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CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE CONCERNING THE SALE AND PURCHASE OF FOREIGN EXCHANGE FOR THE NON-TRADE ITEMS UNSPECIFIED IN THE LAWS AND REGULATIONS CURRENTLY IN FORCE

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange Concerning the Sale and Purchase of Foreign Exchange for the Non-trade Items
Unspecified in the Laws and Regulations Currently in Force

HuiFa [2003] No.35

March 6, 2003

Branches and Foreign Exchange Administration Offices under the State Administration of Foreign Exchange at levels of provinces, autonomous
regions and municipalities directly under the Central Government, and branch administrations of Shenzhen, Dalian, Qingdao, Xiamen,
Ningbo; and Sino-capital designated banks of foreign exchange:

For the purpose of improving the administration on foreign exchange for non-trade items, settling the issues on sale and purchase
of foreign exchange for the non-trade items unspecified in the laws or regulations currently in force, and providing conveniences
for the real economic and trading activities of domestic organizations, the State Administration of Foreign Exchange decided to classifiably
administrate the non-trade items unspecified in the laws and regulations currently in force concerning foreign exchange administration
in accordance with the prospective provisions of the Regulations of the People’s Republic of China on Administration of Foreign Exchange,
the Administrative Provisions on Settlement, Sale and Purchase of Foreign Exchange, the Circular Concerning Submission of Taxation
Certificates for Sales and Purchase of Foreign Exchange under the Non-Trade Items and Partial Capital Items. A Circular on relative
issues is hereby distributed:

I.

For the sale/purchase of foreign exchange for a non-trade item unspecified in the laws and regulations currently in force, which sum
equivalent is no more than $50,000 (including $50,000), domestic organization may directly perform the transaction directly with
the designated bank of foreign exchange by presenting correlative documents, and the banks shall perform the sale/purchase after
verifying the authenticity. For the sale/purchase of foreign exchange for a non-trade item unspecified in the laws and regulations
currently in force, which sum equivalent is over $50,000 and no more than $500,000 (including $500,000), the domestic organization
shall apply to the branches of the State Administration of Foreign Exchange (hereinafter referred to as AFE). After obtaining the
verification certificate for the authenticity, the organization may make transactions with the designated bank of foreign exchange
by presenting the verification certificate issued by the AFE. For the sale/purchase of foreign exchange under non-trade items unspecified
in the laws and regulations currently in force, which sum equivalent is over $500,000 (excluding $500,000), the domestic organization
shall apply to the local AFE by presenting correlative documents for local AFE to report to the SAFE for approval. After being verified
by the SAFE, the organization may perform the sale/purchase of exchange at the designated bank of foreign exchange by presenting
verification certificate from the local AFE.

II.

The credit enterprises with export proceeds in foreign exchange without any violation of correlative regulations on foreign exchange
administration, the influencing importers with biggish import volume within the jurisdiction, and the institutions with frequent
foreign exchange incomes and expenses on non-trades, such as party, governmental and military organizations and scientific research
institutions at State-level, with a approval of the local branch AFE, may transact the sales/purchases of foreign exchange for non-trades
directly with the designated banks of foreign exchange by presenting relative documents, exempt from the limitation for the sum stipulated
in Article 1 of this Circular. The local AFEs may, according to the actual circumstances of local jurisdictions, formulate specific
approval requirements consistent with the provisions in this Article. The AFEs shall inform the local designated banks of foreign
exchange after verifying such domestic organizations, and transmit the list of verified domestic organizations to the Current Account
Transaction Administration Department of the State Administration of Foreign Exchange for record. For any verified domestic organization
in violation of the regulations on foreign exchange administration, the AFE shall notify the designated bank of foreign exchange
to immediately cancel its qualification.

III.

When designated banks of foreign exchange audit the authenticity of the sales/purchases of foreign exchange for non-trade items unspecified
in the laws and regulations currently in force, they shall audit the written applications, contracts/agreements, invoices (payment
notices) and taxation warrants provided by the domestic organizations.

IV.

When the AFEs audit the authenticities of the sales/purchases of foreign exchange for non-trade items unspecified in the laws and
regulations currently in force, they shall audit the written applications, contracts/agreements, invoices (payment notices), taxation
warrants and other relevant documents provided by the domestic organizations. Meanwhile, they shall also enhance the internal controls,
establish and implement an administrative system of authorization by levels, and decide the items with biggish sum or with uncompleted
documents through collective discussions.

V.

When the AFEs and the designated banks of foreign exchange audit the authenticity of the sales/purchases of foreign exchange for non-trade
items unspecified in the laws and regulations currently in force, they shall audit the original documents, indicate the date and
amount of the sales/purchases of foreign exchange on the original documents, seal the documents with official seals, and keep the
copies for 3 years for future reference.

VI.

The designated banks of foreign exchange shall record all the transactions of sales/purchases of foreign exchange for non-trade items
unspecified in the laws and regulations currently in force which have been handled by them, fill in the Registration Form of Sales/Purchases
of Foreign Exchange for Special Non-Trade Items (Attachment) that shall be submitted to local AFEs within the first 5 working days
at the beginning of each quarter and shall be submitted by the local AFEs (foreign exchange administration department) to the State
Administration of Foreign Exchange within the first 10 working days at the beginning of each quarter.

VII.

This Circular shall enter into force as of April 1, 2003.

Each local AFE (foreign exchange administration department) shall transmit this Circular to the central branch offices and foreign-invested
banks immediately within its jurisdiction upon receiving it. Each Sino-capital designated bank of foreign exchange shall transmit
this Circular immediately to its branch banks after receiving it. They shall feedback any problem occurring in the course of implementation
of this Circular immediately to the Current Account Transaction Administration Department of the State Administration of Foreign
Exchange.

Attachment: Registration Form of Sales/Purchase of Foreign Exchange for Special Non-Trade Items (omitted)



 
The State Administration of Foreign Exchange
2003-03-06

 







CIRCULAR ON DOING WELL IN ONGOING REGULATORY AND DOVETAILING WORKS UPON CANCELING THE SECOND GROUP OF ADMINISTRATIVE APPROVAL ITEMS AND CHANGING THE MANAGEMENT METHODS OF SOME ADMINISTRATIVE APPROVAL ITEMS






The China Securities Regulatory Commission

Circular on Doing Well in Ongoing Regulatory and Dovetailing Works Upon Canceling the Second Group of Administrative Approval Items
and Changing the Management Methods of Some Administrative Approval Items

ZhengJianFa [2003] No.17

April 1, 2003

Securities regulatory offices, agencies and special agencies, stock exchanges and futures exchanges, Shanghai and Shenzhen Stock Exchanges
Securities Regulatory Agencies, China Association of Securities and China Association of Futures, China Securities Registration and
Settlement Company, and each department of the SCRC:

On March 27, 2003, the State Council promulgated the Decision on Canceling the Second Group of Administrative Approval Items and on
Changing the Management Methods of a Group of Administrative Approval Items (GuoFa [2003] No.5) (hereinafter referred to as the “Decision”).
With a view to carry out and implement the spirits of the Decisions and do well in the ongoing regulatory and dovetailing works upon
cancellation of the second group of administrative approval items and change of management methods of some administrative approval
items, here is to notify you of the following matters:

1.

For the administrative approval items revoked in the Decision (see the attachment), the CSRC and its agencies will no longer accept,
or examine and approve if accepted already.

2.

For the ongoing regulatory and dovetailing works upon cancellation of the relevant administrative approval items, please enforce as
per the ongoing management modes determined in the attachment.

3.

For the change of management methods of some administrative approval items, please do well in the transfer of the relevant works to
the professional associations, put forth the self-disciplinary principles of professional associations, guide them to formulate operational
procedures and establish the self-disciplinary mechanism.

4.

According to the requirements for the Decision and this Circular, please research on and timely cope with the circumstances and problems
that may occur upon the cancellation of the relevant administrative approval items and change of the management methods for some
administrative approval items, earnestly do well in the ongoing regulatory and dovetailing works, and prevent any disconnection in
management. In case of any material circumstance, please report timely to the CSRC.

Attachment:Follow-up and Dovetailing of the Ongoing Management Methods and Work Upon Cancellation of the Second Group of Administrative Approval
Items of China Securities Regulatory Commission
htm/e03060.htmNo

￿￿

No.

Item Name Cancelled 

Ongoing Management and Work Dovetailing

1  

Ratification of A-share settlement banks  

The Securities Registration and Settlement Company shall formulate the standards and criteria for ratification of A-share
settlement banks

2  

Record of the contracts signed between securities companies and depository banks, or chief depository banks  

Within seven days upon signature of the contracts with depository banks and chief depository banks, the securities companies
shall report the copies of the contracts in question to the CSRC and the local CSRC agency.

3  

Record of the contracts signed between settlement companies and settlement banks  

The Securities Registration and Settlement Company shall report its sample format of the contracts signed with the settlement
banks to the CSRC.

4  

Record of the documents of the members￿￿ assembly of Stock Exchanges  

The Stock Exchanges shall within ten working days upon the members￿￿ assembly of Stock Exchanges submit all the documents
and relevant circumstances to the CSRC

5  

Record of the business agreements between securities registration and settlement institutions and Stock Exchanges
 

The securities registration and settlement institutions shall submit the business agreements signed or modified with the
Stock Exchanges to the CSRC.

6  

Record of the suspension or restoration of the trading of listed securities by Stock Exchanges  

The CSRC shall not examine and approve such administrative examination and approval items but strengthen the examination
and inspection on the stop or resumption of the listing of the Stock Exchanges

7  

Approval of the suspension or restoration of the trading of listed securities by Stock Exchanges  

Same as above (ditto)

8  

Record of listing agreements  

The CSRC shall no longer examine and approve such administrative examination and approval items

9  

Record of the internal administrative systems and work procedures of securities registration and settlement institutions
on business, finance and security etc  

The internal management system and risk prevention system formulated by the securities registration and settlement institutions
should be reported to the CSRC.

10  

Approval of the period for keeping of original business proofs fixed by securities registration and settlement institutions
 

Enforced according to Article 53 of the Securities Law of the PRC.

11  

Examination and approval for the services provided by Stock Exchanges for the transaction types that are not listed by them
 

In case of providing services for the transactions types that are not listed on their stock exchanges, the Stock Exchanges
shall report the relevant circumstances to the CSRC.

12  

Examination and acceptance of the preparation for establishment of securities companies  

The CSRC shall no longer examine and approve such administrative examination and approval items

13  

Examination and approval of the establishment of securities institutions abroad by non-securities institutions
 

The CSRC shall no longer examine and approve such administrative examination and approval items

14  

Ratification of the change, addition or reduction of representatives, deputy representatives, and staff members of foreign
nationalities or from Hong Kong, Macao and Taiwan by the representative offices in China of foreign securities
institutions  

Upon change, addition or reduction of representatives, deputy representatives, and staff members of foreign nationalities
or from Hong Kong, Macao and Taiwan by the representative offices in China of foreign securities institutions,
the name list, identity certification and resumes should be reported to the CSRC and the local CSRC agencies

15  

Record of the employment of Chinese citizens to be ordinary staff members by the representative offices in China of foreign
securities institutions  

Ditto

16  

Ratification of the representatives and deputy representatives of the representative offices in China of foreign securities
institutions  

Ditto

17  

Examination and approval of the cancellation of securities institutions set up overseas by domestic non-securities institutions
 

The CSRC shall no longer examine and approve such administrative examination and approval items

18  

Recommendation for the securities companies entering the Inter-bank borrowing market  

The securities companies may apply for with the People￿￿s Bank of China or other competent authorities. If the People￿￿s
Bank of China or other competent authorities require for opinions to be issued by the CSRC, the CSRC shall coordinate
accordingly

19  

Designation of the training institutions of securities practitioners  

Handled with according to the relevant provisions of the China Association of Securities

20  

Record of the personnel employed by securities intermediary institutions  

Handled with according to the relevant provisions of the China Association of Securities

21  

Record of the change of employers of securities practitioners  

Handled with according to the relevant provisions of the China Association of Securities

22  

Record of the part-time jobs in non-commercial institutions of the managerial personnel and fund managers  

The fund management companies shall report to the CSRC the part-time jobs in non-commercial institutions of the managerial
personnel and fund managers

23  

Record of the appointment and dismissal of the assistants to the general manager and department managers of fund management
companies and fund trustee departments  

The engagement and dismissal of the assistant General Managers and departmental managers of fund management companies and
fund custodian departments should be reported together with the submission of the database information for fund
supervision

24  

Record of the relevant materials of establishment of offices within China by fund management companies  

Within 25 working days upon establishing offices in the territory of China, the fund management companies shall report the
relevant content, including the time and place for establishing such offices, the responsible persons and contact
mode; and the acts of the offices should be undertaken by the fund management companies as a part of the regulations
on the fund management companies by the CSRC.

25  

Examination and approval for the establishment of futures and investment consultation institutions  

The CSRC shall no longer examine and approve such administrative examination and approval items but review and ratify the
qualifications of the futures investment advisory institutions for futures investment advisory services, and
issue the Qualification Permits for Futures Investment Advisory Services. For the institutions that project to apply
for the qualifications for futures investment advisory services, their practitioners shall have obtained the Qualification
Certificate for futures investment consultation issued by China Association of Futures

26  

Review of the letters of legal advice issued by Chinese lawyers concerning the issuing of stocks and listing overseas by
overseas companies involving domestic rights and interests  

The CSRC shall no longer examine and approve such administrative examination and approval items

27  

Record of the agreements on listing of convertible company bonds  

The CSRC shall no longer examine and approve such administrative examination and approval items

￿￿




INTERIM PROVISIONS ON THE ADMINISTRATION OF INTERNET CULTURE

The Ministry of Culture

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

No. 27

The Interim Provisions on the Administration of Internet Culture, which were examined and adopted at the ministerial affairs meeting
of the Ministry of Culture on March 4, 2003, are hereby promulgated, and shall come into force on July 1, 2003.

Sun Jiazheng, Minister of the Ministry of Culture

May 10, 2003

Interim Provisions on the Administration of Internet Culture

Article 1

The Provisions are formulated in accordance with the Measures on the Administration of Internet Information Services and the relevant
provisions of the state in order to strengthen the administration of Internet culture, guarantee the lawful rights and interests
of Internet cultural entities, and promote the healthy and orderly development of China’s Internet culture.

Article 2

Internet cultural products mentioned in the Provisions mean the cultural products produced, disseminated and circulated through Internet,
which mainly include:

(1)

audio and video products;

(2)

game products ;

(3)

show plays (programs);

(4)

works of art;

(5)

cartoons and other cultural products .

Article 3

Internet cultural activities mentioned in the Provisions mean the activities of providing Internet cultural products and services,
which mainly include:

(1)

the activities of producing, reproducing, importing, wholesaling, retailing, leasing or broadcasting Internet cultural products;

(2)

the on-line acts of publishing cultural products on Internet, or sending cultural products through Internet to such user sides as
computers, fixed telephones, mobile phones, radios, TV sets, game players, etc. for Internet accessing users’ browse, reading, appreciation,
use or downloading;

(3)

the activities of exhibitions and competitions, etc. of Internet cultural products.

Internet cultural activities can be divided into two categories, namely, operational and non-operational. Operational Internet cultural
activities mean the activities of providing Internet cultural products and services to obtain benefits by charging fees from Internet
accessing users or by electronic commerce, advertisement, financial supports, etc. for the purpose of making profits. Non-operational
Internet cultural activities mean the activities of providing Internet accessing users with Internet cultural products and services
not for the purpose of making profits.

Article 4

Internet cultural entity mentioned in the Provisions means the Internet information service provider which is approved by the administrative
department of culture and the administrative organ of telecommunication to engage in Internet cultural activities.

Whoever engages in Internet cultural activities inside the territory of the People’s Republic of China shall abide by the Provisions.

Article 5

People engaging in Internet cultural activities shall abide by the Constitution and the relevant laws and regulations, adhere to the
orientation of serving the people and serving socialism, carry forward fine folk culture, disseminate ideas, morals and scientific,
technical and cultural knowledge beneficial to improving the nationality cultural quality, promoting economic development and social
progress, and enrich the people’s spiritual life.

Article 6

The Ministry of Culture shall be responsible for making guidelines, policies and planning for the development and administration of
Internet culture, supervising the Internet cultural activities nationwide; applying a permit system to operational Internet cultural
entities in accordance with the relevant laws, regulations and rules, applying a record system to non-operational Internet cultural
entities; supervising the contents of Internet culture, and punishing the acts in violation of the relevant regulations of the state.

The administrative department of culture under the people’s government of the province, autonomous region or municipality directly
under the Central Government shall be responsible for the daily administration of Internet cultural activities within its own jurisdiction
and the preliminary examination of the entities that apply to engage in operational Internet cultural activities within its own jurisdiction,
as well as for the examination of the entities that apply to engage in non-operational Internet cultural activities within its own
jurisdiction, and the imposition of punishments on the acts of engaging in Internet cultural activities in violation of the relevant
regulations of the state within its own jurisdiction.

Article 7

Whoever applies to establish an Internet cultural entity shall conform to the relevant provisions in the Measures on the Administration
of Internet Information Services, and shall meet the following conditions:

(1)

having the entity’s name, domicile, organizational structure and articles of association;

(2)

having a well-defined scope of Internet cultural activities;

(3)

having business management staff and professional technicians who have obtained the corresponding qualifications fitting in with the
needs of Internet cultural activities;

(4)

having funds, equipment and work sites fitting in with the needs of Internet cultural activities as well as corresponding management
and technical measures;

(5)

other conditions prescribed in laws and regulations.

For the approval of the establishment of an Internet cultural entity, the applicant shall, in addition to meeting the conditions enumerated
in the preceding paragraph, conform to the planning on the total number, structure and distribution of Internet cultural entities.

Article 8

Whoever applies to establish an operational Internet cultural entity shall file the application to the administrative department of
culture under the people’s government of the province, autonomous region or municipality directly under the Central Government at
its locality. The administrative department of culture under the people’s government of the province, autonomous region or municipality
directly under the Central Government shall, after its consent to it upon preliminary examination, submit the application to the
Ministry of Culture for approval.

Whoever applies to establish a non-operational Internet cultural entity shall file the application to the administrative department
of culture under the people’s government of the province, autonomous region or municipality directly under the Central Government
at its locality. The administrative department of culture under the people’s government of the province, autonomous region or municipality
directly under the Central Government shall, after granting the approval upon examination, submit the application to the Ministry
of Culture for record.

Article 9

Whoever applies to establish an operational Internet cultural entity shall submit the following documents:

(1)

the application letter;

(2)

the written notification on pre-approval of the enterprise name or the business license and the articles of association;

(3)

sources and amount of funds and the documents on proof of the applicant’s credit;

(4)

the documents on proof of qualifications and identity of the legal representative or main responsible persons as well as the main
management staff and professionals;

(5)

the documents on proof of the right to use the work site;

(6)

other documents to be submitted in accordance with the law.

For anyone who applies to establish an operational Internet cultural entity, the administrative department of culture under the people’s
government of the province, autonomous region or municipality directly under the Central Government shall, within 30 days as of the
receipt of the application, give its opinion on preliminary examination; if the application is preliminarily examined as qualified,
the said administrative department shall submit it to the Ministry of Culture for approval; if it is preliminarily examined as unqualified,
the said administrative department shall notify the applicant and state the reason thereof. The Ministry of Culture shall, within
30 days as of the receipt of the opinion on preliminary examination, make a decision on whether to approve the application, and notify
the applicant in writing; if the application is approved, a “Network Cultural Business Permit” shall be issued to the applicant;
if the application is not approved, the reason shall be stated.

Article 10

Whoever applies to establish a non-operational Internet cultural entity shall submit the following documents:

(1)

the application letter;

(2)

the articles of association;

(3)

sources and amount of funds and the documents on proof of the applicant’s credit;

(4)

the documents on proof of qualifications and identity of the legal representative or main responsible persons as well as the main
management staff and professionals;

(5)

the documents on proof of the right to use the work site;

(6)

other documents to be submitted in accordance with the law.

For anyone who applies to establish a non-operational Internet cultural entity, the administrative department of culture under the
people’s government of the province, autonomous region or municipality directly under the Central Government shall, within 30 days
as of the receipt of the application, make a decision on whether to approve the application, and notify the applicant in writing;
if the application is approved, an approval document shall be issued to the applicant; if the application is not approved, the reason
shall be stated.

Article 11

Whoever applies to establish an Internet cultural entity shall, after being approved, bring the “Network Cultural Business Permit”
or approval document to the administrative organ of telecommunication at its locality or the administrative department of information
industry under the State Council to go through the relevant formalities in accordance with the Measures on the Administration of
Internet Information Services.

Article 12

An Internet cultural entity shall, at an eye-catching position on the home page of its website, mark the serial number of the “Network
Cultural Business Permit” issued by the administrative department of culture or the serial number of the approval document, and the
serial number of the permit for business operation issued by the administrative department of information industry under the State
Council or the administrative organ of telecommunication of the province, autonomous region or municipality directly under the Central
Government, or the serial number of the record.

Article 13

Where an Internet cultural entity changes its name or scope of business, or is merged or divided, it shall, in accordance with Articles
8, 9 and 10 of the Provisions, go through the formalities for modification, and bring the “Network Cultural Business Permit” or approval
document issued by the administrative department of culture to go through the corresponding formalities in the local administrative
organ of telecommunication.

Article 14

Where an Internet cultural entity changes its address, legal representative or main responsible person, or terminates the Internet
cultural activities, it shall, within 30 days, go through the formalities for modification or cancellation in the administrative
department of culture under the people’s government of the province, autonomous region or municipality directly under the Central
Government at its locality, and go through the formalities for modification or cancellation of its permit for Internet information
services business operation in the administrative organ of telecommunication of the related province, autonomous region or municipality
directly under the Central Government. An operational Internet cultural entity must, when going through the formalities for modification
or cancellation, report to the Ministry of Culture for record.

Article 15

Where an operational Internet cultural entity fails to carry out Internet cultural activities before the expiry of 180 days as of
the day when it obtains the “Network Cultural Business Permit” and makes the enterprise registration in accordance with the law,
the Ministry of Culture shall, either by itself or upon the request by the administrative department of culture under the people’s
government of the province, autonomous region or municipality directly under the Central Government that handled the original examination,
cancel the “Network Cultural Business Permit”, and meanwhile notify the administrative organ of telecommunication of the related
province, autonomous region or municipality directly under the Central Government.

Where a non-operational Internet cultural entity fails to carry out Internet cultural activities before the expiry of 180 days as
of the day when it obtains the approval document, the administrative department of culture under the people’s government of the province,
autonomous region or municipality directly under the Central Government that handled the original examination shall cancel the approval
document, and meanwhile notify the administrative organ of telecommunication of the related province, autonomous region or municipality
directly under the Central Government.

Article 16

An Internet cultural entity shall, if to import Internet cultural products, report to the Ministry of Culture for examination of the
contents.

The Ministry of Culture shall, within 30 days as of the receipt of the application letter for examination of the contents, make a
decision on whether to approve the application, and notify the applicant. If the application is approved, an approval document shall
be issued to the applicant; if the application is not approved, the reason shall be stated.

Article 17

An Internet cultural entity shall not supply a cultural product containing any of the following contents:

(1)

that which defies the basic principles determined in the Constitution;

(2)

that which endangers the unity of the nation, sovereignty or territorial integrity;

(3)

that which divulges secrets of the State, endangers national security or damages the honor or benefits of the State;

(4)

that which incites the nation hatred or discrimination, undermines the solidarity of the nations, or infringes upon national customs
and habits;

(5)

that which propagates evil cults or superstition;

(6)

that which spreads rumors and disturbs the public order or destroys the public stability;

(7)

that which propagates obscenity, gambling, violence or instigates crimes;

(8)

that which insults or libels others, or infringes upon the lawful rights and interests of others;

(9)

that which endangers public ethics or the fine folk culture;

(10)

that which contains other contents prohibited by laws, administrative regulations or by the state.

Article 18

Where a cultural product supplied by an Internet cultural entity infringes upon the lawful rights and interests of a citizen, legal
person or other organization, the Internet cultural entity shall bear the civil liability in accordance with the law.

Article 19

An Internet cultural entity shall apply a system of examination, under which there shall be special examiners who examine the Internet
cultural products, so as to guarantee the lawfulness of the Internet cultural products. The examiners shall accept trainings and
obtain the corresponding employment qualifications before holding their posts.

Article 20

Where an Internet cultural entity finds that an Internet cultural product it supplies contains any of the contents listed in Article
17 of the Provisions, it shall immediately suspend the supply, reserve the relevant records, and report to the administrative department
of culture under the people’s government of the province, autonomous region or municipality directly under the Central Government
at its locality, and make a copied report to the Ministry of Culture.

Article 21

An Internet cultural entity shall record the contents in the back-up of the cultural products, the time and Internet web address or
domain name of the back-up. The back-up of the records shall be kept for 60 days, and be provided when the relevant department of
the state intends to inquire them in accordance with the law.

Article 22

Whoever engages in operational Internet cultural activities without approval shall be investigated and punished by the administrative
department of culture under the people’s government at the provincial level or above in accordance with Article 17 of the Measures
for Investigating, Punishing, and Banning Business Operation without License.

Whoever engages in non-operational Internet cultural activities without approval shall be ordered by the administrative department
of culture under the people’s government at the provincial level or above to make a correction within a time limit; if it refuses
to make a correction, it shall be ordered to suspend the Internet cultural activities, and be imposed upon a fine of not more than
1,000 Yuan.

Article 23

Whoever engages in operational Internet cultural activities by violating Articles 12, 13, 14, 19 and 20 of the Provisions shall be
warned by the administrative department of culture under the people’s government at the provincial level or above, be ordered to
make a correction within a time limit, and be imposed upon a fine of not more than 5,000 Yuan.

Whoever engages in non-operational Internet cultural activities by violating Articles 12, 13, 14, 19 and 20 of the Provisions shall
be warned by the administrative department of culture under the people’s government at the provincial level or above, be ordered
to make a correction within a time limit, and be imposed upon a fine of not more than 500 Yuan.

Article 24

Where an operational Internet cultural entity supplies Internet cultural products containing any content prohibited by Article 17
of the Provisions, or supplies Internet cultural products not approved by the Ministry of Culture to be imported, it shall be ordered
by the administrative department of culture under the people’s government at the provincial level or above to suspend such supply,
and be imposed upon a fine of not more than 10,000 Yuan if there are no illegal proceeds; or be imposed upon a fine of 1 time or
more but 3 times or less of the illegal proceeds if any, provided that the fine shall not exceed 30,000 Yuan; if the case is serious,
it shall be ordered to cease its business for rectification up to suspension of its “Network Cultural Business Permit”.

Where a non-operational Internet cultural entity supplies Internet cultural products containing any content prohibited by Article
17 of the Provisions, or supplies Internet cultural products not approved by the Ministry of Culture to be imported, it shall be
ordered by the administrative department of culture under the people’s government at the provincial level or above to suspend such
supply, and be imposed upon a fine of not more than 1,000 Yuan. If the case is serious, it shall be ordered to cease its business
for rectification up to revocation of its approval document.

Article 25

Whoever violates Article 21 of the Provisions shall be ordered by the administrative organ of telecommunication of the province,
autonomous region or municipality directly under the Central Government to make a correction; if the case is serious, it shall be
ordered by the administrative organ of telecommunication of the province, autonomous region or municipality directly under the Central
Government to cease its business for rectification or to temporarily close its website .

Article 26

The entities that have already engaged in Internet cultural activities in accordance with the relevant provisions of the state prior
to the effectiveness of the Provisions shall, within 60 days as of the effectiveness of the Provisions, make up for the formalities
of examination in accordance with Articles 8, 9 and 10 of the Provisions.

Article 27

The Provisions shall come into force on July 1, 2003.

 
The Ministry of Culture
2003-05-10

 




CIRCULAR OF THE MINISTRY OF COMMERCE AND GENERAL ADMINISTRATION OF TAXATION ON STRENGTHENING COORDINATION OF TAXATION AND FOREIGN TRADE AND OVERCOMING THE IMPACTS OF “SARS” EPIDEMICS ON FOREIGN TRADE

The Ministry of Commerce, the General Administration of Taxation

Circular of the Ministry of Commerce and General Administration of Taxation on Strengthening Coordination of Taxation and Foreign
Trade and Overcoming the Impacts of “SARS” Epidemics on Foreign Trade

ShangGuiFa [2003] No.154

June 20, 2003

Foreign economic and trade commissions (departments and bureaus) of provinces, autonomous regions and municipalities directly under
the Central Government and municipalities separately listed on the State plan, as well as the state tax administration:

The occurrence and spreading of the SARS has added many difficulties to the various export enterprises in undertakings of commercial
activities and expansion of exports, which has become the main factor of uncertainty with impacts on the exports of our country.
Therefore, various competent departments of commerce and the state tax administration shall firmly grasp the guiding spirits of the
CPC central Committee and the State Council in balanced focus on the prevention and treatment of the SARS and the economic construction,
unify the thoughts, enhance the understanding, further strengthen the coordination of taxation and foreign trade, and make the utmost
efforts to overcome the adverse effects of the epidemics of the SARS on the export of our country, hence, safeguarding the stable
growth of foreign trade export of the year. Here is to notify you of the following matters:

I.

Further strengthening communications of circumstance and doing well in departmental coordination

(I)

Improving and perfecting the communication mechanism for coordination of foreign trade and taxation and ensuring the accuracy and
smooth flow of information. Further intensifying the contact between the leaders of both parties concerned and their corresponding
workers, taking initiatives in communicating the progress on foreign trade exports and tax reimbursement of exports by various means
and ways of telephone, fax and email, and earnestly investigating and solving the outstanding problems during work. Timely reporting
material emergent incidents and making efforts in treatment.

(II)

Various levels of the competent department of commerce shall closely trace and analyze the impacts of the SARS epidemics on the enterprises
and product exports of our country. Questionnaire investigation should be conducted by various means based on paper, call and computer
networks, thus analyzing the impacts of the SARS epidemics on the various categories of local enterprises and product exports, especially
on the key enterprises of tax reimbursement of exports, timely reporting the relevant information to various levels of tax administrations
to facilitate joint investigation on the countermeasures and policies, thus making great efforts to reduce the impacts of the SARS
epidemics on foreign trade exports as much as possible.

(III)

Various levels of tax administrations shall keep on efforts in promoting the measures for “exemption, credit and reimbursement” of
taxes with the export commodities of production enterprises, timely communicate with the competent departments of commerce of the
same level on the relevant issues, thus jointly overcoming and solving the existing problems.

(IV)

Various levels of the competent department of commerce shall practically promote the production enterprises to speed up the collection
of the documents for tax reimbursement and timely handling with the “exemption, credit and reimbursement” of taxes. Various levels
of state tax administrations shall practically speed up handling with the review and examination on “exemption, credit and reimbursement”
of taxes, thus helping the production enterprises reduce the holding and use of capital.

(V)

Various levels of the competent departments of commerce and state tax administrations shall be increasingly alert and pay close attention
on the new trends of tax frauds, strictly prevent the wrongdoers from any tax frauds by taking chance of the SARS epidemics, and
submit timely reports on any tax fraud cases or clues of material tax frauds.

II.

Making good and sufficient use of the quotas for tax reimbursement of exports and practically accelerating the progress of the tax
reimbursement of exports

(I)

Various levels of the competent departments of commerce shall timely report to the state tax administrations on the corresponding
local exports and demands for tax reimbursement, and various levels of tax administrations shall in such special situation earnestly
do well in the work relating to tax reimbursement of exports, and speed up the progress of tax reimbursement provided all the documents
relating to tax reimbursement and the relevant electronic information are checked free of errors.

(II)

Various state tax administrations of provincial levels shall distribute the plan of tax reimbursement of exports distributed by the
General State Administration of Taxation to prefecture and municipal level and timely reimburse the export enterprises, without any
withholding or delay.

(III)

Various levels of state tax administrations shall make scientific and rational use of the plan of tax reimbursement of exports, and
priority should be taken in handling with the tax reimbursement of exports of key export enterprises, thus enhancing the competitiveness
of their export products in international market, and alleviating and releasing the adverse effects of the SARS on the foreign trade
of China.

III.

Adopting multiple ways to expand export and create benevolent environment

(I)

Various levels of the competent departments of commerce and state tax administrations shall earnestly carry out the spirits of the
Circular of the People￿￿s Bank of China, the MOFTEC and the General State Administration of Taxation on Handling with the Entrusted
Loan Business of the Accounts for Tax Reimbursement of Exports (Yin Fa [2001] No. 276), timely help solving the problems and difficulties
encountered by the export enterprises in the entrusted loan business of the accounts for tax reimbursement of exports, and take initiative
to coordinate with the local government in doing well in the discounting work relating to the entrusted loans of the accounts for
tax reimbursement of exports.

(II)

Various levels of the competent departments of commerce shall timely report to the commercial banks on the impacts of the SARS on
the foreign trade exports, take initiative too seek for their supports, and promote the export enterprises to obtain the entrusted
loans of the accounts for tax reimbursement of exports in a timely way.

(III)

Various levels of tax administrations shall strengthen communication and coordination with commercial banks, take initiative in coordinating
commercial banks in deployment of the entrusted loans of the accounts for tax reimbursement of exports, thus facilitating commercial
banks in querying about the credit rating of the enterprises involved in tax reimbursement of exports.

(IV)

Establishing convenient and smooth channels and ways for provision of enthusiastic and high efficiency consultation and services.
Patience should be taken in listening the problems reflected and suggestions put forth by the export enterprises, thus earnestly
and carefully answering the promoting the state policies and measures on trade management and tax reimbursement of exports; taking
efforts in protecting he initiatives of the enterprises in expanding exports and helping various categories of export enterprise
overcome the difficulties and problems encountered in production and operations.

(V)

Various levels of the competent department of commerce and state tax administrations shall be united in mutual supports and close
coordination, promote the good traditions of the cooperation of foreign trade and taxation, make efforts to overcome the adverse
impacts of the SARS, and promote the sustaining growth of foreign trade export of our country.



 
The Ministry of Commerce, the General Administration of Taxation
2003-06-20

 







CIRCULAR ON STARTING USE OF APPLICATION FORM AND CERTIFICATES OF QUALIFICATIONS OF FOREIGN-INVESTED CONSTRUCTION ENTERPRISES

The Administrative Department of the Construction Market of the Ministry of the Construction

Circular on Starting Use of Application Form and Certificates of Qualifications of Foreign-Invested Construction Enterprises

JianShiGuoHan [2003] No.23

July 17, 2003

The construction departments of provinces and autonomous regions, the construction commissions of municipalities directly under the
Central Government, Construction administrations of Shandong Province and Jiangsu Province, the construction departments of the relevant
authorities of the State Council, the construction bureau of Xinjiang Construction Military Regime and the Engineering Bureau of
Barracks of the General Logistics Department:

According to the provisions of the Regulations on the Qualification Management of Foreign-Invested Construction Enterprises (No. 113
of the Ministry of Construction and the MOFTEC) and Measures of the Ministry of Construction for the Implementation of the Qualification
Management in the Regulations on the Management of Foreign-Invested Construction Enterprises (JianShi [2003] No. 73), the application
for the qualifications of foreign-invested construction enterprises has started. For doing well in the application for the qualifications
of foreign-invested construction enterprises and for facilitating the administrative authorities of construction in supervision management
of foreign-invested construction enterprises, the Ministry of Construction has uniformly formulated and printed the Qualification
Certificate of Construction Enterprises (applicable to wholly foreign-invested, Sino-foreign equity joint venture, and Sino-foreign
cooperative construction enterprises) and the complementary Application Form of Qualifications.

The departments, commissions, authorities mentioned above are requested to strictly perform the examination and approval of the qualifications
of foreign-invested construction enterprises in accordance with the Regulations on Foreign-Invested Construction Enterprises and
No. 87 Decree of the Ministry of Construction, i.e. the Provisions on the Qualification Management of Foreign-Invested Construction
Enterprises, and according to the actual demands for the application of the qualifications of the enterprises, you shall report the
quantity of Qualification Certificate of Construction Enterprises and the Application Form of Qualifications required to Beijing
Banglong Technologies Information Consultancy Co., Ltd. before August 4, so that to facilitate the uniform preparation and printing.
(The Application Form of Qualifications are in four duplicates, and the Qualification Certificates are formulated in one original
and six duplicates. Such set of certificates is attached with the relevant laws, regulations and materials relating to the establishment
of foreign-invested construction enterprises and the qualification applications).

Contact add: Room 501 Huatong Building, 19A Chegongzhuang Road West, Haidian District, Beijing

Post Code: 100044

Contact Person: Liang Yuefeng, Li Zhiyue

Contact Tel: (010)68482596 (010)68482514

Fax: (010)68482514

Email: imr@vip.sina.com



 
The Administrative Department of the Construction Market of the Ministry of the Construction
2003-07-17

 







REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON CERTIFICATION AND ACCREDITATION






The State Council

Order of the State Council of the People’s Republic of China

No. 390

The Regulations of the People’s Republic of China on Certification and Accreditation, which have been adopted at the 18th executive
meeting of the State Council on August 20, 2003, are hereby promulgated, and shall be implemented as of November 1, 2003.

Wen Jiabao, Premier of the State Council

September 3, 2003

Regulations of the People’s Republic of China on Certification and Accreditation

Chapter I General Principles

Article 1

The present Regulations are hereby formulated With a view to regulating the certification and accreditation activities, improving
the quality of products and services and the level of administration, as well as promoting the economic and social development.

Article 2

The term “certification” as mentioned in the present Regulations refers to the assessment activities carried out by the certification
bodies to testify whether or not the products, services, and management systems are in conformity with the relevant technical norms
and their compulsive requirements or standards.

The term “accreditation” as mentioned in the present Regulations refers to the assessment activities carried out by the accreditation
bodies to recognize the capabilities and qualifications of the certification bodies, inspection organizations and laboratories, and
practicing personnel engaging in such certification activities as the appraisal and examination, etc.

Article 3

Where the certification and accreditation activities are undertaken within the territory of the People’s Republic of China, the present
Regulations shall be observed.

Article 4

The State shall implement a uniform certification and accreditation supervision system.

The State shall apply the working mechanism on certification and accreditation under which all the relevant departments shall implement
the work together under the uniform administration, supervision and comprehensive coordination of the certification and accreditation
administration department of the State Council.

Article 5

The certification and accreditation administration department of the State Council shall strengthen the supervision over and administration
of the activities of the certification training institutions and certification consultation institutions in accordance with the law.

Article 6

The principles of impersonality and independence, openness and justice, and good faith shall be observed in carrying out the certification
and accreditation activities.

Article 7

The State encourages the international mutual recognition activities of certification and accreditation to be carried out on the basis
of equality and mutual benefits. The international mutual recognition activities of certification and accreditation shall not impair
the national security and public interests.

Article 8

The organizations and persons undertaking the certification and accreditation activities shall have the duty to keep the state secrets
and commercial secrets as they well know confidential.

Chapter II Certification Bodies

Article 9

The establishment of a certification body shall be approved by the certification and accreditation administration department of the
State Council, and the certification activities shall be carried out within the scope of approval after the qualification of a legal
entity has been obtained.

Any entity or person may not undertake certification activities without approval.

Article 10

The establishment of a certification body shall meet the conditions as follows:

1.

Having a fixed location and the necessary facilities;

2.

Having an administration system in conformity with the requirements of certification and accreditation;

3.

The registered capital shall not be less than RMB 3 million Yuan; and

4.

There are more than 10 full time certification personnel in the corresponding fields.

Certification bodies undertaking product certification activities shall possess such technical capability for examination and inspection
in conformity with the relevant product certification activities in addition.

Article 11

The establishment of certification bodies with foreign investment shall conform to the following conditions, besides those prescribed
in Article 10 of the present Regulations;

1.

The foreign investors shall have obtained the accreditation of the accreditation organizations in their own countries or districts;

2.

The foreign investors shall have experiences of engaging in certification activities for more than 3 years.

The application, approval and registration for the establishment of certification bodies with foreign investment shall be handled
pursuant to the relevant foreign investment laws, administrative regulations and the pertinent provisions of the State.

Article 12

The procedures for the application and approval of the establishment of a certification body:

1.

The applicants for the establishment of a certification body shall file an application in written form to the certification and accreditation
administration department of the State Council, and shall submit certification documents in conformity with Article 10 of the present
Regulations;

2.

The certification and supervision administration department of the State Council shall, within 90 days as of accepting the application
for the establishment of a certification body, make decisions on whether to approve or not. Where the approval has to do with the
responsibility of the relevant departments of the State Council, the opinions of whom shall be solicited. Where the approval is to
be granted, the document of approval shall be issued to the applicants; where the approval is not to be granted, the applicants shall
be notified in written form and the reason shall be explained; and

3.

The applicants shall go through the registration procedures according to law in accordance with the document of approval issued by
the certification and accreditation administration department of the State Council.

The certification and accreditation administration departments of the State Council shall publicize the directories of the legally
established certification bodies.

Article 13

The representative agency of a foreign certification organization within the territory of the People’s Republic of China shall be
established upon approval, and it may not undertake the popularization activities with respect to the business scope of the organization
it is subordinated after going through the registration procedures at the administration departments for industry and commerce according
to law, but it may not carry out the certification activities.

The application, approval and registration of the representative agency established within the territory of the People’s Republic
of China by the foreign certification organization shall be handled pursuant to the relevant foreign investment laws, administrative
regulations and the pertinent provisions of the State.

Article 14

The certification bodies may not have interests relations of any kind with the administrative departments.

The certification bodies may not accept any grants that may influence the impersonality and justice of the certification activities;
and may not undertake any such activities that may influence the impersonality and justice of the certification activities as the
development and sale of the products, etc.

The certification bodies may not have interests relations of any kind with the certification clients in such aspects as capital and
management.

Article 15

The persons undertaking the certification activities shall practice in one certification body, and are prohibited from practicing
in more than two certification bodies at the same time.

Article 16

The inspection organizations and the laboratories that issue to the public the data and results, which have the function of verification,
shall possess the basic conditions and capabilities as required by the relevant laws and administrative regulations, and may carry
out the relative activities after being recognized in accordance with the law. The results of the accreditation shall be publicized
by the certification and accreditation administration department of the State Council.

Chapter III Certification

Article 17

The State shall popularize the certification on products, services and management systems conforming to the requirements of the economic
and social development.

Article 18

The certification bodies shall carry out the certification activities in light of the basic certification standards and certification
rules, which shall be formulated by the certification and accreditation administration department of the State Council; where the
standards and rules have to do with the functions of the relative departments of the State Council, they shall be formulated by the
certification and accreditation administration department of the State Council together with the relative departments of the State
Council.

Where the certification is in a new field, and no corresponding certification rules have been formulated by the departments as mentioned
in the preceding paragraph, the certification bodies may make certification rules by themselves, which shall be put on records at
the certification and accreditation administration department of the State Council.

Article 19

Any legal entity, organization or individual may entrust a certification body legally established of his own accord to make the certification
on products, services and management systems.

Article 20

No certification bodies may refuse to provide the certification services within the business scope of their own certification bodies
for the reason that the clients fail to take part in the certification consultation or certification training, etc., nor may they
put forward to the clients the requirements or restricted conditions irrespective to the certification activities.

Article 21

The certification bodies shall make public such information as the basic certification standards, certification rules and charging
standards, etc.

Article 22

The certification bodies and the inspection organizations with regard to certification, as well as the laboratories shall, when carrying
out the certification activities and inspection and examination activities with regard to certification, complete the procedures
as prescribed in the basic certification standards and certification rules, in order to ensure the integrity, impersonality and truthfulness
of the certification, inspection and examination, no procedures may be increased, reduced, or omitted.

The certification bodies and inspection organizations with regard to certification, as well as the laboratories shall make full records
on the process of certification, inspection and examination, which shall be kept on file for future reference.

Article 23

The certification bodies and their personnel shall make the certification conclusions in time, and ensure the impersonality and truthfulness
of the certification conclusions, which shall then be subscribed by the person responsible for the certification bodies after being
signed by the certification personnel.

The certification bodies and their personnel shall be responsible for the certification conclusions.

Article 24

Where the products, services, and the management systems are certified as in conformity with the requirements of certification by
the certification conclusions, the certification bodies shall issue the certificate to the clients in good time.

Article 25

Those who have obtained the certificates shall use the certificates and certification marks within the certification scope. No entity
may, by using the product and service certificates, certification marks and the relative characters and symbols, mislead the public
to believe that their management systems have passed the certification; or mislead the public to believe that their products and
services have passed the certification by using the administration system certificates, certification marks and the relative characters
and symbols.

Article 26

The certification bodies may formulate the certification marks by themselves and put them on records at the certification and accreditation
administration department of the State Council.

No style, character or name of the certification marks formulated by the certification bodies themselves may violate the provisions
of laws and administrative regulations, nor may they be the same as or similar to the certification marks already popularized by
the State, nor may they impede social administration, or impair social morals or customs.

Article 27

The certification bodies shall carry out effective following-up investigations on the products, services and management systems certified
by them. Where the products, services and management systems that have been certified fail to meet the requirements of the certification
continuously, the certification bodies shall suspend their use and even revoke the certificates, and make that public.

Article 28

With a view to safeguarding the national security, preventing fraudulent acts, protecting the health or safety of human body, safeguarding
the life or health of animals and plants, and protecting the environments, no products, which must be certified as prescribed by
the State, may leave the factory, or may be sold, imported or used in other business activities until after being certified and labeled
with the certification marks.

Article 29

The State shall, for those products that must be certified, unify the catalogues of products, the compulsive requirements, standards
and conformity assessment procedures of the technical norms, and the marks, as well as the charging standards.

The uniform catalogues of products (hereinafter refers to as the Catalogues) shall be formulated and adjusted jointly by the certification
and accreditation administration department of the State Council and the relevant departments of the State Council, and shall be
publicized by the certification and accreditation administration department of the State Council, and implemented jointly by the
relative departments and institutions.

Article 30

The products listed in the Catalogues must be certified by the certification bodies as designated by the certification and accreditation
administration department of the State Council.

The certification marks of the products listed in the Catalogues shall be prescribed uniformly by the certification and accreditation
administration department of the State Council.

Article 31

Where the products listed in the Catalogues have to do with the catalogues of the import and export commodities inspection, the inspection
procedures shall be simplified when the import and export commodities inspections are made on them.

Article 32

The accreditation bodies, inspection organizations with regard to certification, and the laboratories as confirmed by the certification
and accreditation administration department of the State Council to undertake the certification of products as listed in the Catalogues
(hereinafter referred to as the confirmed certification bodies, inspection organizations, and laboratories) shall be those who have
been undertaking the relative businesses for a long time, have no bad records, and have obtained the accreditation and have the ability
to carry out the relative certification activities according to the present Regulations. When the certification and accreditation
administration department of the State Council is confirming the certification bodies that are to engage in the activities of product
certification as listed in the Catalogues, it shall ensure that at least two bodies that meet the requirements of the present Regulations
are confirmed in each field of products as listed in the Catalogues.

Where the certification and accreditation administration department of the State Council is confirming the certification bodies, inspection
organizations, and laboratories as prescribed in the preceding paragraph, it shall publicize, in advance, the relative information
and organize the recognized experts in the relative fields to form an expert evaluation committee to make evaluations on the certification
bodies, inspection organizations and laboratories that meet the requirements of the preceding paragraph; after the evaluation is
made and the opinions of the relative departments of the State Council is solicited, it shall make the decisions in light of the
principles of making full use of the resources, fair competition, convenience and effectiveness within the time limit of publication.

Article 33

The certification and accreditation administration department of the State Council shall make public the directories of the confirmed
certification bodies, inspection organizations and laboratories, as well as the confirmed business scopes.

No organizations may undertake the certification on the products as listed in the Catalogues, and the examination and inspection activities
in relation to certification without approval.

Article 34

All producers or sellers, and importers of products as listed in the Catalogues may entrust confirmed certification bodies of themselves
to make the certifications.

Article 35

The confirmed certification bodies, inspection organizations and laboratories shall provide convenient and timely services on certification,
examination and inspection within the confirmed business scope. They may not delay, discriminate and create difficulties for the
clients, or seek for improper interests.

Any confirmed certification bodies may not transfer the confirmed certification business to other organizations.

Article 36

The confirmed certification bodies, inspection organizations and laboratories shall carry out the international mutual recognition
activities within the framework of international mutual recognition agreements signed between the certification and accreditation
administration department of the State Council or the relevant authorized departments of the State Council and the foreign countries.

Chapter IV Accreditation

Article 37

The accreditation bodies designated by the certification and accreditation administration department of the State Council (hereinafter
referred to as the “accreditation bodies”) shall carry out the accreditation activities independently.

Any entity other than the accreditation body may not undertake the accreditation activities directly or in a disguised form, the accreditation
result concerned is invalid.

Article 38

The certification bodies, inspection organizations, and laboratories may, through the accreditation made by the accreditation bodies,
keep their capabilities of certification, examination and inspection conforming to the requirements of accreditation continuously
and steadily.

Article 39

The personnel engaging in such certification activities as the appraisal and examination, etc., may not carry out the certification
activities accordingly until being registered by the accreditation bodies.

Article 40

The accreditation bodies shall have the quality system in conformity with their scope of accreditation, and establish the internal
examination system to ensure the implementation of quality system effectively.

Article 41

The accreditation bodies may, according to the requirements of accreditation, select and retain personnel engaging in the accreditation
evaluation activities, who are experts in the relative fields, familiar with the relative laws, administrative regulations and accreditation
rules and procedures, and have good moral character, special knowledge and business ability required for making the evaluation.

Article 42

Where the accreditation bodies entrust others to complete the specific appraisal business in relation to accreditation, they shall
be responsible for the appraisal conclusion.

Article 43

The accreditation bodies shall publicize such information as the conditions, procedures of the accreditation, and the charging standards.

The accreditation bodies may not, when accepting the accreditation applications, propose requirements or restricted conditions irrespective
to the accreditation activities.

Article 44

The accreditation bodies shall complete the evaluation on the certification bodies, inspection organizations and laboratories within
the time limit publicized, in light of the State standards and the provisions of the certification and accreditation administration
department of the State Council, and make decisions on whether or not to grant the accreditation, as well as make full reports on
the accreditation process and put them on record. The accreditation bodies shall ensure the impersonality, justice, integrity and
effectiveness of the accreditation, and shall be responsible for the accreditation conclusions.

The accreditation bodies shall issue the accreditation certificates to the certification bodies, inspection organizations and laboratories
having obtained the accreditation, and have the directories of them publicized.

Article 45

The accreditation bodies shall, in light of the State standards and the provisions of the certification and accreditation administration
department of the State Council, make examinations on the personnel engaging in such certification activities as evaluation and examination,
and make registration for those who pass the examination.

Article 46

The accreditation certificates shall include the scope, standards and fields of accreditation and the period of validity.

The format of the accreditation certificate and the style of the accreditation mark shall be approved by the certification and accreditation
administration department of the State Council.

Article 47

The organizations who have obtained the accreditation shall use the accreditation certificates and marks within the scope of the accreditation
obtained. Where the organizations those have obtained the accreditation use the accreditation certificates and marks improperly,
the accreditation bodies shall suspend the use of the accreditation certificates or even revoke them, and make that public.

Article 48

The accreditation bodies shall implement effective following-up supervision over the organizations or personnel that have obtained
the accreditation, and make re-evaluation periodically on the organizations that have obtained the accreditation, in order to validate
their continuous conformity with the accreditation requirements. Once an organization or person that has obtained the accreditation
no longer meets the accreditation requirements, the accreditation bodies shall revoke their accreditation certificates and make that
public.

The changes in relation to the accreditation requirements as the practicing personnel and the primary responsible person of the organizations
that have obtained the accreditation, their facilities, certification rules formulated by themselves, etc., shall be notified to
the accreditation bodies in good time.

Article 49

Any accreditation bodies may not accept any grants that may influence the impersonality and justice of the accreditation activities.

Article 50

The certification bodies, inspection organizations and laboratories within China, who have obtained the accreditation from foreign
accreditation bodies, shall put that on record at the certification and accreditation administration department of the State Council.

Chapter V Supervision and Administration

Article 51

The certification and accreditation administration department of the State Council shall make supervisions over the certified enterprises
by way of organizing the experts of the same industry to appraise through discussion, soliciting opinions from the certified enterprises,
and making spot-check on the certification activities and certification results, as well as demanding the certification bodies, inspection
organizations, and laboratories in relation to certification to make report on their business activities. In case any act in violation
of the present Regulations shall be investigated into and solved in time, and where the illicit act has to do with the function of
the relative departments of the State Council, the relevant departments shall be informed in time.

Article 52

The certification and accreditation administration department of the State Council shall supervise the confirmed certification bodies,
inspection organizations and laboratories, and inspect their certification periodically or aperiodically, examination and inspection
activities. The confirmed certification bodies, inspection organizations and laboratories shall submit reports periodically to the
certification and accreditation administration department of the State Council, and shall be responsible for the authenticity of
the report. The conditions of certification, inspection and examination on the products listed in the Catalogues shall be explained
in the report.

Article 53

The accreditation bodies shall submit reports periodically to the certification and accreditation administration department of the
State Council, and shall be responsible for the authenticity of the report; there in the report shall be explanations on such conditions
as the implementation of accreditation systems by the accreditation bodies, the undertaking of the accreditation activities and the
work done by the practicing personnel.

The certification and accreditation administration department of the State Council shall make appraisal on the report submitted by
the accreditation bodies, and make supervisions over the accreditation bodies by way of referring to the file data of accreditation,
and inquiring the information from the relative persons.

Article 54

The certification and accreditation administration department of the State Council may, in light of the needs of supervision of the
certification and accreditation, ask the primary responsible persons of the accreditation bodies, certification bodies, inspection
organizations, and the laboratories for information about the relative matters, and give them instructions to correct, and the relative
personnel shall cooperate actively.

Article 55

The quality and technology supervision departments of all provinces, autonomous regions, and municipalities directly under the Central
Government, and the institutions of entry-exit inspection and quarantine established by the departments of the State Council for
quality supervision, inspection and quarantine, shall, pursuant to the present regulations, supervise the accreditation activities
within the authorization of the certification and accreditation administration department of the State Council.

The quality and technology supervision departments of the provinces, autonomous regions, and municipalities directly under the Central
Government, and the institutions of entry-exit inspection and quarantine established by the departments of the State Council for
quality supervision, inspection and quarantine, which are authorized by the certification and accreditation administration department
of the State Council, shall be called by a joint name as the local certification administration departments.

Article 56

Any entity or person is enpost_titled to report an offense on the illicit acts of certification or accreditation of the certification and
accreditation administration department of the State Council and the local certification administration departments, who shall then
make investigations into and handle them in time, and keep confidential for reporter.

Chapter VI Legal Liabilities

Article 57

Any entity or person engaging in the certification activities without approval shall be prohibited and imposed upon a fine ranging
from more than 100 thousand Yuan to less than 500 thousand Yuan, and the illegal gains shall be confiscated if any.

Article 58

Where the foreign certification organizations establish representative offices within the People’s Republic of China without approval,
they shall be prohibited and imposed upon a fine ranging from more than 50 thousand Yuan to less than 200 thousand Yuan, and the
illegal gains shall be confiscated if any.

Where the representative offices of foreign certification organizations established upon approval engage in the certification activities
within the territory of the People’s Republic of China, they shall be ordered to make corrections and be imposed upon a fine ranging
from more than 100 thousand Yuan to less than 500 thousand Yuan, and the illegal gains shall be confiscated if any; where the circumstances
are serious, the documents of approval shall be revoked and publicized.

Article 59

Where the certification bodies accept grants that may influence the impersonality and justice of the certification activities, or
engage in such activities as the development and sales of the products, etc. that may influence the impersonality and justice of
the certification activities, or have interests relations in capitals or management with the certification clients, they shall be
ordered to suspend operation for rectification, where the circumstance is serious, the documents of approval shall be revoked, and
the punishment shall be made public; and the illegal gains shall be confiscated if any; where it constitutes a crime, their criminal
liabilities shall be prosecuted for.

Article 60

Where the certification bodies have any of the following circumstances, they shall be ordered to make corrections, and be imposed
on a fine ranging from more than 50 thousand Yuan to less than 200 thousand Yuan, and the illegal gains shall be confiscated if any;
where the circumstances are serious, they shall be ordered to suspend operation for rectification or even be revoked of the documents
of approval, and the punishment shall be made public:

1.

Carrying out certification activities out of the scope of approval;

2.

Increasing, reducing, or omitting the procedures as prescribed in the basic certification regulations and rules;

3.

Failing to make following-up investigation on their certification products, services and management systems effectively, or failing
to suspend the use of or revoke the certificates and make public the punishment after finding out that their certified products,
services and management systems are unable to meet the requirements of certification; or

4.

Retaining persons who haven’t been registered by the accreditation bodies to undertake the certification activities.

Where the inspection organizations, laboratories in relation to certification increase, decrease or omit the procedures of the basic
certification regulations or rules, they shall be punished pursuant to the preceding paragraph.

Article 61

Where the certification bodies have any of the following circumstances, they shall be ordered to make corrections within a certain
time limit; where they still haven’t made corrections at the expiry of the time limit, they shall be imposed upon a fine ranging
from more than 20 thousand Yuan to less than 100 thousand Yuan:

1.

Refusing to provide the certification services that fall within their business scope for the reason that the clients haven’t taken
part in the certification consultation or certification training, or bringing forward to the clients the requirements or restricted
conditions irrespective to certification activities;

2.

The style, character and name of the self-made certification marks are the same as or similar to the certification marks popularized
by the State, or disturb social administration or impair social m

CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON SIMPLIFYING THE VERIFICATION PROCEDURE OF SELL FOREIGN EXCHANGE FOR PAYMENT UNDER THE ITEM OF ADVANCED PAYMENT

State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange on Simplifying the Verification Procedure of Sell Foreign Exchange for Payment
Under the Item of Advanced Payment

Hui Fa[2003]No.119

October 9,2003

The branches and offices of the State Administration of Foreign Exchange (hereinafter referred to as SAFE) of all provinces, autonomous
regions and municipalities directly under the State Council and cities with separate plans under the state plan, and Chinese-invested
Foreign exchange designated banks,

The SAFE resolved to simplify the verification procedure of sell foreign exchange for payment under the item of advanced payment in
import business in order to meet the need of the new situation after the access of WTO, to strengthen the international competitiveness
of the domestic enterprises and to promote the trade convenience. Related matters are notified as follows:

1.

The import units are allowed to buy the foreign exchange for payment in the designated banks directly based on the contract, the performance
invoice, the verification form of pay-in-foreign-exchange of import and other related documents in the circumstance that the amount
of payment does not exceed US$200,000 or its equivalent, and is allowed not to offer the advanced payment L/G with test key that
is checked by the banks. The import units must buy the foreign exchange for payment in the designated banks based on the contract,
the performance invoice, the verification form of pay-in-foreign-exchange of import and other related documents in the circumstance
that the amount of payment exceeds US$200,000 or its equivalent, and the advanced payment L/G must be offered at the same time.

2.

Domestic foreign-invested enterprises can buy the foreign exchange for payment directly in the designated banks based on the contract,
the performance invoice, the verification form of pay-in-foreign-exchange of import, Foreign Exchange Register of foreign-invested
enterprises or the testimonial offered by the relative corporations or other documents without offering the advanced payment L/G
to pay in advance to its abroad headquarters or the filiale, share-participating corporations or holding corporations established
by the abroad headquarters in the states or regions outside China(besides Hong Kong, Macao and Taiwan ).

3.

Domestic Chinese enterprises can buy the foreign exchange for payment directly in the designated banks based on the contract, the
performance invoice, JKFHHXD, the admission certificate of oversea-invest obtained from the competent commerce authority or the testimonial
offered by the relative corporations or other documents without offering the advanced payment L/G to pay in advance to the abroad
corporations or its filiale, share- participating corporations or holding corporations in the states or regions outside China( besides
Hong Kong, Macao and Taiwan ).

4.

The import unit can report and be kept on record at the branches or offices of the SAFE by offering the contract, custom handbook,
the bill of entry in the term of material processing with the stamp of verification of the custom, B/L, invoice and guarantee of
going through the verification procedure in time in the circumstance of buy the foreign exchange for payment under the item of import
material processing. It can go through the procedure of the verification and of buying the foreign exchange for payment in the designated
banks based on the Record of Payment in Foreign Exchange of Import that obtained by the local departments of foreign exchange and
the certificate of buying the foreign exchange for payment. The branches and offices shall grant the Record of Payment in Foreign
Exchange of Import of the category of truthfulness verification to the import unit after verify all the documents.

5.

The designated banks shall strictly audit the documents in the course of sell foreign exchange for payment under the item of advanced
payment in the accordance with this circular, and shall strictly audit all the testimonials offered by the relative corporation in
the course of sell the foreign exchange for payment in accordance with Article 2 and Article 3 of this circular. If the payment
can not be justified as the payment between relative corporations, it should be done in accordance with Article 1

6.

This circular shall not be applied to the units out of the list of import units of pay-in-foreign-exchange and the list of units that
pass the truthfulness audit of the SAFE

7.

These Provisions come into effect as of the date of promulgation. If any provisions previously promulgated run counter to these Provisions,
these Provisions shall prevail. The branches and offices shall transmit this circular to the subordinate institutions and designated
banks and all the designated banks to the branches immediately after the receipt of the circular. Any problem raised in the course
of implement shall be reported to the Department of Regular Items of SAFE in time.

 
State Administration of Foreign Exchange
2003-10-09

 




REGULATION ON THE URGENT HANDLING OF THE ENTRY-EXIT INSPECTION AND QUARANTINE OF FRONTIER AND PORT PUBLIC HEALTH EMERGENCIES

State General Administration of Quality Supervision, Inspection and Quarantine

Order of the State Administration of Quality Supervision, Inspection and Quarantine

No. 57

The Regulation on the Urgent Handling of the Entry-Exit Inspection and Quarantine of Frontier and Port Public Health Emergencies was
deliberated and adopted at the executive meeting of the State Administrative of Quality Supervision on September 28th, 2003. It is
hereby promulgated and shall come into force as of the date of promulgation.

State General Administration of Quality Supervision, Inspection and Quarantine

November 7th, 2003

Regulation on the Urgent Handling of the Entry-Exit Inspection and Quarantine of Frontier and Port Public Health Emergencies

Chapter I General Provisions

Article 1

In order to effectively prevent, lessen, control and eliminate the harm of public health emergencies in good time, to safeguard the
physical health of the persons on entry or exit and the general public of the frontiers and ports, and to maintain the normal social
order at the frontiers and ports, the present Regulation is formulated pursuant to the Frontier Health Quarantine Law of the People’s
Republic of China, its implementation rules and the Regulation on the Urgent Handling of Public Health Emergencies.

Article 2

“Public health emergencies” as mentioned in the present Regulation (hereinafter referred to as “emergencies”) refers to the outbreak
of a serious contagious disease, colonial disease of unknown causes, serious food poisoning that has caused or may cause severe effect
on the health of the persons on entry or exit and the general public at the ports and frontiers, and to other incidents that severely
affect the health of the general public, including:

(1)

Rat plague, cholera, yellow fever, inhalational anthrax, severe acute respiratory syndrome;

(2)

The outbreak or prevailing of a contagious disease in Categories B and C in rather large scale, or the situation that several persons
die of such a disease;

(3)

The occurrence of the epidemic situation of a rare disease or a disease that the state has ever declared eliminated;

(4)

Loss of a contagious disease bacteria or virus spawns;

(5)

The occurrence of a colonial disease with similar clinical features of unknown cause which is spreading or may spread;

(6)

10 persons or more are poisoned or die of poison;

(7)

Emergencies taking place at home or abroad that may endanger the frontiers and ports.

Article 3

The present Regulation shall apply to the urgent handling of the emergencies in relation to the frontiers, ports, persons on entry
or exit, means of transport, goods, containers, luggage and post parcels, etc.

Article 4

In the urgent handling of the entry-exit inspection and quarantine of a frontier and port emergency, one shall comply with the policy
of focusing on the prophylaxis and being always on the alert, and carry out the principles of unified leadership, level-to-level
responsibilities, timely responses, definite measures, depending on science and strengthening cooperation.

Article 5

Inspection and quarantine institutions at all levels shall commend and award the persons who make outstanding contributions in the
urgent handling of entry-exit inspection and quarantine of frontier and port emergencies.

Chapter II Organization and Control

Article 6

The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ), the entry-exit
inspection and quarantine bureaus of all places directly under it and their branches shall form a command body for urgent handling
of the entry-exit inspection and quarantine of frontier and port emergencies.

Article 7

The SAQSIQ shall coordinate and control the overall command body for urgent handling of the entry-exit inspection and quarantine of
frontier and port emergencies and shall perform the following functions:

(1)

Studying and formulating the plan on the urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies;

(2)

Commanding and coordinating the inspection and quarantine institutions to earnestly perform in the urgent handling of the entry-exit
inspection and quarantine of frontier and port emergencies, as well as organizing and bringing the technical force and relevant resources
into play;

(3)

Checking and guiding the performances of the inspection and quarantine institutions in the urgent handling of the emergencies, and
supervising the implementation of all urgent handling measures;

(4)

Coordinating the relationship between it and the relevant administrative departments of the state, and establishing necessary urgent
coordination and contact mechanism;

(5)

Making collection, arrangement, analysis and reporting to the higher level the relevant information and the variations of the situation,
and offering advice and proposals for the state to make resolutions; transmitting all relevant orders of the organs of higher levels
to the inspection and quarantine institutions of all levels, and making arrangements for the implementation of such orders;

(6)

Encouraging, supporting, and coordinating to carry out international communication and cooperation of relevant technologies concerning
the monitoring, pre-warning, response and handling of entry-exit inspection and quarantine of frontier and port emergencies.

The SAQSIQ shall establish an expert consultation team for the urgent handling of entry-exit inspection and quarantine of frontier
and port emergencies, which shall offer professional consultation services, technical guides on the urgent handling, and offer proposals
and advice for making urgent resolutions.

Article 8

An inspection and quarantine bureau directly under the SAQSIQ shall be liable for the urgent handling of the entry-exit inspection
and quarantine of frontier and port emergencies within its administrative area and shall carry out the following functions:

(1)

Organizing and implementing the emergency plan on the handling of the entry-exit inspection and quarantine of frontier and port emergencies
within its administrative area;

(2)

Mobilizing the force and resources of the inspection and quarantine institutions within its administrative area, and implementing
urgent measures;

(3)

Reporting the urgent handling information to the SAQSIQ in good time and putting forward work proposals;

(4)

Coordinating the relationship with the local people’s government and its administrative department of health, the administrative department
of the port, the customs, the departments of frontier inspection and other relevant departments, etc.

An inspection and quarantine bureau directly under the SAQSIQ shall establish a professional technical institution for the urgent
handling of entry-exit inspection and quarantine of frontier and port emergencies, which shall undertake relevant work.

Article 9

A branch shall perform the following functions:

(1)

Organizing and establishing an on-the-spot command department for the urgent handling of entry-exit inspection and quarantine of emergencies,
and organizing and implementing urgent measures on the spot in good time according to the specific situation;

(2)

Implementing urgent measures on the spot in conjunction with the professional technical institution of the entry-exit inspection and
quarantine of emergencies of the inspection and quarantine bureau directly under the SAQSIQ;

(3)

Strengthening the communication and cooperation between it and the local people’s government and other relevant departments.

Chapter III Preparations for Emergencies

Article 10

The SAQSIQ shall formulate the national plan for the handling of entry-exit inspection and quarantine of frontier and port emergencies
in accordance with the requirements of the Regulation on the Urgent Handling of Public Health Emergencies.

In light of the national plan for the handling of entry-exit inspection and quarantine of frontier and port emergencies, the inspection
and quarantine institutions of all levels shall develop their own plans for the handling of entry-exit inspection and quarantine
of frontier and port emergencies by taking the actual situation of the local ports into consideration, and each shall report to the
institution of the higher level and the local government for archival purposes.

Article 11

The inspection and quarantine institutions of all levels shall implement regular trainings of relevant urgent treatment skills of
entry-exit inspection and quarantine of frontier and port emergencies, and shall organize drills of urgent handling of entry-exit
inspection and quarantine of frontier and port emergencies and popularize advanced technologies.

Article 12

The inspection and quarantine institutions of all levels shall, in accordance with the requirements of the plan on the urgent handling
of entry-exit inspection and quarantine of frontier and port emergencies, guarantee the preparation and reservation of personnel,
facilities, equipment, prophylaxis medicines, appliances and other resources for emergencies, so as to enhance the capacity of handling
emergencies.

Article 13

The inspection and quarantine institutions shall carry out the publicity education of handling emergencies, and shall strengthen the
prophylaxis awareness of emergencies and promote the treatment ability.

Chapter IV Report and Notice

Article 14

The SAQSIQ shall formulate rules on the urgent handling of entry-exit inspection and quarantine of port and frontier emergencies,
shall establish a system for the report of the information in relation to the serious and emergent situation of any contagious disease.

When either circumstance as listed in Article 2 of the present Regulation occurs, the inspection and quarantine bureau directly under
the SAQSIQ shall report to the SAQSIQ within 1 hour after receiving such report, and shall report to the local government simultaneously.

With regard to any emergency that may result in serious social consequences, the SAQSIQ shall report to the State Council in good
time.

Article 15

An inspection and quarantine branch shall, when it learns of the occurrence of either circumstance as listed in Article 2 of the
present Regulation, report to the inspection and quarantine bureau directly under the SAQSIQ and simultaneously report to the local
government.

Article 16

The SAQSIQ and the inspection and quarantine institutions shall designate special persons to take charge of the communication of information
and circulate a notice about the name list of the relevant personnel within their respective administrative area.

Article 17

Any relevant frontier and port entity and individual shall, where it / he finds either circumstance as listed in Article 2 of the
present Regulation, in time and faithfully report to the local port inspection and quarantine institution. No one may conceal or
delay the report or make false reports or hint any other to conceal or delay the report or make false reports.

Article 18

An inspection and quarantine institution that receives a report shall, according to the present Regulation, assign persons to investigate
into, verify and corroborate the reported items, take necessary measures and report relevant information of investigation in time.

Article 19

The SAQSIQ shall inform the relevant departments of the State Council and the inspection and quarantine bureaus directly under the
SAQSIQ of the developing status of an emergency by circulating notices.

After having received a notice, each inspection and quarantine institution directly under the SAQSIQ shall notify the relevant branches
within their respective administrative area.

Article 20

The SAQSIQ shall establish a fast response information network system for the pre-warning of risks of entry-exit inspection and quarantine
of emergencies.

The inspection and quarantine institutions of all levels shall be liable for reporting the emergencies found by them to the higher
levels in good time through the network system, and the SAQSIQ shall in time circulate notices through the network system.

Chapter V Urgent Handling

Article 21

When an emergency occurs, the following on-the-spot urgent control measures shall be taken by the inspection and quarantine institution
of the venue upon approval of the institution of a higher level:

(1)

Conducting temporary control on the spot, and controlling the entry and exit of persons; under the serious epidemic situation suspected
of a human and animal disease, prohibiting patients and suspected patients from contacting the fragile animals;

(2)

Conducting medical observation or temporary isolated check-up on the relevant persons on the spot;

(3)

Taking control measures on the means of transport, cargos, containers, luggage and post parcels on entry or exit, to bar any transference;

(4)

Sealing up and preserving the equipment, materials and articles that may cause an emergency or the spread of an emergency,

(5)

Taking urgent health measures.

Article 22

An inspection and quarantine institutions shall organize experts to make epidemiological investigations into the emergency, conduct
on-the-spot monitoring and examination, determine the seriousness of the harm, make preliminary judgment on the type of the emergency
and put forward proposals on the initiation of the plan on the urgent handling of entry-exit inspection and quarantine of frontier
and port emergencies.

Article 23

The implementation of the plan on the urgent handling of entry-exit inspection and quarantine of frontier and port emergencies of
the SAQSIQ shall be subject to the approval of the State Council. The initiation of the plan on the urgent handling of entry-exit
inspection and quarantine of frontier and port emergencies of any of the inspection and quarantine institutions of any level shall
be subject to the approval of the higher level and be reported to the local government at the same time.

Article 24

The professional technical institution for the urgent handling of entry-exit inspection and quarantine of the frontier and port emergencies
established by an inspection and quarantine bureau directly under the SAQSIQ shall conduct technical investigations into, corroborate,
dispose of, control and appraise the emergencies.

Article 25

According to the need of urgent handing of an emergency, the command body for urgent handling of the entry-exit inspection and quarantine
of frontier and port emergencies shall be empowered to assemble the personnel of entry-exit inspection and quarantine, reserved materials,
means of transport and pertinent facilities and equipment. If it is necessary, the SAQSIQ may, according to Article 6 of the Frontier
Health Quarantine Law of the People’s Republic of China, submit an opinion to the State Council for approval of ordering to close
the pertinent frontiers or to take other urgent measures.

Article 26

The personnel who participate in the urgent handling of the inspection and quarantine of the frontier and port emergencies shall,
according to the requirements in the plan, take health quarantine prophylaxis measures and carry out their work under the guidance
of professionals.

Article 27

In case of finding any patient or suspected patient of a contagious disease on a means of transport, the responsible person shall
report to the local port inspection and quarantine institution as soon as possible. The inspection and quarantine institution shall
organize relevant personnel to take corresponding health quarantine measures as soon as it receives such report.

As for those who have close contacts with the patients of a contagious disease on the means of transport, they shall be subject to
a medical check-up or observation, or against whom control measures shall be taken pursuant to the health quarantine law and the
administrative law and regulation.

Article 28

The inspection and quarantine institution shall conduct necessary examination and check-up on the persons under temporary medical
check-up or isolation and note down in detail pursuant to relevant provisions. As for any patient necessary to be transferred, it
shall in time transfer the patient to the relevant department or institution for treatment.

Article 29

In the case of an emergency, the patients, suspected patients and the persons who have close contacts with the contagious patients
under medical check-up, on-site diagnosis and check-up, isolation treatment or health quarantine observation shall cooperate with
the inspection and quarantine institutions when they take heath quarantine measures.

Chapter VI Legal Liabilities

Article 30

In handling the entry-exit inspection and quarantine of frontier and port emergencies, the relevant port entities or individuals under
any of the following circumstances shall, according to the relevant law and regulation, be given a warning or be imposed on a fine.
If any crime is constituted, the offenders shall be subject to criminal liabilities in accordance with the law.

(1)

Concealing or delaying the report or making false reports of emergencies to the inspection and quarantine institutions;

(2)

Refusing the inspection and quarantine institution to enter into the site of an emergency to take urgent measures;

(3)

Impeding the handling personnel of an inspection and quarantine institution to perform their duties in the form of violence or by
other means.

Article 31

As for any inspection and quarantine institution that fails to exercise its duty of report in accordance with the present Regulation,
or conceals or delays the report or makes false reports of relevant information of an emergency or hints any other person to conceal,
delay or make false reports, the primary responsible persons and other direct responsible persons shall be given an administrative
punishment. If any crime is constituted, the offenders shall be subject to criminal liabilities in accordance with the law.

Article 32

When an emergency occurs, if an inspection and quarantine institution refuses to accept the uniform command of the inspection and
quarantine institutions of higher levels, misses the good time to take urgent measures or in violation of the requirements in the
plan, refuses the command of the inspection and quarantine institutions of higher levels on the uniform assembling of personnel and
materials, the entity shall be criticized by circulating a notice. If any serious consequence is caused, the primary responsible
persons and other direct responsible persons shall be given an administrative punishment. If any crime is constituted, the offenders
shall be subject to criminal liabilities in accordance with the law.

Article 33

When an emergency occurs, if any of the inspection and quarantine institutions fails to cooperate in the investigation by the higher
inspection and quarantine institution or impedes or interferes with the investigation by any other means, it shall be ordered by
the higher inspection and quarantine institution to get right, and the primary responsible persons and other responsible persons
shall be subject to administrative sanctions. If any crime is constituted, the offenders shall be subject to criminal liabilities
in accordance with the law.

Article 34

With regard to the functionaries who abuse their authorities, neglect their duties, or mal-practice for seeking private benefits in
the urgent handling of an emergency, the primary responsible persons and other direct responsible persons shall be given an administrative
punishment; if any crime is constituted, the offenders shall be subject to the criminal responsibilities in accordance with the law.

Chapter VII Supplementary Provisions

Article 35

The responsibility to interpret the present Regulation shall remain with the SAQSIQ.

Article 36

The present Regulation shall come into force as of the promulgation.



 
State General Administration of Quality Supervision, Inspection and Quarantine
2003-11-07

 







REGULATION OF THE PEOPLE’S REPUBLIC OF CHINA ON THE CUSTOMS PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

e03194

State Council

Order of the State Council of the People’s Republic of China

No. 395

The Regulation of the People’s Republic of China on the Customs Protection of Intellectual Property Rights, which was adopted at the
30th executive meeting of the State Council on November 26th, 2003, is hereby promulgated, and shall be implemented on March 1st,
2004.

Wen Jiabao,Premier of the State Council

December 2nd, 2003

Regulation of the People’s Republic of China on the Customs Protection of Intellectual Property Rights

Chapter I General Provisions

Article 1

The present Regulation is formulated in accordance with the Customs Law of the People’s Republic of China in order to carry out the
customs protection of intellectual property rights, to promote economic and trade contacts as well as scientific, technological and
cultural contacts with foreign countries, and to maintain public benefits.

Article 2

Customs protection of intellectual property rights mentioned in the present Regulation refers to the protection practiced by the customs
of the rights to exclusive use of trademarks, copyrights and copyright-related rights, patent rights (hereinafter uniformly referred
to as intellectual property rights), which are related to imported and exported goods and protected by the laws and administrative
regulations of the People’s Republic of China.

Article 3

The State prohibits the import and export of goods infringing intellectual property rights.

The customs shall, according to relevant laws and the present Regulation, practice protection of intellectual property rights, and
execute the relevant powers provided for in the Customs Law of the People’s Republic of China.

Article 4

Where an intellectual property rights holder requests the customs to practice protection of his intellectual property rights, he shall
file an application to the customs for taking protective measures.

Article 5

A consignee of imported goods or his agent, or a consigner of exported goods or his agent shall, according to the provisions of the
State, truthfully declare to the customs the status of his intellectual property rights in relation to the imported or exported goods,
and shall submit relevant certification documents.

Article 6

When practicing protection of intellectual property rights, the customs shall keep the commercial secrets of the relevant parties.

Chapter II Archival Filing of Intellectual Property Rights

Article 7

An intellectual property rights holder may, in pursuance of the present Regulation, file an application to the Customs General Administration
for archival filing of his intellectual property rights; when applying for archival filing, he shall submit an application letter,
which shall cover the following contents:

(1)

The intellectual property rights holder’s name, and his place of registration or his nationality, etc.;

(2)

The name and contents of as well as the relevant information on the intellectual property;

(3)

The status of permission to exercise the intellectual property;

(4)

The name and place of origin of the goods for which the intellectual property rights holder lawfully exercises the intellectual property,
the customs of entry or exit, the importer and exporter, the main features and the price, etc. of such goods;

(5)

The manufacturer, importer and exporter of the goods which are known to have infringed the intellectual property, the customs of entry
or exit, the importer and exporter, the main features and the price, etc. of such goods.

The intellectual property rights holder shall attach certification documents, if any, contained in the contents of the application
letter in the preceding paragraph.

Article 8

The Customs General Administration shall, within 30 working days as of day it receives all the application documents, make a decision
on whether or not to permit the archival filing, and notify the applicant in writing; if it does not permit the archival filing,
it shall explain the reason thereof.

In the case of any of the following circumstances, the Customs General Administration shall not permit the archival filing:

(1)

The application documents are incomplete or null and void;

(2)

The applicant is not the intellectual property rights holder;

(3)

The intellectual property is no longer protected by laws or administrative regulations.

Article 9

Where the customs finds that an intellectual property rights holder who applies for archival filing for his intellectual property
rights does not truthfully provide the relevant information or documents, the Customs General Administration may cancel the archival
filing therof.

Article 10

The archival filing of customs protection of an intellectual property right shall become valid as of the day when the Customs General
Administration permits the archival filing, with 10 years of validity period .

Where an intellectual property right is valid, the right holder may, within 6 months prior to the expiry of the validity period for
the archival filing of customs protection of the intellectual property rights, apply to the Customs General Administration for renewal
of the archival filing. The validity period for the renewed archival filing of each time shall be 10 years.

Where an intellectual property right holder does not apply for renewal at the expiry of the validity period for archival filing of
the customs protection of the intellectual property rights, or the intellectual property right is no longer protected by laws or
administrative regulations, the aforesaid archival filing shall be invalidated immediately.

Article 11

Where an archived intellectual property is changed in any way, the intellectual property rights holder shall, within 30 working days
as of such change, modify or nullify the archival filing in the Customs General Administration.

Chapter III Application for and Handling of Detainment of Suspected Infringing Goods

Article 12

Where an intellectual property right holder finds that any suspected infringing goods are about to be imported or exported, he may
submit an application to the customs at place of entry or exit for detainment of such goods.

Article 13

Where an intellectual property right holder requests the customs to detain any suspected infringing goods, he shall submit an application
letter and relevant certification documents, and provide evidence sufficient to prove the obvious existence of the infringement facts
as well.

An application letter shall cover the following main contents:

(1)

The intellectual property rights holder’s name, and his place of registration or his nationality, etc.;

(2)

The intellectual property’s name, contents, and relevant information;

(3)

The names of both the consignee and the consigner of the suspected infringing goods;

(4)

The name and specifications, etc. of the suspected infringing goods; and

(5)

The possible port and time of entry or exit of the suspected infringing goods, and the means of transportation thereof, and so on.

Where the suspected infringing goods are suspected to infringe an archived intellectual property right, the application letter shall
also include the customs archival filing number.

Article 14

Where an intellectual property right holder requests the customs to detain any suspected infringing goods, he shall provide the customs
with a guaranty of no less than the equivalent value of the goods, which shall be used to indemnify the losses caused to the consignee
or consigner because of inappropriate application, and to pay the warehousing, custody and disposal fees, etc. after the goods are
detained by the customs; in case the intellectual property rights holder directly pays warehousing or custody fees to the warehouseman,
such fees shall be deducted from the guaranty. The detailed measures shall be formulated by the Customs General Administration.

Article 15

Where an intellectual property right holder who files an application for detainment of any suspected infringing goods conforms to
Article 13 of the present Regulation, and has provided a guaranty as prescribed in Article 14 of the present Regulation, the customs
shall detain the suspected infringing goods, notify the intellectual property rights holder in writing, and serve the customs detainment
list to the consignee or consigner.

Where an intellectual property right holder who files an application for detainment of any suspected infringing goods does not conform
to Article 13 of the present Regulation, or fails to provide a guaranty as prescribed in Article 14 of the present Regulation,
the customs shall reject the application, and notify the intellectual property rights holder in writing.

Article 16

Where the customs finds that any imported or exported goods are suspected to have infringed an archived intellectual property, it
shall immediately notify the intellectual property rights holder in writing. In case the intellectual property rights holder submits
an application according to Article 13 of the present Regulation and provides a guaranty according to Article 14 of the present
Regulation within 3 working days as of service of the notice, the customs shall detain the suspected infringing goods, notify the
intellectual property rights holder in writing, and serve the customs detainment list to the consignee or consigner. In case the
intellectual property rights holder fails to file the application or provide the guaranty within the time limit, the customs shall
not detain the goods.

Article 17

Upon consent of the customs, an intellectual property right holder and the consignee or consigner may view relevant goods.

Article 18

Where a consignee or consigner considers that his goods do not infringe the intellectual property rights of the right holder, he shall
submit to the customs a written statement attached with relevant evidence.

Article 19

Where a consignee or consigner who is suspected to infringe patented goods regards that his imported or exported goods do not infringe
the patent right, he may, after providing the customs with a guaranty bond of equivalent value to that of the goods, request the
customs to release his goods. If the intellectual property rights holder fails to lodge a lawsuit to the people’s court within a
reasonable time, the customs shall refund the guaranty bond.

Article 20

Where, after the customs has found that any imported or exported goods are suspected to have infringed an archived intellectual property,
and has notified the intellectual property rights holder, while the intellectual property rights holder requests the customs to detain
the suspected infringing goods, the customs shall investigate into and ascertain within 30 working days as of the detainment whether
the detained suspected infringing goods have infringed the intellectual property; if the aforesaid goods are unable to be ascertained,
the customs shall immediately notify the intellectual property rights holder in writing.

Article 21

Where the customs investigates into the detained suspected infringing goods, and requests the competent administration of intellectual
property rights to provide assistance, the relevant competent administration of intellectual property rights shall provide assistance.

Where, when handling an infringement case of imported or exported goods, the competent administration of intellectual property rights
requests the customs to provide assistance, the customs shall provide assistance.

Article 22

When the customs is investigating into the detained suspected infringing goods and other relevant details, the intellectual property
rights holder, and the consignee or consigner shall provide cooperation.

Article 23

An intellectual property right holder may, after submitting an application to the customs for taking protection measures, file an
application according to the Trademark Law of the People’s Republic of China, the Copyright Law of the People’s Republic of China
or the Patent Law of the People’s Republic of China to the people’s court before lodging a lawsuit for taking the measure of ordering
to stop the infringing acts or taking property preservation with regard to the detained suspected infringing goods.

The customs shall provide assistance if receiving relevant notice of the people’s court on assisting in ordering to stop the infringing
acts or in taking property preservation.

Article 24

In the case of any of the following circumstances, the customs shall release the detained suspected infringing goods:

(1)

The customs detains the suspected infringing goods according to Article 15 of the present Regulation, but does not receive the notice
of the people’s court on assisting execution within 20 working days as of the detainment;

(2)

The customs detains the suspected infringing goods according to Article 16 of the present Regulation, but does not receive the notice
of the people’s court on assisting execution within 50 working days as of the detainment, and the detained suspected infringing goods
cannot be ascertained upon investigation to have infringed any intellectual property rights;

(3)

The consignee or consigner of the goods which are suspected to have infringed a patent right, after providing the customs with a guaranty
bond of equivalent value to that of the goods, requests the customs to release the goods;

(4)

The customs considers that the consignee or consigner has sufficient evidence to prove that the goods have not infringed the intellectual
property rights of the right holder.

Article 25

Where the customs detains any suspected infringing goods according to the present Regulation, the intellectual property rights holder
shall pay relevant warehousing, custody and disposal fees, etc. In case the intellectual property rights holder has not paid the
relevant fees, the customs may deduct them from the guaranty bond provided to customs, or requests the guarantor to perform the relevant
guaranty responsibilities.

Where the suspected infringing goods are regarded to have infringed an intellectual property, the intellectual property rights holder
may calculate the relevant warehousing, custody and disposal fees, etc. that he has paid into the reasonable expenditures for stopping
the infringing acts.

Article 26

Where the customs finds any suspected criminal case when carrying out the protection of intellectual property rights, it shall transfer
the case in accordance with the law to the public security organ for handling.

Chapter IV Legal Liabilities

Article 27

Where any detained suspected infringing goods are ascertained to have infringed an intellectual property rights after the investigation
of the customs, they shall be confiscated by the customs.

The customs shall, after confiscating the goods infringing an intellectual property rights, inform the intellectual property rights
holder in writing of the relevant information on the aforesaid goods.

Where the confiscated goods infringing an intellectual property are used for the commonweal undertaking, the customs shall deliver
them to the relevant commonweal institutions for the purposes of commonweal undertaking; if the intellectual property rights holder
has the intent of purchase, the customs may transfer the goods to the intellectual property rights holder non-gratuitously. In case
the confiscated goods infringing an intellectual property right are unable to be used for the commonweal undertaking and the intellectual
property rights holder has no intent of purchase, the customs may lawfully auction them after the infringement features have been
eliminated; and in case the infringement features are unable to be eliminated, the customs shall destroy such goods.

Article 28

Where an individual brings or mails articles of entry or exit by exceeding the quantity for self-use or the reasonable quantity, and
infringes an intellectual property rights prescribed in Article 2 of the present Regulation, the customs shall confiscate such articles.

Article 29

Where, after accepting an application for archival filing of intellectual property protection or for taking measures of protecting
an intellectual property, the customs fails to find the infringing goods, or fails to in time take protection measures or takes poor
protection measures because of the fact that the intellectual property rights holder fails to provide exact information, the intellectual
property rights holder shall undertake the liabilities by itself.

Where, after the intellectual property rights holder requests the customs to detain the suspected infringing goods, the customs is
unable to ascertain that the detained suspected infringing goods have infringed the intellectual property rights of the right holder,
or the people’s court rules that the said goods have not infringed the intellectual property rights of the right holder, the right
holder shall undertake the indemnity liabilities in accordance with the law.

Article 30

Where, when importing or exporting any goods infringing an intellectual property rights, a crime is constituted, the offenders shall
be subject to criminal liabilities in accordance with the law.

Article 31

Where any customs functionary neglects his duties, abuses his powers or practices frauds for personal gains when carrying out protection
of intellectual property rights, and a crime is constituted, he shall be subject to criminal liabilities in accordance with the law;
if no crime is constituted, he shall be imposed upon administrative sanctions in accordance with the law.

Chapter V Supplementary Provisions

Article 32

Where an intellectual property rights holder has his intellectual property rights archived in the Customs General Administration,
he shall pay the archival filing fee according to the relevant provisions of the State.

Article 33

The present Regulation shall be implemented on March 1st, 2004. The Regulation of the People’s Republic of China on Customs Protection
of Intellectual Property Rights promulgated by the State Council on July 5th, 1995 shall be abolished simultaneously.



 
State Council
2003-12-02

 







CIRCULAR OF THE MINISTRY OF FINANCE ON PRINTING AND DISTRIBUTING THE MEASURE FOR THE ADMINISTRATION OF PROJECTS (SUB-PROJECTS) WITH THE WORLD BANK’S TECHNICAL ASSISTANCE

Ministry of Finance

Circular of the Ministry of Finance on Printing and Distributing the “Measure for the Administration of Projects (Sub-Projects) with
the World Bank’s Technical Assistance”

Caiji [2003] No. 108

December 25, 2003

The relevant ministries, commissions and institutions directly under the State Council, and the departments (bureaus) in all provinces,
autonomous regions, municipalities directly under the Central Government and cities directly under the State planning:

For further standardizing the administration of the projects with the World Bank’s technical assistance, improving the quality of
managing the projects and the efficiency of using the fund, this Measure for the Administration has been formulated and is hereby
printed and distributed to your organization. Please observe and implement them.

Annex: Measures for the Administration of Projects (Sub-Projects) with the World Bank’s Technical Assistance Annex:Measures for the Administration of Projects (Sub-Projects) with the World Bank’s Technical Assistance

Chapter I General Provisions

Article 1

The present Measures are formulated with a view to further standardizing the administration of projects (sub-projects) with the World
Bank technical assistance, improving the quality of managing the projects and the efficiency of using the fund, and ensuring the
smooth attainment of the projects’ targets.

Article 2

“Projects (sub-projects) with the World Bank’s technical assistance” in this Law refer to projects (sub-projects) that use the World
Bank’s grants or technical cooperation loans.

Chapter II Administration of the World Bank’s Grants

Article 3

Relevant central and local agencies shall, in accordance with the relevant provisions of the Ministry of Finance, apply for the grants.
After verified and approved by the Ministry of Finance, the entity will become the grant project entity and be responsible for the
specifics of implementing the grant projects.

Article 4

The relevant central and local agencies that apply for the grants shall submit their applications to the Ministry of Finance along
with the materials as follow:

(1)

Proposal of the projects (sub-projects);

(2)

Commitment Letter of Grant Use

The above materials shall satisfy the relevant requirements of the Ministry of Finance and the World Bank.

Article 5

Applications of the relevant central agencies may be submit to the International Department of the Ministry of Finance in the name
of the competent authorities (Department level) of the entities; Applications of the relevant local agencies must be submit to the
International Department of the Ministry of Finance through the finance authorities of their provinces.

Article 6

Where the grant project entity is a central agency, with the Ministry of Finance’s approval, the grant may be managed and used by
its own, and the entity shall open and manage a special account for the projects in accordance with relevant provisions. For those
are not qualified for managing fund and finance or be under special circumstance, the grants shall be managed (including account
opening and management) by the International Department of the Ministry of Finance or the entity designated by the International
Department of the Ministry of Finance.

Article 7

Where the grant project entity is a local agency, with the Ministry of Finance’s approval, the grant shall be managed (including account
opening and management) through the finance authority of its province. Where there are special cases as the project involves several
localities and the account can not be divided, the account and the grant shall be managed by the International Department of the
Ministry of Finance or the entity designated by the International Department of the Ministry of Finance.

Article 8

Every grant project (sub-project) entity shall, in accordance with relevant provisions of the Ministry of Finance, pay adequately
and timely the charge for the use of the grant prior to the first withdrawal and account report.

Article 9

Every grant project (sub-project) entity shall implement the grant project in accordance with the Grants Agreement, relevant provisions
of the World Bank and the Ministry of Finance and the commitments in the Commitment Letter of Grant Use, and receive supervision
on procurement and audit from the World Bank, relevant finance authorities and auditing authorities.

Chapter III Administration of the World Bank’s Technical Cooperation Loans

Article 10

Relevant central and local agencies that need the World Bank’s technical cooperation loans shall apply in accordance with the project
management regulations stipulated by the Ministry of Finance for every technical cooperation project. After being verified and approved
by the Ministry of Finance, the entity will become the sub-project entity and be responsible for the specifics of implementing the
sub-projects.

Article 11

The applications submitted by the central and local agencies include the Sub-project Proposal that is required by the Projects Overall
Objective stipulated in the Loan Agreement (Development Credit Agreement). The Sub-project Proposal shall be made in accordance with
the standard format required by the Project Management Regulations.

Article 12

The applications of relevant central agencies that plan to use the central uniformly repay fund￿￿shall apply directly to the Ministry
of Finance by it own name. Other relevant central agencies’ applications may be submitted to the International Department of the
Ministry of Finance in the name of the competent authorities (Department level) of their respective agencies. The applications of
the relevant local agencies must be submitted to the International Department of the Ministry of Finance through finance authorities
of their provinces.

Article 13

When it is a central agency and has been approved to use the central uniformly repay fund, the sub-project entity shall directly sign
the Sub-project Agreement with the Ministry of Finance. When it is a central agency but has not been approved to use the central
uniformly repay fund, the sub-project entity shall directly sign the Agreement on Sub-project Loan Transfer with the Ministry of
Finance. When it is a local agency, the sub-project entity shall sign the Agreement on Sub-project Loan Transfer with the Ministry
of Finance through finance authority of its province.

Article 14

The special account of the technical cooperation projects, withdrawals and account reporting to the World Bank shall be uniformly
managed by the International Department of the Ministry of Finance or the entity designated by the International Department of the
Ministry of Finance. The relevant projects entities and finance authorities shall complete the procedure of withdrawals and submitting
expense accounts with the Ministry of Finance.

Article 15

Every sub-project entity shall, in accordance with the relevant provisions of the Ministry of Finance, pay adequately and timely the
charge for loan administration prior to the first withdrawal and account report.

Article 16

Every sub-project entity shall, in accordance with the Loan Agreement, the Project Management Regulations, the Sub-project Implementation
Agreement or the Agreement on Sub-project Loan Transfer and the relevant provisions of the World Bank and the Ministry of Finance,
implement the branch projects and receive supervision on procurement and auditing from the World Bank, relevant finance authorities
and auditing authorities.

Chapter IV Supplementary Provisions

Article 17

Any violation of this Measure will be seriously punished by the Ministry of Finance in accordance with the relevant laws, regulations,
and the relevant rules of the Ministry of Finance as well as the relevant requirements of the World Bank.

Article 18

The Ministry of Finance shall be responsible for the interpretation of this Measure.

Article 19

This Measure shall enter into force as of January 1, 2004.



 
Ministry of Finance
2003-12-25

 







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...