Home German Laws Page 14

German Laws

PROVISIONS ON BANNING THE ENTRY INTO THE SECURITIES MARKET

Order of China Securities Regulatory Commission

No.33

The Provisions on Banning the Entry into the Securities Market adopted at the 173rd president’s meeting of China Securities Regulatory
Commission on March 7, 2006, are hereby promulgated and shall enter into effect as of the day of July 10, 2006.
President of China Securities Regulatory Commission, Shang Fulin

June 7, 2006

Provisions on Banning the Entry into the Securities Market

Article 1

For the purpose of maintaining the order of the securities market, protecting the legitimate rights and interests of investors as
well as the public interest, and promoting the sound and stable development of the securities market, these Provisions are formulated
in light of such laws and administrative regulations as the Securities Law of the People’s Republic of China.

Article 2

China Securities Regulatory Commission (hereinafter referred to as CSRC) shall adopt relative measures for banning the entry into
the securities market against the relevant liable persons who have violated the relative laws, administrative regulations or the
relative provisions of CSRC, and shall be in light of the factual basis as well as be subject to the principles of openness, impartiality
and fairness.

Article 3

If the following personnel violate the provisions of the relative laws, administrative regulations or relative provisions of CSRC
with serious circumstances, CSRC may adopt measures for banning the entry into the securities market in accordance with the actual
circumstances:

(1)

The directors, supervisors or senior managers of an issuer or a listed company, other information disclosure obligator, or directors,
supervisors or senior managers of other information disclosure obligator;

(2)

The controlling shareholders or actual controllers, the directors, supervisors or senior managers of the controlling shareholders
or actual controllers of an issuer or a listed company;

(3)

The directors, supervisors or senior managers of a securities company and the principals of its internal business departments, principals
of the branches or sub-branches as well as other securities practitioners;

(4)

The controlling shareholders or actual controllers or the directors, supervisors or senior managers of the controlling shareholders
or actual controllers of a securities company;

(5)

Securities service practitioners such as the directors, supervisors and senior managers of a securities trading service institution,
actual controllers of a securities trading service institution or directors, supervisors and senior managers of the actual controllers
of a securities trading service institution;

(6)

The directors, supervisors and senior managers of a securities investment fund manager or a securities investment fund trustee, or
the persons in charge of internal business departments and branches thereof, or other securities investment funds practitioners;
and

(7)

Other liable persons deemed by CSRC as having violated relative laws, administrative regulations or provisions of CSRC.

Article 4

The person who is subject to the measures for banning the entry into the securities market shall, during the period of the ban, not
continue his securities practice in the original organization where he has worked, and he shall neither continue to hold the post
of director, supervisor or senior manager of the original listing company where he has worked, nor engage in the securities practice
in any other organization or hold the post of director, supervisor or senior manager thereof.

The person who is subject to the measures for banning the entry into the securities market shall stop engaging in any securities practice
or performing his functions and duties as a director, supervisor or senior manager of a listing company immediately after receiving
a decision from CSRC on banning the entry into the securities market, and the organization he works for shall dismiss him from his
post in light of prescribed formalities.

Article 5

The relative liable persons who violate relative laws, administrative regulations or the relative provisions of CSRC with serious
circumstances, may be given a ban of 3 to 5 years to enter into the securities market. The relevant liable persons who have any adverse
act, seriously disturb the order of the securities market, seriously damage the interest of investors or play a major role in a serious
law-breaking activity, may be given a ban of 5 to 10 years to enter the securities market. Under any of the circumstances as follows,
the relevant liable persons may be given a ban of lifetime to enter the securities market for:

(1)

Violating the relative laws, administrative regulations or the relative provisions of CSRC seriously, and thereby a crime has been
constituted;

(2)

Violating the relative laws, administrative regulations or the relative provisions of CSRC and the acts are particularly adverse,
seriously disturbing the order of the securities market and thus incurring serious social impacts, or incurring particularly serious
damage to the interest of investors;

(3)

Organizing, masterminding, leading or carrying out the activity in violation of the relative laws, administrative regulations or
the relative provisions of CSRC; or

(4)

Other act in violation of the laws, administrative regulations or the relative provisions of CSRC with serious circumstances.

Article 6

If the person violates the any of the laws, administrative regulations or the relative provisions of CSRC with serious circumstances,
the liable persons may be separately given the ban of the entry into the securities market and the administrative sanctions may be
concurrently given thereto according to law. If the suspected crime is involved, it shall be transferred to the public security organ
or the people’s procuratorate according to law, and a ban from the entry into the securities market may be simultaneously imposed
thereupon.

Article 7

The relevant liable person may be given a light, mitigated or exempted ban from entry into the securities market under any of the
circumstances as follows:

(1)

Voluntarily eliminating or mitigating the negative aftermath of his law-breaking acts;

(2)

Cooperating in the investigation into his law-breaking acts and having made meritorious contributions;

(3)

Being instigated or coerced by any other person in committing the law-breaking acts and voluntarily confessing his law-breaking act;
or

(4)

Other circumstances under which the measures for banning the entry into the securities market may be mitigated or exempted.

Article 8

The secondarily liable person may be given a light, mitigated measure or be exempted from the measures for banning the entry into
the securities market, by referring to those imposed upon the firstly liable person, if the persons collude in violation of the relative
laws, administrative regulations or the provisions of CSRC with serious circumstances and if the measures for banning the entry into
the securities market are needed.

Article 9

Before adopting the measures for banning the entry into the securities market, CSRC shall inform the parties concerned of the facts,
reasons and basis for adopting the measures for banning the entry into the securities market and notify them of the rights of statement,
averment as well as requesting for hearings.

Article 10

The measures for banning the entry into the securities market shall be revoked or altered according to law, if the person is given
a ban of the entry into the securities market or is considered as guilty for the same law-breaking act at the same time and is thus
given an administrative punishment, and if the conviction of his crime or decision on administrative sanction is revoked or altered
according to law, thereby, working on the factual basis or the legality or appropriateness regarding the measures for banning the
entry into the securities market,.

Article 11

If the person is given a ban of the entry into the securities market by CSRC, CSRC shall promulgate it to the general public through
its website or designated media, and record it into the credit archives of persons banned from entering into the securities market.

Article 12

If CSRC announces the individual or the directly liable person of an entity is the one that is banned from entering into the futures
market, it shall be dealt with in light of these Provisions.

Article 13

These Provisions shall enter into effect as of the day of July 10, 2006. The Interim Provisions on Banning the Entry into the Securities
Market (Zheng Jian [1997] No. 7) as promulgated by CSRC on March 3, 1997 shall be repealed at the same time.



 
China Securities Regulatory Commission
2006-06-07

 







NOTICE OF THE SUPREME PEOPLE’S COURT ON ADJUSTING THE JURISDICTION OF SHANGHAI AND NINGBO MARITIME COURTS

Notice of the Supreme People’s Court on Adjusting the Jurisdiction of Shanghai and Ningbo Maritime Courts

Fa [2006] No. 138

The higher people’s courts of Liaoning, Tianjin, Shandong, Shanghai, Hubei, Zhejiang, Fujian, Guangxi, Guangdong, and Hainan provinces
(cities, autonomous regions); the maritime courts of Dalian, Tianjin, Qingdao, Shanghai, Wuhan, Ningbo, Xiamen, Beihai, Guangzhou,
and Haikou:

With a view to making it adapt to the construction and development of Yangshan Deep-water Harbor Area, upon study, the jurisdiction
of Shanghai Maritime Court and Ningbo Maritime Court on Yangshan Harbor and its neighboring sea area shall be adjusted as follows:

The cases of dispute over maritime affairs and maritime trade which take place at Yangshan Harbor and its neighboring sea area shall
be under the jurisdiction of Shanghai Maritime Court.

This Notice shall enter into force as of the date of promulgation. In the event of any problem encountered in the implementation of
the present Notice, please timely report it to the Supreme People’s Court.

The Supreme People’s Court

June 20, 2006



 
The Supreme People’s Court
2006-06-20

 







DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON APPROVING THE INTERNATIONAL CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER, 1996 PROTOCOL

Decision of the Standing Committee of the National People’s Congress on Approving the International Convention on the Prevention of
Marine Pollution by Dumping of Wastes and Other Matter, 1996 Protocol

June 29, 2006

The 22nd meeting of the Standing Committee of the 10th National People’s Congress decides to approve the 1996 Protocol to the Convention
on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (hereinafter referred to as the Protocol), which were
adopted at the meeting of the state parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other
Matter on November 7, 1996 is approved and a declaration is simultaneously made as follows:

1.

With respect to paragraphs 2 and 5 of Article 16 of the Protocol, if the People’s Republic of China turns into a party at issue due
to the explanations and application of the Protocol (including the explanations and application of paragraphs 1 and 2 of Article
3 ), the procedures for arbitration as prescribed in Attachment III to the Protocol shall be applied upon the strength of a written
approval of the government of the People’s Republic of China.

2.

The Protocol shall, for the time being, not be applied to the Macao SAR of the People’s Republic of China before the government of
the People’s Republic of China otherwise makes any promulgation.



 
The Standing Committee of the National People’s Congress
2006-06-29

 







REPLY OF THE STATE COUNCIL ON APPROVING THE ADJUSTED LIST OF DUAL-USE BIOLOGICAL PRODUCTS AND RELATED FACILITIES AND TECHNOLOGIES SUBJECT TO EXPORT CONTROL

Reply of the State Council on Approving the Adjusted List of Dual-use Biological Products and Related Facilities and Technologies
Subject to Export Control

Guo Han [2006] No. 59

The Ministry of Commerce,

The State Council approves the Adjusted List of Dual-use Biological Products and Related Facilities and Technologies Subject to Export
Control, and it shall be promulgated for implementation in the name of the Ministry of Commerce.

Attachment: Adjusted List of Dual-use Biological Products and Related Facilities and Technologies Subject to Export Control (Omitted)

The State Council

July 8, 2006



 
The State Council
2006-07-08

 







OPINIONS OF THE MINISTRY OF COMMERCE, THE NATIONAL DEVELOPMENT AND REFORM COMMISSION, THE MINISTRY OF SCIENCE AND TECHNOLOGY, THE MINISTRY OF FINANCE, THE GENERAL ADMINISTRATION OF CUSTOMS, THE STATE ADMINISTRATION OF TAXATION, STATE INTELLECTUAL PROPERTY OFFICE AND THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON ENCOURAGING TECHNOLOGY IMPORTING AND INNOVATION AND PROMOTING CHANGES IN PATTERN OF TRADE GROWTH

Opinions of the Ministry of Commerce, the National Development and Reform Commission, the Ministry of Science and Technology, the
Ministry of Finance, the General Administration of Customs, the State Administration of Taxation, State Intellectual Property Office
and the State Administration of Foreign Exchange on Encouraging Technology Importing and Innovation and Promoting Changes in Pattern
of Trade Growth

Shang Fu Mao Fa [2006] No.13

The competent departments of commerce, development and reform (planning, economy and trade), science and technology, and finance at
various levels in all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated
in the state plan and Xinjiang Production and Construction Corps, Guangdong Sub-Administration of China Customs, Special Commissioners’
Offices in Tianjin and Shanghai, the customs offices directly affiliated to the General Administration of Customs, bureaus of state
taxation, intellectual property offices and bureaus of foreign exchange at various levels:

For the purpose of acting in the spirit of the National Science and Technology Conference, further implementing the strategy of Revitalizing
Trade through Science and Technology, carrying out the Eleventh Five-Year Programme on Revitalizing Trade through Science and Technology,
encouraging domestic enterprises to import advanced technologies and to enhance their own abilities in imported technology absorbing
and re-innovating in order to boost their core competitiveness and accelerate the changes in the pattern of trade growth, the following
opinions are hereby proposed:

I.

Deepen the Understanding of the Current Situation of Technology Importing

1.

Since the reform and opening up to the outside world, China has made tremendous progress in technology importing. Nearly 80000 contracts
of foreign technology importing have been signed since 1979, with a total contractual value of more than US$200 billion. During the
Tenth Five-Year Programme, China signed 35000 contracts of foreign technology importing worth nearly US$73 billion, which accounted
for 36% of the total number since the inception of reform and opening up policy. The imported technologies have played a key role
in upgrading the industrial technologies, strengthening the innovating ability of domestic enterprises and accelerating the economic
and social development.

2.

Currently, the international economic pattern is undergoing profound changes: economic globalization has been gaining momentum, economic
restructuring accelerating, technological innovation making more and more contributions to the economic growth and science and technology
have become the focal points of the competition of overall national strength. New trends have appeared in international technology
transfer: multinational corporations, as the main body in international technology transfer, are exerting a more and more profound
influence on it while the small-and-medium-sized enterprises have also been more active; transfer of advanced technology has increased;
and intellectual property has become an effective measure of promoting technology trade and competition. All these have placed increased
demands on the capabilities in technology absorbing and innovating of domestic enterprises.

II.

The Guidelines, General Objectives and Fundamental Principles of Technology Importing and Innovation

3.

Guidelines: to fully carry out the scientific outlook on development, further promote the implementation of the strategy of Revitalizing
Trade through Science and Technology, and, in accordance with the requirements of the Fifth Plenary Session of the Sixteenth Central
Committee of the Party, to support and encourage the import of advanced technologies, enhance the capabilities in imported technology
absorbing and re-innovating, promote the progress of China’s industrial technology, improve the capacity for independent innovation
and core competitiveness of domestic enterprises and accelerate the changes in the pattern of trade growth, for the final purpose
of achieving a early historic leap from “a country with large trade volume” to “a trading power”.

4.

General Objectives: to optimize the technology importing structure and improve its quality and efficiency, for the purpose of raising
the proportion of the contracts of proprietary and patented technologies to about 50% of the total by 2010, increasing the counterpart
funds for the imported technologies absorption, establishing a technology importing and innovation promoting system which has enterprises
as the main body and is oriented towards the market, steered and promoted by the government and supported by the scientific forces
of all parties concerned, and achieving a benign cycle in this regard, i.e. “importing the technologies – absorbing them – re-innovating
and developing of new technologies – improving the international competitiveness.

5.

Fundamental Principles: firstly, to combine the import of advanced technologies and the optimization of importing structure and raise
the proportion of proprietary and patented technologies in product designing and manufacturing process; secondly, to combine the
technology importing and developing and innovating, enhance the effective connection of technology importing and absorbing, and emphasizing
the absorption and re-innovation of imported technologies in order that domestic enterprises will have more independent intellectual
property rights in core products and technologies; thirdly, to combine the development of new and high-tech industries and reformation
of traditional industries, select some key areas and industries and enlarge the scale of their import and have the traditional industries
restructured and upgraded; fourthly, to combine the general promoting and emphasis laying and cultivate a batch of key enterprises
of technology importing, absorbing and re-innovating; fifthly, to combine raising the quality of imported foreign funds and propelling
the development of domestic industries, encourage foreign investment in new and high-tech industries and their accessory industries,
extend the industrial chain and help and support the development of export-oriented enterprises.

III.

Accelerate the Establishment of Technology Importing and Innovation Promoting System of Domestic Enterprises

6.

In line with the orientation and requirements of China’s industrial development, provide special assistance for enterprises in importing
technologies with market potential and possible advantages in future competitions or with great significance to national well-being
and the people’s livelihood, such as those in biology, civil aerospace industry, machine building, petrochemical industry, clean
power generation, new materials, energy saving and environmental protection.

7.

Be committed to multilateral technological cooperation. Break the technological monopoly of developed countries and promote the import
of new and high technologies through strengthening exchanges and cooperation between governments, NGOs and enterprises; adopt various
forms of cooperation such as joint research, collaborated tasks and matched communication and enlarge the scope of cooperation; to
have more countries as the source of imported technologies and import technologies at various level to suit the technological needs
of domestic enterprises; make the multilateral cooperation mechanism an intermediary of research and development and technological
cooperation between enterprises and scientific institutions on both sides.

8.

Establish and improve the public information system for international trade in technologies. Assist domestic enterprises in obtaining
information on international technology market through information collecting, policy consulting, technological resources and demands
releasing.

9.

Advance the administration and protection of intellectual property rights of domestic enterprises: support and encourage them to apply
for domestic and overseas patents for re-innovated technologies; provide them with information on patent and legal service on intellectual
property, assist them in utilizing professional measures such as patent searching, analyzing and applying, protect the intellectual
property rights and improve the ability and level of applying rules concerning intellectual property.

10.

Support qualified enterprises in going global. Make full use of foreign scientific and technological resources by establishing overseas
research and development institutions, keep track of world advanced technologies and constantly improve the technology developing
and innovating capabilities of Chinese enterprises.

11.

Continue to encourage transnational corporations to set up research and development institutions in China and raise China’s overall
level in research and development. Encourage cooperation between transnational corporations and China’s research and development
institutions, colleges and universities and enterprises, the industrialization of technological fruits of foreign research and development
institutions in China and the technological transfer of foreign-invested enterprises to state-owned private enterprises.

12.

Encourage and guide domestic enterprises to establish strategic relationship of alliance with transnational corporations or tech-advanced
enterprises in developed countries and to take part in technology R&D activities led by transnational corporations; encourage
domestic enterprises to join in their foreign counterparts in technology research and development and speed up the internationalization
of new and high-tech research and development.

13.

Give full scope to the key role of enterprises in technology importing, absorbing and innovating. Encourage domestic enterprises to
import advanced and applicable technologies independently and conduct joint research and development in technology absorption and
innovation with scientific and technological institutions, colleges and universities, or establish jointly technology developing
institutions; to support large enterprises or enterprise groups to take advantage of current resources for importing, absorbing and
re-innovating the key and common technologies and introducing the technologies to small-and-medium-sized enterprises; on the basis
of the intellectual, information, capital and policy resources of the state-level economic and technological development zones and
state-level new and high-tech industry development zones, guide the enterprises within the zones in importing new and high technologies
and realizing technological innovation.

14.

Cultivate and support a batch of high-quality intermediary institutions which can provide domestic enterprises with such services
as technology information, market research, technology appraisal, patent searching and legal consultation, offset the disadvantages
of domestic enterprises in information and professional personnel, guard against the market risks and promote the communication and
coordination between enterprises.

IV.

Utilize Economic Means Comprehensively to Encourage Technological Importing and Innovating

15.

The state, with the Foreign Trade Development Foundation, supports the expansion of exports through technology importing and innovating.
In accordance with the Administrative Measures of Subsidy Fund for Loans of Technology Renovating and Reforming Projects and Administrative
Measures of Fund for Research and Development of Exporting Products, the state supports enterprises to import advanced technologies,
absorb and re-innovate the imported technologies and conduct technology reformation, research and development for cooperation with
foreign counterparts.

16.

Provide domestic enterprises with necessary financial support for importing advanced technologies and their re-innovating. Policy
banks and commercial banks may grant loans for technology importing, absorbing and re-innovating on the basis of the laws, rules
and policies of the country.

17.

Provide domestic enterprises with necessary financial and foreign exchange support to establish overseas research and development
centre, and give special assistance to the projects of overseas research and development centre which can utilize international advanced
technologies, managerial expertise and professionals.

18.

The competent departments of finance and taxation shall modulate the scope of reduction and exemption of taxes on royalties obtained
by foreign enterprises from transferring technologies to Chinese enterprises and scientific institutions

The competent departments of finance shall improve the taxation policy of imported technologies together with other relevant departments,
and those of customs, determine the dutiable value of separately imported technology in importing, formulate the measures of taxation
and encourage domestic enterprises to import patented and proprietary technologies and managerial expertise, with a view to further
optimizing the quality and structure of technology importing.

19.

Establish and improve the venture capital mechanism and support enterprises and scientific institutions to import the fruits of frontier
sciences by utilizing social capital and having them industrialized, for the purpose that the enterprises may better grasp the latest
foreign technological fruits and core technologies and enhance their capability of independent innovation.

V.

Improve Various Systems of Technology Importing and Re-innovating

20.

Improve the legal and regulation system on technology importing. The relevant departments of the government shall conduct an investigation
and research on the application of current laws, and, on the basis of current situation, revise Regulations of the People’s Republic
of China on Administration of Technology Import and Export and formulate rules for implementation of the aforementioned regulations
so as to guide domestic enterprises to protect their own lawful rights and interests. The relevant departments of the government
shall periodically regulate Catalogue of the People’s Republic of China for Technologies Prohibited or Restricted from Import, restrict
the import of technologies which have been mature enough or have become out of date in China, prohibit or restrict that of technologies
which require large energy consumption and produce much pollution or which have already been eliminated, and restrict the repeated
and blind import.

21.

Establish the exchange and training system of technology importing work. Enhance the information exchange on technology importing
of enterprises, provide more guidance and training for technological trade personnel and cultivate a contingent of professionals
in this regard with both technical specialization and the knowledge on international trade.

22.

Improve the comprehensive statistic system of technology importing. The competent departments of commerce, foreign exchange, customs
and statistics shall strengthen cooperation and establish a full-caliber system of statistic analysis and online administration of
technology importing.

The Ministry of Commerce

The National Development and Reform Commission

The Ministry of Science and Technology

The Ministry of Finance

The General Administration of Customs

The State Administration of Taxation

The State Intellectual Property Office

The State Administration of Foreign Exchange

July 14, 2006



 
The Ministry of Commerce, the National Development and Reform Commission, the Ministry of Science and Technology, the
Ministry of Finance, the General Administration of Customs, the State Administration of Taxation, the State Intellectual Property
Office and the State Administration of Foreign Exchange
2006-07-14

 







PROVISIONS ON MANAGING THE IMPORT AND EXPORT OF PROTEIN ASSIMILATION PREPARATION AND PEPTIDE HORMONE (FOR TRIAL IMPLEMENTATION)

Decree of the State Food and Drug Supervision Administration, the General Administration of Customs and the State General Administration
of Sports

No.25
Provisions on Managing the Import and Export of Protein Assimilation Preparation and Peptide Hormone (For Trial Implementation) have
been passed upon deliberation by the State Food and Drug Supervision Administration, the General Administration of Customs and the
State General Administration of Sports and are hereby promulgated in line with the decree order of the State Food and Drug Supervision
Administration and shall enter into force as of September 1, 2006.

Commissioner of the State Food and Drug Supervision Administration Shao Mingli

Director of the General Administration of Customs Mu Xinsheng

Commissioner of the State General Administration of Sports Liu Peng

July 28, 2006

Provisions on Managing the Import and Export of Protein Assimilation Preparation and Peptide Hormone (For Trial Implementation)

Article 1

Pursuant to the stipulations in the Law of the People’s Republic of China on Administering Pharmaceutical Products, the Customs Law
of People’s Republic of China, the Provisions on Anti-doping and other relevant laws and administrative regulations, these provisions
are hereby formulated to strengthen management of import and export of protein assimilation preparation and peptide hormone.

Article 2

The State shall implement a license control management over the import and export of protein assimilation preparation and peptide
hormone.

Article 3

Dealers engaging in the import of protein assimilation preparation and peptide hormone shall file application with State Food and
Drug Supervision Administration.

Article 4

Dealers engaging in the import of protein assimilation preparation and peptide hormone for medical purpose shall submit materials
as follows:

(1)

Application Form for Drug Import;

(2)

the duplicate of purchasing contract or purchasing order;

(3)

the duplicate of the Drug Import Registration Certificate (or the Pharmaceutical Product Registration Certificate) (original or copy);

(4)

the duplicates of License for Pharmaceutical Trading, Business License for Enterprises as Legal Persons, Certificate of Approval for
Enterprises with Foreign Trade Rights (Registry Form for Foreign Trade Dealers), Certificate of Organization Code of the importers;
pharmaceutical enterprises engaging in import of pharmaceutical raw materials and preparation intermediate (including domestic preparation
for package use) for self-use purpose shall submit duplicates of License for Pharmaceutical Production, Business License for Enterprises
as Legal Persons and Certificate of Organization Code;

(5)

Holders of the Drug Import Registration Certificate (or the Pharmaceutical Product Registration Certificate) who entrust other companies
to export pharmaceuticals shall present entrustment letter of export.

All duplicates mentioned above should be covered with the seal of the importers.

Article 5

For importing protein assimilation preparation and peptide hormone for education, scientific and research purpose, the importers
shall submit materials as follows:

(1)

Application Form for Drug Import;

(2)

the duplicate of purchasing contract or purchasing order;

(3)

the legal qualification certification of the user enterprises, the calculating basis of the pharmaceuticals usage and lawful letter
of guarantee for legal use and management of the pharmaceuticals produced by the user enterprises;

(4)

documents of approval of relevant scientific projects or approval documents of the corresponding administrative department;

(5)

Importers who act as trustees of the end user enterprises shall present the duplicate of commission agreement and duplicates of Business
License for Enterprises as Legal Persons, Certificate of Approval for Enterprises with Foreign Trade Rights (Registry Form for Foreign
Trade Operators) and Certificate of Organization Code of the importers.

All duplicates mentioned above should be covered with the seal of the importers.

Article 6

Besides the materials as prescribed in Items 1, 3 and 5 of Paragraph 1 of Article 5 , domestic enterprises, who apply for the import
of protein assimilation preparation and peptide hormone due to the need of conducting production on commission from enterprises abroad,
shall submit the certification which shows that they have filed with the drug (food) supervision and administration department at
provincial, autonomous regional and municipal level at their respective localities.

All duplicates mentioned above should be covered with the seal of the importers.

Article 7

The State Food and Drug Supervision Administration shall make decision whether to approve import or not within 15 working days as
of the day on which they receive the import application and the relevant materials. Where the application is approved, the State
Food and Drug Supervision Administration shall issue the License of Import for pharmaceuticals. Where the application is disapproved,
the State Food and Drug Supervision Administration shall account for in written form.

Article 8

Upon the strength of the License of Import for pharmaceuticals, the importers shall declare to customs in the ports which are authorized
with the right to import pharmaceuticals. The customs shall examine and handle customs formalities in accordance with the License
of Import for pharmaceuticals. There is no need to fill in the form of import of pharmaceuticals going through customs formalities
when applying for import of protein assimilation preparation and peptide hormone.

Article 9

For importing protein assimilation preparation and peptide hormone (including products available in China for the first time) for
medical purpose, the importers shall fill in the Inspection Form of Drug Import timely after going through the import formalities.
Then with the Drug Import Registration Certificate (or the Pharmaceutical Product Registration Certificate) (original or copy) and
the License of Import for pharmaceuticals (original), the importers shall submit two copies of the following materials to the drug
(food) supervision and administration department of the import port to apply for the Port Inspection Advice of Drug Import:

(1)

duplicates of Drug Import Registration Certificate (Pharmaceutical Product Registration Certificate) (original or copy) and License
of Import for pharmaceuticals;

(2)

duplicates of License for Pharmaceutical Trading or License for Pharmaceutical Production, and Business License for Enterprises as
Legal Persons of the importers;

(3)

the duplicate of certificate of original;

(4)

the duplicate of the purchasing contract;

(5)

duplicates of packing list, bill of lading and freight invoice;

(6)

the duplicate of the quality inspection report produced by the manufacture;

(7)

the instruction, package and label pattern of pharmaceuticals (excluding pharmaceutical raw materials and intermediate);

All duplicates above should be covered with the seal of the importers.

Article 10

The drug (food) supervision and administration department, when receive the Inspection Form of Drug Import and other relevant materials,
shall return the original Drug Import Registration Certificate (or Pharmaceutical Product Registration Certificate) (original or
copy) and License of Import for pharmaceuticals to the importers after examination and issue the Port Inspection Advice of Drug Import
to the port drug inspection institute in charge of the inspection the day on which they receive the materials and attach the materials
as prescribed in Article 9 of these Provisions.

Port drug inspection institute shall contact with the importers to draw samples in the storage spot within 2 working days since they
receive the Port Inspection Advice of Drug Import. Then they shall mark “sampled” on the back of the first page of the Drug Import
Check and Examination of Port and cover the seal of the inspection institute.

Article 11

The import of protein assimilation preparation and peptide hormone for teaching and research purposes and for meeting the need of
production of domestic enterprises entrusted by foreign enterprises is exempted from inspection.

Article 12

Port drug (food) supervision and management departments shall report to the State Food and Drug Supervision Administration under
any of the following conditions:

(1)

Port drug (food) supervision and management department refuses to issue the Port Inspection Advice of Drug Import in accordance with
stipulations in Article 17 of the Provisions on Management of Drug Import (Decree No.4of the State Food and Drug Supervision Administration
and General Administration of Customs)

(2)

Port drug inspection institutes refuses to draw samples in accordance with the stipulations in Article 25 of the Provisions on Management
of Drug Import.

Port drug (food) supervision and management department shall take other mandatory administrative measures of detaining and sealing
up towards the imported pharmaceuticals that conform to the stipulations in the previous article. They shall make decisions of approval
of return within 7 days since the pharmaceuticals are detained and sealed up and inform the importers to handle the License of Import
pharmaceuticals according to procedures of exporting protein assimilation preparation and peptide hormone as stipulated in these
Provisions and sent all the imported pharmaceuticals back to the exporting country.

Port drug (food) supervision and administration department is authorized to destroy the detained and sealed up pharmaceuticals under
the condition that importers fail to response or express the wish of returning the pharmaceuticals to the exporting country in a
clear and definite way.

Article 13

Under the condition that the imported protein assimilation preparation and peptide hormone are proved to fail to reach the quality
standard by the port drug (food) supervision and administration department after inspection, the importers shall report all detailed
information about the circulation and use of all imported pharmaceuticals to the port drug (food) supervision and administration
department within 2 days since they receive the Port Inspection Advice of Drug Import.

Port drug (food) supervision and administration department shall take mandatory administrative measures of detaining and sealing up
all pharmaceuticals immediately when receive the Port Inspection Advice of Drug Import and decide whether or not file a suit within
7 days.

Under the condition that importers fail to propose a reconsideration or the pharmaceuticals still do not reach the standard upon reconsideration,
the port drug (food) supervision and management departments shall make decision to approve of the return of the pharmaceuticals and
inform the importers to obtain the License of Import for pharmaceuticals according to procedures for importing protein assimilation
preparation and peptide hormone as stipulated by these Provisions and sent back all the imported pharmaceuticals to the original
exporting countries. The port drug (food) supervision and administration department shall destroy all the imported pharmaceuticals
under the condition that the importers fail to respond or express the wish of returning the pharmaceuticals in a clear and definite
way within 10 days since the decision of approval of returning is made.

As for pharmaceuticals that reach the standard upon the reconsideration, the port drug (food) supervision and administration department
shall remove the mandatory administrative measures of detaining and sealing up.

Port drug (food) supervision and administration department shall, in line with the stipulations in Items 2, 3 and 4 of this article,
immediately report to the State Food and Drug Supervision Administration. In the meantime, drug (food) supervision and administration
departments at the provincial, autonomous regional and municipal levels as well as other port drug (food) supervision and administration
departments shall also be informed.

Article 14

When domestic pharmaceutical production enterprises, pharmaceutical trading enterprise and medical organizations purchase imported
protein assimilate n preparation and peptide hormone, the suppliers shall provide the purchasers with the duplicate of the Drug Import
Registration Certificate (or the Pharmaceutical Product Registration Certificate), the duplicate of License of Import for pharmaceuticals
and the duplicate of the Port Inspection Advice of Drug Import and cover the seal of the suppliers on all these materials.

Article 15

For exporting protein assimilation preparation and peptide hormone, the exporters shall file application to the local drug (food)
supervision and administration department at levels of provinces, autonomous regions and municipals directly under the central government
and submit materials as follows:

(1)

Application Form of Drug Export;

(2)

the license of import original (or the duplicate and notarial certification) produced by the drug administrative department of the
importing countries or regions;

As regards countries and regions which do not adopt the licensing system in the import of protein assimilation preparation and peptide
hormone, the exporters shall present certification (original) which proves that the import of pharmaceuticals of this type is exempted
from license as well as one of the following document:

a. the certification (or the duplicate and notarial certification) which shows the approval of import of pharmaceuticals of this type
produced by the drug administrative department of the importing countries or regions;

b. the legal qualification certification original and legal certificate original of the usage of the pharmaceuticals (or the duplicate
and notarial certification);

(3)

the duplicate of purchasing contract or order(excluding enterprises which export their own products);

(4)

the duplicate of export contract or order;

(5)

As regards the pharmaceuticals which are approved of being produced by domestic pharmaceutical enterprises, exporters must provide
the duplicate of License for Pharmaceutical Production, Business License for Enterprises as Legal Persons and certification of the
approval the pharmaceuticals; as regards the export of pharmaceuticals which are produced by domestic enterprises upon entrustment
by foreign enterprises, exporters must submit the duplicate of certification which shows that they have filed the record to the drug
supervision and administration department at the provincial autonomous regional and municipal level at their respective regions;

(6)

duplicates of Business License for Enterprises as Legal Persons, Certificate of Approval for Enterprises with Foreign Trade Rights
(Registry Form for Foreign Trade Dealers), Certificate of Organization Code of the exporters;

All duplicates above should be covered with the seal of the exporters.

Article 16

As regards the return of the imported pharmaceuticals in line with the Article 12 and Article 13 of these Provisions, importers
shall submit materials as follows when applying for License of Import for pharmaceuticals:

(1)

the certification of application for the return of the pharmaceutical produced by the original exporters of the exporting country;

(2)

License of Import pharmaceuticals.

Article 17

The drug supervision and administration departments at the provincial autonomous regional and municipal level shall make decisions
on whether to approve export or not with 15 working days since they receive the application for export and the relevant materials.
Where the application is approved, they shall issue License of Export for pharmaceuticals. Where the application is disapproved,
the drug supervision administrative departments shall inform the exporters in writing and account for the disapproval.

As regards the application for License of Export for pharmaceuticals in line with the stipulations in Article16 of these Provisions,
the license issuing department shall mark “commodities returned” on the License of Export for pharmaceuticals

Article 18

In line with License of Export for pharmaceuticals issued by the drug supervision and administration department at the provincial,
autonomous regional and municipal level, the exporters shall declare to customs and submit export. The customs shall go through customs
formalities, examination and clearance based on the License of Export for pharmaceuticals.

Article 19

The importers and exporters shall submit one more custom declaration and apply to customs to sign it off when going through the formalities.
The customs, in accordance with the License of Export for pharmaceuticals and License of Import for pharmaceuticals, shall cover
the seal of “checked off” on this custom declaration and return it to the importers and exporters. The customs shall charge a certain
amount of production cost.

Within 1 month since the import and export is implemented, the importers and exporters shall return the first page of the License
of Export and License of Import for pharmaceuticals and the customs declaration with the seal covered by the customs to the license
issuing department.

As regards the enterprises that obtain the license of import and export but do not engage in foreign trade, the license shall be returned
to the license issuing department within 1 month since the license reaches its validity

Article 20

Validity period of License of Import is one year; validity period of License of Export for pharmaceuticals does not exceed 3 months
(validity period may not go beyond the same year)

License of Export and License of Import for pharmaceuticals are one-off licenses which can be used only once within the validity period.
The contents of the licenses may not be altered. The importers and exporters with License of Export and License of Import originals
are permitted to apply for license alternation once under the condition that a postponement of import and export is unavoidable.

Article 21

For the loss of License of Export and License of Import for pharmaceuticals, the importers and exporters shall report the loss immediately
to the license issuing department. The license issuing department shall inform the customs and reissue the licenses under the condition
that no harmful consequence occurs.

Article 22

License of Export for pharmaceuticals and License of Import for pharmaceuticals shall be uniformly printed by the State Food and
Drug Supervision Administration.

Article 23

For the import and export of protein assimilation preparation and peptide hormone in the form of processing trade, customs shall,
in line with License of Export for pharmaceuticals and License of Import for pharmaceuticals, implement inspection and clearance
of the pharmaceuticals and carry out supervision. Where the export of pharmaceuticals might not be conducted due to special reasons,
the customs shall hand over the pharmaceuticals to the drug (food) supervision and administration department at the locality of the
pharmaceuticals and handle write-off formalities in light of relevant certification materials.

Article 24

As regards the import and export of protein assimilation preparation and peptide hormone between the bounded zones, export processing
zones, other special areas supervised by the customs, bounded supervision areas and the special areas supervised by the customs,
bounded supervision areas abroad under the supervision of the customs, License of Export for pharmaceuticals and License of Import
for pharmaceuticals shall be exempted and the customs’ supervision shall be conducted.

The protein assimilation preparation and peptide hormone’s entry into the outside areas in China from the bounded zones, export processing
zones, other special areas supervised by the customs and bounded supervision areas should apply for License of Import for pharmaceuticals.

The protein assimilation preparation and peptide hormone’s entry into the bounded zones, export processing zones, other special areas
supervised by the customs and bounded supervision areas from outside areas in China should apply for License of Export for pharmaceuticals.

Article 25

The customs shall, in accordance with the relevant regulations on the prescriptions issued by health care authorities and the prescriptions
of health care organization, inspect and clear on the protein assimilation preparation and peptide hormone which are carried or delivered
by post for the individual medical self-use purpose within a reasonable amount limit.

Article 26

Unless it is otherwise provided in these Provisions, the import, port inspection and supervision on the protein assimilation preparation
and peptide hormone for medical purpose shall refer to the relevant stipulations on import of pharmaceuticals in the Provisions of
Management on Drug Import.

Article 27

The protein assimilation preparation and peptide hormone imported for medical purpose in these Provisions refer to the protein assimilation
preparation and peptide hormone that are proposed to be used as production preparation or be sold in the market within China.

Importers refer to those importers that are marked on the License of Import for Pharmaceuticals obtain in line with these Provisions.

Exporters those exporters that are marked on the License of Export for Pharmaceuticals obtain in line with these Provisions.

Article 28

These Provisions shall enter into force as of September 1, 2006. Announcement on the Management of Import and Export of Protein Assimilation
Preparation and Peptide Hormone (Guo Shi Yao Jian An [2004] No.474) promulgated by the State Food and Drug Supervision Administration
on September 30, 2004 shall be concurrently repealed.



 
The State Food and Drug Supervision Administration, The General Administration of Customs, The State General Administration
of Sports
2006-07-28

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING THE LEVY OF STAMP TAX ON AMWAY (CHINA) CO., LTD.

Circular of the State Administration of Taxation concerning the Levy of Stamp Tax on Amway (China) Co., Ltd.

Guo Shui Han [2006] No. 749

The local taxation bureaus in each province, autonomous region, municipality directly under the Central Government and city specifically
under separate state planning:

Whereas the policy implementations of different places on the levy of stamp tax on Amway (China) Co., Ltd (hereinafter referred to
as “Amway Corporation”) are inconsistent with each other, we hereby define the relevant matters on the levy of stamp tax on Amway
Company as follows according to the Interim Regulations of the People’s Republic of China on Stamp Tax and the detailed rules for
implementation thereof:

1.

Since no marketing business happens in the supply chain of transfer products from the production base (Guangzhou Headquarter) of
Amway Corporation to its boutique shops, the stamp tax shall be exempted.

2.

For the sales forms that the distributors of Amway Corporation purchase products from the company and then sell to customers, as
the distributors make unique purchase of the products of Amway Corporation and then sell to customers by themselves, and they invoice
directly to customers, there forms a marketing relationship between Amway Corporation and the distributors. Amway Corporation and
its distributors shall, according to the purchase and sales contract concluded between Amway Corporation and the distributor or contractual
nature of the documents with contractual nature, calculate and pay the stamp tax at the localities of boutique shops and the distributors.

3.

The distributors and sales agents to provide distribution services on behalf of Amway Corporation, because there only exists a relationship
of agency service not a relationship of marketing between Amway Corporation on one hand and its distributors and sales agents on
the other hand, the stamp tax shall not be levied according to any purchase and sales contract.

4.

As all the monopoly shops specializing in directly selling products to customers, it is unnecessary to sign any purchase and sales
contract, and no taxable act of stamp tax happens, so the stamp tax shall not be levied in light of the amount of purchase and sales
or regarding the transaction documents as a purchase and sales contract.

State Administration of Taxation

August 7, 2006



 
State Administration of Taxation
2006-08-07

 







MEASURES FOR THE ADMINISTRATION ON WORK SAFETY OF COMPLETE FOREIGN AID PROJECTS (FOR TRIAL IMPLEMENTATION)






Decree of the Ministry of Commerce of the People’s Republic of China

No. 15

The Measures for the Administration on Work Safety of Complete Foreign Aid Projects (For Trial Implementation) have been adopted upon
deliberation at the 5th executive meeting of the Ministry of Commerce of the People’s Republic of China on May 17, 2006. They are
hereby promulgated and shall enter into force as of October 1, 2006.
Minister of the Ministry of Commerce: Bo Xilai

August 16, 2006

Measures for the Administration on Work Safety of Complete Foreign Aid Projects (For Trial Implementation)
Chapter I General Rules

Article 1

For the purpose of strengthening the administration on work safety of complete foreign aid projects and safeguarding the life safety
of technicians and related persons for foreign aid projects and the property safety of foreign aid projects, the present Measures
are constituted under the related laws and administrative regulations.

Article 2

The supervision over and administration on work safety during the survey, design, construction and supervision of complete foreign
aid projects shall be subject to the present Measures.

The term “complete foreign aid projects (hereinafter referred to as foreign aid projects)” as mentioned in the present Measures refers
to the various kinds of projects under which the government of our country provides gratuitous assistance, interest-free loans, low-interest
loans or any other financial assistance funds to the government of the aid recipient, chooses the undertaking enterprises for survey
and design, provides construction machines, equipments and materials, assigns engineering technical staff, and undertakes or guides
the whole process or some stages of construction, installation or trial production within the territory of the recipient.

Article 3

The administration on work safety of foreign aid projects shall be subject to the policies of “safety first and precaution as the
key”.

Article 4

The Ministry of Commerce shall be responsible for constituting rules for the work safety of foreign aid projects and supervising
over the implementation of the aforesaid rules.

Article 5

Survey and design enterprises, design supervision enterprises, construction enterprises and construction supervision enterprises
which undertake the foreign aid projects (hereinafter referred to as the enterprises undertaking foreign aid projects), shall observe
all the provisions in the present Measures and the local laws and regulations on work safety constituted by the related aid recipient,
ensure the safety of foreign aid projects, bear the safety liability for foreign aid projects, and may not contract out or illegally
subcontract foreign aid projects.

If the subcontracting of a project is approved by the Ministry of Commerce, the enterprise undertaking the foreign aid project and
the subcontracting enterprise shall bear joint and several liabilities for the work safety of the subcontracted project.

Chapter II Safety Responsibilities of a Survey and Design Enterprise

Article 6

Survey and design enterprises of foreign aid projects shall, in accordance with laws, administrative regulations and compulsory standards
of the State on the survey of projects, survey the foreign aid projects. And the project survey documents they provide shall be true
and accurate, and shall meet the requirements for the work safety of foreign aid projects.

The survey and design enterprise of a foreign aid project shall, when it conducts a survey, strictly accord with the operational rules
for the survey, and take measures to ensure the safety of various pipelines, facilities and surrounding buildings and structures.

Article 7

When designing a foreign aid project, the survey and design enterprise of a foreign aid project shall undertake the project design
under the stipulations in the project establishment agreement, project survey documents and the design contract for the foreign aid
project signed between the governments. Unless it is otherwise specially stipulated with the aid recipient, the survey and design
enterprise of a foreign aid project shall strictly accord with the laws, administrative regulations, design rules and compulsory
standards of the State on engineering construction projects to avoid the occurrence of work safety accidents by virtue of unreasonable
design.

As regards a hidden project, main structure or any other key part of a significant foreign aid project or the structural design scheme
for a special foreign aid project, the survey and design enterprise of the foreign aid project shall conduct a model safety test.

As regards the maintenance, rebuilding or expanding (including the dismantlement) of a project, the survey and design enterprise of
the foreign aid project shall make out appraisal documents on the structural safety of the original building or structure.

If a new technology, new technique or new material is adopted for the deign of a foreign aid project, the survey and design enterprise
of the foreign aid project shall ensure the reliability and safety of the technology, technique or material involved, and bring forward
suggestions on the measures for safeguarding the safety of construction workers and defending the occurrence of work safety accidents
in the design.

Article 8

The survey and design enterprise of a foreign aid project must constitute a special safety chapter in the preliminary deign or the
design instruction of the construction drawings for the foreign aid project.

The following items shall be included in the special safety chapter:

(1)

the safety protection measures for the constructions, structures, underground pipelines and facilities adjacent to the construction
site;

(2)

the protection articles and appliances, construction machine and tools, fire control facilities and equipments necessary for safe
construction, and the necessary specific technical requirements; and

(3)

the safety technical measures for the part of project or the sub-project that is fairly dangerous or the part or link of construction
site at which a work safety accident is likely to occur.

Chapter III Safety Responsibilities of a Design Supervision Enterprise

Article 9

In accordance with the laws, administrative regulations and compulsory standards of the State on the supervision over projects, the
design supervision enterprise of a foreign aid project and the supervisors it assigns shall examine the project survey documents
submitted by the survey and design enterprise of the foreign aid project, and affirm whether they can satisfy the requirements for
work safety of the foreign aid project.

The project survey documents, which have not been examined or are found to be unqualified upon examination, may not be the basis for
the design of the foreign aid project.

Article 10

In accordance with the laws, administrative regulations, design rules and compulsory standards of the State on the engineering construction
projects, the design supervision enterprise of a foreign aid project and the supervisors it assigns shall strictly control the safety
guarantee degree and design quality of the design documents on the foreign aid project through step-by-step design inspection and
process supervision.

Article 11

The design supervision enterprise of a foreign aid project and the supervisors it assigns shall, during the process of step-by-step
design inspection, undertake special safety inspection on the design documents for the foreign aid project.

The following items shall be included in the special safety inspection:

(1)

examining the safety of structure design: if a model safety test has been conducted, it is necessary to examine and affirm the safety
test result; if the structure design scheme is not reliable or the model safety test has not been conducted according to the provisions,
it is necessary to supplement the model safety test and to examine and affirm the safety test result; and as regards the maintenance,
rebuilding or expanding (including the dismantlement) of a project, it is necessary to go through the inspection and affirmation
procedure for structure safety appraisal documents on the original building or structure;

(2)

examining whether or not all the professional design contents comply with the compulsory standards for engineering construction project;
and

(3)

examining the reliability and effectiveness of the safety technical measures for the part of project or the sub-project that is fairly
dangerous.

Article 12

As regards a foreign aid project for which such two design stages as the preliminary design and the project drawing design are implemented,
the design supervision enterprise of the foreign aid project shall undertake a special safety inspection at the inspection stage
for preliminary design. And if the preliminary design fails to pass the special safety inspection or is found to be unqualified upon
special safety inspection, the project drawing design may not be started.

The design supervision enterprise of the foreign aid project shall, after the project drawing design is completed, undertake a corresponding
review of the special safety inspection contents at the stage for reviewing the project drawing. Any project drawing design document
that fails to be reviewed or is found unqualified upon review may not be used for the construction of the foreign aid project.

Article 13

As regards a foreign aid project for which the one-step project drawing design is implemented, the design supervision enterprise
of the foreign aid project shall conduct a special safety inspection after the project drawing design is finished. Any project drawing
design document that fails to be submitted for a special safety inspection or is found unqualified upon special safety inspection
may not be used for the construction of the foreign aid project.

Article 14

As regards a foreign aid project for which the design supervision system has not been implemented, the consultancy enterprise entrusted
to undertake the step-by-step survey and design consultancy task shall conduct the special safety inspection into the survey and
design documents on the foreign aid project by referring to the present Chapter, and bear the safety responsibilities in accordance
with the present Measures.

Chapter IV Safety Responsibilities of a Construction Enterprise

Article 15

If an enterprise has obtained the qualification of a foreign aid construction enterprise through verification of the Ministry of
Commerce in accordance with the measures for the verification of qualifications of the enterprises undertaking the construction task
for complete foreign aid projects, it shall undertake the construction task of foreign aid projects within the licensing scope of
its qualification degree, be equipped with necessary professional technical staff and technical equipments, constitute the bylaws
and operational rules on work safety, organize education and training on work safety and ensure the work safety of foreign aid projects.

Article 16

The construction enterprise of a foreign aid project shall establish a work safety responsibility system, and its legal representative
shall be comprehensively responsible for the work safety of the foreign aid project.

The construction technical group leader assigned by the construction enterprise of a foreign aid project shall have the corresponding
qualification of a project manger, and take charge of the safe construction at the construction site of the foreign aid project.

Article 17

The construction enterprise of a foreign aid project shall establish a work safety management organ in the construction technical
group, establish a work safety leading group with the construction technical group leader as the leader of the group, constitute
bylaws and operation rules on work safety and the emergency tackling scheme for safety accidents, and shall be comprehensively responsible
for the safe construction at the construction site.

Article 18

At least one safety director shall be equipped in a construction technical group. In case a construction technical group has 15 or
less members, it may have a part-time safety director; and in case a construction technical group has more than 15 members, it must
have a full-time safety director.

A safety director shall assume the following functions and duties:

(1)

supervising over the implementation of bylaws and operation rules on work safety;

(2)

organizing the implementation of emergency rescuing schemes on work safety accidents;

(3)

organizing the education and training on work safety;

(4)

managing and guiding the use of safety protection tools;

(5)

setting and managing safety warning signs and fire control safety signs at the construction site; and

(6)

conducting regular and special safety inspections. In case he finds any act against the bylaws or operation rules on work safety,
he shall deter or correct it on the spot, and immediately report it to the construction technical group leader, take related rectification
measures, and simultaneously do a good job in making records of the safety inspection.

A safety director shall, before he takes his post, accept special trainings on the administrative rules for foreign aid and the standards
for implementing the national professional health and safety management system.

Article 19

Under the guidance of the construction organization and design for the foreign aid project, the construction enterprise of a foreign
aid project shall undertake construction strictly according to the laws and administrative regulations of the State on the engineering
construction projects, the rules and the compulsory standards for construction inspection and acceptance.

Article 20

The construction enterprise of a foreign aid project and its construction technical group shall, in light of the characteristics
of the project, constitute a temporary electricity-using scheme for the construction site during the construction organization and
design; as regards the following part of project or sub-project that is fairly dangerous or the part or link at which a work safety
accident is likely to occur, a special safe construction schedule shall be constituted before the construction and be attached with
the safety assessment result. and the construction enterprise of the foreign aid project shall organize experts to make demonstration
and inspection when necessary:

(1)

pit support and dewatering engineering;

(2)

earth excavation engineering;

(3)

formwork engineering;

(4)

hoisting engineering;

(5)

scaffolding engineering;

(6)

dismantling and blasting engineering; and

(7)

any other special engineering that is fairly dangerous.

The aforesaid temporary electricity-using scheme and special safe construction scheme shall be examined by the construction technical
group leader and then be reported to the construction supervisors for examination and approval. Any temporary electricity-using scheme
or special safe construction scheme that has not been examined and approved may not be used for the construction of the foreign aid
project.

Article 21

Before the construction, the construction enterprise of a foreign aid project and its construction technical group shall organize
the transfer of safe construction technological details, explicitly explain the technical requirements for safe construction to the
operation staff, and initiatively well record the transfer of technological details; as regards the part of project or sub-project
that is fairly dangerous or the part or link at which a work safety accident is likely to occur, the construction enterprise of a
foreign aid project and its construction technical group shall transfer the safe construction technological details together with
the design representatives and construction supervisors, and jointly record the related matters into the summary on transfer of technological
details.

Article 22

The construction enterprise of a foreign aid project and its construction technical group shall establish a qualification management
system for special operators. The construction enterprise and its construction technical group shall strictly examine the special
qualification certificates of the special operators that engage in the operation of vertical transportation machines, installation
and dismantlement, blasting, hoisting informing and high-rise frameworks and etc., and establish management archrivals for corresponding
special operators.

A special operator may not take on his post for operations until the construction supervisor verifies his technical qualification.

Article 23

The construction enterprise of a foreign aid project and its construction technical group shall establish the following special management
system for special equipments such as vertical transportation machines, hoisting machines and self-erecting facilities:

(1)

before purchasing or leasing any special equipment, an inspection and testing institution with the corresponding qualification shall
be entrusted to make safety inspection or testing and issue an inspection and testing conformity certificate, which shall be submitted
to the construction supervisors for inspection and reference when the special equipment enters into the construction site;

(2)

the special equipment may not, after it has been installed and debugged, be used until it is inspected and accepted and is found to
be qualified by the construction supervisors, and a conformity sign upon inspection and acceptance shall be placed at or attached
to an eye-catching site of the aforesaid equipment;

(3)

the special equipment shall be managed by special persons, be regularly inspected and maintained, and a maintenance managing archive
shall be established therefor during the process of construction;

(4)

if the special equipment needs to be used continuously after the conformity period upon inspection and acceptance expires, the records
of operation and maintenance of the aforesaid equipment shall be provided to the construction supervisors for applying for a supplementary
inspection and acceptance. And the aforesaid equipment may not be continuously used until it is found to be qualified upon the supplementary
inspection and acceptance by the construction supervisors.

Article 24

The construction enterprise of a foreign aid project and its construction technical group shall take the following safety protection
measures for the operational staff at the construction site:

(1)

constituting and implementing the operation rules for dangerous posts;

(2)

conducting regular education and training on work safety to the operation staff at the construction site;

(3)

purchasing, leasing and using the safety protection appliances and articles, construction machines and tools that are produced by
a qualified manufacturer and have product conformity certificates, in light of the compulsory standards of the State and the special
requirements of project design documents, and conducting necessary inspections before putting the aforesaid safety protecting appliances
into use at the construction site;

(4)

arranging special persons for the management of safety protection appliances, and establishing a ledger for the distribution of safety
protection appliances;

(5)

setting up an inspection and maintenance responsibility system for construction machines and tools, and arranging special persons-in-charge;
and

(6)

setting eye-catching safety warning signs at the entrances and exits of the construction site and at the sites for placing construction
cranes, interim electricity-using facilities, scaffolding, explosives, harmful and dangerous gas and other dangerous sites. The safety
warning signs shall be written both in Chinese and in the official language of the recipient, and accord with the standards of China
and the recipient unless it is otherwise specially stipulated with the aid recipient.

Article 25

The construction enterprise of a foreign aid project and its construction technical group shall set up a fire control responsibility
system for the construction site, determine the person-in-charge of fire control, and constitute the fire control management rules
and operation rules for using the fire, electricity and flammable and explosive materials. The construction enterprise of a foreign
aid project and its construction technical group shall build channels and water sources for fire control, have fire control facilities
and extinguishing apparatus the operation area at the construction site, offices and living areas, and establish fire control safety
signs at the entrances to all the areas. The fire control safety signs shall be written both in Chinese and the official language
of the recipient, and accord with the standards of China and the recipient unless it is otherwise specially stipulated with the aid
recipient,.

The construction enterprise of a foreign aid project and its construction technical group shall undertake regular and specific fire
control inspections, and well record the fire control inspections.

Article 26

The construction enterprise of a foreign aid project and its construction technical group shall rationally choose the site and establish
temporary production and living facilities in light of the safety requirements. The offices, living area and operation area at the
construction site shall be established separately and keep a safe distance from each other. It shall be strictly forbidden to establish
any collective staff dormitories within the building that has not been completed; the places for the operation staff to have meals,
drink water and have a rest shall accord with the health standards; and the fabricated movable houses used at the construction site
shall have product conformity certificates.

Article 27

During the construction and management of the foreign aid project, the construction enterprise of a foreign aid project and its construction
technical group shall strictly accord with the national professional health safety management system and standards, constitute and
implement the professional health safety guarantee scheme, continuously adopt the identification, risk assessment and risk control
measures for the sources of safety dangers to the professional health, and voluntarily be subject to the monitoring, step-by-step
inspection and supervision by the Ministry of Commerce over its implementation of the standards.

Chapter V Safety Responsibilities of a Construction Supervision Enterprise

Article 28

The construction supervision enterprise of a foreign aid project shall accord with the laws, administrative regulations and compulsory
standards of the State on the related engineering construction projects, fulfill the construction supervisory duties, and supervise
over the construction enterprise of the foreign aid project to intensify the work safety management, put into effect the work safety
measures and regulate the work safety order.

If the construction supervision enterprise of a foreign aid project finds any hidden trouble of safety accident during the process
of construction supervision, it shall require the construction enterprise of the foreign aid project to make corrections; it shall
order the construction enterprise of the foreign aid project to suspend the construction and report it to the Ministry of Commerce
in a timely manner in case the circumstances are serious. If the construction enterprise of the foreign aid project refuses to make
corrections or suspend the construction, the construction supervision enterprise shall report it to the Ministry of Commerce in a
timely manner.

Article 29

The construction supervision enterprise of a foreign aid project shall constitute and carry out the Construction Supervision Outline
in light of the project design documents and the rules for construction inspection and acceptance.

A special charter on the safety supervision plan for the foreign aid project shall be made in the Construction Supervision Outline,
so that the safety prevention and monitoring measures may be constituted in advance for the part of project or sub-project that is
fairly dangerous or the part or link at which a work safety accident is likely to occur.

Article 30

In accordance with the prescribed procedures, the construction supervision enterprise of a foreign aid project and the construction
supervisors it assigns shall supervise over the construction enterprise of the foreign aid project to constitute, amend, report for
approval and carry out all the bylaws constituted by the construction organization, and strictly examine the interim electricity-using
scheme and special safe construction scheme as submitted by the construction enterprise of the foreign aid project.

Article 31

The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall strictly observe
the rules for construction supervision, conduct standby supervision over the part of project or sub-project that is fairly dangerous
or the part or link at which a work safety accident is likely to occur, find hidden troubles of safety and guide to make corrections
in a timely manner.

Article 32

The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall strictly examine
the qualification certificates of special operation staff for engaging in the mechanical vertical transportation, installation and
dismantlement, blasting, hoisting signaling, high-rise frameworks and etc., and supervise over the construction enterprise to carry
out the qualification management system for special operation staff.

Article 33

The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall examine the inspection
and testing conformity certificates of such special equipments as vertical transportation machines, hoisting machines and self-erecting
facilities and etc., be responsible for the inspection and acceptance before putting them into use, and supervise over the construction
enterprise to carry out the management system for special equipments.

Article 34

The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall regularly conduct
special inspections on the safety protection measures and fire control safety measures for the construction site, and well make records
of inspections.

Chapter VI Personal Accident Injury Insurance

Article 35

In accordance with the related provisions, the construction enterprise of a foreign aid project shall purchase the personal accident
injury insurance for those Chinese it assigns abroad to undertake the construction of foreign aid projects. And the fees necessary
for the aforesaid insurances shall be borne by the construction enterprise of the related foreign aid project.

Article 36

The construction enterprise of a foreign aid project shall purchase personal accident injury insurance for the engineering technical
personnel of the aid recipient it hires for entering into the construction site to engage in dangerous work. The accident injury
insurance liabilities and the insurance conditions shall be determined in accordance with the related laws and regulations of the
recipient, and the fees necessary for the aforesaid insurances shall be borne by the construction enterprise of the related foreign
aid project.

Chapter VII Work Safety Supervision and Inspection

Article 37

An appraisal entity that is entrusted by the Ministry of Commerce and has the corresponding qualification shall, when undertaking
the mid-term quality inspection and completion-based inspection and acceptance, conduct special assessment on the work safety situation
of the foreign aid project.

(1)

where any common work safety accident as prescribed in the present Measures has occurred during the construction of the foreign aid
project, the single engineering involved in the work safety accident may not be appraised as the grade of “excellence”;

(2)

Where two or more work safety accidents have occurred during the construction of the foreign aid project, the completion-based inspection
and acceptance of the foreign aid project may not be appraised as the grade of “excellence”; and

(3)

Where any severe or more severe work safety accident as prescribed in the present Measures has occurred during the construction of
the foreign aid project, the single engineering involved in the work safety accident may not be appraised as the grade of “excellence”,
and the completion-based inspection and acceptance of the foreign aid project may not be appraised as the grade of “excellence”.

Article 38

As regards significant foreign aid projects, the Ministry of Commerce shall assign a supervision and inspection team containing related
experts to supervise and inspect the fulfillment of work safety management responsibilities on the spot by the construction enterprise,
the survey and design enterprise, the construction supervision enterprise and their detached agencies.

As regards important projects and other especially sensitive projects, the Ministry of Commerce may undertake the work safety supervision
and inspection in combination with other inspection teams of the project when necessary.

The supervision and inspection team shall be enpost_titled to take the following measures:

(1)

consulting all the documents and materials on the work safety of the entity being inspected;

(2)

entering the construction site to inspect all the production and living places and facilities;

(3)

correcting all the acts violating the work safety requirements on the spot; and

(4)

ordering the removal of the hidden troubles of safety accidents on the spot, and ordering the construction suspension and temporary
removal of the operation staff before the hidden trouble of safety is removed or the safety can not be ensured during the process
of removal.

Chapter VIII Investigation and Disposal of Work Safety Accidents

Article 39

The work safety accidents of foreign aid projects can be classified into the following 4 grades in light of the conditions on the
death of operation staff and the property loss of the foreign aid project:

(1)

Common work safety accidents, which refers to the death of 2 or less persons, or the property loss of 100,000 Yuan up to 300,000 Yuan;

(2)

Severe work safety accidents, which refers to the death of 3 up to 9 persons, or the property loss of 300,000 Yuan up to one

PROVISIONS OF THE MINISTRY OF COMMERCE ON ANNOUNCING AND QUESTIONING THE BID EVALUATION RESULTS OF FOREIGN-AID PROJECTS

Notice of the Ministry of Commerce on Printing and Distributing the Provisions of the Ministry of Commerce on the Announcing and Questioning
of the Bid Evaluation Results of Foreign-aid Projects (for Trial Implementation)

Shang Yuan Fa [2006] No. 413

The competent departments of commerce of all provinces, autonomous regions and municipalities directly under the Central Government,
all the enterprises that undertake the implementation, exploration and design, construction supervision and counseling of foreign-aid
projects,

For the purpose of strengthening the administrative supervision and administration on bidding for foreign aid projects and effectively
implement the principles of “fairness, impartiality and openness”, the Ministry of Commerce has constituted the Provisions of the
Ministry of Commerce on Announcing and Questioning the Bid Evaluation Results of Foreign-aid Projects (for Trial Implementation),
which is hereby printed and distributed to you and shall go into effect as of September 1, 2006.

The department of this Ministry that uniformly accepts the questions over announced bid evaluation results of foreign aid projects
and the contact ways thereof are as follows,

The accepting department: Foreign Aid Department of the Ministry of Commerce

Address: No. 82 Dong’anmen Street, Beijing

Floor 6th, Dong’anmen Office District, the Ministry of Commerce

Contact Number: 010-85226617, 85226649

Fax: 010-65129350

The Ministry of Commerce of the People’s Republic of China

August 22, 2006

Provisions of the Ministry of Commerce on Announcing and Questioning the Bid Evaluation Results of Foreign-aid Projects

For the purpose of strengthening the administrative supervision and administration on bidding for foreign aid projects, effectively
implementing the principles of “fairness, impartiality, openness and optimum selection” and strengthening the credibility of bid
evaluation results, the Ministry of Commerce has decided to try out the announcing and questioning of bid evaluation results of foreign
aid projects, which goes as follows:

1.

The foreign aid projects, whose implementation entities are selected by way of competitive bidding, shall all be listed into the announcing
scope of bid evaluation results, which concretely includes the construction, exploration and design and the construction supervision
of whole sets of foreign aid projects as well as foreign aid material projects (including single equipment projects).

In case the scope of publicity shall be expanded as required by business development, the Ministry of Commerce shall make supplementary
provisions thereon and publish them.

2.

The bid evaluation result of a foreign aid project shall be announced after the related bid opening is conducted and before a notice
on bid awarding is officially distributed. The period for the announcement shall be 5 workdays in general and may be 3 workdays upon
approval under special circumstances, which shall be clearly indicated in the circular on bid opening by the Ministry of Commerce.

Where there is no question or all questions are settled upon expiration of the period for announcement, the Ministry of Commerce shall
distribute a notice on bid awarding to the bid winner.

3.

The Ministry of Commerce shall announce the following items to the bidding enterprises through the “Exclusive Network for Foreign
Aid Bidding”,

(1)

main contents of the bid evaluation report, including the validation of the effectiveness of bids that have been effectively served,
qualitative judgment, quantified scoring and major reasons for deducting scores.

(2)

result of bid opening;

(3)

contact persons and contact information for consulting the contents of the bid evaluation report, which have been designated for explanation;
and

(4)

how to raise questions and the question accepting organ.

4.

Bidding enterprises shall, within the period of announcement, consult by themselves the published bid evaluation results through the
exclusive bidding network. In case any bidding enterprise has any question about the contents of a bid evaluation report, it may
request the contact person as designated by the Ministry of Commerce to make technical explanations and descriptions at first.

5.

Bidding enterprises, which have any different opinion on any bid evaluation result (hereinafter referred to as the question raiser)
may raise question over the following problems within the period of announcement,

(1)

any law-breaking or rule-breaking act in the bidding procedures;

(2)

any law-breaking or rule-breaking act during the organization of bid evaluation; or

(3)

any law-breaking or rule-breaking act concerning bid evaluation results.

6.

The question raiser shall fill in a Questioning Form of Bid Evaluation Results (see the appendix for details) to raise questions,
which shall be affixed with the seal of its legal representative or the authorized representative thereof and thereafter be served,
with the related certification materials, on the question accepting organ. And then it may be deemed as effective. In case any Questioning
Form of Bid Evaluation Results fails to be served within the period of announcement, the related question raiser shall, within the
period of announcement, serve the Questioning Form of Bidding Evaluation Results and related certification materials in written form
by fax to the question accepting organ, of which the originals shall be made up within 2 workdays thereafter so as to validate the
question.

7.

The question raiser shall guarantee the authenticity and lawfulness of the source of its questioned contents and related certification
materials, and shall assume the related legal liabilities.

Where, upon verification, the question raiser brings forward any false questions, yet if it is not out of any subjective deliberate
intent and no serious consequence has been incurred, the Ministry of Commerce shall give a written criticism and warning to it. In
case any question raiser has any subjective deliberate intent to make any false question or where any false question has any negative
impact on or incurs economic losses to the normal implementation of a project subject to bidding, the Ministry of Commerce shall,
depending on circumstances, stop inviting the enterprises to join the bidding of the foreign aid project within 1-2 years.

8.

The Ministry of Commerce (to be specific, Foreign Trade Department) shall uniformly be responsible for accepting the questions posed
by question raisers concerning the announced bid evaluation results of foreign aid projects and opening the exclusive telephone and
fax.

9.

Questions may not be accepted under any of the following circumstances:

(1)

where it fails to be effectively served in accordance with these provisions;

(2)

where it is brought forward by a non-bidder;

(3)

where no legal seal is affixed to the Questioning Form of Bid Evaluation Results as well as the related letters;

(4)

where there is no clear content, clue or related evidence; or

(5)

where any different opinion is raised merely against the bid evaluation result in the absence of any related evidence.

10.

The Ministry of Commerce shall inform the question raiser of the result of question treatment within 10 workdays as of the day when
a question is accepted.

The results of question treatment are classified into three types: maintaining the bid evaluation result, altering the bid winner
and announcing the invalidity of the bidding. In particular, where a bid winner is altered, the new winner shall be announced via
the “Exclusive Network for Foreign Aid Bidding” within the period of announcement as prescribed herein. In case any bidding is announced
invalid, a new bidding shall be organized or the way of bidding shall be separately decided.

11.

In case a question raiser has any different opinion on the treatment of its question, an administrative review or lawsuit may be raised
under law.

12.

The Ministry of Commerce is responsible for interpreting such matters as are not prescribed herein.

These Provisions shall go into effect as of September 1, 2006.

The Ministry of Commerce of the People’s Republic of China

August 1, 2006

 
The Ministry of Commerce
2006-08-22

 




CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE INTERPRETATION OF RELATED ISSUES CONCERNING DEED TAX POLICIES FOR ENTERPRISE REORGANIZATION AND RESTRUCTURING

Circular of the State Administration of Taxation on the Interpretation of Related Issues concerning Deed Tax Policies for Enterprise
Reorganization and Restructuring

Guo Shui Han [2006] No.844

The departments (bureaus) of finance, and the local taxation bureaus of all provinces, autonomous regions, municipalities directly
under the Central Government, and cities specifically designated in the state plan,

The Circular of the Ministry of Finance and the State Administration of Taxation on Extending the Execution Period for the Several
Deed Tax Policies concerning Enterprise Reorganization and Restructuring (Cai Shui [2006] No.41) provides for that the execution
period of the Circular of the Ministry of Finance and the State Administration of Taxation on Several Deed Tax Policies concerning
Enterprise Reorganization and Restructuring (Cai Shui [2003] No.184, hereinafter referred to as the No. 184 Document) shall be extended
up to December 31, 2008. The related issues are hereby specified as follows in light of the conditions as reflected by all the regions
during their implementation:

1.

The term “overall restructuring” as stipulated in Paragraph 1 of Article 1 of the No. 184 Document means such a restructuring under
which the restructured enterprise succeeds to all the rights and obligations of the original enterprise.

2.

The term “enterprises” as mentioned in Articles 2, 3 and 4 of the No. 184 Document means legal person enterprises.

3.

The term “equity transfer” as stipulated in Paragraph 1 of Article 2 of the No. 184 Document means such an act whereby the entity
or individual not only succeeds to the equities of the original enterprise but also changes the legal representative, investor, business
scope and other items of the original enterprise. The equity transfer may, during the process of implementation, be verified according
to the enterprise registration of the administrative department for industry and commerce, that is to say, where an enterprise conducts
the modification registration, such paragraph shall apply; where an enterprise conducts a new establishment registration, such paragraph
may not apply. Where the newly established enterprise succeeds to the land or house property of the original enterprise, the deed
tax shall be collected.

4.

The term “division of enterprises” as stipulated in Article 4 of the No. 184 Document only means such an act under which the investors
of the newly established enterprise, the derivative enterprise and the enterprise being divided are the same ones.

5.

The phrase “relationship between the enterprises affiliated to a same investor” as stipulated in Article 7 of the No. 184 Document
means the relationship between a parent company and any of its wholly owned subsidiary companies, between any two wholly owned subsidiaries
affiliated to a same parent company, between any two sole proprietorship enterprises set up by a same natural person, or between
a sole proprietorship enterprise and a one-person company set up by a same natural person.

6.

The acceptance of the allotted land of the original restructuring enterprise in the form of assignment dose not fall within the scope
of the No. 184 Document. And the deed tax shall be collected on the succeeding party.

The present Circular shall come into force as of the issuance date.

The State Administration of Taxation

August 28, 2006



 
The State Administration of Taxation
2006-08-28

 







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...