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CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE AND THE GENERAL ADMINISTRATION OF CUSTOMS ON PRINTING AND DISTRIBUTING THE INTERIM MEASURES FOR THE ADMINISTRATION OF CARRYING FOREIGN CURRENCY CASH FOR PERSONS ENTERING OR EXITING THE TERRITORY

The State Administration of Foreign Exchange, the General Administration of Customs

Circular of the State Administration of Foreign Exchange and the General Administration of Customs on Printing and Distributing the
Interim Measures for the Administration of Carrying Foreign Currency Cash for Persons Entering or Exiting the Territory

HuiFa[2003] No.102

August 28, 2003

The branches and offices under the State Administration of Foreign Exchange in all provinces, autonomous regions and municipalities
directly under the Central Government, the branches of Shenzhen, Dalian, Qingdao, Xiamen and Ningbo; Guangdong Branch Administration
of Customs, Tianjin and Shanghai Special Dispatched Offices, all customs and educational institutions directly subordinate to the
General Administration of Customs; and all designated foreign exchange banks:

In order to facilitate the foreign-related contacts of those who enter or exit the territory, regulate the acts of carrying foreign
currency cash to enter or exit the territory of the persons concerned, crack down the illegal and criminal acts of money laundering,
smuggling of currencies and evasion of foreign exchanges, etc., the State Administration of Foreign Exchange and the General Administration
of Customs have jointly formulated the Interim Measures for the Administration of Carrying Foreign Currency Cash for Persons Entering
or Exiting the Territory, which are hereby printed and distributed to you for your compliance and implementation, and a notice is
given as follows regarding the relevant issues:

I.

The “Permit for Carrying Foreign Exchanges to Exit the Territory” (hereinafter referred to as the “Permit for Carrying Foreign Exchanges”),
which was put into use on August 1, 1999, shall be continually used, and shall be uniformly printed and produced by the State Administration
of Foreign Exchange. Each designated foreign exchange bank shall obtain the said permit in the branch or sub-branch bureau of the
State Administration of Foreign Exchange at its locality (hereinafter referred to as the foreign exchange bureau).

II.

A person exiting the territory may carry foreign currency cash with him, and may also carry foreign currencies out of the territory
in accordance with the provisions of the State on financial administration by means of remitting the foreign currencies out through
the bank or carrying the drafts, travel checks, and the international credit cards, etc.

If a person exiting the territory carries foreign currency cash of not more than the amount equal to 5,000 USD, he does not need to
apply for the “Permit for Carrying Foreign Exchanges”, and he shall be released by the customs; if a person exiting the territory
carries foreign currency cash of more than the amount equal to 5,000 USD but not more than 10,000 USD, he shall apply to the designated
foreign exchange bank for the “Permit for Carrying Foreign Exchanges”, and the customs shall inspect and release him upon checking
the “Permit for Carrying Foreign Exchanges” affixed with the seal of the designated foreign exchange bank; a person exiting the territory
shall not, in principle, carry foreign currency cash of more than the amount equal to 10,000 USD. Under any of the following particular
circumstances, he may apply to the foreign exchange bureau for the “Permit for Carrying Foreign Exchanges”:

1.

He is in a group exiting the territory composed of a large number of persons.

2.

He is in a scientific inspection group exiting the territory for a long time or for a long trip.

3.

He is a government leader visiting a foreign country.

4.

He is leaving for a country in war, a country with strict foreign exchange control policies, or a country with bad financial conditions
or in financial turmoil.

5.

Other particular circumstances.

III.

In consideration of the incorporation of foreign currency pay orders and foreign currency negotiable securities into the banking management
system, the specific administrative measures shall be separately formulated, and the persons entering and exiting the territory who
carry the above said documents and securities shall no longer be subject to the administration of the customs.

IV.

The State Administration of Foreign Exchange and the customs at all levels shall arrange for the education and trainings on the Interim
Measures for the Administration of Carrying Foreign Currency Cash for Persons Entering or Exiting the Territory, and make an extensive
propaganda through various news media for the implementation thereof. After receiving the Circular, all branch bureaus of the State
Administration of Foreign Exchange shall transmit it as soon as possible to the sub-branch bureaus, designated foreign exchange banks
and relevant entities under their respective jurisdiction; the designated foreign exchange banks shall transmit it as soon as possible
to the branches and sub-branches under their respective jurisdiction; and all customs directly under the General Administration of
Customs shall transmit it as soon as possible to the customs under their respective jurisdiction. In case of any question in the
implementation, please timely inform it to the Department of Current Account Administration under the State Administration of Foreign
Exchange or the Supervision Department under the General Administration of Customs.

Attachment: Interim Measures for the Administration of Carrying Foreign Currency Cash for Persons Entering or Exiting the Territory

Attachment:Interim Measures for the Administration of Carrying Foreign Currency Cash for Persons Entering or Exiting the Territory

Article 1

The Measures are hereby formulated in accordance with the Customs Law of the People’s Republic of China and the Regulation of the
People’s Republic of China on the Administration of Foreign Exchanges to facilitate the foreign-related contacts of those who enter
or exit the territory, and regulate the acts of carrying foreign currency cash to enter or exit the territory of the persons concerned.

Article 2

Meanings of the following terms in the Measures are as follows:

“Foreign currency” means a convertible currency exchanged by a Chinese domestic bank by quotation (see Attachment 1);

“Cash” means a paper and coin foreign currency;

“Bank” means a Chinese-funded bank or foreign-funded bank or its branch, which is approved or recorded by the People’s Bank of China
to engage in the business of settlement and sale of foreign exchanges or the business of conversion or savings of foreign currencies;

“Person exiting or entering the territory” means a resident individual or non-resident individual who exits or enters the territory;

“Multiple returns on the same day” mean a person exits or enters the territory for more than one time within one day;

“Multiple returns within a short period” mean a person exits or enters the territory for more than one time within 15 days.

Article 3

If the foreign currency cash carried by a person entering the territory exceed the amount equal to 5,000 USD, he shall declare to
the customs in writing, except for multiple returns on the same day or multiple returns within a short period.

Article 4

If the foreign currency cash carried by a person exiting the territory does not exceed the amount of foreign currency cash declared
at his latest entry, the person need not apply for the “Permit for Carrying Foreign Exchanges to Exit the Territory” (hereinafter
referred to as the “Permit for Carrying Foreign Exchanges”, see Attachment 2), and the customs may inspect and release him on the
basis of the records on the amount declared at his latest entry.

Article 5

If a person exiting the territory carries foreign currency cash for which there is no record or whose amount exceeds the recorded
amount of the declared foreign currency cash at his latest entry, he shall be inspected and released in accordance with the following
provisions:

1.

If the amount carried by a person exiting the territory is not more than the amount equal to 5,000 USD, he need not apply for the
“Permit for Carrying Foreign Exchanges”, and the customs may release him, except for multiple returns on the same day or multiple
returns within a short period.

2.

If the amount carried by a person exiting the territory is more than the amount equal to 5,000 USD but not more than 10,000 USD, the
person shall apply to the bank for the “Permit for Carrying Foreign Exchanges”. When he exits the territory, the customs shall inspect
and release him if he presents the “Permit for Carrying Foreign Exchanges” affixed with a seal of the bank. If more than one such
permit are used, and the total amount in the Permits for Carrying Foreign Exchanges affixed with seals of the bank exceeds the amount
equal to 10,000 USD, the customs shall not release him.

3.

If the amount carried by a person exiting the territory is more than the amount equal to 10,000 USD, he shall apply to the branch
or sub-branch bureau of the State Administration of Foreign Exchange (hereinafter referred to as the foreign exchange bureau) at
the locality of his deposit bank or exchange-selling bank for the “Permit for Carrying Foreign Exchanges”, and the customs shall
inspect and release him upon the “Permit for Carrying Foreign Exchanges” affixed with the seal of the foreign exchange bureau.

Article 6

A person entering or exiting the territory with “multiple returns on the same day” or with “multiple returns within a short period”
who carries foreign currency shall be inspected and released in accordance with the following provisions:

1.

A person entering or exiting the territory with multiple returns on the same day must declare to the customs in writing the foreign
currency cash he carries into the territory. When he exits the territory, the customs shall inspect the foreign currency cash and
release him according to the records on the amount declared at his latest entry. If there is no record of the foreign currency cash
or the amount exceeds the recorded amount declared at his latest entry, he may carry the foreign currency cash of not more than the
amount equal to 5,000 USD when he exits the territory for the first time on the very day, and need not apply for the “Permit for
Carrying Foreign Exchanges”, and the customs may release him. However, if the amount of foreign currency cash carried out of the
territory is more than the amount equal to 5,000 USD, the customs shall not release him. When the person exits the territory for
the second time or more on the very day, he may carry foreign currency cash of not more than the amount equal to 500 USD, and need
not apply for the “Permit for Carrying Foreign Exchanges”, the customs may release him. However, if the amount of foreign currency
cash carried out of the territory is more than the amount equal to 500 USD, the customs shall not release him.

2.

A person entering or exiting the territory with multiple returns within a short period must declare to the customs in writing the
foreign currency cash he carries into the territory. When he exits the territory, the customs shall inspect and release him according
to the records on the amount declared at his latest entry. If the foreign currency cash for which there is no record or whose amount
exceeds the recorded amount declared at his latest entry, he may carry foreign currency cash of not more than the amount equal to
5,000 USD when he exits the territory for the first time within 15 days, and need not apply for the “Permit for Carrying Foreign
Exchanges”, the customs may release him. However, if the amount of foreign currency cash carried out of territory is more than the
amount equal to 5,000 USD, the customs shall not release him. When the person exits the territory for the second time or more within
15 days, he may carry foreign currency cash of not more than the amount equal to 1,000 USD, and need not apply for the “Permit for
Carrying Foreign Exchanges”, the customs may release him. However, if the amount of foreign currency cash carried out of the territory
is more than the amount equal to 1,000 USD, the customs shall not release him.

Article 7

A person exiting the territory may carry foreign currency cash with him, and may also carry foreign currencies out of the territory
in accordance with the provisions by means of remitting the foreign currencies out through the bank or carrying drafts, travel checks,
and international credit cards, etc., provided that he may not carry foreign currency cash of more than the amount equal to 10,000
USD out of the territory in principle. If due to a particular circumstance, he indeed needs to carry foreign currency cash of more
the amount equal to 10,000 USD out of the territory, he shall apply to the foreign exchange bureau at the locality of his deposit
bank or exchange-selling bank for the “Permit for Carrying Foreign Exchanges”.

Article 8

A person exiting the territory who applies to the bank for the “Permit for Carrying Foreign Exchanges” shall, if carrying the foreign
currency cash drawn from the foreign exchange deposit account of his own or of his lineal relative, bring the passport, the Permit
To and From Hong Kong and Macao, or the Permit To and From Taiwan, and the valid visa or permission stamp, as well as the proof of
deposits to apply to the deposit bank; if he carries foreign currency cash out of the territory after purchasing the foreign exchanges,
he shall bring the prescribed documents on purchasing foreign exchange to apply to the exchange-selling bank.

A bank shall, after verifying the documents provided by the person exiting the territory as inerrable, check and issue the “Permit
for Carrying Foreign Exchanges” to him, and preserve the photocopies of the above documents for 5 years for future references.

Article 9

A bank shall not check and issue the “Permit for Carrying Foreign Exchanges” to a person exiting the territory with the amount exceeding
that in the proof of deposits in itself or that of purchased foreign exchanges. The amount of each “Permit for Carrying Foreign Exchanges”
checked and issued by the bank shall not exceed the amount equal to 10,000 USD, but may be lower than 5,000 USD.

Article 10

If a person exiting the territory applies to the foreign exchange bureau for the “Permit for Carrying Foreign Exchanges”, he shall
bring the written application, the passport, the Permit To and From Hong Kong and Macao, or the Permit To and From Taiwan, and the
valid visa or permission stamp, the proof of bank deposits, as well as the documents proving that he indeed needs to carry foreign
currency cash of more than the amount equal to 10,000 USD out of the territory, to apply to the foreign exchange bureau at the locality
of his deposit bank or exchange-selling bank.

The foreign exchange bureau shall, after verifying the documents submitted by the person exiting the territory as inerrable, issue
the “Permit for Carrying Foreign Exchanges” to him if he is qualified for the conditions, and preserve the photocopies of the written
application and other documents for 5 years for future references.

Article 11

The “Permit for Carrying Foreign Exchanges” shall be affixed with the “Approval Seal of the State Administration of Foreign Exchange
for Carrying Foreign Exchanges out of the Territory” or the “Special Seal of the Bank for Carrying Foreign Exchanges out of the Territory”,
and be valid for once within 30 days as of its issuance.

Article 12

The “Permit for Carrying Foreign Exchanges” shall be in three sheets. If the original “Permit for Carrying Foreign Exchanges” was
issued by the bank, the first sheet shall be delivered by the carrier to the customs for inspection and preservation, the second
sheet shall be delivered by the issuing bank by month to the local foreign exchange bureau for preservation, and the third sheet
shall be preserved by the issuing bank. If the original “Permit for Carrying Foreign Exchanges” was issued by the foreign exchange
bureau, the first sheet be delivered by the carrier to the customs for inspection and preservation, while the second and the third
sheets shall be preserved by the issuing foreign exchange bureau.

Article 13

If a person exiting the territory loses the “Permit for Carrying Foreign Exchanges”, and the original “Permit for Carrying Foreign
Exchanges” was issued by the bank, he shall, before exiting the territory, bring the documents prescribed in Article 8 to the original
issuing bank to file a reapplication, and the original issuing bank shall, after verifying the documents provided by him and the
originally preserved documents as inerrable, issue to him the “Proof on Reapplication” (see Attachment 3). The person entering or
exiting the territory shall re-apply for the “Permit for Carrying Foreign Exchanges” in the foreign exchange bureau at the locality
of the bank with the “Proof on Reapplication” issued by the bank, or in the bank with the approval document of the foreign exchange
bureau, while the bank shall add the word of “Reissued” in the reissued “Permit for Carrying Foreign Exchanges”; if the original
“Permit for Carrying Foreign Exchanges” was issued by the foreign exchange bureau, the said person shall, before exiting the territory,
bring the reapplication and the documents prescribed in Article 10 to apply to the original issuing foreign exchange bureau, and
the foreign exchange bureau shall, after verifying the documents provided by him and the originally preserved documents as inerrable,
reissue the “Permit for Carrying Foreign Exchanges” to him, and add the word of “Reissued” in the reissued “Permit for Carrying Foreign
Exchanges”. No foreign exchange bureau or bank is permitted to reissue the “Permit for Carrying Foreign Exchanges” to a person who
has left the territory.

Article 14

A bank shall, within 5 days at the end of each month, submit the information of the last month on issuing the “Permit for Carrying
Foreign Exchanges” (see Attachment 4) to the foreign exchange bureau at its locality through the “Statistical Table on Carrying Foreign
Currency Cash to Exit the Territory”.

Article 15

Each foreign exchange bureau shall collect the information within its jurisdiction on the issuance by foreign exchange bureaus and
banks of the “Permit for Carrying Foreign Exchanges”, and submit such information to the State Administration of Foreign Exchange
by “Statistical Table on Carrying Foreign Currency Cash to Exit the Territory” within 10 days at the end of each month.

Article 16

A bank shall, strictly in accordance with the Measures, check and issue the “Permit for Carrying Foreign Exchanges” to the persons
entering or exiting the territory. Any bank violating the Measures shall be imposed upon the punishments of warning, circularized
criticism, fine and cancellation of the “Permit for Carrying Foreign Exchanges” by the foreign exchange bureau.

Article 17

If a person entering or exiting the territory carries foreign currency cash in violation of the Measures, he shall be punished by
the customs in accordance with the relevant provisions.

Article 18

If a person entering or exiting the territory carries such foreign currency pay orders as drafts, travel checks, international credit
cards, bank deposits, and postal savings deposits, etc. or such foreign currency negotiable securities as government bonds, corporate
bonds, stocks, etc., he shall be temporarily not under the administration of the customs.

Article 19

The power to interpret the Measures shall remain with the State Administration of Foreign Exchange and the General Administration
of Customs.

Article 20

The Measures shall enter into force as of September 1, 2003. The Provisions on the Administration of Carrying Foreign Exchanges to
Enter or Exit the Territory, which were jointly promulgated by the State Administration of Foreign Exchange and the General Administration
of Customs on December 31, 1996 and which entered into force on February 10, 1997; the Circular on the Relevant Issues Concerning
Starting to Use the New Type of Permit for Carrying Foreign Exchanges to Exit the Territory, which were jointly promulgated by the
State Administration of Foreign Exchange and the General Administration of Customs on June 17, 1999, and which entered into force
on August 1, 1999; the Circular on the Relevant Operational Issues Concerning Starting to Use the New Type of Permit for Carrying
Foreign Exchanges to Exit the Territory”, which were promulgated by the State Administration of Foreign Exchange on June 14, 1999,
and which entered into force on the same day; and the Circular on Strengthening the Administration of the Permit for Carrying Foreign
Exchanges to Exit the Territory, which were promulgated by the State Administration of Foreign Exchange on October 25, 1999, and
which entered into force on the same day, shall all be abrogated simultaneously.

Attachment:

1. Currencies Exchanged by Chinese Domestic Banks by Quotation (Omitted)

2. Permit for Carrying Foreign Exchanges to Exit the Territory” (Omitted)

3. Proof of Reapplication (Omitted)

4. Statistical Table on Carrying Foreign Currency Cash to Exit the Territory (Omitted)



 
The State Administration of Foreign Exchange, the General Administration of Customs
2003-08-28

 







THE DETAILED RULES FOR THE ALLOCATION OF THE QUOTA OF IMPORT CUSTOMS ON PALM OIL, BEAN OIL, COLZA OIL AND SUGAR IN 2004

The Ministry of Commerce

Proclamation by The Ministry of Commerce of People’s Republic of China

No.51

The detailed Rules for Allocation of the quota of import customs on palm oil, bean oil, colza oil and sugar in 2004 is formulated
in accordance with the Interim Measures on the administration of the import customs quota on the agricultural production proclaimed
by the Ministry of Commerce of People’s Republic of China, the National Development and Reform Commission, and now is promulgated
by the Ministry of Commerce of People’s Republic of China.

Ministry of Commerce

September 28,2003

The detailed Rules for the allocation of the quota of import customs on palm oil, bean oil, colza oil and sugar in 2004

According to the Interim Measures on the administration of the import customs quota on the agricultural production promulgated by
The Ministry of Commerce and the National Development and Reform Commission (Decree of The Ministry of Commerce and the National
Development and Reform Commission No.4 (2003)), The quota’s quantity, conditions for application and the allocation principle on
the palm oil, bean oil, colza oil and sugar in 2004 is now promulgated as followings:

I.

In 2004, the amount of the import customs quota on palm oil, bean oil, colza oil and sugar is as followings: palm oil, 2,700 kilo
tons, 18% of which is for the state-run trade; bean oil 3,118 kilo tons, 18% among which is for the the state-run trade; colza oil
1,126.6kilo tons, 18% among which is for the state-run trade; sugar 1,945 kilo tons, 70% among which is for the state-run trade

II.

An applicant, shall meet the requirements as followings, for the import customs quota on the palm oil, bean oil, colza oil and sugar:It
must have registered in the administrative departments for Industry and Commerce before October 1, 2003 (a duplicate of the enterprise
business license shall be needed);It must have good financial conditions and duty paid records (the relevant documents in 2003 and
2004 shall be needed);No violation records concerning the issues of customs, administration for industry and commerce, tax collections,
and quality inspections;It has the qualification of the annual enterprises inspection in 2002;It has not violated the Interim Measures
on the administration of the quota of import customs on the agricultural production proclaimed by the former State Development Planning
Commission.An applicant for the quota shall also meet any of the following requirements, besides those set forth above:

A.

Palm oil

1

It shall be a State-run trading enterprise;

2

It shall be a Central Enterprise implementing the national reservation function;

3

It shall be an enterprise, which has been approved of the import customs quota on the palm oil application of 2003;

4

It shall be an enterprise in operation of foodstuffs manufacturing which uses palm oil as the main direct raw material and the annual
amount it uses is over 3,000 tons;

5

It shall be a Process-Trade enterprise that uses palm oil as raw material.

B.

Bean oil

1

It shall be a State-run trading enterprise;

2

It shall be a Central Enterprise implementing the national reservation function;

3

It shall be an enterprise that has been approved of the import customs quota on the bean oil application of 2003;

4

It shall be an axunge-process enterprise, which can dispose the raw bean oil over 200 tons per-day and produces fine oil;

5

It shall be a Process-Trade enterprise that uses bean oil as raw material.

C.

Colza oil

1

It shall be a State trading enterprise;

2

It shall be a Central Enterprise implementing the national reservation function;

3

It shall be an enterprise, which has been approved of the import customs quota on the colza oil application of 2003;

4

It shall be an axunge-process enterprise, which can dispose the raw colza oil over 200 tons per-day and produces fine oils;

5

It shall be a Process-Trade enterprise that uses colza oil as raw material.

D.

Sugar

1

It shall be a State-run trading enterprise;

2

It shall be a Central Enterprise implementing the national reservation function;

3

It shall be an enterprise, which has been approved of the import customs quota on the sugar application of 2003;

4

It shall be a sugar refining enterprise that can dispose the raw sugar over 600 tons per-day;

5

It shall be a Process-Trade enterprise that uses sugar as raw material.

III.

The basic principle on the allocation of the import customs quota about agricultural productions mentioned above is on the basis of
the importation achievement before, the production capacity and other relevant business standards.

A.

If the quantity of the import customs quota planned may meet the total quantities applies by qualified applicants, the allocation
of the customs quota shall be allocated according to the quantity applied.

B.

If the quantity of the import customs quota may not meet the total amount applies by qualified applicants, the import customs quota
shall be allocated first to the applicant with importation achievements; and among those applicants without importation achievements,
the quota may be allocated pro rata mainly depending on the production capacity or the business amounts of the applicants. In case
that an application quantity is less than the quantity pro rata allocated to it, the quota shall be allocated in accordance with
the quantity it applied.

IV.

The period for applying for the import customs quota on palm oil, bean oil, colza oil and sugar is from October 15th to 30th, 2003.
An applicant may acquire an application form of agricultural production import customs quota (referring to the Annex) from the authorized
institutions by the Ministry of Commerce or download (copy) it from the website: www.mofcom.gov.cn.

V.

The authorized institutions by the Ministry of Commerce is responsible for receiving the applications by the local registered enterprises
and transfer the applications of qualified enterprises to the Ministry of Commerce and at the same time make a copy of the applications
to the National Development and Reform Commission for record.

VI.

The Ministry of Commerce shall issue certificate of the import custom quota allocation on the agricultural productions to the end-users
through the authorized institutions.

Annex:

1.

Table of tax items and tax rate on plant oil and sugar

2.

Application form of the import customs quota on the agricultural productions



 
The Ministry of Commerce
2003-09-28

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING POLICIES OF TAX REFUND ON EXPORT OF PESTICIDES

State Administration of Taxation

Circular of the State Administration of Taxation concerning Policies of Tax Refund on Export of Pesticides

GuoShuiHan [2003] No. 1158

October 22nd, 2003

The administrations of state taxation of all provinces, autonomous regions, municipalities directly under the Central Government,
and the cities directly under State planning:

Upon the approval of the State Council, from January 1st, 2004, the execution of the policy for exemption of value added tax on homemade
pesticides in the production process shall be stopped. With a view to encouraging the export of pesticides, we hereby give our notice
concerning the relevant policies of tax refund on export of pesticides as follows:

The tax refund on export of the 48 kinds of pesticides as prescribed in paragraph 3, Article 1 of the “Circular of the Ministry of
Finance and the State Administration of Taxation concerning the Policy of Exemption of Value Added Tax on Some Agricultural Means
of Production” (CaiShui [2001] No. 113) may be handled according to the existing relevant provisions on tax refund from January 1st,
2004, and the export rebate rate applied thereto shall be 11%.

The customs commodity codes of the aforesaid export pesticides shall be 3808101910, 38081090, 38082090101, 3808209029, 38083011, and
38083019. The specific date for execution shall be the date indicated by the customs in the “Customs Declaration for Export Goods
(the Page for Export Rebate)”.



 
State Administration of Taxation
2003-10-22

 







CIRCULAR OF THE GENERAL OFFICE OF THE MINISTRY OF COMMERCE ON SETTING UP AN INFORMATION DATABASE OF FOREIGN INVESTMENT INTENTION OF ENTERPRISES




General Office of the Ministry of Commerce

Circular of the General Office of the Ministry of Commerce on Setting up An Information Database of Foreign Investment Intention of
Enterprises

Shang He Zi [2003] No. 39

November 28, 2003

The foreign trade offices (commissions or bureaus) and business affairs offices or bureaus of all provinces, autonomous regions, municipalities
directly under the jurisdiction of the Central Governments, and cities directly under the state planning, as well as Xinjiang Production
and Construction Corps, and all the enterprises directly under the jurisdiction of the Central Government:

In order to facilitate the implementation of the “Going out” strategy, strengthen services on foreign investment information, and
find out the trends of foreign investment of Chinese enterprises in time, as well as better direct and coordinate relevant work,
this Ministry has hereby decided, upon approval, to establish an information database of foreign investment intention of enterprises
(hereinafter referred to as the “Information Database”) on the sub-website of the Department of Foreign Economic Cooperation subject
to the government website of the Ministry of Commerce, and hereby make the following notice on relevant matters concerned:

I.

The major role of the Information Database to be established shall include: publicizing information on the foreign investment intention
of the Chinese enterprises, and providing an information platform for various domestic and foreign institutions and enterprises to
know each other and communicate with each other, with a view of promoting investment information exchange between the Chinese enterprises
and foreign enterprises, and facilitating the development of foreign trade and economic cooperation business of our country. Enterprises
applying for participating in the Information Database may download the “Registration Form of Overseas Investment Intention of Enterprises”(see
Attachment) from the sub-website of the Department of Foreign Economic Cooperation subject to the government website of the Ministry
of Commerce (https://www.mofcom.gov.cn), and send it to the departments in charge of foreign trade and economy of the corresponding
province or municipality after having it filled out in accordance with facts, annexed seal of the enterprise, and attached necessary
materials.

II.

Requirements for an enterprise filing an application

1.

Economic entities registered within the territory of China (excluding Hong Kong, Macao, and Taiwan Province) according to law, which
have the qualifications of a legal entity;

2.

The registered capital of the enterprise is not less than 10 million Yuan (RMB) and the enterprise has made profits in three consecutive
years; and

3.

The amount of foreign intention investment of a single project is more than one million US dollars.

III.

The documents required for the application

1.

Photocopy of the business license of an enterprise;

2.

The financial statement of an enterprise in three consecutive years; and

3.

Registration Form of Foreign Investment Intention of Enterprises.

IV.

Information Examination and Verification and Release All the local departments in charge of foreign trade and economy shall pay great
attention to the work from the high prospective of facilitating the implementation of the “Going out” strategy, actively diffuse
and disseminate to the enterprises the functions and effect of the Information Database on their own initiatives, and earnestly organize
the work for application and report, examination and approval, statistics and report of the information on local foreign investment
intention. For those information reported by the enterprises, which comply with the requirements after examination and verification
in accordance with prescribed requirements, the departments shall have them collected and classified according to industries, and
sent them to the division of research & development on foreign processing under the Department of Foreign Economic Cooperation of
the Ministry of Commerce by both email and post, the email addresses are:

hzjg@mofcom.gov.cn, chenwenlin@mofcom.gov.cn

The Ministry of Commerce shall be in charge of publicizing the above-mentioned information in the “Information Database of Foreign
Investment Intention of Enterprises”. In principle, the time for reporting and sending the information shall be the last ten-day
of May up to the last ten-day of November every year, and the time for publicizing the information shall be the last ten-day of June
up to the last ten-day of December every year. Whenever necessary, the information may be supplemented or modified irregularly.

The follow-up and statistical work for the investment intention information publicized by each region shall be properly done, and
the information shall be verified and updated in time in accordance with the progress of foreign investment of enterprises, so as
to secure the accuracy and effectiveness of the information.

All the enterprises directly under the jurisdiction of the Central Government shall report and send their information directly to
the Ministry of Commerce by the ways mentioned above.

V.

The Department of Foreign Economic Cooperation of the Ministry of Commerce shall be in charge of the construction of and supervision
over the above-mentioned Information Database. It may, in addition to releasing the above-mentioned information through the government
public websites, upon the need of the work, provide such services as the relevant information of different countries on attracting
foreign investment, opportunities for enterprise investment negotiation, and training of policies of different countries on foreign
investment, as well as providing special knowledge training, etc., and promote the implementation of investment cooperation projects
through organizing enterprises to make overseas investigation.

The Ministry of Commerce welcomes all kinds of domestic and foreign organizations, institutions, enterprises and individuals to provide
opportunities and assistance to the Chinese and foreign enterprises, and provide investment cooperation information and consultation
services.

Attachment: Registration Form of Foreign Investment Intention of Enterprises.

htm/e03289.htmAttachment

￿￿

Attachment:

 Registration Form of Overseas Investment Intention of Enterprises

￿￿

Name of Enterprises￿￿

Date of Filling in the Form￿￿￿￿￿￿Date￿￿￿￿Month￿￿￿￿Year

Contact Person for the Project￿￿

Telephone￿￿                                                             Fax￿￿

Email￿￿                                                                                                                     
    Address
￿￿

Investment Industry￿￿

Continent of Investment￿￿

Country of Investment￿￿

Total Investment￿￿

Investment of the Chinese Party￿￿

Ways of Investment￿￿

Name of Products￿￿                                                                     
Production Scale
￿￿

Brief Introduction to the Project (including requirements to the cooperation partners)￿￿

￿￿

Brief Introduction to the Strengthen of the Chinese Enterprise￿￿

￿￿

Seal and Endorsement of the foreign trade and economic offices, commissions, bureaus, and business affairs offices
after examination and approval
￿￿

￿￿

￿￿

￿￿

￿￿

Date￿￿￿￿Month￿￿￿￿Year

Remarks:

               1. The ￿￿Investment Industry￿￿ shall be filled
in with: import and export trade, transportation, tourism, engineering contracting, research & development, consultation, machinery
manufacture, electronic and home appliances, light industry, textile, garment processing, agriculture development, development
of petrol and natural gas resources, development of mineral resources, smelting, fishery, real estate development, investment
and shareholding, and others.

               2. The present Form may be downloaded from
the internet and copied, the part of the brief introductions to projects and enterprises may be added Attachment pages.

               3. The ways of investment may be divided into:
newly established, merger and share holding; the unit of the amount of investment shall be: Ten Thousand Dollars.




RULES FOR GOVERNANCE OF SECURITIES COMPANIES (FOR TRIAL IMPLEMENTATION)






China securities regulatory commission

Circular on issuing the rules for governance of securities companies (For Trial Implementation)

CSRC ZI[2003]No.259

Securities companies:

The rules for governance of securities companies (For Trial Implementation) has been formulated by us for the purpose of promoting
the normative operation of securities companies, improving the corporate governance, establishing the modern corporate system. These
rules are now promulgated and please comply with and carry them through accordingly.

China securities regulatory commission

December 15,2003

Rules for governance of securities companies (For Trial Implementation)

Chapter I General provisions

Article 1

These rules are formulated, in accordance with the Company law, the Securities law and other relevant laws and administrative regulations,
to promote the normative operation of securities companies according to the modern corporate system, ensure the lawful rights and
interests of securities companies’ shareholders, clients and other parties interested, safeguard the independence and integrity of
securities companies’ assets.

Article 2

Securities companies and their controlling shareholders assume the good faith duty and shall not infringe on clients’ properties and
other lawful rights and interests.

Article 3

Securities companies shall clarify the scope of official duties among shareholders’ meeting, the board of directors, the board of
supervisors and management personnel, in accordance with the Company Law and other provisions of laws and administrative regulations.

Article 4

Securities companies and their shareholders, superior management personnel shall abide by supervisory provisions on shareholders,
superior management personnel etc, which are formulated by the China Securities Regulatory Commission (hereinafter referred to as
the “CSRC”).

Article 5

Securities companies shall establish perfect risk management and internal control systems, in accordance with laws, administrative
regulations and those provisions of the CSRC.

Article 6

These rules are applied to securities companies established within the territory of the People’s Republic of China.Where laws, administrative
regulations or the CSRC provide otherwise for listed securities companies, such provisions shall prevail.

Chapter II shareholders and shareholders’ meeting

Section 1 Shareholders

Article 7

A securities company’s shareholders and its actual controllers shall meet the qualification conditions stipulated by laws, administrative
regulations and the CSRC.When a shareholder of a securities company assigns the stock right of the securities company to others,
the transferee and its actual controller shall be confirmed to meet the qualification conditions stipulated by laws, administrative
regulations and the CSRC.When A securities company’s shareholders and its actual controllers do not meet the qualification conditions,
the board of directors of the securities company shall report to the dispatched institutions of CSRC in the place of incorporation
and the place where the principal business office is situated within 10 working days.

Article 8

Securities companies shall register shareholders, amend articles of association and undertake the formalities of business registration
based on the file authorized by the CSRC or the archival filled in the CSRC.Securities companies shall ensure that the articles of
association, register list of shareholders and contents recorded in files of industrial and commercial registrations are consistent
with shareholders’ actual conditions.

Article 9

Securities companies’ shareholders shall perform capital contribution obligation strictly in accordance with laws, administrative
regulations and provisions of the CSRC. Securities companies shall not directly or indirectly provide financing or guarantee for
shareholders’ capital contribution.When a shareholder makes a false capital contribution, makes an insufficient capital contribution
or excavating his capital contribution, or excavating his capital contribution in disguised form, the board of directors of the securities
company shall report to the dispatched office of CSRC in the place of incorporation and the place where the principal business office
is situated within 10 working days and require the relevant shareholder to rectify within one month.

Article 10

Securities companies’ shareholders shall notify Securities companies in time if one of the following conditions occurs to them:

(1)

shareholdings of Securities companies owned by them are under preservative measures in litigation or under enforcement;

(2)

shareholdings of Securities companies owned by them are pledged;

(3)

shareholdings of Securities companies owned by them are decided to transfer;

(4)

entrust others to exercise stock rights of Securities companies or reach agreements with others on exercising stock rights of Securities
companies;

(5)

alteration of name;

(6)

merger or division;

(7)

dissolution, bankruptcy, closedown or takeover;

(8)

other affairs may result in alteration of shareholdings of Securities companies owned by them.The board of directors of the securities
company shall report to the dispatched office of CSRC in the place of incorporation and the place where the principal business office
is situated within 10 working days as of knowing the above conditions.

Article 11

Securities companies shall establish effective communication channels with shareholders to ensure that shareholders possess right
to know stipulated by laws, administrative regulations, the CSRC and articles of association.If one of the following conditions occurs
to a securities company, the board of directors of the securities company shall give written notice to all shareholders in time and
report to the dispatched office of CSRC in the place of incorporation and the place where the principal business office is situated:

(1)

the company or its superior management personnel is suspected involving a major violation of law and regulation;

(2)

the company’s finance experiences continuous deterioration , which do not meet the criterion stipulated by the SCRC;

(3)

the company undertakes major economic losses;

(4)

a plan is made to change the chairman of board, the chairman of supervisors or the general manager;

(5)

an emergency occurs, which has an side effct on the company and interests of clients;

(6)

other matters which may influence consecutive operation of the company.

Section 2 shareholders’ meeting

Article 12

The scope of powers of shareholders’ meeting shall be specified in securities companies’ articles of association. Where a shareholders’
meeting of a securities company authorize the board of directors of the company to exercise part of the functions and powers of the
shareholders meeting, relevant provisions shall be stipulated in articles of association or approval shall be obtained upon resolution
made by the shareholders’ meeting. The authorized contents shall be specific and clear.

Article 13

The annual shareholders’ meeting of securities companies shall be convened within 6 months as of the end of each fiscal year. If the
shareholders’ meeting need put off due to special circumstances, the securities company shall report to the dispatched office of
CSRC in the place of incorporation and the place where the principal business office is situated and account for it.

Article 14

The procedures for convening of a shareholders meeting and voting shall be stipulated in securities companies’ articles of association.The
board of directors shall formulate the complete deliberation rules of the shareholders meeting in accordance with articles of association
of the company, which shall be enforced after examination and approval by the shareholders’ meeting.

Article 15

The board of directors, the supervisory board and shareholders solely or jointly holding five percent or more of the securities company’s
shares have the right to put forward initiatives to the shareholders’ meeting.Shareholders solely or jointly holding five percent
or more of the securities company’s shares have the right to nominate candidates for directors including independent directors and
supervisors.

Article 16

If the ratio of the directors whom are nominated by a shareholder of a securities company among the board of directors exceeds one
second, the ratio of the supervisors whom are nominated by the same shareholder among the supervisory board shall be not more than
one second.

Article 17

Securities companies are encouraged to adopt the cumulative voting system in electing directors including independent directors and
supervisors.Where securities companies’ shareholders solely hold or jointly hold with associates more than fifty percent of the company’s
shares, the cumulative voting system shall be adopted regarding the election of directors including independent directors and supervisorsSecurities
companies adopting the cumulative voting system shall formulate implementation rules for this system in articles of association of
the company.

Article 18

The articles of association of securities companies shall specify that if the shareholders’ meeting cannot be convened due to the
board of directors and chairman of the board’s failure to perform their duties, shareholders holding specific proportion of shares
and the supervisory board may convene interim shareholders’ meetings according to procedures stipulated in their articles of association,
and report relevant situations to the dispatched office of CSRC in the place of incorporation and the place where the principal business
office is situated.

Article 19

The shareholders’ meeting of securities companies shall put down the minutes of shareholders’ meeting. The minutes of shareholders’
meetings shall be true and complete and shall be kept at least 15 years as of the date of its completion.The resolution of the shareholders’
meeting and relevant documents shall be submitted by Securities companies to the dispatched office of CSRC in the place of incorporation
and the place where the principal business office is situated for the record.

Article 20

When a director of the board or a supervisor is dismissed prior to the expiration of his term of office, the shareholders’ meeting
of the securities company shall account for it. The director of the board or the supervisor dismissed has the right to set forth
his opinions to the shareholders’ meeting, the CSRC or the dispatched office of CSRC.

Section 3 Particulars on the relationship between securities companies and shareholders

Article 21

Holding shareholders of a securities company shall not make use of their controlling status to damage lawful rights and interests
of the company, other shareholders and clients of the company.

Article 22

Holding shareholders of a securities company shall not overstep the shareholders’ meeting and the board of directors to appoint and
dismiss directors, supervisors and superior management personnel.Holding shareholders of a securities company shall not overstep
the shareholders’ meeting and the board of directors to interfere in operation and management of the company.

Article 23

A securities company shall be strictly separated from its holding shareholders in operation, personnel, organization, assets, finance,
offices etc and independently operate, account, assume liabilities and risks.

Article 24

Holding shareholders of a securities company and their associates shall undertake effective measures to prevent themselves from contending
with their holding securities company in business.Securities companies controlling other securities companies shall not damage interests
of the controlled companies.

Article 25

The associated transaction between securities companies’ shareholders and associates shall not damage lawful rights and interests
of securities companies and their clients.The major associated transaction and procedures of its disclosure and voting shall be stipulated
in articles of association of the securities company.The securities company shall report relevant situations to the dispatched office
of CSRC in the place of incorporation and the place where the principal business office is situated within 10 working days as of
occurrence of the major associated transaction.

Article 26

The securities company and its shareholders (or associates of shareholders, as referred to hereinafter) shall not do as follows:

(1)

making promises concerning profits and dividends given to shareholders not less than some scale;

(2)

holding stock rights of shareholders except where laws, administrative regulations or the CSRC provide otherwise;

(3)

directly or indirectly provide financing or guarantee for shareholders;

(4)

shareholders’ occupying and using assets of the company or assets of clients kept in the company;

(5)

The securities company’s giving unjust benefits to shareholders through buying large quantities of securities held by shareholders;

(6)

other conduct forbidden by laws, administrative regulations or the CSRC.

Chapter III Directors and the board of directors

Section 1 Director

Article 27

Directors of securities companies shall meet the qualification conditions stipulated by the Company Law, the Securities Law and the
CSRC, and shall have the qualities for performing duties.

Article 28

The qualification for holding office, the procedures for appointment and dismiss, rights and obligations, term of office etc of directors
shall be specified in articles of association of the securities company.

Article 29

The securities company shall take measures to exactly guarantee directors’ rights to know, and provide necessary conditions for directors
to perform duties. External directors including independent directors shall ensure enough time and energy to perform duties.

Section 2 the board of directors

Article 30

The number of directors shall be specified in articles of association of the securities company.The ration of internal directors among
directors shall not exceed one second.Securities companies are encouraged to inviting external professionals to act as directors.

Article 31

The articles of association of the securities company shall specify the chairman’s performance of duties in time of the chairman failing
to perform duties or the vacancy of chairman.

Article 32

The duties of the board of directors shall be specified in articles of association of the securities company. Where the board of directors
authorizes its chairman to perform part of its functions and powers when the meeting of the board is not in session, the matters
authorized shall be specific and clear.The matters concerning vital interests of the company shall not be authorized to the chairman
of the board to decide. The matters concerning vital interests of the company shall be specified in articles of association.

Article 33

Normative rules for convening procedures of the board of directors, deliberation and voting shall be stipulated by the board of directors,
which shall be passed by voting of shareholders’ meeting, and shall be submitted to the dispatched office of CSRC in the place of
incorporation and the place where the principal business office is situated for the record.

Article 34

Meetings of the board of directors shall be held at least twice a year. The minutes of the meetings shall be true and complete and
shall be kept at least 15 years as of its completion. Such minutes of the meeting shall be signed by the directors and recorders
present.

Article 35

The board of directors and its chairman shall exercise its functions and powers in the scope stipulated by laws, administrative regulations,
the CSRC and the articles of association, and shall not exceed their powers to interfere in operation and management by management
personnel.When the board of directors examines relevant associated transactions, the director assigned by the affiliate shall withdraw
when voting.

Article 36

Where a resolution of the board of directors violates laws, administrative regulations, provisions stipulated by the CSRC or the articles
of association of the company, shareholders or supervisors have the right to demand that such resolution should be stopped immediately.

Article 37

Specialized committees shall be established by the board of directors on risk management, audit and other such matters.The independent
director shall act as the convener in the auditing committee.Specialized committees may invite external professionals to provide
services and reasonable fees arising from it shall be assumed by the company.Specialized committees shall submit working reports
to the board of directors.

Article 38

The securities company shall appoint the secretary of the board of directors or establish specialized institution, which is in charge
of preparation for shareholders’ meeting, meeting of the board and meeting of the specialized committee; preservation of minutes
and documents of meetings; information disclosure and other daily matters, as well as matters such as submitting documents of shareholders’
meeting, meeting of the board and supervisory board to the dispatched office of the CSRC for the record.

Section 3 Independent director

Article 39

Securities companies shall set independent directors in accordance with provisions stipulated by the CSRC.The independent director
shall grasp basic knowledge on securities market and relevant laws and administrative regulations, and shall be faithful and shall
have working experiences more than 5 years.None of the following persons may hold the position of independent directors:

(1)

a person working in the securities company or its affiliate company and his lineal kinfolks as well as persons having major social
relationship with him;

(2)

a person working in a shareholder company holding or controlling more than 5 percent shares of the securities company or in a top
5 shareholder company of the securities company and his lineal kinfolks as well as persons having major social relationship with
him;

(3)

a natural individual shareholder holding or controlling more than 5 percent shares of the securities company and his lineal kinfolks
as well as persons having major social relationship with him;

(4)

a person providing financial, legal, consulting services etc for the securities company and its associates, and his lineal kinfolks
as well as persons having major social relationship with him;

(5)

a person having experienced one of above four situations in the most recent one year;

(6)

a person acting as a director in other securities company;

(7)

other persons stipulated in articles of association of the company;

(8)

other persons determined by the CSRC.If one of the above situations occurs to an independent director, the securities company shall
dismiss him in time and report to the dispatched office of CSRC in the place of incorporation and the place where the principal business
office is situated.

Article 40

The term of office of independent directors is the same as the term of other directors, but if reelected the number of term shall
not exceed twice. The securities company shall submit relevant materials of the independent director to the CSRC and the dispatched
office of CSRC in the place of incorporation and the place where the principal business office is situated for the record.

Article 41

If an independent director quits or is dismissed prior to the expiration of his term of office, the independent director himself and
the securities company shall provide respectively written explanation to shareholders’ meeting and the dispatched office of CSRC
in the place of incorporation and the place where the principal business office is situated.

Article 42

The independent director shall exercise the following functions and powers besides the functions and powers authorized by the Company
Law and other laws and administrative regulations:

(1)

to propose convening interim shareholders’ meeting to the board of directors or to propose to the supervisory board if the proposal
is refused by the board of directors;

(2)

to propose convening the meeting of the board of directors;

(3)

to invite the auditing institution or consulting institution based on the necessary for performing duties;

(4)

to air his independent opinion on such matters as remuneration plans of directors and management personnel of the company, incentive
plans etc;

(5)

to air his independent opinion on the major associated transaction and if necessary report to the dispatched office of CSRC in the
place of incorporation and the place where the principal business office is situated.Where the specialized committee is established
by the board of directors of the securities company concerning associated transactions and remuneration of superior management personnel,
the independent director shall be the convener.The independent director shall submit working report to the annual shareholders’ meeting.The
independent director shall assume corresponding liabilities if failing to perform his responsibilities.

Chapter IV supervisors and supervisory board

Article 43

Supervisors of securities companies shall meet the qualification conditions stipulated by laws, administrative regulations and the
CSRC, and shall have the qualities for performing duties.Directors and management personnel of the securities company and their lineal
kinfolks as well as persons having major social relationship with them shall not hold the position of supervisors of the company.Securities
companies are encouraged to invite external professionals to act as supervisors.

Article 44

The securities company shall take measures to exactly guarantee supervisors’ rights to know, and provide necessary conditions for
supervisors to perform duties.

Article 45

The supervisory board shall be established in the securities company. The supervisory board shall supervise the finance of the company,
acts of directors and management personnel conforming to laws and regulations during the performance of their functions and shall
be responsible to the shareholders’ meeting.Normative deliberation rules shall be formulated by the supervisory board, which shall
be passed by examination of shareholders’ meeting, and shall be submitted to the dispatched office of CSRC in the place of incorporation
and the place where the principal business office is situated for the record.

Article 46

The chief supervisor shall be appointed in the supervisory board of the securities company. The chief supervisor shall be the convener
of meetings of the supervisory board. The vice-chairman supervisor shall be appointed if the number of supervisors is more than 7.
The vice-chairman supervisor assists the chief supervisor to work. The chief supervisor or the vice-chairman supervisor shall work
as fulltime personnel.Specialized committees may be established under the supervisory board in charge of preparation for meetings
of the supervisory board, preservation of minutes and documents of meetings and provide services for supervisors to perform duties.

Article 47

Meetings of the supervisory board shall be held at least twice a year. The minutes of the meetings shall be true and complete and
shall be kept at least 15 years as of its completion. Such minutes of the meeting shall be signed by the supervisors and recorders
present.

Article 48

A supervisory board of the securities company shall exercise the following functions and powers:

(1)

to examine the financial affairs of the company;

(2)

to supervise the performance of duties of the board of director and management personnel;

(3)

to inquire acts of directors and management personnel;

(4)

to demand directors or the management personnel to make corrections if any of their acts is found to have damaged the interests of
the company and clients;

(5)

to propose convening interim shareholders’ meetings;

(6)

to organize auditing when superior management personnel quit;

(7)

other functions and powers stipulated in laws, administrative regulations and articles of association of the company.

Article 49

The supervisor has the right to know business situations of the company and shall assume corresponding duties of keeping secret.The
company shall submit its internal auditing report, normative examination report, monthly or quarterly financial and accounting statements,
annual financial and accounting statements and other vital matters to the supervisory board in time.The supervisory board shall make
particular explanation for financial situations of the company and situations conforming to regulations to annual shareholders’ meeting.

Article 50

The supervisory board may request directors, management personnel and relevant persons to attend the meeting of the supervisory board
and to answer issues cared about by the supervisory board.If necessary, the supervisory board may particularly examine financial
situations of the company and situations conforming to regulations, and may invite external professionals to assist as reasonable
fees arising from it shall be assumed by the company.While inspecting acts of the directors and management personnel during the performance
of their duties, the supervisory board may inquire matters of directors, management personnel and other persons involved. The directors,
managers and other persons involved shall be in a cooperative manner.

Article 51

The supervisory board shall demand directors or management personnel to make corrections within the time limit if any of their acts
is found to have violated laws, administrative regulations or articles of association of the company, and damaged the interests of
the company, shareholders and clients. If damages are serious or directors or management personnel are unable to correct within the
time limit, The supervisory board shall propose to convene shareholders’ meeting and put forward particular motions to the shareholders’
meeting.If any of acts of the board of directors and management personnel of the securities company is found to have seriously violated
laws, administrative regulations, the supervisory board shall directly report to the CSRC and its dispatched office.If the supervisor
is fully aware or ought to be aware that the acts of the board of directors and managers have violated laws, administrative regulations
or articles of association of the company and damaged interests of the company, he shall assume corresponding liabilities owing to
his failure to perform duties.

Chapter V management personnel

Article 52

The management personnel mentioned in these rules refers to other superior management personnel except the chairman of the board,
the vice-chairman of the board, the chief supervisor and the vice-chairman supervisor.The management personnel shall meet the qualifications
for holding the office of superior management personnel of the securities company. The securities company shall not authorize persons
without the qualifications for holding the office to exercise functions and powers of management personnel.

Article 53

The composition and scopes of duties of the management personnel shall be specified in articles of association of the securities company.

Article 54

The securities company shall adopt open and transparent ways to employ professional as management personnel.

Article 55

The management personnel shall work in fulltime, except where laws, administrative regulations or the CSRC provide otherwise.

Article 56

The management personnel shall not operate the same category of business as the company they are serving and shall not directly or
indirectly invest in the corporation contending with the company they are serving.Unless stipulated in articles of association of
the company or approved by the shareholders’ meeting, the management personnel shall not make associated transactions with the company
they are serving.

Article 57

The general manager shall be appointed in the securities company. The general manager shall exercise his functions and rights in accordance
with the Company Law and the articles of association and shall be responsible to the board of directors.Where the functions and powers
of a securities company are exercised by the way of management committee or executive committee etc, its members shall meet the qualifications
for holding the office of superior management personnel of securities companies.

Article 58

Detailed rules for the general manager’s working shall be formulated by the securities company and shall be implemented after report
to the board of directors for approval.Detailed rules for the general manager’s working shall include the following contents:

(1)

the conditions, procedures and participant s of which the general manager’s meeting is held;

(2)

duties and dividing the work for the general manager, vice president and other management personnel;

(3)

authority of using assets of the company and sign a contract;

(4)

the report system to the board of directors and the supervisory board;

(5)

other matters that the board of directors considers essential.

Article 59

The general manager shall report to the board of directors or the supervisory board the signing of vital contracts, performance, use
of capitals and circumstances of profits and losses on the request of the board of directors or the supervisory board. The general
manager shall guarantee the truth of such report.The general manager without holding the office of the director may attend meetings
of the board of directors as non-voting participants.

Article 60

The management personnel shall establish organizations with specific liabilities and clear procedures, organize to implement identification
and evaluation of all sorts of risks, establish sound effective internal controlling system and mechanism, handle or correct faults
or problems existing in internal controlling in time.The management personnel shall be responsible for not doing their best in internal
controlling and not handling or correcting faults or problems existing in internal controlling in time.

Article 61

The securities company shall in accordance with relevant provisions stipulated by the CSRC, appoint specialized person of management
to be in charge of the supervision and inspection department, who shall not hold plural offices. The management personnel shall support
the work of the supervision and i

MEASURES FOR CHARGING ENTRY-EXIT INSPECTION AND QUARANTINE FEES

State Development and Reform Commission, Ministry of Finance

Circular of the State Development and Reform Commission and the Ministry of Finance on Printing and Distributing the Measures for
Charging Entry-Exit Inspection and Quarantine Fees

FaGaiJiaGe [2003] No. 2357

The planning commissions (development and reform commissions), price bureaus, finance departments (bureaus) of all provinces, autonomous
regions, and municipalities directly under the Central Government, and the State Administration of Quality Supervision, Inspection
and Quarantine:

With a view to strengthening the administration on charging entry-exit inspection and quarantine fees, guaranteeing the lawful rights
and interests of the entry-exit inspection and quarantine institutions and the fee payers, we have, according to the actual circumstance
of the present work of import and export commodity inspection, of frontier health quarantine, and of entry-exit animal and plant
quarantine, formulated the uniform measures for charging inspection and quarantine fees, which are printed and hereby distributed
to you. Please comply with and carry them out.

State Development and Reform Commission

Ministry of Finance

December 31st, 2003

Measures for Charging Entry-Exit Inspection and Quarantine Fees

Article 1

The present Measures are formulated in accordance with the Law of the People’s Republic of China on Import and Export Commodity Inspection
and the Regulation for the Implementation Thereof, the Law of the People’s Republic of China on Entry-Exit Animal and Plant Quarantine
and the Regulation for the Implementation Thereof, the Law of the People’s Republic of China on Frontier Health and Quarantine and
the Detailed Rules for the Implementation Thereof, the Food Hygiene Law of the People’s Republic of China, and other relevant laws
and regulations, with a view to strengthening the administration on charging entry-exit inspection and quarantine fees, guaranteeing
the lawful rights and interests of the entry-exit inspection and quarantine institutions (hereinafter referred to as the inspection
and quarantine institutions) and the fee payers.

Article 2

The present Measures shall be applied to the inspection and quarantine institutions at all levels and their subordinate public institutions,
as well as the consignors related to entry and exit, their agents and other related entities and individuals (hereinafter referred
to as entry/exit-related persons).

Article 3

The inspection and quarantine institutions shall lawfully carry out inspections, quarantine, survey and other similar inspection and
quarantine business on persons, goods, means of transportation and containers of entry or exit, and other statutory objects to be
inspected and quarantined (hereinafter uniformly referred to as statutory objects to be inspected and quarantined), and charge fees
according to the present Measures and the charging rates for entry-exit inspection and quarantine as prescribed in the present Measures
(hereinafter referred to as the present Measures and the charging rates thereof).

Article 4

The entry-exit inspection and quarantine fees shall be calculated by Yuan in Renminbi, with the amount below 1 Yuan being rounded
off.

Where any fee calculated according to the present Measures and the charging rates thereof is less than the minimum amount, it shall
be charged in accordance with the minimum amount.

Article 5

Where a charging rate is based on the value of goods, the fees shall be charged on the basis of the total value of goods specified
in the letter of credit, invoices and contract on the trade of goods of entry or exit, or on the basis of the price valuated by the
customs.

Article 6

An inspection and quarantine institution shall regard “a batch” as a unit for calculation of the goods of entry or exit. “A batch”
means the goods of the same commodity name, coming from or having been carried to the same place, or the same consignee or consignor
at the same time with the same means of transportation. The goods carried by more than one carriage of a train, if the aforementioned
conditions are met, shall be considered as a batch. The goods of more than one variety and commodity name, which are consolidated
into a single container, if the aforementioned conditions are met, shall also be considered as a batch.

Article 7

Where the same batch of goods involve more than one item of inspection and quarantine business, the fees shall be separately calculated
and accumulatively charged in light of the actual work of the inspection and quarantine business, with the inspection and quarantine
as an item, the quantity and weight as an item, the survey of packing as an item, the laboratory inspection as an item, the property
survey as an item, the safety monitoring as an item, and the quarantine treatment as an item.

The goods inspection and quarantine fees shall be divided into the fees for quality inspection, for clinic animal quarantine, for
on-the-spot plant quarantine, for animal and plant product quarantine, for food and food processing equipment sanitary inspection
and for quarantine, be separately calculated and accumulatively charged.

Article 8

Where an inspection and quarantine institution draws samples from the goods of entry or exit under statutory inspection and quarantine
according to the relevant operational rules on inspection and quarantine or clauses on inspection and quarantine to represent the
whole batch for inspection, the fees shall be charged as a whole batch.

Article 9

The goods quality inspection fees shall be calculated by different means of quality inspection. If the goods are inspected by the
inspection and quarantine institution, the quality inspection fee shall be charged at the full amount. If, however, the goods are
inspected by the inspection and quarantine institution jointly with other relevant entities (including arrangement for the inspection),
the quality inspection fee shall be charged at 50% of the chargeable amount.

The survey fee for the weight of goods shall be calculated by different means of survey. If the weight is inspected by the inspection
and quarantine institution, the weight survey fee shall be charged at the full amount. If, however, the inspection and quarantine
institution only supervises the weight survey (including the weight survey by the inspection and quarantine institution without the
weight survey equipment), the weight survey fee shall be charged at 50% of the chargeable amount.

Article 10

The quality inspection fee for the goods of exit that are processed from imported materials shall be calculated and charged at 70%
of the charging rate.

Where no quality inspection is to be carried out on the goods of entry that are processed from supplied materials, no quality inspection
fee shall be charged. The quality inspection fee for the goods of exit that are processed from supplied materials shall be calculated
and charged at 70% of the charging rate.

Article 11

Where an inspection and quarantine institution carries out a type test on exported goods according to the relevant provisions, it
shall charge the type test fee according to the present Measures and the charging rates thereof. The quality inspection fee for the
exported goods whose type test has been completed shall be calculated and charged at 70% of the charging rate.

Article 12

For the quality inspection, weight survey and packing use survey of the dangerous articles, poisonous and harmful goods, and the survey
of the shipment conditions of the means of transportation that carries the aforementioned goods, the fees shall be doubled according
to those under the present Measures and the charging rates thereof.

Article 13

Where the unit price of a kind of valuable and rare metal of entry or exit exceeds 20,000 Yuan per kilogram, the excessive part shall
be exempted from quality inspection fee.

Article 14

Where the inspection and quarantine fees for the same batch of goods exceed 5,000 Yuan, the excessive part shall be charged at 80%.

Article 15

Where the total value of each batch of goods of entry or exit is less than 2,000 Yuan, such goods shall be exempted from quality inspection
fee, and only the cost of certificate (document) production shall be charged. If any other inspection and quarantine operation is
involved, the corresponding fees shall be charged according to the provisions.

Article 16

Under any of the following circumstances, the inspection and quarantine institution may charge additional laboratory inspection fee
and survey fee:

(1)

It is prescribed in the present Measures and the standards for the charging rates thereof that the laboratory inspection fee and the
survey fee shall be charged additionally;

(2)

It is required by a foreign government or a bilateral (multi-lateral) agreement or by the entry/exit-related person that items of
inspection or survey other than those specified in the operational rules on inspection and quarantine shall be added;

(3)

It is prescribed in laws or regulations or rules of the State Administration of Quality Supervision, Inspection and Quarantine that
items of inspection or survey other than those specified in the operational rules on inspection and quarantine shall be added, and
it’s explicitly required that fees be charged additionally.

Article 17

Where an object of entry or exit under statutory inspection and quarantine that has been inspected and quarantined is under any of
the following circumstances, the inspection and quarantine institution shall, after a new application for inspection and quarantine
has been filed and such an object has been re-inspected and re-quarantined, charge the related fees additionally according to the
present Measures and the charging rates thereof:

(1)

The importing or destination country (region) has modified the inspection and quarantine requirements;

(2)

The packing of goods or the consolidated goods are changed;

(3)

The validity period for inspection and quarantine or the time limit in the certificate (list) for export has expired;

(4)

It is found during port inspection that the goods do not conform to the documents or the batch numbers are in disorder, and they need
to be cleaned up once again.

Article 18

With respect to the exported goods that have been inspected and quarantined by the inspection and quarantine institution and have
been defined as unqualified, and for which a notice of disqualification has been issued, the inspection and quarantine fees shall
be charged at full amount. However, if, upon consent of the inspection and quarantine institution, the entry/exit-related person
has processed and cleaned up the unqualified goods once again, and the inspection and quarantine institution again inspects and quarantines
such goods, the fees shall be charged at half of the amount.

Article 19

Where an inspection and quarantine institution entrusts an inspection institution or any other testing entity, whose eligibility has
been recognized by the State Administration of Quality Supervision, Inspection and Quarantine, to inspect a statutory object to be
inspected and quarantined, the inspection fees shall be paid by the inspection and quarantine institution. After that the inspection
and quarantine institution may charge fees from the entry/exit-related person according to the present Measures and the charging
rates thereof.

Article 20

Where it is prescribed in laws or administrative regulations that certain goods of entry or exit are to be inspected by the relevant
inspection entity, and the inspection and quarantine institution issues a certificate upon strength of the inspection result, the
inspection and quarantine institution may only charge the cost of production of the issued certificate (list), and shall not charge
the inspection fees or any other fees.

Article 21

Where a port inspection and quarantine institution inspects the replacement of a certificate upon the strength of the certificate-replacement
list issued by the inspection and quarantine institution at the place of origin, it may only charge the cost of production of the
issued certificate (list), and shall not charge the inspection fees or any other fees.

Article 22

For the transit of plants or animal or plant products, the inspection and quarantine institution at the port of entry only needs to
quarantine the means of transportation and the packing, and charge the fees for inspection and quarantine of the means of transportation
or the packing according to the provisions. If it is required by relevant laws or administrative regulations that a plant or an animal
or plant product is to be quarantined by means of sampling, the fees shall be chargedaccording to the present Measures and the charging
rates thereof.

For the transit of animals, the quarantine fees shall be charged in light of the actual inspection and quarantine requirements, and
the charging rates for animal quarantine.

Article 23

Where an inspection and quarantine institution carries out a sanitary supervision inspection on imported foods, food additives, food
containers, packing materials, food instruments or equipment, or the detergent, disinfectant, etc. for foods or food instruments
or equipment (including the aforementioned goods that are processed from supplied materials, exported under buy-back agreement or
sold in duty-free shops), it shall charge the fees for sanitary inspection of the foods or food processing equipment according to
the present Measures and the charging rates thereof.

Where a single variety of food is imported at a quantity of not more than 100 tons or non-singular variety of foods at a quantity
of not more than 500 tons, the fees shall be calculated and charged at the charging rates for small batches of foods.

Article 24

For the inspection and quarantine of small amounts of frontier trade with the value of each batch not more than 100,000 Yuan, the
fees shall be calculated and charged at 70% of the charging rates prescribed in the present Measures. For the inspection and quarantine
of small amounts of frontier trade fees with the value of each batch not more than 50,000 Yuan, the fees shall be calculated and
charged at 50% of the charging rates prescribed in the present Measures.

Article 25

When an entry/exit-related person cancels an inspection or quarantine due to certain reasons, and the inspection and quarantine institution
has not begun the inspection or quarantine, no fees shall be charged. If the inspection and quarantine institution has carried out
the inspection or quarantine, the fees shall be calculated and charged at 100% of the charging rates. If the inspection or quarantine
is cancelled because of the liability of the inspection and quarantine institution, no fees shall be charged.

Article 26

An entry/exit-related person shall, according to the relevant laws, regulations, the present Measures and the charging rates thereof,
pay the inspection and quarantine fees at full amount in good time. Within 20 days as of the issuance of a charging notice by the
inspection and quarantine institution, the entry/exit-related person shall pay off all the fees. If he fails to pay off the fees
within the time limit, an overdue payment fine at a rate of 5 thousandth of the unpaid amount per day shall be imposed since the
21st day.

Article 27

The inspection and quarantine institution shall charge fees strictly according to the present Measures and the charging rates thereof,
apply for the charging permit in the designated competent department of price, and issue the receipts in use as prescribed by the
Ministry of Finance.

Article 28

Each inspection and quarantine institution shall publicize the charging items and charging rates, accept the inspection and supervision
by competent departments of price and that of finance, may not discretionally increase or reduce the charging items, or discretionally
raise or lower the charging rates, or charging fees repeatedly.

Article 29

The present Measures shall be implemented on April 1st, 2004. Any relevant previous provisions on charging entry-exit inspection and
quarantine fees, which are inconsistent with the present Measures, shall all be abolished.

Annex 1: “Charging Rates for Entry-Exit Inspection and Quarantine” (Omitted)

Annex 2: “Charging Rates for the Relevant Laboratory Test Items and Survey Items on Entry-Exit Inspection and Quarantine” (Omitted)

Annex 3: “Charging Rates for Entry-Exit Inspection and Quarantine, Quarantine Treatment, etc.” (Omitted)

 
State Development and Reform Commission, Ministry of Finance
2003-12-31

 




PROMOTION OF SMALL AND MEDIUM-SIZED ENTERPRISES LAW

Law of the People’s Republic of China on Promotion of Small and Medium-sized Enterprises

(Adopted at the 28th Meeting of the Standing Committee of the Ninth National People’s Congress on June 29, 2002 and
promulgated by Order No. 69 of the President of the People’s Republic of China on June 29, 2002) 

Contents 

Chapter I    General Provisions 

Chapter II   Funding 

Chapter III  Support for Establishment of Enterprises 

Chapter IV   Technological Innovation 

Chapter V    Market Development 

Chapter VI   Public Services 

Chapter VII  Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  This Law is enacted for the purpose of improving the business environment for small and medium-sized enterprises,
promoting their sound development, creating more job opportunities in both urban and rural areas, and giving play to the important
role of such enterprises in national economic and social development.     

Article 2  For purposes of this Law, small and medium-sized enterprises refer to the different forms of enterprises under different
ownerships that are established within the territory of the People’s Republic of China according to law, that help to meet the social
needs and create more job opportunities, that comply with the industrial policies of the State and that are small and medium-sized
in production and business operation.  

The criteria for determining small and medium-sized enterprises shall be laid down by the department under the State Council in charge
of work in respect of enterprises, on the basis of the number of employees, volume of sale, total assets, etc. of an enterprise and
in light of the characteristics of different trades and shall be submitted to the State Council for approval. 

Article 3  With regard to small and medium-sized enterprises, the State applies the principles of active support, strong guidance,
perfect service, lawful standardization and guaranteed rights and interests, in order to create a favorable environment for their
establishment and development. 

Article 4  The State Council shall be responsible for formulating policies regarding small and medium-sized enterprises and
make overall planning for their development.  

The department under the State Council in charge of work in respect of enterprises shall arrange for the implementation of the State
policies and plans concerning the small and medium-sized enterprises, making all-round coordination and providing guidance and services
in the work regarding such enterprises throughout the country. 

The related departments under the State Council shall, according to the policies and overall planning of the State for small and
medium-sized enterprises and within the scope of their respective functions and responsibilities, provide guidance and services to
such enterprises.  

Local people’s governments at or above the county level, the administrative departments under them in charge of work in respect of
enterprises and other departments concerned shall, within the scope of their respective functions and responsibilities, provide guidance
and services to small and medium-sized enterprises located within their respective administrative areas.  

Article 5  The department under the State Council in charge of work in respect of enterprises shall, according to the industrial
policies of the State and in light of the characteristics of the small and medium-sized  enterprises and the conditions of their
development, determine the key ones for support by formulating a catalogue of small and medium-sized  enterprises to be provided
with guidance for their industrial development or by other means, in order to encourage the development of all such enterprises.
 

Article 6  The State protects the lawful investments made by small and medium-sized enterprises and their investors, as well
as the legitimate profits earned from the investments. No unit or individual may infringe upon the property and lawful rights and
interests of such enterprises. 

No unit may, in violation of laws and regulations, charge fees to or impose fines on small and medium-sized enterprises, nor collect
money or things of value from them. The enterprises shall have the right to refuse to make the payment and the right to report and
accuse violations of the provisions mentioned above. 

Article 7  Administrative departments shall safeguard the lawful rights and interests of small and medium-sized enterprises,
protect their right to participate in fair competition and transaction according to law, and they may not discriminate against the
enterprises or add unequal conditions to their transactions. 

Article 8  small and medium-sized  enterprises shall observe State laws and regulations governing occupational safety,
occupational health, social security, resources, environment protection, product quality, public finance, taxation, finance, etc.,
and manage business according to law, and they may not infringe upon the lawful rights and interests of their employees or impair
public interests. 

Article 9  small and medium-sized  enterprises shall observe professional ethics, abide by the principle of good faith,
work hard to raise their business level and increase the ability to develop themselves. 

Chapter II 

Funding 

Article 10  In the budget of the Central Government there shall be a heading for small and medium-sized enterprises, under which
to arrange special funds for supporting the development of such enterprises. 

Local people’s governments shall, in light of actual conditions, provide financial support to small and medium-sized enterprises. 

Article 11  The special funds provided by the State for supporting the development of small and medium-sized enterprises shall
be used to promote the establishment of a service system for such enterprises, to carry out work in their support, to supplement
their funds for development and to support their development in other areas. 

Article 12  The State establishes development funds for small and medium-sized enterprises, which are composed of the following:
 

(1) the special funds arranged in the budget of the Central Government for supporting the said enterprises; 

(2) profits yielded by the funds; 

(3) donation; and 

(4) others. 

The State encourages donations to the development funds for small and medium-sized enterprises through taxation policies. 

Article 13  The State development funds for small and medium-sized enterprises shall be used to support the following fields
of endeavor: 

(1) instructions on and services for establishment of enterprises; 

(2) establishment of a credit guaranty system for the enterprises; 

(3) technological innovation; 

(4) encouragement for their specialization and their cooperation with large enterprises; 

(5) personnel training and information consultancy, etc. provided by the service institutions for the enterprises; 

(6) creation of international market; 

(7) cleaner production; and 

(8) others. 

The administrative measures for establishment and use of the development funds for small and medium-sized enterprises shall be formulated
separately by the State Council.  

Article 14  The People’s Bank of China shall give better guidance in credit policies and help improve the financing environment
for small and medium-sized enterprises. 

The People’s Bank of China shall give more vigorous support to small and medium-sized financial institutions and encourage commercial
banks to readjust their credit structure and provide greater credit support to small and medium-sized enterprises. 

Article 15 All financial institutions shall provide financial support to small and medium-sized enterprises, make efforts to improve
financial service, change their style of service, enhance their awareness of the importance of service and improve service quality. 

All commercial banks and credit cooperatives shall improve credit management, expand the areas of services and develop financial
products that are suited to the development of small and medium-sized enterprises, readjust their credit structure, and provide the
enterprises with such services as loans, balancing of accounts, financial consultancy and investment management. 

State policy-oriented financial institutions shall, within their business scope, provide financial services to small and medium-sized
enterprises. 

Article 16  The State takes measures to broaden the channels of direct financing for small and medium-sized enterprises and
gives them active guidance in their efforts to create conditions for direct financing through various ways as permitted by laws and
administrative regulations. 

Article 17  The State, through taxation policies, encourages various kinds of risk investment institutions established according
to law to increase investment in small and medium-sized enterprises. 

Article 18  The State promotes the development of the credit system for small and medium-sized enterprises by establishing a
collection and assessment system of credit information, in order to socialize the inquiry about and the exchange and sharing of credit
information concerning such enterprises. 

Article 19  People’s governments at or above the county level and related departments shall promote and arrange for the establishment
of a credit guaranty system for small and medium-sized enterprises, encourage credit guaranty for them and create conditions for
their financing.  

The administrative measures for credit guaranty for small and medium-sized enterprises shall be formulated separately by the State
Council. 

Article 20  The State encourages all kinds of guaranty institutions to provide credit guaranty to small and medium-sized enterprises.
 

Article 21  The State encourages small and medium-sized enterprises to enter into different forms of mutual-help financing guaranty
according to law. 

Chapter III 

Support for Establishment of Enterprises 

Article 22  The government departments concerned shall actively create conditions to provide necessary and suitable information
and consultancy and, when working out plans for urban and rural construction, make rational arrangements for the necessary places
and facilities to meet the needs for the development of small and medium-sized enterprises and support the establishment of such
enterprises.  

Where unemployed or disabled establish small and medium-sized  enterprises, the local government shall actively support them,
provide conveniences and better guidance. 

The government departments concerned shall take measures to broaden channels for the small and medium-sized enterprises to employ
graduates of colleges and specialized secondary schools.  

Article 23 The State supports and encourages, through relevant taxation policies, the establishment and development of small and
medium-sized enterprises. 

Article 24 With regard to the small and medium-sized enterprises that are established by unemployed persons or that employ laid-off
workers in the year of their establishment, the number of whom reaches the percentage fixed by the State, the ones that use new and
high technologies and conform to State policies for supporting and encouraging the development of such enterprises the ones that
are established in minority ethnic areas and poverty-stricken areas, and the ones that provide jobs to disabled persons, the number
of whom reaches the percentage fixed by the State, the State reduces the rate of tax or exempts them from income tax during a certain
period of time, and adopts preferential taxation policies. 

Article 25  Local people’s governments shall, in light of actual conditions, provide persons who establish enterprises with
policy consultancy and information services concerning industrial and commercial administration, public finance, taxation, financing,
labor, employment, social security, etc. 

Article 26  Government departments in charge of enterprise registration shall, in compliance with the statutory requirements
and procedures, handle registration for the small and medium-sized  enterprises established, increase their work efficiency
and provide conveniences to the registrants. They may not impose preconditions for registration of enterprises beyond the provisions
of laws and administrative regulations; and they may not collect fees beyond the ones or rates specified by laws and administrative
regulations. 

Article 27  The State encourages small and medium-sized  enterprises, in accordance with the State policies for the use
of foreign funds, to introduce foreign investment and advanced technology and management expertise and to establish Chinese-foreign
equity joint ventures and contractual joint ventures. 

Article 28  The State encourages individuals and legal persons, in accordance with law, to take part in the establishment of
small and medium-sized  enterprises by investing their industrial property right, nonpatented technology, etc. 

Chapter IV 

Technological Innovation 

Article 29  The State formulates policies to encourage small and medium-sized  enterprises to develop new products and
to adopt advanced technology, manufacturing technique and equipment to meet market needs and to improve product quality and make
technological progress. 

When launching projects for technological innovation and projects for technological updating in support of the products of large
enterprises, small and medium-sized enterprises may enjoy the policy of discount interest on loans.  

Article 30  The government departments concerned shall give policy-related support to small and medium-sized  enterprises
in terms of planning, land use and finance, promote the establishment of different kinds of technical service institutions and establish
centers for advancing the productive forces and bases for creating science- and technology-oriented enterprises, in order to provide
small and medium-sized  enterprises with services relating to technological information, consultancy and transferring and services
for the development of products and technologies, and to help promote the transformation of scientific and technological achievements
and upgrade the technology and product of the enterprises. 

Article 31  The State encourages technological cooperation, development and exchange between small and medium-sized  enterprises
on the one hand and research institutions and institutions of higher education on the other, in order to promote the industrialization
of scientific and technological achievements and actively develop small and medium-sized enterprises that make use of scientific
and technological achievements.  

Chapter V 

Market Development 

Article 32  The State encourages and supports large enterprises to establish, on the basis of resources allocation by the market,
stable relations of cooperation with small and medium-sized enterprise in respect of the supply of raw and semi-processed materials,
production, marketing, and technological development and updating, in order to help promote the development of small and medium-sized 
enterprises. 

Article 33  The State gives guidance to, promotes and regulates the restructuring of the assets of small and medium-sized 
enterprises through merge, purchase, etc., in order to optimize the allocation of resources. 

Article 34  When purchasing goods or service, the government shall give first priority to small and medium-sized  enterprises. 

Article 35  The government departments and institutions concerned shall provide guidance and assistance to small and medium-sized 
enterprises to stimulate the export of their products and promote their economic and technological cooperation and exchange with
other countries.  

The policy-oriented financial institutions of the State concerned shall, by means of providing loans for import and export, export
credit insurance, etc., support small and medium-sized enterprises in their efforts to develop market abroad.  

Article 36  The State formulates policies to encourage qualified small and medium-sized enterprises to invest abroad, participate
in international trade and develop international market.  

Article 37  The State encourages the service institutions for small and medium-sized  enterprises to hold exhibitions and
fairs for their products and to conduct information consultancy activities. 

Chapter VI 

Public Services 

Article 38  The State encourages all sectors of the society to establish and improve the service system for small and medium-sized 
enterprises and to provide them with services. 

Article 39  The government shall, in light of actual needs, support the institutions established in the service of small and
medium-sized enterprises and see that they provide top-notch services to the enterprises. 

The service institutions for small and medium-sized enterprises shall make full use of computer networks and other advanced technologies
to gradually establish and improve the information service system opening to the entire community. 

The service institutions for small and medium-sized enterprises shall contact the various kinds of public intermediary agencies and
encourage them to serve such enterprises. 

Article 40  The State encourages the various kinds of public intermediary agencies to provide the small and medium-sized 
enterprises with such services as instructions on establishment of enterprises, business consulting, information consultancy, marketing,
investment, financing, credit guaranty, property right transaction, technological support, bringing in of talents, personnel training,
cooperation with other countries, exhibitions, fairs and legal advice. 

Article 41 The State encourages related institutions and institutions of higher education to train managerial, technical and other
personnel for small and medium-sized  enterprises, in order to help raise the enterprises’ level of marketing, management and
technology. 

Article 42  The self-regulating trade organizations shall actively serve the small and medium-sized  enterprises. 

Article 43  The self-regulating organizations in charge of the self-restricting and self serving small and medium-sized 
enterprises shall safeguard the legitimate rights and interests of the enterprises, express their suggestions and requirements, and
serve them in market development and increase of their management ability. 

Chapter VII 

Supplementary Provisions 

Article 44  The provinces, autonomous regions and municipalities directly under the Central Government may, in light of the
conditions of the local small and medium-sized enterprises, formulate measures for implementation of this Law. 

Article 45  This Law shall go into effect as of January 1, 2003.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.




LETTER OF THE MINISTRY OF COMMERCE CONCERNING ASSISTING THE ESTABLISHMENT OF AN AID WORK MECHANISM FOR LABOR SERVICE ASSIGNED ABROAD






Letter of the Ministry of Commerce concerning Assisting the Establishment of An Aid Work Mechanism for Labor Service Assigned Abroad

Wai Jing Mao He Han [2003] No. 30
January 10, 2003

The people’s government of all provinces, autonomous regions, municipalities directly under the Central Government, and cities specifically
designated in the state plan,

China’s foreign-related labor service cooperation business developed rapidly, brought about good economic and social returns, and
played a positive role in increasing the foreign exchange revenue of the state, partly easing domestic employment pressure, bringing
along the development of local economy and promoting the reform and opening to the outside world during the past 20-odd years of
reform and opening to the outside world. It has become an important integral part of China’s export-oriented economy and the implementation
of the “going out” strategy. But with the continuous expansion of the scale of China’s foreign-related labor service cooperation
business, disputes and emergencies in respect of the labor service assigned abroad have gradually become more and more as well. Such
disputes or emergencies are usually paroxysmal, complicated and social, so if not disposed properly, they will influence the sound
development of China’s foreign-related cooperation cause and impair the reputation and image of China, or even trigger the unstable
factors of the society.

It is necessary to set up an aid work mechanism for labor services assigned abroad as soon as possible for the purpose of timely disposing
and solving the disputes and emergencies concerning labor service, actually protecting the legitimate rights and interests of the
workers assigned abroad as well as ensuring the sound development of the cause of China’s foreign-related labor service. In September
2001, the Ministry of Foreign Trade and Economic Cooperation began the pilot work of setting up aid centers for labor service assigned
abroad (hereinafter referred to as the aid centers) in Heilongjiang, Shanghai, Jiangsu and Zhejiang. At present, an aid Center has
been set up in Shanghai; a management and coordination team for outbound labor service has been set up in Zhejiang Province, the
general office of the provincial government takes the lead in the establish, simultaneously, involving the department of foreign
trade and economic cooperation, the department of labor and social security, the department of public security, the administration
for industry and commerce, department of foreign affairs, and the bureau of frontier defense. The aid centers of Heilongjiang and
Jiangsu provinces are still under construction. In September 2002, a complaint institution for workers assigned abroad was set up
by China International Contractors Association. The already set up institutions as mentioned above have obtained good effects ever
since began to implement the related work.

Taking into consideration what is stated above, the Ministry of Foreign Trade and Economic Cooperation believes that it is time to
set up an aid work mechanism for labor service assigned abroad. For this reason, in accordance with the actual situations, the people’s
governments of all provinces, autonomous regions, municipalities directly under the Central Government, and cities specifically designated
in the state plan should urge the foreign trade and economic cooperation commissions (departments and bureaus) under them to set
up an aid work mechanism for labor service assigned abroad and offer assistance to them to properly carry out the tasks as follows:

1.

Directing the foreign trade and economic cooperation commissions (departments, bureaus) to be fully aware of the importance of protecting
the legitimate rights and interests of the workers from the height of implementing the “Three Represents” Theory and urge them to
set up an aid work mechanism for labor service assigned abroad as soon as possible. The tasks of the aid work mechanism for labor
service assigned abroad include: to solve the disputes and emergencies both domestically and abroad happening to the workers assigned
abroad by the local enterprises with the foreign-related cooperative business qualifications, to accept the appeals of workers assigned
abroad as well as to provide policy consultation and legal aids to workers assigned abroad.

2.

An aid work mechanism for labor service assigned abroad may be set up in the forms as follows:

In case an aid center has been set up, it shall be run effectively and fully play its role. In case the basic conditions for setting
up an aid center are met, an aid center shall be set up as possible as can. In case the conditions for setting up an aid center are
not mature yet for the time being, an aid work mechanism for workers assigned abroad shall be set up in light of the actual situations
of this region, or there shall be a special department of the foreign trade and economic cooperation commission (department, bureau)
for providing aid to such workers.

3.

The name and contact information of the major persons-in-charge of the aid center already set up or of the aid work mechanism for
workers assigned abroad or of the special department designated by this commission (department or bureau) to (the Cooperation Department)
of the Ministry of Foreign Trade and Economic Cooperation shall be urged to be submitted at the end of February, 2003 by the foreign
trade and economic cooperation commission (department and bureau) of your province, autonomous region, municipality directly under
the Central Government or city under separate state planning.


Table of the Aid Work Mechanisms

￿￿

Table of the Aid Work Mechanisms of All Places for Labor Service Assigned Abroad

￿￿




￿￿

Province (City)

Name of Aid Mechanism Assigned Abroad

Contact Person

Tel

Fax

1

Beijing

Foreign Trade and Economic Cooperation Office of Beijing Foreign Trade and Economic Cooperation Commission

Zhao Weidong

010-65248762

010-65248762

2

Tianjin

Tianjin Aid Institution for Labor Service Assigned Abroad

Wang Jianxin

Li Liping

Song Yunping

022-23316905

022-83310768

022-23399725

022-23139482

022-23315231

022-23313152

3

Hebei Province

Leading Group of Hebei Province for the Management and Coordination of Labor Service of Assigned Abroad

Wang Deping

Rong Dan

0311-7044205

0311-7089689

0311-7041570

4

Shanxi Province

Aid Work Team of Shanxi Province for Labor Service Assigned Abroad

Yang Yushan

Wang Liping

Guo Xiangxiang

0351-3046214

0351-3046214

5

Inner Mongolia Autonomous Region

￿￿

￿￿

￿￿

￿￿

6

Liaoning Province

Foreign Trade and Economic Cooperation Office of the Foreign Trade and Economic Cooperation Department of Liaoning Province

Li Yan

Mu Dongyi

024-86892814

024-86892298-

7090

￿￿

7

Dalian

￿￿

￿￿

￿￿

￿￿

8

Jilin Province

Foreign Trade and Economic Cooperation Office of the Foreign Trade and Economic Cooperation Department of Jilin Province

Zeng Hong

0431-5624716

0431-5624772

9

Heilongjiang Province

￿￿

￿￿

￿￿

￿￿

10

Shanghai

Shanghai Aid Center for Labor Service Assigned Abroad

Mi Daming

021-63210165

021-63291984

11

Jiangsu Province

Management and Coordination Team Of Zhejiang Province for Outbound Labor Service

He Xiaoqun

0571-87706136

0571-87706029

12

Zhejiang Province

Coordination Team of Ningbo for Labor Service Assigned Abroad

Liu Xiaoyan

0574-87319285

0574-87328288

13

Ningbo

￿￿

￿￿

￿￿

￿￿

14

Anhui Province

Foreign Trade and Economic Cooperation Office of Foreign Trade and Economic Cooperation Department of Anhui Province

Hou Gexiong

0551-2831223

0551-2831287

15

Fujian Province

￿￿

￿￿

￿￿

￿￿

16

Xiamen

￿￿

￿￿

￿￿

￿￿

17

Jiangxi Province

Coordination Team of Jiangxi Province for Labor Service Assigned Abroad

Shui Dali

0791-6246230

0791-6246236

0791-6211405

18

Shandong Province

￿￿

￿￿

￿￿

￿￿

19

Qingdao Province

Cooperation Office of Qingdao Foreign Trade and Economic Cooperation Bureau

Wu Heng

05320-5918163

0532-5918135

0532-5910212

20

Henan Province

￿￿

￿￿

￿￿

￿￿

21

Hubei Province

Foreign Trade and Economic Cooperation Office of Hubei Foreign Trade and Economic Cooperation Department

Yang Qingsong

027-85774478

027-85774122

027-85773668

22

Hunan Province

Foreign Trade and Economic Cooperation Office of Hunan Foreign Trade and Economic Cooperation Department

Li Baosheng

0731-2285430

0731-2287181

23

Guangdong Province

Foreign Trade and Economic Cooperation Office of Guangdong Foreign Trade and Economic Cooperation Department

Fu Haikun

REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE CUSTOMS RANKS

Regulations of the People’s Republic of China on the Customs Ranks

(Adopted at the 32nd Meeting of the Standing Committee of the Ninth National People’s Congress on February 28, 2003
and promulgated by Order No.85 of the President of the People’s Republic of China on February 28, 2003) 

Contents 

Chapter I    General Provisions 

Chapter II   Classification of Customs Ranks 

Chapter III  Conferment of Customs Ranks 

Chapter IV   Promotion of Customs Ranks 

Chapter V    Retention, Demotion and Deprivation of Customs Ranks 

Chapter VI   Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  These Regulations are enacted in accordance with the Constitution, with a view to strengthening the contingent of
the Customs personnel, enhancing their sense of responsibility, their sense of honor, and their sense of organization and discipline,
and facilitating their performance of duties according to law. 

Article 2  A system of customs ranks shall be practised for the customs. Customs ranks may be conferred on the State public
servants of the General Administration of Customs, sub-administrations of customs, Commissioner’s Office, regional customs, subordinate
customs and offices. 

The system of the police ranks shall be practised for the anti-smuggling police of the customs.  

Article 3  A customs rank is embodied in the post_title and insignia identifying the grade and status of a customs officer and is
an honor granted to him by the State. 

Article 4  The customs ranks of the customs personnel shall follow a scheme of Customs ranks graded in correspondence with post
levels. 

Article 5  Customs officers holding higher customs ranks shall be the superiors of those holding lower ranks. Where a customs
officer holding a higher rank is a subordinate, in terms of post, to a customs officer holding a lower rank, the latter shall be
the superior. 

Article 6  The General Administration of Customs shall be in charge of the work concerning customs ranks. 

Chapter II 

Classification of Customs Ranks 

Article 7  The customs ranks are classified into the following thirteen grades under five categories: 

(1) Customs Commissioner-General and Deputy Customs Commissioner-General; 

(2) Customs Commissioner: First Grade, Second Grade, and Third Grade; 

(3) Customs Supervisor: First Grade, Second Grade, and Third Grade; 

(4) Customs Superintendent: First Grade, Second Grade, and Third Grade; and 

(5) Customs Inspector: First Grade and Second Grade. 

Article 8  The customs ranks corresponding to the different levels of posts held by the customs officers shall follow the scheme
below: 

(1) Chief post at the level of General Administration: Customs Commissioner-General; 

(2) Deputy post at the level of General Administration: Deputy Customs Commissioner-General; 

(3) Chief post at the level of department: Customs Commissioner First Grade and Customs Commissioner Second Grade; 

(4) Deputy post at the level of department: Customs Commissioner Second Grade and Customs Commissioner Third Grade; 

(5) Chief post at the level of division: from Customs Commissioner Third Grade down to and including Customs Supervisor Second Grade; 

(6) Deputy post at the level of division: from Customs Supervisor First Grade down to and including Customs Supervisor Third Grade; 

(7) Chief post at the level of section: from Customs Supervisor Second Grade down to and including Customs Superintendent Second
Grade; 

(8) Deputy post at the level of  section: from Customs Supervisor Third Grade down to and including Customs Superintendent Third
Grade; 

(9) Post at the level of section member : from Customs Superintendent First Grade down to and including Customs Inspector First Grade;
and 

(10) Post at the level of office worker: from Customs Superintendent Second Grade down to and including Customs Inspector Second
Grade. 

Chapter III 

Conferment of Customs Ranks 

Article 9  Customs ranks shall be conferred on the customs officers on the basis of their current posts, their political integrity
and professional competence, the length of time in which they hold the posts as well as their seniority. 

Article 10  The customs authority shall confer on customs officers who are recruited through examinations or transferred from
other departments the customs ranks that are commensurate with the posts they are assigned to respectively. 

Article 11  The conferment of customs ranks on customs officers shall be approved according to the limits of authority prescribed
as follows: 

(1) The ranks of  the Customs Commissioner-General, Deputy Customs Commissioner-General, Customs Commissioner First Grade and
Customs Commissioner Second Grade shall be subject to the approval of and be conferred by the Premier of the State Council; 

(2) The ranks of the Customs Commissioner Third Grade down to and including the Customs Supervisor Third Grade shall be subject to
the approval of and be conferred by the Minister of the General Administration of Customs; 

(3) The ranks at or below the Customs Superintendent First Grade for customs officers working in the headquarters and affiliated
offices of the General Administration of Customs shall be subject to the approval of and be conferred by the Director of the Department
of Political Affairs of the General Administration of Customs; and 

(4) The ranks at or below the Customs Superintendent First Grade for customs officers working in the regional and subordinate customs
offices shall be subject to the approval of and be conferred by the Director General of the regional customs. 

Chapter IV 

Promotion of Customs Ranks 

Article 12  Customs officers holding the ranks at or below the Customs Supervisor Second Grade shall be promoted within the
range of the customs ranks corresponding to their post levels and at the following intervals:  

Each promotion to the next higher grade requires three years for the Customs Inspector Second Grade up to and including the Customs
Superintendent First Grade; and 

Each promotion to the next higher grade requires four years for the Customs Superintendent First Grade up to and including the Customs
Supervisor First Grade.  

Article 13  At the end of the interval for promotion, the customs officers holding the rank at or below the Customs Supervisor
Second Grade, who are qualified for promotion after appraisal, shall be promoted to the next higher grade; such promotion shall be
deferred for those who are not qualified for it. Those who make outstanding achievements in work may be promoted in advance upon
approval. 

Article 14  Selective promotion shall be conducted among the customs officers holding the rank at or above the Customs Supervisor
First Grade, within the range of the customs ranks corresponding to their post levels and on the basis of their political integrity,
professional competence and their actual achievements. 

Article 15  Where, a customs officer is promoted to a higher post but the customs rank he is holding is lower than the lowest
rank prescribed in the scheme for the new post, he shall be promoted to that lowest rank correspondingly.       
 

Article 16  A customs inspector may be promoted to customs superintendent, a customs superintendent to customs supervisor, and
a customs supervisor to customs commissioner only when they have received training and proved qualified. 

Article 17  The provisions in Article 11 of the Regulations shall be applicable to the limits of authority for approval of the
promotion of customs ranks. 

Chapter V 

Retention, Demotion and Deprivation of Customs Ranks 

Article 18  When a customs officer retires, he may retain his customs rank but shall not wear the insignias thereof. 

When a customs officer is transferred from the customs, resigns or is dismissed, he shall not retain his customs rank. 

Article 19  Where a customs officer is demoted to a lower post for incompetence at the current post, if the customs rank he
is holding is higher than the highest rank of the customs rank prescribed in the scheme for the new post, he shall be demoted to
that highest rank. The limits of authority for approval of such demotion shall be the same as those for approval of the original
customs rank.       

Article 20 Where a customs officer is given the administrative sanction of demotion or removal from the post, his customs rank shall
be demoted accordingly. The limits of authority for approval of such demotion shall be the same as those for approval of the original
customs rank. After demotion of the customs rank, the interval for promotion shall be calculated anew on the basis of the customs
rank he is holding after demotion. 

Demotion in the customs rank shall not be applied to Customs Inspector Second Grade. 

Article 21  Where a customs officer is discharged as an administrative sanction, or commits crimes and is sentenced to deprivation
of political rights or to fixed-term imprisonment or more serious criminal punishment, he shall be deprived of his customs rank accordingly,
and there is no need to go through the approval formalities. 

The provisions in the preceding paragraph shall be applicable to the retired customs officers who commit crimes. 

Chapter VI 

Supplementary Provisions 

Article 22  The patterns of the insignias for the customs ranks and the way of wearing them shall be drawn up by the State Council. 

Article 23  These Regulations shall go into effect as of the date of promulgation.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.




AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF GUYANA ON THE PROMOTION AND PROTECTION OF INVESTMENTS

AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF GUYANA ON THE PROMOTION AND
PROTECTION OF INVESTMENTS

The Government of the People’s Republic of China and the Government of the Republic of Guyana, hereinafter referred to as “the Contracting
Parties”

Desiring to intensify economic cooperation between both States on the basis of equality and mutual benefits;

Recognizing that the reciprocal encouragement, promotion and protection of investments will be conducive to stimulating the business
initiatives of investors and the economic development of both States;

Intending to create favourable conditions for investment by investors of one Contracting Party in the territory of the other Contracting
Party;

Agreeing that these objectives can be achieved without relaxing health, safety and environmental measures of general application;

Respecting the sovereignty and laws of the Contracting Party within whose jurisdiction the investment falls;

Have agreed as follows:

Article 1

DEFINITIONS

For the purposes of this Agreement:

1.

“investment” means every kind of asset invested by investors of one Contracting Party in accordance with the laws and regulations
of the other Contracting Party in the territory of the latter and in particular, though not exclusively, includes:

(a)

movable and immovable property as well as any other property rights such as mortgages, liens and pledges;

(b)

shares, stock, debentures and any other form of participation in company;

(c)

claims to money, or to any performance under contract having an economic value associated with an investment;

(d)

intellectual property rights, including copyrights, patents, industrial designs, trademarks, trade names, technical processes, know-how
and goodwill;

(e)

business concessions conferred by law or under contract permitted by law, including concessions to search for, cultivate, extract
or exploit natural resources;

Any change in the form in which assets are invested shall not affect the character of the assets as investments, provided that such
change is done in conformity with laws and regulations of the Contracting Party in which the assets are invested.

2.

“investors” means:

(a)

natural persons who have nationality of either Contracting Party in accordance with the laws of that Contracting Party;

(b)

economic entities, including companies, corporations, associations, partnerships and other organizations, incorporated and constituted
under the laws and regulations of either Contracting Party and which have their seats in that Contracting Party.

3.

“nationals” means those persons referred to in paragraph 2 (a)above.

4.

“returns” means the amounts yielded from an investment and in particular, though not exclusively, includes profit, interests, capital
gains, dividends, royalties and fees.

5.

“territory” means:

the territory of the People’s Republic of China or the territory of Cooperative Republic of Guyana, respectively, as well as those
maritime areas including the seabed and subsoil, adjacent to the outer limit of the territorial sea over which the State concerned
exercises, in accordance with international law, sovereign rights or jurisdiction for the purpose of exploration and exploitation
of the natural resources of such areas.

Article 2

PROMOTION AND PROTECTIONOF INVESTMENTS

1.

Each Contracting Party shall encourage and create favourable conditions for investors of the other Contracting Party to invest in
its territory and shall admit such investments in accordance with its laws and regulations.

2.

Investments of the investors of each Contracting Party shall be accorded fair and equitable treatment and shall enjoy full protection
and security in the territory of the other Contracting Party.

3.

Without prejudice to its laws and regulations, neither Contracting Party shall in any way impair by unreasonable or discriminatory
measures the management, maintenance, use, enjoyment or disposal of investments in its territory by the investors of the other Contracting
Party.

4.

Each Contracting Party shall issue visas and work permits in accordance with its own laws and regulations to nationals of the other
Contracting Party engaging in activities associated with investments made in its territory. Each Contracting Party shall encourage
its investors to employ their best endeavours to facilitate the training of local personnel and the transfer of skills.

Article 3

TREATMENT OF INVESTMENTS

1.

For the purposes of this Article, “activities associated with the investments,” means the operation, management, maintenance, use,
enjoyment or disposal of those investments by the investor.

2.

Without prejudice to its laws and regulations, each Contracting Party shall accord to investments or returns and activities associated
with the investments by the investors of the other Contracting Party, treatment not less favorable than that accorded to the investments,
returns and associated activities of its own investors.

3.

Neither Contracting Party shall subject investments or returns and activities associated with the investments by the investors of
the other Contracting Party to treatment less favorable than that accorded to the investments or returns and associated activities
of investors of any third State.

4.

The treatment granted under this Article shall not relate to privileges, which either Contracting Party accords to investors of third
States or account of its membership in, or association with, a customs or economic union, a common market or a free trade area.

5.

The treatment granted under this Article shall not relate to advantages which either Contracting Party accords to investors of third
States by virtue of a double taxation agreement or other international agreement regarding matters of taxation.

6.

The provisions of this Article shall not prevent either Contracting Party from granting special incentives only to its own nationals
and companies in accordance with its laws and regulations in order to stimulate the creation or growth of local industries, provided
that such incentives do not impair the investments or the activities in connection with an investment, of nationals and companies
of the other Contracting Party.

Article 4

EXPROPRIATION

1.

Neither Contracting Party shall expropriate, nationalize or take other similar measures (hereinafter referred to as “expropriation”)
against the investments of the investors of the other Contracting Party in its territory, except:

(a)

for the public purpose; and

(b)

under domestic law; and

(c)

without discrimination and

(d)

against compensation.

2.

The compensation mentioned in Paragraph 1 of this Article shall be equivalent to the market value of the expropriated investments
immediately before the expropriation is taken or before the impending expropriation becomes public knowledge, whichever is the earlier.
The value shall be determined in accordance with the generally recognized principles of valuation as if the investments were to be
sold as an ongoing concern on the open market disregarding the question of expropriation. The compensation shall include interest
at the average commercial rate from the date of expropriation until the date of payment. The compensation shall be made without delay,
be effectively realizable and be freely transferable.

3.

The investor affected shall have a right, under the law of the Contacting Party making the expropriation, to prompt review, by a judicial
or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment in accordance
with the principles set out in this Article.

Article 5

COMPENSATION FOR DAMAGES AND LOSSES

Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war or
other armed conflict, a state of national emergency, revolt, insurrection or riot or other similar event in the territory of the
latter Contracting Party shall be accorded by the latter Contracting Party treatment, as regards restitution, indemnification, compensation
or other settlement, no less favourable than that which the latter Contracting Party accords to its own investors or to investors
of any third State.

Article 6

TRANSFERS

1.

Each Contracting Party shall, subject to its laws and regulations, grant to the investors of the other Contracting Party the transfer
of their investments and returns held in its territory, including:

(a)

profits, dividends, interest and other legitimate income;

(b)

proceeds obtained from the total or partial sale or liquidation of investments

(c)

payments pursuant to loans in connection with investments;

(d)

royalties and fees in relation to the matters in Paragraph 1(d) of Article 1 ;

(e)

earnings of nationals of the other Contracting Party who are allowed to work in connection with an investment in the territory of
the former Contracting Party;

(f)

compensation provided for in Article 5 ;

(g)

payments of technical assistance or technical service fee or management fee;

(h)

capital and additional sums necessary for the maintenance and development of the investments.

2.

Nothing in Paragraph 1 of this Article shall affect the free transfer of compensation paid in terms of Article 4 of this Agreement.

3.

Transfers shall be made in freely convertible currency and at the applicable prevailing market rate of exchange in the territory of
the Contracting Party accepting the investment and on the date of transfer subject to any withholding tax, income tax and other taxes
unless otherwise agreed at the time of an individual investment.

Article 7

SUBROGATION

If one Contracting Party or its designated agency makes a payment to its investor under an indemnity give in respect of an investment
made in the territory of the other Contracting Party, the latter Contracting Party shall recognize the assignment of all the rights
and claims of the indemnified investor to the former Contracting Party or its designated agency, by law and the right of the former
Contracting Party or its designated agency to exercise by virtue of subrogation any such right to the same extent as the investor.

Article 8

SETTLEMENT OF DISPUTES BETWEEN

THE CONTRACTING PARTIES

1.

Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be
settled by consultation through diplomatic channels.

2.

If the dispute has not been settled within a period of six months from the date on which either Contracting Party raised the matter,
it may be submitted at the request of either Contracting Party to an Arbitral Tribunal.

3.

Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member, and these two members
shall agree upon a national of a third State having diplomatic relations with both Contracting Parties, as the chairman to be appointed
by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the
date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an Arbitral
Tribunal.

4.

If within the periods specified in paragraph 3 above the necessary appointments have not been made, either Contracting Party shall,
in the absence of any other arrangement, invite the President of the International Court of justice to make the necessary appointments.
If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the
Vice-President shall be invited to make the necessary appointments. If the Vice ￿CPresident is a national of either Contracting Party
or if he, too, is prevented from discharging the said function, the member of the Court next in seniority who is not a national of
either Contracting Party or is not otherwise prevented from discharging the said functions, shall be invited to make the necessary
appointments.

5.

The Arbitral Tribunal shall determine its own procedure. The Arbitral Tribunal shall reach its award in accordance with the provisions
of this Agreement and the principles of international law recognized by both Contracting Parties.

6.

The Arbitral Tribunal shall reach its decision by a majority of votes, and this award shall be final and binding on both Contracting
Parties. The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its award.

7.

Each Contracting Party shall bear the cost of its own member of the Arbitral Tribunal and of its representation in the arbitral proceedings;
the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal
may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting parties.

Article 9

SETTLEMENT OF DISPUTES BETWEEN ONE CONTRACTING PARTY AND AN INVESTOR OF THE OTHER CONTRACTING PARTY

1.

For purposes of this Agreement, an “investment dispute” is a dispute between a Contracting Party and an investor of the other Contracting
Party, concerning an obligation of the former under this Agreement in relation to an investment of the latter.

2.

In the event of an investment dispute, the Parties to the investment dispute should initially seek an amicable resolution through
consultation and negotiation.

3.

If the dispute cannot be settled through negotiations within six months, either Party to the dispute shall be enpost_titled to submit the
dispute to the competent court of the Contracting Party accepting the investment.

4.

If the investment dispute cannot be settled amicably within six months from the date of written notification of a claim, the investor
that is a Party to an investment dispute may submit the investment dispute for resolution under one of the following alternatives:

(a)

.The International Centre for the Settlement of Investment Disputes (ICSID) having regard to the provisions, where applicable, of
the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, opened for signature at Washington
D.C on 18th March 1965; or

(b)

.An ad hoc arbitral tribunal to be appointed by a special agreement of the parties to the investment dispute;

Provided that the Contracting Party involved in the dispute may require the investor concerned to exhaust the domestic administrative
review procedures specified by the laws and regulations of that Contracting Party before submission of the dispute to the aforementioned
arbitration procedure,

However, if the investor concerned has resorted to the procedure specified in Paragraph 3 of this Article the provisions of this Paragraph
shall not apply.

5.

Without prejudice to Paragraph 4 of this Article, the ad hoc Tribunal referred to in paragraph 4 (b) shall be constituted for each
individual case in the following way: each party to the dispute shall appoint one arbitrator and these two shall select a national
of a third State which has diplomatic relations with both Contracting Parties as the Chairman. The first two Arbitrators shall be
appointed within two months and the Chairman within four months of the written notice requesting arbitration by either party to the
dispute to the other.

6.

If within the period specified in Paragraph 5 above, the Tribunal has not yet been constituted, either party to the dispute may invite
the Secretary General of the International Centre for the Settlement of Investment Disputes to make the necessary appointments.

7.

The ad hoc Tribunal shall determine its own procedure. However, the Tribunal may in the course of determination of procedure take
as guidance, the Arbitration Rules of the International Centre for the Settlement of Investment Disputes.

8.

The Tribunal referred to in Paragraph 4 (a) and (b) above of this Article shall reach its award by a majority of votes. Such award
shall be final and binding upon both Parties to the dispute. Both Contracting Parties shall commit themselves to the enforcement
of the award.

9.

The tribunal referred to in Paragraphs 4 (a), (b) of this Article shall adjudicate in accordance with the law of the Contracting Party
to the dispute including its rules on the conflict of laws, the provisions of this agreement as well as the applicable principles
of international law.

10.

Each Party to the dispute shall bear the costs of its appointed Arbitrator and of its representation in arbitral proceedings. The
relevant costs of the Chairman and the Tribunal shall be borne in equal parts by the parties to the dispute. The tribunal may in
its award direct that a higher proportion of the costs be borne by one of the Parties to the dispute.

Article 10

OTHER OBLIGATIONS

1.

If the law of either Contracting Party or obligations under international law existing at present or established hereafter between
the Contracting Parties in addition to the present Agreement contain rules, whether general or specific, entitling investments by
investors of the other Contracting Party to treatment more favourable than is provided for by the present Agreement, such rules shall,
to the extent that they are more favourable, prevail over the present Agreement.

2.

Each Contracting Party shall observe any commitments it may have entered into with the investors of the other Contracting Party as
regards their investments.

3.

Each investor shall observe the municipal and domestic laws, including criminal, immigration and taxation laws and other domestic
legislation of the Contracting Party receiving the investment.

Article 11

APPLICATION

This Agreement shall apply to all investments, which are made prior to or after its entry into force by investors of either Contracting
Party in accordance with the laws and regulations of the other Contracting Party in the territory of the latter but the provisions
of this Agreement shall not apply to any dispute, claim or difference which arose before its entry into force.

Article 12

RELATIONS BETWEEN CONTRACTING PARTIES

The provisions of the present Agreement shall apply irrespective of the existence of diplomatic or consular relations between the
Contracting Parties.

Article 13

CONSULTATIONS

1.

The representatives of the Contracting Parties shall hold meetings from time to time for the purpose of:

(a)

reviewing the implementation of and proposals for amendment of this Agreement;

(b)

exchanging legal information and investment opportunities;

(c)

forwarding proposals on promotion of investments;

(d)

studying other issues in connection with investments.

2.

Where either Contracting Party requests consultation on any matter of Paragraph 1 of this Article, the other Contracting Party shall
give a prompt response and the consultation shall be held alternatively in Beijing and in Georgetown.

Article 14

ENTRY INTO FORCE, DURATION AND TERMINATION

1.

Each Contracting Party shall notify the other in writing of the completion of the domestic legal procedures required in its territory
for the entry into force of this Agreement. This Agreement shall enter into force on the date of the latter of the two notifications.

2.

This Agreement shall remain in force for a period of ten years. Thereafter it shall continue in force until the expiration of twelve
months from the date, on which either Contracting Party shall have given written notice of termination to the other Contracting Party.

3.

With respect to investments made whilst the Agreement is in force, its provisions shall continue in effect with respect to such investments
for a period of ten years after the date of termination.

Article 15

AMENDMENT

Any provision of this Agreement may be amended by mutual agreement between the Contracting Parties. An Exchange of Diplomatic notes
shall confirm any such amendment.

In Witness Whereof, the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.

Done in duplicate at Beijing on the 27th day of March in the year 2003 in the Chinese and English languages, both texts being equally
authoritative.

For the Government of the￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿For the Government of the

People’s Republic of China￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ Republic of Guyana

 
The Government of the People’s Republic of China
2003-03-27

 




CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...