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General Administration of Quality Supervision, Inspection and Quarantine
Decree of the General Administration of Quality Supervision, Inspection and Quarantine
No.88
The Administrative Provisions on the Supervision of Food Hygiene at Entry-Exit Ports was discussed and adopted at the Executive Meeting
of the General Administration of Quality Supervision, Inspection and Quarantine on December 31, 2005. It is hereby promulgated and
shall enter into force as of the date of April 1, 2006.
Director-General of the General Administration of Quality Supervision, Inspection and Quarantine Li Changjiang
March 1, 2006
The Administrative Provisions on the Supervision of Food Hygiene at Entry-Exit Ports
Chapter I General Provisions
ArticleI
These Provisions are formulated in accordance with the Frontier Health and Quarantine Law of the People’s Republic of China and its
Rules for Implementation, the Food Hygiene Law of the People’s Republic of China and the provisions of relevant laws and regulations
for the purposes of strengthening the administration of the supervision of food hygiene at entry-exit ports, of guaranteeing the
safety of the entry-exit food, and of safeguarding the health of the general public.
ArticleII
These Provisions are applicable to the hygiene supervision and administration for the food producing and dealing units at the entry-exit
ports and the food producing and dealing units of the ports (hereinafter referred to as the food producing and dealing units) providing
the entry-exit transportation facilities with the services of food and drinking water.
ArticleIII
The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the AQSIQ) shall be in charge
of the administrative and supervisory work of food hygiene at entry-exit ports.The local entry-exit inspection and quarantine authorities
(hereinafter referred to as the inspection and quarantine authorities) established by the AQSIQ shall be in charge of the administrative
and supervisory work of food hygiene at entry-exit ports under their jurisdictions.
ArticleIV
The inspection and quarantine authorities shall conduct an administration of health permit for the food producing and dealing units,
exercising an administration of health permit for the employees dealing food and drinking water (hereinafter referred to as the employees)
on the entry-exit transportation facilities within the entry-exit ports.The inspection and quarantine authorities shall exercise
an administration of risk analysis and grading management for the hygiene supervision and administration of the food at entry-exit
ports.
ArticleV
The inspection and quarantine authorities shall exercise the hygiene supervision and administration for the entry-exit food in accordance
with relevant national food hygiene standards, and may, in accordance with the relevant standards designated by the AQSIQ, exercise
the hygiene supervision and administration for the items subject to no national standard.
Chapter II The Health Permit Administration of the Food Producing and Dealing Units
ArticleVI
The food producing and dealing units, when undertaking new facilities building, extension of the existing facilities and facilities
rebuilding, shall receive the hygiene supervision from the local inspection and quarantine authorities.
ArticleVII
The food producing and dealing units, when starting to engage in the production and dealing of entry-exit foods, shall apply to the
local inspection and quarantine authorities for the issuing of Health Permit for Food Producing and Dealing Unit at Frontier Ports
of the People’s Republic of China (hereinafter referred to as the Health Permit).
ArticleVII
The food producing and dealing units applying for the Health Permit shall meet the sanitary conditions as follows:
1.
Having places of business, sanitary environment and sanitary installations and equipments suitable for the food producing and dealing
activities; and
2.
Having operational norms consistent with the hygienic safety requirements for food and beverage processing, and managerial system
and accountability system guaranteeing the quality of the processed food and beverage; and
3.
Having sound and well-established sanitary management organizations and systems; and
4.
The employees shall have no infectious diseases that jeopardize the food hygienic safety; and
5.
The employees shall be equipped with a general knowledge of food hygienic safety for their food producing and dealing works.
ArticleIX
The food producing and dealing units, when applying for the Health Permit, shall submit to the inspection and quarantine authorities
these documents as follows:
1.
The application letter for the Health Permit; and
2.
The duplicated copy of the Business License (resubmitted after acquired); and
3.
Documents concerning their internal sanitary management organizations and systems; and
4.
The Health Certificates of the employees and their certificates for hygienic knowledge training; and
5.
The ichnographies of their places of business and their processing flow diagrams; and
6.
The ingredients of their raw materials, documents concerning their production facilities, sanitary installations and depictions of
their product packaging materials; and
7.
The food producing units shall submit the hygienic inspection reports for their production water supply; and
8.
The hygienic standards for their products, the identifications of their products, the hygienic inspection results for their products,
and the control measures for safety and hygiene; and
9.
Other documents that need to be submitted.
ArticleX
The inspection and quarantine authorities shall, in accordance with the requirements, examine and verify the application documents
to ensure whether the documents are complete or not and whether the documents accord with relevant provisions, then make decisions
of “accepted” or “rejected” and issue written confirmations. With regard to those whose documents submitted are not complete or against
relevant provisions, the inspection and quarantine authorities shall, on the locus in quo or within 5 days after the reception of
these documents, inform the applicants to redress, otherwise, it shall be regarded as being accepted as of the date of the reception
of these documents.The inspection and quarantine authorities, after accepting the applications of the food producing and dealing
units, shall examine and verify the application documents, and conduct on-scene hygienic permit check and quantifying grading.The
inspection and quarantine authorities shall, in accordance with the results of document examinations, on-scene checks and quantifying
grading, make decisions of “approved” or “rejected” to the food producing and dealing units within 20 days as of the date of the
acceptance (the time used for on-scene check shall be excluded, and it shall not exceed 1 month at most), and shall, within 10 days
as of the date of decision, issue or send the Health Permit to the applicants.The term of validity for the Health Permit is of 1
year. The food producing and dealing units, when demanding an extension of the term of validity for the Health Permit, shall submit
applications to the local inspection and quarantine authorities within 30 days before the expiration of the Health Permit.
ArticleXI
Within the term of validity for the Health Permit, the food producing and dealing units, when undertaking the change of their business
items, their legal persons, and their unit names, relocation of their producing facilities, new facilities building, extension of
the existing facilities and facilities rebuilding, shall report to the inspection and quarantine authorities that issued their Health
Permit.
ArticleXII
The food producing and dealing units, when shutting down their businesses, shall go to the inspection and quarantine authorities that
issued their Health Permit to go through the formalities of cancellation and hand in their Health Permit for cancellation.
ArticleXIII
The food producing and dealing units, when supplying food and products for food to the food producing and dealing units of other places,
may, upon the strength of the effective Health Permit, go to file with the inspection and quarantine authorities of the places concerned
their activities.
Chapter III The Hygienic Administration of the Employees
ArticleXIV
The inspection and quarantine authorities shall exercise an administration of Health Certificate for the employees. The employees
shall annually go to the medical and public health institutions authorized by the inspection and quarantine authorities for health
examination; and the newly recruited employees and temporary employees shall undergo health examinations before they formally start
their works.
ArticleXV
The employees shall apply to the inspection and quarantine authorities for Health Certificate; and when applying for Health Certificate,
the employees shall submit these documents as follows:
1.
The application letters for Health Certificate; and
2.
The effective certifications for their identities; and
3.
The health examination reports issued by the medical and public health institutions authorized by the inspection and quarantine authorities.The
inspection and quarantine authorities shall, in accordance with relevant regulations of the AQSIQ, examine the aforesaid documents,
and issued Health Certificate to the qualified employees. The term of validity for the Health Certificate is of 1 year.Those who
obtain the Health Certificate shall be qualified to engage in production and dealing of entry-exit foods.
ArticleXVI
The inspection and quarantine authorities shall be responsible for supervising, guiding and assisting the trainings and examinations
for the employees of the food producing and dealing units at the entry-exit ports concerned.The employees shall be equipped with
a general knowledge of food hygiene and laws and regulations concerning foods.
ArticleXVII
The inspection and quarantine authorities shall make chest cards, which contain the profiles of those who pass the health examinations
and the hygienic knowledge training. And the employees shall wear these chest cards on work for examinations.
Chapter IV The Supervision and Administration of Food Hygiene
ArticleXVIII
The food producing and dealing units shall perfect their management systems for food hygiene, designate full-time or part-time management
personnel for food hygiene and strengthen the inspection of their produced and dealt foods.
ArticleXIX
The food producing and dealing units shall establish systems of inspection of merchandise purchases for approval. And when food and
raw materials are procured, the inspection-passing certificates or certificates of analysis shall be requested, and the Health Permit
shall be consulted.The units providing the entry-exit transportation facilities with foods shall establish systems of inspection
of merchandise purchases for approval, and hygienic archives for the units selling foods and raw materials. The inspection and quarantine
authorities shall regularly conduct selective examinations on the purchased foods and raw materials and screen their hygienic archives.The
hygienic archives shall contain those documents as follows:
1.
The Business License (duplicated copy); and
2.
The Production License (duplicated copy); and
3.
The Health Permit (duplicated copy); and
4.
The users of imported raw materials shall provide their Health Permit for Imported Foods (duplicated copy); and
5.
The supply contracts or agreements; and
6.
The inspection-passing certificates or certificates of analysis for related batches; and
7.
The inventories for the products and other required documents.
ArticleXX
The inspection and quarantine authorities shall, in accordance with the requirements of laws, regulations, administrative provisions
and hygienic standards, conduct supervision and inspection on the food producing and dealing units, and the supervision and inspection
shall contain those items as follows:
1.
The Health Permit, the Health Certificates of the employees and the hygienic knowledge trainings for the employees; and
2.
The hygienic management organizations and systems; and
3.
The environmental hygiene and personal hygiene, sanitary installations, the overall arrangements of equipments and the processing
flows; and
4.
The production, collection, purchase, processing, stockpiling, transportation, exhibiting, supply, sale etc. of foods; and
5.
The sensory characteristics of the food raw materials, semi-finished products and finished products and the utilization and indexing
of food additives; and
6.
The inspections of food hygiene; and
7.
On-scene inspections necessary sampling examinations of the hygienic quality of foods, dining and drinking facilities and containers
containing ready-to-eat foods; and
8.
The hygiene of the water supply; and
9.
The utilization of detergents and disinfectants; and
10.
The controlling of medical biological vectors.
ArticleXXI
The inspection and quarantine authorities shall conduct daily hygienic supervisions on the food producing and dealing units, designating
more than 2 hygienic supervisors of the ports to fill in, as required, the grading forms in accordance with the results of their
on-scene inspections. And the grading forms shall, after checks for faults by those in charge of the supervised units or other relevant
personnel, be co-signed by the hygienic supervisors of the ports and those in charge of the supervised units or other relevant personnel,
and the revisions shall be signed or sealed by those in charge of the supervised units or other relevant personnel. In case that
those in charge of the supervised units or other relevant personnel refuse to sign, the hygienic inspectors of the ports shall specify
the reasons for their refusals on the grading forms.
ArticleXXII
The inspection and quarantine authorities shall, in accordance with the relevant provisions for food hygiene inspection, collect samples
and send them for examinations, and present their Sampling Warrants (please refer to Annex III) when collecting samples.
ArticleXXIII
The food producing and dealing units engaged in supplying the entry-exit transportation facilities with food and drinking water, shall,
before the providing of their services, report to the inspection and quarantine authorities; and they may provide their services
only after the inspection and quarantine authorities’ examinations of their registration records for supplied products, their inspection-passing
certificates and inspection reports, and their other required documents.
ArticleXXIV
The aviation food producing and dealing units shall enhance food hygiene and safety by means of pursuing actively the quality control
and guarantee systems of GMP, HACCP, etc.
Chapter V Risk Analysis and Grading Management
ArticleXXV
The inspection and quarantine authorities shall, in accordance with the provisions in laws, administrative regulations and standards
and referring to the results of on-scene inspections, exercise an administration of risk analysis and level-to-level management for
the entry-exit foods.
ArticleXXVI
The inspection and quarantine authorities shall mobilize technological forces to monitor the occurrence, epidemicity and distribution
of the foodborne diseases at the ports, to forecast the epidemic tendencies of the foodborne diseases at the ports, and to advance
prevention and control countermeasures for risk analyses.
ArticleXXVII
The inspection and quarantine authorities shall exercise grading management on the food producing and dealing units of different types
in accordance with the results of their health permit examinations and daily hygienic supervisions and inspections.
1.
Those units whose results of both health permit examinations and daily hygienic supervisions and inspections are positive shall be
graded as A-level units, on which the supervisions by the inspection and quarantine authorities shall be 1 time per month.
2.
Those units whose results of either health permit examinations or daily hygienic supervisions and inspections are positive shall be
graded as B-level units, on which the supervisions by the inspection and quarantine authorities shall be 2 times per month.
3.
Those units whose results of both health permit examinations and daily hygienic supervisions and inspections are mediocre shall be
graded as C-level units, on which the supervisions by the inspection and quarantine authorities shall be 4 times per month.
4.
Those units whose results of health permit examinations are negative or whose results of health permit examinations are positive while
whose results of daily hygienic supervisions and inspections are relatively negative shall be graded as D-level units, and the inspection
and quarantine authorities shall issue no health permits to the D-level units or grant no extension of the term of validity for the
health permits next year.
ArticleXXVIII
The inspection and quarantine authorities shall exercise dynamic supervisory administration on the units of different grades in accordance
with the results of risk analyses and daily supervisions, and make necessary readjustments of promotion or demotion 1 time per year
(please refer to Annex IV).
ArticleXXIX
The inspection and quarantine authorities shall, in accordance with the food early-warning notices released by the AQSIQ, timely adopt
effective measures to prevent the supply of related foods to the entry-exit ports and entry-exit transportation facilities.
ArticleXXX
In case that such accidents as food poisoning, food contamination, foodborne diseases etc. occur, the inspection and quarantine authorities
shall initiate the Emergency Provisions for Dealing with Food Poisoning at Entry-exit Ports to conduct timely treatments and inform
relevant authorities as required in the Provisions.
Chapter VI Penalties
ArticleXXXI
The inspection and quarantine authorities shall, in accordance with the relevant provisions in the Frontier Health and Quarantine
Law of the People’s Republic of China and its Rules for Implementation and other laws and regulations, conduct administrative penalties
on the food producing and dealing units at the ports that have committed any of the following activities:
1.
Undertaking food producing and dealing activities without the Health Permit or with the counterfeit Health Permit; and
2.
Altering and lending the Health Permit; and
3.
Allowing those employees without the Health Permit to start their works, or not removing those employees having infectious diseases
jeopardizing food hygiene and safety; and
4.
Refusing to accept the hygienic supervisions from the inspection and quarantine authorities; and
5.
Other activities in violation of laws, regulations and relevant provisions.
ArticleXXXII
The inspection and quarantine authorities shall, in accordance with the relevant provisions in the Frontier Health and Quarantine
Law of the People’s Republic of China and its Rules for Implementation and other laws and regulations, conduct administrative penalties
on the employees that have committed any of the following activities:
1.
Undertaking food producing and dealing activities without Health Certificate; and
2.
Counterfeiting health examination reports; and
3.
Other activities in violation of laws, regulations and relevant provisions.
ArticleXXXIII
The employees of the inspection and quarantine authorities, who commit such activities as abusing their power, engaging in malpractice
for personal gain or neglecting their duties, shall, according to circumstances, be given administrative sanctions or investigated
for criminal responsibilities in accordance with laws.
Chapter VII Supplementary Provisions
ArticleXXXIV
The AQSIQ is responsible for the interpretation of these Provisions.
ArticleXXXV
These Provisions shall enter into force as of the date of April 1, 2006.
Annexes:
Annex I Health Permit for Food Producing and Dealing Unit at Frontier Ports of the People’s Republic of China
Annex II Pattern of Chest Card for Employee Engaged in Food Industry at the Entry-exit Ports
Annex III Sampling Warrant for Hygienic Supervision at the Entry-exit Ports
Annex IV Notice Letter of Credit Standing of Food Producing and Dealing Unit at the Entry-exit Ports htm/e04799.htm Counterfoil
Annex I
Health Permit for Food Producing and Dealing Unit at Frontier Ports of the Peoples Republic of China
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Health Permit for Food Producing and Dealing Unit at Frontier Ports of the Peoples Republic of China
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Letter of China Banking Regulatory Commission concerning Approving Tianjin Branch of Mitsui Sumitomo Banking Corporation to Deal in
RMB Business Services for Non-foreign-funded Enterprises
Japan Mitsui Sumitomo Banking Corporation,
The letter which was signed by Masayuki Oku, president of your bank, and was addressed to this Commission on October 31, 2005 has
been received.
The following reply is hereby given to you according to the Regulation of the People’s Republic of China on the Administration of
Foreign-funded Financial Institutions (Order No. 340 of the State Council, hereinafter referred to as the Regulation) and the Detailed
Rules for the Implementation of the Regulation of the People’s Republic of China on the Administration of Foreign-funded Financial
Institutions (Order No. 4, 2004 of China Banking Regulatory Commission, hereinafter referred to as the Detailed Rules):
Your Tianjin Branch is approved to deal in RMB business services for non-foreign-funded enterprises under the scope prescribed in
Article 17 of the Regulation.
After going through the statutory formalities in accordance with the Regulation and the Detailed Rules, your Tianjin Branch may, under
Article 35 of the Detailed Rules, deal in providing foreign exchange business for various clients under the following scope: providing
RMB business services for foreign-funded enterprises, China-based foreign institutions, mainland-based representative offices of
the enterprises established by institute from Hong Kong, Macao and Taiwan, aliens, compatriots from Hong Kong, Macao and Taiwan,
and the non-foreign-funded enterprises, pooling public deposits , granting short-term, medium-term and long-term loans, transacting
acceptance and discount of negotiable instruments, buying and selling government bonds and financial bonds, buying and selling non-stock
negotiable instruments denominated in a foreign currency, providing services on letter of credit and guaranties, conducting transacting
domestic and overseas settlements, buying and selling foreign currencies, buying and selling foreign currencies for itself or on
a commissioned basis, converting foreign currencies, inter-bank funding, bank card business, safety-deposit box, providing credit-standing
investigation and consultation services, as well as other business activities upon the approval of China Banking Regulatory Commission.
China Banking Regulatory Commission
March 13, 2006
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China Banking Regulatory Commission
2006-03-13
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Supreme People’s Court
Notification of the Supreme People’s Court of the People’s Republic of China
Fa Shi [2006] No.2
According to Article 93 of the Basic Law of the Macao Special Administrative Region of the People’s Republic of China, the Supreme
People’s Court reached the Arrangement between the Mainland and the Macao Special Administrative Region on the Mutual Recognition
and Enforcement of Civil and Commercial Judgments (hereinafter referred to as the Arrangement) with the Macao Special Administrative
Region upon consultation and signed the Arrangement on February 28, 2006. This Arrangement has been adopted at the 1378th meeting
of the Judicial Committee of the Supreme People’s Court on February 13, 2006 and is hereby promulgated. In light of the unanimity
of both parties, this Arrangement shall come into force as of April 1, 2006.
Supreme People’s Court
March 21, 2006
Arrangement between the Mainland and the Macao Special Administrative Region on the Mutual Recognition and Enforcement of Civil and
Commercial Judgments
In accordance with the Article 93 of the Basic Law of the Macao Special Administrative Region of the People’s Republic of China,
the Supreme People’s Court reached the following arrangements between the Mainland and the Macao Special Administrative Region on
the mutual recognition and enforcement of civil and commercial judgments with the Macao Special Administrative Region upon consultation:
Article 1
The mutual recognition and enforcement of judgments of civil and commercial cases in the Mainland and the Macao Special Administrative
Region (hereinafter referred to as Macao) (including the labor dispute cases in the Mainland and the civil labor cases in the Macao
Special Administrative Region) shall be governed by this Arrangement.
This Arrangement shall also be applicable to the judgments and verdicts of civil damages compensate involved in criminal cases.
This Arrangement shall not be applicable to administrative cases.
Article 2
The “judgments” as mentioned in this Arrangement include the judgments, verdicts, decisions, mediation agreements and orders to pay
in the Mainland; and include the judgments, verdicts, rulings of confirming reconcilement, decisions or instructions of judges in
Macao.
The “requested party” as mentioned in this Arrangement refers to either party of the Mainland or Macao that accepts the application
for recognition and enforcement of the judgment.
Article 3
In respect to an effective judgment with the content of payment made by the court of one party and, the party involved can file an
application for recognition and enforcement to the competent court with the jurisdiction of the other party.
In respect to a judgment without the content of payment or which needs not to be implemented but must be recognized through judicial
procedures, the party involved may solely file an application for recognition to the court of the other party or may directly use
this judgment as the evidence in the litigation procedures of the court of the other party.
Article 4
The mainland court that has the power to accept the applications for the recognition and enforcement of judgments shall be the intermediate
people’s court at the locality of the domicile, habitual residence or property of the party against whom the application is filed.
Where there are two or more intermediate people’s courts that all have the jurisdiction, the applicant shall choose one of intermediate
people’s courts to submit the application.
The court in Macao that has the power to accept the applications for the recognition of judgments shall be the intermediate court,
and the court that has the power to enforce shall be the primary court.
Article 5
Where the party against whom the application is filed has the property both in the Mainland and Macao that can be enforced , the applicant
may file an application for enforcement with the court of either place.
When the applicant files an application for enforcement to the court of one place, he/it can file an application to the court of another
place for seal-up, seizure or freeze of the property of the enforced party . After the court of one place enforces the judgment,
the applicant may, upon the strength of the enforcement certification issued by the court of one place, apply to the court of another
place for adopting enforcement measures of property execution for the insufficient part.
The total amount of property executed by the courts of two places shall not exceed the amount determined according to the judgment
or prescribed by the law.
Article 6
An application form for the recognition and enforcement of judgments shall indicate the following matters:
(1)
If the applicant or the party against whom the application is filed is a natural person, the application form shall indicate his name
and domicile; if the applicant or the party against whom the application is filed is a legal person or any other organization, the
application form shall indicate its name and domicile, the name, position and domicile of its legal person or main principal;
(2)
The case number and date of adjudication of the judgment for which an application for recognition and enforcement is filed; and
(3)
The reasons and targets for the application for the recognition and enforcement as well as the implementation circumstance of this
judgment by the court that renders this judgment.
Article 7
An application form shall be attached with the duplicate of the effective judgment or the certification with the seal of the court
that renders this effective judgment as well as the relevant documents that can prove the following matters issued by the court that
renders this effective judgment or by the enpost_titled organ :
(1)
The summons is delivered according to law, unless it is proved by the judgment;
(2)
A person with no capacity of litigation has an agent according to law, unless it is proved by the judgment;
(3)
The judgment has been served to the parties involved and has come into effect according to the law of the place where the judgment
is rendered;
(4)
The duplicate of the legal person business license or corporate registration certificate shall be provided if the applicant is a legal
person; and
(5)
The certification on the implementation of the judgment provided by the court that renders the judgment.
In case the court of the requested party maintains that it has thoroughly known the relevant matters, the relevant documents may be
exempted .
In case the court of the requested party is still doubtful about the authenticity of the judgment provided by the party involved,
it may request the court that renders this effective judgment for confirmation.
Article 8
An application form shall be made in Chinese. In case the attached judicial documents or relevant documents are not made in Chinese,
the Chinese translation thereof shall be provided. If the judgment rendered by the court is not made in Chinese, the Chinese translation
thereof issued by the court shall be provided.
Article 9
After the court receives an application form for recognition and enforcement of the judgment filed by an applicant, it shall serve
the application form to the party against whom the application is filed.
The party against whom the application is filed shall have the right to put forward the plea of defense.
Article 10
The court of the requested party shall examine the application for recognition and enforcement as soon as possible and render the
verdict.
Article 11
In case any of the following circumstances exist through examines and verifies by the court of the requested party , the ruling of
non recognize the judgment shall be made:
(1)
The matter verified in the judgment shall be subject to the exclusive jurisdiction of the court of the requested party according to
the laws of the requested party;
(2)
The court of the requested party has disposed any similar action, and the aforesaid action is put forward prior to the judgment to
be recognized, and the court of the requested party has the jurisdiction;
(3)
The court of the requested party has recognized or enforced the judgment or arbitration award rendered by the court or arbitral organ
other than itself for the same lawsuit;
(4)
The party that loses the case has not been lawfully summoned or the person with no capacity to take part in litigation is not provided
with any agent according to the laws of the place where the judgment is rendered;
(5)
The judgment for which an application for the recognition and enforcement thereof has not come into force or is ruled not to be enforced
due to retrial according to the laws of the place where the judgment is rendered; or
(6)
The recognition and enforcement of the judgment in the Mainland would be contrary to the basic principles of the laws or social public
interests of the Mainland; or the recognition and enforcement of the judgment in Macao would be contrary to the basic principles
of the laws or public order of Macao.
Article 12
The court shall timely serve the verdict after it renders a verdict with regard to the request for recognition and enforcement of
the judgment .
In case the party involved is not satisfied with the verdict in which the recognition of the judgment is approved or not, he/it may
request the review to the people’s court at the next higher level in the Mainland, or may file an appeal according to the provisions
of laws in Macao. In case he/it is not satisfied with the verdict made during the course of enforcement, he/it may seek for relief
from the court at the next higher level in accordance with the provisions of laws of the requested party.
Article 13
Where a judgment is recognized by verdict, it shall have equal effectiveness with the judgment rendered by the court of the requested
party. If any payment shall be conducted according to the judgment, the party involved may apply to the jurisdictional court of
the requested party for the enforcement.
Article 14
When the court of the requested party can not recognize or enforce all the requests confirmed in a judgment, it may recognize or enforce
some requests thereinto.
Article 15
Before or after the court accepts an application for recognition and enforcement of the judgment, it may take preservation measures
for the property of the party against whom the application is filed according to the provisions in the laws of the requested party
on the property preservation and upon the strength of the application of the applicant.
Article 16
While the court of the requested party accepts an application for recognition and enforcement of the judgment, or where the judgment
has been recognized and enforced, if the party involved files a same lawsuit, the court of the requested party shall not accept it.
Article 17
As to the judgment that can not be recognized according to Item (1), (4) or (6) of Article 11 of this Arrangement, the applicant
shall not file any application for recognition and enforcement any more. However, if the court of the requested party has the jurisdiction
in accordance with its laws, the party involved may file another lawsuit to the local court with the facts of the same case.
With regard to the judgment as mentioned in Item (5) of Article 11 of this Arrangement shall refer to the application that the applicant
may file another application for recognition and enforcement after the circumstance for not recognizing the judgment eliminates.
Article 18
In order to applicable for this Arrangement, all the authentication formalities shall be exempted for the original, duplicate and
translation made or notarized by the competent public institution (including notaries public) of one party, and they can be used
by the other party.
Article 19
When an applicant applies for the recognition and enforcement of the judgment in accordance with this Arrangement, he/it shall pay
the litigation costs and enforcement costs in accordance with the provisions of laws of the requested party.
In case the applicant is approved to be able to suspend, reduce or exempt the payment of litigation costs at the place where the effective
judgment is rendered, he/it shall enjoy the equal treatment when it files an application for recognition and enforcement of the judgment
with the court of the requested party.
Article 20
Unless it is prescribed by this Arrangement, the recognition and enforcement of civil and commercial judgments shall be governed by
the laws and regulations of the requested party.
Article 21
The request for recognition and enforcement put forward before this Arrangement comes into force shall not be applicable for this
Arrangement.
As to the judgments rendered by the courts in the Mainland and Macao from December 20, 1999 until before the entry-into-effect of
this Arrangement, if the party involved fails to apply for the recognition and enforcement with the court of the other party or the
court of the other party refuses to accept, the application still may be filed after the entry-into-effect of this Arrangement.
The time limit for the party involved to file an application for the recognition and enforcement of judgments rendered by the court
in Macao during the aforesaid term with the people’s court in the Mainland shall be calculated anew as of the entry-into-effect of
this Arrangement.
Article 22
Where this Arrangement meets any problem or needs to be altered during the course of implementation thereof, the Supreme People’s
Court and the Macao Special Administrative Region shall solve it through consultation.
Article 23
In order to implement this Arrangement, the Supreme People’s Court and the Court of Final Appeal of Macao shall mutually provide the
relevant legal materials.
The Supreme People’s Court and the Court of Final Appeal of Macao shall mutually circulate the notice on the enforcement of this Arrangement
every year.
Article 24
This Arrangement shall come into force as of April 1, 2006.
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