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INTERIM MEASURES ON THE MANAGEMENT OF FOREIGN DEBTS

The State Development Planning Commission, the Ministry of Finance, the State Administration of Foreign Exchange

Decree of the State Development Planning Commission, the Ministry of Finance, and State Administration of Foreign Exchange

No.28

The Interim Measures on the Management of Foreign Debts which are enacted with a view to regulating the act of raising foreign debts,
bringing more benefits from the use of foreign debt funds, and avoiding the risk of foreign debts, and are hereby promulgated and
shall come into effect as of March 1, 2003.

Director of the State Development Planning Commission Zeng Peiyan

Minister of the Ministry of Finance Xiang Huaicheng

Director of the State Administration of Foreign Exchange Guo shuqing

January 8, 2003

Interim Measures on the Management of Foreign Debts

Chapter I General Provisions

Article 1

The present Measures are enacted with a view to regulating the act of raising foreign debts, bringing more benefits from the use foreign
debt funds, and avoiding the risk of foreign debts.

Article 2

The term “foreign debt” as mentioned in the present Measures refers to the debts owed by domestic institutions to non-residents in
the form of foreign currency.

Article 3

“Domestic institutions” as mentioned in the present Measures refers to the permanent bodies established according to law in the territory
of China, including but not limited to the governmental organs, domestic financial institutions, enterprises, institutions and social
organizations.

Article 4

“Nonresidents” as mentioned in the present Measures refer to the institutions and natural persons abroad, and the nonpermanent institutions
established according to law in the territory of China.

Article 5

In accordance with the classification of the debts, foreign debts shall be divided into loans offered by foreign governments, loans
offered by the international financial organizations and international commercial loans.

1.

Loans offered by the foreign governments refer to the official credit raised by the Chinese government from foreign governments;

2.

Loans offered by the international financial organizations refer to the noncommercial credit which the Chinese government owes to
the World Bank, Asia Development Bank, Agricultural Development Funds of the United Nations and other international or regional financial
organizations; and

3.

International commercial loans refer to the commercial credit which the domestic institutions owe to the nonresidents, including:

(1)

loans raised from overseas banks or other financial organizations;

(2)

loans borrowed from overseas enterprises, or other financial organizations and natural persons;

(3)

medium-term or long-term bonds (including convertible bonds) issued by foreign banks or short-term bonds (including commercial negotiable
instruments, and large amount transferable deposit receipts);

(4)

the buyers’ credit, deferred payment and trade finance in other forms;

(5)

international financial leases;

(6)

foreign currency deposits of nonresidents;

(7)

debts repaid in cash in compensation trade; and

(8)

international loans of other categories.

Article 6

According to the responsibility for the repayment, foreign debts may be divided into sovereign debts and non-sovereign debts.

1.

The sovereign debts refer to the foreign debts borrowed by the institutions authorized by the State Council in the name of the state
and guaranteed with the state credit for the repayment; whereas

2.

The non-sovereign debts refer to other foreign debts except as of the sovereign debts.

Article 7

“Foreign guaranty” mentioned in the present Measures refers to the guaranty provided by the domestic institutions for the nonresidents
in accordance with the Guaranty Law of the People’s Republic China through means of surety, mortgage, and pledge. Potential obligations
for the repayment of the foreign debts resulting from the foreign guaranty shall be regarded as feasible foreign debts.

Article 8

The State shall conduct an overall control over all of the foreign debts and feasible foreign debts. The borrowing of foreign debts,
guaranty for foreign debts, and the usage and repayment of foreign debts shall comply with the provisions of relevant laws, rules
and regulations of the State and comply with the present Measures.

Article 9

The State Development Planning Commission, Ministry of Finance, and State Administration of Foreign Exchange are the departments responsible
for the administration of foreign debts.

Chapter II Raising of Foreign Debts and Foreign Guaranty

Article 10

According to the need of the national economy and social development, and the conditions of the international income and expenses
and capacity of bearing foreign debts, the State Development Planning Commission shall, jointly with other relevant departments,
draw up the State’s plan for the borrowing of foreign loans, and rationally determine the overall amount of foreign debts and the
standards of their structural adjustment and control.

Article 11

The State shall, in compliance with the category of foreign debts, liability for repayment, and the nature of the borrowers, effect
separate management on foreign debts.

Article 12

Loans provided by international financial organizations or foreign governments shall be borrowed by the State in a consolidated way.

The State Development Planning Commission shall, jointly with other relevant departments like the Ministry of Finance, make overall
plans for loan projects to be chosen provided by the World Bank, Asia Developing Bank, Agricultural Development Funds of the United
Nations, and foreign governments; the Ministry of Finance shall, in accordance with the overall plans, organize the foreign negotiation,
consultation and conclusion of loan agreements, and the direct relending or relending through the relevant financial institutions
to the domestic debtors. The plans for the loan projects to be chosen provided by the World Bank, Asia Developing Bank, Agricultural
Development Funds of the United Nations, and some key foreign governments shall undergo approval by the State Council.

Article 13

Where the Ministry of Finance, in the name of the State, issues bonds abroad, the Ministry shall report to the State Council for approval,
which shall be included in the plans of foreign loans. Medium-term or long-term bonds issued by any other domestic institutions abroad
shall be subject to examination and verification by the State Development Planning Commission and Ministry of Finance, which shall
report the bonds to the State Council for approval.; short-term bonds issued abroad shall be subject to examination and approval
by the State Administration of Foreign Exchange; where the issue of short-term bonds is scrolled, the issue shall be subject to the
joint approval by the State Administration of Foreign Exchange and State Development Planning Commission and Ministry of Finance.

Article 14

With regard to the medium-term or long-term international commercial loans which national commercial banks raise, the State shall
enforce a balance control; the balance shall be subject to the examination and verification of the State Development Planning Commission
and other relevant departments, and then shall be reported to the State Council for examination and approval.

Article 15

Long-term or middle-term international commercial loans borrowed by domestic institutions such as enterprises with Chinese capital
shall be subject to approval by the State Development Planning Commission.

Article 16

With regard to the short-term international commercial loans which domestic institutions with Chinese capital raise, the State shall
exert a balance control; the balance be subject to examination and approval by the State Administration of Foreign Exchange.

Article 17

With regard to the foreign debts raised by foreign-capital financial institutions within China, the State shall enforce an administration
on the total amount. Measures on the administration shall be separately enacted.

Article 18

The summation of the accumulated medium-term and long-term debts borrowed by enterprises with foreign investment and the balance of
short-term debts shall not exceed the surplus between the total investment in projects approved by the verifying departments and
the registered capital.

Within the range of the surplus enterprises with foreign investment may borrow foreign loans at their own will. If the loans exceed
the surplus, the total investment in projects shall be reexamined by the original examination and approval departments.

Article 19

Foreign guaranty provided by domestic institutions for foreign debts shall be in compliance with the State’s laws, rules and regulations
and the relevant provisions of the State Administration of Foreign Exchange.

Article 20

Domestic institutions shall not provide guaranty for non-business external organizations.

Article 21

Without approval of the State Council, no governmental organs, social organizations or institutions shall raise foreign loans or provide
foreign guaranty.

Article 22

After a domestic institution has concluded a contract for foreign loans or providing foreign guaranty, it shall, in accordance with
relevant provisions, apply to the foreign exchange administration departments for registration. Contracts for international commercial
loans or contracts for the corresponding guaranty shall not enter into force until they are registered.

Chapter III Use of the Foreign Debt Capital

Article 23

Foreign debt funds shall be used in the economic development and structural adjustment of the stored foreign debts.

Article 24

Favorable foreign medium-term or long-term loans such as loans provided by the international financial organizations or foreign governments
shall be mainly used in the infrastructure and construction projects for public welfare, with preference to the western part of China.

Article 25

Medium-term or long-term international commercial loans shall be mainly used for introduction of advanced technology and equipment,
and for the adjustment of the structure of industries and structure of foreign debts.

Article 26

Medium-term or long-term foreign debt capital borrowed by domestic institutions shall, strictly according to the approved purposes,
be rationally used, and shall not be diverted for other purposes. Any necessary change of the purposes of use shall be subject to
approval through the original procedures.

Article 27

Short-term debts borrowed by domestic enterprises shall be mainly used as circulating funds, which shall not be used for medium-term
or long-term purposes such as in fixed assets.

Article 28

Where investment projects of fixed assets are funded with foreign debt capital, legal person responsibility system of a key project
shall be practiced so as to make the legal persons of the project responsible for the benefit of the use of the foreign debt capital.

If, in accordance with the Law of the People’s Republic of China on Bid Invitation and Bidding and the relevant provisions prescribed
by foreign organizations which lend the money, any purchase must be conducted through bid invitation; the bid invitation shall be
handled in strict accordance to the relevant provisions.

Article 29

Foreign debts regulatory departments shall be responsible for the administration and supervision of the use of foreign debt capital.

Article 30

The State Development Planning Commission shall, in accordance with the provisions of the Regulations on the Check of the Important
National Construction Projects, shall send specials to key national construction projects which are funded with foreign debt capital,
and shall perform inspection on the implementation of the projects and usage of the debts.

Chapter IV Repayment of Foreign Debts and Management of Risk

Article 31

Sovereign foreign debts shall be repaid by the State uniformly. If the sovereign foreign debt capital is relent to domestic debtors
directly by the Ministry of Finance or through financial institutions, the domestic debtors shall be liable for repayment of the
debts to the Ministry of Finance or to the financial institutions which handle the relending.

Article 32

Non-sovereign foreign debts shall be subject to the responsibility of the debtors themselves for risk and repayment.

Article 33

Debtors may fulfill the repayment of the debts with the foreign exchanges which they possess, or upon verification and approval by
foreign exchange regulatory departments, with foreign exchanges purchased with Renminbi.

Article 34

With respect to the debts which a debtor fails to repay, if there is a surety, the surety shall be responsible for the repayment of
the debts.

Article 35

If the surety needs, pursuant to the provisions of the contract for surety, to perform the obligation of repayment of the debts for
the debtor, the surety shall apply to the foreign exchange regulatory departments for verification for the performance of the contract
for surety.

Article 36

Debtors shall reinforce the management on the risk of foreign debts, and adjust and optimize the debt structure.

On the premise that the range of the original debts is not enlarged, debtors may, upon examination and approval of the State Development
Planning Commission, reduce the cost of foreign debts and optimize the their structure by means of repayment of foreign debts at
a higher cost with foreign debts borrowed at a lower cost. Therein, if the sovereign foreign debts are concerned, examination and
approval by the Ministry of Finance shall be needed.

Article 37

Debtors may, for the purpose of evasion of risk, entrust competent financial institutions to use financial tools to evade the exchange
rate risk and interest rate risk of the foreign debts.

Chapter V Supervision and Administration on Foreign Debts

Article 38

Foreign debt regulatory departments shall, pursuant to the laws, rules and regulations, and the relevant provisions of the present
Measures, conduct supervision and administration on foreign debts and foreign guaranty.

Article 39

When the foreign debt regulatory departments perform duties and responsibilities of supervision and administration, they are enpost_titled
to demand the debtors and relevant units to offer information concerned, check the bills and capital.

Article 40

If a domestic institution fails to perform the procedures of examination and approval or to fulfill the registration according to
the relevant provisions when it raises foreign debts or provides foreign guaranty, the contracts for loans or guaranty which it concludes
shall not be legally binding.

Article 41

Foreign debts or guaranty, which are not embodied in the form of contracts for foreign debts or guaranty, but actually constitute
obligations or potential obligations of repayment of foreign debts, shall be subject to the supervision and administration on foreign
debts according to the present Measures.

Article 42

Violation of the principle of pooling of interest and joint assumption of risk shall be forbidden so as to ensure that the direct
foreign investors will not raise foreign debts disguisedly by means of fixed return.

Article 43

Without approval by the foreign debts regulatory departments, overseas enterprises with Chinese capital shall not transfer the risk
of their foreign debts or obligations of repayment to domestic enterprises.

Article 44

If financial institutions operating foreign exchange business find any act that violates the present Measures in the course of opening
foreign exchange and foreign debts accounts, and handling the business of foreign exchange, they shall timely submit report to the
foreign debts regulatory departments concerned, and shall cooperate with the regulatory departments to carry out investigations.

Article 45

The foreign debt regulatory departments shall pay strict attention to the trends of the foreign debts, establish and perfect an overall
early warning system.

Article 46

The State Administration of Foreign Exchange shall be responsible for the monitoring of foreign debts through statistics, and regularly
publicize the statistical data of the foreign debts.

Article 47

If any domestic institution, in violation of the present Measures, raises foreign debts or provides foreign guaranty, its competent
department shall impose administrative sanction on the persons directly in charge or the other persons directly responsible. If the
offense constitutes a crime, criminal liability shall be pursued according to law.

Article 48

If a staff member of the foreign debt regulatory department engages in malpractices for personal gain, abuses his power or neglect
his duty, the department for which he works shall impose an administrative sanction on him. If the offense constitutes a crime, the
offender shall be subject to criminal liabilities.

Chapter VI Supplementary Provisions

Article 49

Loans raised by domestic institutions from the Special Administrative Regions of Hongkong and Macau, and from the Region of Taiwain
and guaranty provided for them, shall be subject to administration with reference to the present Measures.

Article 50

Foreign debts regulatory departments shall, according to the present Measures, enact and perfect the relevant regulations for the
implementation of the present Measures.

Article 51

The present Measures shall be subject to interpretation of the State Development Planning Commission, Ministry of Finance, and State
Administration of Foreign Exchange.

Article 52

The present Measures shall enter into force as of March 1, 2003.



 
The State Development Planning Commission, the Ministry of Finance, the State Administration of Foreign Exchange
2003-01-08

 






CIRCULAR OF THE SPC ON THE STRINGENT ENFORCEMENT OF REGULATIONS FOR PUNISHMENT IN THE JUDGES LAW

Circular of the SPC on the Stringent Enforcement of Regulations for Punishment in the “Judges’ Law of the PRC

     post_title of Laws, Regulations, or Judiciary Interpretation: Circular of the Supreme People’s Court on the Stringent Enforcement of Regulations
for Punishment in the “Judges’ Law of the People’s Republic of China”

Promulgating Organ: The Supreme People’s Court

Date of Promulgation: February 27, 2003

Date of Implementation: February 27, 2003

Applicable Scope: Activities to carry out the “Judges’ Law of the People’s Republic of China”

Major Contents: This circular stipulates the necessity of fully understanding the solemn disciplines, while emphasizing that all
judges are required to practically improve disciplinary consciousness, and to use strict and impartial law and discipline to restrict
and regulate their functions and conduct. This circular also supervises towards healthy inspection and supervision system to firmly
grab hold for practicality, reinforce leadership responsibility system, supervise one level after another, and seriously investigate
and punish relevant issues such as cases in violation of the law and discipline, and the scope of application of this circular.

Appendix: Articles on reprimanding of the “Judges’ Law of the People’s Republic of China”

    





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

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

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

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

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

Taiwan Affairs Office of the State Council

The Ministry of Civil Affairs

March 20,2003

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

Article 1

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

Article 2

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

Article 3

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

Article 4

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

Article 5

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

(1)

Developing association and communication activities;

(2)

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

(3)

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

(4)

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

(5)

Hosting social and commonweal activities;

(6)

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

Article 6

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

Article 7

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

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

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

Article 8

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

(1)

In a region where there mass ETCs;

(2)

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

(3)

A fixed operation site;

(4)

Full-time staff suitable for developing operation activities;

(5)

Legal fund sources.

(6)

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

Article 9

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

Article 10

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

(1)

Directing the activities performed by AETCs’ according to laws;

(2)

Assisting AETCs in communicating with local governments and relevant administrations;

(3)

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

(4)

Assisting AETCs in organizing trainings on laws and economic operations;

(5)

Providing assistance to the commonweal activities hosted by AETCs;

(6)

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

(7)

Providing other necessary assistances.

Article 11

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Good in health, capable of routine job.

(6)

Not a legal representative of any other association; and

(7)

With full capacity for civil conduct.

Article 12

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

Article 13

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

Article 14

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

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

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

Article 15

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

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

Article 16

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

Article 17

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

Article 18

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

Article 19

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

Article 20

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

Article 21

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



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

 






PROVISIONS FOR IDENTIFICATION AND PROTECTION OF WELL-KNOWN TRADEMARKS

The State Administration for Industry and Commerce

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

No.5

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

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

April 17, 2003

Provisions for Identification and Protection of Well-known Trademarks

Article 1

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

Article 2

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

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

Article 3

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

1.

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

2.

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

3.

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

4.

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

5.

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

Article 4

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

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

Article 5

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

Article 6

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

1.

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

2.

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

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

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

Article 7

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

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

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

Article 8

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

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

Article 9

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

Article 10

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

Article 11

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

Article 12

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

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

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

Article 13

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

Article 14

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

Article 15

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

Article 16

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

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

Article 17

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



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

 






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






The Ministry of Commerce, the State Administration of Customs

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

[2003] No. 23

June 5, 2003

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

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

￿￿

Before adjustment

After adjustment

Name of general commodity category

Commodity code

Commodity name

Name of general commodity category

Commodity code

Commodity name

Rush family and its products

14019030

Rush family cleaned, bleached or dyed

Fragrant thoroughwort and its products

14019030.10

Fragrant thoroughwort cleaned, bleached or dyed

46012021.10

Other mats made of rush family materials

46012021.11

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

46012021.20

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

46012021.12

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

94042100.10

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

94042100.10

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

￿￿



MEASURES FOR ADMINISTRATIVE PUNISHMENT OF COAL MINES SECURITY SUPERVISION

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

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

No. 4

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

The State Supervision Bureau of Security Production

The State Bureau of Security Supervision of Coal Mines

July 2, 2003

Measures for Administrative Punishment of Coal Mines Security Supervision

Article 1

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

Article 2

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

Article 3

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

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

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

Article 4

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

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

Article 5

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

Article 6

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

(I)

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

(II)

Order to meet the requirements in time schedule specified;

(III)

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

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

Article 7

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

(I)

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

(II)

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

Article 8

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

Article 9

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

Article 10

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

Article 11

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

Article 12

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

(I)

no use of special explosive-resistance electric equipment;

(II)

no use of special explosion devices;

(III)

no use of person-specific lifting containers;

(IV)

lighting by open fire or open electricity.

Article 13

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

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

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

(III)

Other acts of serious circumstances.

Article 14

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

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

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

(III)

Other acts of serious circumstances.

Article 15

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

(I)

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

(II)

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

(III)

Electrical operations by people other than those on duty;

(IV)

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

Article 16

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

Article 17

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

Article 18

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

Article 19

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

Article 20

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

Article 21

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

Article 22

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

Article 23

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

Article 24

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

Article 25

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

(I)

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

(II)

Provision of false statements;

(III)

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

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

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

(III)

Other acts of serious circumstances.

Article 26

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

(I)

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

(II)

Forgery and intentional destruction of the site of the incidents;

(III)

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

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

Occurrence of materials incidents of injuries or death;

(III)

Small number of death but with serious damages or destructions;

(IV)

Severe nature with big social influences; and

(V)

Other acts of serious circumstances.

Article 27

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

Article 28

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

Article 29

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

Article 30

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

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

 



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

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

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

HuiFa[2003] No.102

August 28, 2003

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

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

I.

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

II.

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

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

1.

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

2.

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

3.

He is a government leader visiting a foreign country.

4.

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

5.

Other particular circumstances.

III.

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

IV.

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

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

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

Article 1

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

Article 2

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

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

“Cash” means a paper and coin foreign currency;

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

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

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

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

Article 3

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

Article 4

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

Article 5

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

1.

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

2.

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

3.

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

Article 6

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

1.

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

2.

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

Article 7

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

Article 8

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

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

Article 9

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

Article 10

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

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

Article 11

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

Article 12

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

Article 13

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

Article 14

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

Article 15

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

Article 16

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

Article 17

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

Article 18

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

Article 19

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

Article 20

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

Attachment:

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

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

3. Proof of Reapplication (Omitted)

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



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

 






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

The Ministry of Commerce

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

No.51

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

Ministry of Commerce

September 28,2003

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

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

I.

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

II.

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

A.

Palm oil

1

It shall be a State-run trading enterprise;

2

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

3

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

4

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

5

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

B.

Bean oil

1

It shall be a State-run trading enterprise;

2

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

3

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

4

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

5

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

C.

Colza oil

1

It shall be a State trading enterprise;

2

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

3

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

4

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

5

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

D.

Sugar

1

It shall be a State-run trading enterprise;

2

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

3

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

4

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

5

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

III.

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

A.

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

B.

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

IV.

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

V.

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

VI.

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

Annex:

1.

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

2.

Application form of the import customs quota on the agricultural productions



 
The Ministry of Commerce
2003-09-28

 






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

State Administration of Taxation

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

GuoShuiHan [2003] No. 1158

October 22nd, 2003

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

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

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

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



 
State Administration of Taxation
2003-10-22

 






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

General Office of the Ministry of Commerce

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

Shang He Zi [2003] No. 39

November 28, 2003

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

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

I.

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

II.

Requirements for an enterprise filing an application

1.

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

2.

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

3.

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

III.

The documents required for the application

1.

Photocopy of the business license of an enterprise;

2.

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

3.

Registration Form of Foreign Investment Intention of Enterprises.

IV.

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

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

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

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

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

V.

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

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

Attachment: Registration Form of Foreign Investment Intention of Enterprises.

htm/e03289.htmAttachment

￿￿

Attachment:

 Registration Form of Overseas Investment Intention of Enterprises

￿￿

Name of Enterprises￿￿

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

Contact Person for the Project￿￿

Telephone￿￿                                                             Fax￿￿

Email￿￿                                                                                                                     
    Address￿￿

Investment Industry￿￿

Continent of Investment￿￿

Country of Investment￿￿

Total Investment￿￿

Investment of the Chinese Party￿￿

Ways of Investment￿￿

Name of Products￿￿                                                                     
Production Scale￿￿

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

￿￿

Brief Introduction to the Strengthen of the Chinese Enterprise￿￿

￿￿

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

￿￿

￿￿

￿￿

￿￿

Date￿￿￿￿Month￿￿￿￿Year

Remarks:

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

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

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



123...22Page 2 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

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