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MEASURES FOR ELECTION OF DEPUTIES FROM THE CHINESE PEOPLE’S LIBERATION ARMY TO THE NATIONAL PEOPLE’S CONGRESS AND LOCAL PEOPLE’S CONGRESSES AT OR ABOVE THE COUNTY LEVEL

The Measures for Election of Deputies from the Chinese People’s Liberation Army to the National People’s Congress and Local People’s
Congresses at or Above the County Level

     CHAPTER I GENERAL PROVISIONS CHAPTER II ELECTION COMMITTEES CHAPTER III DECISION ON AND ALLOCATION OF THE NUMBER OF DEPUTIES CHAPTER
IV ELECTORAL DISTRICTS AND ELECTORAL UNITS CHAPTER V NOMINATION OF CANDIDATES FOR DEPUTIES CHAPTER VI ELECTION PROCEDURE CHAPTER
VII SUPERVISION OVER AND RECALL OF DEPUTIES AND BY-ELECTION CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 1 The Measures are enacted in accordance with the relevant provisions of the Constitution of the People’s Republic of China and the
Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China.

   Article 2 Members of the Chinese People’s Liberation Army on active service and other persons who take part in election in the PLA shall, according
to these Measures, elect their deputies to the National People’s Congress or local people’s congresses at or above the county level.

   Article 3 An election committee shall be established for the PLA as a whole and for any PLA unit at or above the regimental level.

The PLA Election Committee shall direct the election work of the entire PLA. Election committees at other levels shall conduct the
election work of the units at their own levels respectively.

   Article 4 The servicemen committees of companies and other grassroots units shall conduct the election work of their own units.

   Article 5 Members of the PLA on active service, persons who have retired from active service and for whom arrangements have been made in the
PLA or who are waiting to be transferred to local governments for arrangements, workers and office staff serving in the PLA, and
other persons who are administratively affiliated to the PLA, shall take part in election in the PLA.

Family members of officers who live together with the officers may, with the approval of the election committee or the servicemen
committee, take part in election in the PLA, if it is difficult for them to take part in local election because the residential area
of the local inhabitants is far from the place where the PLA unit is stationed.

   Article 6 PLA representatives stationed in civilian factories or railway, water transport or scientific research institutions, and PLA members
studying at civilian colleges and schools may take part in local election.

   Article 7 All the persons listed in Article 5 of these Measures who have reached the age of 18 shall qualify as voters and have the right to
vote or stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property
status or length of residence.

Persons who have been deprived of political rights according to law shall have no right to vote or stand for election.

Persons who suffer from mental illness and are incapable of exercising their electoral rights, when verified by an election committee
as such, shall not take part in election.

   Article 8 The members composing the PLA Election Committee shall be subject to approval of the Standing Committee of the National People’s
Congress. The members composing the election committee at any other level shall be subject to approval of the election committee
at the next higher level.

Election committees at lower levels shall be subject to the direction of election committees at higher levels.

   Article 9 The PLA Election Committee shall be composed of nine to fifteen members, including one chairman and one to three vice-chairmen. An
election committee at any other level shall be composed of five to eleven members, including one chairman and one or two vice-chairmen.

   Article 10 The election committee at or above the regimental level shall organize and guide the election work of the subordinate units, and
do the following:

(1) examine the qualifications of the delegates to the servicemen congress;

(2) fix the date for election;

(3) publish the list of candidates for deputies to the people’s congress;

(4) preside over balloting at the servicemen congress or the servicemen assembly at the corresponding level; and

(5) preside over the servicemen congress or the servicemen assembly when recalling deputies to the people’s congress or holding a
by-election and accept resignations of deputies.

   Article 11 The election committee at any level shall establish an office to handle specific routine matters related to election at that level.

The office shall be affiliated to the political department, and its staff members shall be determined by the election committee itself.

CHAPTER III DECISION ON AND ALLOCATION OF THE NUMBER OF DEPUTIES

   Article 12 The number of deputies to be elected from the PLA to the National People’s Congress shall be decided by the Standing Committee of
the National People’s Congress.

   Article 13 The number of deputies to the National People’s Congress to be elected by the PLA general departments, units at the level of major
military command and the General Office of the Central Military Commission shall be allocated by the PLA Election Committee.

   Article 14 The number of deputies to the local people’s congresses at or above the county level to be elected by PLA units stationed in different
places shall be decided by the standing committees of the people’s congresses of the places where the PLA units are stationed.

Matters concerning election shall be decided respectively by the provincial military command, the garrison command, the military subcommand
or the arm-the-people department through consultation with the standing committee of the people’s congress of the place where it
is stationed; where a major military command is located in a province, autonomous region or municipality directly under the Central
Government, such matters shall be decided exclusively by the major military command through consultation with the standing committee
of the people’s congress of the province, autonomous region or municipality directly under the Central Government.

CHAPTER IV ELECTORAL DISTRICTS AND ELECTORAL UNITS

   Article 15 Deputies to the people’s congress at the county level from stationed PLA units shall be elected directly in the electoral district
by the PLA members on active service and other persons qualified to take part in election in the PLA who are stationed in that administrative
region. Electoral districts shall be zoned according to the distribution of the PLA units stationed in that administrative region.

The zoning of electoral districts shall be decided on the basis of one to three deputies to be elected from each electoral district.

   Article 16 Deputies to be elected by stationed PLA units to the people’s congresses of cities divided into districts, autonomous prefectures,
provinces, autonomous regions and municipalities directly under the Central Government shall be elected at the servicemen congresses
convened by units at or above the regimental level.

Deputies to the National People’s Congress shall be elected at the servicemen congresses convened by the general departments, units
at the level of major military command and the General Office of the Central Military Commission.

   Article 17 Delegates to the servicemen congress of the unit at or above the divisional level shall be elected at the servicemen congress at
the next lower level. Where no servicemen congress is held by the unit at the next lower level, the delegates shall be elected at
the servicemen assembly.

Delegates to the servicemen congress of the unit at the brigade or regimental level shall be elected at the servicemen assemblies
convened by the companies and other grassroots units.

Servicemen congresses shall be convened by election committees; servicemen assemblies shall be convened by election committees or
servicemen committees.

CHAPTER V NOMINATION OF CANDIDATES FOR DEPUTIES

   Article 18 Candidates for deputies to be elected by the PLA to the National People’s Congress and local people’s congresses at or above the
county level shall be nominated on the basis of electoral districts or electoral units.

Organizations of the Communist Party of China at various levels in the PLA may recommend candidates for deputies. A group of at least
ten voters or ten delegates of the servicemen congress may also recommend candidates. Those who submit recommendations shall provide
information to the election committee or the servicemen committee on the backgrounds of the candidates.

   Article 19 The number of candidates for deputies shall be greater than the number of deputies to be elected.

The number of candidates for deputies to be directly elected by the voters shall be from one-third to one hundred percent greater
than the number of deputies to be elected; the number of candidates for deputies to be elected by the servicemen congress shall be
from 20 to 50 percent greater than the number of deputies to be elected.

   Article 20 The election committee or the servicemen committee shall collect the list of candidates for deputies directly elected by the voters
and publish it, 20 days prior to the date of election, for repeated deliberation, discussion and consultation by the voters of the
electoral district, and shall, in accordance with the opinion of the majority of voters, decide upon a formal list of candidates
to be made public five days prior to the date of election.

When the servicemen congress at or above the regimental level is to elect deputies to the people’s congress, the time for nominating
and deliberating candidates for such deputies shall not be less than two days. The election committee at the said level shall print
and distribute the list of candidates for deputies nominated according to law to all the delegates to the servicemen congress for
deliberation and discussion. If the number of nominees conforms to the proportion for competitive election as provided in Article
19 of these Measures, balloting shall be held directly. If the number of nominees exceeds the maximum proportion for competitive
election as provided in Article 19 of these Measures, preliminary election shall be held. By order of the number of votes that the
nominees have obtained in the preliminary election, a formal list of candidates shall be decided upon in agreement with the specific
proportion for competitive election as is determined by the servicemen congress at the said level.

   Article 21 When a servicemen congress is to elect deputies to the National People’s Congress and local people’s congresses at or above the county
level, the candidates for deputies shall not be limited to the current delegates to the servicemen congress.

   Article 22 The election committee or the servicemen committee shall give information about the candidates’ backgrounds.

Organizations or individuals may, at group meetings of voters or of delegates to the servicemen congress, give information about backgrounds
of the candidates they nominate. However, it must stop on the day of election.

   Article 23 Where deputies are to be directly elected, the election in each electoral district shall be conducted by convening servicemen assembly
or setting up polling stations or providing mobile polling boxes. Balloting shall be presided over by the servicemen committee or
the election committee.

Balloting to be held at the servicemen congress shall be presided over by the election committee.

   Article 24 Deputies from the PLA to the National People’s Congress and local people’s congresses at or above the county level shall be elected
by secret ballot.

A voter who cannot fill out his ballot due to disability or other reasons may ask another person he trusts to do it for him.

   Article 25 A voter who is absent during the time of an election may, with the approval of the servicemen committee or the election committee,
entrust another voter with a proxy vote. A voter shall not stand proxy for more than three persons.

   Article 26 A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.

   Article 27 When balloting has been concluded, scrutineers and vote- counters elected by the voters or by the delegates to the servicemen congress,
and members of the election committee or of the servicemen congress shall check the number of people who voted against the number
of votes cast and make a record of it; the record shall be signed by scrutineers.

   Article 28 An election shall be null and void if the number of votes cast is greater than the number of people who voted, and it shall be valid
if the number of votes cast is equal to or less than the number of people who voted.

A ballot shall be null and void if the number of candidates voted for is greater than the number of deputies to be elected, and it
shall be valid if the number of candidates voted for is equal to or less than the number of deputies to be elected.

   Article 29 In a direct election, the election shall be valid if more than half of all the voters in an electoral district cast their votes.
Candidates for deputies shall be considered elected only when they have obtained more than half of the votes cast by the voters who
take part in the election.

In an election held by the servicemen congress, candidates for deputies shall be considered elected only when they have obtained more
than half of the votes cast by all the delegates.

   Article 30 Where the number of the candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the
ones who have obtained more votes shall be considered elected. Where the number of votes for some candidates is tied, making it impossible
to determine the ones to be elected, another balloting shall be conducted for these candidates to resolve the tie, and the ones who
have obtained more votes shall be considered elected.

Where the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected,
another election shall be held to make up the difference. When another election is held, the name list of candidates shall, by order
of the number of votes they have obtained in the first balloting, be determined in accordance with the proportion for competitive
election as provided in Article 19 of these Measures. If only one deputy is to be elected, the number of candidates shall be two.

When another election is held to elect deputies to a people’s congress at the county level in accordance with the provisions in the
preceding paragraph, the candidates who have obtained more votes shall be considered elected; however, the number of the votes they
have obtained shall not be less than one-third of the votes cast. When another election is held by the servicemen congress at or
above the regimental level to elect deputies to the people’s congresses of a city divided into districts, an autonomous prefecture,
province, autonomous region or municipality directly under the Central Government or to the National People’s Congress, the candidates
shall be considered elected only when they have obtained more than half of the votes cast by all the delegates to the servicemen
congress.

   Article 31 The election committee or the servicemen committee shall determine, in accordance with the provisions in these Measures, whether
or not the result of an election is valid and shall announce it accordingly.

CHAPTER VII SUPERVISION OVER AND RECALL OF DEPUTIES AND BY-ELECTION

   Article 32 All deputies elected from the PLA to the National People’s Congress and local people’s congresses at or above the county level are
subject to supervision by the voters and the electoral units which elected them. Both the voters and electoral units shall have the
right to recall the deputies elected by them.

   Article 33 With respect to deputies to the people’s congress at the county level, a group of at least ten voters in the electoral district may
submit a demand in writing to the election committee at the brigade or regimental level for the recall of a deputy they elected.

In a demand for the recall of a deputy, the reasons for the recall shall be clearly stated. The deputy proposed to be recalled shall
have the right to defend himself at the servicemen assembly or may present a written statement in his own defence.

The election committee at the brigade or regimental level shall print and distribute the demand for the recall of a deputy and the
written defence of the deputy proposed to be recalled to the voters in the electoral district from which he was elected.

When the demand for the recall is put to vote, the election committee at the brigade or regimental level shall preside over it.

   Article 34 When a servicemen congress is in session, an election committee at or above the regimental level may submit a proposal for the recall
of a deputy to the people’s congress who was elected by the servicemen congress. In such a proposal, the reasons for the recall shall
be clearly stated.

When a servicemen congress is in session, the deputy proposed to be recalled shall have the right to defend himself or submit a written
defence. The proposal for the recall shall be put to vote after it is examined by the congress.

   Article 35 The proposal for the recall of a deputy shall be voted by secret ballot.

   Article 36 The recall of a deputy to the people’s congress at the county level shall be subject to adoption by a majority vote of the voters
in the electoral district from which the deputy was elected.

The recall of a deputy elected at a servicemen congress to the people’s congress shall be subject to adoption by a majority vote of
the delegates to that servicemen congress.

The resolution on the recall shall be reported for the record to the standing committee of the people’s congress at the corresponding
level and to the PLA election committee at the next higher level.

   Article 37 Deputies elected from the PLA to the people’s congress of a city divided into districts, an autonomous prefecture, province, autonomous
region or municipality directly under the Central Government or to the National People’ Congress may submit their written resignations
to the election committees of the electoral units that elected them. Deputies elected from the PLA to the people’s congress at the
county level may submit their written resignations to the election committees or servicemen committees of the electoral districts
from which they were elected. When the request of a deputy for resignation is granted by a servicemen congress or by a servicemen
assembly, the matter shall be reported for the record to the standing committee of the people’s congress at the corresponding level
and to the PLA election committee at the next higher level.

   Article 38 If a deputy’s post becomes vacant for some reason during his term of office, the electoral district or electoral unit which elected
him shall hold a by-election to fill the vacancy.

If a deputy elected from the PLA to a local people’s congress at or above the county level is transferred out of his administrative
region during his term of office, he is automatically disqualified as deputy and a by-election shall be held to fill the vacancy.

When a by-election is conducted to fill the vacant posts of deputies, the number of candidates may be greater than or equal to the
number of deputies to be elected.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 39 Expenses for elections in the PLA shall be covered by military expenditure.

    






RULES FOR ANTI-MONEY LAUNDERING BY FINANCIAL INSTITUTIONS

Decree of the People’s Bank of China

No.1

In accordance with the Law of the People’s Republic of China on the People’s Bank of China and other laws and regulations , the Rules
for Anti-money Laundering by Financial Institutions has been adopted at the 7th executive meeting on September 17, 2002, and is hereby
promulgated for implementation as of March 1, 2003.
President of the People’s Bank of China Zhou Xiaochuan

January 3, 2003

Rules for Anti-money Laundering by Financial Institutions

Article 1

These rules are formulated in line with the Law of the People’s Republic of China on the People’s Bank of China and other relevant
laws, administrative rules and regulations to combat money laundering by criminals so as to safeguard the healthy operation of the
financial industry.

Article 2

These rules are applicable to all financial institutions involved in combating money laundering. Financial institutions hereunder
refer to institutions legally established and engaged in financial business within the territory of the People’s Republic of China,
including policy banks, commercial banks, credit cooperatives, postal savings institutions, finance companies, trust and investment
companies, financial leasing companies and foreign-funded financial institutions etc.

Article 3

Money laundering in these rules refers to any action that legalize the ill-gotten income and yields generated from criminal activities
like drug trafficking, gang violence, terrorist act, smuggling or other crimes through various means in which the source and origin
of such income and yields are disguised.

Article 4

Financial institutions and their employees shall abide by these rules to fulfill their due obligation to combat money laundering
activities in real earnest and identify suspicious transactions on a prudent basis, and shall not engage in any unfair competition
that may run counter to their anti-money laundering obligations.

Article 5

Financial institutions and their employees shall abide by relevant rules and regulations to and refrain from disclosing any information
on anti-money laundering activities to their customers and/or other personnel.

Article 6

Financial institutions shall assist the judiciary and/or law enforcement departments including the customs and taxation authorities
in combating money laundering in accordance to relevant laws and regulations through making inquiry of, freezing or suspending the
transfer of suspicious customers’ deposits. Overseas branch offices of the Chinese financial institutions shall abide by anti-money
laundering laws and regulations of their host countries or regions and provide assistance to departments involved in anti-money laundering
operation in these countries or regions.

Article 7

The People’s Bank of China is the supervisory authority for anti-money laundering operation by financial institutions.

The People’s Bank of China shall establish a leading group supervising the work of anti-money laundering by the financial institutions,
which shall perform the following responsibilities:

(1)

Supervising and coordinating anti-money laundering activities of financial institutions;

(2)

Conducting research and formulating strategies, working plans and policies on anti-money laundering for financial institutions, establishing
working mechanisms for anti-money laundering operation and reporting system for large-value and/or suspicious renminbi fund transactions;

(3)

Establishing a monitoring system to scrutinize payment transactions;

(4)

Working out proper solutions to major difficulties encountered by financial institutions in combating money laundering;

(5)

Participating in international anti-money laundering cooperation and providing guidance for international exchange in the areas of
anti-money laundering by financial institutions; and

(6)

Other anti-money laundering functions of the People’s Bank of China.

The Sate Administration of Foreign Exchange is responsible for supervising reporting of large-value and/or suspicious foreign exchange
transactions and shall establish a reporting arrangement to monitor such transactions.

Article 8

Financial institutions shall establish and improve their internal anti-money laundering mechanisms and report such mechanisms to
the People’s Bank of China for record as required by the People’s Bank of China.

Article 9

Financial institutions shall establish or designate relevant internal departments to specialize in anti-money laundering efforts
and equip these departments with managers and working staff as needed.

Pursuant to concrete needs, financial institutions shall establish relevant departments or designate certain personnel in their branch
offices to specialize in anti-money laundering activities, and shall conduct supervision over implementation of these rules and establishment
of internal anti-money laundering mechanisms in their branch offices. Effective anti-money laundering measures shall be made when
new financial institutions are incorporated or financial institutions set up new branch offices.

Article 10

Financial institutions shall establish a customers’ identity registry system to verify the identities of customers who process financial
business including deposits and settlement with them.

Financial institutions shall not be allowed to open anonymous accounts or accounts in obviously fictitious names for their customers,
and/or provide financial services including deposits and settlement for customers whose identities are yet to be clarified.

Article 11

When opening deposit accounts or providing settlement service for individual customers, financial institutions shall verify the customers’
IDs and record the names and ID numbers. If a customer is represented by another person to open personal deposit account with a financial
institution, the financial institution shall verify both the representative’s and principal’s IDs and record the names and ID numbers
thereof.

Financial institutions shall not open deposit accounts for customers who decline to show IDs or do not use names appeared in their
IDs.

Article 12

When opening accounts or providing financial services including deposits and settlement for institutional customers, financial institutions
shall abide by relevant rules of the People’s Bank of China and ask the customers to show valid documents for verification and recording.

Financial institutions shall not provide financial services including deposits and settlement for institutional customers who fail
to show valid documents as required by relevant rules.

Article 13

Financial institutions shall abide by relevant rules and report to the People’s Bank of China and/or the State Administration of
Foreign Exchange of any large-value transactions detected in the process of providing financial services to customers.

Classification of large-value transactions shall be determined in line with relevant rules made by the People’s Bank of China and
the State Administration of Foreign Exchange on reporting of fund transactions.

Article 14

Financial institutions shall abide by relevant rules and report to the People’s Bank of China and/or the State Administration of
Foreign Exchange of any suspicious transactions detected in the process of providing financial services to customers.

Reporting of suspicious transactions shall be determined in line with relevant rules made by the People’s Bank of China and the State
Administration of Foreign Exchange on reporting of fund transactions.

Article 15

Branch offices of financial institutions shall report large-value and/or suspicious transactions to the local branch offices of the
People’s Bank of China or the State Administration of Foreign Exchange in line with relevant rules made by the People’s Bank of China
and the State Administration of Foreign Exchange on procedures of reporting of fund transactions, and at the same time keep their
superior units informed of such transactions.

Article 16

Financial institutions shall carry out examination and analysis on large-value and/or suspicious transactions, and shall report to
the local public security departments if criminal activities are detected.

Article 17

Financial institutions shall keep records on account information and transaction records of the customers in accordance with the
following prescription:

(1)

Records of account information shall be kept for five years at minimum from the date of closing the account;

(2)

Transaction records shall be kept for five years at minimum from the date of booking the transaction.

Transaction records in item (2) include information on the ownership of the account, amount of deposit or withdrawal effected through
the account, time of transaction, source and destination of funds and the means of fund transfer etc. Account information and transaction
records shall be kept in line with relevant state rules on management of accounting files.

Article 18

The People’s Bank of China or the State Administration of Foreign Exchange shall hand over the report and other related materials
on large-value and/or suspicious transactions submitted by financial institutions to the judiciary departments in accordance with
procedures laid by the Rules for Administrative Departments in Transferring Suspected Criminal Cases if criminal activities are suspected
after conducting review of such report and related materials, and shall not disclose contents of the report to the customers of the
financial institutions and other people.

Article 19

The People’s Bank of China shall provide guidance and organize training activities on the subject of anti-money laundering for financial
institutions.

Financial institutions shall launch anti-money laundering publicity among their customers and provide training for their staff on
anti-money laundering so as to familiarize them with laws, administrative rule and regulations on anti-money laundering and strengthen
their competence in combating money laundering activities.

Article 20

The People’s Bank of China shall issue a warning to and order a financial institution committing any of the following irregularities
in violation of these rules to take remedial actions within a specified period of time, and if the financial institution fails to
make corrections within the specified period of time, a fine of no more than RMB30,000 yuan may be imposed and its senior executives
immediately accountable for such misconduct may be disqualified from holding any positions in the financial industry if the circumstances
are serious:

(1)

failing to establish an internal anti-money laundering mechanism as required;

(2)

failing to establish or designate relevant departments to specialize in anti-money laundering efforts as required;

(3)

failing to ask institutional customers to show valid documents and other related materials for verification and recording as required;

(4)

failing to keep account information and transaction records of customers as required;

(5)

leaking anti-money laundering information to customers and other people in violation of rules; or

(6)

failing to report to the authorities of large-value and/or suspicious transactions as required.

Article 21

When a financial institution engaged in foreign exchange operation fails to report on a timely basis to authorities of abnormal foreign
exchange transactions such as purchase of foreign exchange in large value and/or high frequency and move of large amount of foreign
currency cash in and out of account, it shall be penalized in line with Article 25 of the Rules on Penalizing Financial Irregularities.

Article 22

Where a financial institution, in violation of relevant laws and administrative rules and regulations, engages in unfair competition
which hampers the fulfillment of its anti-money laundering obligation, it shall be penalized in line with relevant provisions of
the Rules on Penalizing Financial Irregularities. A disciplinary warning shall be issued for its staff held immediately accountable
for such misconduct and the senior executives directly responsible for the misconduct shall be disqualified from holding any positions
in the financial industry if the circumstances are serious.

Article 23

Where a financial institution opens accounts for customers who have declined to show their personal IDs or use the names appeared
in the personal IDs in opening bank accounts, the People’s Bank of China shall give it a warning and impose concurrently a fine of
not less than RMB1000 yuan but not more than RMB5000 yuan. If the circumstances are serious, its senior executives held immediately
accountable for such misconduct shall be disqualified from holding any positions in the financial industry.

Article 24

The China’s Association of Banks, China’s Association of Finance Companies and other self-regulatory organizations in the financial
industry may formulate their own anti-money laundering work guidance in line with these rules.

Article 25

These rules shall enter into force on March 1, 2003.



 
The People’s Bank of China
2003-01-03

 







CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON SEVERAL ISSUES CONCERNING THE ESTABLISHMENT OF FOREIGN INVESTMENT PROMOTION CENTERS(INVESTMENT PROMOTION BUREAU OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION)

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation on Several Issues Concerning the Establishment of Foreign Investment
Promotion Centers(Investment Promotion Bureau of the Ministry of Foreign Trade and Economic Cooperation)

WaiJingMaoBanFa [2003] No.57

February 25, 2003

Departments (Bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately
listed on the State plan, electromechanical offices of all ministries and commissions and all places, economic & technology development
zones of the state level, all units directly under this Ministry, all chambers of commerce, associations and academies and all economic
and commercial agencies abroad:

In order to adapt the foreign trade and economic work to the new situations that arise after China’s entering into the WTO and to
further enlarge the scale, to promote the quality and level in utilizing foreign investments in our country, upon the discussion
of the leading Party group of the Ministry of Foreign Trade and Economic Cooperation and the reply of the Central Organization Commission,
it is decided that the name of “Training Center of International Trade for Asia and the Pacific” is changed to “Foreign Investment
Promotion Center” (the name “Investment Promotion Bureau of the Ministry of Foreign Trade and Economic Cooperation” may be used to
facilitate foreign affairs, hereinafter referred to as “Investment Promotion Bureau”) and to reorganize. It is hereby to notify the
work of reorganizing the Investment Promotion Bureau as below:

I.

Main duties of the Investment Promotion Bureau

In accordance with the spirits of the ZhongYangBianBanFuZi [2002] No.176, the principal duties of the Investment Promotion Bureau
are:

(1)

to execute the concrete task of attracting and promoting foreign investments, to launch investment promotion activities; to undertake
the concrete organization work for China investment trade talks and various investment promotion exhibitions and talks in the name
of the Ministry of Foreign Trade and Economic Cooperation;

(2)

To offer services of investment consultancy and information to the foreign and Chinese investing partners; to attend the World Association
of Investment Promotion Agencies (WAIPA) and relevant international non-governmental organs under the authorization of the Ministry
of Foreign Trade and Economic Cooperation the contact and communication and take charge of relevant bilateral and multilateral contacts
and communications with them and guide the work of all domestic investment promotion agencies.

II.

Sequential arrangement for the Institution

The Investment Promotion Bureau is listed in the serial of the public institutions directly under the Ministry of Foreign Trade and
Economic Cooperation. It is behind the government service center, before the academe.

III.

Abbreviations for official writing (BianZi), abbreviations and numbers for document issuance (FaWenBianZi), and the seal

The abbreviations of the Investment Promotion Bureau for official writing shall be “TouCu (meaning investment and promotion)” as the
abbreviations and numbers for document issuance “WaiJingMaoTouCuZi [20] No.**” as its FaWenZiHao in the official documents.The seal
of the Investment Promotion Bureau (see the sample in the attachment.) shall be formally used as of the issuance of this Circular.

In addition, after the Investment Promotion Bureau has been established, the institutions and functions of the original China Investment
Commercial Talks Office shall be transferred from the Fuzhou Agency of the Special Person of the Ministry of Foreign Trade and Economic
Cooperation to the Investment Promotion Bureau. The Circular on the Issues Concerning the Establishment of the Office for China Investment
Commercial Talks (WaiJingMaoBanFa [2000] No.656) shall be abolished at the same time.

This is hereby the notification.

Attachment:

Sample Seal of the Investment Promotion Bureau (Investment Promotion Bureau of the Ministry of Foreign Trade and Economic Cooperation)(omitted)



 
The Ministry of Foreign Trade and Economic Cooperation
2003-02-25

 







SUPPLEMENTARY PROVISIONS TO THE IMPLEMENTATION MEASURES FOR SUSPENDING AND TERMINATING THE LISTING OF FAILING LISTED COMPANIES (REVISED)

The China Securities Regulatory Commission

Circular on Promulgating the Supplementary Provisions to the Implementation Measures for Suspending and Terminating the Listing of
Failing Listed Companies (Revised)

All listed companies:

On November 30, 2001, the CSRC promulgated the Implementation Measures for Suspending and Terminating the Listing of Failing Listed
Companies (Revised) (ZhengJianFa [2001] No.147), during the enforcement of which some problems occur to be solved. With a view to
protecting the rights and interests of the investors, the Supplementary Provisions to the Implementation Measures for Suspending
and Terminating the Listing of Failing Listed Companies (Revised) has been formulated by the CSRC for implementation as of the date
of promulgation.

China Securities Regulatory Commission

March 18, 2003

Supplementary Provisions to the Implementation Measures for Suspending and Terminating the Listing of Failing Listed Companies (Revised)

With a view to protecting the rights and interests of the investors, the Supplementary Provisions have been formulated on the relevant
problems occurred during the enforcement of the Implementation Measures for Suspending and Terminating the Listing of Failing Listed
Companies (Revised):

I.

In case of material accounting errors or false records in the financial and account reports when the company took initiatives to correct
or is ordered to make corrections for carrying out backward adjustment with the financial and accounting reports of the previous
years, thus leading to losses for consecutively for the latest two years with ongoing losses in the same year when the backward adjustment
is made, the Stock Exchange shall within ten working days upon the date when the company publishes the annual reports make decisions
on temporary suspension of the listing of its stocks.

II.

Upon making decisions on temporary suspension, resumption or termination of listing when the financial and accounting reports in the
underlying regular reports were issued by CPAs with audit reports containing unreserved opinions with interpretative descriptions,
reserved opinions, negative opinions or refusal of opinions (hereinafter referred to as “audit reports with non-standard unreserved
opinions”), the Stock Exchange may organize an expert committee for making independent professional judgment on the problems of material
accounting treatment that influences the profit truthfulness involved in the audit reports with non-standard unreserved opinions,
based on which the Stock Exchange may make corresponding decisions.

III.

For the companies that have witnessed consecutive losses for the latest two years or for the companies that have witnessed consecutive
losses for the latest two years upon backward adjustments made according to the stipulations of Article 1 of the Supplementary Provisions,
in case their annual financial and accounting reports keeps on indicating losses or profits but issued with audit reports with non-standard
unreserved opinions, the Board of directors of the company shall in reviewing the annual financial and accounting reports make resolutions
on the following items, which should be submitted for review by the recent General Shareholder Meeting:

(I)

In case of temporary suspension of listing of the stocks of the company, the company shall sign an agreement with a qualified securities
firm with a covenant that (including but not limited to) the company engages the securities firm as the recommender for resumption
of the listing of the stock in question; and in case of termination of listing of the stock, the securities firm will be authorized
to provide services for share transfer and to handle with registration for withdrawal of the shares from the market registration
and settlement system of the Stock Exchange, handle with reaffirmation of the shares and handle with share registration and settlement
of the share transfer system.

The qualified securities firms refer to those eligible for “handling with the services for share transfer” and “listing reccommender”
(hereinafter referred to as the “undertaking securities firms”).

(II)

In case of temporary suspension of listing of the stocks of the company, the company shall sign an agreement with China Securities
Registration and Settlement Co., Ltd. The agreement contains a covenant that (including but not limited to) in case of termination
of share listing, the company engages China Securities Registration and Settlement Co., Ltd as the custodian, registration and settlement
institution for all its shares.

(III)

In case of termination of listing of the stocks of the company, the company shall apply for entry of its shares into the agency share
transfer system for transfer, and the shareholder meeting authorizes the Board of directors to handle with the relevant matters relating
to termination of listing of the shares of the company and entry into the agency share transfer system for transfer.

IV.

After the shareholder meeting reviews and passes the proposals mentioned in Article 3 of the Supplementary Provisions, the board
of directors shall complete the signing of agreements with China Securities Registration and Settlement Co., Ltd. and the “undertaking
securities firms”, which should be published and reported to China National Association of Securities Dealers, the agency of the
CSRC where the company is registered and the Stock Exchange.

V.

In case of termination of the listing of the stocks of the company, the undertaking securities firm shall within five workings days
after the Stock Exchange makes decision on terminating the listing of the stocks of the company publish the Public Announcements
on Relevant Matters Relating to the Share Transfer on Agency on the newspapers, magazines and Internet sites designated by the CSRC
for announcement of the following content:

(I)

Handling with the termination of the listing of shares;

(II)

Time and means for handling with the formalities for share reaffirmation; and

(III)

Conditions and arrangements for agency of share transfer.

VI.

The undertaking securities firm shall within twenty working days upon the decisions of termination of the listing of the shares of
the company by the Stock Exchange complete the initial preparatory work for the registration of the withdrawal of the shares stopped
from listing, handling with the formalities for reaffirmation of the shares for the shareholders and open the account for transfer
of the shares of a non-listing company.

VII.

In case the Board of directors fails to perform its duties relating to resumption or termination of the listing of the shares of the
company to detrimental of the legitimate rights and interests of the shareholders, the shareholders may requires for the company
to perform the duties in question and prosecute for the relevant obligations.

In case the undertaking securities firms authorized by the company fails to perform the agreement reached to detrimental of the legitimate
rights and interests of the company or the shareholders, the company may requires for the undertaking securities firm to perform
the duties in question and prosecute for the relevant obligations according to law.

VIII.

In case the public listed company fails to disclose the annual reports or semi-annual reports within the statutory periods or make
corrections to the false financial and accounting reports within the statutory periods, the Stock Exchange shall made decisions on
temporary suspension, resumption or termination of the listing of the shares of the company according to the provisions of the relevant
laws, regulations and Rules for Listing of Stocks.

IX.

Upon decisions on temporary suspension or resumption of the listing of the stocks of the listed company according to law, the Stock
Exchange shall report to the CSRC; and upon decision on termination of the listing of the stocks, the Stock Exchange shall go through
filing with the CSCRC.

X.

The Supplementary Provisions shall enter into force as of the date of the promulgation.



 
The China Securities Regulatory Commission
2003-03-18

 







INTERIM MEASURES FOR THE IMPLEMENTATION MANAGEMENT OF STATE-INVESTED LAND DEVELOPMENT RECTIFICATION PROJECTS

The Ministry of State Land Resources

Notice of the Ministry of State Land Resources Concerning Printing and Issuing on Interim Measures for the Implementation Management
of State-Invested Land Development Rectification Projects

Guo Tu Zi Fa [2000] No. 122

The ministries of state land resources of every province, autonomous region and municipality directly under the Central Government
(the ministry of state land environment resources, bureau of state land resources and housing, bureau of housing and land resources,
bureau of state land resources and planning), bureau of state land resources of Xingjiang Production and Construction Group:

In order to safeguard the smooth implementation of the state-invested land development rectification projects and to complete fully
the tasks of project construction, Interim Measures for the Implementation Management of State-Invested Land Development Rectification
Projects studied and formulated by the ministry, are hereby printed and issued, please carry out according to the local actual situation
of each place.

The Ministry of State Land Resources

April 16, 2003

Interim Measures for the Implementation Management of State-Invested Land Development Rectification Projects

Chapter I General Provisions

Article 1

In order to safeguard the smooth implementation of the state-invested land development rectification projects and to complete fully
the tasks of project construction, the Measures are hereby formulated in accordance with the provisions of the relevant laws, regulations
and policies.

Article 2

The Measures are applicable to the state-invested land development rectification projects (hereinafter referred to as the “projects”),
including key projects, model projects and subsidy-based projects.

Article 3

The implementation management of projects sticks to the following fundamental principles:

(I)

Principles of consistence between tights, duties and obligations;

(II)

Principles of openness, justice and fairness;

(III)

Principles of simplified procedures and enhancement of efficiency.

Article 4

The Ministry of State Land Resources adopts uniform supervision and management of project implementation, and local competent administration
of state land resources above county level is in charge of the supervisions and management of the project implementation sources
in corresponding administrative divisions.

Article 5

The undertaking unit of the projects shall organize for project implementation, and adopt the responsibility of the legal person of
the project.

The management and technological personnel of the undertaking unit of the projects shall meet the demands for project implementation.

Article 6

The project implementation adopts the legal person system of the project, bidding system, engineering supervision system, contracting
system, and announcement system.

Chapter II Preparation for Implementation

Article 7

Upon assignment of the project planning and budgets by the Ministry of Finance and the Ministry of State Land Resources, the competent
administration of state land resources of county level shall submit petition to the local government for establishment of project
implementation leading groups in charge of coordinating and settlement of the relevant issues during project implementation.

The competent administration of state land resources of county level shall according to the relevant provisions verify the land categories,
areas, demarcation, ownership, and compensation schemes involved in the project, and ensure that the land categories and areas as
demarcation are clear and that the ownership is legitimate free of disputes over the adjustment schemes of the ownership and compensation
schemes, thus creating favorable conditions for the implementation.

Article 8

The undertaking unit of projects shall carry out full on-site management on the project implementation and do well in the following
preparatory works:

(I)

Organizing the advisory services of organizing bid invitation, and equipment and material purchase;

(II)

Organizing bid invitation and bidding for the projects, reaching the contracted engineering agreements and authorizing for engineering
supervision management;

(III)

Preparing the annual implementation programs of the projects, the construction schedule planning and funding planning;

(IV)

Organizing and preparing the designing diagrams for project implementation; and

(V)

Establishing the relevant systems on project schedule, quality and fund utilization management.

Article 9

Upon completion of the preparation for the project implementation, the undertaking unit of projects shall summarize the circumstances
relating to the project implementation and put forth the application report on start of the projects, upon review and ratification
of which by the competent administration of state land resources of county level where the project is located the project implementation
may start.

Article 10

The undertaking unit of projects shall publish project announcements for supervisions y the mass and the society.

The contents of the project announcement shall include: project name, construction site, overall construction scale, newly increased
tillage areas, total investment of the project, construction term, land ownership, the undertaking unit of the projects, the implementation
unit of the projects, the supervisory unit of the projects, and the designing unit of the projects, etc.

Article 11

In case of any discrepancy from the relevant unit and individual over the project implementation, the undertaking unit of projects
shall be responsible for the solutions thereof; and incase of failure to solve the discrepancy, petitions should be submitted for
solution by the project implementation leading group. In case of any material issues, the competent administration of state land
resources of county level shall report to the superior competent administration of state land resources for investigation and solution.

Chapter III Engineering Implementation

Article 12

Upon start of the engineering, the undertaking unit of projects shall set up the on-site office meeting system during the project
implementation, where the implementation unit, the engineering supervisory unit, and the designing unit may be convened for coordination
and solution of the problems in implementation progress, project quality, fund utilization, and the execution of the project planning
and designing during the project implementation.

Article 13

The implementation unit of projects shall carry out the construction according to the standards of project planning and designing,
implementation designing and implementation technologies, and be responsible for the returns and repairing in case of quality issues
or unqualified construction projects upon examination of project completion. The implementation unit of projects shall establish
the quality responsibility system, and identify the managers of the engineering projects, the persons in charge of technological
issues and implementation management. In case of any errors in the planning design and the implementation designs during the implementation,
the implementation unit of projects shall timely put forth opinions and suggestions.

Article 14

The engineering supervisory unit of the projects shall carry out the supervisions with responsibilities borne in terms of engineering
quality on behalf of the undertaking unit of projects in compliance with laws, regulations and the relevant technological standards,
planning and designing and the relevant contracts. The engineering supervisory unit of the projects shall assign the supervisors
of eligible conditions to the construction site, who shall then according to the requirements of the engineering supervision standards
carry out supervision on the construction engineering of the projects, control the investment, term and quality of the project construction.

Upon completion of single unit of projects, the engineering supervisory unit of the projects shall sign opinions attached. Without
the opinions on qualification signed by the engineering supervisory unit of the projects, the undertaking unit of projects shall
not appropriate the engineering fund, and thus the implementation unit of projects may not proceed to the following process.

Article 15

The designing unit of projects provides consultation and instructions on the relevant planning and designing during the project implementation;
and in case of alteration of the planning and designing, modifications should be made as per the requirements.

Article 16

During the implementation, various units shall strictly execute the project planning, the expenditure budget and planned designing.
In case of alteration of the planned designing required, the following provisions should be followed:

(I)

If the adjustment does not involve the location of the project construction, overall construction scale, newly added tillage areas,
or budget of project expenditures, the undertaking unit of projects may make investigate and settle it at its own discretion;

(II)

If the adjustment involves the location of the project construction, overall construction scale, newly added tillage areas, or budget
of project expenditures, the undertaking unit of projects shall report to the original approval authority for ratification.

Article 17

In case of adjustment of the ownership of land due to the alteration of planning and designing, the original ownership adjustment
schemes should be supplemented and explained, which shall then be reported for determination by the local competent administration
of state land resources of county level.

Chapter IV Preparation for Acceptance Examination upon Project Completion

Article 18

Upon completion of the tasks of the project construction, the undertaking unit of projects shall do well in self-examination on the
project construction according to the provisions of the contract.

The following conditions shall be available for self-examination of the project construction:

(I)

The implementation unit of projects has submitted the delivery report, completion drawing of project and warranty letter of the project;

(II)

The engineering supervisory unit of the projects has submitted the supervision report;

(III)

Complete technological archives and implementation management materials.

Article 19

The undertaking unit of projects shall within a month after self-examination of the project submit the application report to the local
competent administration of state land resources of county level for self-examination of the project completion, arrange the relevant
materials and make preparations for the acceptance examination upon completion of the project.

The acceptance examination upon completion of the project shall be executed in compliance with the relevant provisions of the Interim
Measures for Acceptance Examination upon the Completion of the State-invested Land Development Rectification Projects (GuiTuZiFa
[2003] No.21).

Article 20

The undertaking unit of projects shall according to the relevant provisions timely collect and arrange the relevant documents, materials
and graphics during the project implementation, set up and perfect the project archives, and timely submit the project archives to
the local competent administration of state land resources of county level for filing after the acceptance examination upon completion
of the project.

Chapter V Supervisions and Inspection

Article 21

Various levels of the competent administration of state land resources shall set up the supervisions and inspection system with the
project progress, engineering quality, capital utilization, and construction of honest government, thus, investigating and solving
material issues during project implementation.

Article 22

Various levels of the competent administration of state land resources shall according to the relevant laws and regulations correct
the misbehaviors during the project implementation and investigation on the responsible persons in breach of law and disciplines.
Those involved in serious circumstances that constitute a crime shall be transferred for prosecution of criminal responsibilities
by the judicial organs according to the relevant laws.

Article 23

Any unit and individual is enpost_titled to make reports, petitions or claims on the quality incidents and quality defects of the construction
engineering of the projects.

Chapter VI Supplementary Provisions

Article 24

The implementation management of the land development rectification projects invested by local government shall be executed by reference
with these Measures.

Article 25

The funding management for project implementation shall be executed in compliance with the relevant provisions of The Interim Measures
for Funding Management of Land Development Rectification Projects (GuoTuZiFa [2000] No. 282).

Article 26

The Measures shall come into force as of the date of promulgation.



 
The Ministry of State Land Resources
2003-04-16

 







CATALOGUE OF ENCOURAGED HI-TECH PRODUCTS FOR FOREIGN INVESTMENT

The Ministry of Science and Technology, the Ministry of Commerce

Document of the Ministry of Science and Technology and the Ministry of Commerce

GuoKeFaJiZi [2003] No. 179

Departments (commissions, bureaus) of Science and Technology and departments (commissions, bureaus) of Foreign Trade and Economic
Cooperation of all provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately
listed on the State plan, Science and Technology Commission of Xinjiang Construction and Production Corps, departments of Science
and Technology and departments of International Affairs and Cooperation of ministries and departments concerned and institutions
directly under the State Council:

In order to direct provinces, municipalities, autonomous regions and departments concerned to conduct their work to encourage foreign
investment in high-tech industry, to accelerate the pace in introducing advanced technologies from abroad, to strengthen abilities
of internal assimilation and independent innovation, further improve the quality and level of foreign investment, the Ministry of
Science and Technology and the Ministry of Commerce hereby worked cooperatively to formulate the Catalogue of Encouraged Hi-tech
Products for Foreign Investment (hereinafter referred to as Catalogue ). Based on Catalogue of Chinese High-tech Products, taking
into careful consideration high-tech products that should be developed imperatively in terms of technology or that have a big gap
between China and abroad as well as requirements of national security and environmental protection, etc., going through the assessment
of specialists in related fields, the Catalogue was formulated, which comprises 917 items in 11 types. Now the Catalogue is printed
and distributed to you, it is hoped that governments of different levels and various departments concerned, under the guidance of
the Catalogue, actively conduct work in encouraging foreign investment and create favorable conditions for the quickening development
of high-tech industry. Please implement in accordance with the document.

Attachment: Catalogue of Encouraged Hi-tech Products for Foreign Investment (2003)

The Ministry of Science and Technology and the Ministry of Commerce

June 2,2003

Catalogue of Encouraged Hi-tech Products for Foreign Investment (2003)

Compilation Comments

In order to further attract and encourage foreign investment in high-tech industry, to introduce advanced applicable technologies
from abroad and to strengthen abilities of internal assimilation and independent innovation, based on the former Catalogue of Chinese
High-tech Products, Ministry of Science and Technology and Ministry of Commerce worked cooperatively to formulate the Catalogue of
Encouraged Hi-tech Products for Foreign Investment (hereinafter referred to as Catalogue). The Ministry of Science and Technology
and the Ministry of Commerce invited specialists in various technological fields to assess and designate the high-tech products in
the Catalogue. 721 items in the Catalogue of Chinese High-tech Products are selected and 196 items that have a big gap between China
and abroad and that should be developed imperatively in terms of technology and equipment. The high-tech products listed in the Catalogue
are classified into eleven types in accordance with technological domain. They are electronics and information, software, aeronautics
and astronautics, opto-mechatronics, biomedicine and medical equipment, new material, new energy and efficient energy saving, environmental
protection, geospace and ocean, nuclear applied technology and modern agriculture.

Electronics and Information Computer and Computer Peripheral Equipments

1

Supercomputer (ten billion times and above)

2

Top-grade server (which comprises subsystems, such as supervisory control of network, disk, security, etc)

3

Large-scale simulation and emulation system

4

Large-scale industrial controlling machine and controlling unit

5

Computer digital signal processing board

6

High-speed, high-capacity memory system equipment

7

Wide-roll, high-resolution color printing equipment

8

Wide-roll, high-definition color Xerox equipment

9

Digital input liquid crystal display for flat PC

10

DVD reading and recording laser head

11

Printing head of high-resolution color printer (1200dpi and above)

12

Computer hard disk and its pivotal parts (120G and above)

13

Distance, non-tangible IC card and related implements

14

Hand-held GPS receiver

15

Graphics and image identifying and processing system

16

Wireless network interface adapter

17

Mobile PDA for wireless network

18

Hand-held inspection equipment for wireless network terminal

19

Data collection station for wireless network terminal

Microelectronics and Photoelectron device

20

LSIC with line thickness￿￿.18 micrometer

21

Power electronic device

23

CCD devices

24

MCT infrared detector

25

CMOS image sensor

26

LED epitaxial wafer

27

High-brightness light-emitting diode (LED)

28

Blue and white luminotron

29

Fourth generation of (920￿￿20mm) and above polysilicon TFT-LCD and its support pieces

30

PDD flat display and its pivotal pieces

31

New-type LCOS display

32

Chip semiconductor device

33

Chip multi-layer compound device

34

Chip quartz crystal resonator

35

Chip ceramic and quartz crystal filter

Communication Equipment and Products

36

High-end router

37

IP data communication equipment

38

Thousand Mb/s and above network exchanger

39

Communication equipment for broadband fiber access network

40

Communication equipment for fixed wireless access network

41

Digital trunked Communication equipment

42

10Gb/s and above SDH fiber communication equipment

43

Fiber wavelength-division multiplexer

44

OXC equipment

45

Fiber preformrod

46

3G mobile Communication Base Station

47

3G mobile communication exchange equipment

48

3G mobile phone

49

CDMA mobile Communication Base Station

50

CDMA mobile communication exchange equipment

51

CDMA mobile phone

52

622Mb/s and above SDH digital microwave transmission equipment

53

Microcomb wireless communication equipment

54

Satellite communication and transmission equipment

55

Velocity￿￿0Gb/s laser for light communication

56

Light communication metering and check-out equipment

57

GSM, CDMA and IMT-2000 mobile communication check-out equipment

Broadcast and Television Technology and Products

58

Broadcast grade SDTV and HDTV digital CCD phonograph

59

Broadcast grade digital video recorder

60

Broadcast grade digital television monitor

61

Digital video switch

62

Digital audio sound console

63

Multi-track digital audio decoder

64

MPEG code stream recording equipment

65

MPEG code stream editing equipment

66

Digital television program storing system equipment

67

Digital television broadcast MUX

68

TV Standards Converter

69

Digital television source (high definition television) encoder and decoder

70

Digital television converter

71

Equipment of data transaction broadcasting system for digital television

72

Digital television broadcasting transmitter

73

Digital sound broadcasting transmitter

74

Digital television broadcasting SFN equipment

75

CATV QAM modulator

76

CATV optical transmitter and receiver

77

Satellite digital television broadcasting uplink station equipment

78

SMATV head-end equipment

79

MVDS (multi-point video distribution system) equipment

80

Plasma (PDP) flat digital television receiver

81

High definition television big screen liquid crystal projection television

82

DLP (digital light processing) big screen projection television

83

Digital television bit error ratio supervising equipment

84

Digital television test Signal Generator

Production equipment and test instrument for specialized techniques

85

Automatic precise chip mounter

86

Automatic-manual printed circuit precise printer

87

Hot wind loading welder

88

Multistep repetitive ray recorder

89

Plasma sediment and erosion equipment

90

Ion injector

91

Epitaxial growth equipment of compound semiconductor

92

High-speed online checkout equipment

93

Large-scale digital integrated circuit function test set

94

Specialized integrated system SOC scale test technology equipment

95

Multi-chip assembling module test technology equipment

96

Digital oscillometer (1000MHz and above)

97

Spectrometer

98

Logic analyzer

Software System Software

1

Operating system software

2

Network and communication protocol processing software

3

High level language compiler

4

Device driver

5

Embedded operating system

6

Embedded browser

7

embedded graphical user interface

Support Software

8

Internet/Intranet network administration software

9

Software development and testing platform

10

Computer-aided tool software

11

Middleware (non-confidential involved)

12

Database management system

Application Software

13

E-commerce software

14

Multimedia design software

15

Simulation and emulation software

16

ERP application software

17

Intelligent software

18

Information and network security software (non-confidential involved)

19

three-dimension computer-aided design software

20

Integrated circuit design computer-aided application software

21

Online storage and offline backup software

Aeronautics and Astronautics Aircraft and Support Products

1

Commercial transporter (including aerobus and airfreighter)

2

Training plane

3

general-purpose airplane

4

Parts and components for commercial planes

5

Commercial helicopter

6

Parts and components for helicopters

7

Wing in ground effect craft

8

Commercial aircraft turbine fan engine

9

Commercial aircraft gas turbine engine

10

Turbine propeller engine

11

Turbine shaft engine

12

Fan engine

13

New-type piston engine

14

Aeronautic auxiliary propulsion system

15

Parts and components for aeroengine

16

Airborne equipment for commercial plane

Ground Service Equipment

17

Facilities for civil airports

18

Protective equipment for civil airports

19

Ground test equipment

20

Ground equipment for aviation experiment

21

Aeronautic test and measurement equipment

22

Specialized equipment for aeronautic manufacture

23

Specialized equipment for trial manufacture of aeronautic material

24

Aviation simulation and training equipment

25

Comprehensive test devices for airborne equipment

Commercial Carrier Rocket

26

Structural components for the body of carrier rocket

27

Ground test equipment for carrier rocket

28

Mechanic and environmental test equipment for carrier rocket

29

transport equipment for carrier rocket

30

Equipment for space museum

Commercial spacecraft and ground facilities

31

Electronic equipment for spacecraft

32

Optical mechanical and Electronic products for spacecraft

33

Structural and institutional product for spacecraft

34

Temperature control product for spacecraft

35

Test equipment for satellite-related product

36

Ground reception and application equipment

Opto-mechatronics Automated Machinery and Equipment

1

Convertible five-sided processing center

2

Longmen processing center

3

Numerical controlled superfine lathe

4

Numerical controlled milling center

5

Numerical controlled precise spalling center

6

Highly efficient, high precision numerical controlled flat sharpener (precision accuracy<0.5￿￿

7

Numerical controlled high precision sharpener for internal and external circles (precision accuracy<0.5￿￿

8

Numerical controlled cutter sharpener (principal coordinate interlocked)

9

Numerical controlled low-speed cross-threading, electric-spark line cutting machine

10

Numerical controlled tooth wimbling, milling machine

11

Numerical controlled precise hobber

12

Numerical controlled tooth-milling machine with worm and abrasive wheel and numerical controlled shaping machine with abrasive wheel

13

FTL flexible cone production line

14

Numerical controlled mechanical press

15

Punching-shear compound processing machine

16

Plate multi-point shaping machine press without modules

17

Industrial robot and intelligent robot

18

Laser cutting and welding suite

19

Precise laser processing and erosion suite

20

Vacuo ion-ailming equipment

21

High-speed super-hard precise cutter system

22

Numerical controlled servo system

23

Tricoordinate gauging machine

24

Intelligent cooling device for processing equipment

25

High-speed, multi-spindle processing center (main spindle speed>12000r/min, rapid speed>50m/min)

26

Numerical controlled precise tooth-milling machine with coiling umbrella and tooth gear

27

Numerical controlled multi-rod precise leveling machine

28

Numerical controlled coordinate-measuring milling center

29

Bottomup numerical controlled lathe and spalling center

30

Straightline and flat dynamo and its driving system

31

Numerical controlled coordinate-measuring grinding machine

32

Automated three-dimensional stockhouse

33

Rare earth permanent-magnet dynamo

34

Direct current pressure-modulating chopping draught gear

35

Alternating current frequency-and-pressure-modulating draught gear

36

Quarto four-color rotary offset machine and self-control system

37

Sterilizing equipment and automatisation

38

Computer jacquard weaving artificial fur machine

39

Superfine desintegrator (submicro grade)

40

Large-scale sterilized baling press

41

Weaving pill and corner loom

42

Superfine filter equipment (submicro grade)

43

Ceramic filter machine (submicro grade)

44

High-precision strip mill (10￿￿)

Key Basic Parts of Electromechanics

45

hydraumatic plunger pump and motor with high voltage>40MPa

46

High-voltage monoblock-type multiport valve

47

Low-power pneumatic valve, control valve for island use

48

High-frequency electric controlled air valve

49

Intelligent air cylinder

50

High-performance rubber obturator

51

High-temperature, high-voltage mechanical sealing

52

Non-tangible gas film sealing

53

Bearing for high speed passenger train car(1000 km/h and above)

54

Low noise bearing (vibration value 55

Covering piece die assembly for automobile

56

Intelligent plastic-shell circuit breaker (Voltage 380V, 660V, current 1000A)

57

Intelligent chest or drawer circuit breaker for large-scale project

58

Anti-skid brake system (ABS)

59

Electron controlled automatic transmission case

60

Electric steering gear with booster

61

On-vehicle diagnostic equipment

62

Electric device for gasoline engine

63

Electric device for diesel motor

64

Transfer device for automobile alternative fuel

65

Advanced electronic sensor for automobile

66

Turbocharger for engine

67

Exhaust gas recirculation equipment for engine

68

Efficient automobile tail gas purge switch (reach Europe III Standard)

69

Fueling battery for automobile

70

High-pressure oil supply system for diesel motor (￿￿600Bar)

71

Vehicle dynamic control system(VDC)

72

Active suspension system

73

Automobile collision avoidance system

74

Automobile electric antijoyride device

75

Intelligent control system for the internal environment of automobile

76

Multi-energy management system for automobile motive power

77

Air suspension system

78

Electronic Braking Device (EBD)

Instrumentation and System

79

On site bus control system

80

Dynamo and control system for electric automobile

81

Electricity dispatch and management automatic system

82

Automatic system for transportation and management

83

GPS position fix, inspection, alarming dispatch system

84

Comprehensive management system for security check-out in the coalmine

85

Automatic inspection and control system for hydraulic power plant

86

Non-work automatic compensation device

87

Automatic device for power generating facilities with new energy

88

Automatic cruise control system (automobile auxiliary driving system)

89

Electronic charging management system (non-stop electronic payment system)

90

Two pass flowmeter

91

Solid flowmeter

92

On-site bus intelligent instrument

93

Liquid phase chromatograph

94

Mass spectrograph

95

X-ray diffractometer

96

X-ray fluorescence spectrograph

97

Industrial chromatograph

98

Industrial mass spectrograph

99

Near infrared spectrograph

100

Optical Emission Spectrometer

101

Laser scanning microscope

102

Scanning tunneling microscope

103

Transmission microscope

104

Scanning electron microscope

105

Laser comparator

106

Optical maser (power>2KW)

107

Total station meter

108

High-definition numeric voltmeter (with measuring range of seven bit and a half and above)

109

High-definition numeric ampere meter (with measuring range of seven bit and a half and above)

110

Industrial X-ray defectoscope (800KV and above)

111

Performance test device specialized for automobile components

112

Automatic film plating machine with electron gun

113

Overspeed ultra centrifuge (100000r/min and above)

114

VXI bus automatic test system (in accordance with IEEE1155 international standards)

115

humidity, air and ion sensitive sensor

116

Fiber sensor

117

photoelectric sensor

118

Single lens reflex with high performance

119

Digital camera(with definition of 2 million pels and above)

120

Digital multifunctional duplicating machine

121

Automatic zooming camera

122

Digital multimedia projector

123

Nuclear magnetic resonance spectrometer

Biomedicine and Medical Equipment

Biomedicine

1

TNF receptor medicine

2

Growthfactor of neurocyte

3

Anti-body tumor antigen monoclonal antibody

4

Anti-body virus antigen monoclonal antibody

5

Recombinant Streptokinase

6

Monoclonal antibody-oriented medicine

7

P53 anti-cancer agent for recombinant adenovirus

8

Hepatitis detection kit

9

Pathogen diagnosis kit

10

Tumor diagnosis kit

11

Human immunodeficiency virus(HIV) diagnosis kit(including detection kit of standard enzyme and standard golden as well as gene chip,
etc.)

12

Extract of traditional Chinese medicine

Chemical medicine

13

Moracizine Hydrochloride

14

Ozagrel

15

Esmolol hydrochloride

16

Celiprolol Hydrochloride Tablets

17

Levamlodipine Besylate Tablet

18

Provastatin

19

Simvastatin

20

Lisinopril Capsules

21

Ticlopidine

22

Doxazosin

23

losartan

24

Macrogol 4000

25

Tegaserod

26

Docusate

27

Mifeprex

28

Norethisterone Enanthate

29

Piperaquine Phosphate

30

Sirolimus

31

Etimicin Sulfate

32

Cefaclor

33

Maxipime

34

Cefpirome

35

Meropenem

36

Linezolid/Zyvox

37

Flutamide

38

Memantine

39

Lamivudine

40

Production of paclitaxel by biotechnology

41

Exemestane

42

Gallium Nitrate

43

Capecitabine

44

Melphalan

45

Voriconazole

46

Phencynonate Hydrochloride

47

Machloramine

48

Paroxetine Hydrochloride

49

Pramipexole hydrochloride

50

Fluticasone

51

Salmeterol

52

Ibudilast

53

Articaine

54

Gabexate Mesilate

55

Poloxomer

56

polymethacrylamine I, II

57

Polyacrylic Acid

58

Carbomer

59

Compound sodium phosphate tablets

60

Zidovudine, Stavudine

Food Biotechnology and Products

61

Alkaline cellulase

62

Xylanase

63

Alkali tolerant protease

64

New type of L-amino acid

65

New type of D-amino acid

66

Glutathion

67

Chiral compound resolution or isomerase

68

L-amino acid

69

D-amino acid

70

Fungus amylose

71

High purity Metallo thionein (MT)

72

Fermentation glycerol

New-type medical equipment

73

Entrapping treatment equipment with boron neutron

74

Proton treatment equipment

75

Ultrasonic transducer for medical use

76

Digital diasonograph

77

Notebook digital color diasonograph

78

Cardiac pacemaker (including intracorporal one)

79

Electric craniotome

80

Cardiac telemetric monitor

81

Endoscope for medical use

82

Eyeground camera

83

Digital X-ray unit

84

X-ray tube (including tungsten target, molybdenum target and X-CT ray tube)

85

Specialized X-ray unit

86

X-ray image intensifier

87

Positive electron tomography (PET) device

88

￿￿single photon emitter tomography (SPECT) device

89

X-ray three-dimensional directional radiation treatment system (X-ray)

90

￿￿ray three-dimensional directional radiation treatment system (￿￿ray)

91

Sensor for medical use

92

Standard enzyme immunity analyzer

93

Blood analyzer

94

Biochemical analyzer

95

Mechanical heart valve and invitro test device

96

Blood dialyzer (mechanical kidney)

97

Aqueduct for medical use

98

Blood vessel embolus agent and plunger material

99

Hemanalysis blood transfusion device

100

Device for reimportation of blood from his own body

New Material

Metal Material

1

High damping material

2

Full-length quenching heavy rail (rail of 60, 75 kg)

3

Anti-crush oil pipe for superdeep well

4

Pipeline steel of X70 and above

5

Purified, high carbon chromium bearing steel and carburization bearing steel

6

High-quality deep-drawing steel plate for automobile

7

Expansion joint of metal bellows

8

Metal hose of high-flexibility stainless steel

9

Iron based or ironnickel based amorphous, minicrystal alloy

10

Cobalt based or cobaltnickel based amorphous, minicrystal alloy

11

Hitemperature alloy powder

12

High-performance prestress steel wire

13

High-intensity and low-relaxation prestress steel strand

14

New type structural stainless strand

15

Erosion resistant modification material for the surface of turbine blade

16

High-performance agglomeration rare earth material with permanent magnetism

17

High-performance welding rare earth material with permanent magnetism

18

Highly-insulated rare earth material with permanent magnetism

19

High-performance ferrite material

20

Rare earth permanent magnet processed by anti-shielding technology

21

welding wire and thread of drug core

22

Hydrogen-stored rare earth material for dynamic battery

23

Lithium ion electrode material

24

Niobium powder and thread for capacitor

25

Polysilicon

26

Silicon monocrystal and polished chip with diameter of 150mm and 200mm

27

Zone-melting silicon monocrystal

28

Compound semiconductor material (gallium arsenide, gallium phosphide, gallium nitride)

29

Polysilicon, amorphous silicon for solar battery and battery components

30

Hitemperature superconducting material

31

Memory alloy material (titaniumnickel, copper-based and ferrum ?Cbased memory alloy material)

32

Superfine (nanometer) calcium carbide and superfine (nanometer) crystal hard alloy (including high-precision hard alloy and high-precision
hard cutter)

33

Superhard composite material

34

precious metal composite material

35

New material of rare earth and application ware

36

Compound aluminum foil for radiator

37

Medium and high voltage aluminum foil of cathode capacitance

38

Large-scale aluminum alloy bar section of special type

39

Prestretching thick plate of aluminum alloy and enveloped plate of aluminum alloy

40

Precise die forging of aluminum alloy

41

High-intensify aluminum alloy material

42

PS aluminum alloy plate

43

Aluminum plate for beverage can

44

Electrified rail overhead wire

45

Superthin copper strip

46

Erosion and heat resistant copper alloy tube for exchanger

47

High-performance coppernickel and copper ferroalloy strip

48

Berrillium copper strip, wire, tube bars

49

Rare earth luminescent material (plasma panel display fluoresent material, white LED rare earth fluoresent material)

50

High temperature and senescence resistant tungsten filament

51

Magnesium alloy cast

52

Solder without plumbum

53

Processed material of magnesium alloy plate, tube and bar

54

Magnesium alloy and magnesium alloy weld assembly processed by surface modification technology

55

Foamed aluminum

56

Titanium alloy bar and titanium welding tube

57

Big-mangneto stretching material of rare earth ferroalloy and application products

Inorganic Nonmetal material

58

Superfine powder of silicium carbide(SIC) (purity>99%, average power diameter: 0.5~5￿￿)

59

Superfine power of silicon nitride(SI3N4) (purity>99%, average power diameter: 0.5~5￿￿)

60

Superfine r-AL2O3 miropowder(average power diameter<0.5￿￿)

61

Zirconium oxide ceramic powder

62

Highly-purified aluminium nitride powder(Aln) (powder diameter: 0.5-2￿￿)

63

Antiseptic scavenger

64

Titanium dioxide (powder diameter 50~100nm, purity￿￿8.5% )

65

Silica pigment (powder diameter 10~100nm)

66

Barium titanate (purity 99% , powder diameter<1￿￿)

67

High concentration hydrogen peroxide(content 95~98%)

68

Specialized sodium phosphate

69

Ceramic wafer

70

Inorganic splitting membrane and functional diaphragm

71

Piezoelectric ceramic parts

72

High-performance ceramic cutter material

73

Multifunctional light composite board

74

Fiber gypsum board

75

High-quality synthetic quartz crystal

76

High-performance synthetic mica and products

77

Thermotropic thermal resistor (PTC)

78

Silicon carbide ceramic

79

Silicon nitride ceramic

80

Ceramic with microwave as medium

81

BN-TiB2 current conducting compound ceramic

82

ZrO2 ceramic

83

Hitemperature resistant workable ceramic

84

Diamond membrane tool

85

Diamond drawing die

86

Artificial diamond of saw blade level

87

Cubic boron nitride crystal

88

Ceramic material and product of comb extrusion

89

Porous ceramics and product

90

High-efficiency compound thermal insulation material for external wall

91

Lightweight aggregate concrete building block (not load bearing type)

92

Multidimensional, multi-directional integrated weaving fabric and modeling fabric

93

High-intensity fiberglass and high-elasticity modulus fiberglass

94

Quartz fiberglass and product

95

Aluminum coated fiberglass

96

Grey yarn felt of consecutive fiberglass and superficial felt of fiberglass

97

Direct twistless slubbing of high-density fiberglass

98

Fiberglass cloth and thin felt for microelectronics

99

Electromagnet wave screening glass

100

High-intensity anti-bulletin glass

101

Microcrystal glass baseplate for disk

102

Glass baseplate for microelectronics

103

Infrared penetrating glass

104

Fused sealing glass for electron device

105

Quartz glass for laser

106

Large-scale quartz glass diffusion tube, crucible and bell of electronic level

107

High-performance optical quartz glass

108

Optical fiber plate, image inverter and fiber light cone

109

micro-channel plate of super second generation and third generation

110

Image inverting beam

111

Laser medical fiber and laser transmitting quartz fiber

112

Fiber preformrod, fiber and fiber cable

Organic Macromolecule Material and Products

113

High anti-weathering decorative anticorrosion paint

114

Metal lighting vanish and coating varnish of CA series

115

WBC aqueous metal lighting vanish for automobile

116

cathode electrophoretic vanish with thick film of HED series

117

Paint for ship

118

Paint for aircraft

119

Rare earth cerium sulphide red dye

120

Flexible resinous plate

121

Laser image output film

122

Color ink jet printing material

123

Photoresist

124

Electronic enveloping resin

125

Ray-recording pulp for plasma color display

126

High-performance printing ink(Fineness￿￿0￿￿, acidproof, alkaliproof)

127

Superpure gas with electronic grade

128

Carbinol synthetic catalyst under low pressure

129

Conversion catalyst low water carbonizing methane

130

Catalyst of low water carbonizing CO under high temperature

131

Catalyst for catalysis and crack of heavy oil

132

FCC catalyst and accessory ingredient against the contamination of heavy metal

133

Special molecular sieve

134

Three-effect catalyst for purification of automobile tail gas

135

Special type catalyst for dearsenication of oil product

136

Aramid fiber

137

Carbon fibre

138

High-performance superfine fiber

139

High-die, low-shrinking industrial terylene filament

140

Elastic fiber

141

Electrolytic capacitor paper

142

High-performance base paper for copper-coated foil board

143

High-precision fuel filter

144

Color spray painting paper

145

Temperature-resistant sheathing paper

146

Hidronickel and Lithium batt

PORT LAW OF THE PEOPLE’S REPUBLIC OF CHINA






Order of the President of the People’s Republic of China

No.5

The Port Law of the People’s Republic of China, adopted at the 3rd Meeting of the Standing Committee of the 10th National People’s
Congress of the PRC on June 28, 2003, is hereby promulgated for implementation as of January 1, 2004.
Hu Jintao, President of the People’s Republic of China

June 28, 2003

Port Law of the People’s Republic of China

Adopted at the 3rd Meeting of the Standing Committee of the 10th National People’s Congress of the PRC on June 28, 2003

Contents
Chapter I General Provisions

Chapter II Port Planning and Construction

Chapter III Port Operations

Chapter IV Port Security and Supervisory Management

Chapter V Legal Responsibilities

Chapter VI Supplementary Provisions
Chapter I General Provisions

Article 1

This Law has been formulated for the purposes of strengthening port administration, maintaining port security and operation orders,
protecting the legitimate rights and interests of the parties concerned and promoting port construction and development.

Article 2

This Law is applicable to the undertakings of port planning, construction, maintenance, operation, management and the relevant activities.

Article 3

Ports herein refer to the areas of water and land within certain range with corresponding dock facilities of functions for entry
and exit of ships, anchorage, moorage, off and on of passengers, handling of commodities, lighterage, as well as storage.

Ports may consist of one or more port areas.

Article 4

The State Council and the relevant local people’s government of and above county level shall in the plan on national economy and
social development embody the requirements for port development and planning and protect and make rational use of the port resources
by force of law.

Article 5

The state encourages the economic organizations and individuals at home and abroad to make investment on construction and operation
of ports and protect the legitimate rights and interests of investors by force of law.

Article 6

The competent traffic authority of the State Council is in charge of the national administration of port works.

The administration of ports by local people’s government within its administrative division shall be determined according to the provisions
on the port administrative system of the State Council.

For the ports under the administration by the local people’s government of the city and county level as per the port administrative
system determined herein, the local people’s government concerned shall designate a department for actual implementation of the administrative
management of the ports concerned; and for the ports under the administration by the people’s government of the province, autonomous
region and municipality directly under the Central Government, the people’s government of the province, autonomous region and municipality
directly under the Central Government shall designate a department for actual implementation of the administrative management of
the ports concerned.

The departments determined herein for actual implementation of the administrative management of the ports are hereinafter referred
to as the administrative management of the ports.

Chapter II Port Planning and Construction

Article 7

Ports planning should be prepared and compiled according to the requirements for national economy and social development and the
demands for defense construction, which shall in the principle of rational utilization of the coastal resources conform to the planning
of urban and township system and dovetail and be in harmony with the overall land use planning, overall urban planning, river reach
planning, flood prevention planning, functional division of seas, development planning of waterway transportation, development planning
of other means, as well as other relevant planning specified by laws and administrative laws and regulations.

The preparation and compilation of ports planning shall witness expert demonstration and evaluation of environmental influences by
force of law.

Article 8

The ports planning shall consist of port layout planning and overall port planning.

The port layout planning refers to the layout and distribution planning of ports, including national port layout planning and port
layout planning of the province, autonomous region and municipality directly under the Central Government.

The overall port planning refers to the specific planning of a port in certain period, including the water and land scopes of the
port, division of the port area, throughput and categories of potential ships, nature and functions of the port, utilization of the
water and land areas, port facilities, use of the coastal lines built, configuration of construction land, and sequences for phased
construction, etc.

The overall port planning shall conform to the port layout planning.

Article 9

The national port layout planning should be prepared by the competent traffic authority of the State Council upon solicitation of
the opinions of the relevant departments of the State Council and the relevant military organs, which should be ratified by the State
Council before promulgation and implementation.

The port layout planning of the province, autonomous region and municipality directly under the Central Government shall be prepared
and compiled under the organization of the people’s government of the province, autonomous region and municipality directly under
the Central Government, which should be submitted for solicitation of opinions form the competent traffic authority of the State
Council according to the national port payout planning. In case no opinions have been aired for modification by the competent traffic
authority of the State Council within thirty days upon its receipt of the solicitation of opinions, such port layout planning may
be promulgated for implementation by the people’s government of the province, autonomous region and municipality directly under the
Central Government; in case the competent traffic authority of the State Council is of the opinion that the port layout planning
is not in compliance with the national port layout planning, the opinions on modifications should be provided for within thirty days
upon receipt of the solicitation of opinions; and in case the people’s government of the province, autonomous region and municipality
directly under the Central Government is in disputer with the modification opinions, a petitions may be submitted for decision by
the State Council.

Article 10

The overall port planning should be prepared and compiled by the port administrative department upon solicitation of opinions from
the relevant departments and the relevant military organs.

Article 11

The overall planning of the principal ports of important geographical positions, large throughput and wide influence on economic
development should be promulgated for implementation with joint approval by the people’s government of the province, autonomous region
and municipality directly under the Central Government upon solicitation by the competent traffic authority of the State Council
of opinions from the relevant department of the State Council and the relevant military organs. The directory of the principal ports
should be determined and promulgated upon solicitation by the competent traffic authority of the State Council of opinions from the
relevant department of the State Council.

The people’s government of the province, autonomous region and municipality directly under the Central Government shall determine
the important ports within the administrative division under its jurisdiction upon solicitation of opinions from the competent authority
of the State Council. Before promulgation and implementation, the overall planning of important ports should be ratified by the people’s
government of the province, autonomous region and municipality directly under the Central Government upon solicitation of opinions
from the competent traffic authority of the State Council.

The overall planning of the ports other than those specified by the above-mentioned two paragraphs should be approved by the local
people’s government of city and county level before promulgation and implementation, which should also be submitted for filing by
the people’s government of the province, autonomous region and municipality directly under the Central Government.

The overall port planning prepared and compiled by the port administrative departments of the people’s government of city and county
level within the scope specified by the first and second paragraphs of this article should be reviewed and ratified by the people’s
government of the proper level before submission for ratification and approval.

Article 12

The modification of the port planning should be handled with in compliance with the statutory procedures for port planning.

Article 13

The construction of port facilities in the overall planned areas of ports and use of the deep-water lines of ports should be approved
by the competent traffic authority of the State Council jointly with the comprehensive and macro-control and adjustment department
of economy of the State Council, and the construction of port facilities and use of the deep-water lines of ports should be approved
by the port administrative departments, provided that the use of port coastal lines by the projects to be constructed with approval
by the State Council or the comprehensive and macro-control and adjustment department of economy of the State Council does not require
for separately handling of the procedures relating to approval for use of the port coastal lines.

The competent traffic authority of the State Council should formulate the standards for the deep coastal lines of ports.

Article 14

The port construction shall be in compliance with the port planning and no port facilities should be constructed in violation of
the port planning.

Article 15

The port construction projects requiring for approval by the relevant organ according to the state provisions, shall go through the
examination and approval procedures in compliance with the relevant state provisions, which shall conform to the relevant state standards
and technological norms.

The construction of the port engineering project shall go through the evaluation of environmental impacts by force of law.

The security facilities and environmental protection facilities for port construction projects must by designed, implemented and put
into use synchronously with the mainstay engineering.

Article 16

The use of land and water areas for port construction shall be handled with in compliance with the provisions of the laws and administrative
regulations concerning the land administration, administration for use of seas, watercourse administration, navigation administration,
and the protection administration of military facilities, as well as other relevant laws and administrative regulations.

Article 17

The places of the ports where dangerous cargos are processed and where sanitary and insecticide treatment are made shall meet the
requirements of the overall port planning and the relevant state security production, firefighting, inspection, quarantine and environmental
protection, and their distance from densely populated areas and passenger facilities of the ports shall conform to the provisions
of the relevant departments of the State Council. The construction may be started only upon handling of the relevant formalities
by force of law and approval by the port administrative department.

Article 18

Navigation mark facilities and other accessory facilities shall be constructed synchronously with the ports, thus ensuring scheduled
start of use.

The construction of the office facilities of the relevant administrative administration of the ports shall conform to the overall
port planning, the construction fees of which should not be distributed to the port operators.

Article 19

The construction projects of port facilities can only be put into use after qualified acceptance examination upon their completion
in compliance with the relevant state provisions.

The ownership of the port facilities shall be determined according to the provisions of the relevant law.

Article 20

The relevant people’s government above county level shall ensure necessary capital input, which should be used for construction and
maintenance of the infrastructures of the navigation path, wave-prevention slope and anchoring sites for public use of the ports.
The detailed measures thereof should be provided for by the State Council.

Article 21

The relevant people’s government above county level shall take measures for organizing and constructing complementary facilities
of the ports, such as navigation path, railway, highway, water supply and drainage, power supply and communication.

Chapter III Port Operations

Article 22

The undertakings of port operation shall be available for the port operating licenses obtained from the port administrative department
with written application with registration made at the administration for industry and commerce. by force of law.

The port administrative department shall abide by the principles of openness, fair and equality in implementing the port operation
licenses.

Port operations include the operations of docks and other port facilities, operations of passenger services of the ports, operations
of handling, lighterage and warehousing within the port area and the operations of tugboats of the ports.

Article 23

The obtaining of the port operation licensing shall be available with fixed operation sites, corresponding facilities, equipment,
professional technicians and management personnel relating to the operation businesses, together with other conditions specified
by laws and regulations.

Article 24

The port administrative department shall within thirty days upon receipt of the written application as specified by the first paragraph
of Article 22 herein make decision on whether or not granting the license by force of law. In case the license is granted, the certificate
for license of port operation will be issued, otherwise, reasons thereof should be notified to the applicant in writing.

Article 25

Operations of port trimming services shall be eligible for licenses obtained according to the provisions. The implementation of the
operation licenses for port trimming services shall abide by the principles of openness, fairness and equality, the detailed measures
for which should be provided for by the competent traffic authority of the State Council.

The operators of port trimming services shall fairly and accurately handle with the trimming services, being prohibited from concurrent
operations of the cargo handling services and warehousing services specified in the third paragraph of Article 22 herein.

Article 26

in undertakings of operations, the port operators shall abide by the relevant laws and regulations, the provisions of the port operation
rules of the competent traffic authority of the State Council and perform the contractual duties by force of law, thus providing
customers with fair and excellent services.

The operators undertaking the port passenger services shall adopt effective measures for the security passengers, provide passengers
with quick, convenient and flexible services, and maintain good climate for waiting of the scheduled travel.

The port operators shall adopt effective measures for prevention and treatment of the pollution and harms to the environment according
to the relevant laws and regulations on environmental protection.

Article 27

The port operators shall take priority in arranging the rescue materials, calamity relief materials and materials urgently required
by national defense construction.

Article 28

The port operators shall at the business sites publish the charging items and charging criteria of the operation services, which
should not be implemented without publication.

In case the operation charges of ports adopt the prices directed or determined by the government by force of law, the port operators
shall execute in compliance with the provisions.

Article 29

The state encourages and protects the fair competition in port operation activities.

The port operators shall not implement monopoly acts or unfair acts, or force others to provide port services by any means.

Article 30

According to the provisions of the Statistic Law of the PRC and the relevant administrative laws and regulations, the port administrative
department requires for the port operators to provide the statistic data, which should be provided truthfully by the port operators.

The port administrative department shall according to the relevant state provisions submit the statistic data submitted by the port
operators and keep confidential the commercial secrets of the port operators.

Article 31

The legitimate rights and interest of the port operators is protected by law and no unit or individual shall distribute charges to
or illegally collect charges from the port operators or illegally interfere with the operation autonomy of the port operators.

Chapter IV Port Security and Supervisory Management

Article 32

According to the provisions of the Security Production Law of the People’s Republic of China, other relevant laws and regulations
and the security operation rules on ports of the competent traffic authority of the State Council, the port operators shall strengthen
the administration of security production, establish and perfect rules and systems relating to the security production responsibility
system, perfect the security production conditions, adopt the effective measures for safeguard of the security production and ensure
the security production.

The port operators shall by force of law formulate the preplan on incident emergency of the dangerous cargos of the this port, the
urgent passenger scattering and rescue preplan in case of material production security incidents and preplan on prevention of natural
disasters, thus safeguarding the organization and implementation thereof.

Article 33

The port administrative department shall by force of law formulate the preplan on incident emergency of the dangerous cargos of the
this port potentially to the detriment of social public interests, the urgent passenger scattering and rescue preplan in case of
material production security incidents and preplan on prevention of natural disasters, and establish and perfect the urgent rescue
system in case of material production security incidents on the ports.

Article 34

Entry and exit of ships of the ports shall be reported to the marine administrative authority according to the laws and administrative
laws and regulations of water traffic, upon receipt of which the marine administrative authority shall give timely notice to the
port administrative department.

Port entry and exit of ships with dangerous cargos shall according to the provisions of the competent traffic authority of the State
Council be accompanied with report of the names, features, package and time of entry and exit of the port of the dangerous cargos
to the marine administrative authority, upon receipt of which the marine administrative authority shall within the time specified
by the competent traffic authority of the State Council determine whether or not consent is granted, together with notice to the
reporter and submission to the port administrative department, provided that fixed ships and ships of fixed navigation lines and
fixed cargo varieties may be reported regularly.

Article 35

In case of handling of dangerous cargos and their transfer among ships in the port, the names, features, package and time and place
for such operations of the dangerous cargos should according to the provisions of the competent traffic authority of the State Council
be reported to the marine administrative authority, upon receipt of which the marine administrative authority shall within the time
specified by the competent traffic authority of the State Council determine whether or not consent is granted, together with notice
to the reporter and submission to the port administrative department.

Article 36

The port administrative department implement supervisions and inspection on the security production of the ports and focus on patrol
inspection on the docks of concentrated passenger flow and big volume of cargos or of special use, and in case of any hidden risks
found during the inspection, the inspected should be ordered to eliminate such risk immediately or within time limits.

The department in charge of security production and the relevant departments shall according to the provision of laws and regulations
implement supervisions and inspection on the security production of the ports within their authority.

Article 37

Cultivation and plantation activities are prohibited in the ports.

No digging or explosion activities should be conducted in the ports that may harm the port security, which, if required for engineering
construction, should be adopted with the corresponding security and protection measures with approval from the port administrative
department, and if required for approval by the marine administrative authority according to the laws and administrative laws and
regulations of water traffic, submission should be made for such approval by the marine administrative authority.

No soil, sand or stones should be poured in the port water and poisonous and harmful substance exceeding specific standards should
not be discharged in violation of the relevant laws and regulations on environmental protection.

Article 38

In case of project construction of bridges, underwater tunnels and water power stations that may be of influence on the changes of
the port hydrological conditions, the department in charge of approval of such project shall solicit the opinions of the port administrative
department prior to examination and approval.

Article 39

According to the laws and administrative laws and regulations of water traffic￿￿ships needing navigation pilot for entry and exit
of the ports shall apply for pilot with the piloting agency, the detailed measures for piloting should be specified by the competent
traffic authority of the State Council.

Article 40

In case of congestion of the ports due to stay of passengers and accumulation of cargos, the port administrative department shall
timely adopt effective measures for alleviation of the port load and the local people’s government of city and county level may,
if necessary, directly adopt the measures for port alleviation.

Article 41

The port administrative department shall organize for formulation of the articles of association of the ports under its administration,
which should be published.

The articles of association of the ports shall include the description of the geological location of the ports, the navigation path
conditions, depth of the port pool, machinery facilities and handling capacity, as well as the specific measures for the ports to
implement the laws and regulations on port administration and the relevant provisions of the competent traffic authority of the State
Council.

Article 42

The port administrative department shall supervise and inspect the implementation of this Law.

When implementing supervision and inspection by force of law, the inspectors of the port administrative department shall be enpost_titled
to understand the relevant circumstances from the inspected units and the relevant persons and read and copy the relevant materials.

The inspectors shall keep confidential the commercial secrets accessed during inspection.

The inspectors shall present the enforcement certificates while implementing inspection and supervision.

Article 43

The inspectors shall record in writing the inspection time, place, content, problems found and treatment, which should be singed
by the inspectors and the responsible person of the inspected unit, and in case the responsible person of the inspected unit refuses
to sign on the records, the inspectors shall keep filing and report to the port administrative department.

Article 44

The inspected units and the relevant persons shall accept the inspection and supervision implemented by the port administrative department
by force of law, such as truthfully providing the relevant circumstances and materials, not refusing to the inspection, not concealing
and fraudulently reporting the relevant circumstances and materials.

Chapter V Legal Responsibilities

Article 45

In any of the following cases, the people’s government above county level or the port administrative department shall order for correction
in time limit and in case no correction has been made, the authority making such order may apply with the people’s court for dismantling
the facilities constructed in breach of law, and/or together with fins no more than RMB50,000.00:

(1)

Construction of ports, dock or other port facilities in violation of ports planning;

(2)

Construction of port facilities and use of port coastal lines without approval.

In case the examination and approval department of the construction project approve the projects constructed in violation of the port
planning, the direct responsible executive and other direct responsible person should be accorded with administrative punishment.

Article 46

In case of construction of operation sites for dangerous cargos in the port, special sites for sanitary and insecticide treatment
without approval by force of law, or the distance from the operation sites for dangerous cargos in the port and special sites for
sanitary and insecticide treatment to densely populated areas or passenger facilities of the ports is not in compliance with the
provision of the relevant department of the State Council, the port administrative department may order for stopping the construction
or the use concerned and for correction in time limit, and/or together with fines no more than RMB50,000.00.

Article 47

Use of docks, or port handling facilities, passenger facilities without qualified examination and approval, the port administrative
department may order for stopping use of such facilities concerned and for correction in time limit, and/or together with fines no
more than RMB50,000.00.

Article 48

In case of any of the following acts, the port administrative department may order for stopping the illegal operations and confiscation
of the illegal incomes. In case the illegal incomes exceed RMB100,000.000, fines of two to five times the illegal incomes may be
imposed concurrently; and in case the illegal incomes is no more than RMB100,000.000, fines no less than RMB50,000.00 but no more
than RMB100,000.00 may be imposed:

(1)

Undertaking of port operations without obtaining the port operation license by force of law;

(2)

Undertaking of port trimming services without license by force of law; and

(3)

The port trimming operators are concurrently involved in undertakings of cargo handling and warehousing services.

In case of act specified in the above-mentioned paragraph (3) with serious circumstances, the relevant competent authority may revoke
the license for port trimming services.

Article 49

In case the port operators does not take priority in arranging the works relating to rescue materials, calamity relief materials
and materials urgently required by national defense construction, the port administrative department shall prosecute for correction,
and in case of serious results, the port business license may be repealed.

Article 50

In case the port operators implement monopoly acts or unfair acts in business activities in violation of the relevant laws and administrative
laws and regulations, legal responsibilities should be undertaken in compliance with the provisions of the relevant laws and administrative
laws and regulations.

Article 51

The port operators in breach of the provision on security production of Article 32 of this Law, the port administrative department
or other department in charge of supervision and administration of security production by force of law may accord corresponding punishment;
in serious case, the port administrative department may revoke the port operation license and accord punishment with the principal
responsible persons; and in case of crimes constituted, penal punishment may be prosecuted by force of law.

Article 52

In case of entry and exit of ships of the port without reporting to the marine administrative authority in compliance with the provisions
of Article 34 of this Law, the marine administrative authority shall accord with the punishments according to the laws and administrative
laws and regulations of water traffic.

Article 53

In case of undertaking of handling and transferring among ships dangerous cargos in the port without reporting to the port administrative
department with consent by force of law, the port administrative department may order for stopping of the operations with fines no
lees than RMB5,000.00 but no more than RMB50,000.00.

Article 54

In case of cultivation and plantation activities in the port water areas, the marine administrative department shall order for correction
within time limit, and in case no correction has been made upon such order, the cultivation and plantation facilities should be dismantled
with the expenses thereof to be borne by the offender, and/or together with fine no more than RMB10,000.00.

Article 55

In case of digging and explosion activities, or pouring clay, sand, and stone in the port water areas that may harm the port security
without approval by force of law, the port administrative department shall order for stopping such acts and for elimination of any
hidden risk thereof within time limits; and in case no elimination has been achieved, such elimination shall be enforced with the
expenses thereof to be borne by the offender, and/or together with fine no less than RMB5,000.00 but no more than RMB50,000.00; in
case of punishment to be imposed by the marine administrative department in compliance with the provision of the laws and administrative
laws and regulations of water traffic, such provision should be observed, and in case of crimes constituted, penal punishment should
be prosecuted.

Article 56

In case of any of the following acts on the part of the competent traffic authority, the port administrative department or the marine
administrative department in violation of law, the direct responsible executive and other direct responsible person should be accorded
with administrative punishment, and in case of crimes constituted, penal responsibilities should be prosecuted:

(1)

Approval for construction of port facilities and use of port coastal lines in violation of law, approval for construction of operation
sites for dangerous cargos in the port, or special sites for sanitary and insecticide treatment in violation of law, or approval
for entry or exit of ships with dangerous cargoes of the ports in violation of law, or approval for handling and transfer among ships
dangerous cargos in the ports in violation of law;

(2)

Granting port operation license or port trimming service

CIRCULAR ON DISTRIBUTING THE MEASURES FOR THE ADMINISTRATION OF VERIFICATION AND WRITING-OFF OF EXPORT PROCEEDS IN FOREIGN EXCHANGE

The State Administration of Foreign Exchange

Circular on Distributing the Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange

HuiFa [2003] No.91

August 19, 2003

The branches and foreign exchange departments of the State Administration of Foreign Exchange (the SAFE) of the provinces, autonomous
regions, and municipalities directly under the Central Government, the branches of the SAFE in Shenzhen, Dalian, Qingdao, Xiamen,
and Ningbo; and the designated foreign exchange banks:

In order to further improve the administration of verification and writing-off of export proceeds in foreign exchange, to enhance
the efficiency of regulation and service, and to promote the development of China’s foreign trade, the SAFE has formulated the new
Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange (hereinafter referred to as
the Measures, see the attachments), and has obtained the consent jointly signed by the Ministry of Commerce, the General Administration
of Customs, and the State Administration of Taxation. The Measures are hereby distributed to you. Please carry them out accordingly.

In order to implement the Measures, the SAFE has designed and developed the “System of Verification and Report of Export Proceeds
in Foreign Exchange” (hereinafter referred to as the System), which is to be promoted and operated all over the country on a phased
basis. Considering that the time to start using the System by the localities is different, and in order to avoid confusion, any region
that has already started using the System before the implementation of the Measures shall execute the provisions of the Measures;
whereas any region that has not started to use the System shall still execute the former relevant provisions on the administration
of verification and writing-off of export proceeds in foreign exchange. The branches and designated foreign exchange banks shall
transmit this Circular to the agencies under their respective jurisdictions as soon as possible upon receipt of it. Please pass on
any problems arising during the execution to the Department of Current Accounts under the SAFE.

Attachment:

1. Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange

2. Catalogue of the Documents Repealed

Attachment 1Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange

Article 1

In order to further improve the administration of export proceeds in foreign exchange, and to promote the development of China’s foreign
trade, the Measures are enacted in accordance with the Regulations of the People’s Republic of China on Foreign Exchange Administration.

Article 2

Definitions of the following terms used in the Measures:

“Exporters” refers to all the entities that have been approved or registered by the commerce authorities or the organs authorized
thereby and that have the power of foreign trade management.

“Banks” refers to the banks and the branches thereof that have been approved or put on record by the financial supervisory and management
bodies of the state and the organs authorized thereby, and banks include Chinese-funded banks and foreign-funded banks.

“Forms for the verification and writing-off of export proceeds in foreign exchange” (hereinafter referred to as verification forms)
refers to the important vouchers with unified numbers that are uniformly managed by the SAFE and issued by the branches thereof,
and by which the exporters make declaration of exports with the customs offices, collect export proceeds in foreign exchange with
the banks, make verification and writing-off of export proceeds in foreign exchange (hereinafter referred to as verification) with
the foreign exchange authorities, and apply for export tax refund with the tax authorities.

“Certification Page of the Customs Declaration Form for Export Proceeds in Foreign Exchange” (hereinafter referred to as declaration
form) refers to the declaration form that is issued by the customs office to the exporter, after the clearance of the export goods,
to prove that the actual export of the goods, and on the basis of which the verification formalities are processed.

“Special Page of Verification and Writing-off of Export Proceeds in Foreign Exchange” (hereinafter referred to as special page) refers
to the special exchange settlement receipt for verification, or the special collection advice for verification that is issued by
the bank to the exporter and on the basis of which the verification formalities are processed.

“Future reference of verification” refers to the administrative system of verification in which the data of receivable proceeds in
foreign exchange that an exporter can not normally verified and written off due to objective reasons is transferred from the routine
regulatory database to the future reference database specially established, and is no longer included in the routine examination,
the exporter shall still be obliged to handle the verification, and the SAFE and the branches thereof shall continue to regulate
and investigate the exporter.

Article 3

the SAFE and the branches thereof (hereinafter referred to as foreign exchange administrations) are the administrative organs of verification,
shall supervise and administer the acts related to the collection of export proceeds in foreign exchange by the exporters and banks,
and shall process the verification formalities for the exporters through the System and the “System of China Electronic Port for
Collection of Export Proceeds in Foreign Exchange”.

Article 4

The foreign exchange administrations shall, in conjunction with the commerce authorities, make assessments of the verifications by
the exporters on an annual basis, grade the exporters and promulgate the grades.

Article 5

The verification shall be administered on a regional basis, an exporter shall make registration, apply for the verification form,
and go through the verification formalities with the foreign exchange administration of the place where it is registered.

Article 6

Where an exporter exports goods to any regions subject to closed customs control, such as overseas or domestic bonded areas, export
processing areas, diamond exchanges, etc. (hereinafter referred to as special domestic economic areas), or exports goods by way of
deep processing transit, etc., wherever it is needed to export by any method subject to the regulation of verification form, the
exporter shall go through the formalities for customs declaration on the strength of the verification form, and shall go through
the verification formalities. Where the goods are exported by any methods not subject to the regulation of verification form, the
exporter need not make the customs declaration on the strength of the verification form, neither need it go through the verification
formalities.

Article 7

Foreign exchange administrations shall apply classified administration to the verifications by the exporters according to the assessment
results of the verifications and other relevant information.

Article 8

An exporter shall, after obtaining the power of export management, go through the formalities for certification of access to “China
Electronic Port”, and shall make registration for record with the foreign exchange administration, which shall establish the verification
archive for the exporter.

Article 9

In the case of any alteration of the recorded information, an exporter shall make the alteration registration with the foreign exchange
administration in good time, and the foreign exchange administration shall alter the IC card authority of that exporter at “China
Electronic Port”. Where the exporter terminates its operations or is disqualified from foreign trade, it shall write off the registration
with the foreign exchange administration, which shall write off the IC card authority of that exporter at “China Electronic Port”.

Article 10

An exporter shall apply for the verification forms with the foreign exchange administration on the strength of the IC card of enterprise
operator of “China Electronic Port” and other prescribed certificates. The foreign exchange administration shall, after issuing the
verification form to the exporter, transmit the electronic ledger data of the verification form to the data center of “China Electronic
Port”.

Article 11

The verification forms may only be used by the exporter that applied for it, and may not be altered, lent, used in other’s name, transferred,
or traded.

Article 12

Where an exporter terminates operations, is disqualified from foreign trade, or is merged or split, it shall handle the verification
pursuant to the following provisions:

1)

Where the exporter no longer operates export business because of termination of operations or disqualification from foreign trade,
it shall return the unused verification forms to the foreign exchange administration to write off them, and with respect to the verification
forms by which the goods are declared and exported, the exporter shall continue to handle the verification formalities pursuant to
the provisions. The foreign exchange administration shall stop issuing forms to that exporter, and shall “prohibit the use” of the
forms that have already been issued to that exporter and remain unused.

2)

Where the exporter no longer operates export business as a result of merger or split, it shall return the unused verification forms
to the foreign exchange administration to write off them. The foreign exchange administration shall “prohibit the use” of the forms
that have already been issued to that exporter and remain unused.

3)

Where the exporter continues to operate export business as a result of merger or split, it shall assume the former exporter’s business
for which the export proceeds in foreign exchange are verified and written off according to the stipulations of the agreement of
merger or split.

Article 13

The foreign exchange administration may adjust the number of the forms issued according to the assessed grades of verifications and
the daily business operations of the exporters. With respect to the exporters that have committed acts seriously violating the provisions
on foreign exchange control, the foreign exchange administration may restrict the number of forms issued to them, or may “prohibit
the use” of the verification forms that have been issued to them but are unused.

Article 14

The foreign exchange administration shall employ automatic verification, group verification, and one-by-one verification respectively
to the exporters on the basis of the assessments of the verifications by the exporters, the assessments by the customs, tax, and
commerce authorities, and the reports of international balance, etc., as well as different trade methods.

The conditions for exporters that are subject to automatic verification shall be provided by the SAFE, the catalogue shall be determined
by the SAFE, and be promulgated by the branches.

Article 15

An exporter shall, before making declaration with the customs office, put on record the verification form through the “System of China
Electric Port for Collection of Export Proceeds in Foreign Exchange” with the customs office where the declaration is to be made.

Article 16

An exporter shall, in making the customs declaration, faithfully report to the customs office the transaction method, report the transaction
price, quantity, freight, insurance premium, as well as the agreement number of the processing trade contract, etc., according to
the transaction method, and thus to guarantee the authentication and completeness of the data declared.

Article 17

The customs office shall process the clearance formalities for the exporter if no mistake has been found upon examination of the verification
form and other declaration materials submitted by the exporter, and after verifying the electronic ledgers of the verification form.
The customs office shall affix the “examination seal” on the verification form, make the remark of “used” to the electronic ledger
data of the verification form, and upon application by the exporter, issue the declaration form with the number of the verification
form to the exporter after the clearance. The number of the verification form and that of the declaration form shall be identical
with each other. The customs office shall, after issuing the declaration form to the exporter, transmit to the data center of “China
Electronic Port” the remarks made on the verification form and the electronic ledger of the declaration form.

Article 18

With respect to the export proceeds collected by an exporter from overseas, special economic areas, or off-shore accounts of overseas
clients opened with the banks operating off-shore bank business within China, and the export proceeds collected by a transferor from
the transferee under deep processing transit, etc., the bank shall, pursuant to the provisions, make foreign exchange settlement
or pay into account the export proceeds in foreign exchange for the exporter, and issue the special verification page to the exporter.

Article 19

An exporter shall, after exporting the goods and within 30 days no later than the anticipated date of proceeds collection, make the
report of verification with the foreign exchange administration by taking with it the verification form, the declaration form, the
special verification page, and other prescribed verification vouchers.

With respect to the future collection of proceeds in foreign exchange of which the anticipated date of collection is 180 days (including
180 days) or more after the declaration date, the exporter shall put on record the future collection with the foreign exchange administration
within 60 days after making the customs declaration.

Article 20

The foreign exchange administrations shall upload the verified electronic data of the previous month to the data center of “China
Electronic Port” for consulting or use by the relevant authorities of commerce, customs, and tax, etc.

Article 21

Under exports by agent, the agent shall process the formalities, such as applying for the verification form, making the export declaration,
handling the verification, and making the report of verification.

Article 22

The foreign exchange administration shall, after accepting the report of verification from an exporter, examine the authentication
of the verification vouchers or data provided by the exporter. Where the data reported by the exporter is incomplete, that exporter
shall be required to make supplementation. Where the data reported by the exporter is inconsistent with the electronic data transmitted
by the customs office or bank, the exporter shall be required to check, modify and make up the data with the relevant departments.
The customs office and bank shall deal with an application within 5 workdays after receiving it from an exporter.

Article 23

In examining the verification vouchers provided by an exporter, the foreign exchange administration shall, if the vouchers are complete,
the data is correct, and the balance between the export and the proceeds in foreign exchange collected or the import has not exceeded
the prescribed standards, make the verification according to different trade methods. Where the balance between the export and the
proceeds collected or the import exceeds the prescribed standards, the foreign exchange administration shall, after making sure that
the prescribed certifications of balance are correct, handle balance verification for the exporter. Where the balance between the
export and the collected proceeds or the import exceeds the prescribed standards, and no prescribed balance certifications are provided,
if the case meets the relevant provisions, future reference of balance shall be granted; if the case fails to meet the conditions
for future reference and exceeds the prescribed time limit for verification, such a case shall be treated as one not verified and
written off within the prescribed time limit.

Article 24

After handling the verification formalities for an exporter, the foreign exchange administration shall return the special tax refund
page of the verification form to the exporter pursuant to the provisions. Exporters subject to autonomic verification shall be governed
separately by other provisions.

Article 25

Where an exporter is unable to make normal verifications due to objective reasons, the foreign exchange administration may grant future
reference of verifications with respect to the data of receivable export proceeds that should be verified and written off.

Article 26

Where an exporter incurs any refund or compensation in foreign exchange under exports, it shall apply to the foreign exchange administration
by taking with it the certifications, and after its export proceeds actually collected are set off if no mistake is found upon examination
by the foreign exchange administration, it shall go through the formalities for purchase and payment of foreign exchange for the
refund or compensation with the bank on the strength of the “Certification of Setoff Export Proceeds/Verification” issued by the
foreign exchange administration.

Article 27

Where an exporter fails to handle the verification formalities within the prescribed time limit, it shall be brought into the administration
of those failing to make verification within the prescribed time limit, and the foreign exchange administration shall regularly urge
that exporter to make the verification hat has been defaulted. The foreign exchange administration shall punish the exporter that
fails to handle the verification formalities after being urged and without justified reasons.

Article 28

Exporters and banks shall handle the verification formalities in strict accordance with the Measures, and those violating the Measures
shall be punished by the foreign exchange administrations in accordance with the Regulations of the People’s Republic of China on
Foreign Exchange Administration and other relevant provisions.

Article 29

The power to interpret the Measures shall remain with the SAFE.

Article 30

The Measures shall take effect as of October 1, 2003. The relevant regulations listed in Attachment 2 shall be repealed at the same
time, and if any previous provisions conflict with the Measures, the latter shall prevail.

Attachment 2Catalogue of the Documents Repealed

1.

Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange promulgated by the SAFE and
other departments in December 1990

2.

Circular on Sorting out Old Verification Forms of Export Proceeds in Foreign Exchange (96) (HuiGuoHanZi No.055) promulgated by the
SAFE on March 5, 1996

3.

Circular on Strict Examination of the Anti-Counterfeiting Labels of Declaration Forms of Import and Export Goods (HuiChuan [1996]
No.04) promulgated by the SAFE on March 28, 1996

4.

Circular on the Relevant Issues Concerning Clarification of the “Twice Verification of Customs Declaration Forms of Import and Export
Goods” (96) (HuiGuoHanZi No.178) promulgated by the SAFE and the General Administration of Customs on June 27, 1996

5.

Interim Measures on the Administration of the Payment and Verification and Writing-Off of Refund and Compensation in Foreign Exchange
under Exports promulgated by the SAFE on June 28, 1996

6.

Circular on Further Strengthening the Administration of Verification Forms of Export Proceeds in Foreign Exchange (97) (HuiGuoHeZi
No.001) promulgated by the SAFE on January 8, 1997

7.

Provisions on the Relevant Issues Concerning the Issuing of Special Page of Verification Form of Export Proceeds in Foreign Exchange
promulgated by the SAFE on September 29, 1997

8.

Supplementary Provisions on the Issues Concerning the Verification and Writing-Off of Export Proceeds in Foreign Exchange promulgated
by the SAFE on September 29, 1997

9.

Circular on the Relevant Issues Concerning the “Twice Verification” of Import and Export Declaration Forms (97) (HuiGuoHanZi No.214)
promulgated by the SAFE and the General Administration of Customs on July 28, 1997

10.

Circular on Fixing the Minimum Time for Keeping of the Original Vouchers of Verification and Writing-Off of Export Proceeds in Foreign
Exchange (98) (HuiGuoHanZi No.046) promulgated by the SAFE on February 18, 1998

11.

Circular on Further Strengthening the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange (1998)
(HuiFa No.27) promulgated by the SAFE on September 21, 1998

12.

Circular on Strengthening the Control of Verification and Writing-Off of Export Proceeds in Foreign Exchange Derived from Tourism
Purchases (2000) (HuiFa No.170) promulgated by the SAFE on December 29, 2000

13.

Circular on Distributing the Implementation Rules of the Measures for the Administration of Verification and Writing-Off of Export
Proceeds in Foreign Exchange (98) (HuiGuoFaZi No.012) promulgated by the SAFE on June 22, 1998

14.

Circular of the State Administration of Foreign Exchange on Distributing the Operational Rules for the Administration of Verification
and Writing-Off of Export Proceeds in Foreign Exchange (2002) (HuiFa No.112) promulgated by the SAFE on November 13, 2002.

 
The State Administration of Foreign Exchange
2003-08-19

 




CIRCULAR ON THE QUALIFICATION ADMINISTRATION OF FOREIGN-OWNED ENTERPRISES OPERATING CONTRACTED PROJECTS WITHIN CHINA






Ministry of Construction

Circular on the Qualification Administration of Foreign-owned Enterprises Operating Contracted Projects within China

[2003] No. 193 of the Ministry of Construction

September 28, 2003

The construction departments of every province and autonomous region, the construction commissions of the municipalities directly
under the Central Government, the construction administration bureaus of Shandong and Jiangsu Provinces, the construction departments
of the relevant departments of the State Council, the Engineering Bureau of the Barracks Section of the General Logistics Department
of the PLA:

Article 26 of the Rules for the Administration of Foreign-funded Construction Enterprises (Order of the Ministry of Construction
and Ministry of Foreign Trade and Economic Cooperation No. 113) ordains: “the Interim Measures for the Qualification Administration
of Foreign-funded Enterprises Operating Contracted Projects within China (Order of the Ministry of Construction No. 32) issued by
the Ministry of Construction in 1994 shall be abolished as of October 1, 2003”. In the meanwhile, under Rules for the Administration
of Foreign-funded Construction Enterprises, no foreign-owned enterprises may contract projects after October 1, 2003 until it acquired
the construction enterprise qualification certificate. Because of SARS in the first half of this year, the work related to the foundation
and the qualification application of the foreign-owned construction enterprises was affected. For the work to go on smoothly, we
hereby announce the following:

1.

Where a foreign enterprise has obtained the Qualification Certificate for Foreign-owned Enterprises to Contract Projects, but failed
to obtain the Foreign-funded Construction Enterprise Qualification Certificate before October 1, 2003, may apply for an extension
of its qualification certificate or an expansion of geographic scope of the contracted projects on the basis of the contracts it
has concluded prior to April 1, 2004.

The foreign-owned enterprises that meet the requirements as mentioned in the preceding paragraph may apply for the extension of their
respective qualification certificates or for the expansion of geographic scope of the contracted projects prior to April 1, 2004.
The applications shall be subject to the preliminary examination of the administrative departments for construction of all provinces,
autonomous regions and the municipalities directly under the jurisdiction of the central government, and all of the applications
approved in the preliminary examination shall be submitted to the Ministry of Construction for approval.

2.

Foreign investors in the enterprises that have acquired the Foreign-funded Construction Enterprise Qualification Certificate in accordance
with the relevant provisions of the No. 133 Order of the Ministry of Construction and the Ministry of Foreign Trade and Economic
Cooperation are not permitted to continue to contract projects within China by acting as a foreign investor with the Qualification
Certificate of Foreign Enterprises to Contract Projects. At the time of issuing the Foreign-funded Construction Enterprise Qualification
Certificate, the administrative departments for construction of all provinces, autonomous regions, and municipalities directly under
the jurisdiction of the central government shall take back the Foreign-funded Construction Enterprise Qualification Certificate.

3.

The administrative departments for construction of all provinces, autonomous regions and municipalities directly under the jurisdiction
of the central government shall, according to the requirements mentioned above, strengthen the administration work related to the
qualification applications of foreign enterprises, and in the meanwhile, make great effort to collect all the information on the
implementation of the Interim Measures for the Qualification Administration of Foreign Enterprises Contracting Projects within China
(Order of the Ministry of Construction, No. 32) (For specific requirements, See the Attachment) and shall submit the Information
Summary Form for Foreign Enterprises Operating Contracted Projects within China to the Construction Market Management Department
of this Ministry before April 1, 2004.

4.

The enterprises of Hong Kong, Macao and Taiwan that may operate contracted projects within Mainland China shall refer to the statements
above.

Annex: Information Summary Form for Foreign Enterprises Operating Contracted Projects Within China

htm/e03243.htm￿￿￿￿

￿￿

Attachment:

Information Summary Form for Foreign Enterprises Contracting Projects Within China

 (1994-2004)

￿￿

Province or Municipality directly under the Central Government or Autonomous Regions:

Serial  Number

Enterprise Name

Country or Region

Main Profession of the Contracted

Projects Contact Person

Telephone

Notes

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PROVISIONS ON THE INVESTIGATION OF INDUSTRY INJURY UNDER SAFEGUARD MEASURES

Ministry of Commerce

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

No.5

Provisions on the Antidumping Investigation of Industry Injury, Provisions on the Countervailing Investigation of Industry Injury,
Provisions on the Investigation of Industry Injury under Safeguard Measures which have been reviewed and passed by the 5th executive
meeting of the Ministry of Commerce on September 29, 2003, are hereby issued and shall be put into effect after 30 days.

Lv Fuyuan, the minister of commerce

October 17, 2003

Provisions on the Investigation of Industry Injury under Safeguard Measures

Chapter I. General Provisions

Article 1

The present Provisions are formulated in the light of the Regulation on the Safeguard Measures of the People’s Republic of China (hereinafter
referred to as the Regulation on the Safeguard Measures) in order to regulate the industry injury investigations under safeguard
measures.

Article 2

The present Provisions shall apply to the activities related to the industry injury investigations under safeguard measures in the
light of the Regulation on the Safeguard Measures.

Article 3

The Ministry of Commerce of the People’s Republic of China (MOFCOM) shall take charge of the industry injury investigations under
safeguard measures.

As for the industry injury investigations under safeguard measures related to agricultural products, the responsibility shall be jointly
conducted by the MOFCOM and the Ministry of Agriculture.

Chapter II. Determination of Injury

Article 4

The term “industry injury” refers to a serious injury or a risk of serious injury induced by the increase of imported products to
the domestic industry that produces like products or directly competitive products.

A serious injury refers to overall and serious impairment to the domestic industry.

A serious injury risk refers to a serious injury that is clearly imminent unless measures are taken against it.

Article 5

In the determination of a serious injury or a risk of serious injury caused to the domestic industry by increased imports, the following
elements shall be considered:

(1)

The increase of import products, including the absolute and relative increase rate and increase amount of imports;

(2)

The share of the domestic market taken by the increased imports;

(3)

The influence of the increased imports on the domestic industry, including the impact on the domestic industry in terms of output,
sales, market share, productivity, equipment utilization rate, profits and losses, employment, etc.;

(4)

Other elements that cause injury to the domestic industry.

The determination of a risk of serious injury shall be made on the basis of the facts, by the means of examining the productivity
, storage, export capacity, the possibility of the continuous increase of exports to China of the export country and other elements,
rather than merely on the complaints, the conjectures or the least possibility.

Article 6

In the determination of the impact of the increase of import products on the domestic industry, the MOFCOM shall, on the basis of
the ascertained evidence, objectively and comprehensively evaluate various quantifiable indicators that affect the status of the
domestic industry rather than simply based on several indicators.

Article 7

The term ” like products” refers to the same products as the imported products under investigation; if not the same, the products
whose nature is most similar to that of the imported products under investigation.

The term “directly competitive products” refers to the domestic products not identical to the imported products under investigation,
but similar to them in use, and are substantially substitutable and thus directly compete with the imported products under investigation.

Article 8

In the determination of like products and directly competitive products, there are some factors that shall be taken into account,
including the physical characteristics of the products, chemical performance, manufacturing equipment and techniques, purposes of
use, substitutability, appraisal of consumers and producers, distribution channels, and price, etc.

Article 9

In the process of the industry injury investigation, the MOFCOM shall give users or consumers of imported products an opportunity
to present their views and evidences.

Article 10

The period subject to industry injury investigation shall generally be 3 – 5 years before the investigation commences.

Chapter III. Industry Injury Investigation

Article 11

When any interested party intends to take part in the investigation of an industry injury under safeguard measures, it shall submit
an application to the MOFCOM within 20 days from the day when an announcement on the industry injury investigation for taking safeguard
measures is made, and shall carry out relevant registration formalities. At the same time, it may present its views and arguments
about the industry injury under investigation and offer corresponding proofs.

Article 12

The interested parties may be:

(1)

Overseas producers, export business operators, and domestic import business operators of the products under investigation, or guilds
or other organizations of the producers, export business operators and import business operators of the products under investigation;

(2)

The government of the country (region) of origin and the export country (region) of the products under investigation as well as the
representatives thereof;

(3)

The producers and business operators of domestic like products, or guilds or other organizations of the producers and business operators
of the products; or

(4)

others.

Article 13

In the case that an interested party takes part in the investigation, he shall present his identification certificate. If the interested
party is an enterprise or any other organization, it shall present its business license and other registration certificates, and
the identification certificate of the legal representative.

In the case that an interested party entrusts an agent to take part in the investigation, it shall present identification certificate
of the agent and a power of attorney. In the case that an interested party entrusts a lawyer as his agent, the lawyer shall come
from a law firm in China and shall practice law in China, and a power of attorney, the business license of the law firm and the law-practice
certification of the lawyer shall be submitted.

Article 14

The objects of the MOFCOM’s industry injury investigation for taking safeguard measures include domestic producers, domestic import
business operators, domestic purchasers, domestic end consumers, overseas export business operators and overseas producers, etc.

Article 15

The MOFCOM may, whenever necessary, hire experts in the fields of the relevant industry, accounting, economic and trade and law to
provide advisory services it. The experts involved shall keep the secrets to themselves.

Article 16

The MOFCOM shall take a lot of means to conduct an industry injury investigation, including questionnaires, sampling, hearing, technical
authentication, on-the-spot investigations and other forms.

Article 17

The questionnaires sent by the MOFCOM to the interested parties takes a lot forms, including domestic producer questionnaires, domestic
importer questionnaires, domestic consumer questionnaires, overseas producer and overseas exporter questionnaires, and other types
of questionnaires.

Article 18

The answers to the questionnaires shall be submitted by the interested party according to the method and time limit as specified in
the questionnaires. If there is a need needs to extend the time limit, it shall, 7 days prior to the time limit for the submission
of answers, submit a written application to the MOFCOM and make an explanation. It is for the MOFCOM to decide whether to extend
the time limit or not.

Article 19

The MOFCOM may conduct on-the-spot investigations to the interested parties. Prior to the on-the-spot investigation, it shall notify
the relevant interested parties of the main purposes and content of the examination beforehand.

Article 20

As requested by the interested parties or in need of the investigation, the MOFCOM may, upon the approval of the relevant country
(region), send persons to this country (region) to conduct investigations on the productivity, investments in expanding production,
storage, place of origin or entrepot, the affiliation among the enterprises and other information related to the product.

Article 21

The MOFCOM may request the interested parties to submit or supplement written materials in the light of the relevant requirements,
and the interested parties may voluntarily submit written materials to the MOFCOM as well.

Article 22

As requested by the interested parties, or whenever the MOFCOM considers necessary, a hearing of industry injury may be held.

Article 23

In the case that an interested party who takes part in the industry injury investigation considers it necessary to keep the materials
and the relevant evidence secret, it shall, when submitting the materials to the MOFCOM, offer simultaneously a non-confidential
summary of the materials, or submit confidential texts and open texts of the materials.

Article 24

If any interested party who takes part in the industry injury investigation fails to offer non-confidential summary or open texts
of the materials submitted by it, or fails to present good reasons, the MOFCOM may refuse to consider the materials. If the MOFCOM
does not consider it necessary to keep the materials submitted by an interested party secret, it may request the interested party
to withdraw its application for keeping secrets.

Article 25

During the process of industry injury investigation, any interested party subject to the industry injury investigation shall faithfully
present the information and offer relevant materials. In the case that any interested party fails to do so, or fails to provide necessary
information within a reasonable time limit, or seriously intervene the investigation by any other means, the MOFCOM may make a judgment
on the basis of the facts it has already obtained and the best information available.

Chapter IV. Supplementary Provisions

Article 26

When an interested party, who takes part in the industry injury investigation, offers any document or evidential material to the MOFCOM,
it shall submit the original Chinese text in quintuplicate accompanied by relevant electronic text (computer floppy disks or CDs)
in triplicate.

Article 27

In the industry injury investigation, the standard Chinese prescribed by the administrative department of languages of the state shall
be taken by the MOFCOM as the formal language. Any document, materials or information offered by an interested party shall be written
in standard Chinese. As for any non-Chinese materials, a Chinese version and the original text shall be submitted, and the Chinese
version shall prevail. Any non-Chinese materials without attaching a Chinese translation shall not be considered as valid and lawful
evidential material.

Article 28

The authority to interpret the present Provisions shall remain with the MOFCOM.

Article 29

The present Provisions shall go into effect 30 days after promulgation. And at the same time , the Provisions on Safeguards Investigation
and Ruling of Industry Injury (Order No. 47 (2002) of the former State Economic and Trade Commission shall be abolished.

 
Ministry of Commerce
2003-10-17

 




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...