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Announcement No. 6, 2007 of Ministry of Commerce on Publicizing the List of The Most Competitive Brands in 2006 [2007] No. 6 Under the Measures for Evaluating and Protecting Brands in the Commercial Field (for Trial Implementation), the list of The Most Competitive Ministry of Commerce January 30, 2007 |
Ministry of Commerce
2007-01-30
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Interpretation of the Relevant Matters of the Supplementary Provisions No.2 to the Provisions on Foreign Investment in the Civil Aviation I. The Background and Content of the Supplementary Provisions No.2 to the Provisions on Foreign Investment in the Civil Aviation Industry In order to implement the Supplementary Agreement No.2 on Mainland and Hong Kong Closer Economic Partnership Arrangement signed in The Supplementary Provisions No.2 enlarges the scale of investment of Hong Kong and Macao service providers in establishing air transport II. Application Mainland and Hong Kong Closer Economic Partnership Arrangement has provided a clear definition of Hong Kong and Macao service providers, The Supplementary Provisions No.2 is applicable only to Hong Kong and Macao service providers who invest in and establish air transport III. The Departments in Charge and Relevant Regulations and Provisions The qualification authentication of sales agent has been transferred from the General Administration of Civil Aviation of China to Other regulations and provisions related to civil air transport sales agencies include Provisions for the Administration of Civil IV. Business Scope The business scope of air transport sales agencies established in accordance with the Supplementary Provisions No.2 include: class V. Registered Capital The air transport sales agencies established in accordance with the Supplementary Provisions No.2 shall meet the same standards in VI. Credentials of Financial Guarantee Credentials of financial guarantee required in applying for Qualification Certificate of Civil Air Transport Sales Agency refer to Department of Policy and Regulation of General Administration of Civil Aviation of China February 6, 2007 |
Department of Policy and Regulation of General Administration of Civil Aviation of China
2007-02-06
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Circular of the Ministry of Commerce on Entrusting Weihai Economic-Technological Area to Examine, Approve and Administer the Relevant Shang Zi Han [2007] No. 13 Weihai Municipal People’s Government and Weihai Economic-Technological Area, Pursuant to Some Opinions on Further Promoting the Development Level of National Economic and Technical Development Zones (Guo Ban 1. Upon research, we hereby authorize the Management Committee of Weihai Economic-Technological Area to be responsible for examining, 2. The Management Committee of Weihai Economic-Technological Area shall, in strict accordance with the laws and regulations on foreign 3. The Management Committee of Weihai Economic-Technological Area shall conduct a good job in examination and approval, archival filing 4. Weihai Economic-Technological Area, the management system of which needs to be improved, has not set up an independent finance department 5. This circular shall enter into force as of the promulgation date. Ministry of Commerce
February 12, 2007 1. Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Foreign-funded 2. Circular of the Ministry of Commerce on Entrusting the Provincial Administrative Departments of Commerce to Examine, Approve and Administer 3. Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and 4. Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and 5. Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Some Foreign-funded 6. Circular of the Ministry of Commerce on Entrusting Local Departments to Check Foreign-funded Commercial Enterprises (Shang Zi Han 7. Circular of the Ministry of Commerce about the related Issues on Entrusting National Economic and Technical Development Zones to Examine 8. Measures for the Administration of Foreign-funded International Freight Forwarding Enterprises (Decree No. 19, 2005 of the Ministry |
Ministry of Commerce
2007-02-12
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Some Opinions of the Ministry of Education concerning Further Intensifying the Absorption of Excellent People with Overseas Educational Jiao Wai Liu [2007] No. 8 The education departments (commissions) of each province, autonomous region, and municipality directly under the Central Government, For the purpose of implementing the “National Outlines for Medium- and Long-term Planning for Scientific and Technological Development I. The definition of “excellent people with overseas educational background”. “Excellent people with overseas educational background” may include the three levels as follows: The first level: A group of leading scholars in certain disciplines are needed in order to form a group of excellent innovation organizations. The second level: A large group of excellent academic leaders with a solid academic basis as well as prominent innovation capabilities The third level: A large quantity of young backbone teachers and scientific researchers are needed in order to uplift the overall II. Preparing a demands catalogue for excellent people with overseas educational background, as well as establishing and perfecting an According to the actual needs from the developments in education, science and technology, industry, region, etc., this Ministry shall On the basis of further enhancing and perfecting the construction of the information system of the education offices in Chinese embassies Each employing unit within the territory of China may, make pertinent plans on the absorption of talents in light of the specialties III. To build up a two-way selection platform for excellent people with overseas educational background, and offer services for excellent This Ministry shall publish information concerning domestic demands for people with overseas educational background and information 1. We shall establish an exclusive network information exchange platform and a long-distance video interview and negotiation system upon 2. We will enhance the contacts with diverse academic organizations and associations of those studying outside the territory of China 3. This Ministry will respectively organize the people studying outside the territory of China and domestic employing units to join in 4. We will organize the negotiation teams to absorb excellent people with overseas educational background upon the plan step by step, Domestic employing units may independently organize teams to go abroad to follow up and negotiate with certain excellent people with IV. Taking full advantage of national projects of science and technology, education and supports to talents to guide excellent overseas 1. The higher education institutions on the list of “211 Project” or the list of “985 Project”, and the scientific and technological 2. We shall further enhance the supports and encouragement for excellent study-abroad talents to come back to work in China through such 3. We shall make greater efforts to perform the “Project on Absorption of Intellects by Institutions of Higher Education for Academic 4. Greater efforts shall be made for “Chunhui Program” of the Ministry of Education to support excellent people with overseas educational We shall make good use of the “Chunhui Program” of the Ministry of Education to encourage excellent people with overseas educational 5. We shall make greater efforts to raise the financial support from the “Overseas Returned Scholars’ Scientific Research Initiation Higher education institutions, scientific and technological research institutions and other entities shall set up scientific research V. Establishing prompt avenues for people studying outside the territory of China to come back to work in China, and earnestly resolving We shall make greater efforts to improve the service functions of the education offices of Chinese embassies or consulates stationed Chinese education offices stationed outside the territory of China shall actively provide domestic employing units with information This Ministry shall coordinate with the related department to offer convenient service to those studying outside the territory of Active efforts shall be made to promote the establishment and implementation of specific measures on the enjoyment of national treatments VI. Intensifying the construction of entrepreneur parks for people with overseas educational background, scientific and technological We shall establish entrepreneur parks of scholars with overseas educational backgrounds, and a public entrepreneur service information This Ministry and the Ministry of Science and Technology will regularly hold a “Chunhui Cup” innovation and business start-up tournament The Ministry of Education March 2, 2007 |
The Ministry of Education
2007-03-02
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Order of the President of the People’s Republic of China
No. 62 The Real Right Law of the People’s Republic of China has been adopted at the 5th session of the Tenth National People’s Congress on March 16, 2007 Real Right Law of the People’s Republic of China (Adopted at the 5th session of the Tenth National People’s Congress on March 16, 2007)
Contents Chapter I Basic Principles Chapter II Creation, Alternation, Alienation and Termination of Real Right Section 1 Reality Registration Section 2 Chattel Delivery Section 3 Other Rules Chapter III Protection of Real Right Part II Ownership Chapter IV General Rules Chapter V State Ownership, Collective Ownership and Private Ownership Chapter VI Owners’ Partitioned Ownership of Building Areas Chapter VII Neighboring Relationship Chapter VIII Common Ownership Chapter IX Special Rules on Acquiring Ownership Part III Usufructuary Rights Chapter X General Rules Chapter XI Right to the Contracted Management of Land Chapter XII Right to Use Construction Land Chapter XIII Right to Use House Sites Chapter XIV Easement Part IV Real Rights for Security Chapter XV General Rules Chapter XVI Mortgage Right Section 1 General Mortgage Right Section 2 Mortgage Right at Maximum Amount Chapter XVII Pledge Right Section 1 Chattel Pledge Section 2 Right Pledge Chapter XVIII Lien Part V Possession Chapter XIX Possession
Supplementary Rules Chapter I Basic Principles Article 1 In accordance with the Constitution Law, the present Law is enacted with a view to maintaining the basic economic system of the state, Article 2 The civil relationships incurred from the attribution and utilization of the res shall be governed by the present Law. The term “res” as mentioned in the present Law means realties and chattels. Where it is prescribed in any provision that certain right The term “real right” as mentioned in the present Law means the exclusive right of direct control over a specific res enjoyed by the Article 3 In the primary phase of socialism, the state adheres to the basic economic system with the public ownership playing a dominant role The public economy shall be consolidated and developed by the state, and the development of the nonpublic economy shall be encouraged, The socialist market economy system shall be practiced by the state as well as the equal legal status and development rights of all Article 4 The real right of the state, collective, individual or any other right holder shall be protected by law, and may not be damaged by Article 5 The varieties and contents of real rights shall be prescribed by law. Article 6 The creation, alteration, alienation or termination of the real right of a realty shall be subject to registration in accordance Article 7 One shall, when acquiring or exercising a real right, comply with the law, respect social morals and may not infringe upon the public Article 8 In case there exists any other special provision in respect of real right in any other law, such special provision shall prevail. Chapter II Creation, Alteration, Alienation and Termination of Real Right Section 1 Reality Registration Article 9 Until it is registered in accordance with law, the creation, alteration, alienation or termination of the real right of a realty As regards the ownership of the natural resources owned by the state in accordance with law, the registration is not required. Article 10 The registration of a realty shall be handled by the registration organ at the locality of the realty. A uniform registration system over realties shall be practiced by the state. The scope, organ and measures of uniform registration Article 11 In light of the different registration items, an applicant shall, when applying for the registration of a realty, provide the ownership Article 12 A registration organ shall perform the duties as follows: (1) to examine the ownership certificate and other necessary materials as provided by the applicant; (2) to inquire the applicant about the registration items concerned; (3) to register the related items in accordance with the facts and in a timely manner; and (4) other duties as provided for in any law or administrative regulation. In case the related situation of the realty under application for registration needs further proving, the registration organ may request Article 13 No registration organ may commit any of the behaviors as follows: (1) to ask for an evaluation of a realty; (2) to repeatedly register registration in the name of annual inspection; or (3) other behaviors conducted beyond its scope of registration duties. Article 14 As regards the creation, alteration, alienation or termination of the real right of a realty, it shall go into effect since the date Article 15 As regards a contract entered into by the related parties concerned on the creation, alteration, alienation or termination of the Article 16 The realty register shall be the basis for deciding the ownership and contents of a realty and shall be under the management of the Article 17 The realty ownership certificate shall be the evidence for the holder’s ownership of a realty. The items recorded in the realty ownership Article 18 Any right holder or interested party may file an application for consulting or copying the registration materials, and the registration Article 19 In case any right holder or interested party holds that there is anything wrong in any item recorded in the realty register, it/he The interested party may apply for dissidence registration, in case the holder recorded in the realty register does not agree to the Article 20 In case the related parties entered into a purchase agreement on a premise or the real right of any other realty, they may apply In case the obligee’s right is terminated after the advance notice registration is made, or the application for the registration of Article 21 In case any related party provides false materials for applying for registration and causes damages to any other person, it/he shall In case any registration organ causes damages to any other person by virtue of any mistake in registration, it shall assume the liability Article 22 Realty registration fees shall be charged on each piece, and may not be charged on the basis of the size, volume or certain proportion Section 2 Chattel Delivery Article 23 Unless it is otherwise prescribed by any law, the creation or alienation of the real right of a chattel shall come into effect upon Article 24 The creation, alteration, alienation or termination of the real right of any vessel, aircraft or motor vehicle and so on may not Article 25 In case the right holder has legally possessed the chattel prior to the establishment or alienation of a chattel’s real right, the Article 26 In case a third party has legally possessed the chattel prior to the establishment or alienation of a chattel’s real right, the person Article 27 In case both parties agree to let the alienator continuously possess the chattel when the real right of a chattel is alienated, the Section 3 Other Rules Article 28 In case the creation, alteration, alienation or termination of a real right is resulted from a legal document of the people’s court Article 29 In case real right is acquired through inheritance or bequest, it shall go into effect as of the beginning time of the inheritance Article 30 In case a real right is created or terminated as a result of such factual behaviors as the legal construction or premise demolition, Article 31 As regards a real right of realty enjoyed according to the provisions of Articles 28 through 30 of the present Law, any disposal Chapter III Protection of Real Right Article 32 Where a real right is damaged, the right holder may settle the problem by means of conciliation, mediation or arbitration, etc. Article 33 Where any dispute over the ownership or content of real right arises, the interested parties may require the confirmation of the Article 34 Where a realty or chattel is under an unauthorized possession, the right holder may require the returning of the original object. Article 35 In case a real right is under obstruction or may be obstructed, the right holder may require the removing of the impediment or the Article 36 In case a realty or chattel is damaged, the right holder may require the repairing, remaking, changing or the restoration of the Article 37 In case the infringement upon a real right causes losses to the right holder, the right holder may require the compensation for the Article 38 The ways for protecting real right as prescribed in the present Law may apply either independently or jointly in light of the specific In addition to assuming civil liabilities, any entity or individual infringing upon a real right shall assume the administrative liabilities Part II Ownership Chapter IV General Rules Article 39 The owner of a realty or chattel is enpost_titled to possess, utilize, seek profits from and dispose of the realty or chattel in accordance Article 40 The owner of a realty or chattel is enpost_titled to establish a usufructuary right or real right for security over the realty or chattel. Article 41 As regards a realty or chattel that is exclusively owned by the state as prescribed by law, its ownership may not be acquired by Article 42 In order to meet the demands of public interests, it is allowed to requisition lands owned collectively, premises owned by entities When requisitioning land owned collectively, it is required to, in accordance with law and in full amount, pay land compensation fees, When requisitioning the premises owned by entities and individuals or other realties, it is required to compensate for demolishment The compensation fees for requisition and other fees may not be embezzled, misappropriated, privately shared, detained or delayed Article 43 Special protections are provided by the state for farm lands, the conversion of farm lands into construction lands is strictly restricted Article 44 For meeting needs of emergent dangers or disasters, it is allowed for one to use the realties or chattels owned by entities and individuals Chapter V State Ownership, Collective Ownership and Private Ownership Article 45 As regards the properties that shall be owned by the state as provided for by law, they shall be in the ownership of the state, that The State Council shall exercise the ownership of state-owned properties on behalf of the state; in case there is any otherwise provision Article 46 Mineral deposits, waters and sea areas shall be in the ownership of the state. Article 47 Urban lands shall be in the ownership of the state. As regards lands in the rural areas and suburban areas that shall be owned by Article 48 Such natural resources as forests, mountains, grasslands, waste lands and tidal flats shall be in the ownership of the state, except Article 49 As regards the wildlife resources that shall be owned by the state as provisioned by law, they shall be in the ownership of the state. Article 50 Radio frequency spectrum resources shall be in the ownership of the state. Article 51 As regards the cultural relics that shall be owned by the state as provisioned by law, they shall be in the ownership of the state. Article 52 National defense assets shall be in the ownership of the state. As regards such infrastructures as railways, highways, electric power facilities, telecommunication facilities, and petrol and gas Article 53 State organs have the power, in accordance with the laws and the relevant provisions of the State Council, to possess, utilize and Article 54 The public institutions held by the state have the power to possess, utilize, as well as, according to the laws and the relevant Article 55 As regards the enterprises set up with the funds invested in by the state, the State Council and the local people’s governments shall Article 56 The state-owned properties shall be protected by law, and no entity or individual may encroach, plunder, privately distribute, hold Article 57 The institutions and working personnel thereof in charge of performing the duties of managing and supervising state-owned assets In case any entity or individual, in the process of enterprise restructuring, merger, division or affiliated transactions, causes Article 58 The collectively-owned realties and chattels shall contain: (1) Lands, forests, mountains, grasslands, wastelands and tidal flats that shall be in the ownership of collective as provided for by (2) Buildings, production facilities, farmland, and water conservancy facilities that are in the ownership of collective; (3) Facilities for education, science, culture, sanitation and sports, etc that are in the ownership of collective; (4) Other realties and chattels that are in the ownership of collective. Article 59 The realties and chattels that are in the ownership of a farmers’ collective shall be collectively owned by all the members of this The following issues shall be determined by the members of the collective according to the statutory procedures: (1) land contracting plan and whether to contract out a land to an entity or individual not included in the collective; (2) adjustment of the contracted lands among the right holders of the contracted management of land; (3) methods for using and distributing such fees as land compensation fees; (4) the alteration of ownership or any other related issue of an enterprise set up with the funds invested in by the collective; and (5) other issues provided for by any law. Article 60 As regards any collectively-owned land, forest, mountain, grassland, wasteland or tidal flat, the ownership thereof shall be exercised (1) In case it is owned by a farmers’ collective of a village, a collective economic organization or the villagers’ committee of the village (2) In case it is owned by two farmers’ collectives or more, all the collective economic organizations or villagers’ groups of the village (3) In case it is owned by a farmers’ collective of a town, a collective economic organization of the town shall exercise the ownership Article 61 As regards any realty or chattel owned by an urban collective, this urban collective has the rights to possess, use, seek profits Article 62 The collective economic organization, villager’s committee or villagers’ group shall, in accordance with the relevant laws, administrative Article 63 Collectively-owned properties shall be protected by law, and any entity or individual may not encroach, plunder, privately distribute, Where the legitimate rights and interests of any member of the collective are infringed upon by any decision made by a collective Article 64 An individual has the right to own his legal income, premise, household goods, production instruments, raw materials as well as other Article 65 The legal savings, investments and the proceeds therefrom of an individual shall be protected by law. An individual’s right of inheritance as well as other legal rights and interests shall be protected by the state in accordance with Article 66 An individual’s legal properties shall be protected by law, any entity or individual may not encroach, plunder or destroy them. Article 67 The state, any collective or individual may invest to set up a limited liability company, a company limited by shares or any other Article 68 In accordance with the laws, administrative regulations and its articles of association, An enterprise legal person is enpost_titled As regards the rights over the realties and chattels owned by a legal person other than an enterprise legal person, the provisions Article 69 The realties and chattels owned by social organizations in accordance with law shall be protected by law. Chapter VI Owners’ Partitioned Ownership of Building Areas Article 70 As regards such exclusive parts within the buildings as the residential houses or the houses used for business purposes, an owner Article 71 An owner is enpost_titled to possess utilize, seek profits from and dispose of the exclusive parts of the building. Any owner may not Article 72 An owner enjoys the rights and assumes the obligations over the common parts other than the exclusive parts of the building, and In case an owner alienates his residential house or the house used for business purposes within the building, the common ownership Article 73 The roads within the building zone, except for the public roads of cities and towns, shall be commonly owned by the owners. The green Article 74 The parking places and garages within the building area planned for parking cars shall be used to meet the needs of the owners above The ownership of the parking places and garages shall be agreed upon by the related parties in the manners of selling, complementary The parking places, which occupy the roads or other fields commonly owned by all owners, shall be in the common ownership of all the Article 75 The owners may set up an owners’ assembly and vote for an owners’ committee. For the establishment of the owners’ assembly and the vote of the owners’ committee, the related departments under the local people’s Article 76 The following matters shall be commonly determined by all owners: (1) to formulate and revise the rules of procedure for the owners’ assembly; (2) to formulate and revise the stipulations on managing the building and affiliated facilities thereof; (3) to vote for the owners’ committee or alter the members thereof t; (4) to hire or fire the realty service enterprise or any other manager; (5) to raise or use the funds for maintaining the building and affiliated facilities thereof; (6) to rebuild the building or any of its affiliated facilities; (7) other important matters on the common ownership and the common management right. For making a decision on matters prescribed in Item (5) or (6) of the preceding paragraph, the consent of the 2/3 or more of the total Article 77 Any owner may not alter a residential house into a house used for business purposes with violation of any law, regulation or management Article 78 Decisions made by the owners’ assembly or the owners’ committee are binding to each owner. In case the legitimate rights and interests of any owner has been injured by any decision made by the owners’ assembly or the owners’ Article 79 The funds for maintaining a building and affiliated facilities thereof shall be commonly owned by the owners of the building. The Article 80 As regards such matters as the expenses allocation and the proceeds distribution of a building or any of its affiliated facilities, Article 81 The owners of a building may manage the building and affiliated facilities thereof by themselves or they may entrust a realty service As regards the realty service enterprise or any other manager hired by the construction entity, the owners are enpost_titled to alter it Article 82 The realty service enterprise or any other manager shall, upon the strength of the owners’ entrustment, manage the building and affiliated Article 83 The owners shall comply with the laws, regulations and management stipulations. As regards any act infringing upon the lawful rights and interests of other persons, such as discarding wastes at will, discharging ANNOUNCEMENT NO.11, 2007 OF MINISTRY OF COMMERCE ON PROMULGATING FINAL ARBITRATION ON ANTI-DUMPING INVESTIGATION ON NONYL PHENOL ORIGINATED FROM INDIA AND TAIWAN REGION
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Decree No.38 of China Securities Regulatory Commission
No.38 The Interim Measures for the Administration of Futures Investor Safeguard Funds have been deliberated and adopted by China Securities Chairman of China Securities Regulatory Commission Shang Fulin Minister of Ministry of Finance of the People’s Republic of China Jin Renqing April 19, 2007 Interim Measures for the Administration of Futures Investor Safeguard Funds Article 1 In accordance with the Regulation on the Administration of Futures Trading, the present measures are formulated in order to protect Article 2 Futures investor safeguard fund (hereinafter referred to as safeguard fund) is a fund that is exclusively used for compensating investors’ Article 3 Performing futures trading activities shall observe the principles of openness, fairness, justice and that investors shall make investment In case any investor suffers losses from the fluctuation of the futures market or the change of the value of the product he/it invests Article 4 Safeguard funds shall be raised according to the principle of taking from the market and being used for the market. Article 5 Safeguard funds shall be uniformly managed and planned as a whole by China Securities Regulatory Commission. Article 6 Management and operation of safeguard funds shall be implemented observing the principles of openness, reasonableness and effectiveness. Article 7 The use of safeguard funds shall be performed observing the principles of ensuring the legitimate rights and interests of investors, Chapter II Raise of Safeguard Funds Article 8 The administrative organ of safeguard funds shall set up an exclusive account in the name of safeguard fund, and this account shall Article 9 The start-up capital of safeguard funds shall be formed by a futures exchange with 15 percent of the total amount of risk reserves (1) Payment of 3 percent of the transaction commission charges as collected by the futures exchange against the futures company members; (2) Payment of 0.0005 percent to 0.0010 percent of the vicegerent trading volume made by futures companies out of their transaction commission (3) Other legal property recovered or accepted by the administrative organ of safeguard funds. As for a futures company that has higher risks because of the deterioration of financial condition thereof or its failure to do well Article 10 A futures exchange shall transfer the start-up capital that it shall pay into the exclusive account of safeguard funds within one Futures exchanges and futures companies shall pay follow-up capital on quarterly manner. A futures exchange shall pay its due safeguard Article 11 In the case of any of the following circumstances, futures exchanges or futures companies may temporarily suspend the payment of (1) The total amount of safeguard funds reaches RMB 800 million; (2) It is suffering from a gross unexpected market risk or force majeure. The scale, payment proportion and payment mode of safeguard funds shall be determined and adjusted by China Securities Regulatory Article 12 Sources of safeguard funds may be diversified. Safeguard funds may accept private donations or any other legal property. The interests Chapter III Management and Supervision of Safeguard Funds Article 13 China Securities Regulatory Commission and the Ministry of Finance may designate a related organ to serve as the administrative organ Article 14 The management of safeguard funds shall be performed in light of the principles of safety, stability and soundness to ensure the Safeguard funds may only be used for bank deposit, purchasing national bonds, bonds of the central bank (including instruments of Article 15 Safeguard funds shall be used under independent management and separate accounts and be effectively isolated from other assets that The administrative organ of safeguard fund shall prepare reports relating to the raising, management and use of safeguard funds on Article 16 The administrative organ of safeguard funds, futures exchanges and futures companies shall appropriately keep the accounting vouchers, Article 17 The Ministry of Finance shall take the responsibility of surveilling the financial affairs of safeguard funds. The annual revenue Article 18 China Securities Regulatory Commission shall take the responsibility of surveilling the business operations of safeguard funds, and Chapter IV Use of Safeguard Funds Article 19 In case a futures company is in serious violation of related laws and rules or fails to do well in risk control leading to shortfall Article 20 With respect to the losses of guarantee money as suffered by a futures investor, it shall be compensated with the safeguard funds (1) As for the losses suffered by an individual investor, the part below RMB 100,000(including RMB 100,000) shall be compensated in full (2) As for the losses suffered by an institutional investor, the part below RMB 100,000 shall be compensated in full amount, while the If the current safeguard fund is not enough to make the compensation, the follow-up capital of safeguard funds shall be used to make Article 21 China Securities Regulatory Commission and the administrative organ of safeguard funds shall surveil the related futures company Article 22 As for the losses of guarantee money as suffered by an investor for his/its participation in illegal futures trading, it may not Article 23 The administrative organ of safeguard fund shall acquire the right to be compensated accordingly after any safeguard fund is used Article 24 The administrative organ of safeguard fund shall timely report the circumstances concerning the use, compensation and recovery of Chapter V Penalty Rules Article 25 In case any futures company is in serious violation of related laws or fails to do well in risk control leading to any shortfall Article 26 In case any futures exchange or futures company is in violation of the present measures by way of deferring the payment or refusing Article 27 As for any individual or entity committing misappropriating, encroaching or defrauding safeguard funds or any other illegal behavior, Chapter VI Supplementary Rules Article 28 The present measures shall enter into force as of August 1, 2007. |
China Securities Regulatory Commission, Ministry of Finance
2007-04-19
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Official Reply of the State Administration of Taxation about Levy of Urban Land Use Tax of Foreign-invested Enterprises and Foreign Guo Shui Han [2007] No. 596 Local Taxation Bureau of Xiamen, We have received your Request for Establishment of Transitional Period for the Levy of Land Use Tax of foreign-funded enterprises “Decision of the State Council on the Modification of ‘Interim Regulations of the People’s Republic of China Governing Land Use Tax State Administration of Taxation June 1, 2007 |
State Administration of Taxation
2007-06-01
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Ministry of Finance, State Administration of Taxation Circular of the Ministry of Finance and the State Administration of Taxation on the Standards for Determining the Newly-established Cai Shui [2006] No. 1 The fiscal departments (bureaus), state taxation bureaus and local taxation bureaus of all provinces, autonomous regions, municipalities With the unswerving development of society and economy as well as further deepening of the reform of enterprises, a new problem that I. Standards for Determining the Newly-established Enterprises that may enjoy the deduction or exemption of the enterprise income tax 1. Where an new establishing enterprise has transacted the formalities of book in and registration in the administrative department 2. Where the accumulated contributed amount of non-monetary assets as fixed assets and intangible assets as actually contributed by In particular, the registered capital of a newly-established enterprise shall be the real paid-in capital or equity that has been II. During the period when a newly-established enterprise enjoys the preferential policies of deduction or exemption of the enterprise III. The present Circular shall come into force as of the day of issuance. The specific taxation collection and administration scope of IV. The term “VI. Definition of newly-established enterprises” and the conditions for determination as prescribed in the Circular of the Ministry of Finance State Administration of Taxation January 9, 2006 |
Ministry of Finance, State Administration of Taxation
2006-01-09
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Ministry of Commerce Ministry of Commerce Announcement No.123, 2005 on Final Arbitration on Dimethyl Cyclosiloxane [2005] No.123 On July 16, 2004, in accordance with Anti-dumping Regulations of People’ Republic of China, Ministry of Commerce issued an announcement Ministry of Commerce issued the preliminary determination on September 29, 2005, confirming that dumping of the investigated product As the final arbitration, Ministry of Commerce decided to impose anti-dumping duties on the investigated product. Customs Tariffs The investigated product is listed under No. 29310000 and 38249090 in the Import and Export Tariffs of the People’ Republic of China. The anti-dumping duty rates levied on the related companies are listed as follows: Companies of Japan: 1. GE Toshiba Silicones Co., Ltd: 14% 2. All Others: 22% Companies of the U.S,: 1. Dow Corning Corporation: 13% 2. All Others: 22% Companies of the U. K.: 1. Dow Corning Limited: 13% 2. All Others: 22% Companies of Germany: 1. Wacker-Chemie GmbH:22% 2. All Others: 22% Importers shall, while importing Dimethyl Cyclosiloxane originating from Japan, U.S., U.K. and Germany as of January 16, 2006, pay The levy of anti-dumping duties on imported Dimethyl Cyclosiloxane originating from Japan, U.S., U.K. and Germany will last 5 years The relevant interested parties could apply, in written forms, to the Ministry of Commerce for an interim review during the levy of The relevant interested parties, disagreed with the final arbitration or the levy of the anti-dumping duties, could apply for an administrative Appendix: Ministry of Commerce Final Arbitration on Anti-dumping Investigation on Imported Dimethyl Cyclosiloxane Originating from Ministry of Commerce of PRC January 16, 2006 |
Ministry of Commerce
2006-01-16
