Facebook
Home German Laws Federal Acts Page 8

Federal Acts

CIRCULAR OF THE MINISTRY OF COMMERCE, THE MINISTRY OF FINANCE, THE STATE ADMINISTRATION OF TAXATION, THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE, THE NATIONAL BUREAU OF STATISTICS AND THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON EXERCISING THE WORK OF JOINT ANNUAL INSPECTION ON FOREIGN-FUNDED ENTERPRISES OF 2006

Circular of the Ministry of Commerce, the Ministry of Finance, the State Administration of Taxation, the State Administration for
Industry and Commerce, the National Bureau of Statistics and the State Administration of Foreign Exchange on Exercising the Work
of Joint Annual Inspection on Foreign-funded Enterprises of 2006

The administrative departments of commerce, public finance departments (bureaus), State tax bureaus, local tax bureaus, administrations
of industry and commerce, statistics bureaus as well as foreign exchange bureaus of each provinces, autonomous region, municipality
directly under the Central Government, city specifically designated in the state plan and the Xinjiang Production and Construction
Corps:

Exercising joint annual inspection on foreign-funded enterprises is a significant measure of our country to transform the government’s
managerial mode and improve investment environment. In order to earnestly implement the principle of the Notice on the Implementation
Scheme for the Joint Annual Inspection on Foreign-funded Enterprises (Wai Jing Mao Zi Fa [1998] No. 938, hereinafter referred to
as the Notice) and do a good job in the joint annual inspection on foreign-funded enterprises in 2007, the relevant issues are hereby
informed as follows;

1.

Upon the approval of the State Council, the General Administration of Customs may not be on the team of the joint annual inspection,
meanwhile, the National Bureau of Statistics is added as a member thereof. Each joint annual inspection department shall, in strict
accordance with the requirements of the Notice, organize the joint annual inspection on foreign-funded enterprises, and shall, in
the process of work, strengthen coordination and cooperation, carefully arrange, elaborately organize, actually take effective measures
and make more efforts to publicize so as to enhance the enterprises’ participating rate. The relevant departments of annual joint
inspection shall timely sort out, nullify and revoke the enterprises without capital, site and structure, and shall, in accordance
with law and regulations, handle and punish enterprises that fail to declare annual inspection, make unfaithful declaration or commit
law-breaking or rule-breaking acts in production or business operations

2.

The joint annual inspection on foreign-funded enterprises is from March,1 to June, 30, 2007. The inspection content thereof is the
enterprises’ operation status in 2006.

3.

Each joint annual inspection member shall further intensify communication and coordination, give full play to the existing network
resources, make the on-line annual inspection develop orderly, and try out electronic signature and seal in partial conditional provinces
and municipalities so as to further lower enterprises’ burden and realize the on-line inspection in the true sense.

4.

Joint annual inspection members shall reinforce direction on the grass-rooted inspection work, timely grasp the progress of the inspection,
coordinate and resolve problems arised during the inspection so as to ensure that the local inspection work develops orderly. And
they shall strengthen the administration on the intermediary institutes such as accounting firm, etc., and shall strictly handle
any rule-breaking act committed by intermediary institutes, transfer it to competent departments if necessary to adopt corresponding
industrial administration measures.

5.

Each joint annual inspection department shall reinforce training governmental departments and joint annual inspection personnel so
as to improve the personnel’s vocational level and guarantee the smooth and highly effective inspection.

The Ministry of Commerce

The Ministry of Finance

The State Administration of Taxation

The State Administration for Industry and Commerce

The National Bureau of Statistics

The State Administration of Foreign Exchange

March 1, 2007



 
The Ministry of Commerce, the Ministry of Finance, the State Administration of Taxation, the State Administration for
Industry and Commerce, the National Bureau of Statistics and the State Administration of Foreign Exchange
2007-03-01

 






MEASURES FOR EXAMINING DRUG ADVERTISEMENTS

Decree of the State Food and Drug Administration and the State Administration of Industry and Commerce

No.27

The Measures for Examining Drug Advertisements have been deliberated and adopted by the State Food and Drug Administration and the
State Administration of Industry and Commerce of the People’s Republic of China They are hereby promulgated by the sequence number
of the order of the State Food and Drug Administration, and shall go into effect as of May 1, 2007.
Director of the State Food and Drug Administration, Shao Mingli

Director of the State Administration of Industry and Commerce, Zhou Bohua

March 13, 2007

Measures for Examining Drug Advertisements

Article 1

According to the Advertising Law of the People’s Republic of China (hereinafter referred to as Advertising Law), the Drug Administration
Law of the People’s Republic of China (hereinafter referred to as Drug Administration Law), the Rules for Implementing the Drug Administration
Law of the People’s Republic China (hereinafter referred to as Rules for Implementing the Drug Administration Law) and other related
state provisions on the supervision and administration of ads and drugs, the present Measures are enacted with a view to strengthening
the administration of drug advertisements (hereinafter referred to as drug ads) and guaranteeing the authenticity and legality of
drug ads.

Article 2

All the ads containing drug names, applicable diseases (functions and indications) or other drug-related content and published through
various mediums or in various forms belong to drug ads and shall be examined under the present Measures.

As regards a nonprescription drug ad that only publicizes the name of the drug (including the general name and commodity name) or
a prescription drug ad that only publicizes the name of the drug (including the general name and commodity name) on designated professional
publications of medicine science and pharmacy, the examination is not required.

Article 3

A drug ad for being examined may not pass the examination unless it complies with the following laws, regulations and related provisions:

(1)

Advertising Law;

(2)

Drug Administration Law;

(3)

Rules for Implementing the Drug Administration Law;

(4)

Standards for Examining and Issuing Drug Ads;

(5)

Other state provisions on administrating ads.

Article 4

The drug administrative departments of the provinces, autonomous regions and municipalities directly under the Central Government
shall be the examination organs of drug ads and shall, within their respective administrative regions, take charge of examining the
drug ads. The administrative departments of industry and commerce at or above the county level shall be the supervisory and administrative
organs of drug ads.

Article 5

The State Food and Drug Administration shall conduct guidance and supervision over the examination work of drug ads as made by the
examination organs of drug ads, and shall, according to law, punish the examination organs for any violation of the present Measures.

Article 6

Only a qualified manufacturing or trading enterprise of the drug may file an application for a drug license number. In case a trading
enterprise files such application, the consent of the manufacturing enterprise shall be obtained.

An applicant may entrust an agent to deal with the application matters for a drug ad license number on behalf of it.

Article 7

An application for a drug ad license number shall be filed with the examination organ of drug ads at the locality of the manufacturing
enterprise of the drug.

An application for the ad license number of an import drug shall be filed with the examination organ of drug ads at the locality of
the agency of the import drug.

Article 8

For applying for a drug ad license number, an applicant shall provide a Drug Ad Examination Form (Attached List 1), with the electronic
document of the sample manuscript (film or tape) consent with the content to be published and that of the application form for drug
ad attached, and, meanwhile, provide the following true, legal and effective evidentiary documents:

(1)

Photocopy of the Business License of the applicant;

(2)

Photocopy of the Drug Manufacturing License or Drug Trading License of the applicant;

(3)

In case the applicant is a trading enterprise of the drug, the original evidentiary document on the fact that the manufacturing enterprise
agrees to its status as applicant shall be submitted;

(4)

Where the applicant entrusts an agent to apply for a drug ad license number, the original authorization letter produced by the applicant
and the photocopy of the agent’s business license and other evidentiary documents on the agent’s subject status shall be provided;

(5)

Photocopies of the drug approval certificates (including Registration Certificate for Import Drug and Registration Certificate for
Medical Product), photocopy of the approved drug instructions as well as the label and instructions actually used;

(6)

As regards a nonprescription drug ad, a photocopy of the examination and registration certificate of the nonprescription drug or photocopies
of the related evidentiary documents shall be provided;

(7)

For applying for the ad license number of an import drug, the photocopies of the related evidentiary documents on the qualification
of the drug import agencyshall be provided;

(8)

In case the ad involves the commodity name of the drug, the registered trademark or patent, etc, the photocopies of the related evidentiary
valid documents and other evidentiary documents confirming the authenticity of the content of the ad shall be provided.

The photocopy of any evidentiary documents to be provided as provisioned in this Article shall be affixed with the seal of the entity
holding it.

Article 9

An examination organ of drug ads may not accept an enterprise’s application for drug ad under any of the following circumstances:

(1)

Any of the circumstances under which the application may not be accepted as provisioned in Articles 20, 22 and 23 of the present Measures;

(2)

The administrative procedure for revoking the drug ad license number is going on.

Article 10

Where the application materials are complete and satisfy the statutory requirements, an examination organ of drug ads shall issue
a Notice of Drug Ad Acceptance after receiving an application for a drug ad license number, and, where they are not complete or fail
to satisfy the statutory requirements, it shall, on the spot or within 5 workdays, inform the applicant of the content to be corrected
once and for all ; in case it fails to do so within the prescribed time limit, the day of the receipt of the application materials
shall be deemed as the day of acceptance.

Article 11

An examination organ of drug ads shall examine the authenticity, legality and validity of the evidentiary documents provided by the
applicant within 10 workdays since its acceptance of the application and examine the content of the ad in accordance with law. Where
the drug ad passes the examination, it shall issue a drug ad license number; otherwise, it shall make a decision on rejecting issuing
a drug ad license number, inform the applicant of the decision in written form and make explanations, and, meanwhile, inform the
applicant of its right to apply for an administrative reconsideration or lodge an administrative lawsuit in accordance with law.

As regards an approved drug ad, the examination organ of drug ads shall report it to the State Food and Drug Administration for archival
filling and send the approved Drug Ad Examination Form to the ad supervisory and administrative organ at the same level for archival
filling. In case the State Food and Drug Administration finds any problem in the drug ad reported for archival filling, it shall
order the examination organ of drug ads to make corrections.

The drug supervisory and administrative departments shall timely publicize the approved drug ads to the general public.

Article 12

The archive-filing formalities shall be gone through beforehand at the examination organ of drug ads of the place where the ad is
to be published, if the drug ad is to be published in any province, autonomous region, or municipality directly under the Central
Government other than the place where the manufacturing enterprise of the drug or the import drug agency is located (hereinafter
referred to as publishing drug ad in any other place).

Article 13

For publishing any drug ad in any other place, the following materials shall be provided:

(1)

Photocopy of the Drug Ad Examination Form;

(2)

Photocopy of the approved drug instructions;

(3)

For a TV or radio ad, a tape, CD or any other medium carrier with content identical with the content passing the examination shall
be submitted;

The photocopy of any evidentiary document to be provided as provisioned in this Article shall be affixed with the seal of the entity
holding it.

Article 14

As regards an application for the archive-filing of a drug ad published in any other place filed according to the provisions of Articles
12 and 13 of the present Measures, the examination organ of drug ads shall, within 5 workdays as of the acceptance of the archive-filing
application, put it on record, endorse the word “Filed” on the Form, affix the special seal for the examination of drug ads and send
a copy of the Form to the ad supervisory and administrative organ at the same level for future reference.

Where the examination organ of drug ads at the place where a drug ad is to be put on record holds that the drug ad fails to comply
with the related provisions, it shall fill in the Opinion on the Archive-filing of Drug Ads (Attached List 2) and send it to the
original examination organ of drug ads for reexamination, and a copy thereof shall be sent to the State Food and Drug Administration.

The original examination organ shall inform the examination organ of drug ads at the place where the drug ad is to be put on record
of its opinion within 5 workdays since the day when it receives the Opinion on the Archive-filing of Drug Ads. In case the two examination
organs of drug ads can’t achieve a consensus, the State Food and Drug Administration may be invited to make a ruling thereon.

Article 15

A drug ad license number’s valid period shall be one year, and once the period expires it shall become invalid.

Article 16

When publishing an approved drug ad, no content of the ad may be altered. In case it is necessary to alter any content, the drug
ad license number shall be reapplied.

Article 17

In case a drug ad applicant publishes the drug ad by itself, the original Drug Ad Examination Form shall be kept for two years for
future reference.

In case an ad publisher or operator is entrusted by a drug ad applicant to act as an agent or publish the drug ad, it shall check
the original Drug Ad Examination Form, publish the drug ad on the basis of the examined and approved content, and keep the photocopy
of the Form for two years for future reference.

Article 18

Where an approved drug ad falls within any of the following circumstances, the original examination organ of the drug ad shall issue
a Notice on the Reexamination of Drug Ads (Attached List 3) to the applicant of the drug ad and reexamine the drug ad in accordance
with law. The drug ad may be continually published during the reexamination period:

(1)

The State Food and Drug Administration holds that the content of the approved drug ad fails to comply with the related provisions;

(2)

An ad supervisory and administrative organ at the provincial level or above suggests the reexamination of the drug ad;

(3)

Any other circumstance under which the examination organ of drug ads holds that it is necessary to reexamine.

Where, upon reexamination, the original examination organ of drug ads holds that the drug ad fails to meet the statutory conditions,
it shall take back the Drug Ad Examination Form and cancel the original drug ad license number.

Article 19

The examination organ of drug ads shall write-off the drug ad license number under any of the following circumstances:

(1)

The Drug Manufacturing License or Drug Trading License has been canceled;

(2)

The approval certifications on the drug have been cancelled or written-off;

(3)

The State Food and Drug Administration or the drug supervisory and administrative department of the province, autonomous region, or
municipality directly under the Central Government has ordered to suspend the production, sale and use of the drug.

Article 20

In case false publicity is made by altering an approved drug ad’s content without authorization, the drug supervisory and administrative
department shall order to stop such publishing immediately, revoke the ad license number of such drug and may not accept the application
for the examination and approval of any ad on such drug within one year.

Article 21

As regards any illegal drug ad that enlarges the scope of applicable diseases (functions and indications) of the drug at will, absolutely
exaggerates the curative effects of the drug and severely cheats and misleads the consumers, once the drug supervisory and administrative
department at the provincial level or above finds, an administrative coercive measure shall be adopted to suspend the sale of such
drug within its jurisdiction and, meanwhile, order the enterprise illegally publishing the drug ad to publish a notice of correction
on the corresponding local medium. The drug supervisory and administrative department at the provincial level or above shall, within
15 workdays, make a decision on releasing the administrative coercive measure after the notice is published; in case it is necessary
to check the drug, the drug supervisory and administrative department shall, within 15 days since the day when the written check
report is sent, make a decision on whether to release the administrative coercive measure or not.

Article 22

As regards an enterprise providing any false application material for the examination and approval of a drug ad, once the examination
organ of drug ads finds during the acceptance or examination, this enterprise’s application for the examination and approval of any
ad on such drug may not be accepted within one year.

Article 23

In case an enterprise obtains a drug ad license number by submitting false application materials, the examination organ of drug ads
shall, after finding, revoke the drug ad license number and may, within three years, not accept this enterprise’s application for
the examination and approval of any ad on such drug.

Article 24

In case the license number of a drug ad has been taken back, written-off or cancelled according to Articles 18, 19, 20 or 23 of the
present Measures, the publication thereof shall be suspended at once; the examination organ of drug ads of any other place shall
stop accepting such enterprise’s application for the archive-filing of such drug ad’s approved license number.

In case an examination organ of drug ads decides to take back, write-off or cancel a drug ad license number according to Articles
18, 19, 20 or 23 of the present Measures, it shall inform the ad supervisory and administrative organ at the same level to deal with
it in accordance with law within 5 workdays since the day when it makes such administrative handling decision.

Article 25

In case an enterprise publishes a drug ad in other place without sending an archive-filing application to the examination organ of
drug ads at the place where the drug ad is published, once it is found out, it shall be order to go through the formalities for archive-filing
within a prescribed period, where it fails to do so, the publishing activities of such drug ad shall be ordered to be stopped in
that place.

Article 26

The drug supervisory and administrative departments at the county level or above shall monitor and inspect the publication of the
examined and approved drug ads. As regards the illegally published drug ads, the drug supervisory and administrative departments
at each level shall fill in the Notice on Transferring Illegal Drug Ads (Attached List 4) and transfer them together with such materials
as the sample pieces of these illegal drug ads to the ad supervisory and administrative organs for investigating and handling at
the same level ; as regards an other-place publication of a drug ad with approved contend altered without authorization, the examination
organ of drug ads at the place where the drug ad is published shall, according to Article 92 of the Pharmaceutical Administration
Law and Article 20 of the present Measures, put forward a suggestion on revoking the license number of the drug ad to the original
examination organ of drug ads.

Article 27

As regards any illegal drug ad with serious circumstance, the drug supervisory and administrative department under the province,
autonomous region, or municipality directly under the Central Government shall publicize an announcement thereon and report it to
the State Food and Drug Administration, which shall, on a consolidated and regular basis, publicize such reports.

As regards any illegal drug ad with serious circumstance, when necessary, the State Administration of Industry and Commerce and the
State Food and Drug Administration shall jointly publicize an announcement thereon.

Article 28

In case a drug ad is published without being examined and approved or the content of a published drug ad is inconsistent with the
examined and approved one, the ad supervisory and administrative organ shall punish according to Article 43 in the Advertising Law;
in case it constitutes a false ad or a false and misleading publicity, the ad supervisory and administrative organ shall punish according
to Article 37 of the Advertising Law and Article 24 of the Anti-Unfair Competition Law.

In case the ad supervisory and administrative organ, when investigating and punishing a case of illegal drug ad, finds it is necessary
to determine certain professional technical content as involved in the case, it shall send a written notice on the content to be
determined to the drug supervisory and administrative department at the provincial level or above, which shall, within 10 workdays
since the day when the notice is received, feed back the determination result to the ad supervisory and administrative organ.

Article 29

The working personnel undertaking the examination and supervision of drug ads shall be subject to the training on the Advertising
Law, the Drug Administration Law and other related laws and regulations. In case any working personnel of the examination organs
of drug ads and the supervisory and administrative organs thereof neglects his duties, abuses his power or conducts any self-exerting
misconduct, administrative punishment shall be imposed. In case any crime is established, criminal liabilities shall be investigated
in accordance with law.

Article 30

A drug ad license number shall be in the form of “No. 0000000000 of X Drug Ad Examination (Video)”, “No. 0000000000 of X Drug Ad
Examination (Audio)” or “No. 0000000000 of X Drug Ad Examination (Words)”, among which, “X” means the abbreviation of a province,
autonomous region, or municipality directly under the Central Government, “0” consists of 10 digits, the first 6 shall be the date
when the examination is conducted and the last 4 shall be the approved ad’s serial number. “Video”, “Audio” and “Words” means the
medium forms for publishing ads.

Article 31

The present Measures shall go into effect as of May 1, 2007. The Measures for Examining Drug Ads (No. 25 of the State Administration
of Industry and Commerce), which were promulgated by the State Administration of Industry and Commerce and the Ministry of Health
on March 22, 1995, shall be repealed at the same time.



 
The State Food and Drug Administration, the State Administration of Industry and Commerce
2007-03-13

 






CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING THE TAX MATTERS ABOUT THE RESTRUCTURING OF FOREIGN BANK BRANCHES INTO SOLELY FOREIGN-INVESTED BANKS

Circular of the Ministry of Finance and the State Administration of Taxation Concerning the Tax Matters about the Restructuring of
Foreign Bank Branches into Solely Foreign-invested Banks

Cai Shui [2007] No. 45

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, and the Public Finance Bureau of Xinjiang
Production and Construction Corps.,

The Regulations of the People’s Republic of China on Administrating Foreign-invested Banks (Order No. 478 of the State Council) promulgated
by the State Council on November 11, 2006 and the detailed rules for the implementation thereof provided that: where the related
conditions are met, a foreign bank may set up a solely foreign-invested bank within China, and a foreign bank branch set up within
China may be restructured into a solely foreign-invested bank (or the subsidiary bank thereof). During the process of restructuring,
the solely foreign-invested bank (or the subsidiary bank thereof) shall inherit the creditor’s rights and debts of the former foreign
bank branch. As regards the related tax matters about the restructuring of foreign bank branches into solely foreign-funded banks
(or the subsidiary banks thereof), it is the principle that the business activities before and after the restructuring should be
taken as continuous business activities. The related specific tax treatments are hereby informed as follows:

1.

Business Tax and Value-added Tax

When the foreign bank branches are restructured, as regards the transfer of enterprise property rights or stock rights to the restructured
solely foreign-invested banks (or the subsidiary banks thereof), no business tax or value-added tax may be levied .

2.

Enterprise Income Tax

(1)

. As regards assets transfer

Where a foreign bank branch is restructured into a solely foreign-invested bank (or the subsidiary bank thereof), all assets thereof
shall be transferred in light of their respective book value and in accordance with the Circular of the State Administration of Taxation
Concerning the Tax upon the Incomes Generated from the Transfer of Stock Rights by Foreign-invested Enterprises and Foreign Enterprises
(Guo Shui Han [1999] No. 207).

(2)

. As regards making up losses

The business losses suffered by a foreign bank branch in the years before its restructuring may be made up continuously by the restructured
solely foreign-invested bank (or the subsidiary bank thereof), and the fixed number of years for making up losses shall be calculated
continuously after the year when the former foreign bank branch suffered the losses according to the fixed number of years as provided
for in Article 11 of the Income Tax Law of the People’s Republic of China on Foreign-invested Enterprises and Foreign Enterprises
(hereinafter referred to as the Foreign-invested Enterprise Income Tax Law).

(3)

As regards the item of tax preferences

If the preferential tax reduction and exemption treatments for a certain term have not been enjoyed by a foreign bank branch in accordance
with the provisions in the Foreign-invested Enterprise Income Tax Law before its restructuring, or if the term has not expired, the
corresponding restructured solely foreign-invested bank (or the subsidiary bank thereof) may enjoy them until the term expires. If
the term has expired, the restructured solely foreign-invested bank (or the subsidiary bank thereof) may not enjoy them again.

(4)

As regards consolidated payment of taxes

In accordance with Article 5 of the Detailed Rules for Implementing the Foreign-invested Enterprise Income Tax Law, after a foreign
bank branch is restructured into a subsidiary bank of a solely foreign-invested bank, the headquarters of the solely foreign-invested
bank shall pay enterprise income tax on a consolidated basis.

3.

Stamp Tax

In accordance with the Circular of the Ministry of Finance and the State Administration of Taxation Concerning Related Policies on
the Stamp Tax in the Process of Enterprise Restructuring (Cai Shui [2003] No.183), after the restructuring of a foreign bank branch
into a solely foreign-invested bank (or the subsidiary bank thereof), if the capital book accounts and taxable contracts, have been
affixed with the tax stamps in the foreign bank branch, tax stamps will not be affixed with in the restructured solely foreign-invested
bank (or the subsidiary bank thereof) again.

4.

Deed Tax

In accordance with the Circular of the Ministry of Finance and the State Administration of Taxation Concerning Related Policies on
the Deed Tax in the Process of Enterprise Restructuring (Cai Shui [2003] No.183), the deed tax may be exempted if the house property
rights a foreign bank branch owns before the restructuring are transferred to the solely foreign-invested bank (or the subsidiary
bank thereof) set up after the restructuring.

5.

Where a foreign bank branch is restructured into a solely foreign-invested bank (or the subsidiary bank thereof), in case the transfer
is not carried out on the basis of book value, tax shall be levied pursuant to the current related tax law.

The Ministry of Finance

The State Administration of Taxation

March 26, 2007



 
The Ministry of Finance, The State Administration of Taxation
2007-03-26

 






CIRCULAR OF THE FOREIGN FUND DEPARTMENT UNDER THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON REPORTING LICENSE USE STATUS OF FOREIGN-FUNDED ENTERPRISES

Circular of the Foreign Fund Department under the State Administration for Industry and Commerce on Reporting license Use Status of
Foreign-funded Enterprises

All foreign fund offices under Administration for Industry and Commerce of each province, autonomous region and municipality directly
under the Central Government:

As annual examination and exchange of new-version business license for foreign-funded enterprises are ongoing all over the country
for now, you are required to report the following information to this Department in the unit of province immediately after receiving
this Circular so as to make a plan as a whole of the printing and distribution of licenses of foreign-funded enterprises and guarantee
license exchange can be done as usual during the annual examination period.

(1)

The actual number of foreign-funded enterprises with a status of legal person and branches thereof as well as the growth rate for
the last two years.

(2)

The actual number of enterprises from foreign countries (regions) and the permanent representative offices thereof that engage in
production and operation in China as well as the growth rate for the last two years.

(3)

The drawing methods for each kind of licenses of foreign-funded enterprises (drawing uniformly by each province, autonomous region
and municipality directly under the Central Government or self-drawing by an authorized administration).

(4)

Cancellation rate of each kind of license in the process of use.

(5)

Stock situation of the new-version business license.

You shall, prior to April 30, gather the aforesaid items and fill them in the Statistics of License Use of Foreign-funded Enterprises.
In the case of self-drawing by authorized administration, the above-mentioned Statistics shall be attached separately, and then reported
to the Foreign Fund Department under the State Administration for Industry and Commerce via electronic documents.

E-mail: wz@saic.gov.cn

Contact person: Wang Junfeng, Comprehensive Office under the Foreign Fund Department

Tel: 010-68057996 or 010-88650408

Appendix: Statistics of License Use of Foreign-funded Enterprises (omitted)

The Foreign Fund Department under the State Administration for Industry and Commerce

April 10, 2007



 
The State Administration for Industry and Commerce
2007-04-10

 






ANNOUNCEMENT NO. 43, 2007 OF MINISTRY OF COMMERCE AND GENERAL ADMINISTRATION OF CUSTOMS

Announcement No. 43, 2007 of Ministry of Commerce and General Administration of Customs

[2007] No. 43

In accordance with the Measures on the Administration of Automatic Import Licenses of Goods, Ministry of Commerce made the following
adjustment to the List of Administration of Automatic Import Licenses on Goods, 32 items of the Administration of Automatic Import
Licenses are eliminated. The list of the eliminated items is now promulgated and shall be put into effect as from June 10, 2007.

Appendix: The Eliminated List of Administration of Automatic Import Licenses on Goods(omitted)

Ministry of Commerce

General Administration of Customs

May 20, 2007



 
Ministry of Commerce, General Administration of Customs
2007-05-20

 






CIRCULAR OF MINISTRY OF COMMERCE, MINISTRY OF FINANCE, STATE ADMINISTRATION OF TAXATION, STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE, NATIONAL BUREAU OF STATISTICS, STATE ADMINISTRATION OF FOREIGN EXCHANGE ON CONDUCTING THE 2007 JOINT SURVEY OF FOREIGN-INVESTED ENTERPRISES

Circular of Ministry of Commerce, Ministry of Finance, State Administration of Taxation, State Administration for Industry and Commerce,
National Bureau of Statistics, State Administration of Foreign Exchange on Conducting the 2007 Joint Survey of Foreign-Invested Enterprises

Shang Zi Han [2007] No. 7

The joint annual survey of foreign-invested enterprises is a significant move to transform the administration model of the government
and improve the environment of investment. For the purpose of well implementing the Circular of the Implementing Plan of the Joint
Annual Survey of Foreign-Invested Enterprises (Wai Jing Mao Zi Fa [1998] No.938, hereinafter referred to as the Circular) and making
the national joint survey of foreign-invested enterprises of 2007 a success, it is hereby notified:

I.

Approved by the State Council, the General Administration of Customs will not participate the joint annual survey any more while National
Bureau of Statistics will take its place. The departments which take part in the joint annual survey shall strictly follow the Circular
in the survey and enhance their coordination and cooperation. They shall have the survey carefully arranged and well organized and
take effective measures in publicity and in raising the participation rate of the enterprises. They shall timely wind up and revoke
the “three-no-enterprises (referring to enterprises with no capital, no plant, and no administrative structure)” and, in accordance
with the laws and regulations, impose penalties on those which do not apply for the annual survey, or which cheat in the survey or
perform any other illegal activities in their production and operation.

II.

The period from March 1 to June 30, 2007 shall be the office hours of the joint annual survey of foreign-invested enterprises and
the survey will focus on the operation of the foreign-invested enterprises in 2006.

III.

The departments which take part in the joint annual survey shall further enhance their communication and coordination, make full use
of the current network resources so as to facilitate the online joint annual survey of foreign-invested enterprises. In provinces
and municipalities with due facilities, the online signature can be tried out to further relieve the burden of the enterprises and
conduct a substantial online survey.

IV.

The departments which take part in the joint annual survey shall enhance the guidance of the joint annual survey at the basic level,
keep abreast with its latest progress, resolve various problems and guarantee the smooth progress of the survey in the region. The
departments which take part in the joint annual survey shall enhance the administration of the intermediary agencies such as accounting
firms; in case of any activities against the existing laws and regulations on their part, they shall be dealt with strictly and,
if necessary, transferred to the departments in charge and imposed corresponding penalties.

V.

The departments which take part in the joint annual survey shall provide more training for the personnel of the government and the
enterprises involved in the survey with a view to raising their professional level and ensuring the efficient and smooth progress
of the online joint annual survey.

Ministry of Commerce

Ministry of Finance

State Administration of Taxation

State Administration for Industry and Commerce

National Bureau of Statistics

State Administration of Foreign Exchange

January 10, 2007



 
Ministry of Commerce, Ministry of Finance, State Administration of Taxation, State Administration for Industry and
Commerce, National Bureau of Statistics, State Administration of Foreign Exchange
2007-01-10

 






ANNOUNCEMENT NO.5, 2007 OF MINISTRY OF COMMERCE, PROMULGATING 14 INDUSTRIAL STANDARDS OF DOMESTIC TRADE SUCH AS APPRAISING MEASURES ON PRODUCTION BASE OF SILKWORM MULBERRY

Announcement No.5, 2007 of Ministry of Commerce, Promulgating 14 Industrial Standards of Domestic Trade Such as Appraising Measures
on Production Base of Silkworm Mulberry

[2007] No.5

Ministry of Commerce has approved 14 industrial standards of domestic trade such as Appraising Measures on Production Base of Silkworm
Mulberry (please refer to appendix for code, name and date of implementation), which are now announced.

China Standard Press House will be in charge of publishing of above standards.

Appendix: Code, Name and Date of Implementation of 14 Industrial Standards

Ministry of Commerce

Jan 25, 2007



 
Ministry of Commerce
2007-01-25

 






MEASURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR ADMINISTERING DIRECT RETURN OF IMPORTED GOODS

Decree No. 156 of the General Administration of Customs

No. 156

The Measures of the Customs of the People’s Republic of China for Administering Direct Return of Imported Goods have been deliberated
and adopted at the executive meeting of the General Administration of Customs on December 21, 2006. They are hereby promulgated,
and shall go into effect as of April 1, 2007.
Director General Mou Xinsheng

February 2, 2007

Measures of the Customs of the People’s Republic of China for Administering Direct Return of Imported Goods

Article 1

For the purpose of strengthening the administration of direct return of imported goods, and protecting the lawful rights and interests
of citizens, legal persons and other organizations, these Measures are formulated under the Customs Law of the People’s Republic
of China as well as other relevant laws and administrative regulations.

Article 2

After the goods have entered the territory and before the customs release formalities are finished, if the consignee and the consigner
of the imported goods, the person in charge of the original transport means or his agent (hereinafter uniformly referred to as the
party involved ) applies to direct return of his all or part of its goods abroad, or the customs orders such direct return under
the related the state provisions, these Measures shall apply.

After the imported goods to be transited between customs offices are released at the customs house at the entry place, if the party
involved applies for the direct return thereof, these Measures may not apply, instead, the general return formalities shall be handled.

Article 3

The direct return of imported goods shall be determined by the directly subordinate customs or its authorized subordinate customs.

Article 4

After the goods have entered the territory and before the customs release formalities are finished, the party involved may apply
for handling the direct return formalities to the customs under any of the following circumstances:

(1)

The consignee is unable to provide related certificates by virtue of adjustment of the trade administration policies of the state;

(2)

The written evidential instruments of the consigner or the carrier can be provided to testify the mis-delivery, mis-unloading or over-unloading
of the goods;

(3)

Both the consignee and the consigner, through negotiations, agree on the return, and the written mutual consent of both parties can
be provided;

(4)

A dispute arises out of related trade, and the judgment of the court, the arbitral award of the arbitration institution, or the undisputed
valid goods ownership voucher can be provided; or

(5)

The goods are damaged or are not qualified from the inspection and quarantine of the state, and the related inspection testimonial
as issued by the state inspection and quarantine department upon application of the consignee can be provided.

Article 5

After the transport means carrying the batch of goods is declared to enter the territory, and before the customs releases goods,
a related party applying for direct return of any imported goods shall file a written application to the customs where the goods
are located.

Article 6

A related party applying to the customs for direct return shall, according to the requirement of the customs, present an application
form for direct return of imported goods (see Affix 1 for the format), the contracts testifying the actualities of the import, the
invoices, the shipment lists, the original declaration form for the goods that have been declared to the customs, the bill of lading
or carriage list and other related documents, the related testimonial satisfying the conditions for application, and other documents
to be provided by the party involved as required by the customs.

Article 7

The customs shall, according to the following circumstances, separately handle the applications for direct return of imported goods
as filed by the related parties:

(1)

In case the party involved is not qualified for applying for direct return of imported goods, the customs shall decide not to accept
the application;

(2)

In case the application materials are incomplete or do not satisfy the legal form, the customs shall, either on the spot or within
5 days as of its sign for the acceptation of the application materials, notify the party involved of the contents in need of supplement
once and for all, or in case the customs fails to do so, it shall be considered to have accepted the application as of its receipt
of the application materials;

(3)

In case the application materials only contain literal, technical or binding errors, etc. which may be corrected on the spot, the
customs shall permit the party involved to correct on the spot, and the party involved shall sign and seal to confirm the corrected
contents; or

(4)

In case the application materials are complete and satisfy the legal form, or the party involved has submitted all supplementary application
materials as required by the customs, the customs shall accept the application for direct return of imported goods.

In case the customs notifies the party involved pursuant to Item (2) of the preceding paragraph, and has decided to accept or not
accept the application for direct return of imported goods, it shall make and issue a corresponding Notification of the Customs of
the People’s Republic of China on the Application for Direct Return of Imported Goods (see Affix 2 for the format), the Decision
of the Customs of the People’s Republic of China on Accepting the Application for Direct Return of Imported Goods (see Affix 3 for
the format), and the Decision of the Customs of the People’s Republic of China on Not Accepting the Application for Direct Return
of Imported Goods (see Affix 4 for the format), affix its special seal for administrative license, and indicate the date.

Article 8

Unless a decision on direct return is made on the spot, the directly subordinate customs shall, within 20 days as of its acceptance
of the application for direct return, make a decision, and shall make and issue the Decision of the Customs of the People’s Republic
of China on Permitting Direct Return of Imported Goods (hereinafter referred to as the Decision on Permitting the Direct Return,
see Affix 5 for format) to the party involved with respect to a decision on permitting direct return upon examination; or shall make
and issue the Decision of the Customs of the People’s Republic of China on Refusing Direct Return of Imported Goods (see Affix 6
for the format) to the party involved with respect to a decision on refusing direct return upon examination,.

In case the customs is unable to make a decision within 20 days, the time limit may be extended by 10 days upon approval of the person
in charge of the directly subordinate customs, and the customs shall make and issue a Notification of the Customs of the People’s
Republic of China on Extending the Time Limit for Examining the Direct Return (see Affix 7 for the format), and notify the party
involved of the reasons for extending the time limit.

Article 9

In case the goods are determined by the customs to be checked or considered by it to be involved in suspected smuggling before the
party involved applies for direct return, the direct return may not be permitted, and the aforesaid goods shall be dealt with by
the customs under the related provisions after they have been checked or the case has been finalized.

Article 10

The formalities for direct return of imported goods which are not prescribed in these Measures shall be governed by the related provisions
in the Measures of the Customs of the People’s Republic of China for Implementing the Administrative License Law of the People’s
Republic of China.

Article 11

After the goods have entered the territory and before the customs release formalities are finished, the customs shall order the party
involved to directly return the imported goods abroad under any of the following circumstances, under which the goods shall be returned
under law:

(1)

The imported goods are forbidden by the state from being imported, and the customs has dealt with under law;

(2)

The import of goods goes against any policy or regulation of the state on inspection and quarantine, and the inspection and quarantine
department of the state has dealt with the matter and issued the Notification on Inspection and Quarantine or other evidential instruments
;

(3)

The party involved imports solid wastes restricted from being imported without permission, and uses them as raw materials, and the
customs has dealt with under law; and

(4)

Other circumstances, under which the party involved goes against any related law or administrative regulation of the state, and shall
be ordered to directly return the goods.

Article 12

In case it is necessary to order the direct return of imported goods, the customs shall, on the basis of the testimonial as issued
by the related governmental administrative department, make and issue a Notification of the Customs of the People’s Republic of China
on Ordering Direct Return of Imported Goods (hereinafter referred to as Notification on Ordering the Direct Return, see Affix 8 for
format) to the party involved.

Article 13

After receiving the Decision on Permitting the Direct Return or the “Notification on Ordering the Direct Return, The party involved
shall, make a declaration to the customs for direct return of imported goods as required by the customs.

Article 14

When making the declaration for direct return of imported goods, a party involved shall, unless there are otherwise different provisions,
fill out an export declaration form and make a declaration to the customs first, then fill out an import declaration form, and fill
the export declaration form number in the column of Associated Declaration Form of the import declaration form.

Article 15

In case some certain imported goods are to be directly returned, the party involved concerned shall fill out a declaration form for
the import and export of goods under the Norms of the Customs of the People’s Republic of China on Filling out Declaration Forms
for Import and Export of Goods, and shall satisfy the requirements as follows:

(1)

filling out the serial number of the Decision on Permitting the Direct Return or of the Notification on Ordering the Direct Return
in the column of Remarks;

(2)

filling out Direct Return (Code: “4500”) in the column of Supervision Method.

Article 16

In case the goods are not required to submit its or his import or export permit or other supervisory certificate upon approval of
the customs or its order of direct return, they shall be exempted from various taxes, fees and surcharges for delay, and may not
be listed into the statistics of the customs.

Article 17

In case some certain goods are approved by the customs to be directly returned after they have entered the territory upon being declared
to the customs, the customs shall, before handling the formalities for exit declaration of the imported goods to be directly returned
abroad, revoke the original import declaration form or the data of the transit list.

Article 18

In case the mis-delivery, mis-unloading or over-unloading of the goods are caused by the consignee, consigner or carrier of the imported
goods, and the customs approves or orders direct return, the party involved shall be exempted from filling out the declaration form,
and shall apply to the customs for handling the direct return formalities upon the strength of the Decision on Permitting the Direct
Return or the Notification on Ordering the Direct Return.

Article 19

The imported goods subject to direct return shall exit from the territory via the port at the original entry place. If the transport
method needs to be changed or to exit from the territory via another port by virtue of any transport reason, the goods shall exit
from the territory in the method of transit transport upon approval of the customs at the entry place.

Article 20

The direct return of imported goods in bonded zones, export processing zones, other areas under special supervision of the customs,
and bonded surveillance areas shall be handled under the related provisions of these Measures by analogy.

Article 21

In case anyone violates these Measures by committing smuggling or any other act violating the customs supervision provisions, it/he
shall be punished by the customs under the Customs Law of the People’s Republic of China and the Regulations of the Customs of the
People’s Republic of China on Implementing Administrative Penalties; if a crime is committed, he shall be subject to criminal liabilities
under law.

Article 22

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

Article 23

These Measures shall go into effect as of April 1, 2007.



 
General Administration of Customs
2007-02-02

 






CIRCULAR OF THE MINISTRY OF COMMERCE ON ENTRUSTING NINGBO 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 Ningbo 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. 7

Zhejing People’s Government, Ningbo Municipal People’s Government and Ningbo 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 Ningbo 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 Ningbo 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 Ningbo 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.

Ningbo Economic &Technical Development Zone, the management system of which needs to be improved, has not set up an independent
finance department yet. Ningbo 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

 






ANNOUNCEMENT NO.10, 2007 OF MINISTRY OF COMMERCE ON TERMINATING ANTI-DUMPING INVESTIGATION ON IMPORTED BUTYL ALCOHOL

Announcement No.10, 2007 of Ministry of Commerce on Terminating Anti-dumping Investigation on Imported Butyl Alcohol

[2007] No.10

In accordance with Anti-dumping Regulations of the People’s Republic of China, Ministry of Commerce (hereinafter referred to as “investigating
authority”) released announcement on Oct 14, 2005, deciding to carry out anti-dumping investigation on imported butyl alcohol (hereinafter
referred to as “investigated commodity”) originating from Russia, the U.S, South Africa, Malaysia, EU and Japan. The tariff codes
of the investigated commodity are 29051300￿￿29051410￿￿29051420 and 29051430 in Import and Export Tariff of the People’s Republic
of China.

Ministry of Commerce carried out investigation on dumping and dumping profit margin, injury and injury extent as well as causality
between dumping and injury, and issued the preliminary arbitration (refer to appendix) in line with investigation results and item
No. 24 of the Anti-dumping Regulations of the People’s Republic of China. Related matters are now announced as follows:

1.

Preliminary arbitration

Ministry of Commerce confirmed the dumping of imported butyl alcohol originating from Russia, the U.S, South Africa, Malaysia, EU
and Japan in preliminary arbitration; the domestic butyl alcohol industry remained without substantial damage.

2.

Terminating anti-dumping investigation

In accordance with Article 27 of Anti-dumping Regulations of the People’s Republic of China, the investigating authority decides
to terminate investigation on imported butyl alcohol originating from Russia, the U.S, South Africa, Malaysia, EU and Japan as from
Mar 2, 2007 since the investigated commodity didn’t cause substantial damage on domestic industry.

Appendix: Preliminary Arbitration of Ministry of Commerce on Imported Butyl Alcohol Originating from Russia, the U.S, South Africa,
Malaysia, EU and Japan

Ministry of Commerce

Mar 2, 2007



 
Ministry of Commerce
2007-03-02

 






1...789...16Page 8 of 16

CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

Disclaimer: There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Facebook
© LAWS.COM NETWORK 2023-2024