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CIRCULAR OF THE MINISTRY OF COMMERCE ON ENTRUSTING ZHENGZHOU ECONOMIC-TECHNOLOGICAL AREA TO EXAMINE, APPROVE AND ADMINISTER THE RELEVANT WORK ON FOREIGN-INVESTED ENTERPRISES IN SOME SERVICE TRADE SECTORS

Circular of the Ministry of Commerce on Entrusting Zhengzhou Economic-Technological Area to Examine, Approve and Administer the Relevant
Work on Foreign-invested Enterprises in Some Service Trade Sectors

Shang Zi Han [2007] No. 21

Zhengzhou Municipal People’s Government and Zhengzhou Economic-Technological Area,

Pursuant to Some Opinions on Further Promoting the Development Level of National Economic and Technical Development Zones (Guo Ban
Fa [2005] No. 15) as forwarded by the General Office of the State Council to the Ministry of Commerce, the Ministry of Land and Resources
and the Ministry of Construction as well as the provisions of the Ministry of Commerce on the authorized examination, approval and
administration of foreign-funded enterprises, the Ministry of Commerce has finished the archival filing, examination and approval
of the management systems of all the national economic and technological development zones and the connected network for examination
and approval of foreign capital. The related matters are hereby notified as follows:

1.

Upon research, we hereby authorize the Management Committee of Zhengzhou Economic-Technological Area to be responsible for examining,
approving and administrating the foreign-funded enterprises in related service trade sectors set up inside its zone for the purpose
of encouraging and supporting the national economic and technological development zones to vigorously develop the high value-added
service industries.

2.

The Management Committee of Zhengzhou Economic-Technological Area shall, in strict accordance with the laws and regulations on foreign
investments as well as the related provisions on foreign-funded enterprises of non-vessel shipping, construction, printing, construction
engineering design, road transport, commerce and international freight forwarding (see appendix), carefully examine and approve the
related foreign-funded enterprises set up within its zone, and report the related problems found in the work to the Ministry of Commerce
in a timely manner. The Ministry of Commerce shall implement the inspection of the aforesaid examination, approval and administration,
and cancel the authorization to a national economic and technological development zone which commits illegal examination and approval
during the course of authorization.

3.

The Management Committee of Zhengzhou Economic-Technological Area shall conduct a good job in examination and approval, archival filing
and statistical work in strict accordance with the requirements of the Ministry of Commerce for networking and online joint annual
inspection and by taking advantage of the networking certification system for foreign-funded enterprises. The related statistical
data shall be in line with the requirements so that the Ministry of Commerce can keep informed of the situation and strengthen supervision.

4.

Zhengzhou Economic-Technological Area, the management system of which needs to be improved, has not set up an independent finance
department yet. Zhengzhou Economic-Technological Area shall keep a close eye on and further resolve the problems in the management
system, keep a concise and efficient management system, and improve the level for examining, approving and administrating the foreign-funded
enterprises. Where any management system problem that may affect the work on examining, approving and administrating the foreign-funded
enterprises is found, this Ministry will withdraw the authorized power of examination, approval and administration immediately.

5.

This circular shall enter into force as of the promulgation date.

Ministry of Commerce

February 12, 2007
Appendix:
Related documents on entrusting the competent provincial departments of commerce to examine, approve and Administer foreign-funded
service trade Enterprises

1.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Foreign-funded
Non-vessel Shipping Enterprises (Shang Zi Han [2005] No. 89)

2.

Circular of the Ministry of Commerce on Entrusting the Provincial Administrative Departments of Commerce to Examine, Approve and Administer
the foreign-funded Construction Enterprises (Shang Zi Han [2005] No. 90)

3.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and
Administer the Foreign-funded Printing Enterprises (Shang Zi Han [2005] No. 91)

4.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and
Administer the Foreign-funded Designing Enterprises for Engineering Projects (Shang Zi Han [2005] No. 92)

5.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Some Foreign-funded
Road Transport Enterprises (Shang Zi Han [2005] No. 93)

6.

Circular of the Ministry of Commerce on Entrusting Local Departments to Check Foreign-funded Commercial Enterprises (Shang Zi Han
[2005] No. 94)

7.

Circular of the Ministry of Commerce about the related Issues on Entrusting National Economic and Technical Development Zones to Examine
and Approve foreign-funded Commercial Enterprises and International Freight Forwarding Enterprises (Shang Zi Han [2005] No. 102)

8.

Measures for the Administration of Foreign-funded International Freight Forwarding Enterprises (Decree No. 19, 2005 of the Ministry
of Commerce)



 
Ministry of Commerce
2007-02-12

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE IMPLEMENTATION OF THE CLASSIFIED MANAGEMENT OF TAX-FREE EXPORT CIGARETTE PLANS

Circular of the State Administration of Taxation on the Implementation of the Classified Management of Tax-free Export Cigarette Plans

Guo Shui Han [2007] No. 318

The state taxation bureau of each province, each autonomous region, each municipality directly under the Central Government and each
city specifically designated in the state plan:

The State Administration of Taxation determines to implement the classified management of tax-free export cigarette plans as of 2007
for the purpose of promoting domestic cigarette enterprises to enlarge their shares in the international market, and after negotiating
with the State Tobacco Monopoly Administration of P.R.C. the related matters are hereby notified as follows:

1.

We shall classify the cigarettes of such 16 trademarks as NISE, SILVER ELEPHANT, MARBLE, SONBONG, WIN, XINXING, ZHONGNANHAI, JINLU,
DUBAO, FISHER, ASHIMA, MODERN, FARSTAR, FURONG, WINBODY and R.G. D into the “cigarettes in the category of key fostering and development”.
The State Administration of Taxation will give the annual tax-free export quota in the first quarter every year for the “cigarettes
in the category of key fostering and development”, and increase or adjust the quota appropriately according to the actualities in
the fourth quarter. The quota upon application of the State Tobacco Monopoly Administration of P.R.C shall be supplemented by the
State Administration if any special factor causes evidently insufficient quota as given at the beginning of year.

Trademark, quantity, producer, target country or region and name of foreign merchants for the export cigarettes shall be included
in the tax-free export plan for the “cigarettes in the category of key fostering and development”. The adjustment shall be reported
to the State Administration of Taxation for examination and approval by the State Tobacco Monopoly Administration of P.R.C upon the
strength of the application of cigarette export enterprises at the real time in case that the target country or region needs to be
adjusted due to the change of target market change during the process of actual exportation.

2.

As regards those cigarettes that are on the list of the tax-free export plan for the “cigarettes in the category of key fostering
and development”, the (original) export contract bearing the seal of China National Tobacco Import & Export Group Corporation
shall be reported by the cigarette export enterprise to the competent taxation authority for archival purpose after the effectiveness
of the contract entered into with the foreign merchant. When issuing a Certification on Approval of Tax-free Import and Export Cigarettes
(hereinafter referred to as the Approval Certificate) and going through the tax exemption cancellation procedures for export cigarettes,
the taxation authority shall check the materials applied by the cigarette export enterprise against the tax-free export quota that
is given by the State Administration of Taxation and the contract that has been filed by the cigarette export enterprise, and in
the case of the conformity upon verification, issue an Approval Certificate or handle the tax exemption cancellation procedures;
or in the case of unconformity upon verification, deal with it in accordance with the present provisions .

3.

The cigarettes of the trademarks other than those that have been on the list of the “cigarettes in the category of key fostering and
development” shall be incorporated into the “cigarettes in the category of key management”. The related present provisions shall
apply in case of delivering the tax-free export quota, issuing Approval Certificates and going through export cancellation formalities
for the “cigarettes in the category of key management”.

4.

The present Circular shall take effect as of April 1, 2007. The tax-free export plan for the “cigarettes in the category of key fostering
and development” in 2007 shall be given in the second quarter of 2007.

State Administration of Taxation

March 6, 2007



 
State Administration of Taxation
2007-03-06

 






CIRCULAR OF MINISTRY OF FINANCE AND STATE ADMINISTRATION OF TAXATION ON CLARIFYING THE IMPORT-STAGE VALUE-ADDED TAX RATES OF RAWHIDE AND RAW FUR

Circular of Ministry of Finance and State Administration of Taxation on Clarifying the Import-Stage Value-Added Tax Rates of Rawhide
and Raw Fur

Cai Guan Shui [2007] No. 34

General Administration of Customs:

In accordance with the 2007 Import and Export Tariff Regulations of the People’s Republic of China and the Circular of Ministry of
Finance and State Administration of Taxation on Distributing the Explanations of the Taxation Scope of Agricultural Produce (Cai
Shui Zi [1995] No.52) and the Circular of Ministry of Finance and State Administration of Taxation on Adjusting the Import-Stage
Value-Added Tax Rate of Some Goods (Cai Shui Zi [2000] No.296), the import-stage value-added tax of animal hides such as rawhide
ad raw fur (see the appendix for the tax registration number) shall be collected at the rate of 13%.

Appendix: Animal Hides with the Import-Stage Value-Added Tax Rate of 13%(omitted)

Ministry of Finance

State Administration of Taxation

March 20, 2007



 
Ministry of Finance, State Administration of Taxation
2007-03-20

 






ANNOUNCEMENT NO.29, 2007 OF MINISTRY OF COMMERCE ON NAME ALTERATION OF KOREAN ENTERPRISES IN COATED FREE SHEET PAPER ANTI-DUMPING CASE

Announcement No.29, 2007 of Ministry of Commerce on Name Alteration of Korean Enterprises in Coated Free Sheet Paper Anti-dumping
Case

[2007] No.29

Ministry of Commerce of the People’s Republic of China released Announcement No 35, 2003 on Aug 6, 2003, deciding to impose anti-dumping
duties on coated free sheet paper originated from Korea and Japan.

MOORIM PAPER CO., LTD. and MOORIM SP CO., LTD put forward applications to Ministry of Commerce on Feb 1, 2007, claiming that the former
Shin Moorim Paper Mfg. Co., Ltd. changed its name into MOORIM PAPER CO., LTD on Jul 21, 2006, and the former Moorim Paper Mfg. Co.,
Ltd. change its name into MOORIM SP CO., LTD. on Jun 8, 2006, and applying to succeed the anti-dumping duty rate of relevant enterprises
before name alteration.

In line with investigation, Ministry of Commerce decides:

1.

MOORIM PAPER CO., LTD. shall succeed the anti-duping duty rate applicable to the former Shin Moorim Paper Mfg. Co., Ltd., namely 4%;

2.

MOORIM SP CO., LTD. shall succeed the anti-duping duty rate applicable to the former Moorim Paper Mfg. Co., Ltd., namely 4%;

3.

As from release of this announcement, companies that export in names of Shin Moorim Paper Mfg. Co., Ltd. and Moorim Paper Mfg. Co.,
Ltd. shall pay anti-dumping duties of 51%, which is applicable to other Korean companies.

This announcement shall take effect as from Mar 30, 2007.

Ministry of Commerce

Mar 29, 2007



 
Ministry of Commerce
2007-03-29

 






ADMINISTRATIVE MEASURES FOR ARCHIVING COMMERCIAL FRANCHISES

Decree No.15 of the Ministry of Commerce of the People’s Republic of China

No.15

The Administrative Measures for the Archiving of Commercial Franchises have been deliberated and adopted at the 6th executive meeting
of Ministry of Commerce on April 6 2007. They are hereby promulgated and shall enter into force as of May 1, 2007.

Minister Bo Xilai

April 30, 2007

Administrative Measures for Archiving Commercial Franchises

Article 1

For the purpose of intensifying administration on commercial franchises, regulating market order of franchises, these Measures are
formulated according to the relevant provisions in Regulations on Administering Commercial Franchises (hereinafter referred to as
the Regulations).

Article 2

These Measures apply to commercial franchise activities within the territory of the People’s Republic of China (hereinafter referred
to as within the territory of China).

Article 3

The competent commercial departments under the State Council and at provincial, autonomous region and municipality directly under
the Central Government level are the organs for archiving commercial franchises. Where commercial franchise activities are conducted
within a province, an autonomous region or a municipality directly under the Central Government, files shall be archived in the competent
commercial department in the province, autonomous region or municipality directly under the Central Government where a franchiser
is located; Where commercial franchise activities are conducted in another province, autonomous region, or municipality directly
under the Central Government, files shall be archived in the competent commercial department of the State Council.

Commercial franchise archiving shall be operated through internet across China. Franchisers conforming to the provisions in Regulations
on Administering Commercial Franchises, shall archive files via government website. (Website: www.mofcom.gov.cn )

Article 4

All organizations or individuals have the right to report to the archiving organs where there are behaviors in violation of these
Measures.

Article 5

A franchiser applying for archival filing shall submit the following documents to the archiving organ:

1,

basic information on the commercial franchise,

2,

information on the distribution of all the stores of the franchisee within the territory of China.

3,

the franchiser’s Commercial Prospectus,

4,

one photocopy of business license of the enterprise as legal person, or one photocopy of other qualification certificate,

5,

photocopies of registration certificates of trademark right, patent right and other business resources related to franchise activities.

6,

certificates issued by a competent commercial department of a city divided into districts based on the provision in Paragraph 2 of
Article Seven; where direct sales stores owned by the franchiser are located beyond the territory of China, the franchiser shall
provide business certificates thereof (including Chinese translation ) and the certificates shall be notarized by a local notarization
institution and certified by the Chinese embassy and consulate stationed in the local area.

The proceeding paragraph does not apply to the franchiser that does not engage in the franchise activities prior to May 1 2007, but
the first franchise contract between the franchiser and the franchisee within the territory of China shall be submitted.

7,

Sample of franchise contract

8,

Catalogue of franchising operational manual (the number of pages of each chapter, and the total pages of the manual shall be noted,
where this kind of manual is provided on the internal network of the franchise system, the estimated number of pages printed shall
be provided)

9,

As regards the products and services that may not be franchised without approval under the laws and regulations, the franchiser must
submit approval documents issued by the competent departments; and

10,

The franchiser’s commitment signed and sealed by the legal representative.

The documents as mentioned in items 1 through 3 shall be filled in on the internet, and electronic documents in items 4 through 10
shall be submitted on the internet in the form of PDF.

Article 6

A franchiser shall apply for archival filing with an archiving organ within 15 days after having concluded a franchise contract with
the franchisee within the territory of China for the first time. The franchiser that has been engaged in franchise activities prior
to May 1 2007 shall archive files with competent commercial department in accordance with these Measures within one year since the
Regulations is put into effect.

Article 7

Where there is any alteration in the archival information of a franchiser, the franchiser shall apply for alteration with the archiving
organ within 30 days from the date the alteration occurs.

Article 8

A franchiser shall report to the archiving organ the information on the signing, canceling, renewing and altering of franchise contract
prior to March 31 every year.

Article 9

A franchiser shall fill in all the information on archival filing, and ensure the authenticity, accuracy and completeness of the
content filled.

Article 10

An archiving organ shall archive the files and materials complying with the provision in Article 5 within 10 days from the date
a franchiser submit them, and shall issue an announcement on the website of the Ministry of Commerce.

Where the files or materials submitted by a franchiser are incomplete, the archiving organ may demand him/her to submit the remaining
files or materials within seven days. The archiving organ shall archive the documents within 10 days from the date the documents
are complete.

Article 11

If a franchiser who has finished archival filing has one of the following practices, the archiving organ may cancel the archival
filing, and issue an announcement on the website of the Ministry of Commerce:

1,

a franchiser’s business license is cancelled by the competent registration organ because of illegal operation.

2,

the archiving organ receives from the judicial organ judicial advice on canceling the archival filing because a franchiser conducts
illegal operation.

3,

if investigation on a franchiser hiding relevant information or providing false information is verified, and

4,

if a franchiser cancels the archival filing by him/herself.

Article 12

All competent commercial departments at provincial, autonomous region, municipality directly under the Central Government levels
shall provide feedback on archival filing and cancellation of archival filing to the Ministry of Commerce within 10 days.

Article 13

While the archiving organ finishes the archival procedures, it shall archive file and keep the documents on a franchiser’s archival
filing, and keep commercial secrets for the franchiser according to law.

Article 14

The public may access to the following information via the website of the Ministry of Commerce:

1,

enterprise name of a franchiser, registered trademark of franchise business, enterprise logo, patent, exclusive technology, and other
business resources,

2,

time of archival filing of a franchiser,

3,

address and contact of a franchiser’s legal business site, the name of the legal representative, and

4,

business address of a franchisee within the territory of China.

Article 15

Where a franchiser fails to archive file based on the Regulation and the provisions in these Measures, the competent commercial department
under the State Council and the competent commercial departments of a province, autonomous region or municipality directly under
the Central Government where the franchiser is located shall order him/her to archive the documents within a prescribed time limit,
and impose a fine of no less than 10 000yuan but no more than 50 000yuan; if the franchiser still fails to archive the documents
within the prescribed time limit, a fines of no less than 50 000yuan and no more than 100 000yuan shall be imposed, and an announcement
shall be made.

Article 16

Where a franchiser violates the provision in Article Eight, the archiving organ shall order him/her to make an correction, and may
impose a fine of no more than 10 000 yuan thereupon; if the circumstances are serious, a fine of no less than 10 000 yuan and no
more than 50 000 yuan shall be imposed thereupon, and an announcement shall be issued.

Article 17

An overseas franchiser shall follow these Measures to conduct franchise activities within the territory of China. A franchiser from
Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region shall follow these Measures.

Article 18

National Industrial Association shall assist competent department of the government on archival filing, give full play to the coordinating
role of the industrial association, and strengthen industrial self-discipline.

Article 19

The Ministry of Commerce of the People’s Republic of China is responsible for the interpretation of these Measures.

Article 20

These Measures shall enter into force as of May 1 2007.



 
Ministry of Commerce
2007-04-30

 






CIRCULAR OF CHINA BANKING REGULATORY COMMISSION CONCERNING WHOLLY FOREIGN-FUNDED BANKS AND CHINESE-FOREIGN EQUITY JOINT BANKS TO CONDUCT THE BANK CARD BUSINESS

Circular of China Banking Regulatory Commission concerning Wholly foreign-funded Banks and Chinese-foreign Equity Joint Banks to Conduct
the Bank Card Business

Yin Jian Fa [2007] No. 49

All branches of China Banking Regulatory Commission,

In order to regulate the administration of bank card business of wholly foreign-funded banks and Chinese-foreign equity joint banks
and prevent the risks of bank card business, pursuant to the Regulations of the People’s Republic of China on the Administration
of Foreign-funded Banks, the Detailed Rules on the Implementation of the Regulations of the People’s Republic of China on the Administration
of Foreign-funded Banks and Measures for the Administration of the Bank Card Business, you’re hereby notified of the following issues
on wholly foreign-funded banks and Chinese-foreign equity joint banks to conduct the bank card business:

1.

Wholly foreign-funded banks and Chinese-foreign equity joint banks may apply for conducting the bank card business as of the day when
the present Circular is printed and distributed.

2.

The term “bank cards” as mentioned in the present Circular is classified into RMB cards and foreign currency cards as per different
currencies, including debit cards, quasi-credit cards and credit cards.

Quasi-credit cards and credit cards are referred to as credit cards in general.

3.

Wholly foreign-funded banks and Chinese-foreign equity joint banks may, upon approval of China Banking Regulatory Commission (hereinafter
referred to as the CBRC), conduct the bank card business within the scope of its clients. An applicant shall satisfy the following
requirements:

(1)

Its capital adequacy ratio, asset quality and other main supervisory indicators are in conformity with the related provisions of the
CBRC;

(2)

It has management rules and risk management measures commensurate with its needs of conduction of bank card business;

(3)

It has established a computer system in conformity with the related business and technical standards and has the technical capability
to ensure the safety of the banking information within the territory of China;

(4)

It has technicians, managerial personnel and corresponding management institutions which can satisfying the needs of conduction of
bank card business; and

(5)

Other prudent conditions as requested by the CBRC.

If a wholly foreign-funded bank or Chinese-foreign equity joint bank plans to issue foreign currency cards, it shall have the qualifications
as approved by the foreign exchange administrative department of the State Council for conducting settlement of foreign exchange
and sale of foreign currencies.

4.

A wholly foreign-funded bank or Chinese-foreign equity joint bank which plans to issue bank cards shall abide by the bank card business
and technical standards as formulated by the People’s Bank of China and meet the general requirements for the network of bank cards.

5.

A wholly foreign-funded bank or Chinese-foreign equity joint bank which plans to conduct the bank card business shall apply to the
branch of the CBRC of the place where its headquarters is located by analogy to the application materials as stipulated in the Measures
for the Administration of Bank Card Business.

6.

The branch of the CBRC of the place where the headquarters of the wholly foreign-funded bank or Chinese-foreign equity joint bank
is located shall submit the application materials together with the examination opinions to the CBRC within 20 days as of the date
of receiving a complete set of application materials.

The CBRC shall, within 3 months after receiving the compete set of application materials submitted by the wholly foreign-funded bank
or Chinese-foreign equity joint bank to conduct bank card business, make a decision of approval or disapproval. In case it makes
a decision of disapproval, it shall give a written notification to the applicant and make an explanation.

7.

If a wholly foreign-funded bank or Chinese-foreign equity joint bank, after getting the approval to conduct the bank card business,
needs to conduct the business of such new types of bank cards as quasi-credit cards or credit cards, it shall make application for
approval under the present Circular.

8.

A wholly foreign-funded bank or Chinese-foreign equity joint bank shall, after getting the approval to conduct the bank card business,
report to the local institution dispatched by the CBRC the types of bank cards which it plans to conduct.

If a branch of a wholly foreign-funded bank or Chinese-foreign equity joint bank plans to conduct the bank card business upon authorization
of its headquarters, it shall, before conducting such business, report to the local institution dispatched by the CBRC the types
of bank cards which it plans to conduct upon the strength of the pertinent approval documents and the authorization of its headquarters.

9.

The supervision and administration over the bank card business of wholly foreign-funded banks and Chinese-foreign equity joint banks
shall be subject to the related provisions on the administration of bank card business.

All related branches of the CBRC should promptly transmit the present Circular to your sub-branches and the foreign-funded institutions
of foreign-funded banks under your respective jurisdiction.

China Banking Regulatory Commission

June 6, 2007



 
China Banking Regulatory Commission
2007-06-06

 






THE SUPPLEMENTARY PROVISIONS TO THE MEASURES FOR THE ADMINISTRATION ON FOREIGN INVESTMENT IN COMMERCIAL FIELDS

Ministry of Commerce

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

No.30

The Supplementary Provisions to the Measures for the Administration on Foreign Investment in Commercial Fields were examined and approved
by the Ministry of Commerce, hereby promulgated and shall come into force as of promulgated date.

Bo Xilai, Minister of the Ministry of Commerce

January 9, 2006

The Supplementary Provisions to the Measures for the Administration on Foreign Investment in Commercial Fields

In order to promote Hong Kong and Macao to establish closer economic and trade relationship with the Mainland, encourage service providers
from Hong Kong and Macao to establish commercial enterprises in Mainland, and according to the Mainland and Hong Kong Closer Economic
Partnership Arrangement (supplementary agreement 2) and the Mainland and Macao Closer Economic Partnership Arrangement (supplementary
agreement 2) as approved by the State Council, we hereby make the following supplementary provisions on the commercial fields invested
by Service providers from Hong Kong and Macao in the Measures for the Administration on Foreign Investment in Commercial Fields (No.
8, Order of the Ministry of Commerce).

I.

Service providers from Hong Kong and Macao are permitted to establish the enterprises as the form of solely-funded, equity joint venture
or cooperation to deal in commission agent business on fertilizer, finished oil, crude oil, and the wholesale retail business of
the fertilizer..

II.

Service provider from Hong Kong and Macao is permitted to control the shares and the proportion of invested capital may not exceed
51% if one service provider from Hong Kong and Macao established more than 30 shops accumulated to deal the commodity like: books,
newspaper, automobile (the restrict will be abolished as of December 11, 2006), drug, pesticide, farming film, fertilizer, plant
oil, sugar, cotton and etc. and above commodities come from different brands and different suppliers.

III.

The service providers from Hong Kong and Macao as mentioned in these Measures shall separately meet the requirements on the definition
of “service providers” in the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Mainland and Macao Closer Economic
Partnership Arrangement, and in other relevant provisions.

IV.

Other matters of service providers from Hong Kong and Macao to invest on commercial fields in Mainland shall be implemented according
to the Measures for the Administration on Foreign Investment in Commercial Fields.

V.

These Measures shall be implemented as of the date of promulgation.



 
Ministry of Commerce
2006-01-09

 






NOTICE OF THE STATE ADMINISTRATION OF TAXATION ON REGULATING THE RANGE FOR THE PAYMENT OF ENTERPRISE INCOME TAXES ON A CONSOLIDATED BASIS

The State Administration of Taxation

Notice of the State Administration of Taxation on Regulating the Range for the Payment of Enterprise Income Taxes on a Consolidated
Basis

Guo Shui Han [2006] No.48

The bureaus of state taxation and the local taxation of every province, autonomous region, municipality directly under the Central
Government and city specifically designated in the state plans.

For the purpose of reinforcing the collection management of the payment of enterprise income taxes on a consolidated basis (hereinafter
referred to as the “consolidated tax payment”), a notice on the relevant issues on regulating the range for consolidated tax payment
are hereby promulgated as follows:

I.

The relevant examination and approval provisions on consolidated tax payment shall be strictly enforced. According to the existing
provisions, the consolidated payment of enterprise income taxes shall be examined and approved by the State Administration of Taxation.
The relevant examination and approval provisions on consolidated tax payment shall be strictly enforced by the taxation authorities
at all levels , and the examination and approval may not be carried out over their authorities. In case of examination and approval
of consolidated tax payment over the authorities or expanding consolidated tax payment shall be corrected.

II.

Consolidated tax payment may be applied for by the following enterprises in accordance with the provisions:

1.

The 120 large-scale experimental enterprise groups decided by the State Council;

2.

The enterprise groups authorized by the State Council for enforcing the policies of experimental enterprise groups and consolidated
tax payment;

3.

The railway operating, air transport, posting, telecommunications enterprises and the financial and insurance enterprises (including
the securities institutions and other non-bank financial institutions) prescribed in the Interim Regulation of the People’s Republic
of China on Enterprise Income Tax and the rules for the implementation thereof;

4.

The experimental enterprise groups for the cultural system reform; or

5.

The remaining enterprises with the character of enterprise groups after the reorganization and restructuring of enterprises of consolidated
tax payment.

III.

In accordance with the Interim Regulation of the People’s Republic of China on Enterprise Income Tax and the relevant implementation
rules thereof, a non-independent accounting branch organization shall uniformly pay the tax . In case of disputing over the locality
of accounting, it shall be transacted in light of the following situations:

1.

If both the headquarters and the branch organizations are situated within one province, the place for tax application shall be determined
by the provincial taxation authority; and

2.

If the headquarters and branch organizations are situated between two or more provinces or cities, the place for tax application shall
be determined by the State Administration of Taxation.

State Administration of Taxation

January 17, 2006



 
The State Administration of Taxation
2006-01-17

 






NOTICE OF THE GENERAL AFFAIRS DEPARTMENT OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON RELEVANT ISSUES CONCERNING OPENING FOREIGN EXCHANGE CAPITAL ACCOUNTS BY INSURANCE INTERMEDIARY INSTITUTIONS

General Affairs Department of State Administration of Foreign Exchange

Notice of the General Affairs Department of the State Administration of Foreign Exchange on Relevant Issues concerning Opening Foreign
Exchange Capital Accounts by Insurance Intermediary Institutions

Hui Zong Fa [2006] No.6

The branches and the administration departments of foreign exchange under the State Administration of Foreign Exchange in all the
provinces, autonomous regions, and municipalities directly under the Central Government, and the branches of the State Administration
of Foreign Exchange in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo,

In order to facilitate the handling of such matters as establishment, capital alteration, and alteration of stock right, and etc.
by the insurance intermediary companies sharing by foreign capital , and regulate foreign exchange administration, the relevant
issues concerning foreign exchange administration of foreign exchange capital accounts opened by insurance intermediary companies
sharing by foreign capital are hereby notified as follow:

I.

As an insurance intermediary company sharing by foreign capital handles such matters as establishment, capital alteration, and alteration
of stock right, and etc., it may apply to the foreign exchange administration department, branch or sub-branch (hereinafter refers
to as foreign exchange bureau) of the State Administration of Foreign Exchange at the local place where it is located for opening
a foreign exchange capital account at a designated foreign exchange bank before obtaining the approval reply of China Insurance
Regulatory Commission.

1.

When filing an application, the materials shall be provided as follows:

(1)

An written application for opening an account (specifying the basic information of the enterprise, the amount of capital to be contributed,
equity structure, proportion of capital contributions, and organizations structure, and etc.).

(2)

Articles of association of the company or partnership agreement or the relevant agreement on alteration of stock right.

(3)

Photocopy of the pre-approval notice on enterprise name issued by the administrative department of industry and commerce.

(4)

Name list of the main personnel preparing for the establishment and the photocopy of their identity certificates (provided at the
time of establishing a new enterprise). And

(5)

Other documents provided as required by the foreign exchange bureau.

2.

The range of the use of the foreign exchange capital account shall be: for capital verification on the foreign exchange capital invested
by the foreign shareholders.. The capital in the account shall not be used for settlement of foreign exchange or for payment before
an insurance intermediary company with foreign shares obtains the documents of approval of the department of commerce.

3.

The time limit for using the capital account shall be: 6 months from the day that the account is opened after approval.

II.

After obtaining the documents of approval of the department of commerce for its establishment, capital alteration, or alteration of
stock right, or any other matter, an insurance intermediary company sharing by foreign capital shall go through formalities for
foreign capital and foreign exchange (or alteration) registration and formalities for alteration of foreign exchange capital account
at the foreign exchange bureau at its locality according to the relevant provisions on foreign exchange administration in a timely
manner.

III.

At the time when the capital account as mentioned in Article I of the present Notice is due, if an insurance intermediary company
sharing by foreign capital has not obtained the documents of approval of the department of commerce for the establishment, capital
alteration, or alteration of stock right, or any other matter, the foreign exchange capital account shall be closed immediately,
and remitted out the capital invested by foreign shareholders upon the approval of the foreign exchange bureau at its locality.

IV.

The present Notice shall be implemented as of the day of its promulgation. If any problem is encountered in the implementation, please
report it back to the department of capital projects of the State Administration of Foreign Exchange.

Contact Person: Wang Lei

Contact Telephone: 68402348

General Affairs Department of the State Administration of Foreign Exchange

January 25, 2006



 
General Affairs Department of State Administration of Foreign Exchange
2006-01-25

 






MINISTRY OF COMMERCE CIRCULAR ON EXPORT QUOTAS VOLUME OF INDUSTRIAL PRODUCTS OF FOREIGN-INVESTED ENTERPRISES OF 2006

Ministry of Commerce

Ministry of Commerce Circular on Export Quotas Volume of Industrial Products of Foreign-invested Enterprises of 2006

Shang Zi Han [2005] No. 107

Administrative commercial departments of all provinces, autonomous regions, municipalities under the Central Government and cities
specifically designated in the state plan:

In accordance with related regulations on Administration on Quota License of Foreign-invested Enterprises, here issues the export
quotas volume of industrial products of foreign-invested enterprises of 2006, which is also released through the network of managing
system on import and export of foreign-invested enterprises. Please inform related enterprises of applying export license in accordance
with regulations of this Circular.

Please well organize implementation of the export quotas volume of industrial products of the local foreign-invested enterprises,
and feedback the implementing status to Ministry of Commerce Department of Foreign Investment Administration in time. In case of
any requirements on deduction, adding or re-approval of applications of foreign-invested enterprises with export scale, please carry
out preliminary examination in time and report to Ministry of Commerce.

Appendix: Export Quotas Volume of Industrial Products of Foreign-invested Enterprises of 2006 (omitted)

Ministry of Commerce

Feb 7, 2006



 
Ministry of Commerce
2006-02-07

 






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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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