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INTERIM MEASURES FOR ADMINISTRATION OF ASSOCIATIONS OF ENTERPRISES FUNDED BY TAIWAN COMPATRIOTS

Taiwan Affairs Office of the State Council, The Ministry of Civil Affairs

Notice of Taiwan Affairs Office of the State Council and the Ministry of Civil Affairs Concerning Printing and Issuing Interim Measures
for Administration of Associations of Enterprises Funded by Taiwan Compatriots

Taiwan affairs office and the ministry of civil affairs of every province, autonomous region and municipality directly under the Central
Government, Taiwan affairs office and the ministry of civil affairs of every city specifically designated in the state plan:

Interim Measures for Administration of Associations of Enterprises Funded by Taiwan Compatriots are hereby printing and issuing, please
carry out.

Taiwan Affairs Office of the State Council

The Ministry of Civil Affairs

March 20,2003

Interim Measures for Administration of Associations of Enterprises Funded by Taiwan Compatriots

Article 1

These measures are formulated for the purpose of guaranteeing the legal rights and interests of the Associations of Enterprises Funded
by Taiwan Compatriots (hereinafter referred as to AETCs), accelerating economic communications and cooperation between the Mainland
and Taiwan and normalizing the administration, according to the Law of the People’s Republic of China on Protection of the Investments
of Taiwan Compatriots as well as the Administrative Regulations of Associations Registration.

Article 2

AETCs refer to the associations legally established voluntarily which principal members are the enterprises funded by Taiwan compatriots
(hereinafter referred as to ETC) and registered in the Mainland China.

Article 3

AETCs shall abide by the State’s constitutions, laws and regulations and shall not endanger reunification of the country, security
of the State and solidarity of the nations, and shall not impair the State’s interests, public interests or citizen legal rights
and interests.

Article 4

The State protects the legal rights and interests of AETCs and their members as well as legal activities according to their corporate
charters.

Article 5

AETCs take a purpose of serving their members and accelerating the communications and cooperation between the Mainland and Taiwan.
Their key operations include:

(1)

Developing association and communication activities;

(2)

Providing the members with consulting services on State’ laws and regulations and economic information;

(3)

Communicating between the members and local governments and relevant administrative organs, reporting opinions, suggestions and demands
on production and operation from the members, and maintaining the legal rights and interests of the members.

(4)

Accelerating the economic communications and cooperation between the local economies and Taiwan Region.

(5)

Hosting social and commonweal activities;

(6)

Helping the members to solve the problems met in the work and life.

Article 6

The Taiwan Affairs Office of the State Council and relevant Taiwan affairs offices of local peoples’ governments are the supervising
organs for the operations of AETCs. The relevant Taiwan affairs offices of local peoples’ governments and civil affairs administrations
are responsible for directing the operations of AETCs and administrating their registration affairs.

Article 7

The members of AETCs are divided into entity ones (as the principal body) and individual ones.

An entity member is an ETC joining the AETC in the name of its business name, which is registered locally.

An individual member is a Taiwan compatriot joining the local AETC in the name of himself, which business is registered locally, as
well as a person who provides services to the AETC in a proper name.

Article 8

The following requirements shall be met with for establishing an AETC:

(1)

In a region where there mass ETCs;

(2)

Over 50 founder members including no less than 30 entity members;

(3)

A fixed operation site;

(4)

Full-time staff suitable for developing operation activities;

(5)

Legal fund sources.

(6)

Other requirements stipulated in the laws, regulations, and rules.

Article 9

Any establishment of an AETC shall be examined and approved by the competent administration registered according to relative regulations
and reported to and recorded by the Taiwan Affairs Office of the State Council.

Article 10

Local Taiwan affairs offices shall fulfill their responsibilities as competent administrations and provide services and assistances
to AETCs.

(1)

Directing the activities performed by AETCs’ according to laws;

(2)

Assisting AETCs in communicating with local governments and relevant administrations;

(3)

Assisting AETCs in organizing activities related to major economic exchanging and major conferences.

(4)

Assisting AETCs in organizing trainings on laws and economic operations;

(5)

Providing assistance to the commonweal activities hosted by AETCs;

(6)

Providing assistance in solving problems met by AETCs in their operations and difficulties met by their members in their production
and life; and

(7)

Providing other necessary assistances.

Article 11

The chairman of an AETC shall be assumed by a Taiwan businessman. Any chairman and vice-chairman shall meet with following requirements:

(1)

Abiding by the principle of one China, upholding the reunification of the country, and actively and willingly striving for accelerating
the economic communications and cooperation;

(2)

A Taiwan businessman with competitive capability in economy and his business shall have a certain large scale.

(3)

A Taiwan businessman with good personal quality, who enjoys a prestige among local Taiwan businessmen.

(4)

Enthusiastic about the work of the association, with strong working capability.

(5)

Good in health, capable of routine job.

(6)

Not a legal representative of any other association; and

(7)

With full capacity for civil conduct.

Article 12

In order for AETC to communicate with the administration of government easily and provide better services for the members, the responsible
person of the Taiwan affairs office of the local people’s government may accept the invitation from the AETC to hold a proper post
in the AETC. The person to be engaged for a post in the AETC shall be selected according to the procedures of the constitutions of
the AETC and shall not take any pay from the AETC?￿￿>

Article 13

The employment of common staff by an AETC shall be accordance with relevant regulations of the State.

Article 14

For receptions of visits of key visiting groups or persons from Taiwan, the AETC shall report to the local competent administration
beforehand for record.

Major activities to be hosted by an AETC including establishment, expiration of office terms and celebration shall be reported to
the competent administration for approval.

Any Tran regional activities to be hosted by an AETC shall be reported to the competent administration for reporting to its upper
level administration for approval.

Article 15

No AETC shall join a foreign chamber of commerce or an overseas association.

An AETC shall operate according to its constitution independently without any subjection relationship with any other organization,
and shall not accept any consign from any other organization or individual to pursue any activity incompliant with its constitution.

Article 16

Any receipt of member fees, donations or financial assistances shall be accordance with the tenet and business scope specified in
its constitution. The receipt and use of such member fees, donations or financial assistances shall be reported to the competent
administration and registration administration authority and shall be publicized in a proper way.

Article 17

The competent administration and registration administration authority shall grant commends to the AETCs with excellent performances
during their legal operations.

Article 18

For an AETC established prior to the enforcement of these Measures, any incompliance with these Measure shall be corrected within
six months since the enforcement of these Measures according to relative regulations in these Measures.

Article 19

Any circumstance that have not mentioned in these Measures shall be dealt with according to the Administrative Regulations of Associations
Registration as well as relevant regulations of the State.

Article 20

The Taiwan Affairs Office of the State Council is responsible for the interpretation of these Measures.

Article 21

These Measures shall enter into force as of April 20, 2003.



 
Taiwan Affairs Office of the State Council, The Ministry of Civil Affairs
2003-03-20

 







PROVISIONS FOR IDENTIFICATION AND PROTECTION OF WELL-KNOWN TRADEMARKS

The State Administration for Industry and Commerce

Decree of the State Administration for Industry and Commerce of the People’s Republic of China

No.5

The Provisions for Identification and Protection of Well-Known Trademarks, adopted at executive meeting of the State Administration
for Industry and Commerce, is hereby promulgated, and shall enter into force as of June 1, 2003.

General Director of the State Administration for Industry and Commerce Wang Zhongfu

April 17, 2003

Provisions for Identification and Protection of Well-known Trademarks

Article 1

The present Provisions are formulated in accordance with the Trademark Law of the People’s Republic of China (hereinafter referred
to as the Trademark Law) and the Rules on Implementing the Trademark Law of the People’s Republic of China (hereinafter referred
to as the Implementing Rules).

Article 2

The “well-known trademark” herein refers to a trademark widely known by the relevant public and highly reputable in China.

The “relevant public” includes the consumers related to certain kind of commodities or services indicated by a trademark, manufacturers
of the said commodities or other operators who provide relevant services, and the sellers and other people involved in the market.

Article 3

The following materials may be used as the certification materials of a well-known trademark:

1.

relevant materials that can evidence the extent that the relevant public know the trademark;

2.

relevant materials that can evidence the lasting time of the trademark, including the materials involving the history and scope of
the use and registration of the trademark;

3.

relevant materials that can evidence the lasting time, extent and geographic scope of any publicity work, including ways of adverting
and promotion, geographic scope, type of publicity media and the quantity of the launched advertisements;

4.

Relevant materials that can indicate that this trademark has been protected as a famous one, including the pertinent materials that
the trademark has been protected as a well-known trademark in China, or in other country or region;

5.

Other evidential materials that can indicate the trademark is famous, including the materials regarding the recent 3 years of output,
sales volume, profit payments and tax turnover and sales territory of the principal commodities using this trademark.

Article 4

Where a trademark, which has been given preliminary examination and approval and publicly announced, is thought to be in violation
of Article 13 of the Trademark Law, the party involved may raise an objection to the trademark office in accordance with the relevant
provisions of the Trademark Law and the Implementing Rules and shall submit relevant materials that can prove the trademark as famous.

Where a registered trademark is thought to be in violation of Article 13 , the party involved may file an application to the Trademark
Review and Adjudication Board, pleading it to make a ruling to revoke the registered trademark, and shall submit relevant materials
that can prove the trademark as famous.

Article 5

In the management of trademarks, where a trademark used by others is thought to be in violation of Article 13 and it is requested
to protect this famous trademark, the party involved may file an written application to the administrative department at the city
(prefecture, region) level of the place where case has occurred, pleading it to ban such use, and shall submit relevant materials
that can prove the trademark as famous. At the same time, it shall report to the administrative department at the provincial level
where it is located.

Article 6

Having received an application for the protection of a famous trademark in the administration of marks, the administrative department
for industry and commerce shall examine whether the case falls within the following circumstances as provided in Article 13 of the
Trademark Law:

1.

Where a well-known trademark that hasn’t been registered in China is used on identical or similar commodities of others without permission,
and it is likely to cause confusion;

2.

Where an trademark identical or similar to a well-known trademark that has been registered in China is used on the different or dissimilar
commodities without permission, and it is likely to mislead the public and to cause damages to the interests of the registrant of
the well-know trademark.

In any of the above-mentioned circumstances, the administrative department at the city (prefecture, region) level shall submit the
complete set of materials of this case to the administrative department of this province (autonomous region, municipality directly
under the Central Government) within 15 days as of the acceptance of the application, and shall issue a case acceptance notice to
the parties involved. Within 15 days as of the acceptance of the application, the administrative department of this province (autonomous
region, municipality directly under the Central Government) shall submit the complete set of materials of this case to the trademark
office.

A case not falling within the above-mentioned circumstances shall be timely resolved in accordance with the Trademark Law and the
Implementing Rules.

Article 7

The administrative department of the province (autonomous region, municipality directly under the Central Government) shall examine
the materials involving well-known trademark protection submitted by the administrative departments at the city (prefecture, region)
level within its jurisdiction.

For a case falling within the circumstance as listed in the first paragraph of Article 6 of the present Provisions, the materials
of the case submitted by the administrative department for industry and commerce at the city (prefecture, region) level shall be
submitted to the trademark office within 15 days as of the acceptance of these materials.

For a case not falling within the circumstance as listed in the first paragraph of Article 6 of the present Provisions, the relevant
materials shall be returned to the original acceptance organ, and the case shall be timely resolved in accordance with the Trademark
Law and the Implementing Rules.

Article 8

The trademark office shall make a decision about the relevant materials of a case, shall inform the administrative department of the
province (autonomous region, municipality directly under the Central Government) where this case occurred of the decision, and send
a copy of the decision to the administrative department of the province (autonomous region, municipality directly under the Central
Government) where the involving parties are located.

Except for the materials for proving the trademark famous, the trademark office shall return the other materials to the administrative
department of the province (autonomous region, municipality directly under the Central Government) where the case occurred.

Article 9

For a trademark that has not been identified as famous, the applicant shall not file another application for the same trademark on
the basis of the same facts and reasons within one year as of the decision is made.

Article 10

When determining whether a trademark is famous or not, the trademark office and the Trademark Review and Adjudication Board shall
take account of all the factors listed by Article 14 of the Trademark Law, but it shall not set a precondition – to require the
trademark to satisfy all the factors – for the trademark

Article 11

When protecting a well-known trademark, the trademark office, Trademark Review and Adjudication Board and local administrative department
of industry and commerce shall take the distinction and level of fame of the trademark into consideration.

Article 12

Where an applicant requests to protect its trademark in accordance with Article 13 of the Trademark law, it may offer records that
this trademark has ever been protected as a famous one by the administrative organ of our country.

If the protection scope of the case upon acceptance is almost the same as that of the case in which the trademark has already been
protected as a famous trademark, and both parties to the case raise no objection to the point that the trademark is famous, or the
opposing party raise an objection, but fails it to offer evidential materials to prove that this trademark is not famous, the administrative
department of industry and commerce that accepts this case shall make a ruling on or solve the case on the basis of the conclusion
of the protected records.

If the protection scope of the case upon acceptance differs from that of the case in which the trademark has already been protected
as a famous trademark, the opposing party raises an objection to the point that the trademark is famous and offers evidential materials
to prove that this trademark is not famous, therefore the materials related to the famous trademark shall be re-examined and identified
by the trademark office and the Trademark Review and Adjudication Board.

Article 13

If a party concerned holds that its famous trademark which has been registered as an enterprise name by others may cheat or mislead
the public, it may apply to the administrative organ of enterprise name registration for canceling the registration of this enterprise
name. The administrative organ of enterprise name registration shall deal with such a case in accordance with the Administrative
Provisions of Enterprise Name Registration.

Article 14

The administrative departments of industry and commerce of all levels shall strengthen the protection of famous trademarks, and shall
transfer the suspected cases of crimes of counterfeit trademark to the relevant departments in time.

Article 15

The administrative department of industry and commerce of the province (autonomous region, municipality directly under the Central
Government) where the organ which made the decision is located shall send a copy of the decision made to protect the famous trademark.

Article 16

The administrative departments of industry and commerce of all levels shall establish relevant supervision system, create relevant
supervision and control measures, and strengthen the supervision and inspection of the whole process of the identification of a famous
trademark.

If the pertinent functionaries engaged in the identification of famous trademarks neglect their duties, abuse their powers, seek private
interests, seek improper profits, violate the law in the identification of famous trademarks, they shall be given an administrative
punishment in accordance with the law; and those who constitute crimes shall be subject to the criminal responsibilities in accordance
with the law.

Article 17

The Provisions shall enter into force as of June 1, 2003. At the same time, the Interim Provisions for Identification and Protection
of Well-known Trademarks promulgated by the State Administration for Industry and Commerce on August 14, 1996 shall be concurrently
repealed.



 
The State Administration for Industry and Commerce
2003-04-17

 







ADJUSTMENT OF RUSH FAMILY AND ITS PRODUCTS UNDER THE CATALOGUE OF COMMODITIES UNDER EXPORT LICENSING ADMINISTRATION OF 2003






The Ministry of Commerce, the State Administration of Customs

Adjustment of Rush Family and Its Products Under the Catalogue of Commodities under Export Licensing Administration of 2003

[2003] No. 23

June 5, 2003

Here is to adjust the rush family and its products under the Catalogue of Commodities under Export Licensing Administration of 2003
promulgated by the former MOFTEC and the State Administration of Customs by No. 59 Public Announcement of 2002, and the adjusted
catalogue shall be implemented as of July 1, 2003.

Enterprises may handle with the formalities for replacement of the certificate by presenting the valid licenses issued. Attachment:Form of Adjustment of Rush Family and Its Products Under the Catalogue of Commodities under Export Licensing Administration of 2003htm/e03152.htmBefore adjustment

￿￿

Before adjustment

After adjustment

Name of general commodity category

Commodity code

Commodity name

Name of general commodity category

Commodity code

Commodity name

Rush family and its products

14019030

Rush family cleaned, bleached or dyed

Fragrant thoroughwort and its products

14019030.10

Fragrant thoroughwort cleaned, bleached or dyed

46012021.10

Other mats made of rush family materials

46012021.11

Jacquard mat, double-sided mats and pads made of fragrant thoroughwort (with unit area above one square meter whether
edged or not)

46012021.20

Jacquard mats, double-sided mats and pads made of rush family materials

46012021.12

Other mats of fragrant thoroughwort (with unit area above one square meter whether edged or not)

94042100.10

Faced pads of rush family materials (with unit area above one square meter￿￿

94042100.10

Faced mats of fragrant thoroughwort (with unit area above one square meter whether edged or not)

￿￿




MEASURES FOR ADMINISTRATIVE PUNISHMENT OF COAL MINES SECURITY SUPERVISION

The State Supervision Bureau of Security Production, the State Bureau of Security Supervision of Coal Mines

Decree of the State Supervision Bureau of Security Production and the State Bureau of Security Supervision of Coal Mines

No. 4

The Measures for Administrative Punishment of Coal Mines Security Supervision have passed the review at the directorate meeting of
the State Supervision Bureau of Security Production (the State Bureau of Security Supervision of Coal Mines), which are hereby promulgated
and will come into force as of August 15, 2003.

The State Supervision Bureau of Security Production

The State Bureau of Security Supervision of Coal Mines

July 2, 2003

Measures for Administrative Punishment of Coal Mines Security Supervision

Article 1

In order to punish the violation of coal mine security, to standardize the administrative punishment of coal mine security supervision
and to safeguard the production of coal mines by force of law, the Measures are hereby formulated in accordance with the provisions
of the Regulations on Coal Mine Security Supervision, other relevant laws and administrative regulations.

Article 2

The State Bureau of Coal Mine Security Supervision, provisional bureaus of coal mine security supervision and offices of coal mine
security supervision (hereinafter referred to as the supervisions institution of coal mine security) shall apply the Measures for
implementing administrative punishment with the coal mines and their personnel in violation of the security production laws, administrative
laws and regulations, departmental regulations, state standards, industrial standards and procedures (hereinafter referred to as
the behaviors in violation of the coal mine security law). Any matters not specified in the Measures shall adopt the measures for
administrative punishment for violation of the security production, provided that the relevant laws and administrative regulations
shall apply if otherwise stipulated.

Article 3

The provisional bureaus of coal mine security supervision and offices of coal mine security supervision shall adopt the territorial
principle in implementing administrative punishment.

In case the State Bureau of Coal Mine Security Supervision holds it shall implement the administrative punishment, the State Bureau
of Coal Mine Security Supervision shall have the jurisdiction.

In case of dispute over the jurisdiction of the administrative punishment between no less than two institutions of coal mine security
supervision, the common superior institution of coal mine security supervision may designate one of them for the jurisdiction.

Article 4

The parties concerned are enpost_titled to make statement or petition and defenses against the administrative punishment determined by
the supervision institution of coal mine security, and if objecting to the administrative punishment, the parties concerned are enpost_titled
to apply for administrative reconsideration or bring forth administrative proceedings.

If damaged due to determination of administrative punishment by the supervision institution of coal mine security in violation of
law, the parties concerned are enpost_titled to claims for compensations.

Article 5

When performing public functions, the supervisors of coal mine security shall present the certificate of coal mine security supervision.

Article 6

In case of violation of the coal mine security found during examination, the supervision institution of coal mine security and its
supervisors may offer the following on-site treatment:

(I)

On-site correction or requiring for correction within time schedule;

(II)

Order to meet the requirements in time schedule specified;

(III)

Order to stop operations (construction0 or immediate stop of use;

In case of refusal to correction upon on-site determination or in case of violation of coal mine security requiring for administrative
punishment by force of law, determination should be made on administrative punishment buy force of law.

Article 7

In case the designing of security facilities of the coal mine construction project fails to pass the examination and approval by the
supervision institution of coal mine security, punishment should be accorded as follows:

(I)

In case of ordering stop of the coal mine, fines no more than RMB50,000 may apply concurrently;

(II)

In case of ordering stop of the undertaking enterprises of coal mine, fines no more than RMB50,000 may apply concurrently.

Article 8

In case the security facilities of coal mine construction project fails to go through acceptance examination or fails to pass the
acceptance examination but is put into production, orders will be made for stop of production and for correction, and fines no more
than RMB50,000 may apply concurrently.

Article 9

In case the security conditions of the coal mine construction project fails to go through acceptance examination or fails to pass
the acceptance examination but is put into production, orders will be made for stop of production, and fines of RMB50,000 through
RMB100,000 may apply concurrently.

Article 10

In case the ventilation, fire-proof, water-proof, gas-proof, poison-proof and dust-proof security facilities of the wells of the coal
mine fail to meet the statutory requirements, orders will be made for corrections within time schedule specified, and in case of
failure to reach the requirements upon expiry of such time schedule, orders will be made for stop of production and for correction.

Article 11

In case the ventilation, fire-proof, water-proof, gas-proof, poison-proof and dust-proof security production conditions of the wells
of the coal mine fail to meet the statutory requirements, orders will be made for stop of production and for rectification, and in
case the statutory conditions for security production may still not be met after stop of production and rectification, the coal mine
shall be closed.

Article 12

In any of the following cases relating to the operation sites of the coal mine, orders will be made for correction within a specific
time schedule and in case no correction has been made upon expiry of such time schedule, orders shall be made for stop of production
and for rectification, together with concurrent fines no more than RMB30,000.

(I)

no use of special explosive-resistance electric equipment;

(II)

no use of special explosion devices;

(III)

no use of person-specific lifting containers;

(IV)

lighting by open fire or open electricity.

Article 13

In case the coal mine fails to collect or use the special fund for the security technological measures of coal mines, orders will
be made for corrections within a specific time schedule; in case no corrections have been made upon the expiry of the time schedule,
concurrently with fines no more than RMB50,000. In serious cases, orders shall be made for stop of production and for rectification.

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

Production security incidents due to failure of collection or use of the special fund for the security technological measures of coal
mines; and

(III)

Other acts of serious circumstances.

Article 14

In case the coal mine uses the equipment, apparatus, instruments, meters or preventive articles that do not meet the state security
or industrial security standards, orders shall be made for corrections in specific time schedule or stop of use; and in case of failure
of corrections or immediate stop of use upon expiry of the time schedule, fines make be made no more than RMB50,000; and in serious
cases, orders shall be made for stop of production and rectifications.

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

Production security incidents due to use of the equipment, apparatus, instruments, meters or preventive articles that do not meet
the state security or industrial security standards; and

(III)

Other acts of serious circumstances.

Article 15

In case the mechanic-electric equipment and security instruments of the coal mine enterprise have not be operated, examined or maintained
according to the following provisions with archives set up, orders shall be made for corrections, and fines no more than RMB20,000
may be accorded concurrently:

(I)

Irregular examination and maintenance of the mechanic-electric equipment and security and testing instruments without technological
archives established;

(II)

Operation of the equipment by those people other that the responsible persons;

(III)

Electrical operations by people other than those on duty;

(IV)

The persons operating the electrical equipment have not adopted reliable insulation protection and detecting electrical devices when
operating with power load.

Article 16

In case the excavation operation under the coal mine does not adopt propping management according to the provisions on operation procedures;
there is no reinforced propping and supporting when going through the breaking geological layer or other broken propping belts; in
case of open culling and peeling operations where no control has been adopted on the by-stage height, width, slope angle or ultimate
edge slope angle on the surface of the culling and peeling operation in compliance with the designed provisions; or in case of culling
and peeling operations and soil discharge operations that damages the deep or neighboring well tunnels, orders will be made for corrections,
and fines no more than RMB20,000 may apply concurrently.

Article 17

In case the coal mine fail to execute the gas examination system strictly, and the operation workers under the well bring tobacco
and ignition utilities, orders will be made for correction, and fines no more than RMB20,000 may apply concurrently

Article 18

In case the cola mines go on digging operations in case of gas emergence and impulsion underground pressure; digging and exploration
are undertaken under the buildings, railways or underwater without protection; digging and exploration are done in the areas of abnormal
ground temperature or with gushing of hot water, when special designing documents have not been prepared or submitted for approval
by the competent department, orders shall be made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 19

In case the density of gas, powder dust or other poisonous and harmful gas in the operation areas of the coal mine exceeds the state
security standards or industrial security standards, orders shall be made for stop of production; and incase of refusal to stop operations,
orders shall be made for stop of production and corrections, and fines no more than RMB100,000 may apply concurrently.

Article 20

In case no effective measures have been adopted for prevention of nature fire in the mine with possibility of fire, orders shall be
made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 21

In case the coal mine goes on with digging and exploration operations in the areas with dangers of contingent water incidents without
adopting the drainage measures, orders shall be made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 22

In case the wind volume, wind quality, speed or operation climate in the coal mine do mot meet the provisions of the security procedures
of the coal mine, orders shall be made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 23

In case the coal mine has not adopted comprehensive measures for prevention of dust in the operation site of powder dust, orders shall
be made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 24

In case of willful exploration of the safeguarding coal pillars, or undertakings of exploration operations by dangerous means that
may endanger the production securities of the neighboring coal mine, such as running of water, explosion and opening of the tunnels,
orders shall be made for stop of operations; and in case of refusal to stop operations thereof, the supervision institution of coal
mine security may decide to repeal the licensee for coal production and move the case to the competent geological and mineral departments
for repeal of the license of mineral exploration by force of law.

Article 25

In any of the following cases relating to the coal mine, warnings may be made and fines no more than RMB20,000 may apply concurrently.
In serious cases, orders shall be made for stop of production and rectification:

(I)

The relevant personnel refuse and block the on-site examination by the supervision institution of coal mine security and the relevant
supervisors;

(II)

Provision of false statements;

(III)

Concealing of the existing hidden risks of incidents and other security problems.

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

Production security incidents due to concealing of the existing hidden risks of incidents and other security problems; and

(III)

Other acts of serious circumstances.

Article 26

In case of incidents with the coal mine in any of the following circumstances, warning will be given, and fines of RMB30,000 through
150,000 may apply concurrently. In serious cases, orders shall be made for stop of production and rectifications:

(I)

Failure of timely and faithful report of the incidents in compliance with the provisions;

(II)

Forgery and intentional destruction of the site of the incidents;

(III)

Blocking and interfering with the investigation on the incidents, refusal to accept the investigation and collection of evidence,
or to provide the relevant circumstances or materials.

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

Occurrence of materials incidents of injuries or death;

(III)

Small number of death but with serious damages or destructions;

(IV)

Severe nature with big social influences; and

(V)

Other acts of serious circumstances.

Article 27

In case the administrative punishment is required in case of failure to meet the statutory production security conditions after stop
of production and rectifications, the supervision institution of coal mine security shall submit the case for determination by the
people’s government above county level according to the authority specified by the State Council.

Article 28

The supervision institution of coal mine security and its supervisors shall implement the administrative punishment in accordance
with the procedures specified by the Measures for Administrative Punishment for Violation of Security Production and adopt the uniform
enforcement documents for coal mine security supervision.

Article 29

The department in charge of the coal mine security supervision designated by the people’s government of the provinces and autonomous
regions that have not set up the provincial bureaus of coal mine security supervision shall implement the administrative punishment
for the acts in violation of the coal mine security in the corresponding administrative divisions according to the Measures.

Article 30

The Measure shall come into force on August 15, 2003, when the Interim Measures for Administrative Punishment of Coal Mine Security
Supervision will be repealed.

 
The State Supervision Bureau of Security Production, the State Bureau of Security Supervision of Coal Mines
2003-07-02

 




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

 




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...