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CIRCULAR OF THE NATIONAL DEVELOPMENT AND REFORM COMMISSION AND THE GENERAL ADMINISTRATION OF CIVIL AVIATION OF CHINA ON ADJUSTMENT IN THE PASSENGER FUEL SURCHARGE FOR DOMESTIC FLIGHTS

Circular of the National Development and Reform Commission and the General Administration of Civil Aviation of China on Adjustment
in the Passenger Fuel Surcharge for Domestic Flights

Fa Gai Jia Ge [2006] No.1683

The Development and Reform Commissions and Price Bureaus of all provinces, autonomous regions, and municipalities directly under the
Central Government, all District Administrations of CAAC and all Air Carriers:

Upon approval by the State Council, an adjustment in the passenger fuel surcharge for domestic flights will be implemented in light
with the recent change in domestic aviation fuel price. Notice on matters concerned is as follows:

1.

According to the adjustment, the passenger jetliner fuel surcharges on domestic flights for each passenger flying less than 800 kilometers
shall rise to 60 yuan from the current 30 yuan and those on routes over 800 kilometers shall pay a 100-yuan surcharge, up from 60
yuan The rises are to be implemented on September 1st, 2006, subject to flight times. Passengers who have booked the tickets in advance
are exempted from the recharge.

2.

Infants, charged by 10% of the general full, shall continue to be exempt from this surcharge; children (including unaccompanied children),
disabled revolutionary servicemen, and people’s police disabled while on duty, charged by 50% of the general full, shall continue
to be charged by half of the surcharge, namely 30 yuan for each passenger whose traveling distance is less than 800 kilometers, and
50 yuan over this distance.

3.

All levels of departments in charge of price shall protect the legitimate rights and interests of consumers by strengthening their
supervision and inspection over the implementation of the aviation transportation prices, and investigating and handling illegal
acts on price in time.

The National Development and Reform Commission

The General Administration of Civil Aviation of China

August 24 2006



 
The National Development and Reform Commission, the General Administration of Civil Aviation of China
2006-08-24

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON RELEVANT ISSUES CONCERNING THE ADMINISTRATION OF FOREIGN EXCHANGE ON FUND MANAGEMENT COMPANY’S OVERSEAS INVESTMENT IN SECURITIES

Circular of the State Administration of Foreign Exchange on Relevant Issues concerning the Administration of Foreign Exchange on Fund
Management Company’s Overseas Investment in Securities

Hui Fa [2006] No. 46
August 30, 2006

Branch offices and foreign exchange control departments of the State Administration of Foreign Exchange in all provinces, autonomous
regions and municipalities directly under the Central Government, branch offices in the cities of Shenzhen, Dalian, Qingdao, Xiamen
and Ningbo:

In order to meet the reasonable demands of domestic individual residents and institutions in overseas financial investment and assets
management, and to regulate the administration of foreign exchange on fund management company’s overseas investment in securities,
and in accordance with the spirit of the Announcement of the People’s Bank of China [2006] No. 5, a circular is hereby given on relevant
issues as follows:

Article 1

Where a fund management company handles the overseas investment in securities, it shall in advance obtain an approval, and obtain
a qualification in dealing with foreign exchange business, and a quota of overseas investment in securities from the local branch
offices or foreign exchange control departments (hereinafter referred to as the foreign exchange bureau) of the State Administration
of Foreign Exchange. And a fund management company may also apply for a qualification in dealing with foreign exchange business when
it applies for a quota of overseas investment in securities.

Article 2

A fund management company may apply for dealing with part or all of these foreign exchange businesses as follows:

(1)

Foreign exchange assets management;

(2)

Foreign exchange capital investment;

(3)

Foreign exchange inter-bank borrowings;

(4)

Status enquiry and advisory services;

(5)

Other businesses approved by the State Administration of Foreign Exchange.

A fund management company’s dealing with the businesses of foreign exchange assets management and foreign exchange capital investment
shall be in line with the relevant prescriptions of China Securities Regulatory Commission (hereinafter referred to as the CSRC).

Article 3

A fund management company shall apply to the local foreign exchange bureau for a qualification in dealing with foreign exchange business
with these documents as follows:

(1)

An application in written form covering the basic situation of the company, the internal organizational structure, r￿￿sum￿￿s and
relevant qualification certificates of the company’s higher managements in foreign exchange business, the feasibility analysis for
dealing with foreign exchange business, service conditions etc.;

(2)

A duplicated copy of the original copy of the Corporation License for Fund Management Company issued by the CSRC;

(3)

The company’s internal control management system and risk prevention measures in foreign exchange business;

(4)

The company’s financial statement of the previous year audited by an accounting firm, and a capital assessment report audited by
an accounting firm for the company which was established less than 1 year ago;

(5)

Other documents required by the foreign exchange bureau.

The local foreign exchange bureau shall, within 20 work days as of the date of receiving the complete application documents, give
an opinion of first instance in accordance with the Code of Procedure on Examining and Verifying the Fund Management Company’s Market
Access to Foreign Exchange Business (See Annex 1), and submit them, in accordance with the procedures, to the State Administration
of Foreign Exchange, which shall, within 20 work days as of the date of receiving the complete application documents, make a decision
of approval or rejection; and if approved, a License for Foreign Exchange Operation in Securities Business shall be issued.

Article 4

A fund management company shall apply to the local foreign exchange bureau for a quota of overseas investment in securities with
these documents as follows:

(1)

An application covering the basic situation of the applicant, the investment quota to be applied for, the fund type to be established
(open/close), the quantum of the fund to be issued, capital resources and a investment plan, and a model of the written agreement
to be concluded with the investors;

(2)

A License for Foreign Exchange Operation in Securities Business or the application documents prescribed in Article 3 of this Circular;

(3)

Documents or relevant evidentiary materials issued by the CSRC to approve its business of overseas investment in securities;

(4)

The company’s financial statement of the last year audited by an accounting firm;

(5)

Other documents required by the foreign exchange bureau.

The local foreign exchange bureau shall, within 20 work days as of the date of receiving the complete application documents, give
an opinion of first instance in accordance with the Code of Procedure on the Foreign Exchange Business of the Fund Management Company’s
Overseas Investment in Securities (See Annex 2), and submit them, in accordance with the procedures, to the State Administration
of Foreign Exchange, which shall, within 20 work days as of the date of receiving the complete application documents, make a decision
of approval or rejection; and if approved, an investment quota and fund quantum shall be clearly defined.

Article 5

A fund management company shall, with the relevant approval documents issued by the foreign exchange bureau, open a self-owned foreign
exchange capital account at a designated foreign exchange bank to deposit the foreign exchange capital and earnings of this company
hereof, and report to the local foreign exchange bureau for records within 5 work days as of the opening of the account hereof.

The scope of receipts of the self-owned foreign exchange capital account of a fund management company is: the remitted foreign exchange
capital, earnings from foreign exchange business and other foreign exchange receipts approved by the foreign exchange bureau, and
the scope of expenditures is: foreign exchange settlement, current expenses and capital account expenditures approved by the foreign
exchange bureau.

Article 6

A fund management company shall, with the approval documents of investment quota issued by the foreign exchange bureau, open a foreign
exchange account for overseas investment in securities to deposit the raised capital and subscription, redemption, dividend and other
foreign exchange capitals, and report to the local foreign exchange bureau for records within 5 work days as of the date of the opening
of this account hereof.

The scope of receipts of the foreign exchange account for overseas investment in securities of a fund management company is: capitals
raised from domestic individual residents and institutions, capitals drawn from domestic custody accounts, capitals remitted by domestic
individual residents and institutions for subscription of funds, and other foreign exchange receipts approved by the foreign exchange
bureau, and the scope of expenditures is: capitals drawn to domestic custody accounts, capitals for paying the investors dividends
and redemptions, and other foreign exchange expenditures approved by the foreign exchange bureau.

Article 7

A fund management company shall, after obtaining the investment quota approved by the foreign exchange bureau, conclude a custody
agreement with a domestic custodian and open a domestic custody account to custody all its assets for overseas investment in securities.
And a domestic custodian shall accord with the conditions prescribed by China Banking Regulatory Commission.

A fund management company shall, within 5 work days as of the date of the opening of this account hereof, file with the local foreign
exchange bureau for records the opening of this account hereof and the custody agreement.

The scope of receipts of a domestic custody account is: capitals drawn from the foreign exchange account for overseas investment in
securities of a fund management company, capitals drawn from an overseas foreign exchange settlement account, and other foreign exchange
receipts approved by the foreign exchange bureau, and the scope of expenditures is: capitals drawn to an overseas foreign exchange
settlement account, capitals drawn to the foreign exchange account for overseas investment in securities of a fund management company,
capitals for paying the investors dividends and redemptions, capitals for paying the custodian fees, management fees and fees for
various kinds of formalities, and other expenditures approved by the foreign exchange bureau.

Article 8

A domestic custodian shall open an overseas foreign exchange settlement account for a fund management company at an overseas custodian
agency, which is used in capital settlement business with the overseas securities registration and settlement institutions etc.,
and file with the State Administration of Foreign Exchange the opening of this account hereof within 5 work days as of the date of
the opening of this account hereof.

The scope of receipts of an overseas foreign exchange settle account is: capitals drawn from a domestic custody account, capitals
acquired through the sale of various kinds of overseas financial assets, dividend distribution and interest receipts and other receipts
approved by the foreign exchange bureau, and the scope of expenditures is: capitals drawn to a domestic custody account, capitals
for purchasing various kinds of overseas financial assets, capitals for paying relevant fees, and other expenditures approved by
the foreign exchange bureau.

Article 9

A fund management company may remit out and remit in the balance between the subscription and redemption of open funds through a
domestic custody account, and the accumulated net remit-out amount of a fund management company shall not exceed the investment scale
calculated on the basis of the investment quantum approved by the foreign exchange bureau.

Article 10

The subscription of funds by a domestic individual resident and institution shall be handled through banks with the written agreements
concluded between it and a fund management company. An individual, when subscribing funds, shall use its foreign exchange deposit
in a domestic bank rather than directly using foreign currency cash, and a domestic institution shall not subscribe funds with debt
foreign exchange capitals.

Article 11

The foreign exchange capitals acquired by a domestic individual resident and institution from the redemption and dividend of funds
shall undergo the formalities of withdrawal and transfer at a bank with a payment order from a fund management company, and be transferred
to its foreign exchange deposit account. An individual shall not directly draw cash or foreign exchange settlement from its foreign
exchange account for overseas investment in securities. The foreign exchange capitals acquired by a domestic institution from the
redemption and dividend of funds shall be transferred to its former foreign exchange account by a bank.

Article 12

A domestic custodian shall, in accordance with the prescribed pattern (See Annexes 1, 2 and 3), submit data to the State Administration
of Foreign Exchange within 7 work days after the end of each month, and conduct submission on international receipts and expenditures
in accordance with relevant prescriptions.

Article 13

The foreign exchange bureau of where a fund management company is located shall monthly tabulate and submit to the State Administration
of Foreign Exchange the openings and cancellations of the self-owned foreign exchange accounts, foreign exchange accounts for overseas
investment in securities, domestic custody accounts of the fund management companies within the jurisdiction of its own.

Article 14

A fund management company and bank in violation of the prescriptions in this Circular shall be punished by the foreign exchange bureau
in accordance with the Foreign Exchange Control Regulations of the People’s Republic of China and relevant administrative regulations
on foreign exchange. With regard to a domestic custodian in a gross violation, a fund management company may be instructed by the
foreign exchange bureau to change the custodian hereof; and with regard to a fund management company in a gross violation, the foreign
exchange bureau may cancel its investment quota or revoke its License for Foreign Exchange Operation in Securities Business.

Article 15

This Circular shall come into force as of the date of promulgation. All branch offices and foreign exchange control departments,
after receiving this Circular, shall timely redistribute this Circular to the central branch offices within their jurisdictions,
and redistribute this Circular and the annexed lists to the fund management companies and designated foreign exchange banks within
their jurisdictions. And if problems occur in the implementation, the State Administration of Foreign Exchange shall be timely informed.

Annexes

(1)

Code of Procedure on Examining and Verifying the Fund Management Company’s Market Access to Foreign Exchange Business (omitted)

(2)

Code of Procedure on the Foreign Exchange Business of the Fund Management Company’s Overseas Investment in Securities (omitted)

Annexed Lists

(1)

Monthly Report on Overseas Investment in Securities by Qualified Domestic Institutional Investor (I)

(2)

Monthly Report on Overseas Investment in Securities by Qualified Domestic Institutional Investor (II)

(3)

List on Capital Remit-outs and Remit-ins by Qualified Domestic Institutional Investor



 
State Administration of Foreign Exchange
2006-08-30

 






CIRCULAR OF THE PEOPLE’S BANK OF CHINA ON THE RELEVANT ISSUES ON THE INTEREST RATE OF THE LOANS FOR ETHNIC TRADE AND THE PRODUCTION OF ETHNIC ARTICLES DURING THE 11TH FIVE-YEAR PLAN

Circular of the People’s Bank of China on the Relevant Issues on the Interest Rate of the Loans for Ethnic Trade and the Production
of Ethnic Articles During the “11th Five-Year Plan”

Ying Fa [2006] No.315

Shanghai Head Office, all branches, business administration departments, central sub-branches of provincial capital cities of the
People’s Bank of China, and all state-owned commercial banks:

For the purpose of supporting the development of the ethnic minority regions, the People’s Bank of China, pursuant to the spirit of
the relevant instructions of the State Council, determined to continue offering preferential interest rates to the loans for ethnic
trade and the production of ethnic articles during the “11th five-year plan”. The relevant issues are notified as follows:

The People’s Bank, the Ministry of Finance and the State Ethnic Affairs Commission will actively make researches on new measures on
the interest discount of the loans for ethnic trade and the production of ethnic articles during the “11th five-year plan”. As for
the designated enterprises in the business of ethnic trade and the production of the commodities specially needed by minority ethnic
groups, all state-owned commercial banks shall, before the promulgation of new measures, continue carrying out the preferential interest
rate policy, under which the interest rate of the normal loan for current capital shall be lower than the benchmark interest rate
of the normal “one-year” loan for current capital by 2.88 percentage points and the preferential interest rate may not be floated,
and this preferential policy shall enter into force as of January 1, 2006. The range of the granting of the loans with preferential
interest rate, application for loan, administration of preferential interest rate, procedures for applying interest subsidies and
other relevant issues shall be done still according to the Notice on Continuing Granting Preferential Interest Rate to the Loans
for Ethnic Trade and the Production of Ethnic Articles (Yin Fa [1997] No.437 and the Notice of the People’s Bank of China on Issues
Concerning the Interest Rate of the Loans for Ethnic Trade and the Production of Ethnic Articles (Yin Fa [2003] No.8).

Shanghai Head Office, all branches, and the business administration departments of the People’s Bank of China shall intensify the
inspection and supervision of the carrying out of the preferential interest rate policy on the loans for ethnic trade and the production
of ethnic articles, and do well the work in respect of interest discount.

People’s Bank of China

September 6, 2006



 
The People’s Bank of China
2006-09-06

 






ANNOUNCEMENT OF NO.134, 2006 OF THE STATE ADMINISTRATION OF QUALITY SUPERVISION, INSPECTION AND QUARANTINE ON PROMULGATING THE INSTITUTION LIST ACQUIRING THE QUALIFICATION FOR INSPECTION AND APPRAISAL OF IMPORT AND EXPORT COMMODITIES

Announcement of No.134, 2006 of the State Administration of Quality Supervision, Inspection and Quarantine on Promulgating the Institution
List Acquiring the Qualification for Inspection and Appraisal of Import and Export Commodities

[2006] No.134

In accordance with Law of the People’s Republic of China on Import and Export Commodity Inspection, Measures for the Administration
of Import and Export Commodity Inspection and Authentication Institutions (Decree of the State Administration of Quality Supervision,
Inspection and Quarantine 2003, No.58) and the Announcement of the State Administration of Quality Supervision, Inspection and Quarantine
2003, No. 122, with the permission of the State Administration of Quality Supervision, Inspection and Quarantine after examining,
and an announcement is hereby given on the list of inspection and appraisal institutions acquiring the qualification for engaging
in inspection and appraisal of import and export commodities as follows:

1.

Dongwan Inspection and Testing Co., Ltd.

2.

Shanghai Specialized Technology Resources Co., Ltd.

3.

Shanghai Befake Inspection Co., Ltd.

4.

Hangzhou Ruike Textile Co., Ltd.

5.

Nanjing Jin’ao Inspection Co., Ltd.

6.

Shanghai Intertek Group Plc.

Beijing Branch, Qingdao Branch, Xuhui Branch and Kunming Branch

7.

Nanjing Jinli Inspection Co., Ltd.

8.

SGS Group Plc.

Changzhou Branch￿￿Suzhou Branch, Fuzhou Branch, Zhuhai Branch, Quanzhou Branch and Dongwan Branch

9.

Shanghai Lingxiang Inspection Technology Co., Ltd.

10.

Nanjing Jinjian Inspection Co., Ltd.

11.

Zhejiang Zhongheng Commodity Inspection Co., Ltd.

12.

Yangzhou Import and Export Toy Inspection Institute of PRC.

13.

Shenzhen Pengcheng Import and Export Commodities Inspection and Appraisal Institute Co., Ltd. , Shanghai Branch

14.

Zhejiang Jiuliang Commodity Inspection and Identification Co., Ltd.

15.

Bejing Tianyi International Inspection and Appraisal Co., Ltd.

16.

Shanghai Highlevels Surveying Co., Ltd.

17.

China Certification and Inspection (Group) Co., Ltd.

Jilin Co., Ltd. ,Henan Co., Ltd.

18.

Shanghai Xiangcheng Commodity Inspection Technology Service Co., Ltd.

The State Administration of Quality Supervision, Inspection and Quarantine

September13, 2006



 
The State Administration of Quality Supervision, Inspection and Quarantine
2006-09-13

 






REPLY OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON THE TAX EXEMPTION CONCERNING THE FRANCHISE ROYALTIES COLLECTED BY THE INTERNATIONAL OLYMPIC COMMITTEE

Reply of the Ministry of Finance and the State Administration of Taxation on the tax Exemption concerning the Franchise Royalties
Collected by the International Olympic Committee

Cai Shui [2006] No.133
September 21, 2006

Beijing Municipal Bureau of Finance, state tax bureaus and local tax bureaus:

We have received your Request for the Tax Exemption on the Franchise Royalties Collected by the International Olympic Committee (Jing
Cai Shui [2006] No.467), the reply is hereby given as follows:

A certain proportion of franchise royalties is collected by the International Olympic Committee on the franchise commodities exported
by the domestic franchise enterprises of the host country of Olympic Games base on the export wholesale price. The franchise royalties
fall into the incomes obtained by the International Olympic Committee within the territory of China and related to the 29th Olympic
Games. In accordance with the provision of Paragraph 1, Article 2 of the Circular of the Ministry of Finance, the State Administration
of Taxation and the General Administration of Customs on Several Issues Concerning the Tax Policies for the 29th Olympic Games (Cai
Shui [2003] No.10), we hereby consent to exempt the relevant taxes from the aforesaid income gained by the International Olympic
Games.



 
The Ministry of Finance, the State Administration of Taxation
2006-09-21

 






CIRCULAR OF THE MINISTRY OF FINANCE ON PRINTING AND DISTRIBUTING OF FINAL FINANCIAL AND ACCOUNTING STATEMENTS OF ENTERPRISES ABROAD FOR THE YEAR 2006

Circular of the Ministry of Finance on Printing and Distributing of Final Financial and Accounting Statements of Enterprises Abroad
for the Year 2006

Cai Qi [2006] No.341

Relevant departments under the Central Committee of the CPC, relevant ministries and commissions of and relevant institutions directly
under the State Council, General Office of the Standing Committee of National People’s Congress, General Office of the CPPCC, Higher
People’s Courts, Higher People’s Procuratorates, relevant mass organizations, Xinjiang Production and Construction Corps, departments
(bureaus) of the public finance of all provinces, autonomous regions, municipalities directly under the Central Government and cities
specifically designated in the state plan, and relevant enterprises directly under the Central Government:

For the purpose of ensuring correct formulation of accounting statements of enterprises abroad for the year 2006 and keeping breast
in a timely manner of the financial conditions and operating results of state-owned enterprises (administrative organs) abroad, the
Ministry of Finance hereby prints and distributes the Final Financial and Accounting Statements of Enterprises Abroad for the Year
2006 to you all, and related matters are notified as follows:

I.

This set of statements shall apply to state-owned enterprise groups abroad invested and established outside the territory of the People’s
Republic of China or in Hong Kong and Macao Special Administrative Regions, domestic investment entities that have established enterprises
abroad or administrative organs abroad outside the territory of China or in Hong Kong and Macao Special Administrative Regions and
enterprises abroad directly invested and controlled by the domestic investment entities as mentioned above.

The state-owned enterprise groups abroad refer to China Merchant Group Co., Ltd Hong Kong, China Travel Service (Holdings) Hong Kong
Limited, China Resources (Holdings) Co., Ltd, Macao Nam Kwong (Group) Company Limited and relevant local enterprise groups abroad.

Finance and insurance enterprises abroad are not within the scope of filling-in of this set of statements prescribed in the Circular
herein.

II.

This set of statements shall be submitted to a higher body by the state-owned enterprise groups abroad and domestic investment entities
after consolidation or collection of all the accounting statements and materials of enterprises abroad. All state-owned enterprise
groups abroad and domestic investment entities shall, in accordance with the requirements as prescribed in this Circular, carry out
in a serious manner the arrangement and organization of accounting statements of their subordinate enterprises abroad.

III.

The statements of enterprises abroad for the year 2006 of all state-owned enterprise groups abroad and domestic investment entities
shall be filled in on the basis of final accounting results and relevant documents on December 31, 2006. In addition, the work of
typing, examination and approval, and collection shall be done in a serious manner so as to ensure the authenticity, completeness
and legitimacy of the data.

IV.

The Final Financial and Accounting Statements of Enterprises Abroad for the Year 2006 shall be filled in and typed separately for
each enterprise with U.S dollars as the unit of amount. Where other foreign currencies are to be converted into U.S. dollars, the
middle price of the exchange rates of the functional currency declared by the local bank thereabout on December 31, 2006 against
U.S dollars shall be complied with.

V.

This set of statements shall serve as the uniform format of final accounting statements submitted to competent financial authorities
by enterprises abroad. Departments (bureaus) of the public finance of all provinces, autonomous regions, municipalities directly
under the Central Government and cities specially designated in the state plan, departments (entities) directly under the Central
Government and relevant enterprises directly under the Central Government shall, on the basis of errorless examination and verification
of the data of statements of enterprises abroad under their jurisdiction, submit one copy of the following materials to the Enterprise
Department of the Ministry of Finance before July 31, 2007. Enterprises directly under the Central Government shall, while submitting
this set of statements to the Ministry of Finance, submit another copy to the State-owned Assets Supervision and Administration Commission
of the State Council. The specific contents to be submitted are listed as follows:

1.

Collective Accounting Statement (with “1000 U.S. dollars” as the unit of amount). It shall be bound in order of the statement cover,
the tree derivation of enterprises within the scope of compilation (not required of local enterprises), the main form, the attached
table, the table of basic conditions of enterprises abroad, the analytical statement of changes of the number of enterprises within
the scope of compilation. Signature and official seal shall be essential herein.

2.

Notes to the Accounting Statements. See Appendix 3 for details, concrete contents and requirements thereof.

3.

Directions of Financial Conditions, which mainly include the following contents:

(1)

The scope of consolidation or collection of accounting statements of enterprises abroad, the changes of the number of enterprises
in the year 2006 and the causes thereof;

(2)

The basic conditions of production and operation of enterprises abroad;

(3)

The realization and distribution of profits;

(4)

The increase and decrease and turnover of capital;

(5)

Brief analysis of the assets quality of enterprise abroad, such as analysis of the age of accounts receivable and analysis of income
from investment.

(6)

Significant financial transactions of enterprises abroad such as heavy losses of assets, the tendering of external guarantee, transactions
involving unsettled lawsuits and arbitration, mortgage of property and risk businesses beyond the authorized scope of business.

(7)

The tax policy and adjustment of tax payment of the country (region) where the enterprise abroad locates, and

(8)

Other transactions that have significant influences on the financial conditions, operational results and cash flow of the enterprise
as well as other matters that need elaboration and reflection.

4.

Soft disks of collective data and separate data for each enterprise (with U.S. dollar as the unit of amount).

VI.

The software of data processing of the Final Financial and Accounting Statements of Enterprises Abroad for the Year 2006 shall be
separately distributed later.

All entities and regions, where any question emerges in the process of the formulation and submission of the statements, shall contact
the Enterprise Department of the Ministry of Finance in a timely manner.

Appendix:

(1)

Final Financial and Accounting Statements of Enterprises Abroad for the Year 2006 (Omitted)

(2)

Descriptions to the Formulation of Final Financial and Accounting Statements of Enterprises Abroad for the Year 2006 (Omitted)

(3)

Synopsis of the Notes to the Accounting Statements (Omitted)

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

September 30, 2006



 
The Ministry of Finance
2006-09-30

 






CIRCULAR OF THE GENERAL OFFICE OF STATE ENVIRONMENTAL PROTECTION ADMINISTRATION ON APPROVAL OF DESIGNATED PROCESSING AND UTILIZATION ENTITIES OF IMPORTED WASTE HARDWARE AND ELECTRICAL APPLIANCES, WASTE ELECTRICAL WIRE AND CABLE, AND WASTE ELECTROMOTORS OF 2007

Circular of the General Office of State Environmental Protection Administration on Approval of Designated Processing and Utilization
Entities of Imported Waste Hardware and Electrical Appliances, Waste Electrical Wire and Cable, and Waste Electromotors of 2007

Huan Ban [2006] No. 119

The Environmental Protection Bureaus (Departments) of all provinces, autonomous regions and municipalities directly under the Central
Government:

For the purpose of further standardizing the administration of processing and utilization entities of imported waste hardware and
electrical appliances, waste electrical wire and cable, and waste electromotors (hereinafter referred to as ” waste hardware and
electrical appliances type waste”), the State Environmental Protection Administration has decided, in the process of the approval
of designated processing and utilization entities of imported waste hardware and electrical appliances type waste (hereinafter referred
as ” designated entities”), to continue to carry out control of the aggregates and carry forward zone-enclosure administration and
to make optimal adjustment to designated entities. Related matters are hereby noticed as follows:

1.

The assessment procedure of designated entities shall be further standardized. The Environmental Protection Bureaus (Departments)
of all provinces, autonomous regions and municipalities directly under the Central Government shall organize assessment on existing
designated entities and enterprises that are under application for status as newly-added designated entities within their jurisdiction
strictly in accordance with the requirements prescribed in Examination and Assessment Criteria of Environmental Protection Acceptance
of Designated Processing and Utilization Enterprises of Imported Waste Hardware and Electrical Appliances, Waste Electrical Wire
and Cable and Waste Electromotors (Huan Han [2004] No. 344) (hereinafter referred to as Assessment Criteria). The assessment results
shall be notified to the public in line with procedures by means of news media such as local newspapers and websites with a notification
period of not less than 10 days. The Environmental Protection Bureaus (Departments) of all provinces, autonomous regions and municipalities
directly under the Central Government shall gather together and submit the name lists and relevant materials of entities who get
an assessment mark of 80 or above and have been through notification period to State Environmental Protection Administration for
examination and approval before November 20, 2006. Those who fail to meet the deadline shall not be accepted.

2.

Structural adjustment of existing designated entities shall be carried forward in an orderly way. In the process of the assessment
of designated entities, the Environmental Protection Bureaus (Departments) of all provinces, autonomous regions and municipalities
directly under the Central Government shall carry out serious examinations on existing designated entities. Decisive measures shall
be taken to discard and eliminate enterprises that fall short of Assessment Criteria, those of disorderly management and outdated
processing equipment and technologies, incompetent in prevention and control of pollution, with related waste operation records inconsistent
with de facto import, as well as those with records of violations of the law and regulations in particular. Those who did not actually
import and utilize waste in 2006 shall without exception be given an assessment as enterprises under application for status as newly-added
designated entities.

3.

Control of the aggregates shall be carried out and zone-enclosure administration shall be promoted. In 2007, principles of control
of the aggregates and survival of the fittest shall be applied to the approval of designated entities. Quantity of designated entities
within zones that are under “zone-enclosure administration” pilot scheme of imported waste processing approved by State Environmental
Protection Administration may be increased whereas that of designated entities outside of enclosure zones shall not be increased.
In case there is an actual need for an increase of designated entities, elimination of the last shall be imposed on existing designated
entities that fail to meet the assessment criteria while enterprises, those top-ranked ones with advanced technologies, standardized
management and up to the environmental protection standard, in particular, shall be selected among those under application for status
as newly-added designated entities that are up to the Assessment Criteria in accordance with their assessment results and shall be
submitted to State Environmental Protection Administration for examination and verification.

4.

The State Environmental Protection Administration shall carry out examinations and verification of application materials for designated
entities submitted by the Environmental Protection Bureaus (Departments) of all provinces, autonomous regions and municipalities
directly under the Central Government and shall organize some province-level environmental protection departments to make on-spot
inspections and mutual inspections into designated entities. As for those who are discovered of violations of the law and regulations
such as fraud and deception during the examinations and spot-inspections, the State Environmental Protection Administration shall
not give ratification to their status as designated entities and shall conduct serious investigation and handling hereupon in accordance
with the law. As regards local environmental protection departments with incompetent administration and knotty problems, the State
Environmental Protection Administration shall circulate a notice of criticism on them.

5.

The list of designated entities of 2007 examined and approved by the State Environmental Protection Administration shall be notified
to the public by dint of the portal of the State Environmental Protection Administration and the website of the Wastes Import Registration
Management Center and shall be affirmed and confirmed by promulgation.

Appendix￿￿Application Form for Designated Processing and Utilization Entities of Imported Waste Hardware and Electrical Appliances,
Waste Electrical Wire and Cable, and Waste Electromotors (Omitted)

General Office of State Environmental Protection Administration

October 13, 2006



 
General Office of State Environmental Protection Administration
2006-10-13

 






ANNOUNCEMENT NO.90 2006 OF THE MINISTRY OF COMMERCE ON THE TOTAL VOLUME OF EXPORT QUOTA OF AGRICULTURAL PRODUCTS, INDUSTRIAL PRODUCTS AND SILK PRODUCT IN 2007

Announcement No.90 2006 of the Ministry of Commerce on the Total Volume of Export Quota of Agricultural Products, Industrial Products
and Silk Product in 2007

No.90

In accordance with the Regulations of the People’s Republic of China on the Administration of the Import and Export of Goods and the
Administrative Measures on Quotas for Export Commodities, we hereby release the total volume of export quota of agricultural products,
industrial products and silk products in 2007. Quota applicants who meet the requirements may submit applications to the administrative
departments of commerce of each province, autonomous region, municipality directly under the Central Government, city specially designated
in the state plan, and the Xinjiang Production and Construction Corps or may submit applications directly to the Ministry of Commerce
under the related provisions. The period of application acceptance for the Ministry of Commerce is as from November 1, 2006 to November
15,2006.

Appendix: the Total volume of Export Quota of Agricultural Products, Industrial Products and Silk Products in 2007

The Ministry of Commerce

October 30, 2006



￿￿￿￿ҳ 1

￿￿

Appendix:

Total Volume of Export Quota of Agricultural Products, Industrial Products and Silk Products in 2007

￿￿

Category

Name of Commodities

Unit

Total Volume of Quota

Others

Agricultural Products

Sawn Timber

10 000 cubic meters

11.00

￿￿

Live Pigs (Large-Weighted)

10 000

176.00

￿￿

In which￿￿Hong Kong

10 000

161.00

￿￿

Macao

10 000

15.00

￿￿

Live Pigs (Middle-Weighted)

10 000

10.40

￿￿

In which￿￿Hong Kong

10 000

10.00

￿￿

Macao

10 000

0.40

￿￿

Live Ox

10 000

5.65

￿￿

In which￿￿Hong Kong

10 000

5.00

￿￿

Macao

10 000

0.65

￿￿

Live Chicken

10 000

1325.00

￿￿

In which￿￿Hong Kong

10 000

1000.00

￿￿

Macao

10 000

325.00

￿￿

Rush and Rush Products

10 000 kilograms

3700.00

￿￿

Industrial Products

Tungsten and Tungsten Products￿￿equivalent amount of metal￿￿

10 000 tons

1.54

￿￿

Antimony and Antimony Products

10 000 tons

6.18

￿￿

Tin and Tin Products

10 000 tons

3.70

￿￿

licorice root and its products

ton

7100.00

￿￿

White Silver

ton

4500.00

￿￿

Fluorite

10 000 tons

68.50

￿￿

talc

10 000 tons

62.00

￿￿

Silicon carbide

10 000 tons

21.80

￿￿

Light-burned (dead burned) magnesia

10 000 tons

132.70

￿￿

alumina

10 000 tons

95.00

￿￿

Silk Products

Silk

ton

21000.00

.

Silkworm Cocoon

ton

300.00

￿￿

MEASURES CONCERNING THE ADMINISTRATION OF WHOLESALE, RETAIL AND LEASE OF AUDIO AND VIDEO PRODUCTS

Decree of the Ministry of Culture

No.40

After the deliberation and adoption at the ministerial meeting of the Ministry of Culture on October 25, 2006, the Measures concerning
the Administration of Wholesale, Retail and Lease of Audio and Video Products are hereby released, and shall enter into force as
of December 1, 2006.
The Ministry of Culture

November 6, 2006

Measures concerning the Administration of Wholesale, Retail and Lease of Audio and Video Products
Chapter I General Rules

Article 1

In order to enhance the administration of wholesale, retail and lease of audio and video products, promote the development and flourish
of the audio and video industry, enrich the cultural life of the masses and promote the construction of socialist material civilization
and spiritual civilization, these Measures are made according to the related provisions of the Regulation concerning the Administration
of Audio and Video Products.

Article 2

These Measures shall be applicable to such activities as the wholesale, retail, and lease, etc. of such audio and video products
as audio tapes, video tapes, gramophone records, compact discs and laser discs, etc. with recorded contents.

Article 3

People conducting the wholesale, retail and lease of audio and video products shall comply with the Constitution and the related
laws and regulations, insist in the orientation of serving people, socialism, and disseminate ideas, morals, scientific and technical
and cultural knowledge beneficial to economic development and social progress.

Article 4

The operation of the audio and video products are prohibited by the state if recorded with any of the following content:

(1)

the content which defies the basic principles determined in the Constitution;

(2)

the content which hurts the national unity, sovereignty or territorial integrity;

(3)

the content which divulges the state secrets, hurts national security or damages the honor or benefits of the state;

(4)

the content which incites the hatred or discrimination of the nationality, damages the solidarity of nationalities, or infringes upon
nationality customs and habits;

(5)

the content which propagates evil cult or feudalistic superstition;

(6)

the content which disturbs the public order or destroys the public stability;

(7)

the content which propagates obscenity, gambling, violence or instigates crimes;

(8)

the content which insults or slanders others, or infringes upon the lawful rights and interests of others;

(9)

the content which endangers public ethics or the excellent national cultural traditions;

(10)

any other content prohibited by any law, administrative regulation, or provision of the state.

Article 5

The Ministry of Culture shall be responsible to supervise and administrate the wholesale, retail and lease of audio and video products
nation-wide.

The cultural affairs administrative department under the local people’s government at or above the county level shall be responsible
to supervise and administrate the wholesale, retail and lease of audio and video products within its own jurisdiction.

Article 6

The state shall apply a license system in aspect of the wholesale, retail and lease of audio and video products. No entity or individual
shall get into the wholesale, retail and lease of audio and video products without permission.

The licenses or approval documents distributed according to these Measures may not be altered, resold, leased, lent, or illegally
transferred in any other form.

Article 7

The Ministry of Culture shall institute the development programming concerning the nationwide market of audio and video products,
and exert macro control over the nationwide market of audio and video products.

The cultural affairs administrative department under the people’s government of the province, autonomous region, or municipality directly
under the Central Government shall, in accordance with the development programming concerning the nationwide market of audio and
video products and the economic and social development of its own region, institute development programs concerning the market of
audio and video products of its own region, and lead healthy development of such a market.

Article 8

The entities conducting the audio and video business are encouraged and supported by the state to circulate domestic audio and video
products and to build up the issuing network and sell audio and video products in the rural areas.

Article 9

Both the cultural affairs administrative department and its functionaries must not, directly or in a disguised form, undertake the
business activities in aspect of the wholesale, retail and lease of audio and video products, or take part in the business activities
of the entities engaged in the wholesale, retail or lease of audio and video products.

Chapter II Operating Entities

Article 10

In order to apply for the establishment of an audio and video product wholesaling entity, the applicant shall report to the cultural
affairs administrative department of the people’s government of the province, autonomous region or the municipality directly under
the central government where it is located to examine and approve, and shall submit the materials as follows:

(1)

an application form including the name, address of the audio and video product wholesaling entity, the name and address of its legal
representative or the chief person in charge, and the major matters on the application;

(2)

a circular concerning the prior approval of the name, and the rules ;

(3)

the registered capital amount and its evidential documents;

(4)

certificate of the property right of the business premise or letter of leasing intent;

(5)

evidential materials concerning the identity of the legal representative or the chief person in charge;

(6)

evidential materials concerning the institutions and personnel proper to the needs of its business scope; and

(7)

other materials as stipulated by laws and administrative regulations.

The cultural affairs administrative department shall, within 30 days from receiving the application, make a decision concerning approving
the application or not. If the application is approved, a License for Operating Audio and Video Products shall be released to the
applicant, and be submitted to the Ministry of Culture for record. The applicant shall obtain the business license according to the
law in the administrative department of industry and commerce with the License for Operating Audio and Video Products; if the application
is disapproved, the reason thereof shall be stated.

Article 11

In order to apply for the establishment of an audio and video product retailing or leasing entity or where an individual applies
for the engagement of the audio and video product retailing or leasing business, the applicant shall report to the cultural affairs
administrative department of the local people’s government at the county level for examination and approval, and shall submit the
materials as follows:

(1)

an application form including the name of the retailing or leasing entity or the business name of the individual and the address,
the name and address of its legal representative or the chief person in charge, and the major matters on the application;

(2)

a circular concerning the prior approval of the name, and the rules;

(3)

certificate of the property right of the business premise or letter of leasing intent;

(4)

evidential materials concerning the identity of the legal representative or the chief person in charge; and

(5)

other materials as stipulated by laws and administrative regulations.

The cultural affairs administrative department shall, within 30 days from receiving the application, make a decision on approving
the application or not. If the application is approved, a License for Operating Audio and Video Products shall be released to the
applicant, and be reported to the cultural affairs administrative department of the local people’s government at the next higher
level for record. The applicant shall obtain the business license according to the law in the administrative department of industry
and commerce with the License for Operating Audio and Video Products; if the application is disapproved, the reason thereof shall
be stated.

An audio and video product wholesaling entity established upon approval may conduct the audio and video retailing and leasing businesses
on the business premise formerly approved for the wholesaling business.

Article 12

In accordance with the related provisions of the state, an audio and video product publishing entity may wholesale and retail the
audio and video products published by itself. If it intends to get into the business of wholesaling or retailing audio and video
products not published by itself, it shall handle the formalities of examination, approval and registration according to Articles
10 and 11 of these Measures.

Article 13

For the purpose of establishing a chained operation entity of audio and video products, the applicant shall satisfy the conditions
as follows:

(1)

having a certain name and rules;

(2)

having a certain business scope;

(3)

having at least 1 million Yuan of registered capital, or at least 5 million Yuan of registered capital if conducting nationwide chained
operations;

(4)

planning to develop 5 or more direct-operation chained stores or 10 or more chained stores of audio and video products;

(5)

having an institution and personnel fit for the needs of its business scope;

(6)

having relevant management system and computer management conditions; and

(7)

other conditions stipulated by laws and administrative regulations.

Article 14

In order to apply for the establishment of a chained operation entity of audio and video products, the applicant shall report to
the cultural affairs administrative department of the people’s government of the province, autonomous region, or the municipality
directly under the central government where it is located; the application for establishing nationwide chained operation entities
of audio and video products shall be examined and approved by the cultural affairs administrative department under the people’s government
of the province, autonomous region or municipality directly under the Central Government where the applicant’s headquarters is located
before it is submitted to the Ministry of Culture for examination and approval.

The following materials hereby shall be submitted by the applicant entity:

(1)

an application form including the name, address of the applying entity, the name and address of its legal representative or the chief
person in charge, and the major matters on the application;

(2)

a circular concerning the prior approval of the name, and the rules;

(3)

amount of the registered capital and its evidential documents;

(4)

certificate of the property right of the business premise or letter of leasing intent;

(5)

evidential materials concerning the identity of the legal representative or the chief person in charge;

(6)

information concerning the institution, distributing departments and systems of distribution management of the chained operation entity
of audio and video products;

(7)

evidential materials concerning the related computer management conditions; and

(8)

other materials as stipulated by laws and administrative regulations.

The cultural affairs administrative department shall, within 30 days from receiving the application, make a decision on approving
the application or not. If the application is approved, a License for Operating Audio and Video Products shall be released to the
applicant, who shall obtain the business license according to the law in the administrative department of industry and commerce with
the License for Operating Audio and Video Products; if the application is disapproved, the reason thereof shall be stated.

Without approval and registration, the characters of “chained operation” must not be used by anyone in the name of an entity, and
anyone may not engage in the business activities of wholesale, retail and lease of audio and video products by ways of chained operation.

Article 15

A chained operation entity of audio and video products may adopt either the pattern of direct chained operation or that of franchise
chained operation, or may operate by both ways. It shall have at least one year of experience in direct chained operation and have
the approval of the original approving department if it chooses the franchise chained operation.

Direct chained operation refers to the uniform operation which is under the direct management of the headquarters, and under which
all the chained stores are opened by the headquarters in wholly-owned form or shareholding form.

Chained operation in the form of franchise shall refer to that the chained stores are established by the headquarters through participating
in shares or, have no asset contact with the headquarters but are authorized the franchise to use the trademark, name, operational
techniques of the headquarters and to sell commodities of headquarters through signing contracts with the headquarters.

The distributing center and the direct-operation chained stores of the chained operation entities of audio and video products shall
use the shop name of their headquarters in their own names. Franchised chained stores may, also use the shop name of their headquarters
upon consent by their headquarters.

Article 16

There is no need for an audio and video chained operation entity built up upon approval to obtain a separate License for Audio and
Video Products Operation to open direct-operation chained stores or build up chained operation counters, but may, after reporting
to the cultural affairs administrative department of the county people’s government of the place where the store is to be located,
obtain the business license at the administrative department of industry and commerce in accordance with law upon the strength of
the copy of the License for Audio and Video Products Operation released by the headquarters of the chained operation entity.

Where an audio and video chained operation entity built up upon approval opens a franchise chained store, it must transact the examination
and approval formalities according to the related provisions of Article 11 of these Measures; where it has already obtained the
License for Audio and Video Products Operation, it shall transact the modification formalities according to the related provisions.

Article 17

Whoever applies for the establishment of an entity conducting the business of operating audio and video products through information
network, it shall transact the examination and approval formalities with reference to the related provisions in Article 10 of these
Measures and report the information concerning its website name or the names of the websites linked to it, its address, its email
address and other materials to the cultural affairs administrative department of the people’s government of the province, autonomous
region, or the municipality where it is located for record.

Article 18

An audio and video product wholesaling or chained operation entity may get into the operation business of audio and video products
through the information network, but it shall, before starting its operations, prepare its License for Audio and Video Products Operation,
its website name or the names of the websites linked to it, its email address, and other materials to report to the cultural affairs
administrative department under the people’s government of the province, autonomous region, or municipality directly under the Central
Government where it is located for approval.

Article 19

An applicant who applies for conducting the wholesaling, retailing or leasing business of audio and video products shall hand in
the related materials to the administrative organ in accordance with the facts and shall be responsible for the authenticity of the
application materials.

Article 20

The cultural affairs administrative department shall publicize the approval documents concerning establishing the wholesaling, retailing,
leasing or chained operation entities, or establishing the entities that may conduct the audio and video products operation through
the information network, or the individuals that may involve in the wholesaling or leasing business of audio and video products,
the public has the right to consult these documents.

Chapter III Operation and Management

Article 21

The entities or individuals that conduct the business of the wholesale, retail and lease of audio and video products shall not operate
the audio and video products as follows:

(1)

those published by an entity that does not conduct the audio and video products publication or those illegally published by an entity
that conducts the audio and video products publication;

(2)

those reproduced by an entity that does not conduct the of audio and video products reproduction or those illegally reproduced by
an entity that conducts the audio and video products reproduction;

(3)

those imported without being approved by the Ministry of Culture;

(4)

those imported for reference in research or teaching or for exhibition or display;

(5)

those that infringe upon other’s copyright; and

(6)

other illegal audio and video products.

Article 22

The entities or individuals that conduct the business to retail and lease audio and video products shall purchase audio and video
products from the audio and video product publishing and wholesaling entities for operation.

As for an audio and video product publishing or wholesaling entity wholesales audio and video products, it shall supply the consignment
voucher according to the related provisions of the state. The consignor entity or the consignee entity shall keep the consignment
vouchers and the related documentary materials for 2 years since the date of the consignment for future inspection.

When selling audio and video products, an audio and video product retailing entity or an individual involving in the business of retailing
audio and video products shall, issue an invoice with the indication of the name, price and amount of the audio and video products.

An audio and video product leasing entity or an individual conducting the business of leasing audio and video products shall register
the time, name and quantity of the leased audio and video products, etc.

Article 23

The anti-forgery marks produced under the supervision of the Ministry of Culture shall be pasted on the audio and video products
published by audio and video product publishing entities and those imported by finished audio and video product import entities.

Article 24

An audio and video product wholesaling, retailing and leasing entity or an individual conducting the business of retailing and leasing
audio and video products shall place its/his License for Audio and Video Products on a marked position in its/his business site.

A direct-operation chained store or chained operation counter shall place the copy of its License for Audio and Video Products Operation
on a marked position in its/his business site.

Article 25

An entity involving in the business to operate audio and video products through the information network shall indicate the serial
number and issuance department of the License for Audio and Video Products Operation on its website or web page. For the audio and
video products in operation, the name, publishing entity, and the audio and video products code under Chinese standards shall be
indicated. If an audio and video product is an imported one, the document number of the approval certificate for import shall be
indicated simultaneously.

Article 26

An audio and video product wholesaling or chained entity shall report the concrete address of its warehouse or distributing center
of audio and video products, the management personnel and the related contact information to the cultural affairs administrative
department which approves it for registration and record within 30 days as of the issuance date of the License for Audio and Video
Products Operation. In case that there is any change concerning such information, it shall report it to the cultural affairs administrative
department which approves it for record within 15 days as of the change date.

Article 27

Any entity or individual must not consign, mail, transport or store the audio and video products prohibited by Article 4 or Article
21 of these Measures from operation, or provide such advantageous conditions as premise or agency for the audio and video products
operation prohibited by Article 4 or Article 21 of these Measures.

Article 28

The cultural affairs administrative department of the people’s government at or above the county level shall enhance the supervision
and management concerning the exhibition, fair, order-placing meeting and other exhibiting activities of audio and video products
according to the related state provisions.

Article 29

The cultural affairs administrative department in-charge of the local people’s government at or above the county level shall accept
the application for appraising whether the audio and video products are illegal or not.

At the time of application, the applicant shall file the application in written form to the cultural affairs administrative department
under the local people’s government at the county level at the place where the audio and video products are acquired, and shall,
hand in the samples of the audio and video products and the related documents and fill in an appraisal registration form of audio
and video products. The source, name, quantity, date and place of acquisition of the audio and video products and the appraisal purpose
and requirements shall be stated in the application letter.

An cultural affairs administrative department that accepts an application for appraising audio and video products shall appoint at
least 2 personnel who are accomplished in the appraisal business to undertake the appraising work, and shall make appraisal conclusion
and issue the written appraisal letter within 10 days since the application acceptance.

The name, vehicle, publishing entity, code under Chinese standards, laser digital storage chip source identification code, anti-forgery
mark and other major features of the audio and video products applied for appraisal, name and address valid certificate and contact
information of the applicant, and the appraisal results and so on shall be indicated in the appraisal letter of audio and video products.

In case the party concerned has any objection to the test results, he may request the cultural affairs administrative department at
a higher level for re-check within 15 days from the day of his receiving the written appraisal letter,, and the cultural affairs
administrative department at the higher level shall issue the written conclusion on re-check within 15 days from the day of its receiving
the application for re-check.

Article 30

In case an audio and video product wholesaling, retailing or leasing entity or a chained operation entity of audio and video products
wants to amend its name, business scope, or to merge another audio and video product wholesaling, retailing or leasing entity or
chained operation entity of audio and video products, or build up another audio and video product wholesaling, retailing or leasing
entity or chained operation entity of audio and video products due to merger or split-up, it shall, transact the formalities of approval
and registration according to the Regulation concerning the Audio and Video Products Administration, these Measures and the related
provisions concerning enterprise registration administration.

In case an audio and video product wholesaling, retailing or leasing entity or a chained operation entity of audio and video products
intends to amend its address, legal representative or principal person-in-charge or to stop its business activities, or in case an
individual involving in the business of retailing or leasing audio and video products wants to amend his business scope, address
or to stop his business activities, it/he shall go through the modification registration or cancellation registration in the administrative
department for industry and commerce that handled the original registration, and shall report to the administrative department of
cultural affairs that granted the original approval for record within 30 days since the registration date. However, if the modification
of the address exceeds the scope of jurisdiction of the original organ that released the license, it/he shall go through the formalities
of examination, approval and registration according to the former paragraph.

Article 31

The cultural affairs administrative department of the local people’s government at or above the county level shall enhance the training
of the employees of the audio and video product wholesaling, retailing or leasing entities for improving the employees’ ability for
understanding the regulations and policies concerning audio and video market and discerning the illegal audio and video products.

Chapter IV Legal Liabilities

Article 32

As for the cultural affairs administrative department or their functionary, by taking advantage of its/his office, accepts the properties
or benefits from others, and approves an audio and video product wholesaling, retailing or leasing entity which does not satisfy
the legal conditions for establishment, or does not conduct its/his duties for supervising, or does not investigate the illegal acts
it/he has found, thus resulting in serious consequences, the person in charge held responsible and other persons held to be directly
responsible shall be subject to criminal liabilities according to the provisions in the Criminal Law concerning the crime of bribes
acceptation, of power abuse, of duty neglector other crime; if the case is not serious enough for him to be imposed upon criminal
punishments, he shall be imposed upon an administrative sanction of demotion or dismissal from his post.

Article 33

In case that any functionary in the cultural affairs administrative department is involved in business activities of wholesaling,
retailing or leasing audio and video products directly or in a disguised form, or takes part in the business activities of an audio
and video product wholesaling, retailing and leasing entity directly or in a disguised form, he shall be imposed upon an administrative
sanction of dismissal from his post or dismissal according to the law.

In case that the cultural affairs administrative department has any of the acts enumerated in the preceding paragraph, the person
in charge held responsible and other persons held to be directly responsible shall be punished according to the preceding paragraph.

Article 34

In case an audio and video product wholesaling, retailing or leasing entity or individual knows perfectly or should know the fact
that the audio and video products it operates including any content prohibited by Article 4 of these Measures, the cultural affairs
administrative department or the law enforcement body authorized subject to law shall order it to terminate the business for internal
rectification and confiscate its audio and video products under illegal operation and its illegal proceeds. If the amount of illegal
operation fund exceeds 10,000, it shall be imposed upon a fine of more than 5 times but less than 10 times the amount of illegal
operation fund in addition; if the amount of illegal operation fund does not exceed 10,000 Yuan, it shall be imposed upon a fine
of at most 50,000 Yuan in addition. As for serious circumstances, its license shall, in addition, be revoked by the original organ
that released it. If he is suspected of a crime, he shall be sent to the judicial department and investigated of the criminal liabilities
according to the law.

Article 35

In case an audio and video product wholesaling, retailing or leasing entity or individual amends its name or business name, address,
legal representative or principal person-in-charge, business scope and so on Without transacting the formalities of examination,
approval and record according to these Measures, the cultural affairs administrative department or the law enforcement body authorized
subject to law shall order it to correct and impose a warning upon it, as for the serious circumstance, order it to stop its business
for rectification or revoke its license.

Article 36

In case any entity commits any of the following acts, the cultural affairs administrative department or the law enforcement body
authorized subject to law shall order it to cease the illegal act, give it a warning and confiscate its audio and video products
under illegal operation and its illegal proceeds. If the amount of illegal operation fund exceeds 10,000 Yuan, it shall be imposed
upon a fine of more than 5 times but less than 10 times the amount of illegal operation fund in addition; if the amount of illegal
operation fund does not exceed 10,000 Yuan, it shall be imposed upon a fine of more than 10,000 Yuan but less than 50,000 Yuan in
addition. As for serious circumstances, its license shall, in addition, be revoked by the original organ that released it. If it
is discredited of a crime, it shall be sent to the judicial department and investigated of the criminal liabilities according to
the law.

(1)

those published by an entity that does not get into the audio and video products publication or those illegally published by an entity
that get into the audio and video products publication;

(2)

those reproduced by an entity that does not get into the audio and video products reproduction or those illegally reproduced by an
entity that get into the audio and video products reproduction;

(3)

those imported without approval from the Ministry of Culture;

(4)

those imported for reference in research or teaching or for exhibition or display; or

(5)

other illegal audio and video products.

Article 37

Any of the following circumstances shall be considered as a “serious circumstance” as mentioned in Articles 34, 35 and 36 of these
Measures:

(1)

Going against the Regulation concerning the Audio and Video Products

CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION AND THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON THE RELATED MATTERS ON THE EXPORT TAX REBATE FOR THE EXPORT GOODS UNDER FORWARD FOREIGN EXCHANGE COLLECTION

Circular of the State Administration of Taxation and the State Administration of Foreign Exchange on the Related Matters on the Export
Tax Rebate for the Export Goods under Forward Foreign Exchange Collection

Guo Shui Fa [2006] No. 168

The state taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central Government and cities specifically
designed in the state plan; the branches and foreign exchange management departments of the State Administration of Foreign Exchange
in all provinces, autonomous regions, and municipalities directly under the Central Government, as well as the branches in Shenzhen,
Dalian, Qingdao, Xiamen and Ningbo:

For the purpose of regulating the tax rebate(exemption) administration in the forward foreign exchange collection for the export goods
of export enterprises, the State Administration of Taxation and the State Administration of Foreign Exchange have decided, upon research,
to carry out the archival filing certification administration to the declaration of export tax rebate (exemption) for the forward
foreign exchange collection for the export goods of export enterprises. The related matters are hereby informed as follows:

1.

If forward foreign exchange collection has been acted for the export goods declared by an export enterprise and the anticipated date
for foreign exchange collection that is put on the archives of the foreign exchange administrative department (hereinafter referred
to as the foreign exchange bureau) for forward foreign exchange collection has not gone by (hereinafter referred to as forward foreign
exchange collection not overdue), it may provide a Certificate on Archival Filing of Forward Foreign Exchange Collection (see Appendix
for the format, hereinafter referred to as Forward Certificate) as issued by the local foreign exchange bureau, and does not need
to provide the special export tax rebate page of the verification and write-off form for foreign exchange collection in export (hereinafter
referred to as the special tax rebate page of the verification and write-off form) when the export enterprise declares tax rebate(exemption)
for the export goods. The taxation authority shall, after acceptance, examine and approve the tax rebate (exemption) for export goods
in accordance with the current provisions on export tax rebate.The “forward foreign exchange collection” means the foreign exchange
collection in export in which the anticipated date for foreign exchange collection is 180 days (including 180 days) or more later
than the date of customs declaration in accordance with the current provisions on foreign exchange control.

2.

With regard to the export goods for which forward foreign exchange collection not overdue has been conducted according to Article1
of this Circular, the export enterprise shall handle the formalities for archival filing of forward foreign exchange collection at
the local foreign exchange bureau in accordance with Article 19 of the Measures for the Administration of Verification and Write-off
of Export Foreign Exchange Collection (Hui Fa [2003] No. 91) and Article 37 of the Detailed Rules for the Implementation of the
Measures for the Administration of Verification and Write-off of Export Foreign Exchange Collection (Hui Fa [2003] No. 107).The foreign
exchange bureau may issue a Forward Certificate bearing a “Special Supervisory Seal for Verification and Write-off of Export Foreign
Exchange Collection” upon the strength of the application filed by the export enterprise.

3.

After an export enterprise exports goods and handles the procedures for archival filing of forward foreign exchange collection, it
shall collect (settle) foreign exchanges at the anticipated date for foreign exchange collection in accordance with the Measures
for the Administration of Verification and Write-off of Export Foreign Exchange Collection and other related provisions, and handle
the procedures for verification and write-off of export foreign exchange collection within 30 days as of the end of the anticipated
date for foreign exchange collection.

4.

The ledger management system for providing Forward Certificates shall be established by taxation authority to export enterprises.
If an export enterprise fails to provide a special tax rebate page of the verification and write-off form to the taxation authority
within 30 days after the anticipated date for foreign exchange collection (where an export enterprise does not need to provide the
special tax rebate page of the verification and write-off form for the pilot declaration of export tax rebate, the “verification
and write-off date” on the electronic data on verification and write-off of foreign exchange collection as transmitted by the foreign
exchange bureau and received by the taxation authority shall prevail), the taxation authority may not deal with tax rebate (exemption)
for the related export goods any more, and if the tax has been rebated (exempted), the taxation authority shall recover the rebated
(exempted) taxes in accordance with the related provisions, and it shall be considered as making up the taxes for domestic sales.

5.

In accordance with the related provisions on transmitting the verification and write-off data on foreign exchange collection in export,
the foreign exchange bureau shall regularly transmit the electronic data that has gone beyond the time period but has not been written
off to the local taxation authority.

6.

This Circular shall enter into force as of December 1, 2006 (the export date indicated on the “For Export Tax Rebate” of the declaration
for export goods shall prevail). Item (3) of Paragraph 4 of Article 14 of the Circular of the State Administration of Taxation on
Printing and Distributing the Measures for the Administration of Tax Rebate (Exemption) for Export Goods (Guo Shui Fa [1994] No.031)
shall be concurrently abolished.

Appendix: Certificate on Archival Filing of Forward Foreign Exchange Collection

State Administration of Taxation

State Administration of Foreign Exchange

November 13, 2006




Appendix

￿￿

Appendix:

Serial
number:                          

Certificate
on Archival Filing of Forward Foreign Exchange Collection

￿￿

￿￿￿￿Name
of the enterprise:               

￿￿￿￿Code
of the organization:                

Unit:
USD

Item Serial
number of the verification and write-off form of foreign exchange
collection in export		 Serial
number of the export declaration		 Serial
number of the export contract (agreement)		 Anticipated
date for foreign exchange collection		 Export
volume in USD		 Notes
             
             
             
             
             
             
             

Handled by
(signature):                                              

State
Administration of Foreign Exchange(seal):                                             

__Month __ Date
__ Year

 



1...343536...83Page 35 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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