufficiently, and the slack of law enforcement occurs from time
to time.

For the purpose of further regulating Chinese-foreign cooperation in school running, the related issues are hereby notified as follows:

1.

To effectively enhance the sense of responsibility and emergency to maintain the stability of higher education institutions. Maintaining
the stability of higher education institutions is an requirement that is inevitable to build a socialist harmonious society and a
guarantee which is important for higher education undertaking to develop continuously, coordinately and soundly To run schools by
Chinese-foreign cooperation, it is necessary to further enhance political perspicacity responsibility, stick to maintaining education
policies’ seriousness, stability and consistency, stick to safeguarding students’ legitimate rights and interests, prevent and eliminate
the negative effects of student group incidents incurred by all kinds of factors on Chinese-foreign cooperation in school running,
and promote the Chinese-foreign cooperation in school running to develop soundly.

2.

To steadfastly adhere to the principle of for the public welfare in running schools. The related higher education institutions which
have cooperatively-run educational programs shall collect fees strictly according to the charging items stipulated by the state and
the charging rates approved by the people’s governments at the provincial level of the places where they are located, and make the
charging items and rates public to the society. It is necessary to rectify the guiding thoughts for school running, resist and correct
the wrong understanding and practices that running schools involving Chinese-foreign cooperation is taken as a means of bringing
about economic income to schools.

3.

To take the introduction of quality education resources of high quality as the core and examining the satisfaction of requirements
carefully by cooperatively-run programs before being approved. From now on, when conducting the examination and approval for a educational
institution or program involving Chinese-foreign cooperation that undertakes certificated higher education of the college or higher
level, the Ministry of Education shall take whether the foreign educational institution is famous or has famous subjects, specialties
or famous professors as the major basis, and, in principle, shall not approve the same kind of cooperative educational program which
a foreign educational institution has launched in China or of which the specialty is concentrated relatively in China and the charging
rates are obviously far beyond its cost on running schools.

4.

To make more efforts in researching policy and planning on development of running school of Chinese-foreign cooperation undertaking
higher vocational education in order to effectively take strengthening intension construction and improving quality of education
as the major tasks of the reform and development of higher vocational education. By the end of 2008, each region shall suspend accepting
the applications for archive-filing serial number submitted by educational institutions or programs involving Sino-foreign cooperation
of this category. During this period, all regions shall earnestly do a good job in formulating plans and making preparations for
the development planning for the cooperative school-running in higher vocational education of this region in terms of subjects, specialties,
choice of foreign countries, quantity and layout, etc, and submit a report to the Ministry of Education to provide schools with a
guidance for introducing educational resources of high quality from foreign countries, draw upon foreign parties’ good experiences
in the terms of subject and specialty arrangement, curriculum system reform, teaching content renewal and talent cultivation mode
innovation, etc., and reinforce their capability in cultivating high skilled talents in the fields of advanced manufacturing industry,
modern agriculture and modern service industry, especially, in the fields of energy, minerals, environmental protection and banking,
etc.

5.

To accurately hold the policy limit on Chinese-foreign cooperative school running. At present, some higher education institutions,
especially some key ones, provide so-called preparatory course of a certain foreign university of which some are actually foreign
language training. As the foreign university does not take part in the teaching activities conducted within the territory of China,
the Chinese party and foreign party sign a so-called agreement on mutual recognition of credits and promise that the students attending
preparatory courses have opportunities to continue studying at the foreign university and may, after finishing their study, get diplomas
of the university. The educational activity mentioned above is not an educational activity carried out by Chinese-foreign cooperation
and is not beneficial for improving the teaching quality of higher education institutions. All higher education institutions shall
put the emphasis of their work on the improvement of education quality, and no one may conduct any such educational activity, let
alone in the name of Chinese-foreign cooperative school running.

6.

To further strengthen supervision over and management of the whole process of Chinese-foreign cooperative school running according
to the spirit of governing education under law and standardized administration. At present, the major stress in work shall be to
administrate the general regulations and advertisements on recruiting students in a standardize manner and to supervise over such
links which are easy to cause contradictions as issuance of academic credentials and diplomats and educational systems. We shall
conduct an inspection by putting emphasis on the two aspects mentioned above, timely solve the problems found out and firmly and
reliably handle serious problems. Such policies shall be rigidly put into effect as that the general regulations or advertisement
on student recruiting of any educational institution or program involving Chinese-foreign cooperation shall be timely reported to
the organ in charge of the examination and approval for record and that the school-running report of any cooperatively-run educational
institution or program shall, within the prescribed time limit, be submitted to the organ in charge of the examination and approval,
etc.

7.

This Ministry will adopt corresponding measures to further strengthen administrative supervision over school running of Chinese-foreign
cooperation, and the stress shall be laid on the acceleration of the construction of “two platforms” and “two mechanisms”, namely,
information platform for supervision work over school running of Chinese-foreign cooperation, which shall be on the basis of foreign-related
education supervision information net, platform for authenticating the certificates issued by Chinese-foreign cooperatively-run schools,
the mechanism for assessing quality of school running of Chinese-foreign cooperation which is built up in order to assess Chinese-foreign
cooperative school-running quality in some selected provinces and cities according to different major subjects, and the law enforcement
and penalty mechanism for Chinese-foreign cooperative school-running which is built up in order to reinforce the responsibilities
of school-running entities and the administrative departments of various levels as required. For the purpose of doing a better job
in the publicity of governmental affairs and information disclosure, this Ministry will gradually make public the list of approved
Chinese-foreign cooperative educational institutions and programs and other related information. At the beginning of January 2007,
information on some educational institutions and programs involving Chinese-foreign cooperation which undertake the higher diploma
education of college level or higher has been publicly put on the website and the foreign-related education supervision information
net of the Ministry of Education.

8.

The administrative education department, higher education institution in each region shall set forth and constitute the work plan
of further regulating Chinese-foreign cooperation in school running, clean up and rectify the regulation-violating behaviors currently
existing in school running of Chinese-foreign cooperation in a centralized way according to the spirit of the present Circular. They
shall find out the real situation and carry out inspection on Chinese-foreign cooperation in school running in order to keep informed
of the comprehensive situation, find out existing problems and rectify them properly and timely. The work plan and situation relating
to cleaning up and rectification shall be timely reported to this Ministry.

This Ministry will supervise and inspect each region and each higher education institution for the implementation of the present Circular,
and at a proper time organize an inspection team to supervise and inspect the implementation of the related work.

Ministry of Education

April 6, 2007



 
Ministry of Education
2007-04-06

 






1...121314...16Page 13 of 16

CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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