Facebook
Home Uncategorized Page 14

Uncategorized

CIRCULAR OF THE MINISTRY OF COMMERCE ON ENTRUSTING GUANGZHOU ECONOMIC-TECHNOLOGICAL AREA TO EXAMINE, APPROVE AND ADMINISTER THE RELEVANT WORK ON FOREIGN-INVESTED ENTERPRISES IN SOME SERVICE TRADE SECTORS

Circular of the Ministry of Commerce on Entrusting Guangzhou Economic-Technological Area to Examine, Approve and Administer the Relevant
Work on Foreign-invested Enterprises in Some Service Trade Sectors

Shang Zi Han [2007] No. 11

Guangzhou Municipal People’s Government and Guangzhou Economic-Technological Area,

Pursuant to Some Opinions on Further Promoting the Development Level of National Economic and Technical Development Zones (Guo Ban
Fa [2005] No. 15) as forwarded by the General Office of the State Council to the Ministry of Commerce, the Ministry of Land and Resources
and the Ministry of Construction as well as the provisions of the Ministry of Commerce on the authorized examination, approval and
administration of foreign-funded enterprises, the Ministry of Commerce has finished the archival filing, examination and approval
of the management systems of all the national economic and technological development zones and the connected network for examination
and approval of foreign capital. The related matters are hereby notified as follows:

1.

Upon research, we hereby authorize the Management Committee of Guangzhou Economic-Technological Area to be responsible for examining,
approving and administrating the foreign-funded enterprises in related service trade sectors set up inside its zone for the purpose
of encouraging and supporting the national economic and technological development zones to vigorously develop the high value-added
service industries.

2.

The Management Committee of Guangzhou Economic-Technological Area shall, in strict accordance with the laws and regulations on foreign
investments as well as the related provisions on foreign-funded enterprises of non-vessel shipping, construction, printing, construction
engineering design, road transport, commerce and international freight forwarding (see appendix), carefully examine and approve the
related foreign-funded enterprises set up within its zone, and report the related problems found in the work to the Ministry of Commerce
in a timely manner. The Ministry of Commerce shall implement the inspection of the aforesaid examination, approval and administration,
and cancel the authorization to a national economic and technological development zone which commits illegal examination and approval
during the course of authorization.

3.

The Management Committee of Guangzhou Economic-Technological Area shall conduct a good job in examination and approval, archival filing
and statistical work in strict accordance with the requirements of the Ministry of Commerce for networking and online joint annual
inspection and by taking advantage of the networking certification system for foreign-funded enterprises. The related statistical
data shall be in line with the requirements so that the Ministry of Commerce can keep informed of the situation and strengthen supervision.

4.

Guangzhou Economic-Technological Area, the management system of which needs to be improved, has not set up an independent finance
department yet. Guangzhou Economic-Technological Area shall keep a close eye on and further resolve the problems in the management
system, keep a concise and efficient management system, and improve the level for examining, approving and administrating the foreign-funded
enterprises. Where any management system problem that may affect the work on examining, approving and administrating the foreign-funded
enterprises is found, this Ministry will withdraw the authorized power of examination, approval and administration immediately.

5.

This circular shall enter into force as of the promulgation date.

Ministry of Commerce

February 12, 2007
Appendix:
Related documents on entrusting the competent provincial departments of commerce to examine, approve and Administer foreign-funded
service trade Enterprises

1.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Foreign-funded
Non-vessel Shipping Enterprises (Shang Zi Han [2005] No. 89)

2.

Circular of the Ministry of Commerce on Entrusting the Provincial Administrative Departments of Commerce to Examine, Approve and Administer
the foreign-funded Construction Enterprises (Shang Zi Han [2005] No. 90)

3.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and
Administer the Foreign-funded Printing Enterprises (Shang Zi Han [2005] No. 91)

4.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and
Administer the Foreign-funded Designing Enterprises for Engineering Projects (Shang Zi Han [2005] No. 92)

5.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Some Foreign-funded
Road Transport Enterprises (Shang Zi Han [2005] No. 93)

6.

Circular of the Ministry of Commerce on Entrusting Local Departments to Check Foreign-funded Commercial Enterprises (Shang Zi Han
[2005] No. 94)

7.

Circular of the Ministry of Commerce about the related Issues on Entrusting National Economic and Technical Development Zones to Examine
and Approve foreign-funded Commercial Enterprises and International Freight Forwarding Enterprises (Shang Zi Han [2005] No. 102)

8.

Measures for the Administration of Foreign-funded International Freight Forwarding Enterprises (Decree No. 19, 2005 of the Ministry
of Commerce)



 
Ministry of Commerce
2007-02-12

 






REPLY OF THE SUPREME PEOPLE’S COURT ON WHETHER OR NOT SHALL THE PEOPLE’S COURT ACCEPT THE DISPUTES CONCERNING THE AGREEMENT ON THE TRANSFER OF POLICY FINANCIAL ASSETS BETWEEN FINANCIAL ASSET MANAGEMENT COMPANIES AND STATE-OWNED COMMERCIAL BANKS

Reply of the Supreme People’s Court on Whether or Not Shall the People’s Court Accept the Disputes Concerning the Agreement on the
Transfer of Policy Financial Assets between Financial Asset Management Companies and State-owned Commercial Banks

Min Er Ta Zi [2004] No. 25
February 4, 2004

The higher People’s Court of Hubei Province,

We have received your Request for Instructions on the Law Application to the Appeal of Disputes Concerning the Credit Transfer Contract
between Hankou Sub-branch Wuhan City of the Agricultural Bank of China and Wuhan Office of China Great Wall Asset Management Company
(E Gao Fa [2004] No. 378). Upon deliberation, we hereby render our reply as follows:

The takeover of non-performing assets of state-owned commercial banks by the financial asset management company is done according
to the related state policies, and is of the nature of the appropriation of sate-owned assets in light of the instructions of the
government. The people’s court may not accept the cases concerning the dispute between financial asset management companies and state-owned
commercial banks over the alienation of policy financial assets. We agree to the second opinion of the judicial committee of your
court.



 
The Supreme People’s Court
2004-02-04

 






NOTICE OF THE STATE COUNCIL ON ADJUSTING THE PROPORTIONS OF REGISTERED CAPITAL IN FIXED ASSET INVESTMENT PROJECTS OF SOME INDUSTRIES

the State Council on Adjusting

Notice of the State Council on Adjusting the Proportions of Registered Capital in Fixed Asset Investment Projects of Some Industries

No. 13[2004] of the State Council

April 26, 2004

Since this year, the national economy has been maintaining a favorable momentum, the reform and opening has been further carried forward
steadily and the social undertakings have been developed in an all-around way. At the same time, those outstanding conflicts existing
in the economic operation have become increasingly apparent, which are embodied in such aspects as the over-increase in investment,
too many newly started projects, the under-construction scale being too large, and the irrational investment structure. There exists
blind investment in industries of steel, electrolytic aluminum and cement, there is serious phenomenon of low-quality repeated construction,
the increase rate of development and investment of real estate is too high and the development capital is excessively dependent on
bank loans. In order to strengthen the macro regulation, adjust and optimize the economic structure and promote a sound development
of the aforesaid industries, the State Council has decided to adjust the proportions of capital money of construction projects in
industries of steel, electrolytic aluminum, cement and real estate development as prescribed in the Notice of the State Council on
Piloting the System of Registered Capital on Fixed Asset Investment Projects (No. 35 [1996] of the State Council): (1) The proportion
of capital money of steel projects shall be raised from 25% or more to 40% or more; (2) The proportion of registered capital of projects
of cement, electrolytic aluminum and real estate development (excluding projects of affordable houses) shall be raised from 20% or
more to 35% or more.

The relevant provisions of this Notice shall go into effect as of the date of promulgation.



 
the State Council on Adjusting
2004-04-26

 






MEASURES FOR THE ADMINISTRATION OF SHORT-TERM FINANCING BILLS OF SECURITIES COMPANIES

the People’s Bank of China

Announcement of the People’s Bank of China

No. 12

For the purpose of promoting further development of money market and expanding the financing channels of securities companies, the
Measures for the Administration of Short-term Financing Bills of Securities Companies, which were formulated by the People’s Bank
of China in consultation with the China Securities Regulatory Commission and the China Banking Regulatory Commission, are hereby
promulgated and shall come into force as of November 1st, 2004.

the People’s Bank of China

October 18, 2004

Measures for the Administration of Short-term Financing Bills of Securities Companies

Chapter I General Provisions

Article 1

The present Measures are formulated according to the Law of the People’s Republic of China on the People’s Bank of China in order
to further promote development of the money market, expand financing channels of securities companies, regulate the issuance and
trading of short-term financing bills of securities companies and protect the legitimate rights and interests of the investors of
short-term financing bills.

Article 2

The “short-term financing bills of securities companies”(hereinafter referred to as “short-term financing bills”) as referred to in
the present Measures shall mean the financial bond issued by securities companies in the inter-bank bond market for the purpose of
short-term financing and for which both parties agree to repay both the principal and the corresponding interests within a time limit.

Article 3

The issuance and trading of short-term financing bills of securities companies shall be subject to the supervision and administration
of the People’s Bank of China.

Article 4

The People’s Bank of China shall authorize the National Inter-bank Funding Center (hereinafter referred to as the Inter-bank Funding
Center) to, through the electronic information system of the Inter-bank Financing Center, publicize the supervisory opinions of China
Securities Regulatory Commission (hereinafter referred to as the CSRC) on whether or not an issuer of short-term financing bills
meets the basic conditions for issuing short-term financing bills.

Article 5

The short-term financing bills of securities companies shall be issued and traded only in the inter-bank bond market.

Article 6

The issuance and trading of short-term financing bills of securities companies shall follow the principles of fairness, good faith
and self-discipline.

Every investor of short-term financing bills shall meet the requirements of prudent supervision of its own supervisory department
and be of the capability of identifying, judging and assuming risks. The risks of short-term financing bills shall be assumed by
the investor itself.

Article 7

The securities company issuing short-term financing bills shall repay the principal and interests on schedule.

Article 8

The securities company issuing short-term financing bills shall truly, exactly, completely and timely disclose the information according
to provisions of the present Measures.

Chapter II Issuance

Article 9

The securities company applying for issuing short-term financing bills shall meet the following fundamental conditions and obtain
approval from the CSRC:

(1)

Having acquired the membership of the National Inter-bank Funding Center for more than one year;

(2)

The issuer has, according to unified requirements of the norms, disclosed its detailed accounting information in the National Inter-bank
Funding Center for more than one year, and has no record of violation of information disclosure in the recent year;

(3)

The storage and management of transaction settlement funds of customers shall accord with the provisions of the CSRC, and the transaction
settlement funds of customers have not been embezzled during the recent year;

(4)

It should have a sound system of internal control and strictly separating administration of the entrusted businesses and the self-management
businesses thereof; there is a middle office to supervise and control the operational risks over front and back offices, and there
is no significant violation of laws and regulations during the last two years;

(5)

The method of market value shall be applied to evaluate the assets and debts, and a reasonable method shall be used to evaluate the
risks of stocks; and

(6)

Other conditions as provided for by the People’s Bank of China or the CSRC.

Article 10

The securities company with the competency to issue short-term financing bills approved by the CSRC shall submit the following materials
to the People’s Bank of China for archival filing if it plans to issue short-term financing bills in an inter-bank bond market:

(1)

A photocopy of the approval documents to become a membership of the National Inter-bank Funding Market;

(2)

A photocopy of the announcement of relevant information disclosure published by the Inter-bank Funding Center;

(3)

A photocopy of confirmation documents by the CSRC of the competency to issue short-term financing bills; and

(4)

Other documents required to be submitted by the People’s Bank of China.

The People’s Bank of China shall, within 10 working days from accepting the required materials for archival filing, confirm the receipt
of such materials in the form of a written archival filing notice and set the upper limit of short-term financing bills issued by
the securities company.

Article 11

A securities company that is to issue short-term financing bills shall designate a capital and credit rating institution to make credit
rating on it.

Article 12

A securities company that issues short-term financing bills shall, according to the related provisions, formulate relevant operation
rules, and establish and improve the systems of risk management and internal control.

Article 13

A securities company shall adopt the balance management system on the issuance of short-term financing bills, and the balance of short-term
financing bills to be repaid shall not exceed 60 per cent of its net capital. Within such limit, the securities company shall freely
confirm its issuance scale of short-term financing bills.

The People’s Bank of China shall regulate the upper limit of an issuer’s balance of short-term financing bills once every 6 months
pursuant to the information concerning the securities company’s net capital as provided by the CSRC, and announce the upper limit
of the balance in the national inter-bank bond market.

The People’s Bank of China shall be enpost_titled to regulating the upper limit of the ratio between the securities company’s balance of
short-term financing bills and its net capital in light of the market performance and the issuer’s situation.

Article 14

The maximum time limit of a short-term financing bill shall be 91 days. The securities companies that issue short-term financing bills
may freely determine the terms of their short-term financing bills within the said maximum time limit.

The People’s Bank of China shall be enpost_titled to regulating the upper limit of the time limit of short-term financing bills pursuant
to the market performance.

Article 15

The issuing period of short-term financing bills shall not exceed 3 working days, which starts from the bidding day of short-term
financing bills to the day when the relationship of debtor-creditor is established.

Article 16

The issuance of short-term financing bills shall be in the form of auction, and the interest rate or price of issuance shall be freely
determined by the two parties.

Article 17

The People’s Bank of China shall authorize the China Government Securities Depository Trust & Clearing Co., Ltd. (hereinafter referred
to as the CGSDTC) to be responsible for setting the issuing period of short-term financing bills. Prior to each issuance, the securities
company shall apply for setting the issuing period to the CGSDTC, which shall arrange for the issuance according to the sequence
of applications of securities companies. The application materials for issuing period shall include, but not be limited to the following
items:

(1)

a written notice of archival filing of the People’s Bank of China;

(2)

the scale of the planned issuance of short-term financing bills;

(3)

the time limit of the planned issuance of short-term financing bills;

(4)

the method to determine the interest rate of the planned issuance of short-term financing bills;

(5)

the balance of short-term financing bills to be repaid and its detailed information; and

(6)

other items as required by the People’s Bank of China.

The CGSDTC shall, within 2 working days from acceptance of the application documents according with the provisions of this Article,
determine the date of issuance and notify the issuer of it.

Article 18

The issuer shall publish a collecting prospectus for the current issuance of short-term financing bills through the China bond website
(www.chinabond.com.cn/) within 3 working days as of the date of issuance as determined by the CGSDTC. Written legal opinions shall
be issued by a law office for the prospectus, which shall have specific and clear contents, and shall explicitly stipulate the rights
and obligations of the parties of the short-term financing bills. The prospectus shall include, but not be limited to the following
items:

(1)

the basic information of the issuer;

(2)

the scale and time limit of short-term financing bills to be issued and the method adopted to determine the interest rate;

(3)

the guarantee situation of short-term financing bills to be issued;

(4)

the issuing period;

(5)

the time and form of repayment of the principal and interests;

(6)

liabilities of the issuer for breach of the contract;

(7)

objects of issuance;

(8)

points of attention regarding investment risks; and

(9)

other items as required to be published by the People’s Bank of China.

Article 19

After finishing the issuance of short-term financing bills, the issuer shall announce to the market such information as the actual
scale, actual interest rate and the time limit of issuance through China bond website (www.chinabond.com.cn/) within the first working
day following the day of registering the credits and debts. The CGSDTC shall summarize the issuance announcements regularly and report
the circumstances of issuance of short-term financing bills to the People’s Bank of China.

Article 20

No securities company may use the funds raised through issuing short-term financing bills for the following purposes:

(1)

making fixed asset investment and establishing network stations for business;

(2)

making investment in the secondary stock market;

(3)

providing financing for the securities trading of any client;

(4)

making long-term equity investment; or

(5)

any other uses as prohibited by the People’s Bank of China.

Chapter III Trading, Trusteeship, Settlement and Redemption

Article 21

The short-term financing bills may be traded in the national inter-bank bond market according to the Measures for Administration of
Bond Trading in the National Inter-bank Bond Market. The short-term financing bills may circulate and be transferred from the next
working day following the day of registering the credits and debts. The trading of short-term financing bills shall be carried out
through the electronic trading system of the Inter-bank Funding Center.

Article 22

The short-term financing bills shall be registered, entrusted and settled in the form of bookkeeping at the CGSDTC.

Article 23

The issuer shall cash the principal and interests of short-term financing bills on schedule in light of the stipulations of announcement
of issuance and shall not alter the date of redemption without permission.

Article 24

The deadline for transferring the ownership of short-term financing bills shall be 3 working days prior to their maturity. The issuer
shall transfer the full amount of principal and interests of short-term financing bills to be redeemed to an account specified by
the CGSDTC on the day when the short-term financing bills expire (extended if falling on holidays), and the CGSDTC shall pay the
principal and interests to the investors of short-term financing bills.

Article 25

In case the issuer fails to transfer the full amount of principal and interests of short-term financing bills to the account specified
by the CGSDTC on schedule, the CGSDTC shall announce such failure to investors through the China money website (www.chinamoney.com.cn)
and the China bond website (www.chinabond.com.cn/) at the end of the day when the short-term financing bills expire.

Chapter IV Information Disclosure

Article 26

The securities company, which issues short-term financing bills, shall be obliged to disclose information to the inter-bank bond market.

Article 27

The board of directors or the major principal of a securities company that issues short-term financing bills shall ensure the authenticity,
accuracy and integrity of disclosed information and assume corresponding legal liability.

Article 28

The securities company that issues short-term financing bills shall regularly disclose the following information through the electronic
information system of the Inter-bank Funding Center:

(1)

the balance sheets and net assets statements, the profit statements and profit distribution statements of previous year prior to January
20 of each year;

(2)

the balance sheets and net assets statements, the profit statements and profit distribution statements of the first six months of
current year prior to July 20 of each year; and

(3)

the annual financial statements and auditing reports audited by a qualified accounting company engaged in such relevant businesses
as securities and futures, including the full context of the auditing opinions, audited balance sheets, net assets statements, profit
statements, profit distribution statements and appendix of the financial statements prior to April 30 of each year.

Article 29

The issuer shall make an announcement timely under any of the following circumstances:

(1)

being expected to have difficulty in repaying interests or principal on schedule;

(2)

deduction of capital, merger, split-up, dissolution and application for bankruptcy;

(3)

alteration of stock rights; or

(4)

other circumstances that shall be announced as prescribed by the People’s Bank of China.

Article 30

The listed securities companies may be immune from regularly disclosure of the information stipulated in items (1) and (2) of Article
27 of the present Measures.

Chapter V Supervision and Administration

Article 31

The People’s Bank of China shall be enpost_titled to conducting dynamic inspection at any time on the issuance and trading of short-term
financing bills of a securities company and the use of raised funds.

Article 32

The People’s Bank of China may reset the upper limit of an issuer’s balance of short-term financing bills to be repaid at less than
50 percent of the original upper limit of the issuer’s balance of short-term financing bills to be repaid in case the issuer has
any of the following acts:

(1)

failing to redeem the full amount of principal and interests of short-term financing bills on schedule; or

(2)

failing to disclose information as required twice within 3 years.

Article 33

The People’s Bank of China may suspend the issuance of short-term financing bills of an issuer at the national inter-bank bond market
for six months if:

(1)

its balance of short-term financing bills to be repaid exceeds the upper limit set by the People’s Bank of China;

(2)

its raised funds of short-term financing bills are put into prohibitive uses;

(3)

it has failed twice in six months to repay the full amount of principal and interests of short-term financing bills on schedule; or

(4)

it has failed to disclose information as required three times in 3 years.

Article 34

The People’s Bank of China may prohibit an issuer from issuing short-term financing bills in the national inter-bank bond market if:

(1)

its membership in the Inter-bank Funding Center is cancelled;

(2)

it has disclosed false information;

(3)

the CSRC finds that the company falls short of any of the items (3), (4), (5) and (6) of Article 9 of the present Measures;

(4)

it is subject to a fine or more severe penalty imposed by the CSRC or other competent departments for businesses violating laws and
regulations;

(5)

two or more main financial indexes of it do not meet the supervisory requirements of the CSRC;

(6)

it has failed to repay the full amount of principal and interests of short-term financing bills three times within 1 year; or

(7)

it has failed to disclose information as required more than three times (not included) within 3 years.

Article 35

The CGSDTC shall, on each trading day, disclose the amount of held short-term financing bills, the list of investors who hold more
than 20 percent of the total entrusted amount of short-term financing bills and their respective holding ratios, at the end of the
previous trading day.

Article 36

The Inter-bank Funding Center shall be responsible for the routine monitoring of the trading of short-term financing bills, while
the CGSDTC shall be responsible for the routine monitoring of the settlement of short-term financing bills. The Inter-bank Funding
Center and the CGSDTC shall timely report any abnormal transaction and settlement to the People’s Bank of China.

Article 37

The Inter-bank Funding Center and the CGSDTC shall establish corresponding rules on trading, settlement and information disclosure
of short-term financing bills according to the present Measures.

Article 38

Any act, which occurs in the trading of short-term financing bills and is contrary to the present Measures, shall be subject to relevant
penalties as specified in the Measures for Administration of Bond Trading in the National Inter-bank Bond Market.

Article 39

Any director, senior manager and any other person directly in charge, who are responsible for disclosing false information, shall
be subject to the penalty as specified in Article 46 of the Law of the People’s Republic of China on the People’s Bank of China.

Chapter VI Supplementary Provisions

Article 40

The power to interpret the present Measures shall remain with the People’s Bank of China.

Article 41

The present Measures shall come into force as of November 1st, 2004.



 
the People’s Bank of China
2004-10-18

 






CIRCULAR OF THE MINISTRY OF FINANCE AND THE NATIONAL DEVELOPMENT AND REFORM COMMISSION ON PROMULGATING THE CANCELLATION OF 103 CHARGING ITEMS SUBJECT TO ADMINISTRATIVE EXAMINATION AND APPROVAL

the National Development and Reform Commission,the Ministry of Finance of the People’s Republic of China

Circular of the Ministry of Finance and the National Development and Reform Commission on Promulgating the Cancellation of 103 Charging
Items Subject to Administrative Examination and Approval.

No.87 [2004] of the Ministry of Finance

The relevant departments of the Central Committee of the Communist Party of China, all the ministries and commissions of the State
Council, the institutions directly under the State Council, and the finance offices or bureaus, development and reform commissions
and price bureaus of all the provinces, autonomous regions and municipalities directly under the Central Government:

For the purpose of carrying out the Administrative License Law and promoting law-based administration, we have made an overall clean-up
on the charging items subject to the national administrative examination and approval and etc. (including administrative license,
the same hereinafter) of the departments and entities under the Central Government according to the relevant provisions of the Notice
of the State Council on Printing and Distributing the Implementation Programs for Overall Pushing Forward the Law-based Administration
(No.10 [2004] of the State Council), the Implementation Opinions of the Office of the State Council on Carrying out the Implementation
Programs for Overall Pushing Forward the Law-based Administration (No.24[2004] of the Office of the State Council), the Decision
of the State Council on Canceling and Adjusting the Items Subject to Administrative Examination and Approval (III) (No.16 [2004]
of the State Council) and the Notice of the National Development and Reform Commission and the Ministry of Finance on Cleaning up
the Relevant Charges of Administrative Departments and Institutions (No.1196 [2004] of the National Development and Reform Commission),
and decide to promulgate the cancellation of 103 charging items subject to administrative examination and approval and etc. We hereby
notify the matters concerned as follows:

I.

The following 84 charging items, which have been approved by the Ministry of Finance and the National Development and Reform Commission
(including the former State Planning Commission and the former State Price Bureau)but do not conform to the charges for administrative
examination and approval as prescribed by laws and administrative regulations, shall be promulgated for cancellation.

1.

Public Security Departments

(1)

Cost of the pass for border administration areas

(2)

Cost of the pass for entry and exit of residents in border areas

(3)

Cost of the identity confirmation forms for settlement of foreigners

(4)

Cost of the employees’ cards on ship

(5)

Cost of travel certificates of Taiwan compatriots

(6)

Fees for annual examination of driving licenses

(7)

Fees for handling grave and serious traffic accidents

(8)

Cost of certificates for holding guns used for the discharge of official duties

(9)

Cost of certificates for holding guns for civilian use

(10)

Cost of licenses for storage of explosives

(11)

Cost of licenses for the use of explosives

(12)

Cost of licenses for the purchase of explosives

(13)

Cost of license for the transportation of explosives

(14)

Cost of licenses for working of a blaster

2.

Departments of Development and Reform (Coal)

(15)

Cost of qualification certificates for operation of coals

3.

Food and Drug Supervision Departments

(16)

Fees for the examination and approval of new biological products (merged into the fees for the examination and approval of new pharmaceuticals)

(17)

Fees for the registration of licenses for the export of special chemicals

(18)

Fees for the appraisal of licenses for enterprises undertaking the production of materials and containers for the use of drug packaging

4.

Agriculture Departments

(19)

Fees for examination and approval for the export of pesticides

(20)

Fees for examination and approval of application for the test of pesticides

(21)

Fees for testing soil and fertilizer

(22)

Fees for registration of fertilizer and soil opsonins and opsonins for the growth of plants (including fees for registration certificates)

(23)

Fees for regional test of crop varieties

5.

Departments of Industry and Commerce

(24)

Fees for checking the Trademark Registration Certificates

6.

Departments of Information Industry

(25)

Wireless registration fees (including fees collected by other departments)

(26)

Cost of the licenses for operation of basic telecommunications service

(27)

Cost of the licenses for operation of trans-regional value-added telecommunication services

(28)

Cost of the licenses for operation of value-added telecommunications services

7.

Departments of Science and Technology

(29)

Fees for the registration of technology contracts

(30)

Fees for the appraisal of technology awards (including fees collected by other departments)

8.

Departments of State Land and Resources

(31)

Fees for the examination and approval of geological survey reports

(32)

Cost of approval documents for land used for construction

9.

Mapping Departments

(33)

Cost of mapping employee’s cards

(34)

Cost of qualification certificates of mapping

10.

Departments of Tobacco Monopoly

(35)

Charges for the licenses of tobacco monopoly (including production, wholesale, retail and temporary charges)

11.

Administrations of Departments Directly under the CCCPC

(36)

Fees for appraisal of entities undertaking scientific research and production of code products for commercial use

(37)

Annual fees for franchising sale of code products for commercial use

12.

Talent Exchange Centers under the Departments of Personnel and Other Departments.

(38)

Fees for political examination on going abroad

13.

Commission of Science, Technology and Industry for National Defense

(39)

Fees for the licenses of nuclear materials

14.

People’s Banks of China

(40)

Charges for loan cards

15.

Competent Departments of Work Safety (Coal)

(41)

Cost of the licenses for operation of hazardous chemicals

(42)

Cost of the operation certificates (IC cards)of special operators

(43)

Fees for conformity certificates of safety production conditions of village and town coal mines

16.

Departments of Justice

(44)

Cost of practicing certificate of lawyers

(45)

Cost of practicing certificate of grass-root legal service practitioners

(46)

Cost of practicing certificate of notaries

(47)

Cost of practicing licenses of law firms

17.

Departments of Press and Publication

(48)

Cost of the licenses for publication of newspapers and periodicals

(49)

Cost of press cards

18.

Cultural Departments

(50)

Fees for performance licenses

19.

Forestry Departments

(51)

Cost of certificates of timber transportation

(52)

Cost of licenses for timber felling

(53)

Cost of licenses for domestication and breeding

(54)

Cost of special hunting and catching certificate

(55)

Cost of hunting certificate

20.

Departments of Population and Family Planning

(56)

Cost of the Certificates of Marriage and Bearing of Migrant Populations

21.

Administrative Departments of Civil Aviation

(57)

Cost of licenses for operation

(58)

Cost of licenses for safety inspection of civil aviation

(59)

Cost of conformity certificates for the use of safety inspection appliances

22.

Railway Departments

(60)

Fees for the licenses of transportation of liquefied petroleum gas railway tank trucks

23.

Construction Departments

(61)

Fees for the certificates of registered architects

(62)

Fees for the certificates of registered structural engineers

(63)

Fees for the certificates of registered urban planners

(64)

Fees for the certificates of real estate appraisers

(65)

Cost of the registration certificates of real estate brokers

(66)

Fees for the certificates of cost engineers

(67)

Fees for the certificates of supervision engineers

(68)

Charges for examination and license issuance of qualifications of survey and design of projects

(69)

Fees for the certificates of examination on qualification of construction enterprises

(70)

Fees for the construction supervision certificates (including certificates of supervision engineers and certificates of supervision
entities)

(71)

Fees for the qualification certificates of urban planning compilation

24.

Departments of Labor and Social Security

(72)

Cost of wages and funds management handbooks

25.

Education Departments

(73)

Cost of the determination letters for the qualification of intermediary service institutions for studying abroad at one’s own expenses

26.

Communication Departments

(74)

Cost of licenses for operation above and under water

27.

China Securities Regulatory Commissions

(75)

Fees for the examination of issuance

28.

General Administrations of Customs

(76)

Handling charges for the customs supervision over tax-free commodities

(77)

Handling charges for the customs supervision over goods in the export supervision warehouses

(78)

Handling charges for tax refund of imported goods

(79)

Fees for occupying inspection places by vehicles overtime

(80)

Fees for inspection of vehicles

29.

Health Departments

(81)

Fees for administration of medical institutions run by the local people

30.

Port Administration Departments (Local Governments)

(82)

Port administration (construction)fees

31.

Departments of Quality Inspection and Quarantine

(83)

Cost of the registration certificates of cotton quality inspectors

32.

Departments of Intellectual Property Rights

(84)

Expenditures for running schools by intellectual property training centers

II.

The following 7 charging items subject to administrative examination and approval, which have been approved by the Ministry of Finance
and the National Development and Reform Commission (including the former State Planning Commission and the former State Price Bureau),
shall be cancelled with the cancellation of the items subject to administrative examination and approval of the State Council (III)accordingly.

1.

Public Security (Work Safety)Departments

(1)

Cost of the licenses for work safety of explosives (including fireworks and firecrackers)

(2)

Cost of the licenses for the sale of explosives (including fireworks and firecrackers)

2.

Finance Departments

(3)

Fees for signing up and examination of registered accountants for their implementation of securities and futures and other relevant
businesses

3.

Agriculture Departments

(4)

Cost of the licenses for veterinary drug preparations

4.

Commerce Departments

(5)

Cost of the certificates for the export of special mechanical and electrical products

(6)

Cost of the certificates of export quotas of mechanical and electrical products

5.

General Administrations of Customs

(7)

Handling charges for the registration and recording of customs declaration entities

III.

The following 12 charging items subject to examination and approval, which fall within the items charged by the relevant departments
by exceeding their powers of examination and approval, shall be promulgated for cancellation.

1.

People’s Banks of China

(1)

Cost of the registration forms for import of mechanical and electrical products

2.

Communications Departments

(2)

Cost of the Licenses for Waterage

(3)

Cost of the conformity certificates of construction and fire control

(4)

Cost of the licenses for fire control construction

(5)

Fees for examination on the fire control construction

(6)

Cost of the certificates for the administration of explosives

3.

Tourism Departments

(7)

Cost of reports on the star-rated tourism hotels

(8)

Cost of the licenses for operation of travel agencies

(9)

Cost of the reports on the declaration of technology of travel agencies

(10)

Cost of the name lists of traveling groups going abroad

(11)

Cost of the certificates of team leader of outbound travel

(12)

Cost of the certificates of grade qualification of tour guides

IV.

The aforesaid charging items shall be cancelled with the cancellation of the items subject to the administrative examination and approval
of the State Council (III).The charging items examined and approved by the relevant departments by exceeding their powers shall be
corrected at once, and other charges shall be canceled as of January 1st, 2005 without exceptions.The relevant implementation departments
and entities that carry out the charging shall, pursuant to regulations, go through formalities for writing off the Charging License
at the competent price department which has issued the Charging License originally, and go through formalities for cancellation of
the documentations at the finance department which has issued the charging bills originally.And the balance of the relevant charging
funds shall be turned in to the state treasury or to a special finance account at the exact amount strictly in light of the channels
as prescribed formerly by the finance department.In case any provision of the relevant documents in the past is inconsistent with
this Notice, this Notice shall prevail without exceptions.

V.

After the aforesaid charging items are cancelled, the relevant departments and entities shall perform the duties of administrative
examination and approval or issue expenses as needed for issuance of licenses and certificates according to laws, administrative
regulations and the provisions of the State Council.The finance department at the corresponding level shall give guaranty through
departmental budget or the channels of outlay approved by the finance department.The finance departments at all levels shall guarantee
the expenditures as needed by the relevant departments and entities to perform administrative examination and approval matters according
to law.

VI.

All the localities and the relevant departments shall strictly carry out the provisions of this Notice and Document No.1196 [2004]
of the National Development and Reform Commission, and earnestly implement the charging items promulgated for cancellation, and report
the situations of their own districts and departments on the implementation of the cancellation of charging items and the amount
of money involved to the Ministry of Finance and the National Development and Reform Commission for archival filing.

the Ministry of Finance of the People’s Republic of China

the National Development and Reform Commission

November 24, 2004



 
the National Development and Reform Commission,the Ministry of Finance of the People’s Republic of China
2004-11-24

 






CIRCULAR OF THE CUSTOMS TARIFF COMMISSION OF THE STATE COUNCIL CONCERNING OFFERING ZERO TARIFF TREATMENT TO PART OF THE COMMODITIES OF SENEGAL AND AFGHANISTAN

Circular of the Customs Tariff Commission of the State Council concerning Offering Zero Tariff Treatment to Part of the Commodities
of Senegal and Afghanistan

Shui Wei Hui [2006] No.15

The General Administration of Customs:

Recently, the Government of China has separately signed the exchange of letters with the Government of the Islamic Republic of Afghanistan
and the Government of the Republic of Senegal concerning offering zero tariff treatment to part of the commodities exported thereby
to China. In accordance with the decision of the State Council, the preferential tax rate of zero tariffs shall be offered to the
following least developed countries as of July 1, 2006:

I.

The zero tariffs shall be offered to part of the commodities native to the Republic of Senegal. The scope of specific commodities
is the same as that of commodities to which China has offered zero tariff treatment to the Republic of Benin and other 26 African
countries. Please see the Table of Preferential Tax Rates of Import Tariffs, the attached table of the Rules of the People’s Republic
of China for the Import and Export Tariffs (2006).

II.

The zero tariffs shall be offered to part of the commodities native to the Islamic Republic of Afghanistan. The scope of specific
commodities is the same as that of commodities to which China has offered the zero tariff treatment to Yemen and other three Asia-Pacific
countries. Please see the Table of Import Preferential Tariff Items and Rates (for Yemen and Other Three Countries), the attached
table 5 f to the Circular of the Customs Tariff Commission of the State Council concerning Regulating the Tariff Rates for Autos
and Other Commodities and Implementing the Related Agreement Rates and Preferential Rates.

The Customs Tariff Commission of the State Council

June 26, 2006



 
the Customs Tariff Commission of the State Council
2006-06-26

 






SUPPLEMENTARY NOTICE OF THE MINISTRY OF FINANCE ON RELEVANT ISSUES CONCERNING THE LEVY OF SPECIAL PROFIT CHARGE ON CRUDE OIL

Supplementary Notice of the Ministry of Finance on Relevant Issues concerning the Levy of Special Profit Charge on Crude Oil

Cai Qi No. 183 [2006]

Departments (Bureaus) of public finance of all provinces, autonomous regions, municipalities directly under the Central government
and cities under separate state planning, relevant ministries and commissions under the State Council, relevant departments directly
under the State Council, China National Petroleum Corporation, China Petrochemical Corporation, China National Offshore Oil Corporation,

After the issuance of the Notice of Ministry of Finance on Printing and Distributing the Measures for the Administration on the Levy
of Special Profit Charge on Crude Oil (Cai Qi No.72[2006], hereinafter referred to as “the Measures”), some oil exploitation enterprises
have made some suggestion on overall and accurate implementation of the Measures. And hereby supplementary notice on relevant issues
concerning the levy of special profit charge on crude oil is noticed:

1.

As for the levy scope of special profit charge on crude oil

No matter whether the crude oil, exploited within the land areas of the People’s Republic of China or the sea areas under its jurisdiction,
is sold within the territory of China or not, special profit charge on it shall be paid in accordance with the relevant provisions.
The value-added tax for crude oil , charge for using the mining area and conservation oil of the state, paid to the state by the
Chinese-foreign cooperative oilfield in accordance with the relevant provisions, may not be levied the special profit charge on crude
oil .

2.

As for the main bodies paying special profit charge on crude oil of joint venture cooperative enterprises

As to the payment of special profit charge on crude oil by a joint venture cooperative enterprise, an application for declaration
shall be made to the financial authority uniformly by the party having the license for oil exploration and exploitation among the
two parties of the joint venture cooperative enterprise. The financial authority shall, after verifying the submitted report form
of special profit charge on crude oil, confirm in writing the sum of special profit charge on crude oil that shall be paid by each
party of the enterprise. The enterprise shall, in light of the sum confirmed in the written notice, fill in a “Common Payment Book”
and pay it directly.

3.

As for relevant issues on the calculation of special profit charge on crude oil of Chinese-foreign cooperative oilfield

All parties of Chinese-foreign cooperative oilfield shall, on the basis of the price of shares set on schedule by all cooperative
parties, calculate the special profit charge on crude oil. Special profit charge on crude oil may not be recovered as corresponding
cost in the joint account book of the parties of the cooperative enterprise.

4.

Other relevant issues

(1)

The special profit charge on crude oil shall be paid in RMB;

(2)

The special profit charge on crude oil, which shall be paid by each party of the cooperative oilfield, shall be listed separately
when the application for payment is made. The late fee and fine, which shall be collected additionally due to the delay of application
or payment in a fixed period of time , shall be separately born by relevant responsible parties.

(3)

Petroleum exploitation enterprises shall, when applying for special profit charge on crude oil that shall be paid, provide their price
implementation document for selling crude oil in each month. The Chinese-foreign oilfield shall provide the definite document for
the price of shares determined by all cooperative parties.

The Ministry of Finance of the People’s Republic of China

June 30, 2006



 
Ministry of Finance
2006-06-30

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE RELATED TAXATION ISSUES CONCERNING SOHU’S SPONSORSHIP OF THE 29TH OLYMPIC GAMES

Circular of the State Administration of Taxation on the Related Taxation Issues Concerning Sohu’s Sponsorship of the 29th Olympic
Games

Guo Shui Han [2006] No. 771

The state taxation bureaus and local taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central
Government and cities specifically designated in the state plan:

Upon research, the related taxation issues concerning the sponsorship of cash equivalents to the 29th Olympic Games by Sohu.com Inc,
Beijing Sohu Now Era Technology and Beijing Sohu Internet Information (hereinafter collectively referred to as “Sohu”) are hereby
notified as follows:

1.

With respect to the Sohu’s sponsorship expenditure of cash equivalents affirmed according to the market price to Beijing Organizing
Committee, it shall be totally deducted from the taxable incomes when calculating the enterprise income tax in light of the spirit
as prescribed in Paragraph 4, Article 2 of the Circular of the Ministry of Finance, the General Administration of Taxation, General
Administration of Customs on Several Issues Concerning the Tax Policies for the 29th Olympic Games (Cai Shui [2003] No. 10).

2.

The business tax shall be exempted for all the internet services and information technology consultation occurred during Sohu’s sponsorship
of cash equivalents to Beijing Organizing Committee.

The State Administration of Taxation

October 15, 2006



 
The State Administration of Taxation
2006-08-15

 






REPLY OF THE STATE ADMINISTRATION OF TAXATION CONCERNING THE TAX EXEMPTION OF HONG KONG OCEAN PARK, GUANGZHOU REPRESENTATIVE OFFICE

Reply of the State Administration of Taxation Concerning the Tax Exemption of Hong Kong Ocean Park, Guangzhou Representative Office

Guo Shui Han [2007] No.273

The State Taxation Bureau of Guangdong:

We have received your Request for Instructions upon Matters about the Tax Exemption of Hong Kong Ocean Park, Guangzhou Representative
Office (Yue Guo Shui Fa [2006] No.260), and make a reply as follows:

The Guangzhou Representative Office of Hong Kong Ocean Park was set up in 2006, and mainly undertakes the liaison and consultation
work on the head office’s related e business. A certificate produced by the Hong Kong Tax Authority proves that the head office,
Hong Kong Ocean Park, is a non-profitable institution. In accordance with the provisions of the Circular of the State Administration
of Taxation Concerning the Related Matters about Reinforcing the Collection and Administration of Taxes on the Permanent Establishments
of Foreign Enterprises (Guo Shui Fa [1996] No.165) and the Circular of the State Administration of Taxation Concerning the Related
Matters about the Tax Administration of the Permanent Establishments of Foreign Enterprises (Guo Shui Fa [2003] No.28), as regards
the business activities conducted by Hong Kong Ocean Park, Guangzhou Representative Office, business tax and enterprise income tax
shall be exempted as long as they fall within the scope as prescribed in Item (2), Paragraph 2 of Article 1 of the Document (Guo
Shui Fa [1999] No.165).

The State Administration of Taxation

March 6, 2007



 
The State Administration of Taxation
2007-03-06

 






1...121314Page 14 of 14

CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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