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NOTICE OF THE MINISTRY OF COMMERCE ON ENTRUSTING THE COMPETENT DEPARTMENTS OF COMMERCE AT PROVINCIALLEVEL TO EXAMINE AND MANAGE PART OF FOREIGN-FUNDED ROAD TRANSPORTATION ENTERPRISES

Ministry of Commerce

Notice of the Ministry of Commerce on Entrusting the Competent Departments of Commerce at ProvincialLevel to Examine and Manage Part
of Foreign-funded Road Transportation Enterprises

Shang Zi Han [2005] No. 93

January 22, 2006

The competent departments of commerce of all the provinces, autonomous regions, municipalities directly under the Central Government,
and cities under separate state planning, as well as that of the Xinjiang Production and Construction Corp.,

According to the request of the State Council for simplifying the system of administrative examination and approval, and for the
purpose of simplifying the procedures for the examination of the contracts and the articles of association of foreign-funded enterprises,
improving efficiency, and speeding up the work for absorbing foreign investment in service trade fields, we hereby make the following
notice on relevant issues concerning entrusting the competent departments of commerce at all the provinces, autonomous regions, municipalities
directly under the Central Government, and cities under separate state planning, as well as that of Xinjiang Production and Construction
Corp. (hereinafter referred to as the provincial competent departments of commerce) and the state level management commissions of
economic and technological development zones to make examination and management on part of foreign-funded road transportation enterprises:

I.

The provincial competent departments of commerce and the state level management commissions of economic and technological development
zones shall be entrusted to responsible for the work of examination and management of foreign-funded road transportation enterprises
(excluding road passenger transportation enterprises).

II.

Each entrusted department and institution shall, in accordance with the Provisions on the Administration of Foreign Investment in
the Road Transport Sector (No.9 [2001] of the Ministry of Communications and the Ministry of Foreign Trade and Economic Cooperation)
and other laws and regulations on foreign investment, strictly control the qualifications of foreign funded road transportation enterprises,
make careful examination on the applications of foreign-funded road transportation enterprises for their establishment and alteration,
and handle the applications after requesting the applicants to make report to the competent departments of communications for approval
according to the procedures and conditions as prescribed in the aforesaid provisions. The entrusted departments and institutions
shall report any problem arising from the examination process to the Ministry of Commerce in a timely manner. If there is any act
of examination and approval that is in violation of regulations during the entrustment period, the Ministry of Commerce shall circulate
a notice on it in light of the circumstances or even takes back the entrustment.

III.

Each entrusted department and institution shall have the conditions for issuing the documents of approval for foreign-funded enterprises
by networking with the Ministry of Commerce and for online annual joint inspection, and do a good job for putting the examination
and approval on archives and making statistics by making use of the network license issuing system for foreign-funded enterprises.
The relevant statistical data shall comply with the requirements, so that it may be convenient for the Ministry of Commerce to know
the information and strengthen supervision. The Ministry of Commerce will carry out training on the local competent departments of
commerce and the state level management commissions of economic and technological development zones, so as to clarify the concrete
issues in the process of examination.

IV.

The entrusted state level management commissions of economic and technological development zones shall, in accordance with the Notice
of the General Office of the State Council on Transferring the Several Opinions of the Ministry of Commerce and Other Departments
concerning Promoting the State Level Economic and Technological Development Zones to Improve Development Level (No.15 [2005] of the
General Office of the State Council), implement the management system of simplification and high efficiency. After the state level
economic and technological development zones have put the management systems on archives, carried out personnel training, and passed
checking and acceptance for networking, the Ministry of Commerce shall handle the corresponding entrustment formalities by batch
separately.

V.

The present entrustment shall take effect as of March 31, 2006.



 
Ministry of Commerce
2006-01-22

 






ANNOUNCEMENT NO.5, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA

General Administration of Customs

Announcement No.5, 2006 of the General Administration of Customs of the People’s Republic of China

[2006] No.5

In accordance with regulations of Anti-dumping Regulations of People’s Republic of China, Tariff Committee of the State Council decided
to impose anti-dumping duties on cyclic dimethyl siloxane originating from Japan, the United States, Britain and Germany as form
Jan 16, 2006. Ministry of Commerce released Ministry of Commerce Announcement No.123, 2005 (hereinafter referred to as Ministry of
Commerce Announcement No.123) exactly on the day of Jan 16, 2006. In accordance with regulations of Anti-dumping Regulations of People’s
Republic of China, General Administration of Customs released General Administration of Customs Announcement No.3, 2006 (hereinafter
referred to as General Administration of Customs Announcement No.3) on implementation of Ministry of Commerce Announcement No.123
subsequently.

Since General Administration of Customs adjusted the 10-digit commodity codes of related cargoes of Ministry of Commerce Announcement
No.123, related matters on anti-dumping measures on cyclic dimethyl siloxane are now announced as follows for complementary:

1.

As form release of this announcement, when going through declaration formalities of cyclic dimethyl siloxane under tariff items of
29310000 and 38249090, consignees of imported cargoes should substitute 2931000050 for 2931000022 in case of any compound of D3,
D4, D5 and D6 described in Ministry of Commerce Announcement No.123.

2.

Besides above adjustments on commodity codes declaration, please follow General Administration of Customs No.3 for implementation
of other affairs related to anti-dumping duties of cyclic dimethyl siloxane originating from Japan, the United States, Britain and
Germany.

General Administration of Customs

Jan 27, 2006



 
General Administration of Customs
2006-01-27

 






ANNOUNCEMENT NO.5, 2006 OF MINISTRY OF COMMERCE, ON STARTING ANTI-DUMPING INTERIM REVIEW ON IMPORTED ETHANOLAMINE

Ministry of Commerce

Announcement No.5, 2006 of Ministry of Commerce, on Starting Anti-dumping Interim Review on Imported Ethanolamine

[2006] No.5

The Ministry of Commerce issued Announce No.57 of 2004 on November 14, 2004 to start levying anti-dumping duties on imported Ethanolamine
(hereinafter referred to as investigated product) originating in Japan, the U.S., Iran, Malaysia, Taiwan Region and Mexico. Among
the related enterprises, the anti-dumping duties rate on Ethanolamine from Optimal Chemicals (Malaysia) Sdn. Bhd. was 9%.

The above-mentioned enterprise applied to Ministry of Commerce for a dumping and dumping margins judicial review on the anti-dumping
measures implemented to the enterprise and raised petition for amending the anti-dumping duty rate correspondingly.

In respond to the application, Ministry of Commerce made an examination on related issues and decided to start a judicial review,
as of the date when this announcement is issued, on the anti-dumping measures implemented on the investigated product from the above-mentioned
enterprise during a period from January 1, 2005 to December 31, 2005.

The investigated product is listed under No. 29221100, 29221200 in Import and Export Tariffs of the General Administration of Customs
of the People’s Republic of China.

Interested parties can apply in written forms to respond to charges in the interim review within 20 days as of the date the Announcement
is issued.

To get the necessary information for the investigation, Ministry of Commerce will send out questionnaire to the interested parties
accordingly, the answer sheet of which shall be submitted within 37 days as of the date of issuance of the questionnaire.

The interested parties could raise written petition for holding a hearing, which could also be held initiatively by Ministry of Commerce
when necessary.

Ministry of Commerce could, when necessary, send out staff to relate countries for field examination and verification, before which
the countries and enterprises will get notice in advance.

Any form of obstruction against the investigation may result in an arbitration based on the available fact and information.

Address: No. 2, DongChangAn St., Beijing

Postcode: 100731

Bureau of Fair Trade for Imports and Exports, Ministry of Commerce

Tel: 86-10-65198924;65198915

Fax: 86-10-65198915;65198172

Ministry of Commerce

February 10, 2006



 
Ministry of Commerce
2006-02-10

 






ACCOUNTING STANDARDS FOR ENTERPRISES NO. 11 – SHARE-BASED PAYMENTS

The Ministry of Finance

Accounting Standards for Enterprises No. 11 – Share-based Payments

Cai Kuai [2006] No.3

February 15, 2006

Chapter I General Provisions

Article 1

These Standards are formulated in accordance with the Accounting Standards for Enterprises – Basic Standards for the purpose of regulating
the recognition, and measurement of share-based payments, and the disclosure of relevant information. .

Article 2

The term “share-based payment” refers to a transaction in which an enterprise grants equity instruments or undertakes equity-instrument-based
liabilities in return for services from employee or other parties.

The share-based payments shall consist of equity-settled share-based payments and cash-settled share-based payments.

The term “equity-settled share-based payment” refers to a transaction in which an enterprise grants shares or other equity instruments
as a consideration in return for services.

The term “cash-settled share-based payment” refers to a transaction of payment of cash or any other asset obligation calculated and
determined on the basis of shares or other equity instruments undertaken by the enterprise in return for services.

The term “equity instrument” as mentioned in these Standards refers to the equity instruments of the enterprise’s own.

Article 3

The following items shall be governed by other accounting standards:

(1)

The Accounting Standards for Enterprises No. 20 – Business Combination shall apply to a transaction in which an enterprise issue the
equity instrument and obtains the net assets of another enterprise in a business combination.

(2)

The Accounting Standards for Enterprises No. 22 – Recognition and Measurement of Financial Instruments, shall apply to a transaction
in which equity instruments are granted as a consideration for other financial instruments.

Chapter II The Equity-settled Share-based Payments

Article 4

The equity-settled share-based payment in return for employee services shall be measured at the fair value of the equity instruments
granted to the employees.

The fair value of the equity instruments shall be confirmed in accordance with Accounting Standards for Enterprises No. 22 – Recognition
and Measurement of Financial Instruments.

Article 5

As to an equity-settled share-based payment in return for services of employees, if the right may be exercised immediately after the
grant, the fair value of the equity instruments shall, on the date of the grant, be included in the relevant cost or expense and
the capital reserves shall be increased accordingly.

The “grant date” refers to the date on which the share-based payment agreement is approved.

Article 6

As to a equity-settled share-based payment in return for employee services, if the right cannot be exercised until the vesting period
comes to an end or until the prescribed performance conditions are met, then on each balance sheet date within the vesting period,
the services obtained in the current period shall, based on the best estimate of the number of vested equity instruments, be included
in the relevant costs or expenses and the capital reserves at the fair value of the equities instruments on the date of the grant.

If, on the balance sheet date, the subsequent information indicates that the number of vested equity instruments is different from
the previous estimate, an adjustment shall be made and on the vesting date, the estimate shall be adjusted to equal the number of
the actually vested equity instruments.

The ” vesting period” refers to the period during which the specified vesting conditions are to be satisfied.

As to a share-based payment with a specified service period as the vesting condition, the vesting period shall be from the grant date
to the vesting date. As to a share-based payment with specified performances as the vesting condition, the length of the vesting
period shall be estimated in accordance with the most likely performance outcome.

The “vesting date” refers to the date on which the vesting conditions are met and the employees and other parties have the right to
obtain the equity instruments or cash from an enterprise.

Article 7

An enterprise shall, after the vesting date, make no adjustment to the relevant costs or expenses as well as the total amount of the
owner’s equities which have been confirmed.

Article 8

An equity-settled share-based payment in return for the service of any other party shall be conducted in accordance with the following
circumstances, respectively:

(1)

If the fair value of the service of any other party can be measured in a reliable way, the fair value of the service on the acquisition
date by any other service party shall be included in the relevant costs or expenses, and the owner’s equities shall be increased
accordingly.

(2)

If the fair value of the service of any other party can not be measured in a reliable way, but the fair value of the equity instruments
can be measured in a reliable way, the fair value of the equity instruments on date of the service acquisition shall be included
in the relevant costs or expenses, and the owner’s equities shall be increased accordingly.

Article 9

On the vesting date, an enterprise shall, based on the number of the equity instruments of which the right is actually exercised,
calculate and confirm the amount of the paid-in capital or capital stock to be transferred in, and transfer it in the paid-in capital
or stock capital.

The “vesting date” refers to the date on which the employees and other parties exercise the right, acquire cash or equity instruments.

Chapter III The Cash-settled Share-based Payments

Article 10

A cash-settled share-based payment shall be measured in accordance with the fair value of liability calculated and confirmed based
on the shares or other equity instruments undertaken by an enterprise. .

Article 11

As to a cash-settled share-based payment instruments, if the right may be exercised immediately after the grant, the fair value of
the liability undertaken by the enterprise shall, on the date of the grant, be included in the relevant costs or expenses, and the
liabilities shall be increased accordingly.

Article 12

As to a cash-settled share-based payment, if the right may not be exercised until the vesting period comes to an end or until the
specified performance conditions are met, on each balance sheet date within the vesting period, the services obtained in the current
period shall, based on the best estimate of the information about the exercisable right, be included in the relevant costs or expenses
and the corresponding liabilities at the fair value of the liability undertaken by the enterprise.

If, on the balance sheet date, the subsequent information indicates that fair value of the current liability undertaken by the enterprise
are different from the previous estimates, an adjustment shall be made and on the vesting date the estimate shall be adjusted to
equal the actually exercisable right.

Article 13

An enterprise shall, on each balance sheet date and on each account date prior to the settlement of the relevant liabilities, re-measure
the fair values of the liabilities and include the changes in the current profits and losses.

Chapter IV Disclosure

Article 14

An enterprise shall, in the notes, disclose the information related to the cash-settled share-based payments as follows:

(1)

The total amounts of the equity instruments that are granted, exercised and invalidated in the current period;

(2)

The range of the vesting prices for the share options or other equity instruments issued outward at the end of period, and the remainder
of the contractual period;

(3)

The weighted average prices of the share options or other equity instruments exercised in the current period which are calculated
based on the vesting date prices; and

(4)

The measures for the confirmation of the fair value of the equity instruments.

The enterprise may disclose the information of homogeneous share-based payments on a consolidated basis.

Article 15

An enterprise shall, in its notes, disclose the effects of the share-based payment transactions on the current financial status and
operating outcomes, which shall at least include the information as follows:

(1)

The total amount of the expenses as result of equity-settled share-based payments, which is recognized in the current period;

(2)

The total amount of the expenses as a result of cash-settled share-based payments, which is recognized in the current period; and

(3)

The total amount of the employee services and other party services as a result of the share-based payments in the current period
.



 
The Ministry of Finance
2006-02-15

 






ACCOUNTING STANDARDS FOR ENTERPRISES NO. 26 – REINSURANCE CONTRACTS

the Ministry of Finance

Accounting Standards for Enterprises No. 26 – Reinsurance Contracts

No. 3 [2006] of the Ministry of Finance

February 15, 2006

Chapter I General Principles

Article 1

With a view to regulating the recognition and measurement of reinsurance contracts, and the presentation of relevant information,
the present Standards is formulated according to the Accounting Standards for Enterprises – Basic Standards .

Article 2

The term “reinsurance contract” refers to an insurance contract under which the insurer (reinsurance cedant) cedes a certain portion
of a premium to another insurer (reinsurance acceptor) and the reinsurance acceptor makes compensation to the cedant for the compensation
cost and other relevant expenses arising from the original insurance contract.

Article 3

The present Standards shall apply to the reinsurance contracts issued and held by insurers.

A sub-reinsurance contract under which an insurer cedes a reinsurance business which is ceded to it to another insurer shall be subject
to the present Standards .

Article 4

The original insurance contracts issued by insurers shall be subject to the Accounting Standards for Enterprises No. 25 – Original
Insurance Contracts.

Chapter II Accounting Treatment of Ceded-out Business

Article 5

No cedant may countervail the liabilities formed by relevant original insurance contracts with the assets formed by reinsurance contracts
against.

No cedant may countervail the expenses or incomes formed by the relevant original insurance contracts with the incomes or expenses
formed by the reinsurance contracts.

Article 6

A cedant shall, in the current period of recognition of the premium income of an original insurance contract, calculate and determine
the ceded premium in light of the reinsurance contract and record it into the profits and losses of the current period. Meanwhile,
if the original insurance contract is a non-life original insurance contract, the cedant shall, according to relevant provisions
of the reinsurance contract, calculate and recognize the receivable reinsurance unearned premium reserve as an asset and countervail
with it the undue premium reserve.

When the cedant adjusts the balance of the unearned premium reserve of the original insurance contract on the balance sheet date,
it shall adjust the amount of the receivable reinsurance unearned premium reserve accordingly.

Article 7

A cedant shall, in the current period of recognition of the premium income of the original insurance contract, calculate and determine
the reinsurance expenses which shall be recovered from the reinsurance acceptor and record them into the profits and losses of the
current period.

Article 8

A cedant shall, in the current period of drawing the reserve for unearned premium, reserve for life insurance liabilities or reserve
for long-term health insurance liabilities of an original insurance contract, calculate and determine the corresponding reserves
that shall be recovered from the reinsurance acceptor according to the provisions of the relevant reinsurance contract, and shall
recognize the corresponding reinsurance reserve receivable as an asset.

Article 9

A cedant shall, in the current period of determining and offsetting the amount of an indemnity payment or the expenses actually incurred
for the settlement of a claim against the balance of the corresponding reserve on the original insurance contract, offset it against
the balance of the corresponding receivable reinsurance reserve. Meanwhile, it shall, according to the provisions of the re-insurance
contracts, calculate and determine the compensation cost that shall be recovered from the reinsurance acceptor, and record it into
the profits and losses of the current period.

Article 10

A cedant shall, in the current period of the canceling of an original insurance contract ahead of schedule, calculate and determine
the amount of adjustment to the ceded premium or the recovered reinsurance expenses according to the provisions of the relevant reinsurance
contract, and record it into the profits and losses of the current period. Meanwhile, it shall write off the amount of the relevant
reinsurance reserves receivable.

Article 11

A cedant shall, in the current period of making an adjustment to the compensation cost of an original insurance contract because of
the obtainment or disposal of any post-loss goods, or recognition and receipt of any subrogation recourse fee, calculate and determine
the amount of adjustment to the to-be-recovered compensation cost according to the provisions of the relevant reinsurance contract,
and record it into the profits and losses of the current period.

Article 12

When a cedant issues a reinsurance bill, it shall recognize the reinsurance guarantee deposited in the current period as described
in the bill as the deposited-in reinsurance guarantee. Meanwhile, it shall write off the relevant deposited-in reinsurance guarantee
in light of the refund of the deposited-in reinsurance guarantee of the previous period as described in the bill.

The cedant shall, according to the relevant reinsurance contract, calculate the interest on the deposited-in reinsurance guarantee
of each period and record it into the profits and losses of the current period.

Article 13

A cedant shall, when being able to calculate and determine the net profit commissions which it shall charge from the reinsurance acceptor,
treat the profit commission as a recovered reinsurance expense according to the provisions of the relevant reinsurance contracts,
and record it into the profits and losses of the current period.

Article 14

As for a excess of loss reinsurance or any other non-proportional reinsurance contract, the cedant shall, according to the provisions
of the reinsurance contract, calculate and determine the premium to be ceded out, and record it into the profits and losses of the
current period.

A cedant shall, when making an adjustment to the premium, record the amount of adjustment into the profits and losses of the current
period.

A cedant shall, when being able to calculate and determine the compensation cost that shall be recovered from the reinsurance acceptor,
record the to-be-recovered compensation cost into the profits and losses of the current period.

Chapter III Accounting Treatment of Ceded-in Business

Article 15

No reinsurance premium income may be recognized unless it can simultaneously satisfy the following conditions:

(1)

The reinsurance contract is established and assumes relevant insurance liabilities;

(2)

The economic benefits related to the reinsurance contract are likely to flow in;

(3)

The economic benefits related to the reinsurance contract can be measured reliably.

The reinsurance acceptor shall, according to the provisions of the relevant reinsurance contracts, calculate and determine the amount
of reinsurance premium income.

Article 16

The reinsurance acceptor shall, in the current period of recognizing a reinsurance premium income, calculate and determine the reinsurance
expenses according to the provisions of the relevant reinsurance contracts, and record them into the profits and losses of the current
period.

Article 17

The reinsurance acceptor shall, when being able to calculate and determine the net profit commissions that it shall pay to the cedant,
treat the profit commissions as a reinsurance expense according to the provisions of the relevant reinsurance contracts, and record
it into the profits and losses of the current period.

Article 18

The reinsurance acceptor shall, when receiving a reinsurance bill, make an adjustment to the relevant premium income and premium expenses
in light of the amount as specified in the bill, and record the amount of adjustment into the profits and losses of the current period.

Article 19

The reinsurance acceptor shall accord with the relevant provisions of the Accounting Standards for Enterprises No. 25 – Original Insurance
Contracts when it draws reserves for unearned reinsurance premiums, outstanding reinsurance claims, reinsurance life insurance liabilities
and the reinsurance of long-term health care insurance liabilities, and tests the adequacy of the relevant reserves.

Article 20

The reinsurance acceptor shall, in the current period of receipt of a reinsurance bill, treat the amount of the reinsurance indemnity
payment as described in the said bill as the reinsurance compensation cost and record it into the profits and losses of the current
period.

Meanwhile, it shall offset it against the balance of the reinsurance reserve.

Article 21

The reinsurance acceptor shall, when receiving a reinsurance bill, shall recognize the reinsurance guarantee to be deposited in the
current period as stated in the bill as the deposited-out reinsurance guarantee. Meanwhile, it shall write off the relevant deposited
reinsurance guarantee in light of the refund of the deposit-out reinsurance guarantee of the previous period as stated in the bill.

The reinsurance acceptor shall, according to the provisions of the reinsurance contract, calculate the interest on the deposit-out
reinsurance guarantee of each period and record it into the profits and losses of the current period.

Chapter IV Presentation

Article 22

An insurer shall, in its balance sheets, separately present the following items related to the reinsurance contract:

(1)

the receivable reinsurance;

(2)

the receivable unearned reinsurance premium reserve;

(3)

the receivable reserve for outstanding reinsurance claims;

(4)

the receivable reserve for reinsurance life insurance liabilities;

(5)

the receivable reserve for the reinsurance of long-term health insurance liabilities; and

(6)

the payable reinsurance.

Article 23

An insurer shall, in its profit statements, separately present the following items related to the reinsurance contract:

(1)

the reinsurance premium income;

(2)

the ceded-out premium;

(3)

the recovered reinsurance expense;

(4)

the reinsurance expense;

(5)

the recovered compensation cost;

(6)

the reinsurance compensation cost;

(7)

the recovered reinsurance compensation cost;

(8)

the recovered reserve for life insurance liabilities; and

(9)

the recovered reserve for long-term health insurance liabilities.

Article 24

An insurer shall, in its notes, discover the following information related to the reinsurance contract:

(1)

the information on the increase and decrease of reinsurance reserves for the ceded-in business.

(2)

the main actuarial assumptions and methods for making reinsurance reserves and testing the adequacy of the reinsurance reserves for
the ceded-in business.



 
the Ministry of Finance
2006-02-15

 






LETTER OF CHINA BANKING REGULATORY COMMISSION ABOUT APPROVING COMERICA BANK TO ESTABLISH SHANGHAI REPRESENTATIVE OFFICE

Letter of China Banking Regulatory Commission about Approving Comerica Bank to Establish Shanghai Representative Office

Comerica Bank,

The letter to this Commission signed by chairman of the board of directors and chief executive officer of your bank Mr. RaJph W. Babb
Jr. on July 11, 2005 has been received.

Pursuant to the Measures on the Administration of Foreign-capital Financial Institutions’ Representative Offices in China (Order No.
8, 2002 of the People’s Bank of China, hereinafter referred to as these Measures), you are hereby approved to establish a representative
office in Shanghai, the name of whom in Chinese is “￿￿￿￿￿￿￿￿￿˾￿￿￿￿￿” and the name of whom in English is “Comerica
Bank Shanghai Representative Office”.

In accordance with the relevant provisions of these Measures, William Michael Scripture’ qualification for the chief representative
of this Representative Office is hereby approved.

China Banking Regulatory Commission

February 16, 2006



 
China Banking Regulatory Commission
2006-02-16

 






PROVISIONS ON THE ADMINISTRATIVE PUNISHMENT AGAINST PRICE VIOLATION ACT (REVISED IN 2006)

State Council

Provisions on the Administrative Punishment against Price Violation Act (revised in 2006)

State Council Order [2006] No.461

February 21,2006

(Approved by the State Council on July 10, 1999, promulgated by the State Development and Planning Commission on August 1, 1999, amended
in accordance with the Decision of the State Council on Revision of Provisions on Administrative Punishment against Price Violation
Act on February 21, 2006)

Article 1

The present Provisions are formulated according to the relevant provisions of the Price Law of the People’s Republic of China (hereinafter
referred to as The Price Law) for the purpose of punishing price violation act in accordance with law and protecting the lawful rights
and interests of consumers and business operators.

Article 2

The competent departments of price of the people’s governments at or above the county level shall make supervision and examination
on price-related activities in accordance with law and make determinations of the administrative punishment on price violation act.

Article 3

The administrative punishment on any price violation act shall be determined by the competent department of price of the local people’s
government at the place where such price violation act taken place; if the determination shall be made by its h higher level competent
department of price as prescribed by the competent department of price of the State Council, the present provisions shall be complied.

Article 4

If any business operator acts against the provisions as prescribed in Article 14 of the Price Law, and meets any of the following
acts, he/it shall be ordered to correct, with a confiscation of the illegal gains, and be fined not more than 5 times of the illegal
gains at the same time; if there is no illegal gains, he/it shall be given a warning, and be fined 30,000 up to 300,000 Yuan at the
same time; if the circumstances are serious, he/it shall be ordered to stop his/its business operations for rectification, or his/its
business license shall be revoked by the administrative department of industry and commerce:

1.

Causing great detriment to the lawful rights and interests of other business operators or consumers by colluding with each other to
manipulate market prices;

2.

Engaging in the dumping of goods (except the cases of legally selling perishable and live merchandises, seasonal merchandises, stockpiled
merchandises or other similar merchandises at discount in accordance with law) at below-cost prices for the purpose of supplanting
his/its rivals or monopolizing the market, which has disturbed the normal order of production and operation, and caused great detriment
to the interests of the State or the lawful rights and interests of other business operators; or

3.

Carrying out price discrimination against the merchandises or services of a same kind offered by other business operators in the same
trading conditions.

Article 5

If any business operator violates the provisions as prescribed in Article 14 of the Price Law, fabricates and spreads information
on price rising so as to push up the prices to an excessively high level, or resorts to deceitful or misleading price means for the
purpose of enticing consumers or other business operators into his/its trading, he/it shall be ordered to correct and given a confiscation
of illegal gains, if any, and may be fined not more than 5 times of the illegal gains at the same time; if there is no illegal gains,
he/it shall be given a warning, and may be fined not less than 20,000 Yuan and not more than 200,000 Yuan at the same time; if circumstances
are serious, he/it shall be ordered to stop his/its business operations for rectification, or his/its business license shall be revoked
by the administrative department of industry and commerce.

Article 6

If any business operator violates the provisions as prescribed in Article 14 of the Price Law, sells or purchases merchandises or
provides services by artificially raising or lowering the grades of merchandises or services, or raises or lowers the prices thereof
in any disguised form, he/it shall be ordered to correct, with his/its illegal gains, if any, being confiscated, and may be fined
not more than 5 times of the illegal gains at the same time; if there is no illegal gains, he/it shall be given a warning, and be
fined not less than10,000 Yuan and not more than 100,000 Yuan at the same time; if circumstances are serious, he/it shall be ordered
to stop his/its business operations for rectification, or his/its business license shall be revoked by the administrative department
of industry and commerce.

Article 7

If any business operator fails to carry out government-guided prices or government-set prices, and meets any of the following acts,
he/it shall be ordered to correct, with the illegal gains, if any, being confiscated, and may be fined not more than 5 times of the
illegal gains at the same time; if there is no illegal gains, he/it may be fined not less than 20,000 Yuan and not more than 200,000
Yuan; if circumstances are serious, he/it shall be ordered to stop business operation for rectification:

1.

Setting prices by exceeding the floating range of government-guided prices;

2.

Setting prices higher or lower than the government-set prices;

3.

Setting prices for the merchandises or services that belongs to the scope of government-guided prices or government-set prices without
permission;

4.

Implementing government-guided prices or government-set prices in advance or on the shelf;

5.

Setting up charging items by himself/itself or setting standards of charges by himself/itself;

6.

Raising charging standards in any disguised form by means of dividing a charging item into several parts, repeated charging, or expanding
the charging scope, and etc.;

7.

Keeping on charging on the charging items that have been rescinded by the government through explicit terms;

8.

Charging fees in disguised form by means of deposit and recognizance in violation of regulations;

9.

Charging fees by forcing any other person to accept his/its service directly or in any disguised form;

10.

Charging fees without providing services in accordance with relevant provisions; or

11.

Other acts of failing to carry out government-guided prices or government-set prices.

Article 8

If any business operator fails to carry out legal price intervention measures or emergency measures, and meets any of the following
acts, he/it shall be ordered to correct, with the illegal gains, if any, being confiscated, and be fined not more than 5 times of
the illegal gains at the same time; if there is no illegal gains, he/it shall be fined not less than 40,000 Yuan and not more than
400,000 Yuan; if circumstances are serious, he/it shall be ordered to stop his/its business operations for rectification:

1.

Failing to carry out the system of declaration on price rises and archival filing for price adjustment;

2.

Exceeding the range of price disparity and profit rate as prescribed;

3.

Failing to carry out the ceiling prices or conservation prices as prescribed;

4.

Failing to carry out the measures for the purview of concentrated fixation of prices;

5.

Failing to carry out measures for freezing prices; or

6.

Other acts of failing to carry out the legal price intervention measures and emergency measures.

Article 9

If the business operator as prescribed from Article 4 to Article 8 of the present Provisions is an individual, he shall be given
a fine not more than 50,000 Yuan for his price violation act without illegal gains.

Article 10

If any business operator violate the provision of any law or regulation for seeking the exorbitant profits, he/it shall be ordered
to correct, with his/its illegal gains being confiscated, and may be fined not more than 5 times of the illegal gains at the same
time; if circumstances are serious, he/it shall be ordered to stop his/its business operations for rectification, or his/its business
license shall be revoked by the administrative department of industry and commerce.

Article 11

If any business operator acts against the provisions about clear marked prices, and meets any of the following acts, he/it shall be
ordered to correct, with a confiscation of his/its illegal gains, and may be fined not more than 5000 Yuan concurrently:

1.

Failing to mark the prices clearly;

2.

Failing to mark the prices clearly in accordance with the contents and ways as prescribed;

3.

Selling merchandises at prices above the marked prices or charging fees not specified; or

4.

Other acts in violation of the provisions on price marking.

Article 12

If any business operator refuses to submit the materials required by the price supervision and inspection or submit any false materials,
he/it shall be ordered to correct, and be given a warning; if he/it fails to correct in excess of the time limit, he/it may be fined
not more than 50,000 Yuan, and the person in charge who is directly responsible and other directly liable personnel shall be given
a disciplinary punishment.

Article 13

If any competent department of price of the government implements supervision and examination on prices and finds that the illegal
acts of a business operator meet the following three circumstances simultaneously, it may order him/it to pause the relevant business
according to the provisions of item (3) of Article 34 of the Price Law:

1.

The circumstances of the illegal act are complicated or serious, and a heavier punishment may be given after such act is ascertained;

2.

The illegal act will continue if the relevant business is not suspended; or

3.

If the relevant business is not suspended, the determination on the illegal facts may be affected and it cannot be sufficiently ensured
by taking other measures.

When the competent department of price of the government implements price supervision and inspection, there shall be no less than
two law enforcement personnel, and whose certificates shall be showed to the business operator or the relevant personnel.

Article 14

If the illegal gains as prescribed in Articles 4 through 11 of the present Provisions belong to those overpaid by any consumer or
other business operator as prescribed in Article 41 of the Price Law, the business operator shall be ordered to return the overpaid
money in a time limit. If it is difficult to find out the consumer or other business operator who has overpaid the price, the business
operator shall be ordered to find him/it out by public notice.

If any business operator refuses to return the overpaid money to any consumer or other business operator in accordance with the preceding
paragraph, or fails to return the overpaid money to the consumer or other business operator within the prescribed time limit, the
competent department of price of the government shall confiscate the overpaid money; if the consumer or other business operator requests
it to return the said money, the business operator shall bear civil liabilities in accordance with law.

Article 15

If any business operator meets the circumstances as listed in Article 27 of the Administrative Punishment Law, he/it shall be given
a lighter punishment in accordance with law or a mitigated punishment.

If any business operator meets any of the circumstances as follows, he/it shall be given a heavier punishment:

1.

His/its price violation acts are serious or have great impact on society;

2.

He/it is found to have violation acts whenever he/it is inspected;

3.

He/it fabricates, alters or transfers, or destroys any evidence;

4.

He/it transfers capital or merchandise related to price violation acts;

5.

The business operator refuses to return the overpaid money to any consumer or other business operator in the light of the provisions
of Paragraph one of Article 14 of the present Provisions; or

6.

Other price violation acts that shall be given a heavier punishment.

Article 16

If any business operator is not satisfied with the punishment made by the competent department of price of the government, he/it shall
submit an application for administrative reconsideration in accordance with law at first; if he/it is not satisfied with the decision
of administrative reconsideration, he/it may lodge a lawsuit to the people’s court in accordance with law.

Article 17

If any business operator fails to pay the fine within the prescribed time limit, he/it shall be imposed an extra of 3% of the amount
of the fine per day; if he/it fails to pay the illegal gains within the prescribed time limit, he/it shall be imposed an extra of
2￿￿f the amount of the illegal gains per day.

Article 18

If any entity or individual has any of the price violation acts as prescribed in the present Provisions and the circumstances are
serious, but refuses to correct, the competent department of price of the government may, apart from giving it/him punishment in
accordance with the present Provisions, make a public notice of its/his price violation act at its/his business places, till it/he
has made a correction.

Article 19

If any price law enforcement personnel reveals any state secret or business secret of any business operator, or abuses his power,
or neglects his duty, or misconduct for self-seeking, , he shall be subject to criminal liabilities in accordance with law if a crime
is constituted; if circumstances are not serious enough to constitute a crime, he shall be given administrative punishment in accordance
with law.

Article 20

The present Provisions shall come into force as of the date of promulgation.



 
State Council
2006-02-21

 






NOTARIZATION LAW

Notarization Law of the People’s Republic of China

Order of the President of the People’s Republic of China 

No. 39 

The Notarization Law of the People’s Republic of China, adopted at the 17th Meeting of the Standing Committee of the Tenth National
People’s Congress of the People’s Republic of China on August 28, 2005, is hereby promulgated and shall go into effect as of
March 1, 2006. 

Hu Jintao 

President of the People’s Republic of China 

August 28, 2005 

 

(Adopted at the 17th Meeting of the Standing Committee of the Tenth National People’s Congress on August 28, 2005) 

Contents 

Chapter I　General Provisions 

Chapter II　Notarial Institutions 

Chapter III　Notaries 

Chapter IV　Notarization Procedures 

Chapter V　The Effect of Notarization 

Chapter VI　Legal Liability 

Chapter VII　Supplementary Provisions 

Chapter I　General Provisions 

Article 1 This Law is enacted for the purpose of regulating notarial activities, ensuring that the notarial institutions and notaries
perform their duties in accordance with law, preventing disputes and protecting the legitimate rights and interests of the natural
persons, legal persons or other organizations. 

Article 2 Notarization means the act performed by a notarial institution, upon the application of a natural person, legal person
or other organization and following statutory procedures, to certify the authenticity and legality of a civil juristic act or a fact
or document of legal significance. 

Article 3 A notarial institution shall comply with law and shall adhere to the principles of objectiveness and impartiality when
doing notarization. 

Article 4 A China Notaries Association shall be set up for the country as a whole, and a local notaries association shall be set
up for each province, autonomous region, and municipality directly under the Central Government. The China Notaries Association and
the local notaries associations are public organizations with the status of legal person. The charter of the China Notaries Association
shall be formulated by the congress of its members and shall be submitted to the judicial administration department under the State
Council for the record. 

The notaries associations are self-disciplined organizations of the notarial sector. They shall carry out their activities in accordance
with their charter and shall supervise the practices of the notarial institutions and the notaries. 

Article 5 The judicial administration departments shall, in accordance with the provisions of this Law, exercise supervision over
and provide guidance to the notarial institutions, notaries and notaries associations. 

Chapter II　Notarial Institutions 

Article 6 A notarial institution is a lawfully established, non-profit certifying institution that independently performs the notarial
functions and bears civil liabilities in accordance with law. 

Article 7 A notarial institution may, in compliance with the principle of overall planning and rational distribution, be established
in a county, a city not divided into districts, a city divided into districts, a municipality directly under the Central Government
or a district directly under a city. One or more notarial institutions, may be established in a city divided into districts, or a
municipality directly under the Central Government. Notarial institutions are not to be established at different levels in correspondence
with the administrative hierarchy. 

Article 8 To establish a notarial institution, the following conditions shall be met: 

(1) having its own name; 

(2) having a fixed office; 

(3) having two or more notaries; and 

(4) having the funds necessary for carrying out notarial work. 

Article 9 To establish a notarial institution, an application shall be submitted by the local judicial administration department
to the judicial administration department of the people’s government of the province, autonomous region, or municipality directly
under the Central Government for approval, and, after approval is granted in compliance with the prescribed procedure, a practicing
certificate of notarial institution shall be issued. 

Article 10 The person in charge of a notarial institution shall be elected from among the notaries who have practiced in this field
for three or more years, and he shall be subject to examination and approval by the local judicial administration department and
be reported to the judicial administration department of the people’s government of the province, autonomous region, or municipality
directly under the Central Government for the record. 

Article 11 Depending on the request of a natural person, legal person or other organization, the notarial institution shall notarize
for the following matters: 

(1) a contract; 

(2) succession; 

(3) the power of attorney, statement, gift, and will; 

(4) division of property; 

(5) bid invitation, tendering, and auction; 

(6) marital status, kindred relationship, and adoption relationship; 

(7) birth, existence, death, identity, experiences, educational background, degree, job post_title, professional post_title, and having or
not having illegal or criminal record; 

(8) articles of association of a company; 

(9) preservation of evidence; 

(10) signature, seal and date as indicated in a document, and duplicate or photocopy of a document conforming with the original document;
and 

(11) other matters for which a natural person, legal person or other organization voluntarily requests for notarization. 

For a matter that needs to be notarized as prescribed by laws or administrative regulations, the natural person, legal person or
any other organization concerned shall request a notarial institution for notarization. 

Article 12 Depending on the request of a natural person, legal person or other organization, the notarial institution may do the
following: 

(1) registration of matters required of a notarial institution by laws or administrative regulations; 

(2) preservation of evidence; 

(3) preservation of will, heritage or other property, articles and documents related to the matters for notarization; 

(4) making, for another person, legal documents related to matters for notarization; and 

(5) providing legal consultancy services related to notarization. 

Article 13 A notarial institution shall not do any of the following: 

(1) issuing a notarial certificate for an untrue or illegal matter; 

(2) destroying or fraudulently altering a notarial document or file; 

(3) vying for notarial business by defaming another notarial institution or notary, or by paying kickbacks or commissions, or by
other illegitimate means; 

(4) divulging State secrets, commercial secrets or personal privacy it has access to in its practices; 

(5 ) charging notarization fees in violation of the prescribed rates; or 

(6) committing other acts as prohibited by laws, regulations, or the judicial administration department under the State Council. 

Article 14 A notarial institution shall institute systems for the management of business, financial affairs and assets, supervise
the professional practices of its notaries and institute a system of liability for fault. 

Article 15 Notarial institutions shall obtain liability insurance for notarial practices. 

Chapter III　Notaries 

Article 16 A notary is a notarial practitioner who meets the requirements as prescribed by this Law and is working in a notarial
institution. 

Article 17 The number of notaries shall be determined according to the need of the notarial business. The judicial administration
department of the people’s government of a province, autonomous region, or municipality directly under the Central Government shall,
in light of the number of the notarial institutions established and the need of the notarial business, decide on a plan for the manning
of notaries and shall submit it to the judicial administration department under the State Council for the record. 

Article 18 To serve as a notary, one shall meet the following requirements: 

(1) having the nationality of the People’s Republic of China; 

(2) being between 25 and 65 years old; 

(3) being fair-mainded and upright, observing laws and rules of discipline, and being of good moral character; 

(4) having passed the national judicial examination; and 

(5) having served as an intern in a notarial institution for two or more years, or having three or more years of experiences in another
legal profession and having served as an intern in a notarial institution for one year or more, and being professionally qualified. 

Article 19 A person who has been engaged in teaching or research of law or has a senior professional post_title, or a person who has been
a university graduate or had a higher educational background and has served as a public servant or lawyer for 10 full years in adjudication,
procuratorial work, legislative work or legal service, if he has left his post and has been professionally qualified, may serve as
a notary.  

Article 20 A person shall not serve as a notary, if: 

(1) He has no or has limited capacity for civil conduct; 

(2) He has been subjected to criminal punishment due to an intentional crime or a crime committed because of negligence of duty; 

(3) He has been dismissed from public employment; or 

(4) His practicing certificate has been revoked. 

Article 21 To serve as a notary, a person who meets the requirements for a notary shall submit an application and be recommended
by a notarial institution. The local judicial administration department shall submit the matter to the judicial administration department
of the people’s government of a province, autonomous region, or municipality directly under the Central Government for examination
and approval, which, after granting approval, shall request the judicial administration department under the State Council for appointment,
before issuing to the person a notary’s practicing certificate. 

Article 22 A notary shall observe rules of discipline and law, strictly abide by professional ethics, perform his notarial duties
according to law, and keep confidential the secrets he has access to in his practices. 

A notary shall be enpost_titled to receive remuneration, enjoy insurance and welfare benefits. He shall have the right to offer resignation
from his job, to file a complaint or bring a charge. He shall be free from being dismissed from his post or punished, unless there
is a statutory reason or unless statutory procedures have been followed. 

Article 23 No notary may: 

(1) serve as a notary in two or more notarial institutions at the same time; 

(2) doing other paid job(s); 

(3) doing notarization for himself or his close relative, or where he or his close relative has an interest in; 

(4) issuing a notarial certificate without authorization; 

(5) issuing a notarial certificate for an untrue or unlawful matter; 

(6) taking illegal possession of or misappropriating notarization fees, or taking illegal possession of or stealing articles for
the exclusive use of notarization; 

(7) destroying or fraudulently altering a notarial document or file; 

(8) divulging State secrets, commercial secrets or personal privacy he has access to in his practices; or 

(9) committing other acts as prohibited by laws or regulations, or the regulations of the judicial administration department under
the State Council. 

Article 24 The local judicial administration department shall report him to the judicial administration department of the people’s
government of a province, autonomous region, or municipality directly under the Central Government, which shall request the judicial
administration department under the State Council to dismiss him from the job, if a notary: 

(1) has forfeited the nationality of the People’s Republic of China; 

(2) has attained to the age of 65 or becomes unable to carry on his duties for health reasons; 

(3) has resigned from the job of a notary of his own free will; or 

(4) his notary’s practicing certificate has been revoked. 

Chapter IV　Notarization Procedures 

Article 25 Where a natural person, legal person or other organization requests for notarization, he/it may file an application to
the notarial institution of the place where his/its domicile or habitual residence is located, or where the relevant act is committed,
or where the relevant event occurs. 

Where a request for notarization involves real property, the applicant shall submit the request to the notarial institution of the
place where the real property is located. The provisions of the preceding paragraph shall be applicable to requests for notarization
of the power of attorney, statement, gift and will involved with the real property. 

Article 26 A natural person, legal person or other organization may entrust another person with the request for notarization, with
the exception of the notarization of a will, survival, and adoption relationship, which shall be requested by the said person or
organization himself or itself. 

Article 27 The party who requests notarization shall provide the notarial institution with truthful information about the matter
for which he requests notarization, and shall provide genuine, lawful and sufficient supporting materials. Where the supporting materials
are insufficient, the notarial institution may ask him to supplement the materials. 

After the notarial institution accepts a request for notarization, it shall inform the party concerned of the legal significance
and the possible legal consequences of the matter for which he requests notarization, and shall keep a record of what it has informed
of the party concerned and place it on file. 

Article 28 When doing notarization, a notarial institution shall, according to the different rules governing different matters for
notarization, examine the following items, respectively: 

(1) the identity of the party concerned, his qualifications for requesting the notarization and the necessary rights he enjoys; 

(2) whether the documents provided are complete in content, whether the meaning is clear and whether the signature and seal are complete; 

(3) whether the supporting materials are authentic, lawful and sufficient; and 

(4) whether the matters under request for notarization are genuine and lawful. 

Article 29 Where a notarial institution, in accordance with the rules governing notarization, deems it necessary to verify the matter
under request for notarization and the supporting materials provided by the party concerned, or where it has doubts about the matter
or materials, it should verify the matter or materials, or where it entrusts a notarial institution located in another place to do
the verifying on its behalf, the unit or individual concerned shall offer assistance according to law. 

Article 30 If the notarial institution, upon examination, considers that the supporting materials provided for request for notarization
are truthful, lawful and sufficient, and that the matter under request for notarization is genuine and lawful, it shall issue a notarial
certificate to the party concerned within 15 working days from the date it accepts the request for notarization. However, under conditions
of force majeure and when supporting materials need to be supplemented or some relevant information needs to be verified, the time
thus needed shall not be included in the aforesaid time limit. 

Article 31 A notarial institution shall not do the notarization, if: 

(1) The person who has no or has limited capacity for civil conduct does not have a guardian to request for notarization on his behalf; 

(2) The party concerned has no interest in the matter under request for notarization; 

(3) The matter under request for notarization is a matter involving professional technical authentication or assessment; 

(4) There are disputes between the parties concerned over the matter under request for notarization; 

(5) The party concerned makes up a story, conceals the facts or provides false supporting materials; 

(6) The supporting materials provided by the party concerned are insufficient or the party concerned refuses to supplement such materials; 

(7) The matter under request for notarization is not genuine or is unlawful; 

(8) The matter under request for notarization goes against public ethics; or 

(9) The party concerned refuses to pay the notarization fees according to relevant regulations. 

Article 32 A notarial certificate shall be made according to the format as prescribed by the judicial administration department under
the State Council and shall carry the signature, or plus the seal of the notary’s signature, as well as the seal of the notarial
institution. A notarial certificate becomes valid as of the date of its issuance. 

A notarial certificate shall be made in the written language commonly used nationwide. In a national autonomous area, it may be made
in the language commonly used by the local ethnic people. 

Article 33 Where a notarial certificate is to be used outside China and the country where the certificate is to be used requires
confirmation in advance, the certificate shall be subject to confirmation by the Ministry of Foreign Affairs of the People’s Republic
of China or the institution it authorizes to confirm the certificate and by the embassy (consular office) of the country concerned
in China. 

Article 34 The party concerned shall pay notarization fees in accordance with relevant regulations. 

If the party concerned satisfies the conditions for obtaining legal aid, the notarial office shall, according to relevant regulations,
reduce the notarial charges or exempt the party from such charges. 

Article 35 A notarial institution shall classify the natarial documents into different categories and keep them on file. At the expiration
of the period of time for preservation of notarial files of such important matters as ones which should be notarized according to
laws or administrative regulations, the notarial institution shall, in accordance with relevant regulations, transfer such notarial
files to local archives for preservation. 

Chapter V　The Effect of Notarization 

Article 36 A notarized civil legal act, fact and document of legal significance shall be taken as the basis for establishing a fact,
except where there is contrary evidence which is strong enough to reverse the notarization. 

Article 37 With regard to a notarized document of creditor’s right the content of which is on payment and which clearly states
the commitment of the debtor to accept compulsory execution, if the debtor fails to fulfill or to properly fulfill his commitment,
the creditor may, in accordance with law, submit an application for execution to the people’s court that has jurisdiction over
the matter. 

Where there’s definitely an error in the document of creditor’s right as mentioned in the preceding paragraph, the people’s
court shall decide not to execute it and shall serve its written decision upon both parties concerned and the notarial institution. 

Article 38 Where laws or administrative regulations provide that a certain matter has no legal effect unless it is notarized, such
provisions shall be applied. 

Article 39 Where the party concerned or the interested party of a notarized matter considers that there is an error in the notarial
certificate, he may request the notarial institution that produced the notarial certificate to make a review. If what is notarized
in the notarial certificate is illegal or does not conform to facts, the notarial institution shall revoke the notarial certificate
and announce it to the public, and the notarial certificate shall be invalidated from the very beginning. If there is any other error
in the notarial certificate, the notarial institution shall correct it. 

Article 40 Where a dispute arises between the party concerned and the interested party of the notarized matter over what is notarized
in the notarial certificate, they may lodge a civil lawsuit in respect of the dispute in a people’s court. 

Chapter VI　Legal Liability 

Article 41 Where a notarial institution or one of its notaries commits one of the following acts, the judicial administration department
of a province, autonomous region, or municipality directly under the Central Government, or of a city divided into districts, shall
give it/him a warning. If the circumstances are serious, it shall impose on the notarial institution a fine of not less than RMB10,
000 yuan but not more than 50, 000 yuan, and on the notary a fine of not less than 1, 000 yuan but not more than 5, 000 yuan, and
may, in addition, suspend its/his practices for not more than three months but not less than six months by way of punishment; the
unlawful gains, if any, shall shall be confiscated: 

(1) vying for notarial business by defaming other notarial institutions or notaries, or by paying kickbacks or commissions, or by
other illegitimate means; 

(2) charging notarization fees in violation of the prescribed rates; 

(3) serving as a notary in two or more notarial institutions at the same time; 

(4) doing other paid job(s); 

(5) doing notarization for himself or his close relative or where he himself or his close relative has an interest in; or 

(6) other acts that are to be subjected to punishment according to laws or administrative regulations. 

Article 42 Where a notarial institution or its notary commits one of the following acts, the judicial administration department of
the people’s government of the province, autonomous region, municipality directly under the Central Government, or of a city divided
into districts shall give the notarial institution a warning and shall impose on it a fine of not less than 20, 000 yuan but not
more than 100, 000 yuan and may, in addition and by way of punishment, make it suspend business for rectification for not less than
one month but not more than three months. It shall give the notary a warning and impose on him a fine of not less than 2, 000 yuan
but not more than 10, 000 yuan and may, in addition and by way of punishment, make him suspend his practices for not less than three
months but not more than twelve months. His unlawful gains, if any, shall be confiscated; if the circumstances are serious, the judicial
administration department of the people’s government of a province, autonomous region, or municipality directly under the Central
Government shall revoke his notary’s practicing certificate; and if a crime is constituted, he shall be investigated for criminal
responsibility: 

(1) issuing a notarial certificate without authorization; 

(2) issuing a notarial certificate for a matter that is not genuine or is unlawful; 

(3) taking illegal possession of or misappropriating notarization fees, or taking illegal possession of or stealing articles for
the exclusive use of notarization; 

(4) destroying or fraudulently altering a notarial document or notarial file; 

(5) divulging State secrets, commercial secrets or personal privacy it/he has access to in its/his practices; or 

(6) other acts that are to be subject to punishment according to laws or administrative regulations. 

Where a notary is subjected to criminal punishment due to a crime committed intentionally or because of negligence of duty, his notary’s
practicing certificate shall be revoked. 

Article 43 Where a notarial institution or notary causes losses to the party concerned or to an interested party of the matter for
natorization due to its/his fault, the said institution shall bear the corresponding liability for compensation. After making the
compensation, it may claim repayment from the notary who intentionally commits the fault or commits a serious fault. 

Where a dispute arises over the compensation between the party concerned or the interested party of the matter for notarization on
the one hand, and the notarial institution on the other, the former may initiate a civil lawsuit in a people’s court. 

Article 44 Where the party concerned or another individual or organization commits one of the following acts and thus causes losses
to another person, he/it shall bear civil liability in accordance with law; if the act infringes the administration for pubic security,
he/it shall be given an administrative penalty for public security; and if a crime is constituted, he/it shall be investigated for
criminal responsibility according to law: 

(1) obtaining a notarial certificate by providing false supporting materials; 

(2) using a false notarial certificate to engage in fraudulent activities; or 

(3) forging or altering notarial certificates or the seals of notarial institutions, or buying or selling such forged or altered
certificates or seals. 

Chapter VII　Supplementary Provisions 

Article 45 The embassies (consular offices) of the People’s Republic of China stationed abroad may provide notarization pursuant
to the provisions of this Law or the international treaties which the People’s Republic of China has concluded or has acceded to. 

Article 46 The rates for notarization fees shall be fixed by the finance department and the department in charge of pricing under
the State Council in conjunction with the judicial administration department under the State Council. 

Article 47 This Law shall go into effect as of March 1, 2006.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.






ANNOUNCEMENT OF SEPA, SDRC, MOFCOM, GAC AND AQSIQ ON THE ISSUANCE OF GUIDING RULES FOR IDENTIFYING SOLID WASTES” (FOR TRIAL IMPLEMENTATION)

the State Environmental Protection Administration, the State Development and Reform Commission, the Ministry of Commerce, the General
Administration of Customs, and the State Administration of Quality Supervision, Inspection and Quarantine

Announcement of SEPA, SDRC, MOFCOM, GAC and AQSIQ on the Issuance of Guiding Rules for Identifying Solid Wastes” (for Trial Implementation)

[2006] No. 11

For the purpose of implementing the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution
by Solid Wastes and strengthening the environmental administration of solid wastes, we hereby promulgate the Guiding Rules for Identifying
Solid Wastes (for Trial Implementation), which shall come into force as of the date of April 1, 2006.

Annex: Guiding Rules for Identifying Solid Wastes (for Trial Implementation)

State Environmental Protection Administration

State Development and Reform Commission

Ministry of Commerce

General Administration of Customs

State Administration of Quality Supervision, Inspection and Quarantine

March 9, 2006 Annex:Guiding Rules for Identifying Solid Wastes (for Trial Implementation)

The present Guiding Rules shall be applicable for the identification of the solid wastes and non-solid wastes as defined in the Law
of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes, but shall not be applicable
for determining their HS codes. For the sake of discriminating solid wastes from non-solid wastes, a judgment shall be made based
on the definition in the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid
Wastes at first; and the scope of solid wastes listed in the present Guiding Rules may be referred to in a second place. In case
it is still hard to make a judgment after referring to the foregoing definition and the scope of solid wastes, a judgment may accord
Part III of the present Guiding Rules.

In case of any dispute over the identification result on whether a certain substance, article or material belongs to solid wastes
or non-solid wastes, the national environmental protection administrative department shall organize and convene an experts conference
to identify it and make a judgment jointly with the relevant departments. If, at the import stage, any importer is dissatisfied with
the customs’ decision on including the imported goods into the management scope of solid wastes, it may apply for administrative
reconsideration in accordance with the law or bring an administrative lawsuit to the people’s court in accordance with Article 26
of the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes.

I.

Definition of Solid Wastes

The term “solid wastes” shall refer to the articles and substances in solid, semi-solid state or gas in containers that are produced
in the production, living and other activities and have lost their original use values or are discarded or abandoned, as well as
the articles and substances that are included into the management scope of solid wastes as required by any law or administrative
regulation.

II.

Scope of Solid Wastes

The substances or articles listed in II (I) but not included in II (II) are solid wastes. Any substance or article included in II
(II) is not a solid waste.

(I)

Solid wastes shall include (but not be limited to) the following substances, articles or materials:

(1)

Garbage gathered from household;

(2)

Abandoned substances and discarded products from production;

(3)

Abandoned substances from laboratories;

(4)

Abandoned substances from office work;

(5)

Sludge from urban sewage treatment plants, residues from domestic garbage plants;

(6)

Other garbage, residues and sludge from pollution control facilities;

(7)

Sludge from dredging of urban riverways;

(8)

Products failing to conform to the standards or norms, excluding those used continuously for the original purpose;

(9)

Shoddy and inferior products;

(10)

Substances or articles declared by the owner or its representative as wastes;

(11)

Polluted materials (such as oil polluted by polychlorinated biphenyls [PCBs]);

(12)

Any material, substance or article prohibited by law from use; and

(13)

Substances or articles declared by the environmental protection administrative department of the State Council as solid wastes.

(II)

Solid wastes shall not include the following substances or articles:

(1)

Radioactive wastes;

(2)

Substances or articles directly returning to the original production process or the occurrence process on site without being stored;

(3)

Any substance or article used for its original purpose;

(4)

Samples for laboratory use; and

(5)

Other substances or articles that need not be managed as solid wastes upon approval of the environmental protection administrative
department of the State Council.

III.

Identification of Solid Wastes and Non-solid Wastes

(I)

Judging them according to the working methods and the reasons of the wastes

Judging them according to the working methods listed in Table 1 and the reasons listed in Table 2. If a substance, article or material
has to be treated in a working method listed in Table 1, and satisfies one or more reasons listed in Table 2, it may be judged as
a solid waste. Table 1 and Table 2 must be used in combination, and neither may be used separately for the identification of solid
wastes.

Table 1 Working Methods (Omitted)

Table 2 Reasons why the wastes must be comprehensively utilized or be stored or disposed of / Categories of wastes (omitted)

(II)

Judging them according to the features and impacts

To assess whether a substance, article or material (hereinafter referred to as substance) belongs to solid wastes, the following factors
shall be took into consideration:

(1)

General consideration, which includes: whether the substance is produced intentionally, whether it is manufactured to meet the market
demands, whether its economic value is negative, and whether it is a part of the chain of normal commercial circulation or use.

(2)

Features, which includes: whether the production of the substance is under quality control, and whether it meets nationally or internationally
acknowledged norms/ standards.

(3)

Environmental impact, which includes: whether the use of the substance is harmless to the environment when compared with primary products;
whether the use of the substance increases risks to human health or the environment in the process of production when compared with
corresponding raw materials; whether it causes greater risks to human health or to the environment; whether the substance contains
any ingredients harmful to the environment, and such ingredients are not found to be utilizable or re-utilizable in an effective
way in the process of re-circulation in the substituted raw materials or products.

(4)

Use and destination, which includes: whether the substance needs to be further processed before it is put into use; whether it may
be directly applied in production or commerce; whether it may be put into use after a simple repair; whether it is still suitable
for its original purpose; whether it may be used as a substitute for other purposes; whether it is actually applied in production;
whether it has a fixed use; whether it may be utilized in the existing form or without being treated through any working method listed
in Table 1; whether it may not be utilized until treated through a working method listed in Table 1.

To assess whether a substance is a solid waste, all the abovementioned factors shall be comprehensively considered.

The factors to be focused on are also different in light of different objects to be evaluated. The following flow charts may be used
as a reference for identifying solid wastes from non-solid wastes, but at the time of specific application, the identification shall
be made according to the features and impacts of the substance.

Flow Chart on Discriminating Solid Wastes from Non-solid Wastes (Omitted)



 
the State Environmental Protection Administration, the State Development and Reform Commission, the Ministry of Commerce,
the General Administration of Customs, and the State Administration of Quality Supervision, Inspection and Quarantine
2006-03-09

 






REPLY OF THE GENERAL OFFICE OF THE MINISTRY OF COMMERCE ON THE RELEVANT ISSUES CONCERNING STOCK EQUITY ALTERNATION OF FOREIGN-INVESTED ENTERPRISES

Reply of the General Office of the Ministry of Commerce on the Relevant Issues Concerning Stock Equity Alternation of Foreign-invested
Enterprises

Xiamen Foreign Investment Bureau:

We have received your Request for Instructions on Such Issues as the Revocation of Written Instructions on Stock Equity Transfer that
Have Been in Effect for Years but with Controversies of Fact and the Alternation of Investors by Examination and Approval Authorities
(Xia Wai Zi Fa [2006] No. 61). In recent years, administrative disputes caused by the alternation of investors’ stock equity in foreign-invested
enterprises have become a common phenomenon. For the purpose of running administration in accordance with the law, protecting the
legal interests of investors and enterprises, preventing the examination and approval authorities from being involved in civil and
administrative disputes, suggestions are hereby presented as follows:

1.

Administrative commercial departments, during the examination and approval work of the alternation of investors’ stock equity of foreign-invested
enterprises, shall handle all things strictly in accordance with the provisions of related laws, administrative regulations as well
as the Provisions for the Alteration of Investors’ Stock Equity in Foreign-invested Enterprises. Unless upon application by proper
parties or effective decisions by judicial or arbitral institutions with jurisdiction, the examination and approval authorities shall
not voluntarily alter the investors’ stock equity.

2.

Where the examination and approval authorities, while examining the application for alternation of investors’ stock equity in foreign-invested
enterprises, find alternating items that directly bear on major interests of others, they shall, in accordance with relevant provisions
of the Administrative License Law of the People’s Republic of China, inform the interested parties of the right to state, to defend
themselves and to request a hearing.

3.

The applicant for alternation of stock equity shall be responsible for the truthfulness of materials submitted. Where controversies
arise concerning the truthfulness of materials of application, the final decision is left to judicial organs with jurisdiction.

4.

Where the judicial organs find that relevant parties conduct deceptions or refuse to file relevant materials and evidence in accordance
with the requirements of the examination and approval authorities, the examination and approval authorities may revoke relevant documents
of approval in accordance with related laws, administrative regulations and rules.

General Office of the Ministry of Commerce

March, 18, 2006



 
General Office of the Ministry of Commerce
2006-03-18

 






123...83Page 2 of 83

CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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