PEOPLE’S BANK OF CHINA LAW
Law of the People’s Republic of China on the People’s Bank of China | |
|
|||||||||||
Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. | |||||||||||
Law of the People’s Republic of China on the People’s Bank of China | |
|
|||||||||||
Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. | |||||||||||
CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION CONDITIONS AND PROCEDURES CHAPTER III MANAGEMENT OF BROKERAGE CHAPTER IV PUNISHMENT PROVISIONS CHAPTER V SUPPLEMENTARY PROVISIONS Article 1 These Provisions are formulated in order to develop and standardize the real estate market of this city and strengthen the management Article 2 The broking activities in real estate mentioned in these Provisions refers to the business activities for providing such services The real estate agent mentioned in these Provisions refers to an organization or an individual who is qualified as a real estate agent, Article 3 These Provisions shall apply to all the real estate agents undertaking broking activities in real estate in this city. Real estate agents who have not registered in this city are not allowed to undertake broking activities in real estate in this city. Article 4 The Municipal Real Estate Administration and the Municipal Industry and Commerce Administration are competent authorities for administering The municipal, district or county real estate trading administration departments are in charge of the daily routine in the administration
CHAPTER II APPLICATION CONDITIONS AND PROCEDURES Article 5 Those who have reached the age of 18, have this city’s registered permanent residence, have acquired the education of senior middle Article 6 The applicant to establish a real estate broking organization shall have the following qualifications: 1. Having 5 persons or more who have received the “Qualification Certificate for Shanghai Real Estate Agent”; 2. Having a capital of RMB 100,000 or more; 3. Having the articles of association with a definite business aim; 4. Having a fixed place of business. Article 7 The applicant to become a private real estate agent shall have the following qualifications: 1. Having received the “Qualification Certificate for Shanghai Real Estate Agent”; 2. Having a capital of RMB 20,000 or more, or the property security worth RMB 20,000 or more provided by his guarantor; 3. Having a fixed place for broking activities; 4. Having had no criminal record in the 3 years previous to his application. Article 8 An applicant to become a real estate agent shall apply for registration to the industry and commerce administration department in Within 30 days after receiving the business licence, the real estate agent shall report it for the record to the district or county Article 9 The “Qualification Certificate for Shanghai Real Estate Agent” is to be verified by the issuing organization every two years. Those
CHAPTER III MANAGEMENT OF BROKERAGE Article 10 The real estate broking activities of a real estate broking organization must be conducted by its personnel who have received the The personnel who have the “Qualification Certificate for Shanghai Real Estate Agent” must conduct broking activities in real estate Article 11 A real estate agent shall sign a real estate brokerage contract with the client concerned when providing the latter with such services A real estate brokerage contract shall include the following main points: 1. Object (items for brokerage); 2. Requirements and standards for the brokerage items; 3. Time limit of the fulfillment of the contract; 4. The amount of service fee and mode of payment
|
Decree of the People’s Bank of China
No.3 In accordance with the Law of the People’s Republic of China on the People’s Bank of China and other laws and regulations, the Administrative January 3, 2003 Administrative Rules for the Reporting by Financial Institutions of Large-Value and Suspicious Foreign Exchange Transactions Article 1 These Rules are formulated in accordance with Regulations of the People’s Republic of China on Foreign Exchange Administration and Article 2 Financial institutions located in the territory of China that run foreign exchange business (hereinafter referred to as financial Large-value foreign exchange transaction refers to foreign exchange transactions above a specified amount made by transactions parties Suspicious foreign exchange transaction refers to foreign exchange transaction with abnormal amount, frequency, source, direction, Article 3 State Administration of Foreign Exchange and its branches (hereinafter referred to as SAFE) are responsible for supervising and administering Article 4 When opening foreign exchange accounts for customers, financial institutions shall abide by Rules on Using Real Name for Opening When processing foreign exchange transactions for customers, financial institutions shall verify information about the customer’s Article 5 Financial institutions shall record all large-value and suspicious foreign exchange fund transactions and keep the record for a minimum Article 6 Financial institutions shall establish and improve internal anti-money laundering post responsibility system, formulate internal Article 7 Financial institutions shall not disclose to any agency or individual information about large-value and suspicious foreign exchange Article 8 The following foreign exchange transactions constitute large-value foreign exchange transactions: (1) Any single deposit, withdrawal, purchase or sale of foreign exchange cash above US$10,000 or its equivalent, or the accumulated amount (2) Foreign exchange non-cash receipt and payment transactions made through transfer, bills, bank card, telephone-banking, internet banking Article 9 The following foreign exchange transactions constitute suspicious foreign exchange cash transactions: (1) Frequent deposit and/or withdrawal of large amount of foreign exchange cash from an individual bankcard or individual deposit account (2) An individual resident transferring to or withdrawing cash in large amount in a foreign country after depositing large amount of foreign (3) Frequent depositing, withdrawal or sale of foreign exchange through an individual foreign exchange cash account below the SAFE validated (4) Non-resident individual requiring banks to open traveler’s check or draft to convert large amount of foreign exchange cash he/she (5) Frequently depositing large amount of foreign exchange cash in a bankcard held by non-resident individual; (6) Frequent and large-amount fund movement through a corporate foreign exchange account not commensurate with the business activities (7) Regular and large-amount cash deposit into a corporate foreign exchange account without withdrawal of large amount of cash from the (8) An enterprise frequently receiving export proceeds in cash that is apparently not commensurate with the range and size of its business; (9) The RMB fund that an enterprise uses to buy foreign exchange for overseas investment is mostly in cash or has been transferred from (10) The RMB fund that a foreign-funded enterprise uses to buy foreign exchange for repatriation of profit is mostly in cash or has been (11) A foreign-funded enterprise making investment in foreign exchange cash. Article 10 The following foreign exchange transactions constitute suspicious foreign exchange non-cash transactions: (1) Foreign exchange account of an individual resident frequently receiving fund from domestic accounts that are not under the same name; (2) An individual resident frequently receiving large amount of foreign exchange remittance from abroad before remitting the total amount (3) Non-resident individual frequently receiving remittance in large amount from abroad, especially from countries (regions) with serious (4) Foreign exchange account of a resident or non-resident individual with a regular pattern of receiving large amount of fund which is (5) An enterprise making frequent and large advance payment for import and commission under trade account below the SAFE validated threshold (6) An enterprise frequently receiving, through its foreign exchange account, export payment in bills (such as check, draft and promissory (7) Dormant foreign exchange accounts or foreign exchange accounts usually with no large fund movement suddenly receiving abnormal foreign (8) An enterprise having frequent and large amount fund transactions through its foreign exchange account not commensurate with the nature (9) The foreign exchange account of an enterprise becoming inactive abruptly following frequent and large amount inflow and outflow of (10) Frequent fund movement through the foreign exchange account of an enterprise in amounts divisible by thousand; (11) Rapid inflow and outflow of fund through the foreign exchange account of an enterprise, the amount of which is big within one day (12) The foreign exchange account of an enterprise remitting abroad the bulk of balance received in multiple small amount electronic transfers, (13) A domestic enterprise opening an offshore account in the name of an overseas legal person or natural person, and the said offshore (14) An enterprise remitting fund to many domestic residents through an offshore account and surrendering foreign exchange to banks in (15) The annual expatriation of profit by a foreign-funded enterprise exceeding the amount of originally invested equity by a large margin (16) A foreign-funded enterprise rapidly moving the fund abroad in a short period of time after receiving the investment, which is not (17) Offsetting deposit and loan transactions with affiliates or connected companies of financial institutions located in regions with (18) Securities institutions ordering banks to transfer foreign exchange fund not for the purpose of securities dealing or settlement; (19) Securities institutions that engages in B share trading business frequently borrowing large amount of foreign exchange fund through (20) Insurance institutions frequently making compensation payment in large amount to or discharging insurance in large amount for the Article 11 Financial institutions shall report the large-value or suspicious foreign exchange fund transactions as defined by Articles 8, 9 Article 12 Financial institutions shall examine the following foreign exchange cash transactions and report promptly any discovery of suspected (1) Amount of expenditure of foreign exchange account roughly tallying with the amount of deposit in the previous day; (2) Depositing foreign exchange or renminbi cash in many transactions in the foreign exchange deposit accounts of other individuals and (3) An enterprise frequently purchasing foreign exchange with renminbi cash. Article 13 Financial institutions shall conduct verification over the following non-cash foreign exchange transactions, and shall promptly report (1) An individual resident frequently switching from one denomination to another when conducting foreign exchange transactions apparently (2) An individual resident asking a bank to issue traveler’s check or draft after frequently receiving foreign exchange remittance from (3) A non-resident individual frequently ordering traveler’s check or cashing traveler’s check or draft in large amount through foreign (4) When opening foreign exchange account, an enterprise declining to provide supporting documents or general information on different (5) An enterprise group making internal foreign exchange fund transfer exceeding the volume of actual business operation; (6) An enterprise providing incomplete documents when surrendering to or purchasing foreign exchange from a bank, or the amount of buying (7) When entering an item of export revenue into an account in a bank, an enterprise failing to provide valid documents but frequently (8) An enterprise frequently receiving foreign exchange, making foreign exchange payment or frequently selling foreign exchange to banks, (9) An enterprise frequently receiving foreign exchange, making foreign exchange payment, or frequently selling foreign exchange to banks, (10) Freight, premium and commission paid by an enterprise apparently not commensurate with its import and export trade; (11) An enterprise often depositing traveler’s check or foreign exchange draft, especially those issued abroad and not commensurate with (12) An enterprise suddenly paying its overdue foreign exchange loan in full with fund whose source is unspecified or not commensurate (13) An enterprise applying for a loan guaranteed by assets or credit belonging to itself or a third party, the source of which is unspecified (14) Raising fund abroad through letter of credit with no foreign trade background or other means; (15) An enterprise knowingly conducting loss-making sales or purchase of foreign exchange; (16) An enterprise seeking to conduct a swap between the local currency and foreign currency for a fund whose source and use is unspecified; (17) The capital invested by the foreign partner of a foreign-funded enterprise exceeding the approved amount or direct external borrowing (18) Local currency fund converted from capital invested by the foreign partner of a foreign-funded enterprise or external borrowing being (19) Fund movement in and out of the foreign exchange cash account of an financial institution apparently not commensurate with the size (20) Fund movement of the internal foreign exchange transaction accounts of a financial institution apparently not commensurate with its (21) Fund movement of the inter-bank foreign exchange transaction account, onshore and offshore business transaction account, or account (22) Foreign exchange credit or settlement between a financial institution and its connected enterprises fluctuating by a large margin (23) A financial institution buying an insurance policy with large value foreign currency cash; and (24) Any foreign exchange fund transaction being suspected with proper reasons by the staff of a bank or other financial institutions as Article 14 Tier-one branches located in provincial capital, capital of autonomous region and municipality directly under the central government Sub-branches and offices of a financial institution shall report, within the first five work days of every month, large-value and Each major reporting unit shall summarize large-value and suspicious foreign exchange fund transactions that take place in the province, The head office of each financial institution shall report, within the first five days of every month, large-value and suspicious Article 15 When a financial institution discovers suspected crime during the examination and analysis of large-value and suspicious foreign Article 16 SAFE branch offices in every province, autonomous region, and municipality directly under the central government shall summarize Article 17 In the case of any of the following misconduct by a financial institution, the SAFE shall issue a warning, order the financial institution (1) Failing to report, according to relevant rules and regulations, large-value or suspicious foreign exchange fund transactions; (2) Failing to keep large-value or suspicious foreign exchange transactions in record as stipulated by relevant rules and regulations; (3) Disclosing large-value or suspicious foreign exchange fund transactions in violation of relevant rules and regulations; and (4) Opening foreign exchange account without examining account-opening document. Article 18 When a financial institution opens a foreign exchange account for an individual customer without examining account-opening documents, Article 19 When a financial institution brings about grave loss as a result of its serious violation of these Rules, the SAFE may cease or revoke Article 20 Disciplinary penalty shall be imposed on the staff of a financial institution who provides assistance to money-laundering activities; Article 21 “Frequent” in these Rules means foreign exchange fund transactions occurring at least three times each day or occurring daily for “Large amount” in these Rules refers to amount close to the threshold amount for reporting as a large-value foreign exchange transaction. “A short period of time” in these Rules means within 10 business days. When “above”, “between” and “up to” are used to indicate a threshold number, a floor or a ceiling, the number that ensues any of them Article 22 These Rules shall enter into force as of March 1, 2003. |
The People’s Republic of China
2003-01-03
The Ministry of Foreign Trade and Economic Cooperation Circular on Issues Concerning Importation of Aluminum Oxide by Enterprises with Foreign Investment WaiMaiYiZiTongJinHan [2003] No.132 February 19, 2003 The commissions (departments, bureaus) of foreign economic and trade of provinces, autonomous regions, municipalities directly under In order to further the undertaking of the administration of importation of aluminum oxide by enterprises with foreign investment, I. Principles of examination and approval. (1) The applying enterprises should have been approved by force of law, which should be in compliance with the requirements of the policies (2) The applying enterprises are on going concerns with normal production and operations, and the production and processing do not adopt (3) The applying enterprises import aluminum oxide only for use by themselves for processing and production of products, and the imported II. Materials to be submitted by the applying enterprises. (1) Application report of the enterprises. (2) Certificate for approval of enterprises with foreign investment (including records on qualified joint annual inspection). (3) Business licenses of enterprises with foreign investment. (4) Contract and Articles of associations of enterprises (Articles of association only for solely funded enterprises). (5) Report of asset appraisal. (6) Operational performance of enterprises, including the financial statements and audit report of the previous year, and the importation (7) Certification of the production capacity of enterprises (including annual usage, production schedule and requirements for the demands III. Norms on issuance of licenses. Each place shall handle with the formalities for automatic importation of aluminum oxide with non-aluminum enterprises with foreign In case the aluminum enterprises with foreign investment with the business scope approved covering processing and production of IV. In case enterprises with foreign investment import aluminum oxide to produce products for domestic sales, the Customs handle with V. In case enterprises with foreign investment import aluminum oxide for processing trade, the formalities should still be handled with This is hereby the notification. |
The Ministry of Foreign Trade and Economic Cooperation
2003-02-19
The State Administration of Foreign Exchange Circular of the State Administration of Foreign Exchange for Printing and Distributing the Interim Measures for Disposing the Behaviors HuiFa [2003] No.40 March 13, 2003 Branches and Foreign Exchange Administration Offices under the State Administration of Foreign Exchange at levels of provinces, autonomous For the purpose of further improving and perfecting the administration of the verification of import payments and export proceeds Attachments: 1. Interim Measures for Disposing the Behavior of Failing to Go through Verification Procedures for Import Payments and Export Proceeds 2. Registration Form of Transfer of Overdue Unverified Export Proceeds & Import Payments in Foreign Exchanges (omitted) 3. Notice of Verification (omitted) Attachment 1:Interim Measures for Disposing the Behavior of Failing to Go through Verification Procedures for Import Payments and Export Proceeds Article 1 These Measures are formulated for the purpose of standardizing the operations within the administrations of foreign exchange, including Article 2 The “Overdue unverified import payments and export proceeds in foreign exchange within time limits” mentioned in these Measure include Article 3 For any overdue unverified import payment or export proceeds in foreign exchange, the verification department under the administration Article 4 The VDs shall regularly clear up unverified import payments and export proceeds in foreign exchange, at a frequency of at least once Article 5 The VD shall issue a Notice of Verification (see Attachment 2) to the importer/exporter that has behavior(s) of failing to go through Article 6 After the end of the urging work, the VDs shall immediately transfer the information on the unverified import transactions of any (1) Failing to go through the verification procedures after being urged to do so; (2) Failing to explain the reasons for failing to go through the verification procedures within 90 days after the day of receiving the (3) The importer could not be contacted with for the fault of importer; or (4) Refusing to receive the Notice of Verification. Article 7 For the following cases, the VDs shall defer to transfer the cases of failing to go through the verification procedures within the (1) The importer has gone through the procedures by presenting the paper-based customs declaration form sealed with the “Checked and Verified” (2) The importer has applied for deferring the verification due to missing of customs declaration form for import goods, by presenting (3) The importer is unable to declare for verification for special reasons and the VD has approved such deferring. Article 8 After the urging work is completed, the VDs shall, in a timely manner, transfer the cases of export proceeds within the time limit (1) The cases meeting with the requirements for margin verifications and being disposed; (2) The cases meeting with the requirements for verification for future reference and being disposed; (3) The cases that he foreign changes have been received but could not be verified due to technical conditions and being disposed by relevant (4) The cases failing to be verified within the stipulated time limit but having presented the explanations on the situations to the VDs Article 9 When the VDs transfer the information on unverified import payments and export proceeds in foreign exchange to the ADs, they shall (1) Notice of Verification and relative records of urging work; (2) List of overdue unverified import payments or export proceeds in foreign exchange; and (3) Relative original warrants. Article 10 After the VDs transferred the information on overdue unverified import payments or export proceeds in foreign exchange to the ADs, Article 11 The ADs shall accept with signature the cases of failing to go through the procedures for verification according to the Operating (1) The ADs shall, within 5 days, return those cases with uncompleted documents to the ADs for completion. (2) For the cases which importers/exporters have cancelled registration with the administrations of industry and commerce or which registrations (3) The ADs shall not file the cases which importers/exporters could not found through on-site investigation though their registrations (4) The cases with other proper reasons. Article 12 For the filed cases of failing to go through procedures for unverified import payments and export proceeds in foreign exchange within Article 13 For any behavior of failing to go through the verification procedures for import payments and export proceeds in foreign exchange, Article 14 For any of the following importers/exporters, the punishment may be mitigated if they present written applications and such applications (1) The overdue unverified export proceeds in foreign exchange have been disposed as bad debts with approval from the financial administration (2) The importer/exporter has gone through the verification procedures for the items under relative imports/exports prior to the issue (3) The importer has transferred back the equivalence of sum of money from abroad which has been paid to initiatively reduced harmful (4) Other cases meeting the conditions for mitigating penalties according to the Law of the People’s Republic of China on Administrative Article 15 After closing the cases for disposing unverified import payments or export proceeds in foreign exchanges, the ADs shall timely feedback Article 16 These Measures is formulated and interpreted by the State Administration of Foreign Exchange. Article 17 These Measures shall go into effect as of April 1, 2003. If previous provisions are inconsistent with these Measures, these Measures |
The State Administration of Foreign Exchange
2003-03-13
China Banking Regulatory Commission Decree of China Banking Regulatory Commission No.1 The Decision on Adjustment of Banking Market Access Management Style and Procedure has been adopted at the first Chairman Meeting Liu Mingkang, Chairman of China Banking Regulatory Commission May 29, 2003 Decision of China Banking Regulatory Commission on Adjustment of Banking Market Access Management Style and Procedure In order to raise the efficiency of market access and promote financial innovation, China Banking Regulatory Commission decided to I. Adjust the power of approving newly established branches (I) Banking regulatory bureaus or branch bureaus directly under CBRC should receive and check the application materials of the policy-related (II) Banking bureaus or branch bureaus directly under CBRC should receive and approve the application materials of various banks in the (III) Branch bureaus directly under CBRC are in charge of receiving and checking the application materials of various banks in their jurisdiction II. Adjust the style of approving new business (I) Eliminating the approval of the following business in Chinese banks: domestic factoring, liquidation of funds from agency securities (II) Eliminating the records of the following business in foreign banks: domestic factoring, interest-paid note discount from buyer or (III) Within 10 working days after state-owned commercial banks and holding commercial banks began the above-mentioned business, their general (IV) Different banks are enpost_titled to authorize their affiliated agencies meeting the requirement to do the new business which has been III. adjust the style of checking and approving the qualification of holding posts of senior administrative personnel (I) In Chinese banks, solely-owned banks established by foreign investors and Sino-foreign joint venture banks, for the senior administrative (II) The above-mentioned senior administrative personnel may submit their auditing reports for leaving posts and materials related to holding (III) Eliminating the records of post-holding qualifications of directors of foreign-invested banks branches. IV. Present style and procedure of market access of urban credit cooperatives, rural credit cooperatives and postal saving agencies maintain |
China Banking Regulatory Commission
2003-05-29
The Ministry of Construction Circular on Distributing the Interim Measures for Bid-Inviting and Bidding Management of Preliminary Realty Management of the Ministry JianZhuFang [2003] No.130 The construction departments of the provinces and autonomous regions, the bureaus of the real estate administration of the municipalities In order to regulate the bid-inviting and bidding activities of the realty management, to safeguard the legitimate rights and interests The Ministry of Construction of PRC June 26, 2003 Interim Measures for Bid-Inviting and Bidding Management of Preliminary Realty Management Chapter I General Provisions Article 1 The Measures are formulated in order to regulate the bid-inviting and bidding activities of the realty management, to safeguard the Article 2 The preliminary realty management herein shall refer to the realty management implemented by the realty management enterprise engaged The Measures shall apply when the construction entity selects the realty management enterprises with the corresponding qualification Article 3 A construction entity of any residential and the non-residential realty in a same realty management area shall select the realty management The state promotes that the construction entities of other realty engage the realty management enterprises with the corresponding Article 4 The bid-invitation and bidding activities of preliminary realty management shall stick to the principle of openness, fairness, justice Article 5 The administrative department of construction under the State Council shall be in charge of the supervision and administration of The administrative departments of construction of the local peoples governments of the provinces and autonomous regions shall be The administrative departments of real estate of the local peoples governments of the municipalities directly under the Central Article 6 Any entity and individual shall not violate the provisions of laws and administrative regulations, restrict or exclude the eligible Chapter II Bid Invitation Article 7 The bid inviter herein refers to the realty construction entity that carries out the bid-inviting of preliminary realty management The bid-invitation of preliminary realty management shall be organized and implemented by the bid inviter. The bid inviter shall not Article 8 The bid invitation of preliminary realty management includes open bidding and invited bidding. In case of open bidding, the bid inviter shall promulgate the bid-inviting announcement on public medium, and at the same time promulgate The bid-inviting announcement shall clearly state the name and address of the bid inviter, the basic circumstances of the bid-inviting In case of invited bidding, the bid inviter shall issue bidding invitations to no less than 3 realty management enterprises, which Article 9 The bid inviter may entrust the bid-inviting agency to handle with the bid invitation, and if competent, the bid inviter may also The bid-inviting agency of realty management shall handle with the bid invitation in the authorized scope of the bid inviter and abide Article 10 The bid inviter shall complete the preparation of the bid-inviting documents prior to the bid invitation according to the features The bid-inviting documents shall include the following content: (I) brief introduction of the bid inviter and the bid-inviting project, including name, address, contact information of the bid inviter, (II) content and requirement of the realty management service, including service content, service standards, etc; (III) requirements for the bidder and bidding documents, including the qualification of the bidder, the format and the main content of the (IV) standard and method for bidding evaluation; (V) bid-inviting scheme, including bid-inviting organizations and institutions, the time and place for opening of bidding, etc; (VI) instructions on signing the realty service contract; (VII) other instructions and other content as provided for by laws and regulations; Article 11 The bid inviter shallwithin 10 days upon the issuance of the bidding invitation, submit the following materials for filling by the (I) the government approval for the development and construction of the realty project relating to the realty management; (II) the bid-inviting announcement or bid invitation; (III) the bid-inviting documents; (IV) other materials as provided for by laws and regulations. In case of violation of the provisions of laws and regulations during bid invitation, the administrative departments of real estates Article 12 The bid inviter of the open bidding may pre-examine the bidding qualification of the bidding applicants according to the provisions For the realty management project carrying out the pre-examination of the bidding qualification, the bid inviter shall clearly state The documents of the qualification pre-examination shall generally include the application format of the qualification pre-examination, Article 13 Upon qualification pre-examination, the bid inviter of the open bidding shall issue the qualified notification of qualification pre-examination In case of excessive bidding applicants who are qualified in the qualification pre-examination, the bid inviter may choose no less Article 14 The bid inviter shall determine the reasonable time required by the bidder for preparation of the bidding documents. In case of the Article 15 In case of carrying out necessary clarification or modification, the bid inviter shall notify all recipients of the bid-inviting documents Article 16 The bid inviter may organize the potential bidding applicants to visit and investigate on the site of the realty project and provide Article 17 The bid inviter shall not disclose name and quantity of the potential bidders who have obtained the bid-inviting documents and other Article 18 Prior to determining the bid winner, the bid inviter shall not hold negotiations with the bidder on the substantive content of bidding Article 19 In case of selecting realty management enterprise through bid-invitation and bidding, the bid inviter shall complete the bid-inviting (I) projects of newly established and currently marketable commodity housing shall be completed within 30 days prior to current marketing; (II) projects of presale commodity housing shall be completed before obtaining the Presale License of Commodity Housing; (III) newly established and not marketable projects shall be completed 90 days prior to delivery for use. Chapter III Bidding Article 20 The bidder herein refers to the realty management enterprise which follow the bid invitation of preliminary realty management and The bidder shall have the corresponding qualification of the realty management enterprise and other conditions required in the bid-inviting Article 21 In terms of questions that need to be clarified in the bid-inviting documents, the bidder shall put forth them in writing to the bid Article 22 The bidder shall formulate the bidding documents that follow the substantive requirements and conditions posed in the bid-inviting The bidding documents shall include the following content: (I) bidding letter; (II) bidding quotation; (III) scheme of the realty management; (IV) other materials necessary for the bid-inviting document. Article 23 The bidder shall seal and send the bidding documents to the place of bidding prior to the deadline for submission of the bidding documents Article 24 The bidder may supply, modify or withdraw the bidding documents prior to the deadline for submission of the bidding documents as required Article 25 The bidder shall not cheat to win the bid through falsehood in the name of others or by other means. The bidder shall not mutually conspire to bid, squeeze out other bidders in fair competition or damage the legitimate rights and interests The bidder shall not mutually conspire to bid and damage the national interests, the social public interests or the legitimate rights The bidder is prohibited from winning of the bid by unfair means of bribery to the bid inviter or the members of bidding evaluation Chapter IV Opening, Evaluation and Winning of Bid Article 26 Opening of bid shall be carried out at the same time as the deadline for submission of the bidding documents defined in the bid-inviting Article 27 Opening of bid shall be presided over by the bid inviter and all bidders shall be invited to participate in the opening. The opening The sealing condition of the bidding document shall be examined by the bidder or its representative, or be examined and notarized For all the bidding documents received prior to the deadline for submission of the bidding documents required in the bid-inviting The course of bidding opening shall be recorded and filed by the bid inviter for future reference. Article 28 Bidding evaluation shall be in the charge of the Bidding Evaluation Commission established by the bid inviter by force of law. The Bidding Evaluation Commission shall be composed of the representatives of the bid inviter and the experts in the realty management, The expert members of the Bidding Evaluation Commission shall be confirmed by the bid inviter by the means of random sampling from The person of interest with the bidder shall not a member of the Bidding Evaluation Commission of the relevant project. Article 29 The administrative departments of real estate shall set up a name list of experts for bidding evaluation. The administrative department The administrative department of real estate shall carry out training on laws and businesses with the experts in the expert name list, Article 30 The members of Bidding Evaluation Commission shall perform their obligations carefully, fairly, faithfully and honestly. The members of Bidding Evaluation Commission shall not contact for private purposes with any bidder or person of interest with the The members of Bidding Evaluation Commission and workers relating to the bidding evaluation activities shall not disclose the examination The workers relating to bidding evaluation activities in the preceding paragraph refer to all persons who get acquainted with the Article 31 The Bidding Evaluation Commission may require in writing the bidders to clarify or explain the content of ambiguous meaning in the Article 32 In case of convening a site demonstration meeting in the course of bidding evaluation, the bid inviter shall describe it in advance The members of Bidding Evaluation Commission shall carry out the comprehensive evaluation according to the requirements of the Bidding Except for the part of site demonstration, the bidding evaluation shall be conducted confidentially. Article 33 The Bidding Evaluation Commission shall examine and appraise and compare the bidding documents against the standards and methods of Article 34 Upon examination and appraisal, if the Bidding Evaluation Commission hold that all bidding documents are not in compliance with the In case all the realty management project that must conduct the bid-invitation by force of law are vetoed, the bid inviter shall initiate Article 35 Upon the completion of bidding evaluation, the Bidding Evaluation Commission shall put forth a written report of bidding evaluation, The bid inviter shall confirm the bid winner according to the order of candidate bid winners. If the candidate bid winners who are Article 36 The bid inviter shall confirm the bid winner 30 days prior to the deadline of the bidding valid term. The bidding valid term shall Article 37 The bid inviter shall issue the notification of bid winning to the bid winner, and at the same time notify all the bidders failing The bid inviter shall, within 15 days upon the confirmation of bid winner, file with the administrative departments of real estate Article 38 The bid inviter and bid winner shall, within 30 days upon issuing the notification of bid winning, reach a written contract according Article 39 In case of failing to enter into a contract without proper reason, the bid inviter shall compensate for the damages thereof to the Chapter V Supplementary Provisions Article 40 In case the bidder and other persons of interests hold that the bid-inviting and bidding activities are not in compliance with the Article 41 In case the bid-inviting documents or the bidding documents are prepared in more than two languages, there must be a Chinese version; Article 42 For the residence scale that is relatively small specified in Article 3 of the Measures, upon the approval of the administrative Article 43 Reference will be made with the Measures when the owners and the owners’ meeting select the realty management enterprises with the Article 44 The Measures shall come into force on September 1, 2003. |
The Ministry of Construction
2003-06-26
The State Administration of Foreign Exchanges Circular of the State Administration of Foreign Exchanges on Issues Relating to Adjustment on the Policies for Management of the Foreign HuiFa [2003] No.90 August 5, 2003 Bureaus and departments of state administration of foreign exchanges of the provinces, autonomous regions and municipalities directly On October 15, 2002, the SAFE promulgated and implemented the Circular of the State Administration of Foreign Exchanges on Issues I. The foreign exchange accounts in the current accounts relating to the following items shall be listed for management in the foreign (I) foreign exchange accounts in the current accounts for international contracting projects and international labor; (II) foreign exchange accounts in the current accounts for international ocean shipping and shipping forwarding and cargo forwarding (III) foreign exchange accounts in the current accounts for international bid invitation; (IV) foreign exchange accounts in the current accounts for provisional collection and payment to be transferred to other domestic institutions II. The domestic institutions that have opened foreign exchange accounts in the current accounts in compliance with the provisions of III. The domestic institutions eligible for the provisions of Article 1 of the Circular that have not opened foreign exchange accounts IV. When verifying and approving for opening of foreign exchanges accounts in current accounts or adjusting the account quota of domestic V. In terms of the policies for the management of other foreign exchanges accounts in current accounts not mentioned in the Circular, VI. The Circular shall come into force on September 1, 2003 and in case of any discrepancy between the previous provisions and the Circular, Upon the receipt, the bureaus shall distribute the Circular to the subordinate sub-bureaus, designated banks of foreign exchanges |
The State Administration of Foreign Exchanges
2003-08-05
Customs General Administration Decree of the General Administration of Customs of the People’s Republic of China No.103 The Provisions of the People’s Republic of China on the Customs Administration of Declaration for the Import and Export of Goods have Mou Xinsheng, Director of the General Administration of Customs September 18th, 2003 Provisions of the People’s Republic of China on the Customs Administration of Declaration for the Import and Export of Goods Chapter 1 General Provision Article 1 With a view to standardizing the declaration of import and export goods, the present Provisions are formulated in accordance with Article 2 The term “declaration” mentioned in the present Provisions means that the consignor and consignee of import and export goods and the Article 3 The present Provisions shall be applicable to the various procedures of declaration of import and export goods that the consignor Article 4 The consignor and consignee of export and import goods may declare to the customs by themselves or entrust customs declaration enterprises The consignor and consignee of export and import goods and the agent declaration enterprises shall be registered at the customs in Article 5 Both electronic declaration form or paper declaration form can be used in the declaration procedures, and both are of identical legal Electronic declaration refers to the way in which the consignor and consignee of export and import goods and the agent declaration Paper declaration refers to the way in which the consignor and consignee of export and import goods and the agent declaration enterprises, The consignor and consignee of export and import goods and the agent declaration enterprises shall declare to the customs by providing Article 6 The personnel handling the declaration procedures for the consignor and consignee of export and import goods and the agent declaration The customs agents shall, in accordance with the laws and regulations concerning the customs declaration, carry out their activities. Chapter 2 Requirements of Customs Declaration Article 7 The consignor and consignee of export and import goods and the agent declaration enterprise shall declare to the customs offices according Article 8 The consignee of import goods and the agent declaration enterprise shall declare to the customs offices within 14 days as of the day The consignee of import transit goods and the agent declaration enterprises shall handle the customs procedures of transit within The consignor of import goods and the agent declaration enterprises shall declare to the customs after the goods arrive at the custody The customs may, in accordance with the Measures of the Customs of the People’s Republic of China for Charging Delinquency Interests Article 9 The day of declaration in the present Provisions refers to the day when the declaration data are accepted by the customs. The day In the case of electronic declaration, the day of declaration shall be the day when the declaration data are accepted by the computer In the case of paper declaration, the date of declaration shall be the day of registration when the customs accepts the paper declaration Article 10 The declaration is taken to be refused by the customs where the electronic declaration form is returned by the computer system of After manual examination and verification, where part of the declaration form that has been accepted by the customs office requires Article 11 Where the consignor and consignee of export and import goods declare to the customs in their own name, they shall affix their signatures Where the declaration enterprises are entrusted by the consignor and consignee of export and import goods to declare to the customs Article 12 Where a declaration enterprise is entrusted by a consignor or consignee of export and import goods to declare to the customs, it shall In the event of handling the procedures of customs declaration upon the entrustment of the consignor or consignee of export and import 1) the materials to prove the actual situation of the import and export goods, including the names, specifications, usage, origin and 2) such business documents as the contract, invoice, documents of transportation, and packing list, etc; 3) the license certificate necessary in import and export and the attached documents; 4) the manual for processing trade (either in electronic or paper form) and other documents in import and export as are required by the The declaration enterprises which fail to reasonably perform their obligation of inspecting and verifying the authenticity and integrity Article 13 The consignees of import goods may, before making a declaration, apply in writing to the customs offices for inspecting goods or taking
The customs office shall, when inspecting goods or taking samples, issue a sampling record or a list of samples. Where any of the Article 14 After being accepted by the customs office, the declaration of import and export goods may be not be modified in any way, and none 1) The errors of the electronic declaration data arising from the failure of the computer or network system, etc; 2) After the customs discharges the export goods, the declaration of part or all of the goods is cancelled due to the mistakes of loading, 3) The errors in declaration caused by mistakes made by the customs personnel in operation or writing, which has no adverse effect upon 4) The original declaration data requires modification after the verification of prices, classification and verification of goods or 5) The original declaration data requires modification where a temporary price is specified in advance according to the trade usage yet Article 15 Where it is necessary for the consignor or consignee of export and import goods or the agent declaration enterprise to explain the Article 16 After the customs has concluded the verification of the electronic declaration forms, the consignor and consignee of export and import
Where it needs to postpone presenting the written documents and going through the relevant customs procedures due to such reasons Where paper declaration form fails to be presented within the specified or extended period, the customs shall delete the electronic Where the documents are presented on site for verification, the consignor and consignee of export and import goods and the agent declaration Article 17 Enterprises may conduct real time declaration via computer network, the specific measures for which are to be formulated by the General Chapter 3 Special Declaration Article 18 Upon the approval of the customs, the consignor and consignee of export and import goods and the agent declaration enterprise may Where the names, specifications and amounts of import and export goods have been confirmed to be accurate, the declaration enterprise The validity period of the license certificate of export and import goods declared in advance shall be counted according to the date Article 19 Under special circumstances and upon the approval of the customs, the consignor and consignee of export and import goods and the agent The enterprise going through the procedures of centralized declaration shall provide the customs with effective security, and give Electronic declaration shall be adopted in centralized declaration. The Regulations on Duties shall apply to the duty rate and exchange rate of import and export goods declared in centralized declaration. Article 20 The import and export goods transported through cables, pipelines, conveyer belts or in other special ways may be declared periodically Article 21 Where the information of intellectual property right in import and export goods is required to be declared to the customs, the consignor Article 22 Where the customs inspects the declared value of import and export goods and the categorization of tariffs, the consignor and consignee Article 23 Where it requires supplementary declaration, the consignor and consignee of export and import goods and the agent declaration enterprise Article 24 The provisions concerning the declaration of transit goods and the express luggage are further formulated by the General Administration Chapter 4 Declaration of Documents Article 25 When the consignor and consignee of export and import goods and the agent declaration enterprise go through the procedures of onsite Article 26 The paper declaration form presented to the customs can be either ready-made standard form in specific format or printed directly
The paper declaration form for import goods is submitted in quintuplicate, consisting of a page for customs operation, a page for The paper declaration form for export goods is submitted in hexaplicate, consisting of a page for customs operation, a page for the Article 27 The documents and instruments attached to the declaration form for import and export goods include: 1) contracts; 2) invoices: 3) a packing list; 4) a list of freight (manifest of cargo); 5) bills of ladings (waybills); 6) a power of attorney for customs declaration; 7) the license certificate for import and export; 8) the manual for processing trade required by the customs (in form of paper or electronic data) and other documents relating to import The customs shall retain the original version of the license certificate for import and export, and may retain the copies or duplicates Article 28 Where the customs has decided to pre-categorize the goods before the actual import and export, the consignor and consignee of export Chapter 5 Issuance and Makeup Issuance of the Certification Page and Verification and Writing-Off Page of the Declaration Form Article 29 According to the requirements of the administration of foreign exchange, taxation and processing trade, the consignor and consignee 1) The certification page of the declaration form of export goods for export drawbacks; 2) The certification page of the declaration form of import goods for payment; 3) The certification page of the declaration form of export goods for collection; 4) The verification and writing-off page of the customs for verification and cancellation in processing trade. While issuing the certification page of declaration form, the customs shall stamp on the lower right corner of the printed certificate The consignor and consignee of export and import goods and the agent declaration enterprise shall provide valid certificates required Article 30 Where makeup issuance is required due to the loss and damage of the certification page of the declaration form and the verification Chapter 6 Supplementary Provisions Article 31 With regard to the goods imported to and exported from the bonded area and the export processing area, and the goods transported in Article 32 With regard to import and export transit goods, the declaration procedures shall be handled according to the Measures of the Customs Article 33 The consignor and consignee of export and import goods and the agent declaration enterprise violating the present Provisions shall Article 34 The power to interpret the present Provisions shall remain with the General Administration of Customs. Article 35 The present Provisions shall go into effect as of November. 1st , 2003. |
Customs General Administration
2003-09-18