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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

 






ANNOUNCEMENT NO. 23, 2007 OF MINISTRY OF COMMERCE

Announcement No. 23, 2007 of Ministry of Commerce

[2007] No. 23

Mixture mentioned in the Article 7 of Provisions on the Administration of the Import and Export of Precursors and Chemicals Used
in Production of Narcotic Drugs and Psychotropic Substances (hereinafter referred to as “the Provisions”) means:

1.

Commodity that contains one of the four precursors and chemicals used in production of narcotic drugs and psychotropic substances,
namely toluene, acetone, butanone, sulphuric acid, with a proportion of more than 40% (excluded) and commodity with a hydrochloric
acid proportion of more than 10%(excluded).

2.

Commodity that contains other precursors and chemicals used in production of narcotic drugs and psychotropic substances, other than
the above-mentioned 5 categories, listed in the Provisions on the Administration of the Import and Export of Precursors and Chemicals
Used in Production of Narcotic Drugs and Psychotropic Substances.

Compound medicine formulation with the precursors and chemicals used in production of narcotic drugs and psychotropic substances are
not included.

When importing or exporting the above-mentioned mixture, the operators shall apply the permission in accordance with the Provisions.

Commodity that contains one of the five precursors and chemicals used in production of narcotic drugs and psychotropic substances,
namely toluene, acetone, butanone, sulphuric acid, hydrochloric acid with a proportion of no more than the above-mentioned regulations
shall not be considered as the “mixture” mentioned in the Article 7 . And the operators could apply permission without the Provisions
while importing or exporting the commodity.

Ministry of Commerce

May 16, 2007



 
Ministry of Commerce
2007-05-16

 






MEASURES FOR EVALUATING AND PROTECTING BRANDS IN THE COMMERCIAL FIELD (FOR TRIAL IMPLEMENTATION)

Circular of the Ministry of Commerce on Printing and Distributing the Measures for Evaluating and Protecting Brands in the Commercial
Field (for Trial Implementation)

Shang Fa Fa [2006] No.703

The competent administrations of commerce in each province, autonomous region, municipality directly under the Central Government,
city specifically designated in the state plan and Xinjiang Production and Construction Corps.:

In order to implement the spirit of the 16th National Congress of the CPC and the Central Economic Working Conference of 2006 and
carry out the Outline of the Eleventh Five-year Plan for the National Economic and Social Development, the Ministry of Commerce boosts
the work of brand construction in the commercial field in an all-round way by taking ￿￿Brand-oriented March￿￿ as the cut-in point
and through establishing four systems, that is , evaluation, promotion, improvement and protection of brand. This is an important
measure for the Ministry of Commerce to carry out the scientific view of development in the commercial field and build an innovation-oriented
country, an inevitable choice to transfer the growth mode of trade and elevate the international competitiveness of the industries,
and an objective demand to enlarge domestic demand and improve the people’s quality of life at the same time.

Evaluation and protection of brand is an important component part of the work of brand construction in the commercial field. In order
to regulate the activities of brand evaluation in the commercial field and enhancing brand protection, the Ministry of Commerce instituted
the Measures for Evaluating and Protecting Brands in the Commercial Field (for Trial Implementation) and hereby prints and distributes
the Measures to you for your earnest compliance and implementation.

The Ministry of Commerce

January 8, 2007

Measures for Evaluating and Protecting Brands in the Commercial Field (for Trial Implementation)

Article 1

The present Measures are formulated For the purpose of promoting the transformation of trade growth mode, effectively increasing
trade efficiency, promoting the implementation of brand strategies as well as regulating and enforcing evaluation and protection
of brands in the commercial field.

Article 2

The Ministry of Commerce shall, within its scope of powers endowed by the State Council, be in charge of uniformly carrying out the
work in respect of evaluation and protection of brands in the commercial field.

Article 3

The competent administrations of commerce in each province, autonomous region, municipality directly under the Central Government,
city specifically designated in the state plan and Xinjiang Production and Construction Corps (hereinafter referred to as local competent
administrations of commerce), national industrial associations and import-export chambers (hereinafter referred to as industrial
organizations) shall be in charge of the work of applying and recommending the related brands of the local places and the same industries
under the provisions of the present Measures and carry out the work regarding promotion, improvement, protection and social investigation
of brands within their respective scope of powers.

Article 4

Evaluation of brands in the commercial field shall be based on the market performances of a brand in both domestic and overseas markets,
represent the recognition, selection, use, appraisement and feedback of its users and embody its capacities of market competition
and value creation as well as the potential of long-term development.

Article 5

Evaluation of brands in the commercial field shall take the voluntary application of an enterprise as the premise, employ the mechanism
of application by enterprises, model evaluation through model, assessment by experts, confirmation by market and issuance by governments,
as well as abide by the principles of science, impartiality, objectiveness and selection of the best.

Article 6

When applying for a brand in the commercial field, the following conditions shall be met:

(1)

the applicant enterprise is set up within the territory of China in accordance with law and legally exists, participates of its own
free will and agrees to comply with all provisions and requirements of the Ministry of Commerce concerning evaluation and protection
of brands;

(2)

the brand under application is created within the territory of China, its ownership belongs to the applicant enterprise, it has been
used for three years or more, has been registered as a trademark or has obtained the legal protection of equal validity in the major
markets domestically and overseas, and the place for its first registration as a trademark is China;

(3)

the brand under application is a brand of enterprise, product or service with relatively strong market competitiveness, influence
and fairly high popularity, whose quality has reached the leading level of China or the advanced level of the world, who has relatively
strong capacities of independent innovation and sustainable development and has obtained recognition of the market, general public
and vast number of users;

(4)

the economic and social performances of the applicant enterprise is good, both the gross incomes from sales and the brand’s capacity
of making profits (the proportion of the net profit on the sales of products and services under the brand to the gross cost for sales)
rank top in this industry;

(5)

the related brand products and services and the applicant enterprise itself comply with the provisions of the related state laws and
regulations on industry, safety, sanitation, environmental protection and social liability etc..

Article 7

The Ministry of Commerce shall carry out evaluation of brands regularly; issue a notice concerning evaluation of brand in the commercial
field in advance specifying the scope, procedures and period for the current evaluation.

Article 8

An applicant enterprise shall fill in the application papers according to the facts, supply actual, valid and integrated materials
for evidences and necessary channels for verification, and submit them to the competent administration of commerce of its locality
or to the related industrial organizations within the fixed period.

The local competent administrations of commerce or industrial organizations shall examine and verify the authenticity, validity and
integrity of the application materials of the participating brands in the current places or industries, propose its recommending
opinions and submit the application materials to the Ministry of Commerce within the provisioned time limit.

Article 9

The Ministry of Commerce may, according to the demands of the evaluation work, entrust professional institutions to conduct verification,
sorting out and comprehensive measurement and calculation on all indices and data of the participating brands, set up several expert
working groups to verify and evaluate the participating brands and entrust professional fact-finding organs and public media to carry
out social investigation on the participating brands.

Article 10

The Ministry of Commerce shall publicize the list of brands to be evaluated to the general public, grant corresponding brand post_titles
and use rights of brand marks to enterprises in accordance with the publication situation and publicize the related situation to
the general public.

Article 11

In case an enterprise, which has obtained a brand post_title as granted by the Ministry of Commerce, seriously injures the rights and
interests of the consumers, has any great quality problem or safety accident, severely impairs intellectual property right of any
other person, seriously disrupts the market order or obtains the brand post_title by illegal means such as falsification, the Ministry
of Commerce shall revoke the related brand post_title of the enterprise and may not accept its application for participating in evaluation
of brands for one to three years.

Article 12

Activities of brand evaluation in the commercial field shall accept supervision of all circles in the society. No entity or individual
may, by taking advantage of this opportunity, charge any fee against any participating enterprise or conduct any profit-making activity.

Article 13

When any organ or personnel participating in the brand evaluation work of the Ministry of Commerce conducts the evaluation work,
it/he shall follow the related provisions and procedures, and shall bear the obligation of keeping confidential the business and
technical secrets for the participating enterprises.

Article 14

Any entity or individual, when finding any violation of laws or regulations in the work of brand evaluation in the commercial field,
may complain or pick up it to the Ministry of Commerce or the local competent administrations of commerce. The complainant or informer
shall provide materials in written form, show the authentic identity and provide necessary materials for evidence.

Article 15

In case of any infringement upon the right to enterprise post_title, right to the exclusive use of a registered trademark, patent right,
copyright or any other intellectual property right of a brand granted by the Ministry of Commerce, any act of unfair competition
against a brand granted by the Ministry of Commerce or any dispute over domain name of a brand granted by the Ministry of Commerce,
it shall be dealt with under the related laws and regulations of the state.

Cooperating with the administrative departments concerned, the Ministry of Commerce shall intensify its efforts in protecting the
brands granted by the Ministry of Commerce under the provisions of the preceding paragraph and transfer any entity or individual
to the judicial authority for disposal under law, in case it/he is suspected of being involved in any crime.

Article 16

In case any import goods injures any intellectual property right of any brand granted by the Ministry of Commerce and harms the foreign
trade order, the Ministry of Commerce shall, under the Foreign Trade Law of the People’s Republic of China, take such measures as
prohibition from importation.

In case the patent right, trademark right or copyright of any brand granted by the Ministry of Commerce is injured in any economy
and technology trade exhibition, trade fair, exposition, exhibition or any other activity, the Ministry of Commerce shall, in conjunction
with the related departments, dispose it under the Measures for Protecting Intellectual Property Rights During Exhibitions.

Article 17

The Ministry of Commerce shall set up and perfect a pre-warning system for protecting overseas intellectual property rights so as
to intensify the overseas protection of the brands granted by the Ministry of Commerce.

Article 18

By cooperating with the business offices of the embassies located abroad, the Ministry of Commerce shall set up an overseas service
platform for intellectual property rights and provide service of public information consultation for the overseas protection of the
brands granted by the Ministry of Commerce.

Article 19

The Ministry of Commerce shall encourage and help enterprises to handle trademark registration, patent application or copyright registration
relevant to the brands granted by the Ministry of Commerce in other countries and regions, and shall take proper measures to support
the enterprises to protect their lawful rights and interests in other countries and regions by legal means.

Article 20

In case any intellectual property right of a brand granted by the Ministry of Commerce is injured or the brand suffers any unfair
competition, the enterprise may complain or pick up it to the related department, the local service center for protection of intellectual
property or the Ministry of Commerce. The local service center or the Ministry of Commerce shall transfer it to the related department
and keep track on and feed back the disposal of the case.

In case any intellectual property right of a brand granted by the Ministry of Commerce is injured abroad, the enterprise may response
the situation to the business office of the embassy located in this foreign country, the Ministry of Commerce or the overseas commercial
complaint service center for Chinese enterprises under the Ministry of Commerce.

Article 21

An enterprise, which obtains a brand granted by the Ministry of Commerce, shall actively carry out intellectual property construction,
increase its input in intellectual property, actively protect its lawful rights and interests, enforce management on brands and maintain
the image of the brand granted by the Ministry of Commerce.

Article 22

In case a brand granted by the Ministry of Commerce is transferred, pledged, evaluated and contributed as investment, it shall be
fairly evaluated by an evaluation organ that is correspondingly qualified and the transaction shall be reported to the Ministry of
Commerce for record within 30 days as of the conclusion of corresponding contract.

In case the actual control power of the enterprise that obtains a brand granted by the Ministry of Commerce is transferred as a result
of merger or acquisition, the related parties shall report this situation to the Ministry of Commerce.

Article 23

The brand mark as mentioned in Article 10 shall belong to the Ministry of Commerce. A brand enterprise may use this mark on the
products and services on which a brand post_title has been granted and their packages, decorations, instructions, ads, and other related
materials. Any brand mark may be forged, sold or falsely used by any entity or individual.

Article 24

In case any entity or individual charges any fee or carries out any profit-making activity in the name of brand evaluation in the
commercial field with violation of the provisions of Article 12 , the Ministry of Commerce shall warm it/him and order him/ it to
make corrections within a fixed time limit; if the circumstance is serious, the related department shall impose administrative or
criminal punishment upon him/it under law.

Article 25

In case any organ or person participating in the work of brand evaluation conducted by the Ministry of Commerce fails to abide by
the related provisions and procedures of brand evaluation with violation of the provisions of Article 13 , his/ its qualification
for participating in evaluation work shall be revoked. In case any organ or person commits any fraud for selfish purposes, abuses
the authority or neglects its/his duties, an administrative punishment shall be given to him/it under law; if a crime is constituted,
criminal liabilities shall be investigated under law.

Article 26

If a transaction of brand is not evaluated or reported to the Ministry of Commerce for record with violation of the provisions in
Article 22 , the Ministry of Commerce shall give an admonition to the violator and order the related parties to make corrections;
if the circumstance is serious, the corresponding brand post_title shall be canceled.

Article 27

In case any entity, with violation of the provisions in Article 23 , extends the use scope without authorization or uses a brand
mark granted by the Ministry of Commerce on other products, services and their packages, decorations, instructions, ads, and the
related materials, the Ministry of Commerce shall give an admonition to it and order it to make corrections within a fixed time limit;
if it fails to do so, its corresponding brand post_title shall be canceled.

In case any entity, with violation of the provisions in Article 23 , forges, sells or falsely uses any brand mark granted by the Ministry
of Commerce, the Ministry of Commerce shall give an admonition to it or impose upon it a fine of not more than 30,000 Yuan, order
it to make corrections within a fixed time limit and subject it to corresponding legal liabilities under law.

Any application for participating in brand evaluation in the commercial, which is field by an entity within two years as of the occurrence
of its illegal act, may not be accepted.

Article 28

In case any entity or individual refuses to accept the administrative punishment made by the Ministry of Commerce, it/he may apply
for administrative review under laws or initiate an administrative lawsuit before a people’s court.

Article 29

The present Measures shall enter into force as of its printing and distribution.



 
The Ministry of Commerce
2007-01-08

 






1...141516Page 15 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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