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REPLY OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE CONCERNING THE APPROVAL OF THE QFII INVESTMENT QUOTA OF STANFORD UNIVERSITY AND ITS OPENING OF A FOREIGN EXCHANGE ACCOUNT AND A SPECIAL RMB ACCOUNT

Reply of the State Administration of Foreign Exchange concerning the Approval of the QFII Investment Quota of Stanford University
and Its Opening of a Foreign Exchange Account and a Special RMB Account

Hui Fu [2006] No.339

Shanghai Branch of HSBC:

We have received the materials on applying for the QFII investment quota of Stanford University and its opening of a foreign exchange
account and a special RMB account, which were submitted by you on behalf of Stanford University. After negotiation with the China
Securities Regulatory Committee, we hereby give the following reply:

1.

The QFII investment quota of Stanford University of USD 50 million is approved. Within 6 months as of the issuance date of this Reply,
Stanford University shall remit the principal.

2.

We approve that a foreign exchange account and a special RMB account are opened respectively by Stanford University at your Branch.
The revenue scope of the foreign exchange account shall be: the capital remitted by QFII from overseas, interests of small-sum current
deposits of the entities, and other revenues provisioned by the State Administration of Foreign Exchange; while the expenditure scope
shall be: the capital remitted into the special RMB account of QFII through exchange settlement, the capital repatriated via the
original channel and other expenditures as provisioned by the State Administration of Foreign Exchange.

3.

Stanford University may not conduct securities investment before the principal remitted by it reaches USD 20 million (or equivalent
RMB). Stanford University may, through exchange settlement, transfer the required capital of foreign exchange into the special RMB
account within 10 workdays prior to it conducts investment.

4.

You shall, during the period of providing QFII custody services, strictly comply with the Measures for Administration of Securities
Investment within the Territory of China by QFII (Decree No.36 of the China Securities Regulatory Commission, People’s Bank of China
and the State Administration of Foreign Exchange) and other related provisions, perform all duties of a trustee effectively, and
guarantee that Stanford University abide by the stipulations as mentioned above.

5.

You shall, within 5 workdays since you receive this Reply, come to the State Administration of Foreign Exchange to obtain a certificate
of QFII foreign exchange registration on behalf of Stanford University.

6.

You shall, within 5 workdays after you open the foreign exchange account and special RMB account for Stanford University, report the
related information concerning the opening of accounts to the State Administration of Foreign Exchange for the archival purpose.

The State Administration of Foreign Exchange

November 8, 2006



 
The State Administration of Foreign Exchange
2006-11-08

 






NOTIFICATION NO.30, 2006 OF THE TENDERING BOARD FOR FOREIGN ASSISTANCE PROJECTS OF THE MINISTRY OF COMMERCE OF THE PEOPLE’S REPUBLIC OF CHINA

Notification No.30, 2006 of the Tendering Board for Foreign Assistance Projects of the Ministry of Commerce of the People’s Republic
of China

Tong Gao [2006] No.30

Tendering Board of Foreign Assistance Projects of the Ministry of Commerce held the 30th regular meeting of 2006 on Nov 10, 2006.
Relevant matters and decisions are now announced as follows:

1.

The tendering board worked over the result of bid negotiation and contract price of the sports stadium construction in aid of Guinea
with head office of Shanghai Construction Group.

2.

The tendering board worked over the result of bid negotiation and contract price of parts supplying project under the 12th technical
cooperation of Tanzania-Zambia railway construction with China Civil Engineering Construction Corporation.

3.

The tendering board examined and approved enterprises winning the bid of project of computer and medical entrustment in aid of White
Russia.

4.

The tendering board examined and approved enterprises winning the bid of project of 30 fire engines in aid of Cambodia.

5.

The tendering board worked over the bidding means of the material project in aid of office of the president of Palestine.

The Tendering Board of Foreign Assistance Projects of the Ministry of Commerce

November 15, 2006



 
The Tendering Board for Foreign Assistance Projects of the Ministry of Commerce
2006-11-15

 






ANNOUNCEMENT NO. 70, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS ON PROMULGATING THE 2006 EDITION OF TABLE OF THE CRITERIA OF ORIGIN FOR THE GOODS OF HONG KONG ENpost_titleD TO PREFERENTIAL TREATMENT FOR TRADE IN GOODS AND TABLE OF THE CRITERIA OF ORIGIN FOR THE GOODS OF MACAO ENpost_titleD TO PREFERENTIAL TREATMENT FOR TRADE IN GOODS

Announcement No. 70, 2006 of the General Administration of Customs on Promulgating the 2006 Edition of Table of the Criteria of Origin
for the Goods of Hong Kong Enpost_titled to Preferential Treatment for Trade in Goods and Table of the Criteria of Origin for the Goods
of Macao Enpost_titled to Preferential Treatment for Trade in Goods

[2006] No. 70

According to Closer Economic Partnership Arrangement between Mainland and Hong Kong and Closer Economic Partnership Arrangement between
Mainland and Macao and their supplementary agreements, the Table of the Criteria of Origin for the Goods of Hong Kong Enpost_titled to
Zero-tariff for Trade in Goods Newly Increased from January 1, 2007 (hereafter referred to as Hong Kong Table of the Criteria, see
Appendix 1) and the Table of the Criteria of Origin for the Goods of Macao Enpost_titled to Zero-tariff for Trade in Goods Newly Increased
from January 1, 2007 (hereafter referred to as Macao Table of the Criteria, see Appendix 2) are hereby promulgated and shall enter
into force as of January 1 2007.

Simplified names of goods are used in Hong Kong Table of the Criteria Table and Macao Table of the Criteria, the scope of which are
consistent with the goods under corresponding tax codes in Customs Import and Export Tariff of the People’s Republic of China.

Appendix 1: Table of the Criteria of Origin for the Goods of Hong Kong Enpost_titled to Zero-tariff for Trade in Goods Newly Increased
from January 1, 2007

Appendix 2: Table of the Criteria of Origin for the Goods of Macao Enpost_titled to Zero-tariff for Trade in Goods Newly Increased from
January 1, 2007

The General Administration of Customs

November 30, 2006



 
The General Administration of Customs
2006-11-30

 






ANNOUNCEMENT ON THE FIRST NEGOTIATED BIDDING FOR EXPORT QUOTAS OF RUSH FAMILY AND ITS PRODUCTS OF 2007

Announcement on the First Negotiated Bidding for export quotas of Rush family and its products of 2007

The first negotiated bidding for export quotas of Rush family and its products of 2007 shall start on December 14, 2006. In accordance
with the relevant provisions of Measures for the Invitation of Bid for Export Commodity Quotas and the Rules for the Implementation
of Invitation for Bids for Agricultural Product Export Quotas (Wai Jin Mao Mao Fa [2001] No.670), the relevant matters are hereby
promulgated as follows:

I.

Names of the Commodities under the Invitation for Bids and Their Coding (hereafter the tariff serial numbers affirmed by the adjustment
in 2007 are to be treated as final)

1.

Rush (cleaned, bleached or dyed)

14019030.10￿￿temporarily not arranged for a invitation for bid

2.

Rush Products

46012021.11￿￿Rush-made Jacquard mat, double-sided mats and pads;

Mats (with unit area above one square meter, whether binding or not);

46012021.12, Other Rush-made mats of (with unit area above one square meter whether binding or not);

94042100.10, Rush-covered mats of (with unit area above one square meter whether binding or not).

II.

Amount of Biding: 6,660,000 kg

III.

Qualification for Bid

1.

Possessing the right to operate imports and exports, being registered at the administrative department for industry and commerce,
and having acceded to China Chamber of Commerce for I/E of Light Industrial Products & Arts-Crafts (where it is a foreign-funded
enterprise, it must be on China Association of Enterprises with Foreign Investment);

2.

The registered capital amounting to 500,000 Yuan and sales income (including exports and domestic sale) in 2005 amounting to 3,000,000
Yuan; and

3.

It is an export enterprise whose average annual performance of Rush-made products export from 2004 to 2006 (form January to October)
amounts to 50,000 kg; or it is a production enterprise whose average annual performance of export goods supply from 2004 to 2006
(form January to October) amount to 400,000 kg and who possess the right to operate foreign trade; or it is an foreign-funded enterprise
whose exporting scale is approved by Ministry of Commerce.

IV.

Time for Bid

Time for Biding: December 14 and 15, 2006

Time for Ending the Invitation for Bidding: 11￿￿0, December 15, 2006

Time for Opening Bid: 14￿￿0, December 15, 2006

V.

Means of Bid

Bids will be conducted via www.ec.com.cn. An enterprise may send only one electronic bid document before the time point for ending
the invitation for bidding. When an enterprise successfully sent more than two (including two) electronic bid documents, the bid
documents, shall be regarded as invalid. In case an enterprise fails to send an electronic bid document prior to the provided time
limit, it shall be regard as an automatic abandon of its qualification for bid.

China International Electronic Commerce Center (EDI) shall be responsible for the technical guarantee work for the electronic bids.
Problems on concrete operation shall be interpreted by EDI, the telephone and fax of which are 010-67870108and 010-67800343 respectively.

V.I

Amount of Bid

The Bidding office shall determined the maximum amount of bid of an enterprise according to its average annual performance of export
goods supply from 2004 to 2006 (from January to October) (Amount of Export Goods Supply = Amount of Export + Amount of Export Goods
Supply ￿￿0%, note that the Amount of Export Goods Supply herein does not include the amount of self-operated exports). Where it
is a foreign-funded enterprise, the amount of bid thereof shall be determined in terms of the exporting scale as approved by Ministry
of Commerce. China International Electronic Commerce Center of the Ministry of Commerce shall, after approval of the Committee for
Invitation for Bid for Export Commodity Quotas, determine the maximum amount of bid for an enterprise by means of the electronic
bid document. An enterprise may incept its maximum amount of bid in its electronic bid document. Any bid document with an amount
of bid above its maximum amount of bid shall be treated as an invalid bid.

VII.

Base Price for Bid

All the enterprises whose bid price is not lower than the level of the base price for bid as provided for by the Committee for Invitation
for Bid are bid winners.

A bidding enterprise may directly incept e base price for bid as provided for by the Committee for Invitation for Bid in its own electronic
bid document.

VIII.

Price of Winning Bid and Amount of Winning Bid

The price of winning bid of a bid winner is its price of bid.

The amount of winning bid of an enterprise shall be calculated according to the following formula (the all-year total amount of winning
bid by a foreign-funded enterprise shall not exceed the scale approved by Ministry of Commerce):

The Amount of Winning Bid of an Enterprise=the Amount of Invitation for Bid ￿￿he Bidding Sum of the Enterprise (the Price of Bid
Quota ￿￿he Amount of Bid)/ Summation of the Bidding Sum of each Bid Winner (the Price of Bid Quota ￿￿he Amount of Bid)

IX.

Inquiry of the Result of Winning Bid

This public bidding shall be opened on December 15 2006, and the preliminary result of winning bid will be promulgated on www.ec.com.cn
on December 18. In case an enterprise which has any question, it may submit to the Bidding office before 16￿￿00 of December 19. Any
bidding enterprise may inquire about its status of winning bid via www.ec.com.cn after 9￿￿00 of December 29. The Public Bidding Administration
will not issue a written Notice for Winning Bid.

X.

Deposit for Winning Bid

The deposit for winning bid for this invitation for bid is 20% of the award amount for the bid winner. Any enterprise which won the
bid shall remit the deposit for winning bid(price of winning bid ￿￿mount of winning bid￿￿0%) into an appointed bank account(Name
of the Entity: China Chamber of Commerce for I/E of Light Industrial Products & Arts-Crafts; Bank for Opening the Account; Beijing
Wanda Square Branch of China CITIC Bank; Account Number: 7112410182600001628) before January 20, 2007.Any enterprise which fails
to do so shall be punished in accordance with the relevant provisions of Measures for Invitation of Bid.

XI.

The Address of the Bidding office of Export Quotas of Rush family and its Products: 10/F, Building 12, Panjiayuan Nanli, Chaoyang
District, Beijing

Contact Tel.: 010-67732681￿￿87789545

Fax: 010-67700374

XII.

List of the Enterprises Participating in this Negotiated Bidding

1.

Ningbo Arts & Crafts I/E Corp.

2.

Zhejiang Arts & Crafts I/E Co., Ltd

3.

Jiangsu Holly Corporation

4.

China Plaited Products Co., Ltd.

5.

Ningbo Zhonglin Foreign Trade Co., Ltd

6.

Shanghai Arts & Crafts & Daily Necessities I/E Co., Ltd

7.

Xia Men Hua He Co., Ltd.

8.

Ningbo Xinyi Rush Products Co., Ltd.

9.

Sichuan Arts & Crafts I/E Corp.

10.

Ningbo Haifeng Arts & Crafts & Knitting Co., Ltd

11.

Ningbo Kaicheng Arts & Crafts Co., Ltd

12.

Sichuan Eyebrow Mountain Xinda Arts & Crafts Co., Ltd

13.

Ningbo Hengtai Straw Products Co., Ltd

14.

Ningbo Xinxing Arts & Crafts Co., Ltd

15.

Ningbo Sentian Decoration Products Co., Ltd

16.

Ningbo Xingning Arts & Crafts Industrial Corp.

17.

Ningbo Reyda International Economic & Trade…Co., Ltd.

18.

Anhui Arts&Crafts Imp.&Exp. Co., Ltd.

19.

Ningbo Tianyun Straw Art Co., Ltd.

20.

Shanghai Xingri Mats Products Co., Ltd.

21.

Shanghai Jingmao Industrial Co., Ltd

22.

Ningbo Huijia Knitting Co., Ltd

23.

China Arts & Crafts Nanjing I/E Corp.

24.

Ningbo Huabei Knitting Co., Ltd

25.

Taizhou Dubian Arts & Crafts Co., Ltd.

26.

Anhui Chuzhou Foreign-trade Straw Arts & Crafts Products General Factory

27.

Yuyao Jinteng Agricultural Products Development Co. Ltd.

28.

Taizhou Taifeng Straw Products Co., Ltd.

29.

Zhejiang Yiwei Arts & Crafts Co., Ltd.

30.

Ningbo Meihu Straw Products Co., Ltd.

31.

Ningbo Yinzhou Xingming Arts & Crafts & Knitting Co., Ltd.

32.

China Tea Co. Ltd.

33.

Hubei Beige Arts & Crafts Co., Ltd.

34.

Hefei Yiyuan Straw Products Co., Ltd.

35.

Ningbo Yingzhou Lanbao Arts & Crafts Factory

36.

Ningbo Haitian International Trade Co., Ltd.

37.

Ningbo United Group Imp and Exp Co., Ltd.

38.

Ningbo Yinzhou Hengye Industry and Trade Co., Ltd.

39.

Anhui Huaying Straw Arts & Crafts Co., Ltd.

40.

Zhejiang Dida Imp. and Exp Co., Ltd.

41.

Ningbo Jiayuan Knitting Factory

42.

Silvertime Holding Co., Ltd.

43.

Zhejiang Huiling Foreign Trade Co., Ltd.

44.

Ningbo CNACC Import & Export Co., Ltd.

45.

Zhejiang Orient Holdings Co., Ltd.

Committee for Invitation for Bid for Export Commodity Quotas

December 8, 2006



 
Committee for the Invitation for Bid for Export Commodity Quotas
2006-12-08

 






CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING SOME MATTER ON SEVERELY CRACKING DOWN ON ILLEGAL ISSUANCE OF STOCKS AND ILLEGAL OPERATION OF SECURITIES BUSINESS

Circular of the General Office of the State Council Concerning Some Matter on Severely Cracking Down on Illegal Issuance of Stocks
and Illegal Operation of Securities Business

Guo Ban Fa [2006] No.99

The people’s governments of each province, autonomous region and municipality directly under the Central Government, each ministry
and commission of and department directly under the State Council:

In recent years, illegal issuance of stocks and illegal operation of securities business (hereinafter referred to as illegal securities
activities) arise now and then in some regions of China, in one or two regions, this tide even trends to spread, which severely harms
social stability and financial security. With a view to implementing the related provisions of the laws concerning company and securities,
preserving the normal order of securities market and protecting the lawful rights and interests of the vast number of investors,
we hereby inform the following related matters on severely cracking down on illegal securities activities upon the consent of the
State Council:

1.

Improving the awareness, unifying the thoughts and controlling the spreading trend of illegal securities activities with a firm hand

Illegal securities activities possess such identities as hidden means, deep fraudulence, fast spreading, easy re-occurrence and so
on, in addition to which, they involve massive people with most investors as retirees, off-duty employees and other mass with trebles,
so it is prone to cause massive incident. At present, illegal securities activities are mainly conducted in the forms as follows:
firstly, drawing up such false information as that a company is under establishment domestically or overseas or that the issuance
of stocks has been approved by the related departments under the government in order to inveigle the general public to purchase the
so-called “original issue stock”; secondly, illegal intermediate organs, without approval of statutory authorities, illegally purchase/sell
the stocks of unlisted companies from/to the general public directly or upon agency in the name of investment consultant institution,
property right brokerage company or representative office of foreign-funded company or foreign investment company located in China;
lastly, lawbreakers defraud money and properties from the mass by luring them with large amount of return in the name of securities
investment.

Each local people’s government and related department of the state council shall further unify the thoughts, pay more attention to
and be sufficiently aware of the hazardness of illegal securities activities as well as enhance political responsibility. They shall
consummate the policies and regulations about cracking down on illegal securities activities and the mechanism of joint execution
of law , check and punish a batch of major and main cases, investigate the responsibilities of the relevant personnel in accordance
with law, establish and improve mechanism with a long-term effectiveness to prevent and crack down on illegal securities activities
so as to end the spreading trend of illegal securities activities radically.

2.

Clearly dividing the duty, intensifying cooperation and shaping a joint force of law execution to crack down on illegal securities
activities

For the purpose of intensifying the organization and direction, with China Securities Regulatory Commission as the leading and the
Ministry of Public Security, the State Administration for Industry and Commerce and China Banking Regulatory Commission as the assistants
as well as by inviting the Supreme People’s Court and the Supreme People’s Procuratorate to take part in, , a coordinating group
for cracking down on illegal securities activities shall be set up to take charge of organizing and coordinating work on cracking
down on illegal securities activities, interpreting the related policies as well as determining the nature. The office of the coordinating
group shall be set in China Securities Regulatory Commission, which shall organize special organs and right-hand personnel with clearly
divided duties and well communication, together with the related departments and the provincial people’s governments, set up a working
mechanism that may provide fast and effective response and close cooperation.

The people’s governments of each province, autonomous region, municipality directly under the Central Government and the city specifically
designated in the state plan shall take charge of investigating, punishing illegal securities activities and handling the follow-up
work thereof according to the principle of territory. Once any illegal securities activity is determined by China Securities Regulatory
Commission or any dispatched office thereof, the provincial people’s government shall take charge of investigating, punishing such
illegal securities activity and handling the follow-up work thereof within its jurisdiction. Where several provinces (regions, cities)
are involved, the provincial people’s government at the locality of the registration of the company involved shall act as the leading
role, and the related provinces (regions, cities) shall actively assist and coordinate. If a crime is suspected, the case shall be
transferred to the public security organ in a timely manner, which shall record the case and investigate the criminal liabilities
in accordance with law. In case no crime is constituted, the securities regulatory department and the administrative department of
industry and commerce shall impose administrative punishment in accordance with law and their respective duties.

The local people’s governments of each level shall pay more attention, make overall arrangement, deploy in a comprehensive way, set
up a pre-warning mechanism that combines the tip-offs by the mass, media surveillance and daily surveillance and administration with
timely investigation and punishment to prevent illegal securities activities, and set down a preplan for disposing risk. With respect
to regions where such cases arise frequently in recent years, the local people’s governments concerned shall conduct the investigation,
punishment and banning work immediately after a case arises, decisively handle, investigate and punish a batch of typical cases in
a centralized way and report them publicly so as to awe the criminals, educate the mass and preserve social stability.

3.

Defining policy limits and monitoring and administering in accordance with law

(1)

Severely prohibiting the issuance of stocks to the public without authorization. Public issuance, that is an act of issuing stocks
to unspecified objects or that the accumulated number of the shareholders is more than 200 in terms of issuing stocks to specified
objects, shall be reported to China Securities Regulatory Commission for examination and approval in advance, and it is illegal to
issue stocks publicly without approval of China Securities Regulatory Commission.

(2)

Severely forbidding the public issuance of stocks in any disguised form. It belongs to non-public issuance of stocks that the accumulated
number of the shareholders is not more than 200 after issuing stocks to specified objects. The stocks of non-public issuance and
stock equity thereof may not be issued and transferred in such public ways either direct disguised as advertisement, public announcement,
broadcasting, telephone, fax, letter, recommendation fair, explanation meeting, network, short message, public inducement and so
on. It is strictly prohibited that any corporate shareholder transfers stocks to the social public in a public way, either by themselves
or by entrusting other persons. With regard to transferring stocks to specified objects, the accumulated number of the shareholders
after the transfer may not exceed 200 if it is not reported to China Securities Regulatory Commission for examination and approval.

(3)

Strictly prohibiting the illegal operation of securities business. Such securities businesses as stock underwriting, brokering (buying
and selling upon agency), securities investment consultation and so on shall be operated by the securities institutions set up upon
the approval of China Securities Regulatory Commission in accordance with law, and no other institution or individual may operate
any securities business without approval of China Securities Regulatory Commission.

Any entity or individual that violates any of the three provisions mentioned above shall be clamped down firmly, and the legal responsibilities
shall be investigated in accordance with law.

China Securities Regulatory Commission shall, according to the provisions of the laws on company and securities, study and set down
the provisions on the administration of the limited liability companies that publicly issue stocks but are not listed in securities
exchanges (hereinafter referred to as unlisted public companies), which shall clarify the conditions for the establishment and issuance
of stocks of unlisted public companies, procedure of examination and approval for issuance and rules for registration, custody and
transfer, etc, so as to integrate the supervision and administration of unlisted public companies into the track of legal system.

4.

Intensifying the efforts in guiding public opinions and the education toward investors

In order to improve the consciousness and capability of the vast number of investors in identifying and preventing the risks of illegal
securities activities and prevent the occurrence of such activities as well as nip them in the bud, China Securities Regulatory Commission,
the Ministry of Public Security and other related departments shall lead the local people’s governments of each level to disseminate
the forms, characteristics, typical cases and severe harms of illegal securities activities in an all-round and multi-angle way by
comprehensively utilizing such media as newspaper, television, broadcast, internet, etc.

The General Office of the State Council

December 12, 2006



 
The General Office of the State Council
2006-12-12

 






DECISION OF THE MINISTRY OF JUSTICE CONCERNING THE AMENDMENT OF THE MEASURES FOR ADMINISTERING ASSOCIATIONS FORMED BY LAW FIRMS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND THE MACAO SPECIAL ADMINISTRATIVE REGION AND MAINLAND LAW FIRMS

Decree No. 106 of the Ministry of Justice

No. 106

The Decision of the Ministry of Justice Concerning the Amendment of the Measures for Administering Associations Formed by Law Firms
of the Hong Kong Special Administrative Region and the Macao Special Administrative Region and Mainland Law Firms, has been adopted
at the executive meeting of the Ministry of Justice upon deliberation on December 1, 2006. It is hereby promulgated, and shall enter
into force on January 1, 2007.
Minister Wu Aiying

December 22, 2006

Decision of the Ministry of Justice Concerning the Amendment of the Measures for Administering Associations Formed by Law Firms of
the Hong Kong Special Administrative Region and the Macao Special Administrative Region and Mainland Law Firms

For the purpose of promoting the closer economic relationship between Hong Kong, Macao and Mainland, and in accordance with the Supplementary
Agreement III Concerning the Arrangement of Hong Kong/Mainland Closer Economic Relationship and the Supplementary Agreement III Concerning
the Arrangement of Macao/Mainland Closer Economic Relationship as approved by the State Council, we decided to amend Article 6 in
the Measures for the Administration of the Representative Offices Stationed in the Mainland of China by Law Firms of the Hong Kong
Special Administrative Region and the Macao Special Administrative Region as follows: “A Mainland law firm may apply for association
under the following conditions: (1) It has been set up for three years or more; and (2) It has no record of administrative sanction
or guild punishment within 2 years prior to its applying for association. No branch of a Mainland law firm may, as one party to the
association, apply for association.”

The present Decision shall enter into force as of January 1, 2007.

The Measures for the Administration of the Representative Offices Stationed in the Mainland of China by Law Firms of the Hong Kong
Special Administrative Region and the Macao Special Administrative Region (Promulgated by Order No.70 of the Ministry of Justice
and Amended by Order No. 84 of the Ministry of Justice) shall be revised correspondingly in accordance with the present Decision
and promulgated again.



 
The Ministry of Justice
2006-12-22

 






DECISION OF THE STANDING COMMITTEE OF THE NPC OF THE PRC ON ACCEDING TO THE WIPO COPYRIGHT TREATY

Decision of the Standing Committee of the NPC of the PRC on Acceding to the WIPO Copyright Treaty

December 29, 2006

(Adopted at the 25th meeting of the Standing Committee of the 10th NPC of the PRC on December 29, 2006)

It is decided at the 25th meeting of the Standing Committee of the 10th NPC to accede to the WIPO Copyright Treaty, which was adopted
at the diplomatic conference on copyrights and neighboring rights in Geneva, Switzerland on December 20, 1996. And a declaration
is simultaneously made that the WIPO Copyright Treaty does not apply to Hong Kong SAR and Macao SAR of the PRC before the government
of the PRC issues a separate notice.



 
The Standing Committee of the NPC of the PRC
2006-12-29

 






SUPPLEMENTARY PROVISIONS NO. 2 TO THE PROVISIONS ON FOREIGN INVESTMENT IN THE CIVIL AVIATION INDUSTRY

Order of the General Administration of Civil Aviation of China, the Ministry of Commerce and the National Commission of Development
and Reform

No. 174

Supplementary Provisions No. 2 to the Provisions on Foreign Investment in the Civil Aviation Industry has been deliberated and adopted
at the executive meeting of the Civil Aviation Administration of China on November 30, 2006 and has been approved by the Ministry
of Commerce and the National Commission of Development and Reform upon examination. It is hereby promulgated and shall enter into
force as of January 4, 2007.
Yang Yuanyuan, Director-General of the Civil Aviation Administration of China

Bo Xilai, Minister of the Ministry of Commerce

Ma Kai, Director-General of the National Development and Reform Commission

January 4, 2007

Supplementary Provisions No. 2 to the Provisions on Foreign Investment in the Civil Aviation Industry

Subject to Supplementary Agreement No.2 on Mainland and Hong Kong Closer Economic Partnership Arrangement, Supplementary Agreement
No. 3 on Mainland/Hong Kong Closer Economic Partnership Arrangement, Supplementary Agreement No.2 on Mainland and Macao Closer Economic
Partnership Arrangement and Supplementary Agreement No 3 to Macao/Mainland Closer Economic Partnership Arrangement as approved by
the State Council, the Supplementary Provisions to the Provisions on Foreign Investment in the Civil Aviation Industry (Decree No.
110 of the Civil Aviation Administration of China, Ministry of Foreign Trade and Economic Cooperation and State Planning Commission)
are hereby given as follows:

1.

A Hong Kong or Macao aviation sales agent meeting the definition of Hong Kong or Macao service provider is permitted to establish
an equity joint, contractual, or solely-funded air transport sales agency in the Mainland. It shall satisfy the same requirement
of registered capital as that for Mainland enterprises.

2.

The General Administration of Civil Aviation of China, Ministry of Commerce of the People’s Republic of China and the National Commission
of Development and Reform are responsible for the interpretation of the present Supplementary Provisions according to their respective
functions.

3.

The present Supplementary Provisions shall enter into force as of January 4, 2007.



 
General Administration of Civil Aviation of China, Ministry of Commerce and the National Commission of Development
and Reform
2007-01-04

 






CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON THE POLICIES AND RELATED MANAGEMENT ISSUES CONCERNING THE PRE-TAX DEDUCTION OF PUBLIC WELFARE RELIEF DONATIONS

Circular of the Ministry of Finance and the State Administration of Taxation on the Policies and Related Management Issues concerning
the Pre-tax Deduction of Public Welfare Relief Donations

Cai Shui Fa [2007] No.6
January 18, 2007

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

For the purpose of further promoting the development of social pubic welfare undertakings, the related policies and related management
issues on the pre-tax deduction of public welfare relief donations are hereby announced as follows:

1.

As regards welfare social organizations or foundations which are established upon the approval of civil affairs administrative department
in accordance with the Regulations for the Administration of the Social Groups Registration (Order No. 250 of the State Council)
and the Regulations for the Administration of Foundations (Order No. 400 of the State Council), if the related provisions are met,
and upon confirmation of the public finance and taxation authorities, it may accept the public welfare relief donations granted by
the taxpayers. The pre-tax deduction of the said donations is permitted when calculating and paying the enterprise or individual
income taxes pursuant to current tax laws, regulation and related policies.

As regards any welfare social organization or foundation that is established upon approval of the civil affairs administrative department
under the State Council, the qualification for pre-tax deduction of donations shall be confirmed by the Ministry of Finance and the
State Administration of Taxation, as regards any welfare social organization or foundation that is established upon approval of the
civil affairs administrative department under the provincial people’s government, the qualification for pre-tax deduction of donations
shall be confirmed by the provincial finance and taxation authorities, and be submitted to the Ministry of Finance and the State
Administration of Taxation for archival purpose.

State departments for accepting public welfare relief donations mean the people’s governments at or above the county level and their
departments.

2.

A non-profitable public welfare social organization or foundation that applies for the qualification for pre-tax deduction of donations
shall satisfy the requirements as follows:

(1)

It is devoted to provide services to the general public and does not focus on making profits;

(2)

It has the qualification of a public welfare legal person, and its property management and use is in line with all the laws and administrative
regulations;

(3)

The public welfare legal person possesses the total assets and increments;

(4)

Its earnings and operational surplus are mostly used for the activities conforming to the purposes of its creation;

(5)

The remained estate can not be attributed to any individual or profit-making group when it is terminated or dissolved;

(6)

It can not develop any business irrelevant to the public welfare purpose;

(7)

It has sound financial and accounting systems;

(8)

It has the organizational body that does not intend for making private profits;

(9)

Any donator may be prohibited to participate in the distributions of the assets of this organization by any means, nor may it/he has
ownership to such assets.

3.

A non-profitable public welfare social organization or foundation that applies for qualification for pre-tax deduction of donations
shall file the materials as follows:

(1)

an report concerning the application for the pre-tax deduction of donations;

(2)

the registration approval document as issued by the civil affairs administrative department under the State Council or the provincial
people’s government;

(3)

its articles of association, and the circumstances on capital sources and use for the recent years as well.

4.

Those non-profitable public welfare social organizations and foundations that have the qualification for pre-tax deduction of donations,
and the people’s governments at or above the county level and their departments must use the public welfare relief donations that
it has accepted for the scope of education, civil affairs, and other public welfare business, or for the districts that suffer from
natural disasters or the poverty-stricken districts as prescribed by tax laws or regulations.

5.

Those non-profitable public welfare social organizations and foundations that have the qualification for pre-tax deduction of donations,
and the people’s governments at or above the county level and their departments shall use the vouchers of public welfare relief donations
as uniformly printed under supervision of the central or provincial public finance department respectively subject to the financial
affiliation when accepting donations or transferring donations, and attach their respective special financial seals; and shall issue
receipts for any individual that requests for it for his donations.

6.

A taxpayer shall offer the following materials in addition when declaring the pre-tax deduction of public welfare relief donations:

(1)

certification materials on the qualification for pre-tax deduction of donations of the non-profitable public welfare social organization
or foundation that has accepted or transferred donations;

(2)

the vouchers or receipts of public welfare relief donations as issued by the non-profitable public welfare social organization or
foundation that has the qualification for pre-tax deduction of donations and the people’s governments at or above the county level
or any of it departments; and

(3)

other materials as required to be submitted by the competent taxation authority.

7.

The competent taxation authority shall manage the check of the use of public welfare relief donations by non-profitable public welfare
social organizations or foundations, and if any violation of the articles of association by a non-profitable public welfare social
organization or foundation is found or any non-profitable public welfare social organization or foundation uses any donations for
any purpose other than those prescribed in its own articles of association, the income taxes on the earnings from donations and other
kinds of earnings shall be levied, and the qualification for pre-tax deduction of donations it has confirmed shall be cancelled.

8.

This Circular shall come into force as of the date of issuance.



 
The Ministry of Finance, the State Administration of Taxation
2007-01-18

 






SEVERAL DIRECTING OPINIONS OF THE MINISTRY OF FINANCE AND THE STATE DEVELOPMENT AND REFORM COMMISSION ON EXPERIMENTING THE USE OF INDUSTRIAL TECHNOLOGY RESEARCH AND DEVELOPMENT FUNDS AS VENTURE CAPITAL

Several Directing Opinions of the Ministry of Finance and the State Development and Reform Commission on Experimenting the Use of
Industrial Technology Research and Development Funds as Venture Capital

Cai Jian [2007] No. 8

The public finance departments (bureaus) as well as the development and reform commissions of each province, autonomous region, municipality
directly under the Central Government, and city specifically designated in the state plan:

In order to implement the scientific development view, construct an innovative country, support the development of commonweal industries
and national strategic industries, as well as promote the rapid and healthy development of the venture capital undertaking in China,
the Ministry of Finance and the State Development and Reform Commission, according to the Law of the People’s Republic of China Concerning
the Promotion of the Transformation of Scientific and Technological Achievements, Some Opinions of the Ministry of Finance and the
Ministry of Science and Technology Forwarded by the General Office of the State Council on Improving and Reinforcing the Administration
of Scientific and Technological Funds Allotted by the Treasury of the Central Government (Guo Ban Fa [2006] No. 56), other related
laws and regulations, as well as the tenets of other documents,, have decided to use partial funds for research and development of
national industrial technologies as venture capital. The following opinions concerning related issues are hereby given:

I.

Principles for Venture Capital

(I)

Market-oriented operations. We shall face the market and give full play to the directing function of government funds so as to fully
drive public capitals to invest in hi-tech industries; the venture capital project shall be conducted on the basis of market, that
is, to independently operate the business and solely assume responsibility for its profits or losses; the government departments
may not interfere in the project undertaker’s operation, while the management institutions shall, upon authorization by the government,
exercise investors’ rights and bear corresponding liabilities on the basis of the investment amount.

(II)

Encouraging innovations. In experimenting the venture capital among industrial technology research and development funds, they shall
be mainly invested into commonweal or public projects of scientific and technological research and development as well as achievement
transformation thereof at the seed or start-up stage in hi-tech industries. Such projects, which are characterized by original innovations,
integrative innovations or digestible and absorbable re-innovations, differs from general commercial risk capital projects and do
not aim at the maximization of benefits are.

(III)

Focusing on guidance. The purposes of experimenting venture capital among industrial technology research and development funds are
to direct public capital to invest in hi-tech industries, to settle the short of funds in hi-tech industries at the seed or start-up
stage, and to mobilize the project undertakers’ initiative, and apportion risks on the condition that the venture capital may not
occupy majority shares or exercise the dominant management.

(IV)

Normative Management. A normative consecutive project selection mechanism shall be established. We shall, through various methods,
reinforce the capability cultivation of management institutions, to strength the responsibilities thereof, and establish an effective
risk prevention system and incentive mechanism. The funds shall, in accordance with public finance principles, be withdrawn from
the venture capital in time when it becomes mature, and the recovered funds shall be turned over to the treasury of the Central Government.

II.

Entrusted Management Institutions for Venture Capital

(I)

Determination of Entrusted Management Institutions for Venture Capital.

A professional management institution shall be entrusted to manage venture capital, and the Ministry of Finance shall, by way of invitation
to bid, determine the professional management institutions jointly with the State Development and Reform Commission, and enter into
entrustment agreements with such professional management institutions.

(II)

Qualifications of entrusted management institutions:

1.

to possess the status of an enterprise legal person;

2.

to possess registered capital of no less than 100 million Yuan;

3.

to have been engaged in venture capital management for more than 5 years;

4.

to have at least 5 practitioners with 3-year or more work experience in venture capital business;

5.

to have sound venture capital management system; and

6.

to have successful experiences in operating venture capital projects.

(III)

Duties of an entrusted management institution:

1.

recommending investment projects as required by these Opinions and other related provisions;

2.

exercising investor’s rights to the invested enterprise upon entrustment within the limit of the investment amount, including appointing
directors and supervisors thereto, and lawfully exercising rights via the shareholders’ meeting, the board of directors, and the
board of supervisors;

3.

providing the invested enterprise with various value-added services by making full use of its own resources and its experiences in
the venture capital business, assisting the enterprise to establish lawful management system, and promoting the development of the
enterprise;

4.

regularly reporting the project progress, stock capital changes and other major issues of the invested enterprise to the Ministry
of Finance and the State Development and Reform Commission; and

5.

organizing the withdrawal of venture capital as required, and turning over the recovered funds to the treasury of the Central Government
in a timely manner.

III.

Selection of Venture Capital Projects

(I)

A venture capital project shall satisfy the conditions as follows:

1.

It possesses the nature of technology for commonweal and public interests, and may obviously enhance the independent industrial innovation
capacity and the enterprise’s core competitive strength;

2.

It possesses independent intellectual properties with high technical contents; and

3.

In case it is weak recently to raise funds, it has promising market prospects and a strong anticipated profitability.

(II)

Venture capital project may be selected and determined in the two ways as follows:

1.

The State Development and Reform Commission may, according to the national economic, scientific and technological development strategies
and planning, etc, promulgate the Guidance for Applying for Venture Capital Projects jointly with the Ministry of Finance. The development
and reform commission at each locality may, in accordance with these Opinions, organize related projects and recommend them to the
State Development and Reform Commission and the Ministry of Finance jointly with the public finance department (bureau), while the
State Development and Reform Commission joint with the Ministry of Finance shall, after organizing experts to make an appraisal,
decide whether to approve the investment projects and investment amounts on the basis of the conclusion of an investment agreement
between each entrusted management institution and its invested entity through negotiations.

2.

The entrusted management institution may recommend investment projects. The entrusted management institution may, within the key venture
capital-supported areas determined by the State Development and Reform Commission and the Ministry of Finance, evaluate and select
a project it has invested in accordance with the principles and requirements as provided for in these Opinions, and report it to
the State Development and Reform Commission and the Ministry of Finance. The State Development and Reform Commission shall, on the
basis of the expert appraisal, decide whether to approve the investment projects and investment amounts jointly with the Ministry
of Finance.

(III)

Materials to be reported for applying for a venture capital project:

1.

the project feasibility study report and the preliminary argument opinions of experts;

2.

accounting reports and credit standing materials of the project declarer in the latest two years which have been audited by intermediary
institutions;

3.

the current stock right structure of the project declarer;

4.

the project declarer’s resolution on consenting to the shares held in the form of fiscal investments; and

5.

other related materials.

IV.

Fund Allotment

The Ministry of Finance shall, according to relevant provisions, allot funds to the special fiduciary accounts of the entrusted management
institutions on the basis of the directory and amounts of the approved investment projects, as well as the investment agreements
entered into between the entrusted management institutions and their respective invested entities, and the entrusted management institutions
shall then allot the said funds to their respective invested entities.

The special fiduciary account of an entrusted management institution shall be opened in an agency bank designated by the Ministry
of Finance. And the Ministry of Finance, the entrusted management institution and the bank of deposit shall enter into an agreement
to stipulate that the trusteeship institution may notice the bank to allot the funds only after it has received the allotment notice
from the Ministry of Finance.

In case the allotment cannot be conducted continuously by virtue of any particular reason, the entrusted management institution shall
recover and turn over the investment funds to the treasury of the Central Government in a timely manner.

V.

Withdrawal of Venture Capital

The withdrawal of venture capital in a project may be realized through merger or acquisition of enterprises, buy-back of stock rights
and listing on the stock market, etc.

An entrusted management institution shall be responsible for observing the opportunities for the withdrawal of an investment project,
and shall conduct the withdrawal when the opportunity comes. It shall also submit the withdrawal opportunity, the withdrawal method,
etc. to the Ministry of Finance and the State Development and Reform Commission in a timely manner.

The withdrawn funds (containing the recovered interests and dividends) shall be directly recovered to the special fiduciary account,
and be turned in to the treasury of the Central Government by the entrusted management institution in a timely manner.

VI.

Entrustment Expenses

For entrusting a management institution to manage venture capital, certain fees shall be paid. The fees consists of two parts: one
part is for daily management expenditures, which shall not exceed 3% of the investment balance; and the other part is for rewarding
performance, which shall not exceed a certain proportion of the total investment proceeds (net proceeds after offsetting the losses).
The specific arrangements on the entrustment expenses shall be stipulated in the entrustment agreement.

VII.

Assessment and Supervision

(I)

An entrusted management institution shall, according to these Opinions and the issues agreed upon in the entrustment agreement, carefully
perform corresponding management duties. And it shall formulate corresponding venture capital management systems and work flows and
risk prevention systems, and shall establish corresponding work departments.

(II)

The entrusted management institutions shall be subject to the assessment and supervision of the Ministry of Finance and the State
Development and Reform Commission, who have the right to check the entrusted management institutions at irregular intervals and to
monitor the funds in special fiduciary accounts. Each entrusted management institution shall report its accounting reports and venture
capital management reports to the Ministry of Finance and the State Development and Reform Commission at regular intervals at least
once every year. The reports shall mainly contain:

1.

the entrusted management institution’s assets, liabilities and owners’ equities;

2.

the entrusted management institution’s operation;

3.

the scale and completion of the investment contribution of venture capital;

4.

the invested enterprise’s operation;

5.

the venture capital’s withdrawal and proceeds; and

6.

other issues as stipulated in the entrustment agreement.

(III)

In case an entrusted management institution falls under any of the following circumstances, the Ministry of Finance and the State
Development and Reform Commission are enpost_titled to cancel or replace it, and may resort to legal means when necessary:

1.

It dose not satisfy the qualifications as provided for in these Opinions any longer;

2.

It has grossly violated any law or rule;

3.

It is revoked, dissolved or declared as bankrupt according to law; or

4.

Other circumstances stipulated in the entrustment agreement.

As regards the experiment of venture capital among industrial technology research and development funds, it is a new and helpful exploration
of the way of supporting hi-tech industries with fiscal funds. However, venture capital is characterized by long investment period
and high risk, so importance shall be attached to the prevention of risks so as to develop the experiment in an orderly manner in
accordance with law. We shall pay attention to giving full play to the functions of the market mechanisms and the seed functions
of fiscal funds so as to promote the development of the venture capital in an active and steady way.

The Ministry of Finance

The State Development and Reform Commission

January 30, 2007



 
The Ministry of Finance, The State Development and Reform Commission
2007-01-30

 






1...767778...83Page 77 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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