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REPLY OF THE STATE ADMINISTRATION OF TAXATION CONCERNING THE TAX EXEMPTION OF HONG KONG OCEAN PARK, GUANGZHOU REPRESENTATIVE OFFICE

Reply of the State Administration of Taxation Concerning the Tax Exemption of Hong Kong Ocean Park, Guangzhou Representative Office

Guo Shui Han [2007] No.273

The State Taxation Bureau of Guangdong:

We have received your Request for Instructions upon Matters about the Tax Exemption of Hong Kong Ocean Park, Guangzhou Representative
Office (Yue Guo Shui Fa [2006] No.260), and make a reply as follows:

The Guangzhou Representative Office of Hong Kong Ocean Park was set up in 2006, and mainly undertakes the liaison and consultation
work on the head office’s related e business. A certificate produced by the Hong Kong Tax Authority proves that the head office,
Hong Kong Ocean Park, is a non-profitable institution. In accordance with the provisions of the Circular of the State Administration
of Taxation Concerning the Related Matters about Reinforcing the Collection and Administration of Taxes on the Permanent Establishments
of Foreign Enterprises (Guo Shui Fa [1996] No.165) and the Circular of the State Administration of Taxation Concerning the Related
Matters about the Tax Administration of the Permanent Establishments of Foreign Enterprises (Guo Shui Fa [2003] No.28), as regards
the business activities conducted by Hong Kong Ocean Park, Guangzhou Representative Office, business tax and enterprise income tax
shall be exempted as long as they fall within the scope as prescribed in Item (2), Paragraph 2 of Article 1 of the Document (Guo
Shui Fa [1999] No.165).

The State Administration of Taxation

March 6, 2007



 
The State Administration of Taxation
2007-03-06

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON ISSUES CONCERNING FOREIGN EXCHANGE CONTROL RELATING TO THE RESTRUCTURING OF FOREIGN-FUNDED BANKS

Circular of the State Administration of Foreign Exchange on Issues concerning Foreign Exchange Control Relating to the Restructuring
of Foreign-funded Banks

Hui Fa [2007] No.15

The branches and foreign exchange departments of the State Administration of Foreign Exchange in each province, autonomous region
and municipality directly under the Central Government, as well as the municipal branches of the State Administration of Foreign
Exchange in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo:

According to the Regulation of the People’s Republic of China on the Administration of Foreign-funded Banks as promulgated by the
State Council on November 11, 2006, the related issues concerning foreign exchange control relating to the restructuring of the branches
of foreign banks are hereby notified as follows:

1.

Business qualification

A restructured solely foreign-funded bank shall succeed to the qualification of the original foreign bank branch that has been approved
for developing spot foreign exchange settlement and sale, forward foreign exchange settlement and sale, RMB and foreign currency
swap as well as other derivative business between RMB and foreign currencies, etc., and shall go through the registration alteration
formalities at the branch of the State Administration of Foreign Exchange (including foreign exchange department, hereinafter referred
to as foreign exchange branch) at the place where it is located. A branch of the solely foreign-funded bank shall succeed to its
own qualification for developing the related settlement and sale business as well as the derivative business between RMB and foreign
currencies as approved before the restructuring of bank, and shall go through the registration alteration formalities at the foreign
exchange branch of the place where it is located.

A restructured solely foreign-funded bank shall assume the membership of the original foreign bank branch in the foreign exchange
market. A solely foreign-funded bank that assumes the membership in the inter-bank spot foreign exchange market shall go through
the registration alteration formalities at China Foreign Exchange Trading Center; a solely foreign-funded bank that assumes the forward
foreign exchange trading qualification or the inter-bank RMB and foreign currency swap trading qualification shall go through the
registration alteration formalities at the State Administration of Foreign Exchange after reporting the alteration information to
China Foreign Exchange Trading Center for preliminary examination; a solely foreign-funded bank that assumes the qualification of
market maker for the transactions between RMB and foreign currencies in the inter-bank foreign exchange market shall submit the information
about alteration to the State Administration of Foreign Exchange for archival filing.

With respect to the restructuring of a foreign bank branch that has obtained the custodian qualification for QFII, the successor of
the custodial qualification shall be applied for approval to the State Administration of Foreign Exchange. If the successor is a
solely foreign-funded bank, it shall go through the registration alteration formalities at the State Administration of Foreign Exchange;
if the successor is a foreign bank branch reserved for developing the wholesale business of foreign exchange (hereinafter referred
to as book-keeping bank), it shall apply to the State Administration of Foreign Exchange for archival filing.

Where a solely foreign-funded bank is restructured from a foreign bank branch with QDII business qualification, it may directly succeed
to the QDII quota.

2.

Administration of Synthetic Positions in Foreign Exchange Settlement and Sale

The State Administration of Foreign Exchange and the branches thereof shall manage the synthetic positions in the foreign exchange
settlement and sale of solely foreign-funded banks by following the current management style. A solely foreign-funded bank may assume
the limit of synthetic position in foreign exchange settlement and sale of the original foreign bank branch. In case of any adjustment
to the limit of synthetic position in foreign exchange settlement and sale by any solely foreign-funded bank, it shall, according
to its own capital status, send an application to the foreign exchange branch of the place where it is located subject to the Circular
of the State Administration of Foreign Exchange on the Measures for Adjusting the Administration of Synthetic Positions in the Foreign
Exchange Settlement and Sale of Banks (Hui Fa [2005] No. 69), Circular of the Comprehensive Department of State Administration of
Foreign Exchange on Related Issues concerning the Verification of the Limit of Synthetic Positions in the Foreign Exchange Settlement
and Sale of Banks (Hui Zong Fa [2005] No.118) and other related provisions.

With respect to a book-keeping bank that did not practice uniform management on synthetic positions in foreign exchange settlement
and sale prior to the restructuring, it may assume the limit of synthetic position in foreign exchange settlement and sale of the
original foreign bank branch. As for a book-keeping bank that has practiced uniform management on synthetic position in foreign exchange
settlement and sale before the restructuring, it shall apply to the foreign exchange branch of the place where it is located for
re-examining the limit of synthetic position in foreign exchange settlement and sale along with the related materials.

3.

Transfer of foreign exchange capital and swap between RMB and foreign currencies

The transfer of foreign exchange working capital between a restructured solely foreign-funded bank and the branches thereof may be
handled by the bank independently. As for the swap of the (working) capital of a solely foreign-funded bank between RMB and foreign
currencies, it shall apply for approval to the foreign exchange branch of the place where it is located in advance pursuant to the
Circular of the State Administration of Foreign Exchange on the Banks’ Own Capital and the Principles and Procedure for the Examination
and Approval of Foreign Exchange Settlement and Sale of Financial Projects (Hui Fa [2004] No.61) and other related provisions. With
respect to any bank that has annually accumulated (working) capital swapped between RMB and foreign currencies in excess of the equivalent
amount of 500 million yuan (including 500 million yuan) shall apply to the foreign exchange branch for preliminary examination, and
then it shall be submitted to the State Administration of Foreign Exchange for approval.

4.

Accounting items for foreign exchange settlement and sale

In accordance with the Interim Measures for the Administration of Foreign Exchange Settlement and Sale Operations by Designated Foreign
Exchange Banks (Decree No. 4, 2002 of the People’s Bank of China), a restructured solely foreign-funded bank shall establish independent
accounting items for foreign exchange settlement and foreign exchange sale, it shall respectively treat foreign exchange settlement
and sale for the clients, foreign exchange settlement and sale for self-purpose, sale of exceeding foreign exchange settlement and
sale position within the system, as well as sale of exceeding foreign exchange settlement and sale position in the market, and carry
out accounting treatment under the accounting item for foreign exchange settlement and that for foreign exchange sale separately.
A solely foreign-funded bank that fails to meet the aforesaid requirements by the end of the preparatory work of restructuring shall
comply with the requirements within two years as of its opening as approved by China Banking Regulatory Commission.

5.

Management on surplus quotas for short-term external debts and overseas guarantee

A restructured solely foreign-funded bank shall inherit the original foreign bank branch’s quotas for short-term external debts and
the quotas for offering financing guarantee for Chinese-invested enterprises outside the territory of China, and shall apply for
archival filing to the State Administration of Foreign Exchange and the foreign exchange branch of the place where it is located.
The registration of creditor’s rights, debts and overseas guarantees handled by the original foreign bank branch shall be altered
to be under the name of the solely foreign-funded bank accordingly. The bank shall apply for handling the registration alteration
of overseas debts to the State Administration of Foreign Exchange once and for all. With respect to the registration alteration of
overseas guarantee and domestic foreign exchange loans, the guarantor or the creditor bank shall apply for handling the alteration
to the foreign exchange branch of the place where it is located once and for all.

Where an bank outside the territory of China sets up an solely foreign-funded bank and a book-keeping bank within the territory of
China simultaneously, the surplus quotas that is for short-term external debts and for providing financing guarantee for Chinese-invested
enterprises outside the territory of China may be used by both the solely foreign-funded bank and the book-keeping bank, and the
solely foreign-funded bank shall assume the management duties accordingly.

When going through the registration alteration or filing of all the aforesaid businesses, an applicant shall submit a application
in written form, document as approved for the opening thereof by China Banking Regulatory Commission, the related documents as approved
for its qualification for carrying out such business by the State Administration for Foreign Exchange and other documents as required
by the State Administration for Foreign Exchange. All foreign exchange branches shall simplify the procedures for approving the registration
alteration.

As of the receipt of this Circular, all foreign exchange branches shall transmit it to the sub-bureaus and foreign-funded banks within
their respective jurisdictions. In case of any problem in the implementation of this Circular, please timely feed it back to the
State Administration of Foreign Exchange.

Tel:

Department of Balance of Payments: 010￿￿68402464, 68402311;

Fax: 010￿￿68402315, 68402303

Capital Account Management Department: 010￿￿68402247, 68402348;

Fax: 010￿￿68402208, 68402349

The State Administration of Foreign Exchange

March 20, 2007



 
The State Administration of Foreign Exchange
2007-03-20

 






OFFICIAL REPLY OF CHINA INSURANCE REGULATORY COMMISSION CONCERNING SUCH MATTERS AS THE DETERMINATION OF INSURANCE VALUE

Official Reply of China Insurance Regulatory Commission Concerning Such Matters as the Determination of Insurance Value

Bao Jian Ting Han [2007] No.71

The Insurance Regulatory Bureau of Inner Mongolia:

We have received your Request for Instructions on Such Issues as the Determination of Insurance Value (Nei Bao Jian Fa [2007] No.24).
Upon study, we hereby reply as follows:

1.

As regards the term “insurance value”, at present, there is not any clear definition in any legislation. In accordance with the interpretations
on the Insurance Terms formulated by China Insurance Standardization Technical Committee, insurance value means the value of insurance
object as stipulated by both parties and indicated in the insurance contract or the actual value of insurance subject matter at the
time when the insurance accident occurs.

In accordance with provisions of Article 40 of the Insurance Law, two ways may be adopted for determining the insurance value of
an insurance subject matter, namely, either be stipulated by the insured and the insurer and indicated in the insurance contract
or be determined in accordance with the actual value of the insurance subject matter when insurance accident occurs. The former means
valued insurance and the latter means unvalued insurance. In actual practice, attention shall be paid to whether stipulation in the
insurance contract is about the insurance amount or the insurance value of insurance subject matter.

2.

The term “replacement value” means the value or expenses spent for replacing damaged property with the same or similar substance and
quality, which is a method for deciding insurance value in property insurance.

The term that “the insurance value of fixed assets shall be the replacement value at the time when insurance accident occurs” means
that the insurance value of fixed assets shall be decided in accordance with the replacement value as provided for in the basic insurance
clauses of life insurance or property insurance.

3.

As regards an insurance, the insurance amount of which is determined by way of price appraisement, after an insurance accident occurs,
the insurance value shall be decided in accordance with the actual value of insurance object at the time when the insurance accident
occurs.

China Insurance Regulatory Commission

April 3, 2007



 
China Insurance Regulatory Commission
2007-04-03

 






LETTER OF THE MINISTRY OF COMMERCE ABOUT REINFORCING THE PROTECTION OF INTELLECTUAL PROPERTY WHEN ATTENDING OR ORGANIZING OVERSEAS EXHIBITIONS

Letter of the Ministry of Commerce about Reinforcing the Protection of Intellectual Property When Attending or Organizing Overseas
Exhibitions

Shang Fa Han [2007] No.16

The people’s governments of all provinces, autonomous regions, municipalities directly under the Central Government, the cities specifically
designated in the state plan and Xinjiang Production and Construction Corporations.:

During these years, the Chinese enterprises have been involved in more and more disputes on intellectual property when attended overseas
exhibitions. On CPHL Worldwide 2006 which was held in France, the Chinese enterprise exhibitors were suspected of infringement on
intellectual property, which leaded to ill consequences, for example, some related personnel were detained and some exhibits were
confiscated. The same thing happened in March 2007 on CeBIT, which was held in Hanoverian, Germany. The repetitive occurrence of
such incidents shows that some Chinese enterprises are short of the awareness of protecting intellectual property and fail to place
enough emphasis on the protection of intellectual property when preparing to go abroad to attend exhibitions. Such incidents have
not only impaired China’s overseas good image in the facet of protection of intellectual property, but also resulted in great damage
to the reputation and interests of those enterprise exhibitors themselves and even endangered the personal safety of some individuals.

To respect and protect intellectual property is not only a requirement for the development of enterprises themselves, a requirement
for the development of national economy and science and technology, but also a requirement for promoting the sound development of
Chinese-foreign trade and economic relations. Therefore we should make continuous efforts to enhance enterprises’ understanding of
protecting intellectual property. For the purpose of guiding enterprises going abroad to attend exhibitions to do well the protection
of intellectual property, we hereby inform the related issues as follows:

1.

Great emphasis shall be laid on the protection of intellectual property in attending overseas exhibitions. More efforts in guiding
and supervising the related local functional management shall be made. And an effective work mechanism to avoid the occurrence of
infringements in overseas exhibitions shall be set up.

2.

The circumstances about the protection of intellectual property in the process of attending overseas exhibitions by local enterprises
shall be sorted out and analyzed. The administration of enterprises attending overseas exhibitions and entities organizing overseas
exhibitions shall be further reinforced. The examination and verification of the protection of intellectual property shall be taken
as an importance task.

3.

A responsibility system for infringements on intellectual property shall be set up. Those domestic enterprises that attend overseas
exhibitions or entities organizing overseas exhibitions which lead to serious consequences because of their infringement upon intellectual
property shall be imposed upon necessary punishment according to the actual circumstances.

4.

Enterprises attending overseas exhibitions or entities organizing overseas exhibitions shall be trained in terms of intellectual property
to improve their awareness of protecting intellectual property. They shall not only protect their own intellectual property but respect
others’ legitimate rights and interests.

5.

All regions shall actively conduct China’s business councils in foreign countries to hear the related suggestions when organizing
overseas exhibitions.

Each region shall contact the Department of Treaty and Law of the Ministry of Commerce in the case of any complaint or suggestion
in conducting the related work.

Contact person: Yang Hanhui, Chen Fuli

Tel: 65198154/8761

Ministry of Commerce

April 30, 2007



 
Ministry of Commerce
2007-04-30

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING REFUND OF TAXES LEVIED ON PURCHASE OF DOMESTIC EQUIPMENT BY CONSTRUCTION ENTERPRISES ENTRUSTED BY FOREIGN-FUNDED ENTERPRISES THROUGH CONTRACTING FOR LABOR AND MATERIALS

Circular of the State Administration of Taxation concerning Refund of Taxes Levied on Purchase of Domestic Equipment by Construction
Enterprises Entrusted by Foreign-funded Enterprises through Contracting for Labor and Materials

Guo Shui Han [2007] No.637

All the state taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central Government and cities
specifically designated in the state plan:

We have received letters from some areas recently requesting the State Administration of Taxation to clear the examination and approval
procedures for refund of taxes levied on purchase of domestic equipment by construction enterprises entrusted by foreign-funded enterprises
through contracting for labor and materials. Upon study, a circular on relevant issues is hereby rendered as follows:

1.

For the engineering projects which are contracted out by foreign-funded enterprises through contracting for labor and materials, if
such construction enterprises execute with their contractors an agreement for purchase of domestic equipment, entrusted to purchase
domestic equipment, and get VAT invoices (the purchasers on VAT invoices should be the Construction Enterprises) issued therefore,
the invoices shall be delivered to the foreign-funded enterprises for application for tax refund under relevant rules.

2.

Procedures for Application for Tax Refund

(1)

When applying for tax refund, the foreign-funded enterprises should fill out Application Form for Purchase of Domestic Equipment by
Foreign-funded Projects, together submit the credence stipulated in Circular of the State Administration of Taxation and National
Development and Reform Commission on Printing and Issuing the Trial Measures for the Administration of Refund of Taxes Levied on
Purchase of Domestic Equipment by Foreign-funded Projects (Guo Shui Fa [2006] No.111), VAT invoices for the purchase of domestic
equipment by the construction enterprises on behalf of the engineering projects, the General Contract by the foreign-funded enterprises
and the construction enterprises, the list of domestic equipment purchased on entrustment, the list of equipment delivered by the
construction enterprises to the foreign-funded enterprises, the Opinion Letter on Checking and Accepting the Equipment issued by
relevant departments of the foreign-funded enterprises, and payment voucher, etc. to the competent tax authorities for tax refund.

(2)

After accepting the application for tax refund, for those equipments under the General Contract between the foreign-funded enterprises
and the construction enterprises, whose VAT invoices read the construction enterprises as the purchasers, the competent tax authorities
should send letters to the tax competent authorities of the supply enterprises to make an investigation. If the replies affirm the
authenticity of the invoices and that the tax declaration of the equipment in the invoices has been made, the tax competent authorities
shall handle the application. If the replies cannot affirm the authenticity of the invoices, or if the replies cannot affirm whether
the tax declaration of the equipment in the invoices has been made, or if the replies can not be received, the tax competent authorities
shall not transact the application.

3.

Other matters not covered in this Circular shall be governed by the document “Guo Shui Han [2006] No.111”.

State Administration of Taxation

June 12, 2007



 
State Administration of Taxation
2007-06-12

 






CIRCULAR OF MINISTRY OF COMMERCE ON PRINTING AND ISSUING THE “11TH FIVE-YEAR” DEVELOPMENT PROGRAM OF CONSTRUCTION OF PUBLIC BUSINESS INFORMATION SERVICE SYSTEM

Circular of Ministry of Commerce on Printing and Issuing the “11th Five-year” Development Program of Construction of Public Business
Information Service System

Departments of commercial administration of all provinces, autonomous regions, municipalities and cities special designated in the
state plan, units directly under administration of Ministry of Commerce, all chamber of commerce, associations, academies and all
economic and business institutions in foreign countries:

As an important special program stipulated in accordance with the “11th Five-year” Program Outline of Commerce Development, the “11th
Five-year” Development Program of Construction of Public Business Information Service System (hereinafter referred to as Program)
generally reviews the historical development and major achievements of construction of China’s public business information service
system during the “10th Five-year” program, analyzes the current problem and the posture in front, and puts forward the guiding ideology,
development goal, major measures and key project of construction of public business information service system during the “11th Five-year”
program. It is an important guiding document to well finish the work of public business information service system.

For purposes of releasing goal and task of the Program, here print and issue the Program to you all for implementation in line with
practical situation.

The Ministry of Commerce

January 5, 2007



 
The Ministry of Commerce
2007-01-05

 






MEASURES FOR ADMINISTRATION OF FOOD SAFETY IN CIRCULATING FIELD

Decree No.1, 2007 of Ministry of Commerce

The 10th ministerial meeting of Ministry of Commerce has approved the Measures for Administration of Food Safety in Circulating Field
on Dec 30, 2006, which is now promulgated and shall take effect as from May 1, 2007.
Minister: Bo Xilai

January 19, 2007

Measures for Administration of Food Safety in Circulating Field

Article 1

For purposes of regulating food safety in circulating field, enhancing industrial administration on food circulation, ruling food
operation and safeguarding security of food consumption, these Measures are formulated in accordance with relevant state laws and
regulations.

Article 2

The term “markets” as mentioned herein refers to wholesale markets and retail markets (including fairs, supermarkets, department
stores, warehouse-type member shops, convenient stores, grocery stores, etc) that are engaged in food trade activity.

The term “franchiser” as mentioned herein refers to organizations and individuals engaging in business of food wholesale, retail and
field fabrication sales.

Article 3

All food circulation activities within the territory of the People’s Republic of China shall be governed in accordance with these
Measures.

Article 4

The Ministry of Commerce is in charge of industrial administration on food safety in circulating field.

Departments of commercial administration above county-level are responsible for industrial administration on food safety in circulating
field, guiding and supervising markets to set up management system on food circulating safety.

Article 5

Markets and operators shall obtain relevant certificate of food business such as business license required by laws and regulations.
Food business environment shall comply with relevant laws and regulations and standards of national food safety and sanitation.

Article 6

Market shall set up management departments in charge of food safety or have executive personnel of food safety, so as to supervise
food safety status of markets.

Article 7

Market shall set up the following managerial systems:

(1)

Agreement access system. Markets shall sign agreement of food safety guarantee with market operators, clarifying safety responsibilities
of food operation.

Markets are encouraged to set up direct supply relations directly with food producing base and food processing factories.

(2)

Operations management system. Markets shall establish operation management files for operators, such as dynamic information of identity
of operators, contact, products, and credit as well. The information above shall be kept for at least 2 years since the operator
quit from the market.

Forgery of operator files is forbidden.

(3)

Certificate and license asking system. Markets shall ask food operators for certificate and invoice, investigate effective certification
of food supplies and food safety, and keep copies of relevant certificates and licenses.

(4)

Purchase and sale machine account system. Markets shall establish or require operators to establish system of purchase and sale machine
account, recording contents like producers, name, stock time, origin, specifications, quality grade, and quantity. Those undertaking
wholesale business shall record buyers and their contact, time, specification and quantity.

Where any hidden danger is found in food for sale in the markets, markets shall terminate the sale of the food immediately upon confirmation
of qualified investing authority and report to relevant departments for disposal according to law.

Article 8

Markets are encouraged to apply for green market attestation and use relevant certificate symbols.

Plagiarisms of above attestation symbols are forbidden.

Article 9

Relevant food safety facilities and conditions are required for sales of food of field fabrication sales, bulk sales and frozen and
fresh food. These foods shall be away form contaminant and comply with national safety standards of relevant foods.

Making of foods of field fabrication are encouraged to be visible to consumers.

Fresh and cooked food shall be shelved in different division to prevent crossing contamination.

Article 10

Departments of commercial administration shall establish market inspection system, inspecting and supervising establishment of food
safety management system and implementing status.

Article 11

Departments of commercial administration shall enhance management on credit files of food safety in circulating field, and improve
market credit supervision and penalty mechanism of loosing credit.

Article 12

Departments of commercial administration shall set up coordination and cooperation mechanism with intermediary agent organizations
of food circulating industries, and let the industrial organizations play role of self discipline.

Article 13

News agencies are encouraged to carry out supervision of public opinion on those against these Measures.

Units and individuals may inform local departments of commercial administrations of violation of these Measures, and write to state
or request.

Article 14

Where markets are in violation of Articles 6 and 7 and Item (2) of Article 8 of these Measures, departments of commercial administration
shall warn and order them to correct in time limit. Those fail to do so shall be fined 1000 to 5000 yuan; where the circumstance
is serious, they shall be fined 5000 to 30, 000 yuan and announced to the public.

Article 15

Staff of departments of commercial administration committing an act of dereliction of duty or misuse of powers shall be imposed administrative
disciplinary measures.

Article 16

These Measures shall be subject to the interpretation of the Ministry of Commerce.

Article 17

These Measures shall enter into force as of May 1, 2007.



 
The Ministry of Commerce
2007-01-19

 






ANNOUNCEMENT NO.2, 2007 OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA

Announcement No.2, 2007 of the General Administration of Customs of the People’s Republic of China

[2007] No.2

In accordance with the regulations of Anti-dumping Regulations of People’s Republic of China and the results of the anti-dumping investigation
on imported Sulfamethoxazole originated from India (hereinafter referred to as the investigated products), Ministry of Commerce made
the preliminary arbitration to implement temporary anti-dumping measures on the investigated products.

Matters concerning the above-mentioned measures are notified as follows:

1.

As of February 1st, 2007, the investigated products shall be charged with deposit in security. Anti-dumping deposit = (price after
customs duty * rate of anti-dumping deposit)*(1+ rate of value-added tax of import)

2.

Any unit applying for importing Sulfamethoxazole shall submit certificate of place of origin to the Customs. If the place of origin
is India, invoice of the original manufacturer shall be provided.

3.

Issues concerned imposition of anti-dumping deposit shall be conducted in accordance with Announcement No. 9, 2001 of the General
Administration of Customs of the People’s Republic of China and Decree No. 111 of the General Administration of Customs of the People’s
Republic of China.

4.

The Customs shall notify later about the transaction of the imposed anti-dumping deposit.

5.

Any similar product for import could apply to Ministry of Commerce for the arbitration on whether it is under the temporary anti-dumping
measures. The Customs shall act accordingly.

Appendix:

1.

Announcement No. 2, 2007 of Ministry of Commerce

2.

Anti-dumping Deposit Ratio Table for Sulfamethoxazole

General Administration of Customs

January 31, 2007



 
General Administration of Customs
2007-01-31

 






CIRCULAR OF THE MINISTRY OF COMMERCE ON ENTRUSTING GUANGZHOU NANSHA 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 Guangzhou Nansha 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. 9

Guangzhou Nansha Municipal People’s Government and Guangzhou Nansha 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 Guangzhou Nansha 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 Guangzhou Nansha 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 Guangzhou Nansha 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.

Guangzhou Nansha Economic-Technological Area, the management system of which needs to be improved, has not set up an independent finance
department yet. Guangzhou Nansha 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 FOREIGN INVESTMENT BUREAU OF THE STATE ADMINISTRATION OF INDUSTRY AND COMMERCE

Circular of the Foreign Investment Bureau of the State Administration of Industry and Commerce

On the Adjustment of Jurisdiction over Registration of Some Foreign-invested Enterprises and the Transfer of Archives

For the purpose of facilitating the registration and annul inspection of foreign-invested enterprises, regulating the jurisdiction
of registration and strengthening the administration and supervision, the Foreign Investment Bureau of the State Administration of
Industry and Commerce, upon discussion and deliberation, decides to transfer the jurisdiction of registration of some foreign-invested
enterprises (see Appendix for the Name List) to the authorized bureaus where the enterprises are located, and at the same time,
the registration archives of the above-mentioned enterprises shall also be transferred. The 2006 annual inspection shall be conducted
in the new authorized bureaus which are required to make a good preparation for the reception of archives, the change of business
licenses and the annual inspection.

Where there is any question in the enforcement, please contact the Registration Division of the Foreign Investment Bureau of the State
Administration of Industry and Commerce on a timely basis.

Person to be contacted: Wang Dan

Tel: 010-88650164

Fax: 010-68012268

Appendix:

Name List of 258 Foreign-invested Enterprises Whose Registration Authorities Are to Be Adjusted (Omitted)

Foreign Investment Bureau of the State Administration of Industry and Commerce

February 26, 2007



 
Foreign Investment Bureau of the State Administration of Industry and Commerce
2007-02-26

 






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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

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CONSTITUTION ACT, 1982 – page 18

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