Facebook
Home Russia Laws Page 19

Russia Laws

CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGES ON THE MANAGEMENT OF COLLECTION AND SALES OF NON-TRADE FOREIGN EXCHANGES OF TRANSNATIONAL COMPANIES (TRIAL IMPLEMENTATION)

20040801

The State Administration of Foreign Exchanges

Circular of the State Administration of Foreign Exchanges on the Management of Collection and Sales of Non-trade Foreign Exchanges
of Transnational Companies (Trial Implementation)

HuiFa [2003] No.87

July 30, 2003

Bureaus and departments of state administration of foreign exchanges of the provinces, autonomous regions and municipalities directly
under the Central Government, branches of the Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo, as well as designated banks of foreign
exchanges:

In order to perfect the management of the collection and sales of non-trade foreign exchanges, improve the operation environment of
enterprises and promote the development of foreign-related economy, the SAFE has through broad survey and thorough investigation
formulated the policies for the management of collection and payment of foreign exchanges for the transnational companies and their
domestic affiliated companies relating to overseas payment of the non-trade expenses that have been paid by overseas headquarters
or overseas affiliated companies in advance or duly distributed, and decided to try for adoption in Beijing, Shanghai and Shenzhen.
The SAFE will timely summarize the experiences and clarify the relevant policies around the country. Here is to notify you of the
following issues concerned:

I.

The transnational companies herein refer to the foreign-invested transnational companies that have established foreign-invested enterprises
of investment in the territory of China with approval by the foreign economic and trade administration, and the Chinese-invested
group companies eligible for foreign-related operations with approval by the relevant competent administration.

II.

The domestic affiliated companies of transnational companies herein include: branches set up by foreign-invested transnational companies
and the foreign-invested enterprises with share participation and share holding by foreign-invested transnational companies; branches
and foreign-invested enterprises with share participation and share holding set up by their overseas headquarters or overseas affiliated
companies in China that are entrusted for their management; and branches and enterprises with share participation and share holding
set up in China by Chinese-invested group companies, which are enpost_titled to foreign-related operations.

III.

The overseas affiliated companies of transnational companies herein include: branches and the foreign-invested enterprises with share
participation and share holding set up by the overseas headquarters of the foreign-invested transnational companies in nations and
regions (including Hong Kong, Macao and Taiwan) other than China; branches and foreign-invested enterprises with share participation
and share holding set up by in the nations and regions other than China by Chinese-invested group companies.

IV.

In case transnational companies and their domestic affiliated companies pay overseas the salaries, benefits and allowance for foreign
and Hong Kong and Macao employees or employees of Chinese nationality but owing permanent overseas residential rights (hereinafter
referred to as foreign employees) that have been paid by overseas headquarters or overseas affiliated companies, or remit overseas
the salaries, benefits and allowance for foreign employees, the overseas payment notices, ID certification of foreign employees such
as passports, and employment certification such as labor contracts, and tax certification and other evidential materials may be held
for payment from the foreign exchange accounts or purchase of foreign exchanges with Renminbi at the designated banks of foreign
exchanges.

V.

In case transnational companies and their domestic affiliated companies pay overseas the insurance premiums of social, medical and
pension insurance for foreign employees that have been paid by overseas headquarters or overseas affiliated companies in advance,
or remit such premiums directly, the overseas payment notices, ID certification of foreign employees such as passports, and employment
certification such as labor contracts, and tax certification and other evidential materials may be held for payment from the foreign
exchange accounts or purchase of foreign exchanges with Renminbi at the designated banks of foreign exchanges.

VI.

In case the transnational companies and their domestic affiliated companies pay overseas the overseas travel expenses and overseas
training fees for foreign employees that have been paid by overseas headquarters or overseas affiliated companies in advance, or
remit such premiums directly, the overseas payment notices, ID certification of foreign employees such as passports, and employment
certification such as labor contracts, and tax certification and other evidential materials may be held for payment from the foreign
exchange accounts or purchase of foreign exchanges with Renminbi at the designated banks of foreign exchanges.

VII.

In case the transnational companies and their domestic affiliated companies pay overseas the distributed overseas patent use fees,
franchising fees, fees for technological introduction, the agreement on expense distribution, overseas payment notices, valid registration
certification and taxation certification and the relevant materials verified and issued by the intellectual property administration
or the foreign economic and trade administration may be held for payment from the foreign exchange accounts or purchase of foreign
exchanges with Renminbi at the designated banks of foreign exchanges.

VIII.

In case the transnational companies and their domestic affiliated companies pay overseas the distributed overhead, the agreement on
expense distribution, overseas payment notices and taxation certification and the relevant materials may be held for payment from
the foreign exchange accounts or purchase of foreign exchanges with Renminbi at the designated banks of foreign exchanges.

IX.

In case the transnational companies and their domestic affiliated companies pay overseas other overseas expenses that have been distributed
or paid by overseas headquarters or overseas affiliated companies in advance, the overseas payment notices, the original documents
of the relevant expenses and other relevant evidential materials, as well as tax certification if required for payment of tax, may
be held for payment from the foreign exchange accounts or purchase of foreign exchanges with Renminbi at the designated banks of
foreign exchanges.

X.

Transnational companies and their affiliated companies may download the relevant contracts, agreements and payment notices via Internet,
and cover with the corporate stamps, which may be used for handling with the formalities for purchase and payment of non-trade foreign
exchanges.

XI.

Single foreign-invested enterprises or Chinese-invested enterprises that have observed the provisions on foreign exchange management
for the recent three years without any material acts in violation of foreign exchange management, with good financial position, with
big volume of foreign exchange payment under current accounts, and with important local influences may also handle with the sales
and payment of non-trade foreign exchanges according to the provisions of the Circular with approval by the local competent foreign
exchange administration.

XII.

Beijing Department of Foreign Exchanges, and Shanghai and Shenzhen bureaus shall distribute the list of the eligible transnational
companies and local domestic affiliated companies, as well as the verified single foreign-invested enterprises or Chinese-invested
enterprises to the designated banks of foreign exchanges under their jurisdiction.

XIII.

The Circular shall come into force as of the date of its promulgation.

Upon receipt of the Circular, Beijing Department of Foreign Exchanges, and Shanghai and Shenzhen bureaus are requested to distribute
the Circular to the designated banks of foreign exchanges and the relevant units under their jurisdiction as soon as possible, and
the designated banks of foreign exchanges shall upon receipt distribute the Circular to their subordinate branches in Beijing, Shanghai
and Shenzhen. In case of any problems encountered during enforcement, please feedback in timely to the Management Department of Current
Accounts under the SAFE.

Contact with: Ma Chao

Tel: 010-68402114

Fax: 010-68402272



 
The State Administration of Foreign Exchanges
2003-07-30

 






CIRCULAR ON THE MANAGEMENT AND OPERATION OF FOREIGN EXCHANGE OF QFII OF COMPREHENSIVE DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN EXCHANGE

State Administration of Foreign Exchange

Circular on the Management and Operation of Foreign Exchange of QFII of Comprehensive Department of State Administration of Foreign
Exchange

Zong Hui Fa [2003] No.124

September 9, 2003

Industrial and Commercial Bank of China, Agricultural Bank of China, Bank of China, China Construction Bank, Bank of Communications,
China Merchants Bank, Shanghai Branch of National City Bank of New York, Shanghai Branch of the HSBC and Shanghai Banking Corporation
Limited, and Shanghai Branch of Standard Chartered Bank:

On November 28, 2002, the Interim Provisions on the Administration of Foreign Exchange in Domestic Securities Investments of Qualified
Foreign Institutional Investors was issued and put into effect by the State Administration of Foreign Exchange (hereinafter refer
to as the SAFE). And since then, the SAFE has received a lot of inquiries from some institutional investors who are concerned about
the administration of foreign exchange of the domestic securities investment by qualified foreign institutional investors (hereinafter
refer to as the QFII). We hereby give the following notice concerning the relevant issues for the convenience of the implementation
of the above provisions:

I.

The domestic trustee of the QFII (hereinafter refer to as the trustee) may open a special RMB account for each QFII based on the following
documents:

1.

The photocopy of the official reply of the SAFE on approving the amount of investment by the QFII;

2.

The official reply of the SAFE on approving the QFII to open the special RMB account;

3.

Other documents as required by the trustee.

II.

The trustee is not allowed to open a sub-account of the special RMB account for the QFII; But on the request of the QFII, the trustee
may establish a detailed ledger for the capital collection and payment of his special RMB account, which can be used to record the
specifics of the use of the money.

No other accounts except the special RMB account may be opened in the bank of the trustee for a QFII to carrying out its businesses.

III.

The deposit interest rates of the special RMB account shall comply with the standard of current deposit interest rates of unit announced
by the People’s Bank of China.

IV.

Each kind of expenses of the QFII occurring when the investment businesses are carried out in China, such as the trust fees, administrative
cost, auditing fees, and so on, shall be paid from the special RMB account; and the expenses of the QFII that occur outside China
are not permitted to be paid from the special RMB account.

V.

If the amount of investment of the QFII is between 50-100 million dollars (including 100 million dollars), the initial principals
to be paid shall be no less than 20%(including 20%) of the amount of investment; If the amount of investment is between 100-200 million
(including 200 million dollars), the initial principals to be paid shall be no less than 15% (including 15%) of the amount of investment;
If the amount of investment is between 200-400million dollars (including 400 million), the initial principals to be paid shall be
no less than 10% (including 10%) of the amount of investment; And if the amount of investment is between 400-800 million dollars
(including 800 million dollars), the initial principals to be paid shall be no less than 5% (including 5%) of the amount of investment.

VI.

In the case that the principals paid by the QFII are not more than 50 million dollars, after the settlement of the exchange, the inward
remittance of the principals (in the form of deposits) may only be left in the trustee’s care, and no securities investments are
permitted. If within the period of validity, the amount of investment paid by the QFII fails to reach 50 million dollars, the inward
remittance of principals shall be remitted by installment after the expiration of the closing period as prescribed in the Interim
Provisions on the Administration of Foreign Exchange in Domestic Securities Investments of Qualified Foreign Institutional Investors.

VII.

The QFII may remit the profits on a yearly basis, and the profits permitted to remit by the QFII are those that have been realized
and cumulated year by year.

VIII.

In the case that a QFII transfers its amount of investment, inward remittance of principals from abroad by the transferee may not
exceed the authorized amount of investment, and the payment of the relevant capitals must be done within China. After the transferred
capitals were received by the transferor, the capitals of the transferor shall be remitted outside China within 5 working days in
virtue of the documents of approval for the transfer issued by the State Administration of Foreign Exchange.

IX.

On each application a foreign fund management company may choose only one of the two types of funds, i.e. the close funds and the
open funds. In case that a foreign fund management company has applied in the type of close funds (open funds), which has been approved,
and if the company applies for the amount of investment in the type of open funds (close funds) for the second time, it shall be
regarded as a separate application, rather than an increase of the amount of investment. The fund management company is required
to apply for a second QFII foreign exchange registration certificate and a second special RMB account. It is required that the two
kinds of funds be accounted independently and be managed through separate accounts.

X.

In case that a QFII changes a trustee, the former trustee shall, while transferring all the relevant records to the new trustee, keep
one photocopy of all the relevant records on file for future reference, the term for keeping the records shall be 15 years.

XI.

The trustee shall submit the relevant QFII report forms to the State Administration of Foreign Exchange in time as prescribed. The
format of the QFII report forms to be submitted to the State Administration of Foreign Exchange (see Attachment) can be found on
the website of the State Administration of Foreign Exchange (www. safe.gov. cn).

The trustee shall send the QFII report forms through fax and email respectively to the SAFE.

Fax: (010) 68402349

Email Address: security@mail.safe.gov.cn

XII.

The QFII report forms submitted to SAFE by a trustee shall be prepared according to such accounting rules as the accrual basis.

XIII.

Any problems that the trustee may come upon during the handling of the QFII trusteeship business should be fed back to the Capital
Items Administration Department of the SAFE in time.For details,

Please contact: Zhou Yongkun

Tel: (010) 68402347

Annex:

1. Monthly Report Forms of the Qualified Foreign Institutional Investors on Domestic Securities Investments (I), (II) (Omitted)

2. Annual Financial Statements of the Qualified Foreign Institutional Investors on Domestic Securities Investments (I), (II) (Omitted)

3. List of the QFII Capital Remitted Inward and Outward (Omitted)



 
State Administration of Foreign Exchange
2003-09-09

 






MEASURES FOR MEDICAL WASTES MANAGEMENT OF MEDICAL AND HEALTH INSTITUTIONS

Ministry of Public Health

Order of the Ministry of Public Health of the People’s Republic of China

No.36

The Measures for Medical Wastes Management of Medical and Health Institutions, deliberated and adopted at the ministerial meeting
of the Ministry of Public Health on August 14, 2003, are hereby promulgated and shall be implemented as of the day of promulgation.

Wu Yi, the Minister of the Ministry of Public Health

October 15, 2003

Measures for Medical Wastes Management of Medical and Health Institutions

Chapter 1 General Provisions

Article 1

With a view to regulating the medical wastes management of medical and health institutions and to effectively preventing and controlling
medical wastes from endangering human health and the environment, the present Measures are hereby formulated in accordance with the
Regulation on Medical Wastes Management.

Article 2

The medical and health institutions at various levels and of various kinds shall manage medical wastes pursuant to the provisions
of the Regulation on Medical Wastes Management.

Article 3

The medical wastes management of medical and health institutions of the whole country shall be supervised by the Ministry of Public
Health.

The medical wastes management of medical and health institutions shall be supervised by the administrative departments of public health
of the local people’s governments at the county level and above within their respective jurisdictions.

Chapter 2 Medical Waste Management Duties of Medical and Health Institutions

Article 4

The medical and health institution shall establish and perfect the responsibility system of medical wastes management, with its legal
representative or major principal being the primary responsible person, seriously perform its duties and ensure the safe management
of medical wastes.

Article 5

The medical and health institution shall, pursuant to the relevant laws, administrative regulations, departmental rules and normative
documents, formulate and implement rules and systems for the management of medical wastes, the work flow and requirements, the duties
of the relevant personnel, and the emergent scheme for flowing, leakage, spreading and accidents of medical wastes within the institution.
The contents shall include:

1)

Methods of classified collection of medical wastes and the work requirements of the places generating medical wastes within the medical
and health institution;

2)

Work rules of the places generating medical wastes and the places of temporary storage of medical wastes within the medical and health
institution, and the work requirements for carrying the wastes from the generating places to the temporary storage places;

3)

Provisions on the relevant handover and registration in the carriage of medical wastes within the medical and health institution and
in delivering wastes to the disposal entities.

4)

Special operational procedures in the management of medical wastes and emergent measures for the flowing, leakage, expansion and accidents
of medical wastes;

5)

Occupational health safety protection of the relevant working staffs engaged in the classified collection, carriage, and temporary
storage of medical wastes.

Article 6

The medical and health institution shall establish a monitoring body or allocate full-time (part-time) personnel to be responsible
for medical wastes management and perform the following duties:

1)

Directing and inspecting the implementation of the work in the process of classified collection, carriage, temporary storage, and
internal disposal of medical wastes;

2)

Directing and inspecting the occupational health safety protection work in the process of classified collection, carriage, temporary
storage, and internal disposal of medical wastes;

3)

Organizing emergent treatment in the event of flowing leakage, spreading and accidents of medical wastes;

4)

Organizing the training relating to medical wastes management;

5)

Managing the relevant registration and archives of medical wastes;

6)

Analyzing and dealing with other problems arising in the management of medical wastes in good time.

Article 7

The medical and health institution shall, in the event of flowing, leakage, and spreading of medical wastes, report to the administrative
departments of public health and of environmental protection of the people’s government at the county level of the place where it
is located within 48 hours, and after the investigation and handling, the medical and health institution shall report the investigation
and handling results to the said departments.

The administrative department of public health of the people’s government at the county level shall pass on such report level by level
to the administrative department of public health of the local people’s government at the provincial level each month.

The administrative department of public health of the people’s government at the provincial level shall gather those reports and submit
them to the Ministry of Public Health on the semi-annual basis.

Article 8

When a medical and health institution has caused death to 1 or more persons or health detriment to 3 or more persons as a result of
improper management of medical wastes and needs to provide medical aid and on-the-spot rescue to the injured persons, it shall report
to the administrative departments of public health and of environmental protection of the people’s government at the county level
in its locality within 24 hours, and shall take corresponding emergent measures pursuant to the Regulation on Medical Wastes Management.

The administrative department of public health of the people’s government at the county level shall, after receiving the report, report
level by level to the administrative department of public health of the people’s government at the provincial level within 12 hours.

The administrative department of public health of the people’s government at the provincial level shall, after receiving the report,
report to the Ministry of Public Health within 12 hours.

Where medical wastes have, as found out, caused the spreading of infectious diseases or where there is evidence showing that an accident
of spreading of infectious diseases is likely to happen, the medical and health institution shall make a report pursuant to the Law
on Infectious Diseases Control and other relevant provisions and take corresponding measures.

Article 9

The medical and health institution shall formulate and organize the implementation of the training plans of the relevant personnel
in respect of the professional skills, occupational health safety protection and emerge treatment knowledge, etc., that are needed
in the process of classified collection, carriage, temporary storage, and internal disposal of medical wastes.

Chapter 3 Classified Collections, Carriage and Temporary Storage

Article 10

The medical and health institution shall apply classified management of medical wastes pursuant to the Catalogue of Classifications
of Medical Wastes

Article 11

The medical and health institution shall collect medical wastes on a classified basis and in good time pursuant to the following requirements:

1)

Placing the medical wastes separately in packages or containers that are in conformity with the Provisions on the Standards and Warning
Marks of Special Packages and Containers of Medical Wastes according to the types of the medical wastes;

2)

Before placing the medical wastes, carefully checking the packages or containers of medical wastes to ensure that they are not damaged,
leaky or otherwise defective;

3)

Refraining from mixing the infectious, pathological, damaging, drug, and chemical wastes in the process of collection. Small quantities
of drug wastes may be mixed with infectious wastes, but indications shall be made on the label;

4)

Executing the relevant laws and administrative regulations and the relevant provisions of the state in management of the abandoned
narcotic, psychotropic, radioactive, and poisonous drugs, etc., and the relevant wastes;

5)

Handing over the batch-use waste chemical reagents and waste disinfectors in chemical wastes to the specialized agencies for disposal;

6)

Handing over the batch-use medical utensils, such as thermometers containing mercuric and blood-pressure meters, etc., to the specialized
agencies for disposal;

7)

With respect to the highly dangerous wastes among medical wastes, such as the culture medium, samples and preservation liquid of bacteria
and toxins of virus, etc., sterilizing with high pressure or steam or conducting chemical disinfection at the places of generation
before collecting and disposing of them as infectious wastes;

8)

Strictly disinfecting the infectious rejections generated by segregated infectious patients or suspect infectious patients pursuant
to the provisions of the state, and discharging the rejections into the sewage disposal system only after the discharging standards
prescribed by the state are reached;

9)

Using double-layer packaging for the infectious rejections generated by segregated infectious patients or suspect infectious patients
and promptly sealing the packages;

10)

Refraining from taking out any infectious, pathological, or damaging wastes that have already been put into the packages or containers.

Article 12

Illustrations or written instructions of the classified collection methods of medical wastes shall be displayed at the places generating
medical wastes within a medical and health institution.

Article 13

Where the volume of medical wastes reach three fourths of that of the packages or containers in which they are contained, effective
sealing methods shall be taken to make tight and close the mouth of the package or container.

Article 14

Where the external of the packages or containers are polluted by infectious wastes, the polluted place shall be disinfected or a new
layer of packaging shall be added onto that place.

Article 15

There should be a warning mark on the external of each packaging or container containing medical wastes, and there should be a label
in Chinese attached to each package or container, the contents of which shall include: the entity generating the medical wastes,
date of generation, class of wastes, and necessary special instructions, etc.

Article 16

The carriage personnel shall carry the medical wastes that are packed on a classified basis from the generating places to the designated
internal temporary storage places pursuant to the prescribed time and routes every day.

Article 17

Before carrying the medical wastes, the carriage personnel shall check whether the marks, labels and seals of the packaging or containers
are in conformity to the requirements, and may not carry any medical wastes not in conformity with the requirements to the temporary
storage places.

Article 18

When carrying the medical wastes, the carriage personnel shall avoid any damage to the packages or containers, shall avoid the flowing,
leakage or spreading of medical wastes, and shall prevent direct body contact with the medical wastes.

Article 19

Special conveyances that can prevent leakage and dispersion, that have no sharp edges, and that are easy for loading and cleaning
shall be used for the carriage of medical wastes.

The conveyance shall be cleaned and disinfected in good time every day after the carriage work is finished.

Article 20

The medical and health institution shall set up temporary storage facilities and equipment of medical wastes and may not leave the
medical wastes in the open; the temporary storage of medical wastes may not exceed 2 days.

Article 21

The temporary storage facilities and equipment of medical wastes set up by a medical and health institution shall meet the following
requirements:

1)

Staying afar from medical treatment areas, food processing areas, personnel movement areas, and storage places of house refuse, and
being it convenient for the entry and exit of the personnel and conveyance carrying medical wastes;

2)

Being tightly sealed and being managed by full-time (part-time) personnel to prevent non-working staff from contacting the medical
wastes;

3)

Having safety measures against rats, flies and mosquito, and cockroaches;

4)

Being leakage proof and refraining from rain-washing;

5)

Being easy for cleaning and disinfection;

6)

Avoiding direct sunshine;

7)

Having conspicuous warning marks of medical wastes and warning marks of “no smoke and food”.

Article 22

Low temperature or anti-erosion conditions are required for temporary storage of pathological wastes.

Article 23

The medical and health institution shall hand over the medical wastes to the entity of concentrated disposal of medical wastes approved
by the administrative department of public health of the people’s government at the county level or above, and shall fill in and
keep the handover forms pursuant to the system of handover forms of dangerous wastes.

Article 24

The medical and health institution shall register the medical wastes, and the registered contents shall include the medical wastes’
sources, types, weight or quantities, handover time, final whereabouts, and signatures of the handling persons, etc. The registration
materials shall be kept for at least 3 years.

Article 25

The temporary storage places and facilities shall be cleaned and disinfected, after the medical wastes have been moved out.

Article 26

The medical and health institution and its working staff are prohibited from transferring to others or trading medical wastes.

It is prohibited to dump or pile up medical wastes at any non-collection or non-temporary storage places, and it is prohibited to
mix the medical wastes with other wastes or house refuse.

Article 27

The medical and health institution shall, in the rural areas without the conditions for concentrated disposal of medical wastes, dispose
of the medical wastes it generates by itself within the institution according to the requirements of the local administrative departments
of public health and of environmental protection. Self- disposition of medical wastes shall meet the following basic requirements:

1)

Used one-off medical equipment and the medical wastes liable to injure persons shall be disinfected and their dangerous shapes shall
be changed;

2)

Those medical wastes that can be burned shall be burned in good time;

3)

Those medical wastes that cannot be burned shall be buried after disinfection in a concentrated way.

Article 28

In the event of flowing, leakage, spreading or accident of medical wastes, a medical and health institution shall take emergent measures
in good time pursuant to the requirements as follows:

1)

Determining the types and quantities of the medical wastes flowing, leaking and spreading, and the time of occurrence, scope of impact,
and seriousness;

2)

Organizing the relevant personnel to conduct on-the-spot treatment of the leaking and spreading of the medical wastes as soon as possible
according to the emergent scheme;

3)

When treating the areas polluted by the medical wastes, trying to minimize the affection to the patients, medical personnel, other
personnel on the spot, and to the environment.

4)

Taking appropriate safety disposal measures to disinfect or otherwise make harmless the leaking wastes and the polluted areas and
materials, and blocking the polluted areas if necessary to prevent the spread of pollution;

5)

When disinfecting the areas polluted by infectious wastes, carrying out the disinfection work from the areas most slightly polluted
to those most seriously polluted, and disinfecting any used tools that might have been polluted;

6)

The working staff shall ensure that they have taken sufficient health safety protection measures before carrying out the work.

After the treatment work is finished, the medical and health institution shall investigate into the cause of the event and take effective
prevention measures against the occurrence of similar events.

Chapter 4 Personnel Training and Occupational Safety Protection

Article 29

The medical and health institution shall train its working staff and enhance the knowledge of all the staff members in medical wastes
management. The working staff and managerial personnel engaging in classified collection, carriage, temporary storage, and disposal
of medical wastes shall receive training on the relevant laws, professional skills, and knowledge of safety protection and emergent
treatment, etc.

Article 30

The relevant working staff and managerial personnel of medical wastes shall meet the following requirements:

1)

Understanding the provisions of the relevant laws, regulations, rules and normative documents of the state, acquainting themselves
with the rules and systems, work procedures and requirements of medical wastes management formulated by the medical and health institution;

2)

Mastering the correct methods and operational procedures of the classified collection, carriage, and temporary storage of medical
wastes;

3)

Grasping the safety knowledge, professional skills, and knowledge of occupational health safety protection in classification of medical
wastes;

4)

Grasping the methods to prevent being stabbed or scratched by the medical wastes in the process of the classified collection, carriage,
temporary storage, internal disposal of the medical wastes, and the treatment methods after the occurrence of such events;

5)

Grasping the emergent treatment measures in the event of flowing, leakage, spreading and occurrence of medical waste accidents.

Article 31

The medical and health institution shall, pursuant to the types of and different degrees of risks of the medical wastes contacted,
equip the working staff and managerial personnel engaged in the classified collection, carriage, temporary storage, and disposal
of the medical wastes in the institution with necessary protection materials, make regular health inspections to them, and if necessary,
give immunization injection to the relevant personnel to prevent their health from impairment.

Article 32

When any working staff of a medical and health institution is stabbed or scratched by the medical wastes during work, he/she shall
take corresponding treatment measures and report to the relevant offices in the institution in good time.

Chapter 5 Supervision and Administration

Article 33

The administrative departments of public health of the local people’s governments at the county level and above shall, in accordance
with the provisions of the Regulation on Medical Wastes Management and the present Measures, make regular supervisory inspection
and irregular selective inspection over the medical and health institutions within their respective jurisdictions.

Article 34

The main contents of the supervisory and selective inspections over medical and health institutions are:

1)

The rules and systems concerning medical wastes management and the implementation thereof;

2)

The classified collection, carriage, temporary storage, and internal disposal of medical wastes;

3)

Registration materials and records related to medical wastes management;

4)

Safety protection of the relevant personnel in medical wastes management;

5)

Report, investigation and handling of the events of flowing, leakage, spreading and accidents of medical wastes;

6)

On-spot hygiene monitoring.

Article 35

The administrative departments of public health shall, if finding any hidden risks in the medical and health institutions through
supervisory or selective inspections, order the institutions to eliminate such risks immediately.

Article 36

The administrative departments of public health at the county level and above shall investigate into and punish the acts of the medical
and health institutions that violate the Regulation on Medical Wastes Management and the present Measures.

Article 37

When improper management of medical wastes causes the spread of infectious diseases, or there is evidence proving the possibility
of such spread, the administrative departments of public health shall take corresponding measures in good time in accordance with
Article 40 of the Regulation on Medical Wastes Management.

Article 38

The medical and health institutions shall cooperate with the administrative departments of public health in the inspection, monitoring,
investigation, and obtaining of evidence, and may not refuse or hinder such process, or provide falsified materials.

Chapter 6 Rules of Punishment

Article 39

If a medical and health institution, violating the Regulation on Medical Wastes Management and the present Measures, is in any of
the situations as follows, the administrative department of public health of the local people’s government at the county level or
above shall order it to correct within a prescribed time limit and give it a warning; if the institution fails to correct within
the aforesaid time limit, it shall be imposed on a fine ranging from 2,000 Yuan to 5,000 Yuan:

1)

Failing to establish or perfect the system of medical wastes management, or failing to set up the monitoring body or to allocate full-time
(part-time) personnel;

2)

Failing to give the relevant personnel training on the relevant laws, professional skills, safety protection and emergent treatment
knowledge, etc;

3)

Failing to register the medical wastes or to keep the registered materials;

4)

Failing to take occupational health safety protection measures for the working staff and managerial personnel engaged in the classified
collection, carriage, temporary storage, and disposal of medical wastes within the institution;

5)

Failing to clean and disinfect in good time the used conveyance of medical wastes;

6)

In the case of a medical and health institution which has set up disposal facilities of medical wastes, failing to test and evaluate
the hygiene effects of such facilities regularly, or failing to put on record or report the testing and evaluation effects.

Article 40

If a medical and health institution, violating the Regulation on Medical Wastes Management and the present Measures, is in any of
the situations as follows, the administrative department of public health of the local people’s government at the county level or
above shall order it to correct within a prescribed time limit, give it a warning, and may impose on it a fine of less than 5,000
Yuan concurrently; if the institution fails to correct within the said time limit, it shall be imposed on a fine ranging from 5,000
Yuan to 30,000 Yuan:

1)

The places, facilities or equipment of temporary storage of medical wastes are not in conformity with hygienic requirements;

2)

The medical wastes are not placed in special packages or containers according to their types;

3)

The conveyance of medical wastes is not in conformity with the requirements.

Article 41

If a medical and health institution, violating the Regulation on Medical Wastes Management and the present Measures, is in any of
the situations as follows, the administrative department of public health of the local people’s government at the county level or
above shall order it to correct within a prescribed time limit, give it a warning, and impose on it a fine ranging from 5,000 Yuan
to 10,000 Yuan; if the institution fails to correct within the aforesaid time limit, it shall be imposed on a fine ranging from 10,000
Yuan to 30,000 Yuan; if spreading of infectious diseases is caused, the original license issuing department shall suspend or revoke
the practice license of the medical and health institution; and if any crime has been constituted, the offenders shall be subject
to criminal liabilities:

1)

Casting medical wastes within the medical and health institution and dumping and piling up medical wastes at any non-storage places,
or mixing the medical wastes with other wastes and house refuse;

2)

Giving the medical wastes to any entities or individuals that have not obtained the operation license;

3)

Failing to make strict disinfection of the sewage and the rejections of infectious patients or suspect infectious patients in accordance
with the Regulation and the present Measures, or discharging them into the sewage disposal system where the discharging standards
prescribed by the state are not reached;

4)

Failing to manage and dispose of as medical wastes the house refuse of the accepted infectious patients and suspect infectious patients.

Article 42

The medical and health institution that transfer to others or trade medical wastes shall be punished pursuant to Article 53 of the
Regulation on Medical Wastes Management.

Article 43

If a medical and health institution, in the event of flowing, leakage or spreading of medical wastes, fails to take emergent measures
or fails to report to the administrative department of public health in good time, the administrative department of public health
of the local people’s governments at the county level or above shall order it to correct, give it a warning, and impose on it a fine
ranging from 10,000 Yuan to 30,000 Yuan concurrently; if spreading of infectious diseases is caused, the original license issuing
department shall suspend or revoke the practice license of the medical and health institution; and if any crime has been constituted,
the offenders shall be subject to criminal liabilities.

Article 44

Where a medical and health institution, without justified reasons, hinders any of the law enforcement personnel of the administrative
department of public health in their execution of duties, refuses them to enter the scene, or refuses to cooperate with the law enforcement
department in inspection, monitoring, investigation and obtaining of evidence, the administrative department of public health of
the local people’s government at the county level or above shall order it to correct and give it a warning; if it refuses to correct,
the original license issuing department shall suspend or revoke the practice license of the medical and health institution; if the
Public Security Administration Regulation of the People’s Republic of China is violated and an act violating pubic security administration
is committed, the public security organ shall punish the medical and health institution; and if any crime has been constituted, the
offenders shall be subject to criminal liabilities.

Article 45

In the rural areas without the conditions for concentrated disposal of medical wastes, if a medical and health institution fails to
dispose of the medical wastes pursuant to the Regulation on Medical Wastes Management and the present Measures, the administrative
department of public health of the local people’s government at the county level or above shall order it to correct within a prescribed
time limit and give it a warning; if it fails to correct within the said time limit, it shall be imposed on a fine ranging from 1,000
Yuan to 5,000 Yuan; if spreading of infectious disease is caused, the original license issuing department shall suspend or revoke
the practice license of the medical and health institution; and if any crime has been constituted, the offenders shall be subject
to criminal liabilities.

Article 46

If a medical and health institution, violating the Regulation on Medical Wastes Management and the present Measures, causes the spread
of any infectious disease and causes damages to others, it shall be liable for civil damages.

Chapter 7 Supplementary Provisions

Article 47

The phrase “medical and health institutions” as mentioned in the present Measures refers to the institutions that have obtained the
Practice License of Medical Institutions pursuant in according to the Regulation on the Administration of Medical Institutions, as
well as the disease prevention and control institutions and blood collection and supply institutions.

Article 48

The present Measures shall be implemented as of the date of promulgation.



 
Ministry of Public Health
2003-10-15

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON SOME ISSUES CONCERNING TAX REFUND OR EXEMPTION ON EXPORT GOODS

State Administration of Taxation

Circular of the State Administration of Taxation on Some Issues concerning Tax Refund or Exemption on Export Goods

GuoShuiFa [2003] No. 139

November 18, 2003

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

With a view to solving the issues feedback from the regions concerning the enforcement of export tax refund policies, upon deliberation,
we hereby make the following notice:

I.

The following formula shall be applicable for calculating and deducting the output tax payable on the taxable goods regarded as sold
in domestic market according to the Measures for Tax Exemption, Deduction or Refund:

Output tax payable = Offshore price of export goods regarded as taxable goods sold in domestic market ￿￿oreign exchange quotation
of Renminbi ￿￿VAT rate Where the export enterprises have made calculation on the amount of taxes prohibited from exemption or deduction
in the tax exemption, deduction or refund as prescribed on the aforesaid taxable goods, which are regarded as goods sold in domestic
market and have been changed into cost, they shall be changed from the cost item into the income item of amount of tax.

The taxable goods regarded as goods sold in domestic market shall include: Goods for which the relevant certificates of tax refund
or exemption on their export haven’t been fully collected by the production enterprises within 6 months from the date of applying
to customs for export or for which the formalities of tax exemption, deduction, or refund haven’t been handled at the tax authorities
in charge as prescribed in the “Circular of the Ministry of Finance and the State Administration of Taxation on Further Advancing
the Implementation of Measures for Tax Exemption, Deduction and Refund on Export Goods” (CaiShui [2002] No. 7); and the export goods
enjoying the tax exemption, deduction, or refund and with no electronic data (excluding the paper-made customs declaration) declared
by the production enterprises, or the export goods with electronic data but haven’t been declared at the current month by the enterprises
as prescribed in the “Circular of the State Administration of Taxation on Examination and Verification of the Export Volume of the
Production Enterprises Enjoying Tax Exemption, Deduction or Refund by Using the Export Data in the “Port Electronic Law Enforcement
System” (GuoShuiHan [2003] No. 95). The export volumes, for which taxes unpaid shall be paid in the following month as prescribed
in Document GuoShuiHan [2003] No. 95, shall not include the export volume of the business of commission, agency factor, or consignment.

The taxable goods regarded as goods sold in domestic market shall include: Goods for which the relevant certificates of tax refund
or exemption on their export haven’t been fully collected by the production enterprises within 6 months from the date of applying
to customs for export or for which the formalities of tax exemption, deduction, or refund haven’t been handled at the tax authorities
in charge as prescribed in the “Circular of the Ministry of Finance and the State Administration of Taxation on Further Advancing
the Implementation of Measures for Tax Exemption, Deduction and Refund on Export Goods” (CaiShui [2002] No. 7); and the export goods
enjoying the tax exemption, deduction, or refund and with no electronic data (excluding the paper-made customs declaration) declared
by the production enterprises, or the export goods with electronic data but haven’t been declared at the current month by the enterprises
as prescribed in the “Circular of the State Administration of Taxation on Examination and Verification of the Export Volume of the
Production Enterprises Enjoying Tax Exemption, Deduction or Refund by Using the Export Data in the “Port Electronic Law Enforcement
System” (GuoShuiHan [2003] No. 95). The export volumes, for which taxes unpaid shall be paid in the following month as prescribed
in Document GuoShuiHan [2003] No. 95, shall not include the export volume of the business of commission, agency factor, or consignment.

The amount of taxes prohibited from exemption or deduction in the tax exemption, deduction or refund, shall be calculated according
to the formula as prescribed in Document CaiShui [2002] No.7

III.

Where a production-oriented enterprise group corporation (or parent plant) exports goods for its member enterprises (or branches)
as an agent, the enterprise group (or parent plant) may file an application to the competent taxation authorities for issuance of
the “Certificate of Export as an Agent”, and the member enterprises (or branches) shall implement the methods of tax “Exemption,
Deduction, or Refund”.

IV.

Where a foreign contracting engineering company, who has the management right for foreign economic cooperation upon approval by the
relevant departments, and who is not an ordinary VAT taxpayer, purchases export goods in relation to a foreign contracting project,
the production enterprises supplying goods for it may file an application to the tax authorities for issuance of Tax Payment Notice
(used specially for export goods) upon the strength of the certificates (copies) such as the certificate of approval for the management
right of foreign economic cooperation, etc., as provided by the foreign contracting engineering company. The foreign contracting
engineering company may then, upon the strength of the Tax Payment Notice (used specially for export goods), common invoices or special
VAT invoices, and other prescribed certificates, apply for handling tax refund on export goods in relation to the foreign contracting
project to the competent tax authorities.

V.

Where a production enterprise within the bonded zones purchases raw materials, components and parts, etc. from the enterprises outside
the bonded areas, who have the management right of import and export, and exports them after having processed them into products,
it shall file an application to the competent taxation authorities for handling tax exemption, deduction or refund upon the strength
of the file bill on exit issued by the customs in the bonded zones and other prescribed certificates.

Where an enterprise engaging in the processing of the imported materials in the bonded zones imports raw materials and components
and parts from abroad, it may, upon the strength of the “Bill for Filing the Imported Goods in the Customs Bonded Zones”, go through
the formalities for obtaining the “Certificates of Tax Exemption on Trade of Processing Imported Materials by Production Enterprises”,
etc.

VI.

Tax refund or exemption on goods exported through storehouse, which is supervised by the customs, shall be handled according to the
existing provisions upon the strength of the customs declaration for export goods (used specially for export tax refund) signed and
issued by the customs or other prescribed certificates.

VII.

As to the provisions of Article 3 of the Document CaiShui [2002] No. 7, that is, “the purchase of raw materials enjoying tax exemption
shall include the purchase of raw materials enjoying tax exemption from within the country and the import of materials and components
and parts enjoying tax exemption for processing the imported material”, the purchase of raw materials enjoying tax exemption from
within the country refers to the goods enjoying tax exemption, whose names are listed in the “Interim Regulations of the People’s
Republic of China on Value-added Taxes” and the “Detailed Rules for the Implementation of the Interim Regulations of the People’s
Republic of China on Value-added Taxes”, and other relevant provisions, and for which the input tax payable cannot be calculated
and deducted as prescribed.

VIII.

Where an enterprise is doing a new export business other than those prescribed in paragraph 2, and paragraph 3 of the present Article,
the method of refunding taxes on monthly basis shall not be applicable to the amount of tax refundable occurred within 12 months
from the date of occurrence of the first of the export business. That amount of tax refundable shall be carried forward to the next
term to offset for goods sold in domestic market. After the 12 months, the provisions of Article 9 of the present Circular on small
export enterprises shall be applied, if it is a small export enterprise. Where the enterprises do not fall within the scope of small
export enterprises, the tax exemption, deduction or refund thereof shall be handled uniformly by way of calculation on monthly basis.

In case an enterprise has registered and opened business for over one year (excluding small export enterprises) and does have the
production capability and has no illegal acts such as tax evasion, smuggling, or evading or illegally trading in foreign exchange
upon verification by local or municipal tax authorities, the tax exemption, deduction or refund of its newly occurred business may
be calculated on monthly basis uniformly.

Where a newly established enterprise whose total sales volume of internal distribution is 5 million Yuan or more, and whose overseas
sales volume accounts for 50% or more of its total sales volume, and it will face difficulty in case its tax refund is not to be
handled within 12 months from the date of establishment, the tax exemption, deduction or refund thereof shall be handled by way of
calculation on monthly basis uniformly on the basis of tight control upon the approval of the administrations of state taxation of
provinces, autonomous regions, and municipalities directly under the Central Government.

IX.

The amount of tax refundable of a small export enterprise, which is occurred in the middle of the year, and on which the term for
examination and verification of the tax refund is 12 months under Article 8 of Document CaiShui [2002] No. 7, shall not be handled
by way of refunding taxes on monthly basis, but shall be handled by way of carrying it forward to the next term to offset for goods
sold in domestic markets. For the part failing to be offset, the tax refund shall be handled once for all at the end of the year.
The standard for determining the small export enterprises shall be made uniformly by the administrations of state taxation of all
provinces (autonomous regions, and municipalities directly under the Central Government) according to the reality of the whole provinces
(autonomous regions, and municipalities directly under the Central Government), and within the range of 2 million Yuan or more up
to 5 million Yuan of the total sales volume of the enterprise in domestic markets and overseas markets in the previous taxpaying
year.

X.

The VAT shall be exempted for the export goods of the production enterprises taxed by simple method. And other goods exported shall
apply the Methods of Tax Exemption, Deduction and Refund.

XI.

A small-scale taxpayer, who entrusts other processing enterprises to undertake the business of processing with materials provided,
may file an application to the tax authorities for issuance of “Certificate of Tax Exemption on Processing with Materials Provided”
according to the relevant provisions in existence. And the processing enterprises may go through the formalities for tax refund on
processing fees upon the strength of the “Certificate of Tax Exemption on Processing with Materials Provided”.

XII.

Where an enterprise with foreign investment who is not a VAT taxpayer, or who is a small scale taxpayer, or who is established in
the bonded zones, purchases home-made equipment, which is in conformity with the relevant provisions under the “Circular of the State
Administration of Taxation concerning Printing and Distributing the ‘Trial Measures for the Administration of Tax Refund on Home-Made
Equipment Purchased by Enterprises with Foreign Investment'” (No. GuoShuiFa [1999] No. 171), its tax refund may be handled in accordance
with the relevant provisions.

XIII.

Where an enterprise with foreign investment entrusts other enterprises to undertake the construction of a project by way of contracting
for labor and materials, it may sign an agreement with the enterprise engaging in the construction and entrusts it to purchase the
kinds of home-made equipment in conformity with the relevant provisions of Document GuoShuiFa [1999] No. 171. The enterprise engaging
in the construction shall then, upon the strength of the entrustment agreement for purchase of the home-made equipment and the “Handbook
for Registration of Home-Made Equipment Purchased by Enterprises with Foreign Investment”, purchase the home-made equipment, and
obtain the special VAT invoices and the Tax Payment Notice (used specially for export goods) for value-added taxes, and hand them
over to the enterprise with foreign investment to handle tax refund pursuant to relevant provisions.

XIV.

The present Circular shall enter into force as of January 1, 2003.



 
State Administration of Taxation
2003-11-18

 






SUPPLEMENTARY PROVISIONS ON THE INTERIM MEASURES FOR THE ESTABLISHMENT OF SINO-FOREIGN JOINT VENTURE FOREIGN TRADE COMPANIES

e03032

Ministry of Commerce

Decree of the Ministry of Commerce of the People’s Republic of China

No. 10

With a view to promoting Hong Kong and Macao to establish a closer economic and trade relationship with the Mainland, the Supplementary
Provisions on the Interim Measures for the Establishment of Sino-foreign Joint Venture Foreign Trade Companies, which were adopted
at the 8th executive meeting of the Ministry of Commerce on December 7th, 2003, are hereby promulgated, and shall be implemented
as of January 1st, 2004.

Lv Fuyuan, Minister of the Ministry of Commerce

December 7th, 2003

Supplementary Provisions on the Interim Measures for the Establishment of Sino-foreign Joint Venture Foreign Trade Companies

With a view to promoting Hong Kong and Macao to establish a closer economic and trade relationship with the Mainland, encouraging
service providers from Hong Kong and Macao to establish within the Mainland enterprises engaging in foreign trade business, we have
hereby made the following special provisions on the Interim Measures for the Establishment of Sino-Foreign Joint Venture Foreign
Trade Companies (WaiJingMaoBu [2003] Order No. 1) in accordance with the Mainland and Hong Kong Closer Economic Partnership Arrangement
and the Mainland and Macao Closer Economic Partnership Arrangement approved by the State Council:

I.

As of January 1st, 2004, service providers from Hong Kong and Macao shall be permitted to establish foreign trade companies within
the Mainland by means of joint venture, cooperative or solely funded enterprise.

II.

For the establishment of a foreign trade company, the average trade amount with the Mainland by a service provider from Hong Kong
or Macao during the three years prior to the application shall be no less than US$10 million. For the establishment of a foreign
trade company in the central and western regions of the Mainland, the average trade amount with the Mainland by a service provider
from Hong Kong or Macao during the three years prior to the application shall be no less than US$5 million.

III.

Where a service provider from Hong Kong or Macao files an application to establish a foreign trade company, the registered capital
of the foreign trade company shall be no less than RMB20 million Yuan; if the service provider establishes a foreign trade company
in the central and western regions, such registered capital shall be no less than RMB10 million Yuan.

IV.

With regard to other matters for service providers from Hong Kong and Macao to invest in the Mainland to establish foreign trade companies,
the Interim Measures on Establishing Sino-foreign Joint Venture Foreign Trade Companies shall still be applied.

V.

The service providers from Hong Kong and Macao mentioned in the present Supplementary Provisions shall respectively meet the requirements
in the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Mainland and Macao Closer Economic Partnership Arrangement
on the definition of “service provider”, and in other relevant provisions, as well.

VI.

The power to interpret the present Supplementary Provisions shall remain with the Ministry of Commerce.

VII.

The present Supplementary Provisions shall be implemented as of January 1st, 2004.



 
Ministry of Commerce
2003-12-07

 






PEOPLE’S BANK OF CHINA LAW

Law of the People’s Republic of China on the People’s Bank of China

(Adopted at the Third Session of the Eighth National People’s Congress on March 18, 1995, promulgated by Order No.
46 of the President of the People’s Republic of China on March 18, 1995, and amended in accordance with the Decision on Amending
the Law of the People’s Republic of China on the People’s Bank of China adopted at the 6th Meeting of the Standing Committee of the
Tenth National People’s Congress on December 27, 2003) 

Contents 

Chapter I     General Provisions 

Chapter II    Organization Structure  

Chapter III   The Renminbi 

Chapter IV    Business Operations  

Chapter V     Financial Supervision and Control 

Chapter VI    Financial Affairs and Accounting 

Chapter VII   Legal Responsibility 

Chapter VIII  Supplement Provisions 

Chapter I 

General Provisions 

Article 1   This Law is enacted in order to define the status and make clear the functions and responsibilities of the
People’s Bank of China, ensure the correct formulation and implementation of the monetary policies of the State, establish and perfect
a macro-control system through a central bank and maintain financial stability. 

Article 2   The People’s Bank of China is the central bank of the People’s Republic of China. 

The People’s Bank of China shall, under the leadership of the State Council, formulate and implement monetary policies, guard against
and eliminate financial risks, and maintain financial stability. 

Article 3   The aim of monetary policies shall be to maintain the stability of the value of the currency and thereby promote
economic growth. 

Article 4 The People’s Bank of China shall perform the following functions and responsibilities: 

(1)to promulgate and carry out the orders and regulations related to its functions and responsibilities; 

(2)to formulate and implement monetary policies in accordance with law; 

(3)to issue Renminbi ( RMB ) and control its circulation; 

(4)to supervise and administer the inter-bank lending market and the inter-bank  bond market; 

(5)to exercise control of foreign exchange and  supervise and administer the inter-bank foreign exchange market; 

(6)to supervise and administer the gold market; 

(7)to hold, administer and manage the State foreign exchange reserve and gold reserve; 

(8)to manage the State Treasury; 

(9)to maintain the normal operation of the system for making payments and settling accounts; 

(10)to guide and make plans for  the fight against money laundering in the banking industry, and to be responsible for monitoring
the use of the funds earmarked for the fight against money laundering; 

(11)to be responsible for statistics, investigation, analysis and forecasting concerning the banking industry; 

(12)to engage in relevant international banking operations in its capacity as the central bank of the State; and 

(13)other functions and responsibilities prescribed by the State Council. 

To implement monetary policies, the People’s Bank of China may carry out financial operations in accordance with the relevant provisions
of Chapter IV of this Law. 

Article 5  The People’s Bank of China shall report its decisions to the State Council for approval concerning the annual money
supply, interest rate, foreign exchange rates and other important matters specified by the State Council before they are implemented. 

The People’s Bank of China shall immediately implement decisions on monetary policies for matters other than those specified by the
State Council for the record. 

Article 6 The People’s Bank of China shall submit to the Standing Committee of the National People’s Congress work reports concerning
matters of monetary policies and the operations of the banking industry. 

Article 7 The People’s Bank of China shall, under the leadership of the State Council, implement monetary policies, perform its functions
and carry out its business operations independently according to law and be free from intervention by local governments, government
departments at various levels, public organizations or individuals. 

Article 8 All capital of the People’s Bank of China is invested by the State and owned by the State. 

Article 9 The State Council shall establish a coordinating mechanism for financial supervision and administration. The specific measures
therefor shall be formulated by the State Council. 

ChapterII 

Organizational Structure 

Article 10 The People’s Bank of China shall have a Governor and a certain number of Deputy Governors. 

The candidate for the Governor of the People’s Bank of China shall be nominated by the Premier of the State Council and decided by
the National People’s Congress; when the National People Congress is not in session, the Governor shall be decided by the Standing
Committee of the National People’s Congress and appointed or removed by the President of the People’s Republic of China. The Deputy
Governors of the People’s Bank of China shall be appointed or removed by the Premier of the State Council. 

Article11 The People’s Bank of China shall practice a system wherein the Governor shall assume overall responsibility. The Governor
shall direct the work of the People’s Bank of China, the Deputy Governors shall assist the Governor in his or her work. 

Article12 The People’s Bank of China shall establish a monetary policy committee, whose functions, composition and working procedures
shall be prescribed by the State Council and reported to the Standing Committee of the National People’s Congress for the record. 

The monetary policy committee of the People’s Bank of China shall play an important role in the State macro-control and the formulation
and adjustment of monetary policies. 

Article13 The People’s Bank of China shall establish branches as its representative organs in light of the need of performing its
functions and responsibilities and exercise unified leadership and administration with respect to its branches. 

The branches of the People’s Bank of China shall, as authorized by the People’s Bank of China, maintain financial stability in their
respective districts and handle relevant business operations. 

Article 14 The Governor, Deputy Governors and other staff members of the People’s Bank of China shall scrupulously abide by their
duties; they may not abuse their power or conduct malpractice for private ends and they may not assume concurrent positions in any
other banking institutions, enterprises or foundations. 

Article 15 The Governor, Deputy Governors and other staff members of the People’s Bank of China shall safeguard State Secrets according
to law and be obligated to safeguard the secrets of the banking institutions and parties concerned with their implementation of their
functions and responsibilities. 

Chapter III 

The Renminbi 

Article 16 The legal tender of the People’s Republic of China is the Renminbi (RMB). When Renminbi is used to repay all public or
private debts within the territory of the People’s Republic of China, no units or individuals may refuse to accept it. 

Article 17The unit of the Renminbi is the yuan and the units of the fractional currency of the Renminbi are the jiao and the fen. 

Article 18 The Renminbi shall be printed and issued solely ny the People’s Bank of China. 

When putting forth a new Renminbi issue, the People’s Bank of China shall make known to the public the issuing date, face values,
designs, patterns and specifications. 

Article 19 It is prohibited to counterfeit or alter Renminbi. It is prohibited to sell or purchase counterfeit or altered Renminbi.
It is prohibited to transport, hold or use counterfeit or altered Renminbi. It is prohibited to deliberately destroy or damage the
Renminbi. It is prohibited to illegally use the parttens of Renminbi in propaganda materials, publications or other commodities. 

Article 20 No units or individuals may print or sell promissory notes as substitutes for Renminbi to circulate on the market. 

Article 21The damaged or soiled Renminbi shall be exchanged in accordance with the regulations of the People’s Bank of China, which
shall also be responsible to recall and destroy such Renminbi. 

Article 22 The People’s Bank of China shall establish a Renminbi issue treasuries at its branches. The subsidiary issue treasuries
shall, in allocating Renminbi issue fund, act on the order of allocation from their superior treasury. No units or individuals may
use the issue fund in violation of regulations. 

Chapter IV 

Business Operations 

Article 23 To implement monetary policies, the People’s Bank of China may apply the following monetary policy instruments: 

(1) to require a financial institution of the banking industry to place a deposit reserve at a prescribed ratio; 

(2) to fix the base interest rates for the central bank; 

(3) to handle rediscount for financial institutions of the banking industry that have opened accounts in the People’s Bank of China; 

(4) to provide loans for commercial banks; 

(5) to deal in State bonds, other government bonds, and financial bonds and foreign exchange on the open market; and 

(6) other monetary policy instruments decided by the State Council. 

When applying the monetary policy instruments listed in the preceding paragraph to implement monetary policies, the People’s Bank
of China may work out specific requirements and procedures. 

Article 24The People’s Bank of China shall manage he State treasury in accordance with laws and administrative rules and regulations. 

Article 25 The People’s Bank of China may, on behalf of the financial department under the State Council, issue to financial institutions,
and honour State bonds and other government bonds. 

Article 26 The People’s Bank of China may open accounts for financial institutions of the banking industry as needed, but may not
allow them to overdraw.      

Article 27 The People’s Bank of China shall organize or assist in organizing a clearing system among financial institutions of the
banking industry, coordinate the efforts of such institutions in matters of clearing and provide services in this regard. The specific
measures therefor shall be formulated by the People’s Bank of China. 

The People’s Bank of China shall, in conjunction with the banking regulatory authority under the State Council, formulate regulations
on payment and clearing. 

Article 28  The People’s Bank of China may, as required by the implementation of monetary policies, determine the amounts, term,
interest rates and forms of loans extended to commercial banks, however, the maximum term of loans shall not exceed one year. 

Article 29 The People’s Bank of China may not make an overdraft for the government, and may not directly subscribe or underwrite
State bonds or other government bonds. 

Article 30 The People’s Bank of China may not provide loans to the local governments or government departments at various levels,
to non-banking institutions, other units or individuals, with the exception of the specific non-banking institutions as decided by
the State Council. 

The People’s Bank of China may not provide guaranty for any unit or individual. 

Chapter V 

Financial Supervision and Control 

Article 31 The People’s Bank of China shall, in accordance with law, monitor the operation of the financial markets, conduct macro-control
of such markets and promote their coordinated development. 

Article 32 The People’s Bank of China shall have the power to inspect and supervise the following activities of the financial institutions
and other units and individuals: 

(1) implementation of the regulations for control of deposit reserve; 

(2)activities related to the special loans of the People’s Bank of China; 

(3)implementation of the regulations for control of Renminbi; 

(4)implementation of the regulations for control of the inter-bank lending market and the inter-bank  bond market; 

(5)implementation of the regulations for control of foreign exchange; 

(6)implementation of the regulations for control of gold; 

(7)management of the State Treasury on behalf of the People’s Bank of China; 

(8)implementation of the regulations for control of clearing; and 

(9)implementation of the regulations against money laundering. 

The special loan mentioned in the preceding paragraph are loans  granted, upon decision by the State Council, by the People’s
Bank of China for special purposes. 

Article 33 The People’s Bank of China may, according to the need to implement monetary policies and maintain financial stability,
propose that the banking regulatory authority under the State Council inspect and supervise the financial institutions of the banking
industry. The said authority shall, within thirty days from the date it receives the proposal, make a reply. 

Article 34 When financial institutions of the banking industry have difficulties in making payment that may trigger off financial
risks, the People’s Bank of China shall, with a view to maintaining financial stability, have the power to inspect and supervise
the financial institutions of the banking industry with the approval of the State Council. 

Article 35 The People’s Bank of China shall, according to the need to fulfill its functions and responsibilities, have the power
to demand the financial institutions of the banking industry to submit the necessary balance sheets, statements of profit and other
financial and accounting reports, statistical reports and information. 

The People’s Bank of China, the banking regulatory authority under the State Council and the other financial regulatory institutions
under the State Council shall establish a mechanism to share supervisory information. 

Article 36 The People’s Bank of China shall be responsible for compiling unified statistics and accounting statements from the national
banking system and shall publish them in accordance with relevant regulations of the State. 

Article 37 The People’s Bank of China shall establish and perfect system for its own examination and inspection and strengthen its
own supervision and administration. 

Chapter VI 

Financial Affairs and Accounting 

Article 38 The People’s Bank of China shall exercise independent control over its financial budget. 

The budget of the People’s Bank of China shall be incorporated in the central budget after it has been examined and verified by the
financial department under the State Council and the implementation thereof shall be subject to supervision of the financial department
under the State Council. 

Article 39 The People’s Bank of China shall, after withdrawing funds for its general reserve at a proportion determined by the financial
department under the State Council, turn over to the State treasury the entire net profit remaining from its income in an accounting
year minus its expenditures in the same period. 

Losses sustained by the People’s Bank of China shall be made up by appropriations from the State treasury. 

Article 40 The financial receipts and payments and accounting affairs of the People’s Bank of China shall be governed by laws, administrative
regulations and unified State financial and accounting systems and be subject to the auditing and supervision conducted, in accordance
with law, separately by the audit institution and the financial department under the State Council. 

Article 41The People’s Bank of China shall, within three months after the end of every accounting year, compile balance sheets of
its assets, statements of profit and loss and relevant financial and accounting reports, prepare its annual report and publish them
in accordance with relevant regulations of the State. 

The fiscal year of the People’s Bank of China begins on the first day of January and ends on the thirty-first day of December of
the Gregorian calendar. 

Chapter VII 

Legal Responsibility 

Article 42 Anyone who counterfeits or alters Renminbi, sells counterfeit or altered Renminbi or knowingly transports counterfeit
or altered Renminbi, which is serious enough to constitute a crime, shall be investigated for criminal responsibility in accordance
with law; if the case is not serious enough to constitute a crime, he shall be put in detention for not more than 15 days and fined
not more than 10,000 yuan by a public security organ. 

Article 43 Anyone who buys counterfeit or altered Renminbi or knowingly holds or uses counterfeit or altered Renminbi, which is serious
enough to constitute a crime, shall be investigated for criminal responsibility in accordance with law; if the case is not serious
enough to constitute a crime, he shall be put in detention for not more than 15 days and fined not more than 10,000 yuan by a public
security organ. 

Article 44 If anyone illegally uses the patterns of Renminbi in propaganda materials, publications or other commodities, the People’s
Bank of China shall order him to set it right and shall destroy the illegally used patterns of Renminbi, confiscate the illegal gains
and impose a fine of not more than 50,000 yuan. 

Article 45 If anyone prints or sells promissory notes as substitutes for Renminbi to circulate on the market, the People’s Bank of
China shall order him to cease his illegal act and impose a fine of not more than 200,000 yuan. 

Article 46 Where in relevant laws and administrative regulations there are provisions governing punishment for violations in respect
of the activities as are listed in Article 32 of this Law, punishment shall be meted out in accordance with those provisions; where
in such laws and administrative regulations there are no provisions governing such punishment, the People’s Bank of China shall,
on the merits of each case, give a disciplinary warning, confiscate the unlawful gains, or if the unlawful gains exceed 500,000 yuan,
shall, in addition, impose a fine of not less than the amount of such gains but not more than five times that amount; if there are
no unlawful gains or if such gains are less than 500,000 yuan, it shall impose a fine of not less than 500,000 yuan but not more
than 2,000, 000 yuan. The director or senior manager who is directly in charge or any other person who is directly responsible shall
be given a disciplinary warning and be fined not less than 50,000 yuan but not more than 500,000 yuan. If a crime is constituted,
criminal responsibility shall be investigated in accordance with law. 

Article 47 If any party refuses to accept the administrative punishment, he may institute an administrative lawsuit in accordance
with the Administrative Procedure Law of the People’s Republic of China. 

Article 48 If the People’s Bank of China commits any of the following acts, the persons directly in charge and other persons directly
responsible for the offense shall be subject to administrative sanctions according to law; if the case constitutes a crime, the offenders
shall be investigated for criminal responsibility according to law: 

(1) to provide a loan in violation of the provisions in the first paragraph of Article 30; 

(2) to provide guaranty for a unit or individual; or 

(3) to use the issue fund without authorization. 

If any of the acts specified in the preceding paragraph results in losses, the persons directly in charge and other persons directly
responsible for the offense shall be partially or wholly liable for the losses. 

Article 49 If a local government or a government department at any level, a public organization or an individual forcibly demands
the People’s Bank of China or its staff member to provide a loan or a guaranty in violation of the provisions in Article 30, the
persons directly in charge and other persons who are directly responsible for the offense shall be subject to administrative sanctions
in accordance with the law; if the case constitutes a crime, the offenders shall be investigated for criminal responsibility according
to law; if losses are caused, the offenders shall be partially or wholly liable for the losses.    

Article 50 If any staff member of the People’s Bank of China divulges State secrets or the business secrets he knows, which is serious
enough to constitute a crime, he shall be investigated for criminal responsibility according to law; if the case is not serious enough
to constitute a crime, he shall be subject to administrative sanction according to law. 

Article 51  If any staff member of the People’s Bank of China commits embezzlement, accepts bribes, conducts malpractices for
personal ends, abuses his power or neglects his duty, which is serious enough to constitute a crime, he shall be investigated for
criminal responsibility according to law; if the case is not serious enough to constitute a crime, he shall be subject to administrative
sanction according to law. 

Chapter VIII 

Supplementary Provisions 

Article 52  For purposes of this law, the financial institutions of the banking industry are financial institutions established
within the territory of the People’s Republic of China that take in deposits from the general public, including, among others, commercial
banks, urban credit cooperatives and rural credit cooperatives, and policy banks. 

The provisions of this Law pertaining to financial institutions of the banking industry are applicable to the assets management companies,
trust and investment companies, financial companies and financial leasing companies established within the territory of the People’s
Republic of China and other financial institutions established with the approval of the banking regulatory authority under the State
Council. 

Article 53 This Law shall be effective on the date of promulgation.

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






INTERIM PROCEDURES CONCERNING CAPITAL ACCRETION THROUGH ADDITIONAL ISSUES OF B-SHARES BY DOMESTIC LISTED COMPANIES

Interim Procedures Concerning Capital Accretion Through Additional Issues of B-Shares by Domestic Listed Companies

     Article 1 This set of procedures has been formulated in accordance with the provisions of the Company Law of the People’s Republic
of China (hereinafter referred to as Company Law), the Regulations of the State Council on Domestic Listed Shares for Overseas Investors
and Detailed Rules for Regulations of the State Council on Domestic Listed Shares for Overseas (hereinafter referred to as Detailed
Rules), and other related laws and regulations with a view to promoting the development of the market for B-shares and standardize
the increases of capital by listed companies concerned (hereinafter referred to as “companies”) by additional issues of B-shares
(excluding rights issues).

   Article 2 A company to place additional B-shares for capital accretion should be in conformity with the following conditions:

(1) The uses of the fund raised from the placement should be in whole conformity with the industrial policy of the State, the plan
for investment to fixed assets and the relevant provisions concerning the use of foreign capital;

(2) The shares issued for a previous placement of the company (including placement for capital accretion or placement of rights, the
same below) has been fully subscribed, and the uses of the capital raised are in conformity with what has been addressed in the Prospectus
on Stock Issue or Prospectus on Rights Issue, or the issues concerned have been approved according to legal procedures and has already
acquired a good efficiency in use of the capital;

(3) The interval between the announcement of the prospectus for the previous placement of B-shares of the company and announcement
of the current pnlacement for increasing capital is not less than 12 months. But the interval between the current additional B-share
placement and the previous placement for same A-shares may be less than 12 months;

(4) There was no major act violating the law in the latest three years of the company;

(5) The contents of the company’s articles of association are in conformity with the Company Law and other related provisions;

(6) The methods for calling and holding of general meetings of shareholders, the methods for voting at the meetings, and the contents
of resolutions made at the meetings are in conformity with the provisions of relevant laws and regulations, policies, and the articles
of association of the company;

(7) Information disclosure concerned is made according to provisions of relevant laws and regulations;

(8) The company made profits in the latest three consecutive years, being able to distribute dividends to its shareholders;

(9) The financial and accounting statements of the company for the latest three years do not have false records and no important imformation
omitted;

(10) The prescribed minimum of issue price for the additional placement of B-sharese for capital accretion or the range of the issue
prices is not less than the net asset value of per share before the issue;

(11) The proportion of the foreign-funded shares in the total capitalization of the company after the additional placement of B-shares
for capital accretion does not exceed the said proportion as prescribed by the department in charge of the enterprise, the administrative
department of the industry and other competent departments; and

(12) Other conditions as provided by the Securities Committee of the State Council.

   Article 3 In general meeting of shareholders, the following matters concerning an additional placement of B-shares for capital accretion of
a company should be voted item by item:

(1) number of shares to be issued in the said placement;

(2) principles or conditions for determining the issue price;

(3) term of validity of the resolution on the said placement; and

(4) authorization and requirements to the board of directors of the company for the handling of specific matters of the said placement.

The board of directors of the company should put the above items into the notices on holding of the general meeting to shareholders
and also ensure full opportunity of all shareholders to exercise the right to vote.

   Article 4 Whereas the general meeting of shareholders authorizes the board of directors to make specific arrangements for the additional placement
of B-shares for capital accretion, the board of directors may, within the scope of authorization, independently decide on such matters
as the time, means and prices of the placement, and revisions to relevant clauses of the company’s articles of association, as well
as the plan for the uses of the capital raised.

   Article 5 A company placing additional B-shares for capital accretion may accretion prepare a brief memorandum or other forms of information
for the placement which should include at least the following contents:

(1) type, face value, total volume and price of the shares in the current placement, net asset value per share before the placement
and the expected net asset value per share after the placement, total capital to be raised, and the market price of the company’s
stock at the time when the issue price is determined;

(2) explanation of the uses of the capital raised from the current placement;

(3) names of the underwriter(s) and other related intermediaries, program and principles for the current placement;

(4) major changes to the company’s operational conditions since the latest public disclosure of documents (prospectus on the stock
placement, prospectus on rights placement, announcement for the listing of the company, annual report, interim report, etc.); and

(5) other contents as required by the China Securities Regulatory Commission.

   Article 6 Whereas a company offers the B-shares to be issued for capital accretion to unitary subscribers including lump sum purchase of all
the shares by underwriters underwriting by a securities organization the company may not necessarily prepare the memorandum of other
form of information for the placement. However, the company should timely disclose information in accordance with the requirements
of the China Securities Regulatory Commission and related securities exchange. Within five days after placement, the conditions of
placement, underwriting and information disclosure of the additional B-shares for capital accretion should be reported to the China
Securities Regulatory Commission for the record.

   Article 7 The reporting materials on a company’s placement of additional B-shares for capital accretion should be prepared according to a standard
form as provided for in Article 7 and Article 14 of the Detailed Rules and the appendix of these procedures, and be reported to the
China Securities Regulatory Commission for examination and approval. The company may put the placement of additional B-share for
capital accretion into effect upon the approval of the China Securities Regulatory Commission.

   Article 8 This set of procedures shall come into force as of the date of its promulgation.

Appendix:

Standard Forms for Reporting Materials on Placement of Additional B- Shares for Capital Accretion by Companies Listed within the Territory

The materials to be reported to the China Securities Regulatory Commission by a B-share company (hereinfter referred to as “company”)
for additional placement of B-shares for capital accretion should be prepared in accordance with the following standard forms:

I. Paper, Cover and Number of Copies of the Reporting Materials

1. Paper:

Paper in the size of 209 X 295 (equal to A4 paper) shall be used.

2. The cover should present:

(1) The words of “Reporting Materials on Additional Placement of B- Shares for Capital Accretion”;

(2) Name of the reporting company;

(3) Date of reporting;

(4) Date of acceptance;

(5) Date of meeting to examine the issue;

(6) Date on which the document of approval is signed.

(The items (4) – (6) should be filled up by the China Securities Regulatory Commission.)

3. Number of copies:

(1) Six copies of the reporting materials should be submitted initially, at least one of which shall be the original copy;

(2) After pre-examination ends, 12 copies of the reporting materials that have been revised should be submitted, at least one of which
shall be the original copy.

II. Contents of Reporting Materials on Placement of Additional B-Shares for Capital Accretion

Chapter One Documents on the Said Issuance Issued by the Local Government or the Central Government Department in Charge of the Company
Concerned

1-1 Agreement of the local government or the central government department in charge of the company for the placement of additional
B- shares for capital accretion and the presentation of related reporting materials to the China Securities Regulatory Commission.

Chapter Two Documents of Authorization and Appendices on the Additional Placement

2-1 Resolution of the current general meeting of shareholders

2-2 Explanation of the basic conditions about the current general meeting of shareholders (including the conditions about the attendance
and voting of the company’s domestic shareholders and foreign shareholders)

2-3 Notice on convening the current general meeting of shareholders (duplicate of the announcement) and the explanation of the conditions
about the notice

2-4 Application for the company’s placement of additional B-shares for capital accretion

2-5 Resolutions of the board of directors and minutes of the meeting

Chapter Three Related Conditions about the Previous Stock Issue (Including Rights Issue or Additional Issue for Capital Accretion,
the Same Below), and Other Materials

3-1 The conditions about the uses of the capital raised from the previous stock issue, and explanation of the conditions about the
approval of change to the planned uses

3-2 The Prospectus on Stock Issue or Prospectus on Rights Issue for the Previous Stock Issue

3-3 Explanation of the conditions about information disclosure since the previous stock issue

3-4 Historical changes of stock right composition of the company (may be shown in figures or tables)

3-5 Business license for enterprise legal person

Chapter Four Explanatory Materials about the Feasibility of Capital Uses

4-1 The feasibility study report on the uses of the capital to be raised from the current issuance of additional B-shares for capital
accretion

4-2 Documents of approval issued by the competent government departments to the proposal of fixed assets investment

Chapter Five Brief Informations about the Placement

5-1 A memorandum or other forms of explanatory information on the additional placement (A version in foreign language shall also be
presented at the same time)

5-2 Appendices to the explanatory information

5-2-1 Financial statements and attached notes and audit reports (including audit in and out of the territory) of the company for the
latest three years

5-2-2 Report on profit forecast (if available)

5-2-3 Letter of legal opinion

5-2-4 Examination records of the underwriter’s lawyer on the prospectus of the information memorandum

5-3 Summary of the prospectus

Notes:

(1) With the agreement of the China Securities Regulatory Commission, a brief introduction to the placement may not necessarily be
included in the reporting materials if all the additional shares are to be offered to the underwriter(s) in a lump sum. But the financial
statements and attached notes and audit reports (including audits in and out of the territory) for the latest years, the report on
profit forecast, the letter of legal opinion, the program for issuing and listing, etc. still have to be provided. Besides, within
five days after the additional shares are placed, the lead underwriter and the company should respectively report the related conditions
about the current issuance of B-shares and information diclosure about the issuance to the China Securtities Regulatory Commission
for the record.

(2) Before the China Securities Regulatory Commission works out separate rules, the summary of the prospectus may be prepared with
reference to the Contents and Form of Prospectus, and should be completely consistent with the contents published on designated newspapers
later.

Chapter Six Appendices to the Reporting Materials for Issuance

6-1 Opinion (if available) of the holders of State shares on the current placement of additional B-shares for capital accretion

6-2 Articles of association of the company

6-3 Underwriting agreement

6-4 Agreement of the underwriting consortium (if available)

6-5 Letter of commitment issued by a stock exchange on agreeing to arranging the listing of the additional B-shares for increasing
capital issued by the company

6-6 Analysis report on the prospects of the additional B-shares placement for capital accretion and the issuance program made respectively
by the lead underwriter and the international coordinator

Chapter Seven Business Qualification Certificates for Intermediaries

7-1 Qualification certificates for competent securities organizations dealing in foreign funded-shares listed within the territory

7-2 Qualification certificates for other intermediaries (accounting firms, law firms) and their signers dealing securities business

Notes:

(1) The page number of each page must be consistent with the page numbers in the contents

(2) Examples for marking page numbers. For example, the page numbers for the 4-1 section of Chapter Four shall be marked as: 4-1-1,
4-1-2, 4-1-3 …4-1-N.

    





THE GOVERNMENT PROCUREMENT LAW

The Government Procurement Law of the People’s Republic of China










(Adopted at the 28th Meeting of the Standing Committee of the Ninth National People’s Congress on June 29, 2002 and
promulgated by Order No. 68 of the President of the People’s Republic of China on June 29, 2002) 

Contents 

Chapter I     General Provisions 

Chapter II    Parties to Government Procurement 

Chapter III   Methods of Government Procurement 

Chapter IV    Government Procurement Proceedings 

Chapter V     Government Procurement Contract 

Chapter VI    Query and Complaint 

Chapter VII   Supervision and Inspection 

Chapter VIII  Legal Liabilities 

Chapter IX    Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  This Law is enacted for purposes of regulating government procurement activities, improving efficiency in the use
of government procurement funds, safeguarding the interests of the State and the public, protecting the legitimate rights and interests
of the parties to government procurements and promoting honest and clean government. 

Article 2  This Law is applicable to government procurement activities conducted within the territory of the People’s Republic
of China. 

For purposes of this Law, “Government Procurement” refers to the purchasing activities conducted with fiscal funds by government
departments, institutions and public organizations at all levels, where the goods, construction and services concerned are in the
centralized procurement catalogue complied in accordance with law or the value of the goods, construction or services exceeds the
respective prescribed procurement thresholds. 

The centralized procurement catalogue and the prescribed procurement thresholds mentioned above shall be complied within the limits
of powers defined by this Law. 

For purposes of this Law, “Procurement” refers to activities conducted by means of contract for the acquirement of goods, construction
or services for consideration, including but not limited to purchase, lease, entrustment and employment. 

For purposes of this Law, “Goods” refer to objects of every kind and form, including but not limited to raw and processed materials,
fuel, equipment and products. 

For purposes of this Law, “Construction” refers to all construction projects, including construction, reconstruction, expansion,
fitting up, demolition and repair and renovation of a building or structure. 

For purposes of this Law, “Services” refer to any object of government procurement other than goods and construction. 

Article 3  The principles of openness and transparency, fair competition, impartiality and good faith shall be adhered to in
government procurement activities.  

Article 4  Where public invitation or invited bidding is adopted for government procurement of construction, the Law on Bid
Invitation and Bidding shall apply. 

Article 5  No entity or individual may, by any means, deny or restrict free access by outside suppliers to the local markets
or the market of the same industry for government procurement.        

Article 6  Government procurement shall be conducted strictly in accordance with the budget approved. 

Article 7  Government procurement shall be conducted by both centralized and decentralized procurement. The items of centralized
procurement shall be determined in accordance with the centralized procurement catalogue published by people’s governments at or
above the provincial level. 

The centralized procurement catalogue for government procurement items that come under the central budget shall be determined and
published by the State Council; the centralized procurement catalogue for government procurement items that come under the local
budgets shall be determined and published by the people’s governments of provinces, autonomous regions or municipalities directly
under the Central Government or the departments authorized by them. 

Centralized procurement shall be made for government procurement items that are included in the centralized procurement catalogue. 

Article 8  The thresholds for government procurement items that come under the central budget shall be prescribed and published
by the State Council; the thresholds for items that come under local budgets shall be prescribed and published by the people’s governments
of provinces, autonomous regions or municipalities directly under the Central Government or the department authorized by them. 

Article 9  Government procurement shall be conducted in such a manner as to facilitate achievement of the goals designed by
State policies for economic and social development, including but not limited to environmental protection, assistance to underdeveloped
or ethnic minority areas, and promotion of the growth of small and medium-sized enterprises.  

Article 10  The government shall procure domestic goods, construction and services, except in one of the following situations: 

(1) where the goods, construction or services needed are not available within the territory of the People’s Republic of China or,
though available, cannot be acquired on reasonable commercial terms; 

(2) where the items to be procured are for use abroad; and 

(3) where otherwise provided for by other laws and administrative regulations. 

The definitions for the domestic goods, construction or services mentioned in the preceding paragraph shall be applied in accordance
with the relevant regulations of the State Council. 

Article 11  Information, with the exception of information related to business secrets, regarding government procurements shall
be announced to the public in a timely manner through the media designated by the department for supervision over government procurement. 

Article 12  Where in government procurement the procuring person or the person concerned has an interest in the suppliers, he
shall withdraw from the procurement proceeding. Where a supplier believes that the person doing the procuring or the person concerned
has an interest in other suppliers, it may apply for withdrawal of the said person.     

The person concerned as mentioned in the preceding paragraph means any of the members of the bid evaluation committee for procurement
through public invitation, of the negotiation team for procurement through competitive negotiations, or the inquiry team for procurement
through inquiry of quotations. 

Article 13  The finance departments of the governments at all levels are departments for supervision over government procurement,
performing the duty of supervision over government procurement activities in accordance with law. 

The departments concerned in the government at all levels shall, in accordance with law, perform the duty of supervision over activities
related to government procurement. 

Chapter II 

Parties to Government Procurement 

Article 14  The parties to government procurement refer to the principal entities of all kinds that enjoy rights and undertake
obligations in government procurement, including the procuring entities, the suppliers and the procuring agencies. 

Article 15  The procuring entities refer to the government departments, institutions and public organizations that engage in
government procurement in accordance with law. 

Article 16  The institutions for centralized procurement are the procuring agencies. People’s governments at the level of cities
divided into districts and of autonomous prefectures or above that make arrangements for centralized procurement on the basis of
the items to be procured by the governments, are required to set up institutions for centralized procurement.  

The institutions for centralized procurement are non-profit legal persons that conduct procurement as entrusted by the procuring
entities. 

Article 17 When conducting government procurement activities, institutions for centralized procurement shall meet the requirements
for procurement at a lower-than-average market price, at higher efficiency, and of quality goods and services. 

Article 18  When procuring items for the government that are included in the centralized procurement catalogue, the procuring
entities shall entrust the matter to institutions for centralized procurement; they may do it themselves where the items to be procured
are not included in the said catalogue, or they may entrust the matter to institutions for centralized procurement that shall do
it on their behalf within the scope entrusted.  

Items, included in the centralized procurement catalogue that are for general use by the governments, shall be procured by entrusting
the matter to an institution for centralized procurement; items for the special need of a department or set-up shall be procured
by the department or set-up in a centralized manner; items for the special need of an individual entity may be procured by the entity
itself upon approval by the people’s government at or above the provincial level. 

Article 19  Procuring entities may entrust procuring agencies certified by the relevant department under the State Council or
under the people’s government at the provincial level, which shall conduct the government procurement within the scope entrusted. 

Procuring entities shall have the right to choose procuring agencies on their own, no unit or individual may, by any means, designate
procuring agencies for them. 

Article 20  Where a procuring entity, in accordance with law, entrusts a procuring agency with the procurement, the two sides
shall conclude an agreement to such an effect, in which the entrusted matters shall be defined and the rights and obligations for
both sides shall be specified in accordance with law. 

Article 21  The suppliers refer to the legal persons, other organizations or natural persons that provide goods, construction
or services to the procuring entities. 

Article 22  A supplier in government procurement shall meet the following requirements: 

(1) having the capacity to assume civil liabilities independently; 

(2) having a good business reputation and sound financial and accounting systems; 

(3) having the equipment and professional expertise needed for performing contracts; 

(4) having a clean record of paying taxes and making financial contributions to social security funds in accordance with law; 

(5) having committed no major breaches of law in its business operation in the three years prior to its participation in the procurement;
and 

(6) other requirements provided for in laws and administrative regulations. 

A procuring entity may specify special requirements for suppliers on the basis of the special need of a particular item for procurement,
provided that they are not unreasonable requirements that result in differential or discriminatory treatment of suppliers. 

Article 23  The procuring entity may require the suppliers participating in government procurement to provide the documents
certifying their qualifications and information about their business performance and examine the qualifications of the suppliers
against the requirements provided for in this Law and the special requirements necessitated by the items to be procured.  

Article 24  Two or more natural persons, legal persons or other organizations may form a consortium to participate in government
procurement in the capacity of a single supplier. 

Where the form of consortium is taken in government procurement, each of the suppliers in the consortium shall meet the requirements
specified in Article 22 of this law and, in addition, a consortium agreement shall be submitted to the procuring entity, in which
the assignments allotted to and the obligations undertaken by each party to the consortium are clearly stated. All parties to the
consortium shall jointly enter into a procurement contract with the procuring entity, bearing joint and several liabilities to the
procuring entity for matters agreed upon in the contract. 

Article 25  No parties to government procurement may act in collusion with each other to harm the interest of the State or the
public or the legitimate rights and interests of other parties to government procurement, or exclude, by any means, other potential
suppliers from participating in competition. 

No supplier may try to win a bid or conclude a deal by bribing members of the procuring entity, the procuring agency, or members
of the bid evaluation committee, the competition negotiation team or quotation inquiry team, or by any other illegitimate means. 
 

No procuring agency may seek illegal interests through bribing members of the procuring entity or by any other illegitimate means. 

Chapter III 

Methods of Government Procurement 

Article 26  The following methods shall be adopted for government procurement: 

(1) public invitation; 

(2) invited bidding;  

(3) competitive negotiation; 

(4) single-source procurement; 

(5) inquiry about quotations; and  

(6) other methods confirmed by the department for supervision over government procurement under the State Council. 

Public invitation shall be the principal method of government procurement. 

Article 27  Where public invitation is required for procurement of goods or services by the procuring entity, if such goods
or services are included in the government procurement items covered by the central budget, the specific quotas shall be determined
by the State Council; if the items covered by local budgets, the specific quotas shall be determined by the people’s government of
a province, autonomous region or municipality directly under the Central Government. Where it is necessary to adopt a method other
than public invitation under special circumstances, the matter shall be subject to approval by the department for supervision over
procurement under the people’s government at or above the level of the city divided into districts or of the autonomous prefecture,
before procurement is conducted.  

Article 28  No procuring entity may avoid public invitation required for procuring certain goods or services by breaking them
up into parts or by any other means. 

Article 29  Under one of the following conditions, goods or services may be procured by invited bidding in accordance with this
Law: 

(1) where the goods or services in question are special in character and can only be procured from a limited number of suppliers;
or 

(2) where the cost of public invitation forms an excessive proportion of the total value of the government procurement items.  

Article 30  Under one of the following conditions, goods or services may be procured through competitive negotiation in accordance
with this Law: 

(1) where, after bidding is invited, no supplier submits any tender, or qualified tender is lacking, or re-invitation fails; 

(2) where it is hard to determine the detailed specifications or specific requirements because of technical complexity or special
nature; 

(3) where bid invitation takes so long a time that it is hard to satisfy the urgent needs of the procuring entity; or 

(4) where the total value of the goods or services to be procured cannot be determined in advance.  

Article 31  Under one of the following conditions, goods or services may be procured through single-source procurement in accordance
with this Law: 

(1) where goods or services can be procured from only one supplier;  

(2) where goods or services can not be procured from other suppliers due to an unforeseeable emergencies; or 

(3) where consistency of the items or compatibility of the services procured requires procurement of additional items or services
from the same supplier, provided that the total value of the additional procurement does not exceed 10 percent of the value of the
base procurement contract.  

Article 32  Inquiry about quotations may be adopted in accordance with this law for government procurement of those goods the
specifications and standards of which are uniform, the supply of which for spot transaction is sufficient and the prices of which
fluctuate very little.  

Chapter IV 

Government Procurement Proceedings 

Article 33  When the department in charge of departmental budgeting drafts the budget for the next fiscal year, the items to
be procured and the funds required shall be included in the budget and submitted to the financial department at the same level for
compilation. The departmental budget shall be subject to examination and approval conducted and granted within the limits of powers
of budgetary administration and in accordance with budgetary administration procedures.  

Article 34  Where invited bidding is adopted for the procurement of goods or services, the procuring entity shall randomly choose
three or more suppliers from among those that meet the qualifications required, and send invitation documents to them.  

Article 35  Where public invitation is adopted for the procurement of goods or services, the period of time beginning from the
date of issuance of the bid invitation documents to the deadline for submission of the bid documents by bidders shall be not less
than 20 days.  

Article 36  When one of the following circumstances arises in procurement through bid invitation, the bid proceeding shall be
annulled: 

(1) where there are less than three suppliers that meet the professional qualifications required or that have made substantive response
to the bid invitation documents; 

(2) where violations of laws or regulations occur to the detriment of impartial procurement;  

(3) where all the prices offered by the bidders exceed the budget for procurement so that the procuring entity can not afford them;
or  

(4) where the procurement project is cancelled due to major changes in circumstances. 

Once the bid proceeding is annulled, the procuring entity shall inform all the bidders of the reasons for the annulment.  

Article 37  After annulment, the bid proceedings shall be rearranged unless the procurement project is cancelled. Where it is
necessary to adopt other methods of procurement, the matter shall, before procurement starts, be subject to approval by the department
for supervision over procurement under the people’s government at or above the level of a city divided into districts or of an autonomous
prefecture, or by a relevant government department.     

Article 38  Where competitive negotiation is adopted for procurement, the following procedure shall be followed: 

(1) Setting up of a negotiation team. The team shall be composed of three or more representatives of the procuring entity and experts
in the relevant fields, the number shall be odd, and the number of experts shall be not less than two-thirds of the total. 

(2) Drafting of documents for negotiation. In the documents shall be clearly stated the negotiation procedure and contents, the terms
of a draft contract and the criteria for evaluating a deal concluded.  

(3) Deciding on the name list of the suppliers to be invited to participate in the negotiation. The negotiation team shall choose
not less than three suppliers from among all the qualified suppliers in the name list to participate in negotiation and provide them
with the documents for negotiation. 

(4) Negotiating. All members of the negotiation team together negotiate with the suppliers individually. In the course of negotiation,
neither side may disclose other suppliers’ technical data, prices or other information related to the negotiation. Where there are
any substantive changes made in the documents for negotiation, the negotiation team shall inform, in writing, all the suppliers participating
in the negotiation of the changes.  

(5)  Deciding on the successful supplier. Once the negotiation is concluded, the negotiation team shall request all the suppliers
participating in the negotiation to quote their final offering prices within a specified time limit. The procuring entity shall decide
on the successful supplier from among the candidates recommended by the negotiation team on the principle that the supplier meets
the need of procurement and that the price it quotes is the lowest among the prices quoted for goods of equal quality and for equal
services, and it shall inform all the unsuccessful suppliers that participate in the negotiation of the result. 

Article 39  Where the single-source procurement is adopted, the procuring entity and suppliers shall follow the principles provided
for by this Law in carrying out the procurement on the basis of guaranteed quality and the reasonable price agreed by both sides. 

Article 40  Where inquiry about quotations is adopted, the following procedure shall be followed: 

(1) Setting up of a quotation inquiry team. The team shall be composed of three or more representatives of the procuring entity and
experts in the relevant fields, the number shall be odd, and the number of the experts shall be not less than two-thirds of the total.
The team shall specify the composition of price for the items to be procured and the criteria for evaluating a deal concluded. 

(2) Deciding on the name list of the suppliers to be inquired of about quotations. The quotations inquiry team shall, on the basis
of the procurement need, choose not less than three suppliers from among all the qualified suppliers in the name list and send to
each of them a quotations inquiry notice to solicit their quotations. 

(3) Inquiry about quotations. The quotations inquiry team shall request the suppliers to be inquired of about quotations, to quote
their prices just for once, which are not to be changed. 

(4) Determining the successful supplier. The procuring entity shall determine the successful supplier on the principle that the supplier
meets the need of procurement and the price it quotes is the lowest among the prices quoted for goods of equal quality and equal
services, and it shall inform all the unsuccessful suppliers that are inquired of about quotations of the result.   

Article 41  The procuring entity or the entrusted procuring agency shall, before acceptance, make arrangements for inspection
of the fulfillment of the procurement contract on the part of the supplier. For large and complex procurement items, it shall invite
quality-testing institutions confirmed by the State to participate in the inspection. Members of the inspecting side shall sign their
names on the inspection report and shall bear corresponding legal responsibilities.  

Article 42  The procuring entity or the procuring agency shall properly keep all the procurement documents relating to the procurement
of each item, and it may not fabricate, forge, conceal or destroy such documents. The period of time for preservation of procurement
documents shall be not less than 15 years starting from the date the procurement is completed. 

The procurement documents include the records of procurement, procurement budget, bid invitation documents, bid documents, criteria
for bid evaluation, evaluation report, documents relating to decision on the awarding of a bid, contract text, inspection-acceptance
certificates, replies to queries, decisions on complaints handled and other related documents and data. 

The records of procurement shall, at least, include the following: 

(1) the types and names of the items to be procured; 

(2) the budget for procurement items, composition of funds and price fixed by contract; 

(3) the procurement method; where a method other than public invitation is adopted, the reasons shall be stated clearly; 

(4) qualification requirements and reasons for inviting or selecting suppliers;  

(5) criteria for bid evaluation and reasons for deciding on the winner of the bid;  

(6) reasons for canceling the bid proceeding; and  

(7) the records relating to adoption of the procurement method other than bid invitation. 

Chapter V 

Government Procurement Contract 

Article 43  The Contract Law is applicable to government procurement contract. The rights and obligations of the procuring entity
and the supplier respectively shall, on the principle of equality and voluntariness, be agreed on in a contract.  

The procuring entity may entrust a procuring agency with the conclusion, on its behalf, of a government procurement contract with
the supplier. Where the contract is signed by the procuring agency in the name of the procuring entity, the entrustment document
shall be submitted as an annex to the contract. 

Article 44  The government procurement contract shall be made in written form. 

Article 45  The department for supervision over government procurement under the State Council shall, in conjunction with the
relevant departments under the State Council, specify the provisions essential to government procurement contracts.  

Article 46  The procuring entity, the winner of the bid or the successful supplier shall, within 30 days from the date the notice
informing the said winner or supplier of their acceptance is sent out, sign a government procurement contract pursuant to the particulars
set in the procurement documents.   

The notice informing the winner of a bid or the successful supplier of their acceptance shall be legally effective to both the procuring
entity and the said winner or supplier. After the said notice is sent out, if the procuring entity alters the result regarding the
winner of a bid or the successful supplier, or the said winner or supplier gives up the project for which it wins the bid, it shall
bear legal responsibility in accordance with law.  

Article 47  Within seven working days beginning from the date the contract for government procurement items is concluded, the
procuring entity shall submit a copy of the contract to the department for supervision over government procurement at the same level
and a copy to the relevant department for the record. 

Article 48  Subject to consent of the procuring entity, the winner of the bid or the successful supplier may perform the contract
by subcontract in accordance with law. 

Where the government procurement contract is performed by subcontract, the winner of the bid or the successful supplier shall be
responsible to the procuring entity for both the whole procurement project and its subcontracted parts, while the subcontractors
shall be responsible for the subcontracted part. 

Article 49  If, when the government procurement contract is being performed, the procuring entity needs to procure additional
goods, construction or services of the same nature as those of the base government procurement contract, it may, on the premise that
no change is made in the other clauses of the contract, conclude a supplementary contract with the supplier, provided that the total
value of all the additional procurements does not exceed 10 percent of that of the principal contract. 

Article 50  No parties to the government procurement contract may, without authorization, alter, suspend or terminate the contract. 

Where continued performance of the government procurement contract is detrimental to the interests of the State or of the public,
the parties to the contract shall alter, suspend or terminate the contract. The party at fault shall bear the liability to pay compensation;
where both parties to the contract are at fault, each shall honor its own liability. 

Chapter VI 

Query and Complaint 

Article 51  Where suppliers have queries about matters regarding government procurement activities, they may raise the queries
to the procuring entity, the latter shall make a timely reply, in which no business secrets may be contained. 

Article 52  Where a supplier believes that the procurement documents, procurement proceeding or the results regarding the winner
of the bid or the successful supplier harm its own rights and interests, it may, within 7 working days from the date it knows or
should know that its rights and interests are harmed, raise queries to the procuring entity in writing. 

Article 53  The procuring entity shall, within seven working days from the date it receives the queries of the supplier in writing,
make a reply and notify in writing the supplier that raises the queries and the other suppliers concerned of the reply, in which
no business secrets may be contained. 

Article 54  Where a procuring agency is entrusted by the procuring entity with the procurement, the suppliers may address inquiries
or queries to the agency, which shall, pursuant to Articles 51 and 53 of this Law, make a reply regarding matters within the limits
of authorization given by the procuring entity.  

Article 55  Where the supplier that raises queries is not satisfied with the reply made by the procuring entity or the procuring
agency, or the latter fails to make a reply within the specified time limit, the supplier may, within 15 working days following the
expiration of the time limit, lodge a complaint with the department for supervision over government procurement at the same level. 

Article 56  The department for supervision over government procurement shall, within 30 working days after receiving the complaint,
make a decision after handling the complaint and inform in writing the complainant and the parties related to the complaint of its
decision. 

Article 57  Depending on the specific circumstances, the department for supervision over government procurement may, during
the period in which it is dealing with the complaint, notify in writing the procuring entity to suspend its procurement activities,
provided that the period of suspension does not exceed a maximum of 30 days. 

Article 58  Where the complaint is not satisfied with the decision made by the department for supervision over government procurement,
or the latter fails to make a decision within the specified time limit, the complainant may, in accordance with law, apply for administrative
reco

PROVISIONS ON THE ADMINISTRATION OF URBAN PLANNING SERVICE ENTERPRISE WITH FOREIGN INVESTMENT

The Ministry of Construction, the Ministry of Foreign Trade and Economic Cooperation

Decree of the Ministry of Construction of the People’s Republic of China and the Ministry of Foreign Trade and Economic Cooperation
of the People’s Republic of China

No.116

The Provisions on the Administration of Urban Planning Service Enterprise with Foreign Investment, which were adopted at the 65th
Executive Session of the Ministry of Construction on December 13, 2002, and adopted at the 2nd Ministerial Session of the Ministry
of Foreign Trade and Economic Cooperation on January 30, 2003, are hereby promulgated and shall enter into force on May 1, 2003.

Minister of the Ministry of Construction Wang Guangtao

Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guangsheng

February 13, 2003

Provisions on the Administration of Urban Planning Service Enterprise with Foreign Investment

Article 1

In order to further the opening to the outside world, to regulate the foreign companies, enterprises and other economic organizations
or individuals investing in urban planning service enterprises, and to strengthen the administration of the urban planning services
carried out by urban planning service enterprises with foreign investment, these Provisions have been formulated in accordance with
the Law of the People’s Republic of China on Enterprises with Foreign Investment, the Law of the People’s Republic of China on Chinese-foreign
Equity Joint Ventures, the Law of the People’s Republic of China on Chinese-foreign Contractual Joint Ventures, and the Law of the
People’s Republic of China on Urban Planning.

Article 2

These Provisions shall apply to the establishment of urban planning service enterprises with foreign investment within the People’s
Republic of China, to the application for the Certificate of Qualification of Enterprise with Foreign Investment for Urban Planning
Services, and to the supervision and administration of urban planning service enterprises with foreign investment.

Article 3

The urban planning service enterprises with foreign investment as used in these Provisions refer to the Chinese-foreign equity joint
ventures, Chinese-foreign contractual joint ventures and enterprises with foreign investment that are established in the People’s
Republic of China and undertake urban planning services. The urban planning services as used in these Provisions refer to the activities
of formulation and consultation of urban planning, excluding the overall urban planning.

Article 4

To undertake urban planning services in China, a foreign company, enterprise or other economic organization or individual must establish
a Chinese-foreign equity joint or contractual joint venture or enterprise with foreign investment pursuant to law, and obtain the
Certificate of Qualification of Enterprises with Foreign Investment for Urban Planning Services.No one may undertake urban planning
services without the Certificate of Qualification of Enterprises with Foreign Investment for Urban Planning Services.

Article 5

The administrative department of foreign trade and economic cooperation under the State Council shall be in charge of the administration
of the establishment of urban planning service enterprises with foreign investment; the administrative department of construction
under the State Council shall be in charge of the administration of the qualification of urban planning service enterprise with foreign
investment.The administrative departments of foreign trade and economic cooperation of the people’s governments of the provinces,
autonomous regions and municipalities directly under the Central Government shall be in charge of the preliminary examination of
the establishment of urban planning service enterprises with foreign investment within their respective administrative areas; the
administrative departments of urban planning of the local people’s governments at the county level and above shall be in charge of
the supervision and administration of the urban planning services carried out by urban planning service enterprises with foreign
investment within their respective administrative areas.

Article 6

For the establishment of a urban planning service enterprise with foreign investment, the following conditions must be met, apart
from the conditions provided for by the relevant laws and regulations of China on enterprises with foreign investment:

1.

The foreign party is an enterprise or professional technician engaging in urban planning services in its/his home country or region;

2.

Having 20 or more professional technicians specializing in urban planning, construction, road traffic, gardens and landscape, as well
as the relevant engineering etc, among whom, foreign professional technicians shall account for no less than 25% of all the professional
technicians, there shall be at least 1 foreign professional technician specializing in urban planning, construction, road traffic,
garden and landscape.

3.

Having technical equipment and fixed work site in conformity with the state provisions.

Article 7

To apply for the establishment of a urban planning service enterprise with foreign investment, a party shall apply for verification
and approval of the name of the enterprise with foreign investment to be established with the State Administration for Industry and
Commerce or the local administration for industry and commerce authorized thereby.

Article 8

After obtaining the approval for the name of the enterprises with foreign investment to be established, the applicant shall file the
application for establishment of urban planning service enterprise with foreign investment with the administrative department of
foreign trade and economic cooperation of the people’s government of the province, autonomous region or municipality directly under
the Central Government where the enterprise to be established is located, and submit the following materials:

1.

Application form for the establishment of enterprises with foreign investment signed by the legal representative of the investing
party;

2.

Feasibility study report, project proposal, as well as the scheme on establishment of the enterprise (including the professional personnel,
plans on technical equipment and area of the work site, etc) formulated or acknowledged by the investing party;

3.

Contract and articles of incorporation of the enterprises with foreign investment signed by the legal representative of the investing
party (only articles of incorporation are required in respect of an enterprises with foreign investment);

4.

Notice for preliminary verification and approval of the enterprise name;

5.

Certificate of legal person registration and bank credit certificate of the investing party;

6.

Documents of tenancy and certificates of the board chairman, directors, managers, and persons in charge of engineering and technology
to be dispatched by the investing party;

7.

Balance sheets and statements of gains and losses of the investing party of the last three years that have been audited by registered
accountants or accounting firms;

8.

Certificate of enterprise registration and bank credit certificate of the enterprise undertaking urban planning service of the country
or region where the foreign investor is located;

9.

Certificate of experience and achievements of urban planning services issued by the government authority or trades society, institute,
or notary agency of the country or region where the foreign investor is located.

Article 9

The administrative departments of foreign trade and economic cooperation of the people’s governments of the provinces, autonomous
regions and municipalities directly under the Central Government shall finish the preliminary examination within 30 days from accepting
the application; and if the approval is granted, submit the application to the administrative department of foreign trade and economic
cooperation under the State Council.

Article 10

The administrative department of foreign trade and economic cooperation under the State Council shall, within 10 days from receiving
the application materials that have passed the preliminary examination, submit such materials to the administrative department of
construction under the State Council for opinions. The administrative department of construction under the State Council shall present
the opinions within 30 days from receiving the application materials. The administrative department of foreign trade and economic
cooperation under the State Council shall, within 30 days from receiving the written opinions from the administrative department
of construction under the State Council, make the decision on whether to approve the application. If the approval is granted, the
certificate of approval shall be issued to the enterprises with foreign investment; if not, the reasons shall be explained in written
form.

Article 11

After obtaining the certificate of approval for enterprise with foreign investment, the applicant shall make the industrial and commercial
registration of enterprise pursuant to law, and draw the business license.

Article 12

After drawing the business license of enterprise as legal person, the applicant shall apply for the Certificate of Qualification of
Enterprise with Foreign Investment for Urban Planning Services with the administrative department of construction under the State
Council.

Article 13

The following materials shall be submitted for application for the Certificate of Qualification of Enterprise with Foreign Investment
for Urban Planning Services:

1.

Application form for the Certificate of Qualification of Enterprise with Foreign Investment for Urban Planning Services;

2.

Certificate of approval for enterprise with foreign investment;

3.

Business license of enterprise as legal person;

4.

Employment contracts and certificates of professional qualification of the professional technicians which have been put on record
by the department of labor and personnel;

5.

Materials on the technical equipment of the enterprise.

Article 14

A urban planning service enterprise with foreign investment shall, within 30 days after obtaining the Certificate of Qualification
of Enterprises with Foreign Investment for Urban Planning Services, put that on record with the administrative department of urban
planning of the city or county where it is registered.

Article 15

Where a urban planning service enterprise with foreign investment contracts any task of urban planning service of a place other than
its place of registration, it shall put that on record with the administrative department of urban planning of the city or county
where the task is located.

Article 16

The materials submitted by the applicant shall be in Chinese, if the certificates are in any foreign language, they must be accompanied
by Chinese translations.

Article 17

When undertaking urban planning services, a urban planning service enterprise with foreign investment must observe the relevant laws
and regulations, technical standards and criteria of China on urban planning.

Article 18

Every foreign technician employed by a urban planning service enterprise with foreign investment shall reside in China for no less
than 6 months per year.

Article 19

The administrative department of construction under the State Council shall conduct an annual inspection each year over the urban
planning service enterprises with foreign investment with the Certificate of Qualification of Enterprise with Foreign Investment
for Urban Planning Services. Those who failed to meet the qualification conditions, their Certificate of Qualification of Enterprise
with Foreign Investment for Urban Planning Services shall be withdrawn.

Article 20

Where a Chinese entity with the Certificate of Qualification of Entity for Formulating Urban Planning is restructured or reorganized
to form a Chinese-foreign equity joint or contractual joint urban planning service enterprise, it shall return its Certificate of
Qualification of Entity for Formulating Urban Planning.

Article 21

When a urban planning service enterprise with foreign investment is shutout, cancellation and terminate, it shall return its Certificate
of Qualification of Enterprises with Foreign Investment for Urban Planning Services.

Article 22

It is strictly prohibited to commission any task of urban planning service to an enterprise with foreign investment without the Certificate
of Qualification of Enterprises with Foreign Investment for Urban Planning Services. It is strictly prohibited to commission any
task of services relating to the overall urban planning to an enterprise with foreign investment.

Article 23

For those contracting urban planning service tasks without the Certificate of Qualification of Enterprise with Foreign Investment
for Urban Planning Services, the administrative department of urban planning of the local people’s government at the county level
or above shall order the offender to stop the illegal activities, and impose on it a fine from 10,000 yuan to 30,000 yuan. And the
relevant departments may not approve the illegal achievements.

Article 24

Where a urban planning service enterprise with foreign investment, in violation of these Measures, undertakes services of formulation
of the overall urban planning, the administrative department of urban planning of the local people’s government at the county level
or above shall order it to correct; if the circumstances are serious, the Certificate of Qualification of Enterprise with Foreign
Investment for Urban Planning Services shall be withdrawn by the department that issued it. Where a urban planning service enterprise
with foreign investment practices frauds and deceitfully obtains the Certificate of Qualification of Enterprise with Foreign Investment
for Urban Planning Services, the qualification certificate shall be withdrawn by the department that issued it.After withdrawing
the certificate of qualification, the department that issued it shall notify the registration department of the relevant information.
The enterprise whose qualification certificate has been withdrawn shall apply for nullification of registration with the registration
department; those failing to do so will be dealt with by the registration department pursuant to law.

Article 25

If any party, in violation of these Provisions, commissions any urban planning service task to an enterprise with foreign investment
without the Certificate of Qualification of Enterpriseswith Foreign Investment for Urban Planning Services, or commissions any overall
planning service task to a urban planning service enterprise with foreign investment, the department at the higher level shall correct
such act, and investigate for the administrative responsibilities of the relevant responsible personnel; and prosecute for the criminal
responsibilities if a crime is constituted.

Article 26

The power to interpret these Provisions shall remain with the administrative department of construction under the State Council and
the administrative department of foreign trade and economic cooperation under the State Council according to their respective functions.

Article 27

These Provisions shall be referred to in respect of the establishment of urban planning service enterprises in the mainland of China
by investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan.

Article 28

These Provisions shall enter into force on May 1, 2003.

 
The Ministry of Construction, the Ministry of Foreign Trade and Economic Cooperation
2003-02-13

 



CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION CONCERNING TAX ADMINISTRATION ON PERMANENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES

The State Administration of Taxation

Circular of the State Administration of Taxation Concerning Tax Administration on Permanent Representative Offices of Foreign Enterprises

GuoShuiFa [2003] No.28

March 12, 2003

National and district taxation offices at levels of province, autonomous region, municipality directly under the Central Government
and municipality separately listed on the State plan:

For the purpose of further standardizing the taxation administration on permanent representative offices of foreign enterprises, according
to the actual situations of the taxation administration on these representative offices, the issues on the implementation of the
Circular of the State Administration of Taxation Concerning Tax Administration on Permanent Representative Offices of Foreign Enterprises
(GuoShuiFa [1996] No.165) are hereby circularized in the following:

I.

About taxation registration and tax declaration of the representative offices

If foreign enterprises establish various permanent representative offices (hereinafter referred to as ROs) in China which deal with
various activities in China, these ROs shall make tax registration and declare their operations to the competent administrations
of taxation according to relative provisions in the Law of Taxation of People’s Republic of China. The ROs exempt from taxation in
the light of Item 2 of Article 1 of GuoShuiFa [1996] No.165 and other provisions may declare their annual operations within one
month after the end of the year.

II.

About tax levied on the ROs.

The ROs engaged in transactions with payable taxes in accordance of Item 1, Article 1 of GuoShuiFa [1996] No.165 shall calculate
and pay business taxes and enterprise income taxes according to the following regulations:

(1)

The ROs engaged in the transactions listed in Subitem 2, Item 1, Article 1 of GuoShuiFa [1996] No.165, including commercial operation,
law, taxation, accounting and auditing, shall establish and complete account books, correctly calculate incomes and taxable amounts,
and honestly declare the taxes.

(2)

For the ROs providing services that listed in Subitem 1,2 & 5 under Item 1 of Article 1 of GuoShuiFa [1996] No.165, including agenting
and trading (including trading own products and agenting others’ products), which businesses are mainly carried out by requests from
their headquarters without directly signing contracts or agreements with the service-receivers, the incomes from the services by
the ROs are usually collected by their headquarters. Such incomes of the ROs shall be determined via calculation of their expenditures
that will be the basis of levied taxes.

(3)

The ROs engaged in businesses listed in Item 1, Article 1 of GuoShuiFa [1996] No.165, except for the above-mentioned two kinds, shall
on schedule declare to the local competent taxation administrations based on their actual business incomes from their business activities,
including those collected by the headquarters. If there is no business income in current year, the RO may report its annual business
within one month after the end of current year.

III.

About tax exemption for ROs of foreign governments, international organizations, non-profitable institutions and nongovernmental organizations

For the ROs established by foreign governments, international organizations, non-profit institutions and nongovernmental organizations
in China, they (or their headquarters, or their higher levels) may apply to local competent taxation administrations (including local
district taxation administrations) for tax exemption, and provide the certificate documents issued by governments that testify their
natures. Such applications shall be validated by local taxation administration (including local district taxation administrations)
to report to the State Administration of Taxation for approval.

IV.

About administration and audit on ROs

(1)

Local taxation administrations shall strengthen the routine administrations on ROs and establish necessary communication systems to
include all ROs into their normal taxation administration.

(2)

The competent taxation administration shall carefully check the declaration documents submitted by the ROs, and carry out on-spot
audit when necessary. If any operation is found incompliance with that declared in the examination, ROs shall be disposed according
to the provisions of the Law of the People’s Republic of China on Administration of Levy and Collection of Taxes.

V.

This Circular shall enter into force as of July 1, 2003. If previous provisions are inconsistent with this Circular, this Circular
shall prevail.

 
The State Administration of Taxation
2003-03-12

 



1...181920...22Page 19 of 22

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...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

Disclaimer: There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Facebook
© LAWS.COM NETWORK 2023-2024