Uncategorized

AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF UGANDA ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS

AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF UGANDA ON THE RECIPROCAL
PROMOTION AND PROTECTION OF INVESTMENTS

The Government of the People’s Republic of China and the Government of the Republic of Uganda hereinafter referred to as the Contracting
Parties,

Desiring to strengthen their economic cooperation by creating favourable conditions for investments by investors of one Contracting
Party in the territory of the other Contracting Party;

Recognising that the encouragement and reciprocal protection of such investments will be conducive to the stimulation of business
initiative and will increase prosperity of both Contracting States;

Convinced that the promotion and protection of these investments would succeed in stimulating transfers of capital and technology
between the two Contracting States in the interest of their economic development,

Have agreed as follows:

Article 1

Definitions

For the purpose of this Agreement:

1.

The term “investment” means every kind of property, such as goods, rights and interests of whatever nature, and in particularly though
not exclusively, includes:

(a)

tangible, intangible, movable and immovable properly as well as any other right in rem such as mortgages, liens, usufructs, pledges
and similar rights;

(b)

shares, debentures, stock and any other kind of participation in companies;

(c)

claims to money or to any other performance having an economic value associated with an investment;

(d)

intellectual and industrial property rights such as copyrights, patents, trademarks, industrial models and mockups, technical processes,
know-how, trade names and goodwill, and any other similar rights;

(e)

business concessions conferred by law or under contract, including concessions to search for, cultivate, extract or exploit natural
resources,

Any change in the form in which properties are invested does not affect their character as investments provided that such change is
in accordance with the laws and regulations of the Contracting Party in whose territory the investment has been made.

2.

The term “investor” means

(a)

natural persons who have nationality of either Contracting Party in accordance with the laws of that Contracting Party;

(b)

legal entities, including company, association, partnership and other organization, incorporated or constituted under the laws and
regulations of either Contracting Party and have their headquarters in that Contracting Party.

3.

The term “return” means the amounts yielded from investments, including profits, dividends, interests, capital gains, royalties, fees
and other legitimate income.

4.

For the purposes of this Agreement, the term “territory” means respectively:

-for the People’s Republic of China, the territory of the People’s Republic of China, including the territorial sea and air space
above it, as well as any area beyond its territorial sea within which the People’s Republic of China has sovereign rights of exploration
for and exploitation of resources of the seabed and its sub-soil and superjacent water resources in accordance with Chinese Law and
international law;

-for Uganda, the Republic of Uganda.

Article 2

Promotion and protection of investments

1.

Each Contracting Party shall encourage and promote investors of the other Contracting Party to make investments in its territory and
admit such investments in accordance with its laws and regulations.

2.

The investments made by investors of one contracting party shall enjoy full and complete protection and safety in the territory of
the other Contracting Party.

3.

Without prejudice to its laws and regulations, neither Contracting Party shall take any discriminatory measures against the management,
maintenance, use, enjoyment and disposal of the investments by the investors of the other Contracting Party.

4.

Subject to its laws and regulations, one Contracting Party shall provide assistance in and facilities for obtaining visas and working
permit to nationals of the other Contracting Party engaging in activities associated with investments made in the territory of that
Contracting Party.

Article 3

Treatment of Investment

1.

Investments of investors of each Contracting Party shall all the time be accorded fair and equitable treatment in the territory of
the other Contracting Party.

2.

Without prejudice to its laws and regulations, each Contracting Party shall accord to investments and activities associated with such
investments by the investors of the other Contracting Party treatment not less favorable than that accorded to the investments and
associated activities by its own investors.

3.

Neither Contracting Party shall subject investments and activities associated with such investments by the investors of the other
Contracting Party to treatment less favorable than that accorded to the investments and associated activities by the investors of
any third Sate.

4.

This treatment shall not include the privileges granted by one Contracting Party to nationals or companies of a third Sate by virtue
of its participation or association in a free trade zone, customs union, common market or any other form of regional economic organization.

5.

The provisions of this Agreement shall not apply to matters of taxation in the territory of either Contracting Party. Such matters
shall be governed by the Double Taxation Treaty between the two Contracting Parties and the domestic laws of each Contracting Party.

Article 4

Expropriation

1.

Neither Contracting Party shall take any measures of expropriation or nationalization or any other measures having the effect of dispossession,
direct or indirect, of investors of the other Contracting Party of their investments in territory, except for the public interest,
without discrimination and against compensation.

2.

Any measures of dispossession which might be taken shall give rise to prompt compensation, the amount of which shall be equivalent
to the real value of the investments immediately before the expropriation is taken or the impending expropriation becomes public
knowledge, whichever is earlier.

3.

The said compensation shall be set not later than the date of dispossession. The compensation shall include interest at a normal commercial
rate from the date of expropriation until the date of payment. The compensation shall also be made without delay, be effectively
realizable and freely transferable.

Article 5

Indemnification

Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war, a
state of national emergency, insurrection, riot or other similar events in the territory of the latter Contracting Party, shall be
accorded by the latter Contracting Party treatment, as regards restitution, indemnification, compensation and other settlements,
which is no less favorable than that granted to its own nationals or companies or to those of the most favored nation.

Article 6

Subrogation

If one Contracting Party or its designated agency makes a payment to its investors under a guarantee or a contract of insurance against
non-commercial risks it has accorded in respect of an investment made in the territory of the other Contracting Party, the latter
Contracting Party shall recognize:

(a)

the assignment, whether under the law or pursuant to a legal transaction in the former Contracting Party, of any rights or claims
by the investors to the former Contracting Party or to its designated agency, as well as,

(b)

that the former Contracting Party or to its designated agency is enpost_titled by virtue of subrogation to exercise the rights and enforce
the claims of that investor and assume the obligations related to the investment to the same extent as the investor.

Article 7

Transfers

1.

Each Contracting Party shall guarantee to the investors of the other Contracting Party the transfer of their investments and returns
held in its territory, including:

(a)

profits, dividends, interests and other legitimate income;

(b)

proceeds obtained from the total or partial sale or liquidation of investments;

(c)

payments pursuant to a loan agreement in connection with investments;

(d)

royalties in relation to the matters in Paragraph 1 (d) of Article 1 ;

(e)

payments of technical assistance or technical service fee, management fee;

(f)

payments in connection with contracting projects;

(g)

earnings of nationals of the other Contracting Party who work in connection with an investment in its territory.

2.

Nothing in Paragraph 1 of this Article shall affect the free transfer of compensation paid under Article 4 and 5 of this Agreement.

3.

The transfer mentioned above shall be made in a freely convertible currency and at the prevailing market rate of exchange applicable
within the Contracting Party accepting the investments and on the date of transfer.

4.

In case of a serious balance of payments difficulties and external financial difficulties or the threat thereof, each contracting
party may temporarily restrict transfers, provided that this restriction: i) shall be promptly notified to the other party; ii) shall
be consistent with the articles of agreement with the International Monetary Fund; iii) shall be within an agreed period; iv) would
be imposed in an equitable, non discriminatory and in good faith basis.

5.

A Contracting Party may require that, prior to the transfer of payments, formalities arising from the relevant laws and regulations
are fulfilled by the investors, provided that those shall not be used to frustrate the purpose of paragraph 1 of this article.

Article 8

Settlement of disputes between an investor and a Contracting Party

1.

Any legal dispute between an investor of one Contracting Party and the other Contracting Party in connection with an investment in
the territory of the other Contracting Party shall, as far as possible, be settled amicably through negotiations between the parties
to the dispute.

2.

If the dispute cannot be settled through negotiations within six months from the date it has been raised by either party to the dispute,
it shall be submitted by the choice of the investor:

(a)

to the competent court of the Contracting Party that is a party to the dispute;

(b)

to International Center for Settlement of Investment Disputes (ICSID) under the Convention on the Settlement of Disputes between States
and Nationals of Other States, done at Washington on March 18, 1965, provided that the Contracting Party involved in the dispute
may require the investor concerned to go through the domestic administrative review procedures specified by the laws and regulations
of that Contracting Party before the submission to the ICSID.

Once the investor has submitted the dispute to the competent court of the Contracting Party concerned or to the ICSID, the choice
of one of the two procedures shall be final.

3.

The arbitration award shall be based on the law of the Contracting Party to the dispute including its rules on the conflict of laws
the provisions of this Agreement as well as the universally accepted principles of international law.

4.

The arbitration award shall be final and binding upon both parties to the dispute. Both Contracting Parties shall commit themselves
to the enforcement of the award. Each party to the dispute shall bear the costs of its appointed arbitrator and of its representation
in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the parties to the dispute.
The tribunal may in its award direct that a higher proportion of the costs be borne by one of the parties to the dispute.

Article 9

Settlement of disputes between Contracting Parties

1.

Any dispute relating to the interpretation or application of this Agreement shall be settled as far as possible through diplomatic
channels within three months.

2.

In case of failure of a settlement through diplomatic channels within three months, the dispute may be submitted to an ad hoc joint
committee consisting of the representatives of the two Parties or to ad hoc arbitration.

3.

The Contracting Parties may set up such joint committee comprising relevant experts to resolve the dispute. The procedures of the
joint committee shall be decided by both parties to the dispute.

4.

If the joint committee cannot settle the dispute within six months, the party to the dispute is enpost_titled to submit the dispute to
an ad hoc arbitration tribunal. The arbitration tribunal shall be set up as follows for each individual case:

Each Contracting Party shall appoint one arbitrator within a period of two months from the date on which one Contracting Party has
informed the other Party of its intention to submit the dispute to arbitration. Those two arbitrators shall, within further two months,
together select a national of a third State having diplomatic relations with both Contracting Parties as Chairman of the arbitral
tribunal.

If these time limits have not been complied with, either Contracting Party shall request the President of the International Court
of Justice to make the necessary appointment(s).

If the President of the International Court of Justice is a national of either Contracting Party or of a State with which one of the
Contracting Parties has no diplomatic relations or if, for any other reason, he cannot exercise this function, the Vice-President
of the International Court of Justice shall be requested to make the appointment(s).

5.

The court thus constituted shall determine its own rules of procedure. Its decisions shall be taken by a majority of the votes; they
shall be final and binding on the Contracting Parties.

6.

Each Contracting Party shall bear the costs resulting from the appointment of its arbitrator. The expenses in connection with the
appointment of the third arbitrator and the administrative costs of the court shall be borne equally by the Contracting Parties.

Article 10

Other obligations

If the legislation of either Contracting Party or international obligations existing at present or established hereafter between the
Contracting Parties result in a position entitling investments by investors of the other Contracting Party to a treatment more favorable
than is provided for by the Agreement, such position shall not be affected by this Agreement.

Article 11

Special Agreements

1.

Investments made pursuant to a specific agreement concluded between one Contracting Party and investors of the other Party shall be
covered by the provisions of this Agreement and by those of the specific agreement.

2.

Each Contracting Party undertakes to ensure at all times that the commitments it has entered into vis-￿￿-vis investors of the other
Contracting Party shall be observed.

Article 12

Application

This Agreement shall apply to investment, which are made prior to or after its entry into force by investors of one either Contracting
Party in the territory of the other Contracting Party in accordance with the laws and regulations of the other Contracting Party
concerned in the territory of the latter, but shall not apply to the dispute that arose before the entry into force of this Agreement.

Article 13

Governing law

All investments shall, subject to this Agreement, be governed by law in force in the territory of the Contracting Party in which such
investments are made.

Article 14

Consultations

1.

The representatives of the Contracting Parties shall hold meetings from time to time for the purpose of:

(a)

reviewing the implementation of this Agreement;

(b)

exchanging legal information and investment opportunities;

(c)

resolving disputes arising out of investments;

(d)

forwarding proposals on promotion of investment;

(e)

studying other issues in connection with investment.

2.

Where either Contracting Party requests consultation on any matter of Paragraph 1 of this Article, the other Contracting Party shall
give prompt response and the consultation be held alternatively in Beijing and Kampala.

Article 15

Amendments

The terms of this Agreement may be amended by mutual agreement of both Contracting Parties and such amendments shall be effected by
exchange of notes between them through diplomatic channels.

Article 16

Entry into force and duration

1.

This Agreement shall enter into force on the first day of the following month after the date on which both Contracting Parties have
notified each other in writing that their respective internal legal procedures necessary therefore have been fulfilled and remain
in force for a period of ten years.

2.

This Agreement shall continue to be in force unless if either Contracting Party has fails to given a written notice to the other Contracting
Party to terminate this Agreement one year before the expiration of the initial ten year period specified in Paragraph 1 of this
Article or at any time thereafter.

3.

With respect to investments made prior to the date of termination of this Agreement, the provisions of Article 1 to 15 shall continue
to be effective for a further period of ten years from such date of termination.

In Witness Whereof the undersigned, duly authorized thereto by respective Governments, have signed this Agreement.

Done in duplicate in Beijing on May 27, 2004, in the Chinese and English languages, both texts being equally authentic.

For the Government of the￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿For the Government of the

People’s Republic of China￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿Republic of Uganda



 
The Government of the People’s Republic of China
2004-05-27

 







ANNOUNCEMENT OF MINISTRY OF COMMERCE, GENERAL ADMINISTRATION OF CUSTOMS AND STATE ENVIRONMENTAL PROTECTION ADMINISTRATION






the Ministry of Commerce, the General Administration of Customs, the State Environmental Protection Administration

Announcement of Ministry of Commerce, General Administration of Customs and State Environmental Protection Administration

[2004] No. 55

In accordance with the Foreign Trade Law of the People’s Republic of China, the Custom Law of the People’s Republic of China, the
Law of Air Pollution Prevention and Control of the People’s Republic of China as well as other requirements related to the state
industrial policy, the prohibited commodities catalogue of processing trade are now adjusted and promulgated (see Appendix1). At
the same time some of the documents related to prohibited commodities of processing trade promulgated before shall be abolished (see
Appendix2).

This Announcement shall enter into force as of November 1, 2004. For those processing trade business which has been examined and approved
by commercial department (foreign trade and economy cooperation department), been put on record with the Customs and is related to
this catalogue’s adjustment and updating, it is permitted to complete the execution during the period of validity. However, the processing
trade handbook shall not be prolonged over the expiring date. Those commodities shall not be sold within the territory.

Henceforth the catalogue and the tax number of the prohibited commodities of processing trade shall be adjusted and updated annually
in line with the development of the national economy as well as the requirement of the industrial policy. If any department concerned
encounters any problem or has any suggestion during the execution, please put forward in time.

It is hereby notified.

Appendix: as is presented

Ministry of Commerce

General Administration of Customs

State Environmental Protection Administration

October 27, 2004 Appendix 1:Prohibited Commodities of Processing Trade

I.

Commodity prohibited from import of export by the state

1.

Announcement No.19, 2001 by the Ministry of Foreign Trade and Economic Cooperation of People’s Republic of China (the first batch
of commodities prohibited from import and the first batch of commodities prohibited from export prohibited from export);

2.

Announcement No.37, 2001 by the Ministry of Foreign Trade and Economic Cooperation , The Customs General Administration and the State
Administration for Quality Supervision , Inspection and Quarantine of People’s Republic of China (the second batch of commodities
prohibited from import );

3.

Announcement No.36, 2001 by the Ministry of Foreign Trade and Economic Cooperation , the General Administration of Customs, and the
State Administration for Environment Protection of People’s Republic of China(the third batch of commodities prohibited from import);

4.

Announcement No.25, 2002 by the Ministry of Foreign Trade and Economic Cooperation , the General Administration of Customs, and the
State Administration for Environment Protection of People’s Republic of China (the forth and fifth batch of commodities prohibited
from import, excluding sugar cane, molasses (17031000) and other molasses (17039000) having been adjusted to be restricted from import
in the forth batch);

5.

Announcement No. 40, 2004 by the Ministry of Commerce, the General Administration of Customs, and the Ministry of Forestry of People’s
Republic of China (the second batch of commodities prohibited from export);

6.

import materials which fall within commodities prohibited from import into China (including old clothes, disused publications with
obscene contents and industrial waste with injurant or radioactive substances etc. ).

II.

Commodity of processing trade prohibited from import or export

1.

seeds, seedling, breeder, chemical fertilizer, feedstuff, additive and antibiotic etc. imported for planting or raising export products

2.

frozen tip of chicken wing, chicken claws, chicken liver and other chicken sweetbread (import commodity code: 02071429)

3.

waste machinery and electronic products and scrap materials(see the list below) htm/e03716.htmSerial No

￿￿

Serial No.

Import Commodity Codes

Commodity Description

Note

1

26190000

Slag, scruff, oxygenized tegument and other boiled waste material

in making iron and steel (excluding granulated slag )

2

72044900.10

iron and steel casting die of abandoned cars

￿￿

72044900.20

waste hardware and electric appliance based on recycling iron and steel

￿￿

3

74012000

cement copper

￿￿

4

74040000.10

waste electric machines based on reclaiming copper etc.

including waste electrical machines, electrical wire, cable and hardware and electric appliance

5

76020000.10

waste electrical wire based on reclaiming aluminum

including waste electrical wire, cable and hardware and electric appliance

6

89080000

watercraft for dismounting and other floating construction

￿￿

7

26209990.10

calx and residue with over 10% of vanadium pentoxide

￿￿

￿￿￿￿4. Used electromechanical products (see the following table) (excluding the expansion of the maintenance and reopening in export processing
zone and tax-protected zone)






Serial No.

Import Commodity Codes

Commodity Description

Notes

1

84151010-84150909

air condition

￿￿

2

841780202

radioactive waste incinerator

￿￿

3

84181010-84189999

electric or non-electric refrigerator and other refrigeration equipments

￿￿

4

84711000-84715090

computer-like devices

￿￿

5

84716011

display

￿￿

84716012

 

 

84716019

 

 

6

84716031-84716039

MEASURES FOR THE ADMINISTRATION OF PRINTED ADVERTISEMENT

the State Administration for Industry and Commerce

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

No. 17

The Measures for the Administration of Printed Advertisement, which were adopted at the executive meeting of the State Administration
for Industry and Commerce of the People’s Republic of China, are promulgated hereby and shall go into effect as of January 1, 2005.

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

November 30, 2004

Measures for the Administration of Printed Advertisement

Article 1

With a view to enforcing the administration of printed advertisements, protecting the legal rights and interests of the consumers
and business operators, and maintaining a market order of fair competition, the present Measures are formulated in accordance with
the Advertising Law of the People’s Republic of China, the Regulations on Advertising Administration and other relevant provisions
of the State.

Article 2

The printed advertisements, subject to the administration of the present Measures, refer to printed advertisements in the common forms
of leaflets, posters, and brochures by which an advertiser publicizes by himself or commissions an advertising operator to publicize
for the introduction of the commodities and services that he promotes, or printed advertisements in a fixed form such as specialized
publications with fixed names, specifications, and patterns by which an advertising operator publicizes for the introduction of the
commodities and service that any other person promotes.

Article 3

A printed advertisement shall be true, lawful and conforming with the requirements for the development of socialist spiritual civilization,
and shall not contain any false information or deceive or mislead consumers.

Article 4

A printed advertisement shall be identifiable as a kind of printed advertisement by consumers, and shall not contain such non-advertisement
information as news reports.

Article 5

The publication of a printed advertisement shall not disturb the public order, social production or the people’s life. No printed
advertisement may be published in any site or area wherein the said advertisement is prohibited by any law or regulation or the local
people’s governments at or above the county level.

Article 6

Where an advertiser himself publishes a common form printed advertisement, the advertiser’s name and address shall be indicated; where
an advertiser commissions an advertising operator to design, produce or publish a common form printed advertisement, the name and
address of the advertising operator shall be indicated as well.

Article 7

Where an advertiser or an advertising operator use printed matter to publish the advertisements of such commodities as medicines,
medical apparatuses, pesticides, veterinary drugs and other advertisements which are subject to censorship as prescribed by laws
and administrative regulations, it shall obtain corresponding examination and approval documents of advertising in accordance with
the relevant laws and administrative regulations, and shall publish advertisements according to the advertising censorship documents.

Article 8

An advertising operator, who applies for issuing printed advertisement in a fixed form, shall meet the following conditions:

(1)

Taking advertising as its main business, its business scope including acting as an agent or an advertisement publisher, and its enterprise
name indicating that the industry which the enterprise belongs to is “advertising”;

(2)

Having a registered capital of no less than 1,500,000 Yuan;

(3)

The enterprise having been established for three years or more.

Article 9

When publishing a fixed form printed advertisement, an advertising operator shall apply to the administration for industry and commerce
of the province, autonomous region, municipality directly under the Central Government or city directly under State planning where
it is located, and shall submit the following application materials:

(1)

An application report (with such content of the fixed form printed advertisement which is applied for as the name and specifications;
the issue number, time, quantity and range of issuance; the type of the commodities and services to be introduced; the object, manner,
channel of issuing; etc.);

(2)

A photocopy of the business license;

(3)

An application form for the registration of the fixed form printed advertisement;

(4)

The sample of the first page of the printed advertisement in a fixed form.

Article 10

When the application materials are incomplete or fail to be in conformity with the legal form, the administration for industry and
commerce of the provinces, autonomous regions, municipalities directly under the Central Government and cities directly under State
planning shall, once for all within five days, inform the advertising operator of all the content need to be supplemented and corrected.
When the application materials are complete and in conformity with the legal form, the said administration shall, give a notice of
acceptance and make a decision within 20 days from the date of acceptance. If approval is granted, a Fixed Form Printed Advertisement
Registration Permit shall be issued. If it is not approved, an explanation shall be given in writing.

Article 11

The term of validity of the Fixed Form Printed Advertisement Registration Permit is 2 years. An advertising operator may apply to
the original registration organ for renewing the permit 30 days prior to the expiry date.

Article 12

An advertising operator shall indicate, on the top of the first page of a fixed form printed advertisement, the name of the fixed
form printed advertisement, the name and address of the advertising operator, the registration permit number, the issue number and
publishing time of the advertisement, and the unified mark of “DM”.

The name of a fixed form printed advertisement shall be composed of the following three parts arranged in proper order: the administrative
division in the enterprise name of the advertising operator + the name of the enterprise + the word “advertisement”. The written
name of the fixed form printed advertisement shall be noticeable, and all the integral parts shall be in identical size and font,
and the name shall take up an area of no less than 10% of the first page.

Article 13

The first page and last page of a fixed form printed advertisement shall be the advertisement page. An advertising operator shall
not print the post_title or table of contents of the advertisements therein on the first page. Such dictions as “host”, “assist”, “producer”,
“editorial board”, “editor”, “publish”, “this publication”, “magazine”, “special”, etc., which are easily confused with those as
used in newspapers or journals, shall not be used in a fixed form printed advertisement.

Article 14

The catalogue of advertisements or index in a fixed form printed advertisement shall consist of the names of the commodities (trademarks)
or the names of the advertisers. The corresponding advertisement content shall be able to clearly and specifically indicate the advertisers
and the commodities or services thereof under sales promotion. An advertising operator shall not publish an advertisement in the
form of news report.

Article 15

An advertising operator, when publishing a Chinese-foreign language printed advertisement in a fixed form to cater to any special
group, shall not violate any State regulation concerning language.

Article 16

An advertising operator shall publish a fixed form printed advertisement according to the name, specifications and patterns as approved,
and shall accept the supervision and examination of the administrations for industry and commerce. An advertising operator shall
submit a sample of the fixed form printed advertisement and other related materials as required, and may not conceal the real situation
or provide false materials.

An advertising operator shall not alter, scalp, lease or lend the Fixed Form Printed Advertisement Registration Permit, and shall
not have its fixed form printed advertisement published or operated by any other person by means of transfer.

Article 17

Where a printed advertisement is published in an emporium, drug store, medical service institution, recreation places or other public
places, the advertiser or the advertising operator shall obtain the consent of the manager of the said places. The manager of the
said places shall take charge of the printed advertisements that are distributed, displayed or posted within its jurisdiction, and
shall reject the issuance of any advertisement violating any of the advertising laws and regulations.

Article 18

Any printing enterprise of printed advertisements shall abide by the relevant regulations, and shall not print any printed advertisement
with illegal content.

Article 19

Anyone who violates the present Measures shall be punished in accordance with such relevant laws or administrative regulations as
the Advertising Law of the People’s Republic of China, the Regulation on Advertising Administration, etc., and the provisions of
the Detailed Implementing Rules for the Regulation on Advertising Administration. In case any related matter are not prescribed in
such relevant laws or administrative regulations as the Advertising Law of the People’s Republic of China, the Regulations on Advertising
Administration, etc., or in the Detailed Implementing Rules for the Regulation on Advertising Administration, the offender shall
be ordered to cease its unlawful practice by the administration for industry and commerce, and may be imposed a fine of less than
three times the illegal earnings but no more than a maximum of 30,000 Yuan, or a fine of no more than 10,000 Yuan in light of the
circumstances if there are no illegal earnings.

Any individual who unlawfully distributes or posts a printed advertisement shall be ordered to cease the wrongful acts by the administration
for industry and commerce, and shall be imposed a fine of no more than 50 Yuan.

Article 20

Where the situation of the advertising operator that engages in fixed form printed advertisement changes so that it no longer meets
the conditions as prescribed in Article 8 of the present Measures, the Fixed Form Printed Advertisement Registration Permit thereof
shall be revoked by the original registration organ.

Where a fixed form printed advertisement violates the provisions of Article 3 in the present Measures and if the case is serious,
the original registration organ may, in accordance with the provisions of Articles 37, 39 and 41 of the Advertising Law, cease the
violator’s business operations in fixed form printed advertisement and revoke its Fixed Form Printed Advertisement Registration Permit.

Article 21

Where any bill, packing, decoration or product instruction contains any advertising content, it shall be subject to the administration
of the present Measures.

Article 22

The present Measures shall go into effect as of January 1, 2005. The Measures for the Administration of Printed Advertising, which
were promulgated by the Order No. 95 of the State Administration for Industry and Commerce on January 13, 2000, shall be abolished
simultaneously.

 
the State Administration for Industry and Commerce
2004-11-30

 




GUIDELINES ON INTERNAL AUDIT FOR BANKING FINANCIAL INSTITUTIONS

Guidelines on Internal Audit for Banking Financial Institutions

Yin Jian Fa [2006] No. 51
June 27, 2006

Chapter I General Provisions

Article 1

In order to advance banking financial institutions to improve corporate governance, strengthen internal control and perfect the internal
audit system, these Guidelines are formulated according to the Banking Supervision Law of the People’s Republic of China, the Law
of the People’s Republic of China on Commercial Banks, the Company Law of the People’s Republic of China, the Audit Law of the People’s
Republic of China, the Regulations for the Implementation of the Audit Law of the People’s Republic of China and other relevant laws
and regulations.

Article 2

The term “banking financial institutions” as mentioned in these Guidelines shall refer to the policy banks and commercial banks that
are established within the territory of the People’s Republic of China.

As for other financial institutions established upon approval of the China Banking Regulatory Commission (hereinafter referred to
as the CBRC), these Guidelines may be implemented by reference.

Article 3

The term “internal audit” as mentioned in these Guidelines refer to a kind of independent and objective supervision, appraisal or
consulting activity, and is an important part of the internal control of banking financial institutions, under which systematic and
regularized methods are adopted to examine, appraise and improve the business activities, risk conditions, internal control and corporate
governance effects of banking financial institutions, so as to promote the healthy development of banking financial institutions.

Article 4

The internal audit of banking financial institutions aims to guarantee the implementation of related economic and financial laws
and regulations, guidelines and policies as well as the rules of supervisory departments of the state, control the risks at an acceptable
level within the risk framework of banking financial institutions, improve the operation of banking financial institutions and increase
the value.

Article 5

The internal audit work of banking financial institutions shall be independent of the business operation and management, be guided
by risks and be guaranteed to be objective and impartial.

Article 6

The CBRC shall examine and appraise the internal audit work of banking financial institutions according to these Guidelines.

Chapter II Framework and Staff

Article 7

The board of directors of a banking financial institution shall be responsible for establishing and maintaining a sound and effective
internal audit system. Where there is no independent board of directors, the senior managers shall be responsible for fulfilling
the relevant duties.

An audit committee shall be set up under the board of directors, which shall contain at least 3 members and a majority of the members
shall be non-executive directors. The chairman of the audit committee shall be an independent director. Where there is no independent
board of directors, the organizational structure of the audit committee and the person-in-charge thereof shall be subject to the
determination of the senior managers.

Article 8

The banking financial institution shall set up an internal audit department to audit the business operation and management acts of
all institutions of the same banking group, and may staff a chief auditor to be responsible for the audit work of all institutions
of the same banking group.

The chief auditor shall be appointed by the board of directors, which shall be included into the scope of ratification of the position-holding
qualification of senior managers of banking financial institutions. And alteration of the position of the chief auditor shall be
reported to the CBRC in advance.

Article 9

Banking financial institutions shall establish an independent and vertical internal audit management system. The audit budget, the
remunerations of employees, the appointment and dismissal of major persons-in-charge shall be decided on by the board of directors
or its special committee. The remuneration of internal auditors may not be lower than the average level of employees of the same
grade in other departments of the institution.

Article 10

The internal auditors of banking financial institutions shall generally be staffed at 1% of the total number of employees, and an
internal position-shift system shall be set up.

Article 11

Internal auditors shall be of corresponding professional practicing qualifications:

(1)

Professional level. Internal auditors shall have a diploma of junior college or above, grasp professional knowledge related to internal
audit of banking financial institutions, and be familiar with related financial laws and regulations and internal control rules.

(2)

Practicing experience. Internal auditors shall have experienced in practicing finance for at least two years; the person-in-charge
of an audit project shall have at least experienced in audit for at least three years, or at least six years in practicing finance.

(3)

Morality criteria. Internal auditors shall have upright, objective, clean-fingered and impartial occupational ethics, and have no
bad records since he engaged in financial work.

Chapter III Duties

Article 12

Banking financial institutions shall make rules to clarify the duties of the board of directors, the audit committee, the chief auditor,
the internal audit department and the staff thereof.

Article 13

The board of directors shall bear the final liabilities for the suitability and validity of internal audit, be responsible for approving
articles of association of internal audit, medium and long-term audit plan and annual work plan, etc., provide necessary to guarantee
the internal audit work be carried out independently and objectively, and examine and supervise the audit work.

Article 14

The audit committee shall be responsible to the board of directors, and, upon authorization of the board of directors, organize and
guide the internal audit work. The audit committee shall convene meetings regularly, and may, if necessary, invite senior managers
to attend the meeting.

Article 15

The chief auditor shall be responsible for organizing the implementation of internal audit articles of association, medium and long-term
audit plan and annual work plan, do well in the coordination work, timely report the audit work to the board of directors and the
major persons-in-charge of the senior management staff, and take charge of the overall quality of internal audit.

Article 16

The internal audit department shall be responsible to the board of directors and the audit committee, formulate internal audit procedures,
appraise the risk conditions and management status, implement the annual audit work plan, carry out follow-up audit, supervise the
rectification, be responsible for the quality of the audit project, and well manage archival.

Article 17

The internal audit items shall mainly include:

(1)

the regularity of business management and the work condition of the related department;

(2)

soundness and validity of the internal control;

(3)

risk conditions, and the applicability and validity of the procedures for risk identification, computation and control;

(4)

information on programming and design, development and operation, management and maintenance of the information system;

(5)

accuracy and reliability of the accounting records and the financial reports;

(6)

information on the asset valuation system related to risks; and

(7)

operational performance of the institution and fulfillment of duties by managers.

Chapter IV Scope of Powers

Article 18

Banking financial institutions shall make rules to clarify powers necessary for the internal audit department to fulfill its duties.

Article 19

The internal audit department can be present at or take part in meetings related to the duties of the internal audit department.

Article 20

The internal audit department shall be enpost_titled to timely and fully know about the management information, investigate and inquire
of the entity subject to audit and the related persons involved in the relevant issues, as well as collect evidence from them.

Article 21

The internal audit department may, when deeming it necessary, report audit findings directly to the board of directors.

Article 22

The internal audit department shall have the power to propose suggestion on punishment and power to impose penalties.

Article 23

In case anyone refuses to accept or cooperate in internal audit, refuses to provide true information or provides false information,
retaliates or frames up the auditors, the internal audit department shall have the power to report this to the superior department,
and request the superior department to timely stop the act and make relevant punishment.

Chapter V Quality Control

Article 24

The internal audit department may provide consultation services regarding risk management, internal control and other related matters,
but may not directly participate in or take charge of making decisions on internal control design or management, or implementing
such decisions.

Article 25

The internal audit department shall, based on the annual risk evaluation, determine audit focuses. The audit frequency and extent
shall accord with the business nature, complexity, risk conditions and management level of banking financial institutions.

Every business office shall be subject to risk evaluation at least once every year, and be audited at least once every two years.

Article 26

The internal audit department and the auditors thereof shall, strictly according to the audit procedures and audit methods, implement
the audit project, and make self-evaluation at regular intervals.

Article 27

The internal audit department shall set up an audit withdrawal system for internal auditors, and guarantee the objectivity of internal
audit.

Article 28

The internal audit department shall set up a follow-up training system for internal auditors, encourage them to obtain the practicing
qualifications of certified public accountant, certified internal auditor, certified information system auditor and etc., so as to
guarantee the professional competency of the internal auditors.

Article 29

The internal audit department shall enhance the application of technological means and information technology in audit work, establish
and improve the non-on-spot internal audit monitoring system as well as the internal audit operation system and the information management
system.

Article 30

The internal audit department may, in light of the need of work, outsource partial internal audit project upon approval of the board
of directors, but shall in advance evaluate the independence, objectivity and professional competency of the undertaking institution.

Article 31

The internal audit department shall set up an audit reconsideration system. The audit conclusion to which the entity under audit
objects shall be subject to reconsideration of the superior institution of the audit institution that has made the audit conclusion.

Article 32

The board of directors may hire an institution outside to appraise the due diligence of the internal audit department, and guarantee
that the external inspectors are independent of the entity subject to appraisal, have the professional competency and are in no interest
and conflict with the entity subject to appraisal.

Chapter VI Report System

Article 33

The banking financial institution shall set up an internal audit report system and a report avenue, which are suitable for the vertical
management system.

Article 34

The audit committee shall report its audit work to the board of directors on a quarterly basis, and notify the senior management
staff and the board of supervisors of it.

Article 35

The chief auditor and the internal audit department shall report the audit work to the board of directors and the main principal
of the senior management staff on a quarterly basis, and shall, at least once every year, submit to the board of directors the audit
work reports containing contents such as fulfillment of the duties, audit findings and suggestion and etc.

Article 36

The chief auditor and the internal audit department shall, after finishing a matter subject to audit, timely submit to the board
of directors and the main principals of the senior management staff the project audit report containing contents such as the survey
of audit, audit basis, audit conclusion, audit decision, audit suggestion, feedback opinions of the entity subject to audit and etc.

Article 37

The banking financial institution shall set up and improve the system for communicating with and making reports to the CBRC.

The board of directors and the senior management staff shall timely report to the CBRC the major audit findings.

The internal audit department shall report the following items to the CBRC or the dispatched office thereof:

(1)

The all-round audit work report submitted to the board of directors;

(2)

Where the internal audit department conducts audit at a different place, it shall meanwhile make a copy of the audit report to the
dispatched office by the CBRC at the locality of the entity subject to audit;

(3)

After finding any major problem and reporting it to the board of directors, the internal audit department shall directly report the
related information to the CBRC, under the circumstance that the problem has not been carefully investigated, no punishment has been
imposed and no rectification has been made.

(4)

The audit report of the external intermediary institution on the banking financial institution. And

(5)

Other matters as required by the CBRC or its dispatched office to be reported.

Chapter VII Assessment and Accountability

Article 38

The board of directors and the senior management staff shall take effective measures to guarantee the sufficient utilization of the
internal audit achievements.

As for issues not rectified in light of the rectification requirements, the senior management staff shall supervise and urge to make
rectification, investigate the liabilities of related persons, and bear the liabilities and risks for not taking timely rectifying
measures against the audit findings.

Article 39

The board of directors shall set up an incentive and restrictive mechanism, assess and appraise the due diligence and fulfillment
of duties of all related parties to the internal audit, set up an accountability system for internal audit, and clarify the standards
and procedures for investigating the internal audit liabilities and the exemption thereof.

Article 40

The board of directors shall investigate the liabilities of the person in charge of the internal audit department or any other person
directly liable under any of the following circumstances:

(1)

failing to implement the audit plan, procedures or methods and thus caused major problems unable to be found;

(2)

concealing any problem found from the audit or failing to truthfully report it;

(3)

the audit conclusion violating the facts seriously;

(4)

doing a poor job in following up the investigation and rectification of the problems found from the audit;

(5)

failing to implement the confidentiality system in light of the requirements; or

(6)

committing other acts injuring the interests or fame of banking financial institutions.

Article 41

Where, upon inspection, supervision and affirmation of liabilities, a banking financial institution has sufficient evidence to prove
that the internal audit department and the auditors have performed the duties in due diligence according to related laws, regulations,
rules, these Guidelines and its internal audit rules, and have timely reported the problems found from the examination, it may, when
the related problems of the entity subject to audit are exposed, exempt or partially exempt the liabilities of the internal audit
department and the related auditors by considering the conditions.

Chapter VIII Supplementary Provisions

Article 42

Banking financial institutions shall, according to these Guidelines, formulate their respective detailed implementation rules, and
make reports to the CBRC for archival filing.

Article 43

The power to interpret these Guidelines shall remain with the CBRC.

Article 44

These Guidelines shall enter into effect as of July 1, 2006.

 
The China Banking Regulatory Commission
2006-06-27

 




CIRCULAR OF THE GENERAL OFFICE OF THE STATE ENVIRONMENTAL PROTECTION ADMINISTRATION ON STRENGTHENING THE EXAMINATION AND APPROVAL OF WASTE RESTRICTED FROM IMPORT

Circular of the General Office of the State Environmental Protection Administration on Strengthening the Examination and Approval
of Waste Restricted from Import

Huan Ban [2006] No.89

The competent bureaus (departments) of environmental protection in all provinces, autonomous regions, municipalities directly under
the Central Government:

For the purpose of strengthening the administration of solid waste used as raw materials which are restricted from import (hereinafter
referred to as “imported waste”), regulating its examination and approval, putting an end to the illegal activities of reselling
import licence of solid waste at high profits and preventing environmental pollution caused by the processing and utilization of
solid waste, it is hereby notified:

I.

To further strengthen the examination and approval of waste import ports

The competent departments of environmental protection at all levels shall strengthen the administration of waste import ports in accordance
with the Circular on Relevant Issues Concerning the Strengthening of Examination and Approval of Waste Restricted from Import (Huan
Ban [2004] No.100). They shall be examined and approved by the competent departments nearby. When examining the applications of importing
waste through coastal ports of other provinces, autonomous regions and municipalities, the competent departments in the following
21 provinces, autonomous regions and municipalities, i.e. Heilongjiang, Jilin, Inner Mongolia, Shanxi, Shaanxi, Ningxia, Gansu, Qinghai,
Xinjiang, Tibet, Sichuan, Chongqing, Yunnan, Guizhou, Hubei, Hunan, Jiangxi, Anhui, Hebei, Henan and Beijing, shall strengthen the
examination and verification of the capacity of the entities which process and utilize imported waste, their utilization record and
the feasibility of cost accounting of importing waste through remote ports; the applications shall be submitted to the State Environmental
Protection Administration only when they passed the local examinations.

II.

To further strengthen the supervision and administration of the entities which import and process waste plastics and waste hardware
and electric appliance

1.

To make a record of the entities which utilize imported waste. As of September 1, 2006, entities which import waste plastics and waste
hardware and electric appliance shall register at local competent departments of environmental protection and fill in the Record
Form of Entities Importing Solid Waste as Raw Materials(For Trial Implementation) (See Appendix 1)

2.

To make a record of the current utilization of imported waste. As of the beginning day of importing solid waste, the registered entities
shall keep a daily operation notebook and record exactly the importations, transportations, utilization and disposal of imported
waste (including the disposal of residues which cannot be utilized). They shall fill in the Record Form of Solid Waste Utilization
as Raw Materials (For Trial Implementation) (See Appendix 2) every quarter for key issues noted on their daily operation notebook
and submit it to the competent departments for record. They shall also preserve relevant documents for inquiry for at least 3 years.

3.

To strengthen supervision and inspection. The competent departments of environmental protection at all levels shall strengthen the
supervision and administration of the entities which import and process waste plastics and waste hardware and electric appliance,
and conduct regular inspections on their utilizing capacity, current situation and pollution prevention measures. The municipal departments
of environmental protection shall submit to the provincial ones the record of these entities, of their current situation of utilization
and the results of supervision and inspection on them, the summary of which shall then be submitted to the State Environmental Protection
Administration.

III.

To continue to combat forgery, falsification and reselling of import licence of solid waste at high profits

To ensure that imported waste is processed and utilized in entities which have legally obtained the import licence of solid waste,
the competent departments of environmental protection at all levels, especially those of coastal cities, shall strengthen the combat
against local illegal activities of forgery, falsification and reselling of import licence of solid waste at high profits in conjunction
with local competent departments of public security, customs and quality control. Those who are confirmed to have committed illegal
activities shall take responsibilities in accordance with the law and be made known to all by announcement.

Appendix:

1.

Record Form of Entities Importing Solid Waste as Raw Materials (For Trial Implementation)

2.

Record Form of Solid Waste Utilization as Raw Materials (For Trial Implementation)

General Office of the State Environmental Protection Administration

August 1, 2006



 
General Office of the State Environmental Protection Administration
2006-08-01

 







CIRCULAR OF SHANGHAI BRANCH OF THE PEOPLE’S BANK OF CHINA ON TRANSMITTING THE CIRCULAR OF THE PEOPLE’S BANK OF CHINA ON RAISING THE RATE OF RENMINBI DEPOSIT RESERVE

Circular of Shanghai Branch of the People’s Bank of China on Transmitting the “Circular of the People’s Bank of China on Raising the
Rate of Renminbi Deposit Reserve”

Shanghai Yin Fa [2006] No. 238

Bank of Shanghai, Shanghai Rural Commercial Bank, all finance corporations in Shanghai, all foreign-funded banks engaging in Renminbi
business in Shanghai,

We hereby transmit the “Circular of the People’s Bank of China on Raising the Rate of Renminbi Deposit Reserve” ([2006] No. 383) to
you, and relevant matters are expressed as follows. Please abide by and implement it strictly.

I.

As of November 15, 2006, the Bank of Shanghai, all finance corporations in Shanghai and all foreign-funded banks engaging in Renminbi
business in Shanghai shall execute the rate of Renminbi deposit reserve of 9%.

II.

Shanghai Rural Commercial Bank shall still execute the rate of Renminbi deposit reserve of 6% temporarily.

III.

All financial institutions shall, in light of the requirement of the present Circular, reasonably adjust your structure of assets
and liabilities, intensify liquidity management, and timely do a good job in depositing Renminbi deposit reserves as well as in submitting
relevant statements and materials.

Attachment: Circular of the People’s Bank of China on Raising the Rate of Renminbi Deposit Reserve (Yin Fa [2006] No. 383)

Shanghai Branch of the People’s Bank of China

November 3, 2006
Attachment:
Circular of the People’s Bank of China on Raising the Rate of Renminbi Deposit Reserve

Yin Fa [2006] No. 383

Shanghai Head Office, all branches, business management departments, central sub-branches in provincial capital cities and Shenzhen
central sub-branch of the People’s Bank of China, all policy banks, state-owned commercial banks and joint stock commercial banks,

With a view to intensifying the liquidity management of banking sector, reasonably control the aggregate amount of monetary credit,
the People’s Bank of China has decided upon the approval of the State Council to raise the rate of Renminbi deposit reserve as of
November 15, 2006. Hereby relevant matters are noticed as follows,

I.

The rate of deposit reserve of 8.5%, which is executed at present by the Agricultural Development Bank of China, state-owned commercial
banks, joint stock commercial banks, urban commercial banks, rural commercial banks, finance corporations, financial leasing companies
as well as relevant foreign-funded financial institutions, shall be changed into 9%.

II.

The rate of deposit reserve of 7.5%, which is executed at present by rural cooperative banks, shall be changed into 8%.

III.

The rate of deposit reserve of 7%, which is executed at present by urban credit cooperatives, shall be changed into 7.5%.

IV.

The rate of deposit reserve of 6%, which is executed at present by rural credit cooperatives, shall be changed into 6.5%.

V.

The rate of deposit reserve of 9%, which is executed at present by financial institutions as required by the differential rate of
deposit reserve system, shall be altered to 9.5%.

All relevant financial institutions shall, in light of the requirements of the present Circular, timely make relevant preparations,
reasonably adjust your structure of assets and liabilities and fulfill the liquidity arrangements. Shanghai Head Office, all branches
and sub-branches of the People’s Bank of China shall faithfully intensify the supervision on the liquidity conditions of the various
legal person depository financial institutions within your respective jurisdictions, and strengthen the management of deposit reserves
strictly according to relevant provisions, so as to guarantee the smooth going of this work. In the case of any major emergency,
a report shall be made to the Headquarters of the People’s Bank of China in time.

Shanghai Head Office, all branches and sub-branches of the People’s Bank of China are requested to forward the present Circular to
the urban commercial banks, rural commercial banks, rural cooperative banks, urban credit cooperatives, rural credit cooperatives,
finance corporations, financial leasehold companies and relevant foreign-funded financial institutions within your respective jurisdictions.

The People’s Bank of China

November 3, 2006



 
Shanghai Branch of the People’s Bank of China
2006-11-03

 







REGULATION ON THE IMPLEMENTATION OF THE COPYRIGHT LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The Ministry of Foreign Trade and Economic Cooperation

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

No.359

The Regulation on the Implementation of the Copyright Law of the People’s Republic of China is hereby promulgated for implementation
as of September 15, 2002.

Zhu Rongji, Premier of the State Council

August 2, 2002

Regulation on the Implementation of the Copyright Law of the People’s Republic of China

Article 1

The present Regulation has been enacted on the basis of the Copyright Law of the People’s Republic of China (hereafter “the Copyright
Law”).

Article 2

The term “works” used in the Copyright Law refers to original intellectual creations in the literary, artistic and scientific domain,
in so far as they are capable of being reproduced in a certain tangible form.

Article 3

The term “creation” mentioned in the Copyright Law refers to intellectual activities from which literary, artistic and scientific
works are directly resulted.

The making of arrangement and the provision of consultation, material means or supporting service, done for others in their creating
activities, shall not be deemed as acts of creating.

Article 4

Definitions of the following works mentioned in the Copyright Law and the present Regulation are:

(1)

Written works are works expressed in writing, such as novels, poems, pieces of prose and treatises;

(2)

Oral works are works, such as impromptu speeches, lectures and court debates, which are created in spoken language;

(3)

Musical works are works, with or without accompanying words, which can be sung or performed, such as songs and symphonies;

(4)

Dramatic works are works, such as dramas, operas and local art forms, which are created for stage performance;

(5)

Qu Yi works are works created mainly for performance in a way involving recitation, singing, or both, such as xiangsheng (cross talk),
kuaishu (clapper talk), dagu (story singing with the accompaniment of a small drum) and pingshu (story telling);

(6)

Choreographic works are works which express ideas and emotions by means of successive body movements, gestures and facial movements;

(7)

Acrobatic works are works which are expressed through shapes and acts of body and other skills, such as acrobatics, magic, circus,
etc.

(8)

Works of fine art are two- or three-dimensional works created in lines, colors or other medium which, when being viewed, impart esthetic
effects, such as paintings, works of calligraphy, sculptures, etc.;

(9)

Architectural works are works that are represented by buildings or forms of buildings and that, when viewed, could impart esthetic
effects;

(10)

Photographic works are the kind of artistic works created by recording the images of objective objects on light-sensitive materials
or other media with the aid of devices;

(11)

Cinematographic works and works created by methods similar to producing movies refer to those that are created by shooting on some
medium and that consist of a series of frames of images, with or without accompanying sound, and can be screened with the aid of
devices or transmitted by other means;

(12)

Works of drawing include engineering designs and product designs created for the purpose of constructions and productions and atlases
or sketch maps that show geographic phenomena or demonstrate the elements or structures of things;

(13)

Model works are three-dimensional works that are created in certain proportions according to the shapes and structures of objects
for the purpose of demonstration, experiment or observation, etc.

Article 5

Definitions of the following terms as mentioned in the Copyright Law and the present Regulation are:

(1)

News of current events refers to the mere report of facts or happenings conveyed by mass media including newspapers, periodicals
and radios and television stations, etc.;

(2)

Sound recordings are the recordings of any sounds performed or other sounds;

(3)

Video recordings are recordings of a series of related images or pictures, with or without accompanying sounds, other than cinematographic
works and works that are created by ways similar to shooting movies;

(4)

Producer of sound recordings refers to the original producer of the sound recordings;

(5)

Producer of video recordings refers to the original producer of the video recordings;

(6)

Performer refers to actors or acting entities or other persons who perform literary and artistic works.

Article 6

Copyright originates as of the day when the creation of a work is completed.

Article 7

The works of foreigners or stateless persons that are published for the first time without the territory of China as mentioned in
Article 2 , Paragraph 3 of the Copyright Law shall be subject to protection on the day when they are published for the first time.

Article 8

Where any of the works of any foreigner or stateless person is published within the territory of China within 30 days after being
published for the first time without the territory of China, it shall be deemed as being published within the territory of China
simultaneously.

Article 9

The copyright to co-authored works that cannot be used piecemeal shall be shared by the co-authors and exercised through negotiations.
Where an agreement fails and there is no good reason, no co-author may stop any other co-author from exercising his rights other
than assignment, but the gains acquired shall be shared by the co-authors in a reasonable way.

Article 10

Where the copyright owner has authorized the making of cinematographic works or works created in ways similar to shooting movies on
the basis of his or her work, it shall be implied that he or she has granted permission to make necessary alterations to his or her
work, in so far as such alteration does not distort or mutilate the original work.

Article 11

The term “work assignment” as used in Article 16 , Paragraph 1 of the Copyright Law concerning assignment works refers to the duties
that a citizen should fulfill for the legal person or organization.

The term “material and technical conditions” as mentioned in Article 16 , Paragraph 2 of the Copyright Law concerning assignment works
refers to the funds, equipments or materials specially provided by the legal person or organization for the citizen to complete the
creation of the work.

Article 12

The remunerations that the author obtains from a third party by permit him to use his assignment work in similar ways as the entity
uses it within two years after the work is completed and upon the consent of the entity where he works shall be shared by the entity
according to the proportion as agreed upon by the author and the entity.

The aforementioned 2 years’ period after the creation of the work shall be calculated from the date on which the work concerned is
submitted to the entity.

Article 13

In the case of a work of unknown authorship, the copyright thereof shall be exercised by the holder of the original copy of the work
except the right of authorship. After the authorship has been ascertained, the copyright shall be exercised by the author or the
heirs thereof.

Article 14

Where any of the coauthors dies and the copyright thereof as mentioned in Article 10 , Paragraph 1, Items 5 through 17 of the Copyright
Law which there is no one to inherit or to be bequeathed, it shall be enjoyed by other coauthors.

Article 15

The right of authorship, the right of revision and the right of keeping the integrity of the work shall, after the author dies, be
protected by the inheritor or bequeathed.

In the absence of inheritors or bequeathed, right of authorship, right of revision and right of keeping the integrity of the work
shall be protected by the copyright administrative authority.

Article 16

The copyright enjoyed by the State shall be enforced by the copyright administrative authority on behalf of the State.

Article 17

In the case of posthumous works, the right of publication may be exercised by the inheritor or the bequeathed within 50 years after
the author’s death if the author has not explicitly expressed that the work shall not be published. In the absence of any inheritor
of bequeathed, the said right may be exercised by the lawful holder of the original work.

Article 18

In the case of a work of unknown authorship, the term of protection of the rights as provided in Article 10 , Paragraph 1, Items 5
through 17 of the Copyright Law, shall be 50 years ending on December 31 of the fiftieth year after the first publication of the
work. The provisions of Article 21 of the Copyright Law shall be applicable after authorship of the work has been ascertained.

Article 19

When using other author’s work, the name of the author and the post_title of the work shall be specified unless it has been otherwise agreed
upon by the parties concerned or it cannot be specified due to the peculiarity of the way of use.

Article 20

The term “published work” as mentioned in the Copyright Law refers to a work which has been made known to the public by the holder
of copyright or by permission.

Article 21

According to the relevant provisions of the Copyright Law, the use of any published work for which it is permitted not to obtain the
permission of the holder of copyright shall not affect the normal use of the work, and shall not unreasonably impair the lawful rights
of the holder of copyright.

Article 22

The rate of royalties for the use of work in ways as provided in Articles 23, 32 (2), and 39 (3) of the Copyright Law shall be formulated
and promulgated by the administrative authority of copyright under the State Council in collaboration with the administrative authority
of price affairs under the State Council.

Article 23

For the use of other author’s work, agreements for permitted use of work shall be concluded with the holder of copyright. Where the
permitted use right is an exclusive one, the agreement shall be in writing, however, with the exception of the works published in
newspapers and magazines.

Article 24

The exclusive use as provided in Article 24 of the Copyright Law shall be subject to the stipulations of agreements. If it is not
stipulated or not clearly stipulated in any agreement, it shall be deemed that the party permitted shall have the right to exclude
any one including the holder of copyright to use the work in the same ways as he does. Unless it is otherwise stipulated in the contract,
the party permitted must obtain the permission of the holder of copyright before permitting any third party to exercise the same
right.

Article 25

The contracts concluded with the holder of copyright for the exclusive use or transfer of the work may be submitted to the administrative
authority of copyright for archivist purposes.

Article 26

The term “copyright-related rights” as mentioned in the Copyright Law and the present Regulation mean the right enjoyed by publishers
as to the format design of the books and magazines published thereby, the right enjoyed by performers as to their performances, the
right enjoyed by producers of audio and video recordings as to their products of audio-video recordings, and the rights enjoyed by
radio and television stations as to the programs in their broadcasts.

Article 27

The publishers, performers, producers of audio-video recordings, broadcasting and televisions stations shall not, in their exercise
of rights, infringe upon the rights of the holder of copyright to the works used and the original work.

Article 28

Where it is stipulated in the contract for publishing books that the publisher has the right to publication but such right is not
specified in detail, it shall be deemed that the publisher has the exclusive right to publish the original or revised versions of
the book in the same languages within the valid term of the contract and within the geographic areas as stipulated in the contract.

Article 29

Where two orders of the copyright holder sends to the publisher have not been performed within 6 months, it shall be deemed as the
sellout as mentioned in Article 31 of the Copyright Law.

Article 30

Where the holder of copyright announces that his work may not be reprinted or compiled in extracts according to Article 32 , Paragraph
2 of the Copyright Law, he shall make the announcement in the newspaper or magazine when the work is published.

Article 31

Where the holder of copyright announces that no audio recordings may be made to his work as pursuant to Article 39 , Paragraph 3 of
the Copyright Law, he shall make the announcement when the work is lawfully made into a product of audio recordings.

Article 32

According to the provisions of Articles 23, 32 (b), 39 (c) of the Copyright Law, for any use of the work of any other person, payment
of royalty shall be made to the holder of copyright within 2 months after the work is used.

Article 33

Performances of foreigners and stateless persons within the People’s Republic of China shall be subject to the protection of the Copyright
Law.

The right which a foreigner or stateless person enjoys in his performances according to the international treaties to which China
has acceded to shall be subject to the protection of the Copyright Law.

Article 34

The audio recordings produced or published by a foreigner or stateless person within the territory of the People’s Republic of China
shall be subject to the Copyright Law.

The rights that a foreigner or stateless person enjoys in the audio recordings he produces or publishes according to the international
treaties to which China has acceded to shall be subject to the Copyright Law.

Article 35

The rights that a foreign radio broadcasting station or television station enjoys in any of its programs according to the international
treaties to which China has acceded to shall be subject to the protection of the Copyright Law.

Article 36

For any of the tortious acts as mentioned in Article 47 of the Copyright Law which at the same time injures the social public good,
a fine of up to three times the illegal proceeds shall be imposed upon the tort-feasor by the administrative authority of copyright.
If it is not easy to calculate the illegal proceeds, a fine of up to 100,000 yuan may be imposed upon the tort-feasor.

Article 37

Any tortious act as mentioned in Article 47 of the Copyright Law that injures the social public good at the same time shall be investigated
and punished by the administrative authority of copyright under the local people’s government.

The administrative department of copyright under the State Council may investigate and punish a tortious act of national influence.

Article 38

The present Regulation shall enter into force as of September 15, 2002. The Regulation for the Implementation of the Copyright Law
of the People’s Republic of China which was ratified by the State Council on May 24, 1991 and promulgated by the State Copyright
Administration on May 30, 1991 shall be concurrently be repealed.



 
The Ministry of Foreign Trade and Economic Cooperation
2002-08-02

 







AMENDMENTS TO THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA

e00254,e03514,e03515

National People’s Congress

Announcement of the National People’s Congress of the People’s Republic of China

The Amendments to the Constitution of the People’s Republic of China, which were adopted at the Second Session of the Tenth National
People’s Congress of the People’s Republic of China on March 14,2004, are hereby promulgated and put into force.

The presidium of the Second Session of the Tenth National People’s Congress of the People’s Republic of China

March 14, 2004 in Beijing

Amendments to the Constitution of the People’s Republic of China

Article 18

The provision in paragraph 7 of the Preamble of the Constitution of “Under the guidance of Marxism-Leninism, Mao Zedong Thought and
Deng Xiaoping Theory” shall be modified as “Under the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and
the important thought of ‘Three Represents'”. The provision of “Along the road of building socialism with Chinese characteristics”
shall be modified as “Along the socialist road with Chinese characteristics”. And the provision of “and to promote the coordinated
development of material civilization, political civilization and spiritual civilization” shall be added right after the provision
of” to modernize industry, agriculture, national defense and science and technology step by step”. Accordingly, the whole paragraph
shall be modified as “Both the victory in China’s New-Democratic Revolution and the successes in its socialist cause have been achieved
by the Chinese people of all nationalities, under the leadership of the Communist Party of China and guidance of Marxism-Leninism
and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. China will be
in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist
modernization along the socialist road with Chinese characteristics. Under the leadership of the Communist Party of China and the
guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of ‘Three Represents’, the Chinese
people of all nationalities will continue to adhere to the people’s democratic dictatorship and the socialist road, persevere in
reform and opening to the outside world, steadily improve various socialist institutions, develop the socialist market economy, develop
socialist democracy, improve the socialist legal system and work hard and self-dependently to modernize the country’s industry, agriculture,
national defense and science and technology step by step, and to promote the coordinated development of material civilization, political
civilization and spiritual civilization to build China into a socialist country that is prosperous, powerful, democratic and culturally
advanced.”

Article 19

The provisions in the second sentence of paragraph 10 of the Preamble of “In the long years of revolution and construction, there
has been formed under the leadership of the Communist Party of China a broad patriotic united front that is composed of democratic
parties and people’s organizations, embracing all socialist working people, all patriots who support socialism and all patriots who
stand for reunification of the motherland. This united front will continue to be consolidated and developed.￿￿ shall be modified
as ” In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China
a broad patriotic united front that is composed of democratic parties and people’s organizations, embracing all socialist working
people, builders of the socialist cause, all patriots who support socialism and all patriots who stand for reunification of the motherland.
This united front will continue to be consolidated and developed.”

Article 20

The provisions in Paragraph 3, Article 10 of the Constitution of “The state may, for the public interest, take over land for its
use in accordance with the law.” shall be modified as “The state may, for the public interest, expropriate or take over land for
public use, and pay compensation in accordance with the law.”

Article 21

Paragraph 2, Article 11 of the Constitution: “The state protects the lawful rights and interests of the individual and private sectors
of the economy, and exercises guidance, supervision and control over the individual and private sectors of the economy.” shall be
modified as “The state protects the lawful rights and interests of the non-public sectors of the economy, including individual and
private sectors of the economy. The state encourages, supports and guides the development of the non-public sectors of the economy,
and exercises supervision and control over the non-public sectors according to law.”

Article 22

Article 13 of the Constitution: “The state protects the right of citizens to own lawfully earnings, savings, houses and other lawful
property.” and” The state protects by law the right of citizens to inherit private property” shall be modified as “The lawful private
property of citizens may not be encroached upon.” and ” The state protects by law the right of citizens to own private property and
the right to inherit private property.” and ” The state may, for the public interest, expropriate or take over private property of
citizens for public use, and pay compensation in accordance with the law.”

Article 23

One paragraph shall be added to Article 14 of the Constitution as paragraph 4, that is “The state establishes and improves the social
security system fitting in with the level of economic development.”

Article 24

One paragraph shall be added to Article 33 of the Constitution as paragraph 3, that is “The state respects and protects human rights.”
And paragraph 3 shall be changed into paragraph 4 accordingly.

Article 25

Paragraph 1, Article 59 of the Constitution: “The National People’s Congress is composed of deputies elected by the provinces, autonomous
regions, municipalities directly under the Central Government, and by the armed forces. All the minority ethnic groups are enpost_titled
to appropriate representation.” shall be modified as “The National People’s Congress is composed of deputies elected by the provinces,
autonomous regions, municipalities directly under the Central Government, and special administrative regions, as well as by the armed
forces. All the minority ethnic groups are enpost_titled to appropriate representation.”

Article 26

Item 20 of Article 67 of the Constitution concerning the authority of the Standing Committee of the National People’s Congress: “(20)
To decide on the enforcement of martial law throughout the country or in particular provinces, autonomous regions or municipalities
directly under the Central Government,” shall be modified as “(20) To decide on the declaration of the country as a whole or particular
provinces, autonomous regions or municipalities directly under the Central Government to be under a state of emergency”.

Article 27

Article 80 of the Constitution: “The President of the People’s Republic of China, in pursuance of the decisions of the National People’s
Congress and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councilors, Ministers
in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers state medals
and post_titles of honor; issues orders of special pardons; proclaims martial law; proclaims a state of war; and issues mobilization orders.”
shall be modified as :”The President of the People’s Republic of China, in pursuance of the decisions of the National People’s Congress
and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councilors, Ministers in
charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers state medals and
post_titles of honor; issues orders of special pardons; declares a state of emergency, declares a state of war, and issues a mobilization
order.”

Article 28

Article 81 of the Constitution: “The President of the People’s Republic of China receives foreign diplomatic envoys on behalf of
the People’s Republic of China and; in pursuance of the decisions of the Standing Committee of the National People’s Congress, appoints
or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign
states. ” shall be modified as “The President of the People’s Republic of China represents the People’s Republic of China in conducting
activities of national affairs and receiving foreign diplomatic representatives and; in pursuance of the decisions of the Standing
Committee of the National People’s Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates
treaties and important agreements concluded with foreign states.”

Article 29

Item 16 of Article 89 of the Constitution concerning the functions and powers of the State Council: “(16) To decide on the enforcement
of martial law in part regions of provinces, autonomous regions, and municipalities directly under the Central Government” shall
be modified as “(16) To decide by law to place parts of provinces, autonomous regions, and municipalities directly under the Central
Government under a state of emergency”.

Article 30

Article 98 of the Constitution: “The term of office of the people’s congresses of provinces, municipalities directly under the Central
Government, counties, cities and municipal districts is five years. The term of office of the people’s congresses of townships, ethnic
townships and towns is three years” shall be modified as “The term of office of local people’s congresses at various levels is five
years.”

Article 31

The post_title of Chapter IV of the Constitution: “The National Flag, the National Emblem and the Capital” shall be modified as “The National
Flag, the National Anthem, the National Emblem and the Capital”. One paragraph shall be added to Article 136 of the Constitution
as paragraph 2: “The national anthem of the People’s Republic of China is ‘March of the Volunteers’.”



 
National People’s Congress
2004-03-14

 







AGREEMENT BETWEEN THE PEOPLE’S REPUBLIC OF CHINA AND THE REPUBLIC OF TUNISIA CONCERNING THE RECIPROCAL ENCOURAGEMENT AND PROTECTION OF INVESTMENTS

AGREEMENT BETWEEN THE PEOPLE’S REPUBLIC OF CHINA AND THE REPUBLIC OF TUNISIA CONCERNING THE RECIPROCAL ENCOURAGEMENT AND PROTECTION
OF INVESTMENTS

The People’s Republic of China and the Republic of Tunisia (hereinafter referred to as the Contracting Parties).

Intending to create favourable conditions for investments by investors of one Contracting Party in the territory of the other Contracting
Party;

Recognizing that the reciprocal promotion and protection of such investments will be conducive to stimulating business initiative
of the investors and will increase prosperity in both States;

Desiring to intensify the economic co-operation of both States on the basis of equality and mutual benefits;

Have agreed as follows:

Article 1

Definitions

For the purpose of this Agreement:

(1)

The term “Investment” means every kind of asset invested by investors of one Contracting Party in the territory of the other Contracting
Party in accordance with the laws and regulations of the latter, and in particular, though not exclusively, includes:

(a)

movable and immovable property as well as other rights in rem, such as, mortgages, pledges and liens;

(b)

shares, stocks and any other kind of participation in companies;

(c)

claims to money or to any other performance having an economic value;

(d)

intellectual property rights, including copyrights, patents, trade marks, trade names, technological process, know-how and good will;

(e)

concessions conferred by law or under contract permitted by law, including concessions to search for, or exploit natural resources.

Any change in the form in which assets are invested shall not affect their character as investments, provided that such change is
not contrary to the laws and regulations of the host country.

(2)

The term “Investor” means:

(a)

any natural person who has the nationality of one Contracting Party in accordance with the laws and regulations of one Contracting
Party;

(b)

any legal person or economic entity incorporated or constituted under the laws and regulations of the Contracting Party, irrespective
of whether or not for profit and whether its liabilities are limited or not.

(3)

The term “Return” means the amounts yielded by investments, such as profits, dividends, interests, royalties or fees.

(4)

The term “Territory” means, as regards of each Contracting Party, the territory under its sovereignty including adjacent seas and
submarine areas and other seaside areas over which the Contracting Party exercises, in accordance with international law, sovereign
rights or jurisdiction.

Article 2

Promotion and Protection of Investment

(1)

Each Contracting Party shall encourage and create favourable conditions for investors of the other Contraction Party to make investments
in its territory and admit such investments in accordance with its laws and regulations.

(2)

Investments of the investors of either Contracting Party shall enjoy full protection and security in the territory of the other Contracting
Party.

(3)

Each Contracting Party shall ensure that the management, maintenance, use, enjoyment, or disposal of investment in its territory of
investors of the other Contracting Party, shall not in any way be impaired by any unreasonable or discriminatory measures.

Article 3

Treatment of Investment

(1)

Investments of investors of each Contracting Party shall at all time be accorded fair and equitable treatment in the territory of
the other Contracting Party.

(2)

Each Contacting Party shall accord to investments and investors of the other Contracting Party treatment no less favorable than that
accorded to investments and investors of any third State.

(3)

The provisions of Paragraph (2) of this Article shall not be construed so as to oblige one Contracting Party to extend to the investments
and investors of the other Contracting Party, the benefit of any treatment, preference or privilege by virtue of:

(a)

any existing or future customs union, common market, free trade zone or other similar international agreement to which either of the
Contracting Party is or may become a party, or any other form of regional economic organization;

(b)

any international agreement or arrangement relating wholly or mainly to taxation;

(c)

any international agreement or arrangement for facilitating frontier trade.

Article 4

Expropriation

(1)

Neither Contracting Party shall expropriate, nationalise or take other similar measures (hereinafter referred to as “expropriation”)
against the investments of the investors of the other Contracting Party in its territory, unless the following conditions are met:

(a)

for the public interests

(b)

under domestic legal procedure

(c)

without discrimination

(d)

against compensation

(2)

The compensation mentioned in Paragraph 1 of this Article shall be equivalent to the market value of the expropriated investments
immediately before the expropriation is taken or the impending expropriation becomes public knowledge, which is earlier. The value
shall be determined in accordance with generally recognized principles of valuation. The compensation shall be made without delay,
be effectively realisable and freely transferable.

(3)

The investor affected shall have a right to access, under the law of the Contracting Party making the expropriation, to the competent
court of that Contracting Party, in order to review the amount of compensation and the legality of any such expropriation.

Article 5

Compensation for Damages and Losses

(1)

Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war or
other armed conflict, a state of national emergency, revolt, insurrection or riot in the territory of the latter Contracting Party,
shall be accorded by the latter Contracting Party treatment, as regards restitution, indemnification, compensation or other settlement
no less favourable than that which the latter Contracting Party accords to the investors of its own or any third State. The compensation
shall be freely transferable.

Article 6

Repatriation of Investments and Returns

(1)

Each Contracting Party shall guarantee to the investors of the other Contracting Party the transfer of their investments and returns
held in its territory, particularly though not exclusively:

(a)

profits, dividends, interests and fees;

(b)

proceeds of total or partial sale or liquidation of investments;

(c)

payments made pursuant to loan agreement in connection with an investment;

(d)

royalties in connection with paragraph 1 (d) of Article 1 ;

(e)

payments of technical assistance;

(f)

payments in connection with projects on contract;

(g)

compensation paid under Article 4 and 5 of this agreement

(h)

earnings of nationals of the other Contracting Party who work in connection with an investment in the territory of one Contracting
Party in accordance with the laws and regulations of this latter.

(2)

The Contracting Parties shall further ensure that transfers referred to in paragraph 1 of this Article shall be made without undue
delay, in a freely convertible currency and at the prevailing market rate of exchange applicable on the date of transfer.

Article 7

Subrogation

If a Contracting Party or its Agency makes a payment to its investor in the territory of the other Contracting Party, such other Contracting
Party shall recognise the transfer of any right or claim of such investor to the former Contracting Party or its Agency, and recognise
the subrogation of the former Contracting Party or its Agency to such right or claim. The subrogated right or claim shall not be
greater than the original right or claim of the said investor.

Article 8

Settlement of Disputes between Contracting Parties

(1)

Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible,
be settled with consultation through diplomatic channel.

(2)

If a dispute cannot thus be settled within six months, it shall, upon the request of either Contracting Party, be submitted to an
ad hoc arbitral tribunal.

(3)

Such tribunal comprises of three arbitrators. Within two months from the date on which either Contracting Party receives the written
notice requesting arbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. Those two arbitrators
shall, within further two months, together select a third arbitrator who is a national of a third State having diplomatic relations
with both Contracting parties as Chairman of the arbitral tribunal.

(4)

If the arbitral tribunal has not been constituted within four months from the receipt of the written notice for arbitration, either
Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint
the arbitrator (s) who has or have not been appointed. If the President is a national of either Contracting Party or is otherwise
prevented from discharging the said function, the next most senior member of the International Court of Justice who is not a national
of either Contracting Party or is not otherwise prevented from discharging the said function shall be invited to make such necessary
appointments.

(5)

The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions
of this Agreement and the principles of international law recognised by both Contracting Parties.

(6)

The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Contracting Parties.
The ad hoc arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.

(7)

Each Contracting party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant
costs of the Chairman and tribunal shall be borne in equal parts by the Contracting Parties.

Article 9

Settlement of Disputes between investors

and one Contracting Party

(1)

Any dispute between a Contracting Party and an investor of the other Contracting Party, related to an investment, shall be as far
as possible settled amicably through negotiations.

(2)

If the dispute cannot be settled amicably through negotiations within six months from the date it has been raised by either party
to the dispute, it shall be submitted:

-to the competent court of the Contracting Party that is party to the dispute; or

-to the International Center for settlement of Investment Disputes (the Center) under the Convention on the Settlement of Disputes
between States and Nationals of Other States, done at Washington on March 18,1965;

Once the investor has submitted the dispute to the jurisdiction of the concerned Contraction Party or to the Center, the choice of
one of the two procedures shall be final.

Article 10

Other Obligations

(1)

If the provisions of law of either Contracting Party or obligations under international law existing at present or established hereafter
between the Contracting Parties in addition to this Agreement contain a regulation, whether general or specific, entitling investments
made by investors of the other Contracting Party to a treatment more favorable than is provided for by this Agreement, such provisions
shall prevail over this Agreement.

(2)

Each Contracting Party shall observe any commitments it may have entered into with the investors of the other Contracting Party as
regards to their investments.

(3)

Investments subject to the commitments mentioned in the previous Paragraph shall be governed, without prejudice to the provisions
of this Agreement, by the terms of those commitments insofar as their provisions are more favorable than those provided by this Agreement.

Article 11

Other Provision

Investors of one Contracting Party shall enjoy the most favored-nation treatment in the territory of the other Contracting Party in
respect of all the matters subject to this Agreement.

Article 12

Application

This Agreement shall apply to investments, which are made by investors of either Contracting Party in the territory of the other Contracting
Party after 8th of July in 1979 in the People’s Republic of China and after 1st January 1957 in the Republic of Tunisia. However
the Agreement shall not apply to any dispute concerning an investment which arose before its entry into force.

Article 13

Entry into force, Duration and Termination

(1)

This Agreement shall enter into force on the first day of the following month after the date on which both Contracting Parties have
notified to each other in writing that their respective internal legal procedures necessary for its entry into force have been fulfilled
and remain in force for a period of ten years.

(2)

This Agreement shall continue in force if either Contracting Party fails to give a written notice to the other Contracting Party to
terminate this Agreement one year before the expiration of the period specified in Paragraph 1 of this Article.

(3)

After the expiration of initial ten years period, either Contracting Party may at any time thereafter terminate this Agreement by
giving at least one year’s written notice to the other Contraction Party.

(4)

With respect to investments made prior to the date of termination of this Agreement, the provisions of Article 1 to 12 shall continue
to be effective for a further period of ten years from such date of termination.

In Witness Whereof the duly authorised representatives of their respective Governments, have signed this Agreement.

Done in duplicate at Tunisia on 21 June 2004 in the Chinese, Arabic and English languages, all texts being equally authentic. In case
of divergence of interpretation, the English text shall prevail.

For The People’s￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿For The Republic

Republic of China￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ of Tunisia

Protocol to the Agreement Between the People’s Republic of China and the Republic of Tunisia for the Reciprocal Encouragement and
Protection of Investments

On signing the Agreement between the People’s Republic of China and the Republic of Tunisia for the Reciprocal Encouragement and Protection
of Investments, the undersigned representatives have, in addition, agreed on the following provisions, which shall constitute an
integral part of the Agreement:

Ad article 6

Notwithstanding the provisions of paragraph 2 of Article 6 of the Agreement, the transfer shall comply with relevant procedures stipulated
by the existing laws and regulations relating to foreign exchange administration of the host country. Such procedures must not be
carried out in any way to impair or derogate from the principles of free and undue delayed transfer.

Ad article 9

1.

The Republic of Tunisia takes note of the statement that the People’s Republic of China requires that the investor concerned exhausts
the domestic administrative review procedure specified by the laws and regulations of the People’s Republic of China, before submission
of the dispute to international arbitration under Article 9 paragraph (2). The People’s Republic of China guarantees that such a
procedure will take a maximum period of three months.

2.

The procedure specified in paragraph 1 allows the investor to apply to the competent administrative authorities but in any way to
judicial authorities for settlement of the dispute.

3.

If the dispute still exists after the maximum period of the administrative procedures specified in paragraph 1, the investor may submit
the dispute to the competent court or to the International Center for Settlement of Investment Disputes for arbitration according
to article 9 paragraph (2) of the Agreement.

In Witness Whereof the duly authorised representatives of their respective Governments, have signed this Agreement.

Done in duplicate at Tunis on 21 June 2004 in the Chinese, Arabic and English languages, all texts being equally authentic. In case
of divergence of interpretation, the English text shall prevail.

For the People’s￿￿￿￿￿￿￿￿￿￿￿￿For the Republic

Republic of China￿￿￿￿￿￿￿￿￿￿of Tunisia

Mr. Wei Jinanguo￿￿￿￿￿￿￿￿￿￿Mme Saida Chtioi

Vice-Minister of￿￿￿￿￿￿￿￿￿￿￿￿Sec retaire d’Etat aupres du

Commerce￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿Ministre du AffairesEtrangeres



 
The Government of the People’s Republic of China
2004-06-21

 







ELECTORAL LAW OF THE NATIONAL PEOPLE’S CONGRESS AND LOCAL PEOPLE’S CONGRESSES OF THE PEOPLE’S REPUBLIC OF CHINA

Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China

(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, promulgated by Order No.2
of the Chairman of the Standing Committee of the National People’s Congress on July 4, 1979 and effective as of January 1, 1980;
amended for the first time in accordance with the Resolution on the Revision of Certain Provisions in the Electoral Law of the National
People’s Congress and Local People’s Congresses of the People’s Republic of China, adopted at the Fifth Session of the Fifth National
People’s Congress on December 10, 1982; amended for the second time in accordance with the Decision on the Revision of the Electoral
Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China, adopted at the 18th Meeting
of the Standing Committee of the Sixth National People’s Congress on December 2, 1986; amended for the third time in accordance with
the Decision Regarding Revision of the Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s
Republic of China, adopted at the 12th Meeting of the Standing Committee of the Eighth National People’s Congress on February 28,
1995; amended for the fourth time in accordance with the Decision on Amending the Electoral Law of the National People’s Congress
and Local People’s Congresses of the People’s Republic of China adopted at the 12th Meeting of the Standing Committee of the Tenth
National People’s Congress on October 27, 2004) 

Contents 

Chapter I    General Provisions 

Chapter II   Number of Deputies to the Local People’s Congresses at Various Levels 

Chapter III  Number of Deputies to the National People’s Congress 

Chapter IV   Elections Among Minority Nationalities 

Chapter V    Zoning of Electoral Districts 

Chapter VI   Registration of Voters 

Chapter VII  Nomination of Candidates for Deputies 

Chapter VIII Election Procedure 

Chapter IX   Supervision, Recall and By-Elections Held to Fill Vacancies 

Chapter X    Sanctions Against Disruption of Elections 

Chapter XI   Supplementary Provisions 

 

Chapter I 

General Provisions 

Article 1  The Electoral Law of the National People’s Congress and Local People’s Congresses is formulated in accordance with
the Constitution of the People’s Republic of China. 

Article 2  Deputies to the National People’s Congress and to the people’s congresses of provinces, autonomous regions, municipalities
directly under the Central Government, cities divided into districts, and autonomous prefectures shall be elected by the people’s
congresses at the next lower level. 

Deputies to the people’s congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships,
nationality townships, and towns shall be elected directly by their constituencies. 

Article 3  All citizens of the People’s Republic of China who have reached the age of 18 shall have the right to vote and stand
for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status
or length of residence. 

Persons who have been deprived of political rights according to law shall not have the right to vote and stand for election. 

Article 4  Each voter shall have the right to vote only once in an election. 

Article 5  Elections shall be conducted separately in the People’s Liberation Army, and the procedures for such elections shall
be formulated separately. 

Article 6  Among deputies to the National People’s Congress and local people’s congresses at various levels, there shall be
an appropriate number of women deputies, and the proportion thereof shall be raised gradually. 

The National People’s Congress and the local people’s congresses of the areas with a relatively large number of returned overseas
Chinese shall have an appropriate number of deputies who are returned overseas Chinese. 

Citizens of the People’s Republic of China who reside abroad but who are in China during the election of deputies to people’s congresses
at or below the county level may take part in such elections conducted in their ancestral home town or place of domicile before they
went abroad.  

Article 7  The Standing Committee of the National People’s Congress shall conduct the election of deputies to the National People’s
Congress. The standing committees of the people’s congresses of provinces, autonomous regions, municipalities directly under the
Central Government, cities divided into districts, and autonomous prefectures shall conduct the elections of deputies to the people’s
congresses at the corresponding levels.  

In cities divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns,
election committees shall be established to conduct the election of deputies to the people’s congresses at the corresponding levels.
The election committees of cities not divided into districts, municipal districts, counties and autonomous counties shall be under
the leadership of the standing committees of the people’s congresses at the corresponding levels. The election committees of townships,
nationality townships, and towns shall be under the leadership of the standing committees of the people’s congresses of cities not
divided into districts, municipal districts, counties and autonomous counties. 

The standing committees of the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government,
cities divided into districts, and autonomous prefectures shall direct the work of electing deputies to the people’s congresses at
or below the county level in their administrative areas. 

Article 8  Election funds for the National People’s Congress and the local people’s congresses at various levels shall be disbursed
by the State Treasury. 

Chapter II 

Number of Deputies to the Local People’s Congresses at Various Levels 

Article 9  The number of deputies to the local people’s congresses at various levels shall be determined in accordance with
the following provisions: 

(1) The base number of deputies to the people’s congress of a province, an autonomous region, or a municipality directly under the
Central Government is 350. For a province or an autonomous region, one more deputy may be added for every one hundred fifty thousand
people, and for a municipality directly under the Central Government, one more deputy may be added for every twenty-five thousand
people, however, the total number of its deputies shall not exceed 1,000. 

(2) The base number of deputies to the people’s congresses of a city divided into districts or an autonomous prefecture is 240. One
more deputy may be determined for every twenty-five thousand people; however, if the population of the city or autonomous prefecture
exceeds ten million, the total number of its deputies shall not exceed 650; 

(3) The base number of deputies to the people’s congresses of a county, an autonomous county, a city not divided into districts or
a municipal district is 120. One more deputy may be added for every five thousand people; however, if the population there exceeds
one million six hundred fifty thousand, the total number of deputies shall not exceed 450; if the population is less than fifty thousand
people, the total number of deputies may be less than 120; 

(4) The base number of deputies to the people’s congress of a township, a nationality township or a town is 40. One more deputy may
be added for every one thousand five hundred people; however, if the population of a township or a nationality township exceeds ninety
thousand, the total number of its deputies shall not exceed 100; if the population of a town exceeds one hundred thirty thousand,
its total number of its deputies shall not exceed 130; if the population of a township, a nationality township or a town is less
than two thousand, the total number of its deputies may be less than 40. 

The base number of deputies to a local people’s congress plus the number of deputies added according to the size of the local population
as stipulated in the preceding paragraph shall be the total number of deputies to the local people’s congress. 

The number of deputies to the people’s congresses of an autonomous region or a province where many minority nationalities live in
concentrated community may, upon decision of the Standing Committee of the National People’s Congress, be added by five percent.
The number of deputies to the people’s congress of a county, an autonomous county, a township or a nationality township where many
minority nationalities live in concentrated communities or people live in scattered groups may, upon decision of the standing committee
of the people’s congress of a province, an autonomous region, or a municipality directly under the Central Government, be added by
five percent of the total. 

Article 10  The specific number of deputies to the people’s congress of a province, an autonomous region, or a municipality
directly under the Central Government shall be determined by the Standing Committee of the National People’s Congress according to
this Law. The specific number of deputies to the people’s congress of a city divided into districts, an autonomous prefecture, or
a county shall be determined by the standing committee of the people’s congress of a province, an autonomous region, or a municipality
directly under the Central Government according to this Law and reported to the Standing Committee of the National People’s Congress
for the record. The specific number of deputies to the people’s congress at the township level shall be determined by the Standing
Committee of the people’s congress at the county level according to this Law and reported to the standing committee of the people’s
congress at the next higher level for the record. 

Article 11  Once the total number of deputies to a local people’s congress at any level is determined, it shall no longer be
changed. If the size of the population is changed considerably due to the change of the division in the administrative regions or
the construction of major projects or other reasons, the total number of deputies to the people’s congress at the corresponding level
shall be re-determined according to this Law. 

Article 12  The number of deputies to the people’s congresses of autonomous prefectures, counties and autonomous counties shall
be allocated by the standing committees of the people’s congresses at the corresponding levels, in accordance with the principle
that the number of people represented by each rural deputy is four times the number of people represented by each town deputy. Townships,
nationality townships, and towns with exceptionally small populations shall have at least one deputy in the people’s congresses of
their respective counties and autonomous counties. 

In the administrative areas of counties or autonomous counties which have towns with exceptionally large populations, or have enterprises
and institutions not under the leadership of the people’s governments at or below the county level whose workers and staff account
for a relatively large portion of the county’s total population, the ratio between the number of people represented by a rural deputy
and the number of people represented by a town deputy or a deputy of an enterprise or institution may, upon a decision made by the
standing committee of the people’s congress of the province, autonomous region, or municipality directly under the Central Government,
be smaller than four to one, even to the extent of one to one. 

Article 13  In municipalities directly under the Central Government, cities and municipal districts, the number of people represented
by a rural deputy shall be greater than the number of people represented by an urban deputy. 

Article 14  The number of deputies to the people’s congresses of provinces or autonomous regions shall be allocated by the standing
committees of the people’s congresses at the corresponding levels, in accordance with the principle that the number of people represented
by each rural deputy is four times the number of people represented by each urban deputy. 

Chapter III 

Number of Deputies to the National People’s Congress 

Article 15  Deputies to the National People’s Congress shall be elected by the people’s congresses of the provinces, autonomous
regions, and municipalities directly under the Central Government and by the People’s Liberation Army. 

The number of deputies to the National People’s Congress shall not exceed 3,000. The allocation of the number of deputies shall be
decided by the Standing Committee of the National People’s Congress in accordance with existing conditions. 

The number of deputies to the National People’s Congress to be elected by the Hong Kong Special Administrative Region and the Macao
Special Administrative Region and the methods for their elections shall be prescribed separately by the National People’s Congress. 

Article 16  The number of deputies to the National People’s Congress to be elected by the provinces, autonomous regions, and
municipalities directly under the Central Government shall be allocated by the Standing Committee of the National People’s Congress
in accordance with the principle that the number of people represented by each rural deputy is four times the number of people represented
by each urban deputy. 

    Article 17  The number of deputies to the National People’s Congress to be elected by minority nationalities shall
be allocated by the Standing Committee of the National People’s Congress, in the light of the population and distribution of each
minority nationality, to the people’s congresses of the various provinces, autonomous regions, and municipalities directly under
the Central Government, which shall elect them accordingly. Nationalities with exceptionally small populations shall each have at
least one deputy. 

Chapter IV 

Elections Among Minority Nationalities 

Article 18  In areas where minority nationalities live in concentrated communities, each minority nationality shall have its
deputy or deputies sit in the local people’s congress. 

Where the total population of a minority nationality in such an area exceeds 30 percent of the total local population, the number
of people represented by each deputy of that minority nationality shall be equal to the number of people represented by each of the
other deputies to the local people’s congress. 

Where the total population of a minority nationality in such an area is less than 15 percent of the total local population, the number
of people represented by each deputy of that minority nationality may be appropriately smaller, but shall not be less than half the
number of people represented by each of the other deputies to the local people’s congress. In autonomous counties where the population
of the minority nationality practising regional autonomy is exceptionally small, the number of people represented by each deputy
of this minority nationality may, upon a decision made by the standing committee of the people’s congress of the province or autonomous
region, be less than half the number of people represented by each of the other deputies. Other nationalities with exceptionally
small populations living in concentrated communities shall each have at least one deputy. 

Where the total population of a minority nationality in such an area accounts for not less than 15 percent and not more than 30 percent
of the total local population, the number of people represented by each deputy of that minority nationality may be appropriately
smaller than the number of people represented by each of the other deputies to the local people’s congress, but the allocated number
of deputies to be elected by that  minority nationality shall not exceed 30 percent of the total number of deputies. 

Article 19  In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships,
and towns where a certain minority nationality lives in a concentrated community, the provisions of Article 18 of this Law shall
be applicable to the election to the local people’s congresses of deputies of other minority nationalities and the Han nationality
also living in concentrated communities in such areas. 

Article 20  With respect to minority nationalities living in scattered groups, the number of people represented by each of their
deputies to the local people’s congresses may be less than the number of people represented by each of the other deputies to such
congresses. 

In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships, and towns where a
certain minority nationality lives in a concentrated community, the provisions of the preceding paragraph shall be applicable to
the election to the local people’s congresses of deputies of other minority nationalities and the Han nationality living in scattered
groups in such areas. 

Article 21  In cities not divided into districts, municipal districts, counties, townships, nationality townships, and towns
where various minority nationalities live in concentrated communities, the minority nationality electorates may vote separately or
jointly in the election of deputies to the local people’s congress, depending on the relations between the nationalities, and their
residential situation in such areas. 

In autonomous counties and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated
community, the provisions of the preceding paragraph shall be applicable to the election to the respective people’s congresses of
deputies of other minority nationalities and the Han nationality living in such areas.  

Article 22  The electoral documents, roll of voters, voter registration cards, list of candidates for deputies, deputies’ election
certificates and election committee seals made or published by autonomous regions, autonomous prefectures and autonomous counties
shall be in the written languages of the nationalities commonly used in the locality. 

Article 23  Other matters concerning elections among minority nationalities shall be handled with reference to the provisions
of the relevant articles of this Law. 

Chapter V 

Zoning of Electoral Districts 

Article 24  The number of deputies to the people’s congresses in cities not divided into districts, municipal districts, counties,
autonomous counties, townships, nationality townships, and towns shall be allocated to the electoral districts, and elections shall
be held in the electoral districts. The zoning of electoral districts may be decided according to the voters’ residence or on the
basis of production units, institutions and work units. 

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

Article 25  The number of people represented by each deputy from an urban electoral district shall be generally the same. The
number of people represented by each deputy from a rural electoral district shall be generally the same. 

     

Chapter VI 

Registration of Voters 

Article 26  The registration of voters shall be conducted on the basis of electoral districts, and the voters’ qualifications
confirmed through registration shall have long-term validity. Prior to each election, voters who have reached the age of 18 since
the last registration of voters or who have had their political rights restored after a period of deprivation of political rights
has expired, shall be registered. Voters who have moved out of the electoral districts where they originally registered shall be
included in the roll of voters in the electoral districts to which they have newly moved; those who are deceased or have been deprived
of political rights according to law shall be removed from the roll. 

Citizens who suffer from mental illness and are incapable of exercising their electoral rights shall, upon determination by the election
committee, not be included in the roll of voters. 

Article 27  The roll of voters shall be made public 20 days prior to the date of election. and voter registration cards shall
be issued.  Where voters take part in elections and cast their votes on the strength of their voter registration cards, they
shall be issued voter registration cards. 

Article 28  Anyone who has an objection to the roll of voters may appeal to the election committee. The election committee shall
make a decision on the appeal within three days. If the appellant is not satisfied with the decision, he may bring a suit in the
people’s court at least five days prior to the date of election, and the people’s court shall make a judgment before the date of
election. The judgment of the people’s court shall be final. 

Chapter VII 

Nomination of Candidates for Deputies 

Article 29  Candidates for deputies to the national and local people’s congresses shall be nominated on the basis of electoral
districts or electoral units. 

Political parties and people’s organizations may either jointly or separately recommend candidates for deputies. A joint group of
at least ten voters or deputies may also recommend candidates. Those who submit recommendations shall inform the election committee
or the presidium of the congress of their candidates’ backgrounds. 

Article 30  The number of candidates for deputies to the national and local people’s congresses shall be greater than the number
of deputies to be elected. 

The number of candidates for deputies to be directly elected by the voters shall be from one third to 100 percent greater than the
number of deputies to be elected; the number of candidates for deputies to be elected by various local people’s congresses to the
people’s congresses at the next higher level shall be 20 to 50 percent greater than the number of deputies to be elected. 

Article 31  Candidates for deputies to the people’s congresses to be directly elected by the voters shall be nominated by the
voters in the various electoral districts and by the various political parties and people’s organizations. The election committee
shall, 15 days prior to the date of election, collect and publish the list of nominees and submit it to voter groups in the respective
electoral districts for discussion and consultation to determine the list of full candidates. If the number of nominated candidates
exceeds the maximum percentage for competitive election as specified in Article 30, the election committee shall submit the list
of candidates to voter groups for discussion and consultation, and the list of full candidates shall be determined according to the
opinions of the majority of voters; if a relative consensus cannot be reached on full candidates for deputies, a preliminary election
shall be conducted and the list of full candidates shall be determined by the order of the number of  

votes that the nominees have obtained in the preliminary election. The list of full candidates shall be made public five days prior
to the date of election. 

When a local people’s congress at or above the county level is to elect deputies to a people’s congress at the next higher level,
the time for nominating and deliberating candidates for such deputies shall not be less than two days. The presidium of the people’s
congress at the said level shall print and distribute the list of the candidates nominated according to law to all the deputies for
deliberation and discussion. If the number of the nominees conforms to the proportion for competitive election as provided in Article
30 of this Law, balloting competitive election shall be held directly. If the number of the nominees exceeds the maximum proportion
for competitive election as provided by Article 30 of this Law, preliminary election shall be held. By the order of the number of
votes that the nominees have obtained in the preliminary election, a formal list of candidates shall be determined in agreement with
the specific proportion for competitive election as it contained in the measures of election  

adopted by the people’s congress at that level in accordance with this Law, and then balloting shall be held.  

Article 32  When a local people’s congress at or above the county level is to elect deputies to the people’s congress at the
next higher level, the nominees for deputies shall not be limited to the current deputies to the lower people’s congress. 

Article 33  The election committee or the presidium of the people’s congress shall brief voters or deputies on the candidates
for deputies. Political parties, people’s organizations, voters and deputies that have nominated candidates for deputies may brief
voters on those candidates at group meetings of voters or deputies. The election committee may arrange for the candidates to meet
with voters and to answer their questions. However, such briefings must stop on the day of election. 

Chapter VIII 

Election Procedure 

Article 34  Where voters directly elect deputies to a people’s congress, they shall, as prescribed by the election committee,
be issued ballots on the strength of their identification cards or voter registration cards. In each electoral district, polling
stations shall be set up, mobile polling boxes provided or election meetings held for the election. Balloting shall be presided over
by the election committee. 

Article 35  Where a local people’s congress at or above the county level is to elect deputies to the people’s congress at the
next higher level, the election shall be presided over by the presidium of the lower people’s congress. 

Article 36  The election of deputies to the national and local people’s congresses shall be by secret ballot. 

If a voter is illiterate or handicapped and is therefore unable to write his ballot, he may entrust another person to write it for
him. 

Article 37  A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.  

Article 38  A voter who is absent from his electoral district during the time of an election may, with the approval of the election
committee and by written authorization, entrust another voter with a proxy vote. A voter shall not stand proxy for more than three
persons. 

Article 39  When balloting has been concluded, scrutineers and vote-counters elected by the voters or deputies, and members
of the election committee or members of the presidium of the people’s congress shall check the number of people who voted against
the number of votes cast and make a record of it; the record shall be signed by the scrutineers. 

Article 40  An election shall be null and void if the number of votes cast is greater than the number of people who voted, and
it shall be valid if the number of votes cast is less than the number of people who voted. 

A ballot shall be null and void if more candidates are voted for than the number of deputies to be elected, and it shall be valid
if fewer candidates are voted for than the number of deputies to be elected. 

Article 41  In a direct election of deputies to the people’s congresses, the election shall be valid, if more than half of all
the voters in an electoral district cast their votes. Candidates for deputies shall be elected only if they have obtained more than
half of the votes cast by the voters that take part in the election. 

When a local people’s congress at or above the county level is to elect deputies to a people’s congress at the next higher level,
candidates for deputies shall be elected only if they have obtained more than half of the votes of all the deputies. 

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

If the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected,
another election shall be held to make up the difference. When another election is held, the name list of candidates shall, by order
of the number of votes they have obtained in the first balloting, be determined in accordance with the proportion for competitive
election as provided in Article 30 of this Law. If only one deputy is to be elected, the number of candidates shall be two. 

When another election is held to elect deputies to the people’s congress at the county or township level in accordance with the provisions
in the preceding paragraph, the candidates who have obtained more votes than the others shall be elected; however, the number of
the votes they have obtained shall not be less than one-third of the votes cast. When another election is held by the local people’s
congress at or above the county level to elect deputies to the people’s congress at the next higher level, the candidates shall be
elected only when they have obtained a majority vote of all the deputies. 

Article 42  The election committee or the presidium of the people’s congress shall determine, in accordance with this Law, whether
or not the result of an election is valid and shall announce it accordingly. 

Chapter IX 

Supervision, Recall and By-Elections Held to Fill Vacancies 

   

Article 43  All deputies to the national and local people’s congresses shall be subject to the supervision of the voters and
the electoral units which elect them. Both the voters and electoral units shall have the right to recall the deputies they e

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...