Federal Acts

CIRCULAR OF THE MINISTRY OF COMMERCE ON ENTRUSTING BEIJING 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 Beijing 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. 14

Beijing Municipal People’s Government and Beijing 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 Beijing 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 Beijing 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 Beijing 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.

Beijing Economic-Technological Area, the management system of which needs to be improved, has not set up an independent finance department
yet. Beijing 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 MINISTRY OF COMMERCE ON ENTRUSTING ZHENGZHOU 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 Zhengzhou 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. 21

Zhengzhou Municipal People’s Government and Zhengzhou 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 Zhengzhou 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 Zhengzhou 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 Zhengzhou 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.

Zhengzhou Economic-Technological Area, the management system of which needs to be improved, has not set up an independent finance
department yet. Zhengzhou 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 ON THE IMPLEMENTATION OF THE CLASSIFIED MANAGEMENT OF TAX-FREE EXPORT CIGARETTE PLANS

Circular of the State Administration of Taxation on the Implementation of the Classified Management of Tax-free Export Cigarette Plans

Guo Shui Han [2007] No. 318

The state taxation bureau of each province, each autonomous region, each municipality directly under the Central Government and each
city specifically designated in the state plan:

The State Administration of Taxation determines to implement the classified management of tax-free export cigarette plans as of 2007
for the purpose of promoting domestic cigarette enterprises to enlarge their shares in the international market, and after negotiating
with the State Tobacco Monopoly Administration of P.R.C. the related matters are hereby notified as follows:

1.

We shall classify the cigarettes of such 16 trademarks as NISE, SILVER ELEPHANT, MARBLE, SONBONG, WIN, XINXING, ZHONGNANHAI, JINLU,
DUBAO, FISHER, ASHIMA, MODERN, FARSTAR, FURONG, WINBODY and R.G. D into the “cigarettes in the category of key fostering and development”.
The State Administration of Taxation will give the annual tax-free export quota in the first quarter every year for the “cigarettes
in the category of key fostering and development”, and increase or adjust the quota appropriately according to the actualities in
the fourth quarter. The quota upon application of the State Tobacco Monopoly Administration of P.R.C shall be supplemented by the
State Administration if any special factor causes evidently insufficient quota as given at the beginning of year.

Trademark, quantity, producer, target country or region and name of foreign merchants for the export cigarettes shall be included
in the tax-free export plan for the “cigarettes in the category of key fostering and development”. The adjustment shall be reported
to the State Administration of Taxation for examination and approval by the State Tobacco Monopoly Administration of P.R.C upon the
strength of the application of cigarette export enterprises at the real time in case that the target country or region needs to be
adjusted due to the change of target market change during the process of actual exportation.

2.

As regards those cigarettes that are on the list of the tax-free export plan for the “cigarettes in the category of key fostering
and development”, the (original) export contract bearing the seal of China National Tobacco Import & Export Group Corporation
shall be reported by the cigarette export enterprise to the competent taxation authority for archival purpose after the effectiveness
of the contract entered into with the foreign merchant. When issuing a Certification on Approval of Tax-free Import and Export Cigarettes
(hereinafter referred to as the Approval Certificate) and going through the tax exemption cancellation procedures for export cigarettes,
the taxation authority shall check the materials applied by the cigarette export enterprise against the tax-free export quota that
is given by the State Administration of Taxation and the contract that has been filed by the cigarette export enterprise, and in
the case of the conformity upon verification, issue an Approval Certificate or handle the tax exemption cancellation procedures;
or in the case of unconformity upon verification, deal with it in accordance with the present provisions .

3.

The cigarettes of the trademarks other than those that have been on the list of the “cigarettes in the category of key fostering and
development” shall be incorporated into the “cigarettes in the category of key management”. The related present provisions shall
apply in case of delivering the tax-free export quota, issuing Approval Certificates and going through export cancellation formalities
for the “cigarettes in the category of key management”.

4.

The present Circular shall take effect as of April 1, 2007. The tax-free export plan for the “cigarettes in the category of key fostering
and development” in 2007 shall be given in the second quarter of 2007.

State Administration of Taxation

March 6, 2007



 
State Administration of Taxation
2007-03-06

 







CIRCULAR OF MINISTRY OF FINANCE AND STATE ADMINISTRATION OF TAXATION ON CLARIFYING THE IMPORT-STAGE VALUE-ADDED TAX RATES OF RAWHIDE AND RAW FUR

Circular of Ministry of Finance and State Administration of Taxation on Clarifying the Import-Stage Value-Added Tax Rates of Rawhide
and Raw Fur

Cai Guan Shui [2007] No. 34

General Administration of Customs:

In accordance with the 2007 Import and Export Tariff Regulations of the People’s Republic of China and the Circular of Ministry of
Finance and State Administration of Taxation on Distributing the Explanations of the Taxation Scope of Agricultural Produce (Cai
Shui Zi [1995] No.52) and the Circular of Ministry of Finance and State Administration of Taxation on Adjusting the Import-Stage
Value-Added Tax Rate of Some Goods (Cai Shui Zi [2000] No.296), the import-stage value-added tax of animal hides such as rawhide
ad raw fur (see the appendix for the tax registration number) shall be collected at the rate of 13%.

Appendix: Animal Hides with the Import-Stage Value-Added Tax Rate of 13%(omitted)

Ministry of Finance

State Administration of Taxation

March 20, 2007



 
Ministry of Finance, State Administration of Taxation
2007-03-20

 







ANNOUNCEMENT NO.29, 2007 OF MINISTRY OF COMMERCE ON NAME ALTERATION OF KOREAN ENTERPRISES IN COATED FREE SHEET PAPER ANTI-DUMPING CASE

Announcement No.29, 2007 of Ministry of Commerce on Name Alteration of Korean Enterprises in Coated Free Sheet Paper Anti-dumping
Case

[2007] No.29

Ministry of Commerce of the People’s Republic of China released Announcement No 35, 2003 on Aug 6, 2003, deciding to impose anti-dumping
duties on coated free sheet paper originated from Korea and Japan.

MOORIM PAPER CO., LTD. and MOORIM SP CO., LTD put forward applications to Ministry of Commerce on Feb 1, 2007, claiming that the former
Shin Moorim Paper Mfg. Co., Ltd. changed its name into MOORIM PAPER CO., LTD on Jul 21, 2006, and the former Moorim Paper Mfg. Co.,
Ltd. change its name into MOORIM SP CO., LTD. on Jun 8, 2006, and applying to succeed the anti-dumping duty rate of relevant enterprises
before name alteration.

In line with investigation, Ministry of Commerce decides:

1.

MOORIM PAPER CO., LTD. shall succeed the anti-duping duty rate applicable to the former Shin Moorim Paper Mfg. Co., Ltd., namely 4%;

2.

MOORIM SP CO., LTD. shall succeed the anti-duping duty rate applicable to the former Moorim Paper Mfg. Co., Ltd., namely 4%;

3.

As from release of this announcement, companies that export in names of Shin Moorim Paper Mfg. Co., Ltd. and Moorim Paper Mfg. Co.,
Ltd. shall pay anti-dumping duties of 51%, which is applicable to other Korean companies.

This announcement shall take effect as from Mar 30, 2007.

Ministry of Commerce

Mar 29, 2007



 
Ministry of Commerce
2007-03-29

 







ADMINISTRATIVE MEASURES FOR ARCHIVING COMMERCIAL FRANCHISES

Decree No.15 of the Ministry of Commerce of the People’s Republic of China

No.15

The Administrative Measures for the Archiving of Commercial Franchises have been deliberated and adopted at the 6th executive meeting
of Ministry of Commerce on April 6 2007. They are hereby promulgated and shall enter into force as of May 1, 2007.

Minister Bo Xilai

April 30, 2007

Administrative Measures for Archiving Commercial Franchises

Article 1

For the purpose of intensifying administration on commercial franchises, regulating market order of franchises, these Measures are
formulated according to the relevant provisions in Regulations on Administering Commercial Franchises (hereinafter referred to as
the Regulations).

Article 2

These Measures apply to commercial franchise activities within the territory of the People’s Republic of China (hereinafter referred
to as within the territory of China).

Article 3

The competent commercial departments under the State Council and at provincial, autonomous region and municipality directly under
the Central Government level are the organs for archiving commercial franchises. Where commercial franchise activities are conducted
within a province, an autonomous region or a municipality directly under the Central Government, files shall be archived in the competent
commercial department in the province, autonomous region or municipality directly under the Central Government where a franchiser
is located; Where commercial franchise activities are conducted in another province, autonomous region, or municipality directly
under the Central Government, files shall be archived in the competent commercial department of the State Council.

Commercial franchise archiving shall be operated through internet across China. Franchisers conforming to the provisions in Regulations
on Administering Commercial Franchises, shall archive files via government website. (Website: www.mofcom.gov.cn )

Article 4

All organizations or individuals have the right to report to the archiving organs where there are behaviors in violation of these
Measures.

Article 5

A franchiser applying for archival filing shall submit the following documents to the archiving organ:

1,

basic information on the commercial franchise,

2,

information on the distribution of all the stores of the franchisee within the territory of China.

3,

the franchiser’s Commercial Prospectus,

4,

one photocopy of business license of the enterprise as legal person, or one photocopy of other qualification certificate,

5,

photocopies of registration certificates of trademark right, patent right and other business resources related to franchise activities.

6,

certificates issued by a competent commercial department of a city divided into districts based on the provision in Paragraph 2 of
Article Seven; where direct sales stores owned by the franchiser are located beyond the territory of China, the franchiser shall
provide business certificates thereof (including Chinese translation ) and the certificates shall be notarized by a local notarization
institution and certified by the Chinese embassy and consulate stationed in the local area.

The proceeding paragraph does not apply to the franchiser that does not engage in the franchise activities prior to May 1 2007, but
the first franchise contract between the franchiser and the franchisee within the territory of China shall be submitted.

7,

Sample of franchise contract

8,

Catalogue of franchising operational manual (the number of pages of each chapter, and the total pages of the manual shall be noted,
where this kind of manual is provided on the internal network of the franchise system, the estimated number of pages printed shall
be provided)

9,

As regards the products and services that may not be franchised without approval under the laws and regulations, the franchiser must
submit approval documents issued by the competent departments; and

10,

The franchiser’s commitment signed and sealed by the legal representative.

The documents as mentioned in items 1 through 3 shall be filled in on the internet, and electronic documents in items 4 through 10
shall be submitted on the internet in the form of PDF.

Article 6

A franchiser shall apply for archival filing with an archiving organ within 15 days after having concluded a franchise contract with
the franchisee within the territory of China for the first time. The franchiser that has been engaged in franchise activities prior
to May 1 2007 shall archive files with competent commercial department in accordance with these Measures within one year since the
Regulations is put into effect.

Article 7

Where there is any alteration in the archival information of a franchiser, the franchiser shall apply for alteration with the archiving
organ within 30 days from the date the alteration occurs.

Article 8

A franchiser shall report to the archiving organ the information on the signing, canceling, renewing and altering of franchise contract
prior to March 31 every year.

Article 9

A franchiser shall fill in all the information on archival filing, and ensure the authenticity, accuracy and completeness of the
content filled.

Article 10

An archiving organ shall archive the files and materials complying with the provision in Article 5 within 10 days from the date
a franchiser submit them, and shall issue an announcement on the website of the Ministry of Commerce.

Where the files or materials submitted by a franchiser are incomplete, the archiving organ may demand him/her to submit the remaining
files or materials within seven days. The archiving organ shall archive the documents within 10 days from the date the documents
are complete.

Article 11

If a franchiser who has finished archival filing has one of the following practices, the archiving organ may cancel the archival
filing, and issue an announcement on the website of the Ministry of Commerce:

1,

a franchiser’s business license is cancelled by the competent registration organ because of illegal operation.

2,

the archiving organ receives from the judicial organ judicial advice on canceling the archival filing because a franchiser conducts
illegal operation.

3,

if investigation on a franchiser hiding relevant information or providing false information is verified, and

4,

if a franchiser cancels the archival filing by him/herself.

Article 12

All competent commercial departments at provincial, autonomous region, municipality directly under the Central Government levels
shall provide feedback on archival filing and cancellation of archival filing to the Ministry of Commerce within 10 days.

Article 13

While the archiving organ finishes the archival procedures, it shall archive file and keep the documents on a franchiser’s archival
filing, and keep commercial secrets for the franchiser according to law.

Article 14

The public may access to the following information via the website of the Ministry of Commerce:

1,

enterprise name of a franchiser, registered trademark of franchise business, enterprise logo, patent, exclusive technology, and other
business resources,

2,

time of archival filing of a franchiser,

3,

address and contact of a franchiser’s legal business site, the name of the legal representative, and

4,

business address of a franchisee within the territory of China.

Article 15

Where a franchiser fails to archive file based on the Regulation and the provisions in these Measures, the competent commercial department
under the State Council and the competent commercial departments of a province, autonomous region or municipality directly under
the Central Government where the franchiser is located shall order him/her to archive the documents within a prescribed time limit,
and impose a fine of no less than 10 000yuan but no more than 50 000yuan; if the franchiser still fails to archive the documents
within the prescribed time limit, a fines of no less than 50 000yuan and no more than 100 000yuan shall be imposed, and an announcement
shall be made.

Article 16

Where a franchiser violates the provision in Article Eight, the archiving organ shall order him/her to make an correction, and may
impose a fine of no more than 10 000 yuan thereupon; if the circumstances are serious, a fine of no less than 10 000 yuan and no
more than 50 000 yuan shall be imposed thereupon, and an announcement shall be issued.

Article 17

An overseas franchiser shall follow these Measures to conduct franchise activities within the territory of China. A franchiser from
Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region shall follow these Measures.

Article 18

National Industrial Association shall assist competent department of the government on archival filing, give full play to the coordinating
role of the industrial association, and strengthen industrial self-discipline.

Article 19

The Ministry of Commerce of the People’s Republic of China is responsible for the interpretation of these Measures.

Article 20

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



 
Ministry of Commerce
2007-04-30

 







CIRCULAR OF CHINA BANKING REGULATORY COMMISSION CONCERNING WHOLLY FOREIGN-FUNDED BANKS AND CHINESE-FOREIGN EQUITY JOINT BANKS TO CONDUCT THE BANK CARD BUSINESS

Circular of China Banking Regulatory Commission concerning Wholly foreign-funded Banks and Chinese-foreign Equity Joint Banks to Conduct
the Bank Card Business

Yin Jian Fa [2007] No. 49

All branches of China Banking Regulatory Commission,

In order to regulate the administration of bank card business of wholly foreign-funded banks and Chinese-foreign equity joint banks
and prevent the risks of bank card business, pursuant to the Regulations of the People’s Republic of China on the Administration
of Foreign-funded Banks, the Detailed Rules on the Implementation of the Regulations of the People’s Republic of China on the Administration
of Foreign-funded Banks and Measures for the Administration of the Bank Card Business, you’re hereby notified of the following issues
on wholly foreign-funded banks and Chinese-foreign equity joint banks to conduct the bank card business:

1.

Wholly foreign-funded banks and Chinese-foreign equity joint banks may apply for conducting the bank card business as of the day when
the present Circular is printed and distributed.

2.

The term “bank cards” as mentioned in the present Circular is classified into RMB cards and foreign currency cards as per different
currencies, including debit cards, quasi-credit cards and credit cards.

Quasi-credit cards and credit cards are referred to as credit cards in general.

3.

Wholly foreign-funded banks and Chinese-foreign equity joint banks may, upon approval of China Banking Regulatory Commission (hereinafter
referred to as the CBRC), conduct the bank card business within the scope of its clients. An applicant shall satisfy the following
requirements:

(1)

Its capital adequacy ratio, asset quality and other main supervisory indicators are in conformity with the related provisions of the
CBRC;

(2)

It has management rules and risk management measures commensurate with its needs of conduction of bank card business;

(3)

It has established a computer system in conformity with the related business and technical standards and has the technical capability
to ensure the safety of the banking information within the territory of China;

(4)

It has technicians, managerial personnel and corresponding management institutions which can satisfying the needs of conduction of
bank card business; and

(5)

Other prudent conditions as requested by the CBRC.

If a wholly foreign-funded bank or Chinese-foreign equity joint bank plans to issue foreign currency cards, it shall have the qualifications
as approved by the foreign exchange administrative department of the State Council for conducting settlement of foreign exchange
and sale of foreign currencies.

4.

A wholly foreign-funded bank or Chinese-foreign equity joint bank which plans to issue bank cards shall abide by the bank card business
and technical standards as formulated by the People’s Bank of China and meet the general requirements for the network of bank cards.

5.

A wholly foreign-funded bank or Chinese-foreign equity joint bank which plans to conduct the bank card business shall apply to the
branch of the CBRC of the place where its headquarters is located by analogy to the application materials as stipulated in the Measures
for the Administration of Bank Card Business.

6.

The branch of the CBRC of the place where the headquarters of the wholly foreign-funded bank or Chinese-foreign equity joint bank
is located shall submit the application materials together with the examination opinions to the CBRC within 20 days as of the date
of receiving a complete set of application materials.

The CBRC shall, within 3 months after receiving the compete set of application materials submitted by the wholly foreign-funded bank
or Chinese-foreign equity joint bank to conduct bank card business, make a decision of approval or disapproval. In case it makes
a decision of disapproval, it shall give a written notification to the applicant and make an explanation.

7.

If a wholly foreign-funded bank or Chinese-foreign equity joint bank, after getting the approval to conduct the bank card business,
needs to conduct the business of such new types of bank cards as quasi-credit cards or credit cards, it shall make application for
approval under the present Circular.

8.

A wholly foreign-funded bank or Chinese-foreign equity joint bank shall, after getting the approval to conduct the bank card business,
report to the local institution dispatched by the CBRC the types of bank cards which it plans to conduct.

If a branch of a wholly foreign-funded bank or Chinese-foreign equity joint bank plans to conduct the bank card business upon authorization
of its headquarters, it shall, before conducting such business, report to the local institution dispatched by the CBRC the types
of bank cards which it plans to conduct upon the strength of the pertinent approval documents and the authorization of its headquarters.

9.

The supervision and administration over the bank card business of wholly foreign-funded banks and Chinese-foreign equity joint banks
shall be subject to the related provisions on the administration of bank card business.

All related branches of the CBRC should promptly transmit the present Circular to your sub-branches and the foreign-funded institutions
of foreign-funded banks under your respective jurisdiction.

China Banking Regulatory Commission

June 6, 2007



 
China Banking Regulatory Commission
2007-06-06

 







MEASURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF THE UNIT CONSUMPTION IN PROCESSING TRADE






Order No.155 of the General Administration of Customs

No.155

The Measures of the Customs of the People’s Republic of China for the Administration of the Unit Consumption in Processing Trade have
been deliberated and adopted at the executive meeting on December 21, 2006, are hereby promulgated and shall enter into force on
March 1, 2007. The Measures of the Customs of the People’s Republic of China for Administering the Unit Consumption in Processing
Trade promulgated by the Order No.96 of the General Administration of Customs of the People’s Republic of China on March 11, 2002
shall be concurrently repealed.
Director Mou Xinsheng

January 4, 2007

Measures of the Customs of the People’s Republic of China for the Administration of the Unit Consumption in Processing Trade
Chapter I General Provisions

Article 1

Under the provisions of the Customs Law of the People’s Republic of China and other relevant laws and administrative regulations,
the present Measures are formulated for the purpose of regulating the administration of unit consumption in processing trade (hereinafter
referred to as unit consumption) and promoting the sound development of processing trade .

Article 2

The present Measures shall apply to the administration of unit consumption by the customs.

Article 3

“Unit consumption” means the materials quantity consumed for processing unit finished product by a processing trade enterprise under
the normal processing conditions. Unit consumption can be sorted into net consumption and technique consumption.

Article 4

A processing trade enterprise shall, in the archival filing link of processing trade, report the unit consumption to the customs
for record.

Article 5

The administration of unit consumption shall abide by the principles of declaring in accordance with the facts as well as verifying
and writing-off in light of the facts.

Article 6

In case a processing trade enterprise provides materials involving business secrets and requires the customs to keep them confidential
by submitting written application to the customs, the customs shall keep confidential in accordance with law. No processing trade
enterprise may, under the pretext of keeping secret, refuse to provide the related materials to the customs.

Chapter II Standards for Unit Consumption

Article 7

“Standards for unit consumption” means the norms on the materials quantity consumed by unit finished product, which are for general
purpose or may be used repeatedly. A maximum upper value shall be set for the standards for unit consumption and a minimum lower
value shall be set for the standards for the unit consumption of the export taxable finished products in addition.

Article 8

The standards for unit consumption shall be made by the customs in conjunction with the departments concerned according to the related
provisions.

Article 9

The form of public announcement of the customs shall be adopted to publicize the standards for unit consumption.

Article 10

The standards for unit consumption shall be applicable to the processing trade enterprises beyond the areas under the special customs
supervision or bonded supervision while processing trade enterprises within such areas may not apply to the standards.

Article 11

A processing trade enterprise beyond the areas under the special customs supervision or the bonded supervision shall, within the
standards for unit consumption, make archival filing of or declare the unit consumption to the customs.

In case the unit consumption declared by a processing trade enterprise beyond the areas under the special customs supervision or the
bonded supervision falls within the standards for unit consumption, the customs shall, on the basis of the declared unit consumption,
verify and write-off the bonded materials; if the declared unit consumption is beyond the standards, the customs shall, on the basis
of the maximum upper value or minimum lower value of the standards for unit consumption, verify and write-off the bonded materials.

Article 12

In case the standards for unit consumption are not published yet, a processing trade enterprise shall declare the unit consumption
to the customs in accordance with the facts, and the customs shall verify and write-off the bonded materials in accordance with the
actual unit consumption of the processing trade enterprise.

Chapter III Declaration of Unit Consumption

Article 13

Declaration of unit consumption means the act that processing trade enterprises report unit consumption to the customs.

Article 14

Before a finished product is exported, carried forward by deep processing or sold in domestic market, a processing trade enterprise
shall, declare its unit consumption to the customs in accordance with the facts.

In case a processing trade enterprise fails to declare its consumption on schedule by virtue of justified reasons, it shall retain
the sample of a finished product and the related documents and file a application in written form before the export, deep processing
and domestic sale of the finished product, the processing trade enterprise may, upon the approval of the competent customs, declare
its unit consumption before reporting it for verification.

Article 15

A processing trade enterprise shall declare the following contents for its unit consumption:

(1)

name, serial number, unit, specification, mode and quality of the materials and finished products under the processing trade;

(2)

unit consumption for the finished products under the processing trade; and

(3)

in case a same kind of materials for processing trade is composed of both bonded ones and non-bonded ones, the proportion, name, unit,
specification, mode and quality of the non-bonded materials shall be declared.

Article 16

Technique consumption may not cover the following circumstances:

(1)

any consumption of bonded materials, semi-finished or finished products owing to the sudden failure of power, water or gas or any
other artificial reason in the process of production;

(2)

any consumption of bonded materials, semi-finished or finished products owing to lose, damage or for any other reason;

(3)

any consumption as the loss, damage or lack in amount of bonded materials, semi-finished or finished products due to force majeure;

(4)

any consumption incurred from the increase of materials because the quality or specification of any import bonded material or finished
product fails to comply with the requirements of the contract;

(5)

any consumption of the non-bonded materials used as technical ingredients; and

(6)

any consumption of consumptive materials in the processing process.

Article 17

A processing trade enterprise shall adopt the form of paper or electronic to declare its unit consumption.

Article 18

A processing trade enterprise may not apply to the customs for conducting the formalities for changing or revoking the unit consumption,
in case it is under any of the following conditions:

(1)

export declaration for the bonded finished product has already been finished;

(2)

deep processing for the bonded finished product has already been carried forward;

(3)

the bonded finished product has already been applied to be distributed in domestic market;

(4)

the customs has already verified the unit consumption; or

(5)

the processing trade enterprise has already been put on record by the customs for investigation.

Chapter IV Verification of Unit Consumption

Article 19

Verification of unit consumption means the act that the customs verifies whether the unit consumption declared by a processing trade
enterprise complies with the related provisions and whether it accords with the actual situation in the processing process.

Article 20

In order to verify the authenticity and accuracy of unit consumption, the customs may exercise the following powers:

(1)

to consult and copy any material, sample of finished products, images, pictures, qualities, compositions, specifications, modes, processing
contracts, order forms, processing plans, processing statements, cost accountings and other accounting books and materials;

(2)

to consult and copy technical flow charts, discharge diagrams, bills of quantity, burdens, standards for quality inspection and any
other material, which can reflect the technical requirements, technical processing processes and corresponding consumptions of materials
of the finished products;

(3)

to require a processing trade enterprise to provide the method for calculation and formula for verification of unit consumption;

(4)

to examine any bonded material or finished product or select samples for inspection or testing;

(5)

to inquire of the legal representative, chief person in charge and the related personnel of a processing trade enterprise about the
situation and problems relevant to unit consumption;

(6)

to enter the storing or processing place of a processing trade enterprise to examine the goods relevant to the unit consumption and
their processing condition; and

(7)

to carry out on-spot measurement on the unit consumption of processed products and retain samples if necessary.

Article 21

The customs shall verify the unit consumption declared by a processing trade enterprise and accept it in case of its compliance with
the related provisions.

Article 22

In case the customs is in doubt of the authenticity or accuracy of the unit consumption declared by a processing trade enterprise,
it shall formulate and issue the Notice of the Customs of the People’s Republic of China Concerning the Challenge of Unit Consumption
in Processing Trade (hereinafter referred to as Notice Concerning the on the Challenge of Unit Consumption, see Appendix for its
format) to notify the reasons for challenge to the legal representative or agent of the processing trade enterprise.

Article 23

The legal representative or agent of a processing trade enterprise shall provide the related written materials to the customs within
10 workdays as of the acceptance of the Notice Concerning the Challenge of Unit Consumption.

Article 24

In case a processing trade enterprise fails to provide the related materials within the time limit specified by the customs, the
provided materials are insufficient or it is impossible to determine the unit consumption with the provided materials, the customs
shall check and determine the unit consumption.

Article 25

Such methods as technical analysis, actual measurement and cost accounting may be adopted either solely or comprehensively by the
customs to check and determine the unit consumption declared by a processing trade enterprise.

Article 26

By paying guaranty money or providing bank guarantee, a processing trade enterprise may, upon the approval of the customs, beforehand
go through the customs formalities for the import and export, carrying forward by deep processing or domestic sales of the materials
and finished products of processing trade before the unit consumption is verified; if the processing trade enterprise carry out actual
operation of bank guarantee money and the amount in the actual operation is not less than the taxable amount, provision of guarantee
exempted.

Article 27

In case any processing trade enterprise has any objection to the verification results of its unit consumption, it may file a application
in written form for recheck to the next higher customs, and the next higher customs shall make rechecking decision within 45 days
after its receipt of the application for recheck.

Chapter V Supplementary Provisions

Article 28

For the purpose of the present Measures,

net consumption means the quantity of the materials that exist in or are converted into the unit finished product through physical
change or chemical reaction after being processed;

technique consumption means, excluding net consumption, the quantity of the materials that must be consumed in the normal processing
course but may not exist in or be converted into the finished product because of processing technique, and includes tangible consumption
and intangible consumption. Technique consumption rate means the proportion of technique consumption to the consumed materials. Unit
Consumption = Net Consumption / (1 ￿C Technique Consumption Rate);

method of technical analysis means the method that the customs verifies the unit consumption of unit finished product by analyzing
and calculating such elements affecting the unit consumption of finished product as structure, ingredient, composition, technique
and so on;

method of actual measurement means the method that the customs measures the unit consumption of finished product in the processing
course by weighing and calculating and then verifies it through comprehensive analysis;

method of cost accounting means the method that the customs calculates and verifies the unit consumption of finished product by contrasting
and analyzing such statistical data on the consumption of raw materials as accounting book, processing record, warehouse accounting
book and so on.

Article 29

Where any smuggling act is done or any administrative provision of the customs is violated by violating these Measures, the violator
shall be punished by the customs under the related provisions of the Customs Law of the People’s Republic of China and the Regulations
of the People’s Republic of China on the Implementation of Customs Administrative Punishments. In case a crime is constituted, the
violator shall be subject to criminal liabilities.

Article 30

The General Administration of Customs shall be responsible for the interpretation of the present Measures.

Article 31

The present Measures shall enter into force as of March 1, 2007. The Measures of the Customs of the People’s Republic of China on
the Administration of Unit Consumption in Processing Trade promulgated by the Order No.96 of the General Administration of Customs
of the People’s Republic of China on March 11, 2002 shall be concurrently abolished.

Appendix: Notice of the Customs of the People’s Republic of China Concerning the Challenge of Unit Consumption in Processing Trade



Appendix Notice of the       Cus

￿￿


Appendix:


Notice of the          
 Customs of the People’s Republic of China concerning on the Challenge
of Unit Consumption in Processing Trade

            
Guan Dan Hao Zhi Yi [200      ] No.        

￿￿

                       
:

This customs hereby put forward doubts on
the                    
 (number of the manual/accounting book ) declared by your
company/entity on (month/day/year) by virtue of the following:

￿￿￿￿￿￿the relatively large variance between
the unit consumption declared by you and the risk parameter of unit consumption
fixed
by the customs ;

￿￿￿￿￿￿the relatively large variance between
the unit consumption declared by you and that of the product of the same or
similar
processing enterprise;

￿￿￿￿￿￿the relatively large variance between
the unit consumption declared by you and the average unit consumption of the
same or
similar product ;

￿￿￿￿￿￿                                   

Under the provisions of Articles 22, 23
and 24 of the Measures of the Customs of the People’s Republic of China on the
Administration
of Unit Consumption in Processing Trade, please submit the
following documents and materials within 10 workdays after you receipt
of this
Notice. If you can’t provide, fail to provide within the time limit, or the
materials you provide are not sufficient to
prove the authenticity or accuracy
of the unit consumption declared by you, the customs will refuse your
declaration as well as
check and ratify the unit consumption separately in
accordance with law.

￿￿￿￿￿￿samples, images, pictures, qualities,
compositions, specifications, modes and other related data of materials and
finished
products;

￿￿￿￿￿￿such materials that can reflect the
technical requirements, technical processing process and corresponding
consumption of
materials of the finished products as technical flow charts,
discharge diagrams, bills of quantity, burdens, standards for quality
inspection
and so on ;

￿￿￿￿￿￿processing contracts, order forms,
processing plans, processing statements, cost accountings and other related
accounting
books and materials, calculating methods, calculating formulas and
the explanations.

Customs (Seal)

Addressee (Signature or Seal)

(month/day/year)

(This Notice shall be in duplicate with
the first served to the processing trade enterprise and the second retained by
the customs)




ANNOUNCEMENT OF THE PEOPLE’S BANK OF CHINA AND CHINA BANKING REGULATORY COMMISSION

Announcement of the People’s Bank of China and China Banking Regulatory Commission

[2007] No.5

The People’s Bank of China and China Banking Regulatory Commission have cleared some existing rules, regulations and regulatory documents
on financial affairs as issued by the People’s Bank of China according to the Law of the People’s Republic of China on the People’s
Bank of China, the Banking Supervision Law of the People’s Republic of China and the Law of the People’s Republic of China on Commercial
Banks. We hereby publicize the clearing result of the second batch of rules, regulations and regulatory documents, totally 74 pieces,
as follows:

1.

With regard to the 60 rules, regulations and regulatory documents as issued by the People’s Bank of China (Appendix 1), including
the Circular of the People’s Bank of China Concerning the Further Regulation of the Business Operation of Non-banking Financial Institutions,
the People’s Bank of China and China Banking Regulatory Commission shall take charge of supervising, implementing and interpreting
the related matters involved in these rules, regulations and regulatory documents according to their respective statutory duties
and responsibilities, and any modification or abolishment shall be made jointly by the People’s Bank of China and China Banking Regulatory
Commission.

2.

With regard to the 14 rules, regulations and regulatory documents as issued by the People’s Bank of China (Appendix 2) including the
Measures for Administering Trust and Investment Companies, China Banking Regulatory Commission shall take charge of implementing,
interpreting and amending them.

Appendix: 1. The rules, regulations and regulatory documents supervised and implemented jointly by the People’s Bank of China and
China Banking Regulatory Commission

Appendix 2. The rules, regulations and regulatory documents supervised and implemented by China Banking Regulatory Commission

People’s Bank of China

China Banking Regulatory Commission

January 16, 2007
Appendix 1
The rules, regulations and regulatory documents supervised and implemented jointly by the People’s Bank of China and China Banking
Regulatory Commission (Altogether 60)

1.

Circular of the People’s Bank of China Concerning the Further Regulation of the Business Operation of Non-banking Financial Institutions
(Yin Fa [2001] No.356)

2.

Circular of the People’s Bank of China concerning Issues Concerning the Administration of Market Access of Chinese-funded Commercial
Banks (No.105 [2002] of the People’s Bank of China)

3.

Circular concerning the Printing and Distribution of the Provisions on Administering Urban Cooperative Banks (Yin Fa [1997] No.264)

4.

Measures for Administering Overseas Financial Institutions (Order No.1, 1990 of the People’s Bank of China)

5.

Circular of the People’s Bank of China on Matters Concerning Practically Doing Well in Renaming County (Urban) Credit Cooperative
as Rural Credit Cooperative (Yin Fa [2001] No.105)

6.

Guiding Opinions of the People’s Bank of China concerning Inter-bank Borrowing between Rural Credit Cooperatives (Yin Fa [2002] No.107)

7.

Circular of the General Office of the People’s Bank of China Concerning Matters on Initiating Foreign Exchange Business by Rural Credit
Cooperatives (Yin Fa [2002] No.240)

8.

Letter concerning Matters Concerning the Take-over of Financial Assets (Yin Ban Han [2000] No.65)

9.

Circular Concerning Matters on Stripping Bad Loans (Yin Ban Fa [2000] No.89)

10.

Circular Concerning the Printing and Distribution of the Interim Measures for Avoiding and Disposing the Payment Risks of Financial
Institutions (Yin Fa [1998] No.49)

11.

Some Provisions on Implementing the Regulation concerning the Administration of Savings (Yin Fa [1993] No. 7)

12.

Circular concerning Reinforcing the Administration of Personal Business of Depositing and Withdrawing Savings in Financial Institutions
(Yin Fa [1997] No.363)

13.

Circular Concerning the Printing and Distribution of the Measures for Administering Renminbi Corporate Deposit (Yin Fa [1997] No.485)

14.

Circular Concerning the Printing and Distribution of the Measures for Administering of Deposits at Notice (Yin Fa [1999] No.3)

15.

Circular Concerning the Printing and Distribution of the Measures for Administering Educational Deposits (Yin Fa [2000] No.102)

16.

Circular concerning the Opinions on the Disposal of the Related Matters Concerned after the Implementation of the Provisions on the
Real-Name Personal Savings Account System (Yin Fa [2000] No.126)

17.

Circular on Severely Forbidding Soliciting Depositors with High Interest Rates and Attracting Deposits by Unfair Means (Yin Fa [2000]
No.253)

18.

Supplementary Circular of the People’s Bank of China Concerning the Opinions on the Disposal of the Related Matters Concerned in the
Implementation of the Provisions on the Real-Name Personal Savings Account System (Yin Fa [2001] No.102)

19.

Circular of the People’s Bank of China Concerning Matters on the Day Deposit and Withdrawal of Individual Deposits (Yin Fa [2001]
No.340)

20.

Circular of the People’s Bank of China Concerning the Initiation of the Negotiated Deposits of National Social Security Funds by Commercial
Banks (Yin Fa [2002] No.40)

21.

Circular Concerning the Inquiry, Freeze, Deduction and Transfer of the Deposits of Enterprises, Public Institutions, Organs and Consortium
Banks (Yin Fa [1993] No.356)

22.

Circular Concerning the Inquiry, Freeze, Deduction and Transfer of the Deposits of Army Units and the Related Enterprises, Public
Institutions, Organs and Consortium Banks by the Security Departments of the Army (Yin Fa [1996] No.76)

23.

Circular on Checking and Ceasing the Payment of the Deposits of Withholding Taxpayers and Withholding Agents in Financial Institutions
(Yin Fa [1998] No.312)

24.

Circular Concerning the Printing and Distribution of the Measures for Disposing of Small-sum Secured Loans on Individual Fixed Savings
Deposit Certificates (Yin Fa [1994] No.316)

25.

Circular of the People’s Bank of China Concerning the Printing and Distribution of the Interim Provisions on Protecting Safe Computer
Rooms and Counter Equipments of Banks (Yin Fa [2002] No.42)

26.

Circular on Issuing the Interim Measures for Disposing of Syndicated Loans (Yin Fa [1997] No.415)

27.

Circular of the People’s Bank of China, the Ministry of Foreign Trade and Economic Cooperation, and the State Administration of Taxation
on Conducting the Trust Loan Business for Export Tax Refund Accounts (Yin Fa [2001] No.276)

28.

Circular of the People’s Bank of China Concerning Matters on Administering Fixed Assets Loans (Yin Fa [2001] No.331)

29.

Circular of the People’s Bank of China Concerning the Printing and Distribution of the Guiding Opinions on Administering Small-sum
Credit Loans for Rural Households of Rural Credit Cooperatives ( Yin Fa [2001] No.397)

30.

Circular of the People’s Bank of China on Reinforcing the Administration of the Credit Operations of Public Accumulation Fund for
Housing Construction (Yin Fa [2002] No.247)

31.

Circular Concerning the Printing and Distribution of the Measures for Handling the Hypothecated Loans on Proof National Debts (Yin
Fa [1999] No.231)

32.

Circular of the People’s Bank of China on Regulating the Administration of Co-branded Cards (Yin Fa [2002] No.6)

33.

Scope of Foreign Exchange Business of Non-banking Financial Institutions (Hui Guan Han Zi [1997] No. 258)

34.

Provisions on Administering Foreign Exchange Business of Banks (Approved by the People’s Bank of China on September 8, 1997 and promulgated
by the State Administration of Foreign Exchange on September 27, 1997)

35.

Circular on Forwarding the Circular of the Ministry of Finance and the State Archives Bureau Concerning the Printing and Distribution
of the Measures for Accounting Archives Management (Yin Ban Fa [1998] No.135)

36.

Circular Concerning the Printing and Distribution of the Guidelines on the Foreign Exchange Transferred Loans Business of Policy Banks
and Commercial Banks (Yin Fa [2000] No.351)

37.

Circular of the People’s Bank of China Concerning the Printing and Distribution of the Guiding Opinions on the Basic Norms for Bank
Accounting (Yin Fa [2002] No.370)

38.

Circular on Reinforcing Credit Management of Agricultural and Forestry Development Projects and Strictly Prohibiting Illegally Raising
Funds in the Name of Land Development and Land Transfer (Yin Fa [1999] No.254)

39.

Circular of the People’s Bank of China on Putting Down Underground Banks and Cracking Down on Usury Behaviors (Yin Fa [2002] No.30)

40.

Circular of the People’s Bank of China on Further Doing well in Granting Small-sum Credit Loans to Farmer Households and Improving
Supporting Services for Agriculture (Yin Fa [2002] No.113)

41.

Circular on Further Intensifying Bank Settlement Management ( Yin Fa [1997] No.143)

42.

Circular Concerning the Printing and Distribution of the Interim Measures for Administering the Acceptance, Discount and Rediscount
of Commercial Drafts (Yin Fa [1997] No.216)

43.

Circular Concerning the Printing and Distribution of the Measures for the Settlement of Domestic Letters of Credit and the Procedures
for the Accounting of Letters of Credit ( Yin Fa [1997] No.265)

44.

Circular on Reinforcing the Management of Commercial Drafts and Promoting the Development of Commercial Drafts (Yin Fa [1998] No.229)

45.

Circular of the People’s Bank of China Concerning Maters on the Handling of Bank Draft and Bank Acceptance Business (Yin Fa [2002]
No.364)

46.

Circular on Issuing the Measures for Postal Exchange Fund Settlement (Yin Fa [1993] No.20)

47.

Circular of the People’s Bank of China on Improving and Reinforcing the Administration of Postal Exchange Fund Settlement (Yin Fa
[2002] No.25)

48.

Measures for Administering RMB Bank Settlement Accounts (Order No.5, 2003 of the People’s Bank of China)

49.

Circular of the People’s Bank of China Concerning Matters on Handling the Inquiry and Reply Business of Trans-bank Acceptance by Commercial
Banks (Yin Fa [2002] No.63)

50.

Circular of the People’s Bank of China Concerning Matters on Paying Bonds and Reloan Interest of Financial Assets Management Companies
(Yin Fa [2002] No.97)

51.

Reply on the Related Matters Concerning the Fund Settlement of Stripping Non-performing Loans (Yin Ban Han [2000] No.585of the General
Office of the People’s Bank of China)

52.

Circular of the People’s Bank of China, the Ministry of Finance, the Office of the Leading Group for Poverty Alleviation and Development
under the State Council and the Agricultural Bank of China Concerning the Printing and Distribution of the Implementation Measures
for Administering Interest Discount Loans for Poverty Alleviation (Yin Fa [2001] No.185)

53.

Circular of the People’s Bank of China on Establishing Direct Business Contact between Foreign-funded Banks and the Commercial Banks
of Taiwan (Yin Fa [2002] No.361)

54.

Circular of the People’s Bank of China on Regulating the Competition in the Banking Market (Yin Fa [2002] No.354)

55.

Circular Concerning the Printing and Distribution of the Provisions on Administering Hypothecated Loans on Time Deposit Certificates
of Entities (Yin Fa [1999] No.302)

56.

Circular Concerning the Printing and Distribution of the Measures for Administering Valuable Documents and Important Blank Vouchers
(Yin Fa [1997] No.163)

57.

Circular of the General Office of the People’s Bank of China on the Relevant Issues Concerning the Reform of Bank Accounting System
(Yin Ban Fa [2001] No.186)

58.

Provisions on Administering the Foreign Exchange Business of Non-banking Financial Institutions (Approved by the People’s Bank of
China on December 18, 1992 and promulgated by the State Administration of Foreign Exchange on January 1, 1993)

59.

Circular Concerning the Printing and Distribution of the Measures for Administering Loans for the Increase of Registered Capital of
the Chinese Parties of Sino-foreign Equity Joint Ventures and Sino-foreign Cooperative Joint Ventures (Yin Fa [2000] No.68)

60.

Circular on Forwarding the Measures of the Ministry of Public Security for the Administration of Computer Virus Prevention and Control
(Yin Ban Fa [2000] No.156)

Appendix 2
The rules, regulations and regulatory documents supervised and implemented by China Banking Regulatory Commission

1.

Circular of the General Office of the People’s Bank of China Concerning the Related Matters on Reinforcing the Supervision over Non-banking
Financial Institutions (Yin Ban Fa [2002] No.162)

2.

Measures for Administering Trust and Investment Companies (Order No.5, 2002 of the People’s Bank of China)

3.

Circular of the People’s Bank of China Concerning the Related Matters on the Trust and Investment Companies’ Operation of Capital
Trust (Yin Fa [2002] No.314 )

4.

Provisions Concerning the Entrusted Loans Business of Financial Trust and Investment Companies (Yin Fa [1993] No.49)

5.

Circular of the People’s Bank of China Concerning the Related Matters on Strengthening the Supervision over Rural Credit Cooperatives
(Yin Fa [2001] No.396)

6.

Circular Concerning the Printing and Distribution of the Opinions on Reinforcing the Prevention, Investigation and Punishment of Cases
of Rural Credit Cooperatives (Yin Fa [1998] No.139)

7.

Circular Concerning the Printing and Distribution of the Guiding Opinions on Reinforcing the Electronic Construction and Management
of Rural Credit Cooperatives (Yin Ban Fa [2000] No.291)

8.

Circular Concerning the Printing and Distribution of the Opinions on Reinforcing and Regulating the Administration of Agency Business
of Rural Credit Cooperatives (Yin Fa [1999] No.335)

9.

Circular of the People’s Bank of China on Issuing the Provisions on Administering Financial Institutions’ Assistance in the Inquiry,
Freeze or Deduction of Deposits (Yin Fa [2002] No.1)

10.

Circular of the General Office of the People’s Bank of China Concerning the Related Matters on the Settlement and Restructuring Work
of Trust and Investment Companies (Yin Ban Fa [2003] No.24)

11.

Circular Concerning the Issuance of the Measures for the Administration of Assisting the Investigation of Cases of Financial Swindling
(Yin Fa [1997] No.195)

12.

Circular Concerning the Printing and Distribution of the Interim Provisions on Safety Protection of the Business Places and Vaults
of Financial Institutions (Yin Fa [1998] No.588)

13.

Circular Concerning the Earnest Implementation of the Circular of the State Council on Strengthening the Administration of Financial
Claims in the Restructuring Process of Small and Medium-sized State-owned Enterprises and Collective Enterprises (Yin Fa [1998] No.578)

14.

Circular on the Related Matters Concerning the Initiation of Entrusted Loans Business by Commercial Banks (Yin Ban fa [2000] No.100)

 
People’s Bank of China, China Banking Regulatory Commission
2007-01-16

 




PROVISIONS ON UTILIZING THE MARKS OF THE MOST COMPETITIVE BRANDS ON THE MARKET

Announcement of Ministry of Commerce

No. 9

For the purpose of strengthening the administration of and regulating the utilization of the marks of the most competitive brands
on the market, the Provisions on Utilizing the Marks of the Most Competitive Brands on the Market are hereby promulgated in accordance
with the Measures for Evaluating and Protecting Brands in the Commercial Field.
The Ministry of Commerce

January 30, 2007

Provisions on Utilizing the Marks of the Most Competitive Brands on the Market

Article 1

For the purpose of strengthening the administration of the marks of the most competitive brands on the market and regulating the
utilization of the marks of the most competitive brands on the market, the present Provisions are formulated in accordance with the
Measures for Evaluating and Protecting Brands in the Commercial Field.

Article 2

The utilization of the marks of the most competitive brands on the market shall be subject to the present Provisions.

Article 3

The Ministry of Commerce shall take charge of the supervision and administration of the marks of the most competitive brands on the
market. The local commerce authorities and commerce chambers shall take charge of assisting the supervision over and administration
of the utilization of the marks of the most competitive brands on the market.

Article 4

The marks of the most competitive brands on the market are in the ownership of the Ministry of Commerce. Two kinds of marks are available
for the most competitive brands on the market. The mark comprises standard drawing, standard font, standard color and secondary color,
and it is suggested to utilize the preferred mark. Please see Affixes 1, 2, 3 and 4, respectively for the marks as well as their
standard drawings, standard fonts, standard colors and secondary colors for the most competitive brands on the market.

Article 5

Where an enterprise’s brand has been granted with the post_title of the most competitive brand on the market, the uniformly prescribed
mark of the most competitive brands on the market may be utilized on the packages, decorations, instructions, advertisements, internet
and other media of its products or services.

Article 6

The marks of the most competitive brands on the market shall be in the prescribed formats when they are utilized. They may be enlarged
or minified pro rata, but the proportion or hue of marks may not be changed.

Article 7

The standard hue of the marks may not be affected by the base color of adhesive media when the marks of the most competitive brands
on the market are printed and the inside colors or drawings may not be revealed.

Article 8

The marks of the most competitive brands on the market can be utilized only on the products or services to which with the post_title of
the most competitive brand on the market have been granted, and the utilization scope thereof may not be enlarged.

Article 9

In accordance with the Measures for Evaluating and Protecting Brands in the Commercial Field, if the post_title of the most competitive
brand is cancelled, an enterprise or individual shall stop the utilization of the marks of the most competitive brand on the market
as of the date of cancellation, and take charge of cleaning up the marks of the most competitive brand on the market it or he has
utilized.

Article 10

In accordance with the Measures for Evaluating and Protecting Brands in the Commercial Field, after the ownership of a brand, to
a post_title of most competitive brand on the market has been granted alters, the utilization right thereof shall be changed accordingly.

Article 11

If any enterprise or individual has not been empowered to utilize the post_title of the mark of the most competitive brands on the market,
it/he may not utilize as its or his own or forge the marks of the most competitive brands on the market.

Article 12

The marks of the most competitive brands on the market shall be safeguarded in accordance with the Measures for Evaluating and Protecting
Brands in the Commercial Field.

Article 13

The Ministry of Commerce shall be responsible for interpreting the present Provisions.

Article 14

The present Provisions shall go into effect as of the promulgation date.

Affix 1: Marks of the Most Competitive Brands on the Market (omitted)

Affix 2: Standard Drawing (omitted)

Affix 3: Standard Font (omitted)

Affix 4: Standard Color and Auxiliary Color (omitted)

The Ministry of Commerce

January 30, 2007



 
Ministry of Commerce
2007-01-30

 







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...