Federal Acts

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

 







CIRCULAR OF THE MINISTRY OF COMMERCE ON ENTRUSTING CHANGSHA NATIONAL ECONOMIC & TECHNICAL DEVELOPMENT ZONE 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 Changsha National Economic & Technical Development Zone to Examine, Approve
and Administer the Relevant Work on Foreign-invested Enterprises in Some Service Trade Sectors

Shang Zi Han [2007] No. 25

Hunan People’s Government, Changsha Municipal People’s Government and Changsha National Economic & Technical Development Zone,

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 Changsha National Economic & Technical Development Zone 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 Changsha National Economic & Technical Development Zone 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 Changsha National Economic & Technical Development Zone 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.

Changsha National Economic & Technical Development Zone, the management system of which needs to be improved, has not set up an
independent finance department yet. Changsha National Economic & Technical Development Zone 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, THE MINISTRY OF FINANCE AND THE PEOPLE’S BANK OF CHINA CONCERNING MATTERS ON COLLECTING VEHICLE PURCHASE TAX

Circular of the State Administration of Taxation, the Ministry of Finance and the People’s Bank of China Concerning Matters on Collecting
Vehicle Purchase Tax

Guo Shui Fa [2007] No.16

The state tax bureaus and public finance departments (bureaus) of each province, autonomous region, municipality directly under the
Central Government and city specifically designated in the state plan, Shanghai Headquarters of the People’s Bank of China, each
branch, business management department, central sub-branch of the People’s Bank of China in provincial capital cities, central sub-branches
in Dalian, Qingdao, Ningbo, Xiamen and Shenzhen:

The relevant matters on issuing tax receipts and refunding taxes from the state treasury that are involved during the implementation
of the collection and management system for vehicle purchase tax are hereby clarified as follows:

1.

Matters on issuing the receipts of the vehicle purchase tax paid through direct finance payment

As regards an vehicle-purchase entity adopting a direct finance payment method and paying vehicle purchase tax through the financial
zero balance account, where the name of the actual taxpayer recorded in the tax payment certificate is not consistent with the payment
account name, the column of code of the payment-making entity (individual) of the General Payment Letter for Taxation shall be filled
with the taxpayer identification number of the actual taxpayer (the taxpayer’s identification number shall be “area code + organizational
code as created by the national technical supervision department”), the column of full name of the paying entity (individual) shall
be filled with the full name of the financial zero balance account” and “(full name of the taxpayer)”, the column of bank of deposit
and the column of account number shall be respectively filled with the bank of deposit and account number of the financial zero balance
account.

2.

Matters on refunding taxes from the state treasury

The tax authorities shall, when handling the business of refunding vehicle purchase tax from the state treasury, issue a Tax Revenue
Refund Notice and submit it to the state treasury. As regards the tax paid through a financial zero balance account, it shall be
refunded to such account; where the tax is paid by a taxpayer through transferring from the taxpayer’s account at the bank of deposit,
it shall be refunded to such account; if the refund of tax is made in cash to individuals, the related provisions of the Urgent Circular
of the State Administration of Taxation, the People’s Bank of China and the Ministry of Finance on Refunding Tax in Cash (Guo Shui
Fa [2004] No. 47) shall apply.

Each tax authority, public finance department, state treasury of the people’s banks and commercial bank of each locality shall, when
collecting vehicle purchase taxes and turning them over to the state treasury, intensify cooperation, enhance working efficiency
and guarantee that vehicle purchase tax may be turned over to the state treasury timely and safely.

The State Administration of Taxation

The Ministry of Finance

The People’s Bank of China

February 12, 2007



 
The State Administration of Taxation, the Ministry of Finance and People’s Bank of China
2007-02-12

 







GUIDING OPINIONS OF THE GENERAL OFFICE OF THE MINISTRY OF COMMERCE ON THE WORK OF ABSORBING FOREIGN INVESTMENT IN 2007

Guiding Opinions of the General Office of the Ministry of Commerce on the Work of Absorbing Foreign Investment in 2007

Shang Zi Zi [2007] No.25

For the purpose of grasping the precious opportunities brought about by the increase of transnational investment and the international
industrial transfer, implementing a scientific outlook of development, raising the quality and level of the absorbed foreign investment,
giving full play the benefits of foreign-funded enterprises in national economic and social development and providing guidance to
the whole country in foreign investment absorption, it is hereby notified:

I.

The Absorption of Foreign Investment of the Whole Country in 2006

The year 2006, which marked the beginning of the Eleventh Five-Year Programme, witnessed a steady increase of foreign investment in
China. Some all-caliber figures concerning the absorption of foreign direct investment in 2006 are given as follows: 41485 foreign-invested
enterprises were established, down by 5.76% compared with the previous year and the actually utilized foreign capital stood at US$69.468
billions, down by 4.06%. 12 out of the aforementioned 41485 were Chinese-foreign equity joint banks, insurance companies and funds
management companies, decreasing by 33.33% over the previous year and they actually utilized a total of US$6.447 billion, decreasing
by 46.64%.

The industrial structure of foreign investment was further optimized and the high-tech industries have gained ground on absorbing
foreign investment. In 2006, the actually utilized investment of high-tech industries amounted to US$10.14249 billion, up by 3.81%
over the previous year, and the telecommunication equipment manufacturing, optoelectronic device manufacturing and computer manufacturing
were the most prominent in this regard with a rise of 61.40%, 50.97% and 48.63% respectively. The increase of foreign investment
in non-financial service sector also gained momentum, which was shown by an actually utilized foreign investment of US$ 14.692 billion,
increasing by 25.79% over the previous year and the proportion in the national total up by almost 4 percentage points. The manufacturing
sector utilized a total of US$40.077 billion of foreign fund, which was down by 5.6% and whose proportion in the national total decreased
by 6.78 percentage points. The macro-regulation of foreign investment in the key industries was very effective. Since 2005, no foreign-invested
projects or projects with extended production capacity had been approved in iron and steel, cement and electrolytic aluminum industries.
In 2006, the actually utilized investment of the iron and steel and cement industries reached US$141 million and US$109 million respectively,
which marked significant decreases of 66.67% and 55.67%.

The distribution of foreign investment remained unbalanced. The eastern China utilized a total of US$56.922 billion of foreign investment
in 2006, which accounted for 90.32% of the national total, the central region absorbed US$3.922 billion, or 6.22% while the figures
for the western part were US$2.177 billion and 3.45%. The old industrial bases of northeastern China made use of US$2.466 billion
of foreign investment, or 3.91% of the national total.

The foreign-invested enterprises operated well and their role in the development of national economy was further strengthened. In
the first half of 2006, the investment in the fixed assets made by foreign-invested enterprises stood at US$304.31 billion, which
was up by 19.6% over the same period of the previous year and comprised 11.96% of the national total; foreign-invested enterprises
realized an industrial added value of US$906.07 billion, which was an increase of 18.9% and took up 28.54% of the national total.
From January to November, 2006, the import and export volume of foreign-invested enterprises reached US$937.548 billion, which was
an increase of 25.49% and constituted 58.24% of the national total; the export volume of foreign-invested enterprises stood at US$509.617
billion, or 58.24% of the national total, up by 27.90%. The export volumes of new and high-tech products and mechanical and electrical
products were US$223.378 billion (or 87.99% of the national total) and US$367.542 billion (or 74.05% of the national total) respectively,
registering respective increases of 30.53% and 29.59% over the same period of the previous year. From January to September, the taxes
paid by foreign-invested enterprises amounted to US$606.212 billion, or 21.4% of the national total, up by 27.5%, and the added value
of taxes by foreign-invested enterprises constituted 25.59% of the national total.

There are currently about 280 million people directly employed by foreign-invested enterprises, which comprised more than 10% of non-agricultural
labour force in the urban areas.

II.

The Situation of Foreign Investment to Be Faced in 2007

In terms of the international situation, the world economy will maintain good momentum of development in 2007. Modern service industry,
with service outsourcing as its main content, and a new round of industrial transfer characterized by advanced manufacturing, research
and development will continue their development. Merger and acquisition will remain the major form of transnational direct investment
and its total volume will keep growing. Meanwhile, developing countries and neighboring countries will release their new policies
of foreign investment absorption in succession and try to enhance it; the investment made among developed countries are becoming
more liberalized, which will slow down the growth of the international investment in developing countries. After the transition period
of entering WTO, developed countries will pose on China even greater pressure of further opening up which may exceed China’s capacity.

In terms of domestic situation, the effects of the macro-regulation are becoming increasingly noticeable and the national economy
will keep growing healthily and rapidly; foreign-related laws and regulations are becoming better and more complete; the trends of
horizontal and vertical investment transfer of transnational corporations are obvious; an all-directional, multi-layer and wide-range
pattern of opening up, the service sector included, is taking shape, which has created favorable conditions for keeping appropriate
growth of foreign investment. Meanwhile, the advantages in such traditional production factors as land, labour force and energy have
been weakened; some policies concerning the absorption of foreign investment are and will be undergoing revision one after another,
which will add to the uncertainty in the short term, while in the long run will promote the upgrading and adjustment of foreign investment
structure.

All in all, both opportunities and challenges exist in the work of absorbing foreign investment in 2007, which, on the whole, is beneficial
to the active and reasonable absorption and the further improvement of the work on foreign investment in terms of the quality and
level.

III.

The Guidelines of the Work on Absorbing Foreign Investment in 2007

The guidelines are as follows: to fully implement the scientific outlook on development and raise the quality and level of absorbing
foreign investment, with the strategic objective of building a harmonious society as the centre; to adhere to opening up to the outside
world, serve for the overall interests of national economy and maintain the relative continuity and consistency of the foreign investment
policies; to continue the active and reasonable absorption of foreign investment, import advanced technologies, managerial expertise,
high-level talents and optimize the industrial structure; to provide guidance for the gradient industrial transfer of foreign investment
and promote the coordinated development of regional economy; to develop service outsourcing business and raise the development level
of China’s service industry; to build a more open innovation system and strengthen the capability of independent innovation; to keep
a sustainable development in national economic and technological development zones.

IV.

The Objectives of the Work on Absorbing Foreign Investment in 2007

The objectives are as follows: to strictly follow the basic state policy of opening to the outside world and change the mindset on
absorbing foreign investment; to build a government oriented towards providing quality service to the public and improve the overall
environment for absorbing foreign investment, with raising the quality and level of the utilization of foreign investment as the
core; to lead foreign business to invest in the high-tech manufacturing, modern service industry and the high-level research and
development process, as well as in the resource-saving and environment-friendly industries and maintain an appropriate growth of
foreign investment; to carry out the relevant policies concerning the rise of central China, development of the western region and
rejuvenating the old industrial bases in northeast China and to encourage the gradient industrial transfer; to simplify and standardize
the approving procedures of foreign investment and strengthen the supervision over and administration of foreign investment; to build
a all-round and multi-level system of foreign investment promoting.

V.

In order to achieve the aforementioned objectives, the competent departments of commerce at various levels shall work on the following
9 aspects

1.

Study the principles of the 16th CPC National Congress, the relevant documents released since the 3rd Plenary Session of the 16th
Central Committee of CPC and the National Conference on Economic Work and change the mindset on absorbing foreign investment in line
with the latest development.

The competent departments of commerce shall fully implement a scientific outlook on development and, by focusing on the strategic
objectives of building a harmonious society and an innovative country, study and comprehend the guiding principles of the Central
Committee of the Party and the State Council on adhering to opening up and raising the quality and level of utilizing foreign investment.
The competent departments of commerce shall fully understand the significance and effects of absorbing foreign investment in the
new era, strengthen the function of public service of the government, investigate and research on the situation of foreign investment
in different regions and, considering the overall distribution of national economy, flexibly formulate the policies and measures
of raising the quality and level of absorbing foreign investment.

2.

Further transform government functions and actively improve the overall investment environment.

The competent departments of commerce shall, facing the new situation of foreign investment absorption and researching on the latest
development, conduct all the preparatory work of publicity, explanation and implementation for policy adjustment and keep the relative
consistency and continuity of the policies concerning absorbing foreign investment; the competent departments of commerce shall timely
put forward proposals for formulation and revision of relevant laws, regulations and policies and make further improvement on them;
the competent departments of commerce shall accelerate transforming government functions, enhance their awareness of providing service
to the public, take steps to make administrative affairs more open, promote administrative efficiency and administrative level in
accordance with the law, further simplify the approving procedures, enhance the capacity of online administration and improve transparency;
the competent departments of commerce shall make further amendments to the measures of handling complaints arising from the foreign
investment, intensify law enforcement in intellectual property protection and protect the lawful rights and interests of investors
at home and abroad; the competent departments of commerce shall innovate the forms of publicity, intensify the positive publicity
activities and cultivate favorable public opinions of raising the quality and level of absorbing foreign investment.

3.

Appropriately lead the orientation of foreign investment and optimize the industrial structure.

The competent departments of commerce shall implement the state macroeconomic policies, strengthen the research on the industrial
policies and the current development, lead the orientation of foreign investment flexibly on the basis of the Catalogue for the Guidance
of Foreign Investment Industries and Catalogue of Encouraged Hi-tech Products for Foreign Investment, further encourage foreign investment
in modern agriculture, modern service industry and service outsourcing industry and in the technological renovation and upgrading
of traditional industries and encourage transnational corporations to set up in China regional headquarters, purchasing centres,
logistics centres and training centres; the competent departments of commerce shall take effective measures to restrict foreign investment
in real estate and in the industries with high energy consumption, high pollution emission and low production efficiency, help the
restructuring and upgrading of processing trade, promote the joint investment and cooperation of foreign businesses and domestic
private enterprises, fully utilize overseas resources to develop capital market, and guide and standardize strategic foreign investment
in listed enterprises.

4.

Advance “the Project of Encouraging Investment in Central-Western Region” and promote the coordinated development of regional economy.

The competent departments of commerce shall speed up the revision of Catalogue of Priority Industries for Foreign Investment in the
Central-Western Region, moderately relax the access conditions for foreign investment in the central-western region, implement various
policies concerning the rise of central China, development of the western region and rejuvenating the old industrial bases in northeast
China, promote regional cooperation, encourage East China to speed up its industrial system and mechanism innovation and industrial
restructuring and upgrading, assist the central-western and the northeastern regions in creating conditions for the transfer of open
industries in the eastern part and foreign industries; the competent departments of commerce shall strive to make the 2nd Central
China Trade and Investment Expo a success as a new platform for the further opening up and cooperation with others for the 6 provinces
in central China, deepen the opening up across the border and, considering the bearing capacity of the resources and environment,
advantages for development and potentials of the region, improve the regional development policies.

5.

Develop Modern Service Industry and Undertake the International Service Outsourcing Business.

The competent departments of commerce shall promote the opening up of the service industry in an active and reliable manner, increase
the proportion of foreign investment in it and lead foreign businesses to invest in modern service industries with high added-value
such as finance, logistics, chain stores, IT, software and technological research & development.

The competent departments of commerce shall seize the opportunities of international service outsourcing, further improve the relevant
policies of encouraging the development of service outsourcing industry, fully implement the released supporting measures in the
fields of finance, banking, personnel training, quality authentication of enterprises, international market development, public information
and technology service and intellectual property protection, accelerate the cultivation of cities and enterprises as the bases for
China’s service outsourcing industry, promote the investment and encourage transnational corporations to have China as their important
partner in their service outsourcing business.

6.

Strengthen the Administration of Foreign Investment and Guide and Standardize the Merger & Acquisition of Foreign Investment.

The competent departments of commerce shall further improve the all-caliber statistic work of foreign investment in terms of scope
and depth, better the statistic system of foreign investment, raise the level of joint annual survey, strengthen the monitoring and
analysis of foreign investment, establish the announcement and administration mechanism of key foreign-invested projects the information
work mechanism of foreign investment to provide support for the decision-making of the government.

The competent departments of commerce shall improve the relevant laws, rules and regulations, encourage fair competition, guide and
standardize the merger and acquisition of foreign investment, guard against monopolized and hostile merger and acquisition and maintain
the control force in key industries and areas with a view to ensuring the national economic security.

7.

Build Harmonious Development Zones and Create New Advantages.

The competent departments of commerce shall, on the basis of adaptation to the adjustment of relevant policies and research on the
counter-measures, formulate the measures of sustainable development in the national economic and technological development zones,
give scope to the role of the zones of demonstration, radiation and promotion, develop special zones with vigorous economic growth
and large foreign investment, which absorb domestic investment as well; the competent departments of commerce shall guide and encourage
the development zones to develop new and high-tech industries, modern service industries which are energy-saving and environmental
friendly, enhance the capabilities of independent innovation, give play to the industrial clustering effects of the development zones
in East China and extend their industrial chain, support those in central-western region and the old industrial bases in northeastern
China to speed up infrastructure construction and personnel training to make preparations for the transfer of some industries from
East China, promote regional collaboration in establishing cooperation parks and lead eastern development zones to assist the western
region in improving the comprehensive investment environment.

8.

Improve the Investment Promoting System and Standardize the Foreign Investment Inviting.

The competent departments of commerce shall formulate the investment promoting strategy on the basis of the regional characteristics,
establish and improve the national investment promoting system, innovate the forms of investment promotion and make it institutionalized
and systemized, give full play the role of bilateral and multilateral investment promoting mechanism, research on and determine the
quality appraisal system of absorbed foreign investment, prohibit all disguised preferential policies in foreign investment inviting
in contravention of laws and regulations and correct the practices of assigning quotas to the subordinate departments.

9.

Promote Independent Innovation by Utilizing Foreign Investment.

The competent departments of commerce shall, comprehensively and objectively research on and sum up the experience of promoting independent
innovation by utilizing foreign investment in the context of opening up to the outside world, publicize and utilize the relevant
state policies of encouraging scientific innovation and develop new patterns of promoting innovation by utilizing foreign investment;
the competent departments of commerce shall promote foreign-invested enterprises to assimilate, absorb and re-innovate the technologies
after importing them, encourage transnational corporations to conduct joint cooperation with domestic research and development institutions
and enterprise and expand the spillover effect of foreign-invested technologies; the competent departments of commerce shall encourage
the establishment of foreign-invested enterprises for venture investment and improve the withdrawal mechanism.

The Ministry of Commerce of People’s Republic of China

March 6, 2007



 
The General Office of the Ministry of Commerce
2007-03-06

 







CIRCULAR OF THE MINISTRY OF FINANCE CONCERNING THE RELATED MATTERS ON IMPLEMENTING THE AMENDED GENERAL RULES FOR ENTERPRISE FINANCE

Circular of the Ministry of Finance Concerning the Related Matters on Implementing the Amended General Rules for Enterprise Finance

Cai Qi [2007] No. 48

For the purpose of implementing the amended General Rules for Enterprise Finance (Decree No. 41 of the Ministry of Finance), doing
well in the conversion from the old enterprise financial system to the new one, and propelling the reform of the enterprise financial
system, the related matters are hereby informed as follows:

1.

On the Link-up Matter on Employees’ Welfare Funds in the Financial System Reform

After the amended General Rules for Enterprise Finance comes into effect, an enterprise may not reserve the employees’ welfare funds
at a rate of 14% of the total wage amount, and shall charge back the employees’ welfare funds as reserved in 2007. Up to December
31, 2006, the book balance of payable welfare funds (not including the balance of employees’ welfare funds and awards that are reserved
by foreign-invested enterprises from the after-tax profits) shall be dealt with in accordance with the following conditions. In the
case of any separate provisions formulated by listed company, such provisions shall prevail:

(1)

Where the balance is in red ink, it should be converted into the undistributed profits at the beginning of 2007, and they shall be
made up by free or statutory common reserve funds if the undistributed profits at the beginning of 2007 thus become negative, , and
where there is still balance, such balance shall be made up by the net profits generated in 2007 or later.

(2)

Where there is surplus, the surplus shall be used in accordance with the original provisions, and after the surplus has been used
up, the amended General Rules for Enterprise Finance shall apply. Where an enterprise restructures into a corporation or alienates
its property rights, it shall increase the capital reserves in accordance with the Supplementary Circular of the Ministry of Finance
on the Related Matters about the Provisional Provisions on the Administration and Financial Treatment of the Corporation Restructuring
of Related State-owned Assets (Cai Qi [2005] No. 12).

2.

On Organizing the Implementation of the Amended General Rules for Enterprise Finance

Each region, department and enterprise group shall earnestly organize the implementation of the Amended General Rules for Enterprise
Finance, conduct business trainings in light of their respective situations, do well in disseminating the policies for the enterprise
financial system reform, and adjust, amend and perfect the enterprise financial management systems in accordance with the amended
General Rules for Enterprise Finance (Order No. 41 of the Ministry of Finance), and guarantee the smooth conversion of new and old
enterprise financial systems.

The Ministry of Finance

March 20, 2007



 
The Ministry of Finance
2007-03-20

 







CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING THE RELATED TAX POLICIES ON THE SERVICE SPONSORSHIP OF THE 29TH OLYMPIC GAMES BY ATOS ORIGIN (BEIJING) COMPANY AND OMEGA (SWITZERLAND) COMPANY

Circular of the Ministry of Finance and the State Administration of Taxation Concerning the Related Tax Policies on the Service Sponsorship
of the 29th Olympic Games by Atos Origin (Beijing) Company and Omega (Switzerland) Company

Cai Shui [2007] No. 38

The public finance departments (bureaus), state taxation bureaus and local taxation bureaus of each province, autonomous region, municipality
directly under the Central Government and city specifically designated in the state plan,

For the purpose of ensuring the success of the 29th Olympic Games held in China, upon study, the related tax matters on the service
sponsorship to the 29th Olympic Games in the forms of cash and goods, etc. by Atos Origin (Beijing) Company and Omega (Switzerland)
Company are hereby clarified as follows:

1.

As regards the 82,510,000 USD of expenses for Atos Origin (Beijing) Company to provide the service sponsorship to the Beijing Organizing
Committee in accordance with the sponsorship agreement, when calculating the taxable enterprise incomes, the actual amount occurred
in the current year shall be totally deducted according to Item 4 of Article 2 of the Notice of the Ministry of Finance, the State
Administration of Taxation and the General Administration of Taxation on the Related Tax Policies for the 29th Olympic Games (Cai
Shui [2003] No. 10).

2.

As regards the 53,110,000 USD of expenses for Omega (Switzerland) Company to provide the service sponsorship to the BOCOG in accordance
with the sponsorship agreement, where no permanent institution has been set up within the territory of China in accordance with the
Agreement between the Government of the People’s Republic of China and the Swiss Federal Council on Avoiding Double Taxation on Incomes
and Properties, the matter of pre-tax deduction is not involved; where a permanent institution has been established within the territory
of China, in accordance with Item 4 of Article 2 of the Circular of the Ministry of Finance, the State Administration of Taxation
and the General Administration of Taxation on the Related Tax Policies for the 29th Olympic Games (Cai Shui [2003] No. 10), when
calculating the taxable enterprise incomes, the actual amount occurred in the current year shall be totally deducted. Where the enterprise
income tax is levied by way of verifying profits, the expenses for such service sponsorship may be deducted directly from the income
amount, on basis of which, the taxes to be levied are verified.

3.

As regards the sponsorship services gratuitously provided to the BOCOG by Atos Origin (Beijing) Company or Omega (Switzerland) Companyin
accordance with the sponsorship agreement, no business tax may be levied.

4.

Except for the service sponsorship, in case Atos Origin (Beijing) Company or Omega (Switzerland) Company collects other service incomes
from the BOCOG, related taxes shall be paid in accordance with the tax law or the treaty of China.

The Ministry of Finance

The State Administration of Taxation

March 29, 2007



 
The Ministry of Finance, the State Administration of Taxation
2007-03-29

 







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...