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MEASURES GOVERNING THE QUALIFICATION FOR SECURITIES INVESTMENT FUND CUSTODIAN

China Banking Regulatory Commission, China Securities Regulatory Commission

Order of President of China Banking Regulatory Commission and President of China Securities Regulatory Commission

No. 26

Measures Governing the Qualification for Securities Investment Fund Custodian are hereby promulgated and shall come into force as
of January 1, 2005.

President of China Securities Regulatory Commission Shang Fulin

President of China Banking Regulatory Commission Liu Mingkang

November 29, 2004

Measures Governing the Qualification for Securities Investment Fund Custodian

Article 1

The present Measures are formulated according to the Law on Securities Investment Funds, Law on Banking Regulation and other relevant
laws and regulations with a view to standardizing the management of the qualifications as a securities investment fund custodian,
maintaining the competitive order in the securities investment fund custody sector, protecting the legitimate rights and interests
of investors and parties concerned and promoting the healthy development of securities investment funds.

Article 2

To undertake the business of securities investment fund (hereinafter referred to as the “fund”) custody, a commercial bank must obtain
the qualification to perform as a fund custodian after verification and approval by China Securities Regulatory Commission (CSRC)
and China Banking Regulatory Commission (CBRC).

No commercial bank without the qualification as a fund custodian may engage in the business of fund custody.

Article 3

A commercial bank, which applies for the qualification as a fund custodian (hereinafter referred to as “applicant”) must meet the
following requirements:

(1)

during the last three fiscal years, its net assets at the end of the year shall not be lower than 2 billion Yuan and its capital adequacy
ratios shall all be up to the standard as provided for by the regulatory authority;

(2)

having a special fund custody department which shall be independent of its other business departments;

(3)

the person to perform as a senior officer of the fund custody department shall meet the statutory requirements; and there shall be
at least five persons to engage in fund liquidation, accounting, investment supervision, information disclosure and internal auditing
and control, who shall have the qualifications of being employed in the fund sector;

(4)

having the conditions to keep the safety of fund property under it custody;

(5)

having a highly effective clearing and accounting system;

(6)

The fund custody department shall have a fixed place necessary for the conducting of business of and is equipped with an independent
security monitoring system ;

(7)

the fund custody department shall be equipped with an independent technical system for custody business including of network system,
application system and systems for security and protection and data back-up;

(8)

having a sound internal auditing and monitoring system and a risk control system;

(9)

having no record of major illegal or irregular acts during the last three years; and

(10)

other requirements as may be provided for by laws or regulations or by CSRC or CBRC with the approval of the State Council.

Article 4

An applicant, to ensure the safety of the fund property under its custody, must have the following conditions and abilities:

(1)

equipments and facilities required for conducting the fund custody business;

(2)

to open separate account books for each fund and to keep fund assets under its custody integrated and independent;

(3)

to strictly separate and keep its owned assets and fund assets under its custody;

(4)

to supervise the investment operation of fund managers according to law;

(5)

to carry out the instructions of fund managers in disposing of and distributing fund assets according to law;

(6)

to lawfully check and examine the net assets, net value of a fund unit and prices for fund subscription and repurchase as determined
by a fund manager;

(7)

to properly keep the records, account books, statements and other materials concerning its fund custody business; and

(8)

to have a sound internal custody system.

Article 5

The applicant must have a sound clearing and accounting system, which must accord with the following provisions:

(1)

funds involved in the securities transactions occurring in the system must be able to be transferred within two hours;

(2)

it must be able to receive data from relevant stock exchanges in a safe manner;

(3)

it must be able to be connected with the systems of the relevant institutions in a safety manner, such as systems of fund managers,
fund registration institutions and securities registration and clearing institutions; and

(4)

in such system, the liquidation and accounting must be able to be conducted in time through proper implementing of the investment
instructions of the fund managers according to law.

Article 6

The applicant shall have its place, security and precaution facilities and other facilities and relevant systems for its fund custody
business accord with the following provisions:

(1)

the business place of the fund custody department must be relatively independent with an entrance guarding system equipped;

(2)

there must be separate rooms for the posts with access to fund transaction data, where no unconcerned person may enter without permission;

(3)

there must be a sound secret-keeping system for fund transaction data;

(4)

there must be a reliable fund custody data back-up system; and

(5)

there must be a fund custody emergency program to cope with emergencies.

Article 7

The applicant shall submit to CSRC the following application documents with copies thereof to CBRC simultaneously:

(1)

an application;

(2)

special capital verification reports on its net assets and capital adequacy ratio as rendered by an accounting firm with qualifications
for conducting securities-related business;

(3)

a certificate certifying the establishment of a fund custody department;

(4)

provisions concerning the internal structure establishment and post responsibilities;

(5)

basic information of the persons to assume senior officers and staff members of the fund custody department, including the application
materials for assuming senior officers of the persons to assume senior officers , the names, career records, copies of certificates
certifying the qualification of being an employee in the fund sector, professional training and posts of the persons to be the staff
members;

(6)

a report on the conditions for the safety of the fund property under its custody;

(7)

a report on the test of its fund clearing and accounting system;

(8)

a plan for the business place, a design blue print for the security and monitoring system and a report on the installation and test;

(9)

a design blue print for the fund custody business back-up system, an emergency-disposing plan and a report on the test of the ability
to meet emergencies;

(10)

its relevant business rules and regulations, including rules and regulations concerning business management, operation procedures,
fund accounting and auditing, fund liquidation management, information disclosure, internal auditing and monitoring, internal control
and risk management, information system management, security and file management, reporting of major suspicious transactions and
emergency measures and other rules and regulations as may be required for a fund custodian;

(11)

a commercial plan for the development of its fund custody business; and

(12)

other documents as may be required by CSRC and CBRC.

Article 8

CSRC shall, within five working days from the receipt of application documents, make a decision on whether or not to accept the application.
If all application documents have been submitted completely and accord with the legal forms, a certificate of acceptance shall be
issued to the applicant. Otherwise, the applicant shall be notified once for all of those required to be added or corrected.

Article 9

CSRC shall, within 20 working days from acceptance of the application, make a decision on whether or not to grant an administrative
license. In the case of a decision of granting, CSRC shall send the decision to CBRC for its permission; or else, the applicant shall
be notified of the decision accompanied with the reasons explained for such decision indicated, upon which the administrative licensing
procedure shall be terminated.

CBRC shall, within 20 working days from the receipt of the decision sent for its permission, make a decision on whether or not to
permit. In the case of permission, CSRC and CBRC shall jointly sign an approval document and CSRC shall issue a fund custody business
license; or else, the applicant shall be notified of the decision with reasons indicated, upon which the administrative licensing
procedure shall be terminated.

Article 10

Before making a decision to grant an administrative license, CSRC and CBRC shall jointly make a verification on the spot of the preparations
for the establishment of a fund custody department of the applicant.

The verification on the spot shall be carried out by at least two persons.

The time taken for the verification on the spot shall not be calculated into the period of the time mentioned in the preceding article.

Article 11

A commercial bank, which has obtained the qualification as a fund custodian, shall be a fund custodian.

Every fund custodian shall promptly apply for the qualification of being a senior officer for persons to be senior officers of its
fund custody department and the qualification of being employed in the fund sector for persons to be staff members of its fund custody
department, and go through corresponding employment formalities.

Article 12

Every fund custodian shall, in conducting business , keep lawful, honesty and faithful, diligent and devoted, and effectively perform
its statutory and contractual functions and duties.

Article 13

Every fund custodian shall take proper measures according to law to ensure that its fund custody business and selling business on
a commission basis shall be independent of each other and effectively safeguard the integrity and independence of fund assets under
its custody.

Article 14

Fund custodians shall communicate with each other and may not engage in any unfair competition or monopolize the market;

Article 15

Where an applicant conceals relevant facts or provides false application materials, CSRC and CBRC shall not accept its application
or grant any administrative license, and shall give the applicant a warning; and the applicant may not apply for the qualification
as a fund custodian during the period of a year.

Where any applicant has obtained the qualification as a fund custodian by means of fraud or bribery or any other unwarrantable methods,
CSRC shall, in consultation with CBRC, revoke the applicant’s qualification as a fund custodian, and give the applicant a warning
and a fine with its fund custody business license nullified by CSRC; CBRC may, pursuant to different circumstances, charge the applicant
to give a disciplinary sanction to the person in charge who is directly responsible and other persons directly responsible, or give
such persons warnings or fines, or prohibit them from employment in the banking sector for a specified period of time or for their
lifetime; the applicant may not again apply for the qualification as a fund custodian in three years; those suspected of committing
a crime shall be transferred to the judicial organ for investigation for the criminal liabilities.

Article 16

CSRC and CBRC shall make supervision and administration on the fund custody business commercial banksaccording to law.

Article 17

In the case of non-compliance with the requirements as provided for in Articles 3 to 6 of the present Measures, the fund custodian
concerned must promptly report it to CSRC and CBRC and make corrections within a specified time limit.

If the fund custodian fails to report such non-compliance in time, CSRC and CBRC shall charge it to make corrections and give a warning
and fine to the person in charge who is directly responsible and other persons directly responsible; CBRC may charge the fund custodian
to give disciplinary sanctions to the person in charge who is directly responsible and other persons directly responsible; if the
consequences are serious, CSRC may, in addition, suspend or revoke such persons’ qualifications of being senior officers or being
employed in the fund sector, and CBRC may, in addition, prohibit such persons from employment in the banking sector for a specified
period of time or for their lifetime.

Article 18

In the case of non-compliance with the requirements as provided for in Articles 3 to 6 of the present Measures, if the fund custodian
concerned fails to correct such non-compliance, CSRC shall, in consultation with CBRC, suspend or revoke its qualification as a fund
custodian and shall nullify its fund custody business license; as to the person in charge who is directly responsible and other persons
directly responsible, CSRC shall, in consultation with CBRC, give them fines, and may suspend or revoke such persons’ qualifications
of being senior officers or being employed in the fund sector in addition; and CBRC may, in addition, prohibit such persons from
employment in the banking sector for a specified period of time or for their lifetime; those suspected of committing a crime shall
be transferred to the judicial organ for investigation of their criminal liabilities.

Article 19

The present Measures shall be applicable to domestic Chinese-funded commercial banks not to any foreign-funded commercial bank.

Article 20

The present Measures shall come into force as of January 1, 2005.



 
China Banking Regulatory Commission, China Securities Regulatory Commission
2004-11-29

 







MEASURES FOR THE ADMINISTRATION OF IMPORT AND EXPORT COAL INSPECTIONS

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

No. 90

Measures for the Administration of Import and Export Coal Inspections, which have been deliberated and adopted by the executive meeting
of the State Administration of Quality Supervision, Inspection and Quarantine on May 30, 2006, are hereby promulgated, and shall
enter into force as of August 1, 2006.
Director General Li Changjiang

June 26, 2006

Measures for the Administration of Import and Export Coal Inspections
Chapter I General Provisions

Article 1

In order to regulate import and export coal inspections, safeguard the health and safety of the people, protect the environment,
improve the quality of import and export coal, and promote the development of coal trade, these Measures are formulated subject to
the Law of the People’s Republic of China concerning Import and Export Commodity Inspection (hereinafter referred to as the Commodity
Inspection Law), the detailed rules for the implementation thereof, as well as other related laws and regulations.

Article 2

These Measures apply to the inspection, surveillance of import and export coal.

Article 3

The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ) shall be responsible
for the inspections of import and export coal in China.

The entry and exit inspection and quarantine institutions established by the SAQSIQ in all localities (hereinafter referred to as
the inspection and quarantine institutions) shall implement inspections and surveillances of import and export coal in accordance
with the division of their respective functions,.

Article 4

An inspection and quarantine institution shall carry out port inspections and surveillances to import coal, and implement the supervision
in the place of origin with the port inspections and surveillance to export coal.

Chapter II Import Coal Inspections

Article 5

The inspection and quarantine institution at the port of discharge shall take charge of inspecting the import coal.

Article 6

A consignee of import coal or its agent shall report to the inspection and quarantine institution at the port of discharge for inspection
in accordance with related provisions of the SAQSIQ before discharging the import coal.

Import coal shall be discharged at a place that meets the requirements for inspection upon the surveillance of the inspection and
quarantine institution at the port.

Article 7

An inspection and quarantine institution shall conduct the inspection on the import coal in terms of safety, health, or environmental
protection, as well as the related quality, quantity, and weight, and shall issue a certificate pursuant to the inspection result
within 10 working days.

The import coal that has not been inspected or fails to pass the inspection shall not be sold or used.

Article 8

In case of the quality problems found in any import coal, the consignee or its agent shall be ordered by the inspection and quarantine
institution to dispose of them effectively under surveillance; as to unqualified issues in safety, health, or environmental protection,
it shall be handled under related provisions of the Regulation for the Implementation of the Commodity Inspection Law, and shall
be timely reported to the SAQSIQ.

Chapter III Inspections of Export Coal

Article 9

The inspection and quarantine institutions at the locality of the export coal production enterprises (hereinafter referred to as
the inspection and quarantine institution in the place of origin) shall be responsible for the categorized administration and daily
surveillance of the export coal production enterprises under their respective jurisdictions.

The inspection and quarantine institution at the port of export shall be in charge of the inspection on the export coal at the said
port.

Article 10

Export coal production enterprises shall adopt a system of categorized administration. The inspection and quarantine institution
at the place of origin shall examine the quality credibility, production and processing techniques, technical conditions of production,
quality guaranty capacity, etc. subject to the standards after receiving the voluntary application of an export coal production enterprise.
The said inspection and quarantine institution shall also classify the export coal production enterprises into four categories, namely
A, B, C and D, and carry out separate surveillance according to different requirements.

Article 11

In accordance with the principle of free will, an export coal production enterprise may apply to the local inspection and quarantine
institution for categorized administration, and shall submit the materials at the time of filing the application as follows:

(1)

an application letter for categorized administration;

(2)

a copy of the business license;

(3)

the work safety permit;

(4)

the certificate document on the quality management system;

(5)

an ichnography of the mining area (station);

(6)

the instruction of the production processing; and

(7)

other materials required by the SAQSIQ.

Article 12

An inspection and quarantine institution shall investigate the application materials after receiving an application. In case of unqualified
applications under examination, the inspection and quarantine institution shall notify the enterprise of all the contents to be supplemented;
as regards the qualified application, it shall organize an on-site assessment within 10 working days, and shall determine the category
of categorized administration applicable to the enterprise within 20 working days as of the assessment on the spot.

Article 13

An enterprise of Category A shall meet the following requirements:

(1)

It shall be an enterprise engaging in the production of clean coal;

(2)

It shall rigidly observe the laws and regulations of the state and related provisions of the SAQSIQ;

(3)

It shall have a sound quality management system, have passed the ISO9000 quality system certification or have quality guaranty capacity
accordingly;

(4)

It shall be equipped with enough effective percussion caps and ironware cleaning devices;

(5)

The coal preparation process can ensure the stability of the quality of the export coal;

(6)

It was not involved in any major quality accident in terms of safety, health, or environmental protection within recent 2 years of
exporting coal;

(7)

The matters of the export coal in terms of safety, health, or environmental protection meet related compulsory requirements of the
state on technical norms.

Article 14

An enterprise of Category B shall meet the requirements as follows:

(1)

It shall be an enterprise engaging in the production of clean coal, or an export coal production enterprise engaging in the processing
of self-produced coal, or an export coal production enterprise partially engaging in coal washing;

(2)

It shall rigidly observe the laws and regulations of the state and related provisions of the SAQSIQ;

(3)

It shall have a moderately sound quality management system;

(4)

It shall be equipped with enough effective percussion caps and ironware cleaning devices;

(5)

It was not involved in any major quality accident in terms of safety, health, or environmental protection within 1 year of exporting
coal;

(6)

The matters of the export coal in terms of safety, health, or environmental protection meet related compulsory requirements of the
state on technical norms.

Article 15

An enterprise of Category C shall meet the requirements as follows:

(1)

It shall be a coal distribution station purchasing coal and processing it for export, or an enterprise engaging in the production
of clean coal, or an export coal production enterprise engaging in the process of self-produced coal, or an export coal production
enterprise partially engaging in coal washing, which has not been appraised to fall within Category A or B;

(2)

It shall rigidly observe the laws and regulations of the state and related provisions of the SAQSIQ;

(3)

It shall have sound quality management system, and shall be equipped with enough effective percussion caps and ironware cleaning devices;

(4)

The mining sites that supplies coal to it shall have passed the survey and approval by the inspection and quarantine institution in
the place of origin, and the emphasis of the survey and approval shall be the percussion cap’s quality indicators in terms of safety,
health, or environmental protection; and

(5)

The matters of the export coal in terms of safety, health, or environmental protection meet related compulsory requirements of the
state on technical norms.

Article 16

An enterprise that fails to apply to the inspection and quarantine institution for categorized administration, or application of
which does not include in Category A, B or C shall be automatically listed as an enterprise of Category D.

Article 17

An inspection and quarantine institution in the place of origin shall make special random inspections and tests on the export coal
production enterprises under related provisions of the SAQSIQ, and publicize the result of the random inspection and tests. The proportion
of random inspections on an enterprise of Category A shall be restricted at 5% to 15% of the groups in which it files an application;
the proportion of random inspections on an enterprise of Category B shall be restricted at 16% to 45% of the groups in which it files
an application; the proportion of random inspections on an enterprise of Category C shall be restricted at 46% to 100% of the groups
in which it files an application; and the proportion of random inspections on an enterprise of Category D shall be 100%.

The SAQSIQ shall uniformly formulate the contents of the special random inspection and test and shall organize the said inspection
for implementation.

Article 18

Before each batch of export coal is shipped and consigned, an export coal production enterprise shall declare to the inspection and
quarantine institution in the place of origin under the export contract or the export plan distributed by the competent department,
as well as the enterprise’s bill of conformity from self-inspection. The inspection and quarantine institution in the place of origin
shall, on the basis of daily surveillance, issue a Document on the Change of Certificate for Exit Goods in accordance with related
provisions.

The valid term of a Document on the Change of Certificate for Exit Goods shall be 6 months. In case of expiration, the export coal
production enterprise or operation enterprise may apply to the inspection and quarantine institution for renewal. The inspection
and quarantine institution may extend the valid term of the Document on the Change of Certificate for Exit Goods for the corresponding
batch by 3 months after confirming the said Document inerrable upon examination.

Article 19

An export coal operation enterprise shall apply to the inspection and quarantine institution at the port under related provisions
of the SAQSIQ for inspection before the export coal arrives at the port for discharge, and shall provide the Document on the Change
of Certificate for Exit Goods during inspection. Where it fails to provide the said Document, the inspection and quarantine institution
at the port shall not accept the application for inspection.

An export coal operation enterprise shall provide related information about coal blending plan, stacks, and means of loading, etc
when applying for inspection of export coal blending.

Article 20

The export coal shall be discharged under the surveillance of the inspection and quarantine institution at the port at a place qualified
for inspection after being carried from the place of origin to the port.

The export coal operation enterprise shall separately pile the export coal entering the site at the port by varieties, and set clear
marks, instead of mixing up the different varieties of coal.

Article 21

The quantity on the Document on the Change of Certificate for Exit Goods shall be written off by the inspection and quarantine institution
at the port.

Article 22

The inspection and quarantine institution at the port shall inspect the matters of export coal in terms of safety, health, or environmental
protection, and the quality, quantity, weight, etc. and shall issue a certificate on the basis of the inspection result within 10
working days.

Article 23

As regards quality problems in export coal, the export coal operation enterprise shall be ordered by the inspection and quarantine
institution at the port to settle the said problems effectively under surveillance. Any export coal that involves a serious quality
problem in terms of safety, health, or environmental protection and is unable to be settled effectively shall not be exported.

Chapter IV Surveillance

Article 24

An inspection and quarantine institution at the place of origin shall be responsible for the daily surveillance of the export coal
production enterprises within its jurisdiction.

An inspection and quarantine institution at the port shall be in charge of surveilling the import and export coal at the port.

Article 25

The contents of daily surveillance conducted by an inspection and quarantine institution in the place of origin on an export coal
production enterprise shall include:

(1)

information about the enterprise abiding by the laws and regulations of the state as well as related provisions of the SAQSIQ;

(2)

information about the quality credibility of the enterprise;

(3)

operation of the its quality management system;

(4)

equipment and operation of the percussion caps and ironware cleaning devices;

(5)

production and processing information;

(6)

the special random inspection and tests;

(7)

survey of the quality problems; and

(8)

other information requiring for inspection.

The inspection and quarantine institution in the place of origin shall establish a filing of surveillance of coal production enterprises
on the basis of the information on daily surveillance.

Article 26

The inspection and quarantine institution in the place of origin shall evaluate the export coal production enterprises under categorized
administration annually.

Article 27

The inspection and quarantine institution in the place of origin shall conduct dynamic administration over the export coal production
enterprises subject to the annual evaluating result, surveillance filing information and the feedback of the inspection and quarantine
institution at the port, and upgrade or degrade them under related provisions of the SAQSIQ.

Article 28

As regards an export coal production enterprise under any of the following circumstances, it shall be ordered to make a rectification
within a time limit by the inspection and quarantine institution in the place of origin, and the issuance of Documents on the Change
of Certificate for Exit Goods to the said enterprise shall be suspended during the period for rectification, and it shall be submitted
to the SAQSIQ:

(1)

It is found to have any dishonest act;

(2)

It refuses to accept or intentionally evades the surveillance;

(3)

The percussion caps and ironware cleaning devices are found to be incompletely equipped or to work under an unusual state;

(4)

Any quality problem in terms of safety, health, or environmental protection arises, and the circumstance is serious;

(5)

The unqualified groups found from the special random inspection and tests exceed 5% of the groups under application.

The inspection and quarantine institution in the place of origin shall, after investigation, resume the issuance of the Document on
the Change of Certificate for Exit Goods to the enterprise complying with the related provisions of SAQSIQ after the rectification.

Article 29

An export coal production enterprise and an operation enterprise shall perfect the quality management rules, improve the quality
guaranty system, enhance the consciousness of quality and good faith, accept the surveillance of inspection and quarantine institution,
and ensure the quality of export coal to meet the compulsory requirements of the technical norms of the state in terms of safety,
health, or environmental protection.

Article 30

An inspection and quarantine institution at the port shall surveil the impunity removal and quality inspection, etc. of the import
and export coal at the port in accordance with the compulsory requirements of the related technical norms of the state,.

Article 31

The SAQSIQ and the inspection and quarantine institutions shall take effective measures, simplify procedures, and facilitate import
and export as required to facilitate foreign trade.

When handling the procedures for applying for inspection of import and export coal and accepting the inspection surveillance, the
form of electronic data documents shall be taken to the qualified enterprises.

Article 32

An inspection and quarantine institution at the port shall establish a rapid information transmission mechanism with the inspection
and quarantine institution in the place of origin, and carry out electronic transmission of information.

The inspection and quarantine institution at the port and the inspection and quarantine institution in the place of origin shall exchange
information with each other on the export coal inspection surveillance every 3 months, and shall timely communicate with each other
concerning the major issues arising out of the inspection surveillance.

The inspection and quarantine institution in the place of origin shall timely publicize the information on the classification and
appraisal of the export coal production enterprises within its jurisdiction to the inspection and quarantine institution at the port.

Article 33

A quality analysis of the import and export coal shall be made by the inspection and quarantine institution at the port once every
half year, and shall be submitted to the SAQSIQ. A copy of the quality analysis of the export coal shall be submitted to the related
inspection and quarantine institution in the place of origin.

Article 34

An inspection and quarantine institution shall timely report to the SAQSIQ the quality problems in terms of the safety, health, or
environmental protection of import and export coal that have aroused strong responses within or outside China.

The SAQSIQ shall publish a pre-warning circular concerning the information of the import coal relating to serious problems on safety,
health, or environmental protection.

Article 35

An inspection and quarantine institution shall, subject to related provisions of the Commodity Inspection Law, punish the acts of
forging, altering or imitating the Document on the Change of Certificate for Exit Goods and other acts violating related provisions
of the Commodity Inspection Law.

Article 36

When an inspection and quarantine institution and its staff perform their duties, they shall follow the law, maintain the interests
of the state, strictly enforce the law pursuant to legal powers and legal procedures, and accept surveillance.

The inspection and quarantine staff shall accept business trainings and evaluation at regular intervals, and may not perform their
duties on their positions unless passing the evaluation.

The inspection and quarantine staff shall be devoted to their duties, render services in a civilized manner, and follow professional
disciplines, and shall not abuse their official capacities or advance private interests.

Article 37

An inspection and quarantine staff member that violates the Commodity Inspection Law by divulging any commercial secret he has access
to shall be given an administrative sanction subject to related laws, and his illegal proceeds, if any, shall be recovered; if any
crime has been committed, criminal liability shall be investigated according to law.

Where any inspection and quarantine staff member abuses his official capacity, deliberately creates difficulties, commits irregularities
for private interests, forges inspection results, or neglects his duties, delays in making an inspection or issuing a certificate,
he shall be given an administrative sanction subject to related laws; if any crime has been committed, criminal liability shall be
investigated according to law.

Chapter V Supplementary Provisions

Article 38

As regards the coal loaded in the place of origin, for which the means of transport is not changed, and which is carried by the original
means of transport directly for export, the inspection in the place of origin as well as the port check and inspection surveillance
shall be conducted subject to the Regulation for the Implementation of the Commodity Inspection Law.

Article 39

As regards the export coal production enterprises under categorized administration by the inspection and quarantine institution before
these Measures are promulgated, the inspection and quarantine institution shall still conduct surveillance on the enterprises in
light of the original surveillance category of categorized administration.

Article 40

These Measures are subject to the interpretation of the SAQSIQ.

Article 41

These Measures shall take effect as of August 1, 2006. Measures for the Administration of Export Coal Inspections promulgated by
the former State administration for entry-exit inspection and quarantine (Order No. 18 of the State Administration of Inspection
and Quarantine) shall be abolished simultaneously.



 
The State Administration of Quality Supervision, Inspection and Quarantine
2006-06-26

 







ANIMAL HUSBANDRY LAW

Animal Husbandry Law of the People’s Republic of China










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

No. 45 

The Animal Husbandry Law of the People’s Republic of China, adopted at the 19th Meeting of the Standing Committee of the Tenth
National People’s Congress of the People’s Republic of China on December 29, 2005, is hereby promulgated and shall go into effect
as of July 1, 2006. 

Hu Jintao 

President of the People’s Republic of China 

December 29, 2005 

 

(Adopted at the 19th Meeting of the Standing Committee of the Tenth National People’s Congress on December 29, 2005) 

Contents 

Chapter I General Provisions 

Chapter II Protection of Genetic Resources of Livestock and Poultry 

Chapter III  Selective Breeding of the Breeding Livestock and Poultry and Production and Operation in This Respect 

Chapter VI Breeding of Livestock and Poultry 

Chapter V Trading in and Transportation of Livestock and Poultry 

Chapter VI Guarantee for Quality and Safety 

Chapter VII Legal Responsibility 

Chapter VIII Supplementary Provisions 

Chapter I General Provisions 

Article 1 This law is enacted in order to standardize the production and operation in animal husbandry, to guarantee the quality
and safety of livestock and poultry products, to protect and make rational use of the genetic resources of livestock and poultry,
to safeguard the lawful rights and interests of the producers and operators in animal husbandry and to promote sustained and healthy
development of animal husbandry. 

Article 2 This Law is applicable to protection and utilization of the genetic resources, breeding, raising, operation and transportation
of livestock and poultry within the territory of the People’s Republic of China. 

For the purposes of this Law, livestock and poultry mean the livestock and poultry given in the catalogue of the genetic resources
of livestock and poultry published in accordance with the provisions of Article 11 of this Law. 

The relevant provisions of this Law shall be applicable to protection and utilization of, as well as production and operation in,
bee and silkworm resources. 

Article 3 The State supports the development of animal husbandry and gives play to its role in the development of agriculture and
the rural economy as well as in the increase of the farmers’ incomes. People’s governments at or above the county level shall
take measures to strengthen the construction of infrastructure for animal husbandry, to encourage and support large-scale raising
and breeding, to push forward the industrialized operation of animal husbandry, to increase all-round productivity of animal husbandry
and to develop quality, highly efficient, ecologically sound and safe animal husbandry. 

The State assists and supports the development of animal husbandry in minority nationality areas and poverty-stricken areas, protect
and rationally utilize grasslands and improve the conditions of production in animal husbandry. 

Article 4 The State takes measures to train professionals for animal veterinary, to promote scientific and technological research
in animal husbandry and veterinary medicine and the wide use of the research results, to disseminate scientific and technological
knowledge of animal husbandry and veterinary medicine and provide information concerning animal husbandry and veterinary medicine
and to promote scientific and technological progress in animal husbandry. 

Article 5 Producers and operators in animal husbandry may, of their own free will, establish an association of the industry according
to law, in order to provide to their members services in the terms of information, technology, marketing, training, etc., improve
self-regulation of the industry and protect the interests of their members and the industry. 

Article 6 Producers and operators in animal husbandry shall perform the duty of animal epidemic prevention and environmental protection
according to law and accept the supervision and inspection carried out by relevant departments in charge according to law. 

Article 7 The administrative department for animal husbandry and veterinary medicine under the State Council shall be in charge
of supervision and administration over animal husbandry nationwide. The administrative departments for animal husbandry and veterinary
medicine under the local people’s governments at or above the county level shall be in charge of supervision and administration
over animal husbandry within their own administrative areas. 

The relevant competent departments of the people’s governments at or above the county level shall, within the scope of their respective
duties, be responsible for promoting the development of animal husbandry. 

Article 8 The administrative department for animal husbandry and veterinary medicine under the State Council shall give guidance
to producers and operators in animal husbandry to help them improve the conditions and environment for the breeding, raising and
transportation of livestock and poultry. 

Chapter II Protection of 

Genetic Resources of livestock and poultry 

Article 9 The State establishes the system for protection of the genetic resources of livestock and poultry. People’s governments
at various levels shall take measures to strengthen protection of the genetic resources of livestock and poultry, and the funds for
protection of the genetic resources of livestock and poultry shall be incorporated in their respective financial budgets. 

The State plays the major role in protection of the genetic resources of livestock and poultry, and encourages and supports the relevant
units and individuals to develop undertakings for protection of the genetic resources of livestock and poultry according to law. 

Article 10 The administrative department for animal husbandry and veterinary medicine under the State Council shall set up a national
commission for genetic resources of livestock and poultry, to be composed of specialists, which shall be responsible for identification
and assessment of the genetic resources of livestock and poultry as well as for verification of new breeds and synthetic strains
of livestock and poultry, and shall provide demonstration of the plans for protecting and utilizing the genetic resources of livestock
and poultry and offer consultancy regarding protection of such resources. 

Article 11 The administrative department for animal husbandry and veterinary medicine under the State Council shall be responsible
for organizing investigations of the genetic resources of livestock and poultry, releasing reports on the conditions of the genetic
resources of livestock and poultry of the country and publishing the catalogue of the genetic resources of livestock and poultry
approved by the State Council. 

Article 12 The administrative department for animal husbandry and veterinary medicine under the State Council shall, on the basis
of the geological distribution of the genetic resources of livestock and poultry, make the national plan for protecting and utilizing
such resources, draw up and publish the directory of the genetic resources of livestock and poultry under protection at the national
level, and provide special protection for the genetic resources of precious, rare and endangered genetic resources of livestock and
poultry which are of Chinese origin. 

The administrative departments for animal husbandry and veterinary medicine under the people’s governments at the provincial level
shall, based on the national plan for protecting and utilizing the genetic resources of livestock and poultry and the conditions
of the genetic resources of livestock and poultry within their administrative areas, draw up and publish the directory of the genetic
resources of livestock and poultry under protection at the provincial level, and submit them for the record to the administrative
department for animal husbandry and veterinary medicine under the State Council. 

Article 13 The administrative department for animal husbandry and veterinary medicine under the State Council, in accordance with
the national plan for protecting and utilizing the genetic resources of livestock and poultry and the directory of the genetic resources
of livestock and poultry under protection at the national level, and the administrative departments for animal husbandry and veterinary
medicine under the people’s governments at the provincial level, in accordance with the directory of the genetic resources of livestock
and poultry under protection at the provincial level, shall respectively set up or determine the breeds reservation farms, protection
zones and gene banks of the genetic resources of livestock and poultry, which shall assume the task of protecting the genetic resources
of livestock and poultry. 

No breeds reservation farms, protection zones or gene banks of the genetic resources of livestock and poultry sponsored by the Central
Government or provincial governments shall dispose of the protected genetic resources of livestock and poultry without approval by
the administrative department for animal husbandry and veterinary medicine under the State Council or by such a department under
the people’s government at the provincial level. 

Gene banks of the genetic resources of livestock and poultry shall, in accordance with the regulations of the administrative department
for animal husbandry and veterinary medicine under the State Council or of such a department under the people’s government at the
provincial level, regularly collect and update their genetic data on livestock and poultry. The units and individuals concerned shall
cooperate with the gene banks of the genetic resources of livestock and poultry in collecting genetic data on livestock and poultry,
and shall have the right to receive appropriate financial compensation. 

The measures for administration of the breeds reservation farms, protection zones and gene banks of the genetic resources of livestock
and poultry shall be formulated by the administrative department for animal husbandry and veterinary medicine under the State Council. 

Article 14 Before sending newly discovered genetic resources of livestock and poultry for identification by the national commission
for genetic resources of livestock and poultry, the administrative department for animal husbandry and veterinary medicine under
the people’s government at the provincial level shall draw up a protection plan, take provisional protective measures, and submit
the matter for the record to the administrative department for animal husbandry and veterinary medicine under the State Council. 

Article 15 Where genetic resources of livestock and poultry are to be introduced from abroad, an application shall be submitted
to the administrative department for animal husbandry and veterinary medicine under the people’s government at the provincial level;
and after examination, the administrative department for animal husbandry and veterinary medicine that accepts the application shall
submit the application to the administrative department for animal husbandry and veterinary medicine under the State Council for
approval after assessment and demonstration. Upon approval, the relevant formalities shall be gone through and quarantine inspection
shall be conducted in accordance with the provisions of the Law of the People’s Republic of China on the Entry and Exit Animal
and Plant Quarantine. 

Where it is discovered that the genetic resources of livestock and poultry introduced from abroad are harmful, or may become harmful,
to the genetic resources of livestock and poultry and the ecological environment at home, the administrative department for animal
husbandry and veterinary medicine under the State Council shall, after consultation with the relevant departments in charge, take
the necessary safety and control measures. 

Article 16 Where an entity intends to export the genetic resources of livestock and poultry included in the directory for protection
or conduct research in the utilization of the above in cooperation with a foreign institution or individual in China, it shall submit
an application, together with a plan for the benefits to be jointly shared by the countries concerned, to the administrative department
for animal husbandry and veterinary medicine under the people’s government at the provincial level; and after examination, the
administrative department for animal husbandry and veterinary medicine that accepts the application shall submit the application
to the administrative department for animal husbandry and veterinary medicine under the State Council for approval. 

Where genetic resources of livestock and poultry are to be exported abroad, the relevant formalities shall be gone through and quarantine
inspection shall be conducted in accordance with the provisions of the Law of the People’s Republic of China on the Entry and Exit
Animal and Plant Quarantine as well. 

Before newly discovered genetic resources of livestock and poultry are identified by the national commission for genetic resources
of livestock and poultry, they shall not be exported abroad, and no research in their utilization shall be conducted in cooperation
with any institution or individual from abroad. 

Article 17 The measures for examination and approval in respect of the entry and exit of genetic resources of livestock and poultry
and in respect of research in their utilization in cooperation with foreign entities shall be formulated by the State Council. 

Chapter III Selective Breeding of the Breeding Livestock and 

Poultry and Production and Operation in This Respect 

Article 18 The State gives aid to the selective breeding of different strains of livestock and poultry and to the wide use of improved
strains, supports enterprises, colleges and universities, scientific research institutions and technological popularization units
in their effort to carry out joint breeding and set up a system for the breeding of improved strains of livestock and poultry. 

Article 19 Prior to their wide use, the new strains of livestock and poultry, their synthetic strains and the newly discovered
genetic resources of livestock and poultry shall undergo verification or identification by the national commission for genetic resources
of livestock and poultry, and the administrative department for animal husbandry and veterinary medicine under the State Council
shall announce the results thereof. The measures for verification of the new strains of livestock and poultry and their synthetic
strains and the measures for identification of the genetic resources of livestock and poultry shall be formulated by the administrative
department for animal husbandry and veterinary medicine under the State Council. The expenses for testing and checking required for
verification or identification shall be borne by the applicants, and the measures for collecting such expenses shall be formulated
by the finance and pricing departments under the State Council in conjunction with the administrative department for animal husbandry
and veterinary medicine under the State Council. 

Intermediate testing conducted in respect of the new strains of livestock and poultry and their synthetic strains shall be subject
to approval by the administrative department for animal husbandry and veterinary medicine under the people’s government at the
provincial level where such testings are conducted. 

The legitimate rights and interests of the breeders of new strains of livestock and poultry and their synthetic strains shall be
protected by law. 

Article 20 The breeding, testing, verification and wide use of the transgenic strains of livestock and poultry shall be in conformity
with the regulations of the State on control of agricultural transgenic organisms. 

Article 21 The institutions for dissemination of animal husbandry and veterinary technologies at or above the provincial level
may organize to conduct registration of individual fine strains of the breeding livestock, and recommend fine strains of the breeding
livestock to the community. The rules for the registration of the fine strains of breeding livestock shall be formulated by the administrative
department for animal husbandry and veterinary medicine under the State Council. 

Article 22 Units or individuals that intend to engage in production and operation in the breeding or in the commercial production
of young livestock and poultry shall obtain the license for production and operation of breeding livestock and poultry. Applicants
shall, according to law, register with the administrative department for industry and commerce on the strength of the license for
production and operation in the breeding livestock and poultry, and they may engage in activities in this area only after obtaining
the business license. 

To obtain the license for production and operation in the breeding livestock and poultry, the applicant shall meet the following
conditions: 

(1) The breeding livestock and poultry for production and operation must be the breeds and the synthetic strains that have gone through
the verification or identification by the national commission for genetic resources of livestock and poultry, or the breeds and synthetic
strains introduced from abroad upon approval; 

(2) They have animal husbandry and veterinary technicians commensurate with the scale of production and operation; 

(3) They have the breeding facilities and equipment commensurate with the scale of the production and operation; 

(4) They have the conditions for prevention of epidemic diseases among the breeding livestock and poultry, as required by laws and
administrative regulations as well as by the administrative department for animal husbandry and veterinary medicine under the State
Council; 

(5) They have the sound systems for quality control and for recording the breeding of strains; and 

(6) They have the other conditions as provided for by laws and administrative regulations. 

Article 23 To apply for the license for production and operation of such genetic material as the ova, frozen sperms and embryos
of livestock, the applicant shall, in addition to conforming to the conditions provided for in the second paragraph of Article 22
of this Law, meet the following conditions: 

(1) the conditions for laboratories and for safekeeping and transportation, as specifies by the administrative department for animal
husbandry and veterinary medicine under the State Council; 

(2) the requirements for the quantity and quality of the breeding livestock, as specified by the administrative department for animal
husbandry and veterinary medicine under the State Council; 

(3) the embryos obtained from adoscuolation and the ova to be used come from unequivocal sources, and the donors conform to the standards
and requirements, as specified by the State with regard to the health and quality of the breeding livestock; and 

(4) other technical requirements specified by the administrative department for animal husbandry and veterinary medicine under the
State Council. 

Article 24 For obtaining the license for production and operation of such genetic material as the ova, frozen sperms and embryos
of livestock, an application shall be submitted to the administrative department for animal husbandry and veterinary medicine under
the people’s government at the provincial level. The said department that accepts the application shall, within 30 working days
from the date it receives the application, complete the examination of the application and shall submit it to the administrative
department for animal husbandry and veterinary medicine under the State Council for examination and approval; and the said department
under the State Council shall, within 60 working days from the date it receives the application, make a decision, in accordance with
law, on whether to issue such a license. 

The license for production and operation of other breeding livestock and poultry shall be issued after examination by the administrative
department for animal husbandry and veterinary medicine under the local people’s government at or above the county level. The specific
measures for examination and issuance of such license shall be formulated by a people’s government at the provincial level. 

The form of the license for production and operation of breeding livestock and poultry shall be worked out by the administrative
department for animal husbandry and veterinary medicine under the State Council, and it shall be valid for a period of three years.
The cost of such license issued may be collected. The specific administrative measures for collection of the cost shall be formulated
by the finance and pricing departments under the State Council. 

Article 25  In the license for production and operation of the breeding livestock and poultry shall clearly be stated such matters
as the name or post_title of the producer or operator, the address of the farm (factory), the scope of production or operation and the
beginning and ending dates of the valid term of the license. 

No unit or individual shall engage in production or operation of the breeding livestock and poultry without the license for the production
and operation of breeding livestock and poultry or in violation of the provisions of the license for production and operation of
the breeding livestock and poultry. Forging, altering, transferring and leasing of the license for production and operation of the
breeding livestock and poultry are prohibited. 

Article 26 There is no need for a rural household to obtain a license for production and operation of the breeding livestock and
poultry, if its breeding livestock and poultry are bred and raised for its own use or it has a small number of surplus young livestock
and poultry for sale, or if rural households raise sires to help each other in breeding. 

Article 27 Persons specially engaged in the breeding of livestock, such as artificial insemination and embryo transplantation,
shall obtain the necessary professional qualification certificate of the State. 

Article 28 To launch an advertisement for the breeding livestock and poultry, an advertiser shall provide the license for production
and operation of the breeding livestock and poultry and the business license. The contents of such advertisement shall be in conformity
with the provisions of relevant laws and administrative regulations, and the name or post_title of the verifier or identifier for the
breeds of the breeding livestock and poultry and the synthetic strains shall clearly be stated; and the descriptions of their main
characters shall be in conformity with the standards for such breeds and synthetic strains. 

Article 29 The breeding livestock and poultry for sale and the sires used by artificial insemination stations for livestock must
meet the standards for breeding. The breeding livestock and poultry for sale shall have attached to them the qualification certificate
of the breeding livestock and poultry issued by the breeding livestock and poultry farms, the quarantine certificate issued by the
supervisory institution for animal epidemic prevention, and the breeding livestock for sale shall, in addition, have attached to
them the pedigree issued by the breeding livestock and poultry farms. 

Complete records shall be kept for the collection, sale, transplantation, etc. of such genetic material produced as the ova, frozen
sperms and embryos of the livestock, and the records shall be kept for two years. 

Article 30 No entity shall commit one of the following acts in selling the breeding livestock and poultry: 

(1) to pass the breeds and synthetic strains of other livestock and poultry off as the breeds and synthetic strains of the breeding
livestock and poultry displayed for sale; 

(2) to pass the breeding livestock and poultry of an inferior generation off as the ones of a superior generation; 

(3) to pass the livestock and poultry that do not meet the breeding standards off as the breeding livestock and poultry; 

(4) to sell the breeding livestock and poultry imported without approval; 

(5) to sell the breeding livestock and poultry with no qualification certificate or quarantine certificate of the breeding livestock
and poultry attached to them, or to sell the breeding livestock with no pedigree attached to them, as provided for by Article 29
of this Law; or 

(6) to sell the breeds and synthetic strains of the breeding livestock and poultry that are not verified or identified. 

Article 31 To apply for import of the breeding livestock and poultry, the applicant shall have the license for production and operation
of the breeding livestock and poultry. The valid term of the approval document for import of the breeding livestock and poultry shall
be six months. 

The imported breeding livestock and poultry shall meet the technical requirements prescribed by the administrative department for
animal husbandry and veterinary medicine under the State Council. With respect to the breeding livestock and poultry imported for
the first time, their breeding characters shall be subject to assessment by the national commission for genetic resources of livestock
and poultry. 

In addition to the provisions of the preceding two paragraphs, the relevant provisions of Articles 15 and 16 of this Law shall be
applicable to control of the import and export of the breeding livestock and poultry. 

The State encourages the breeders of livestock and poultry to make selective breeding of new breeds and the synthetic strains of
the imported livestock and poultry; and before such new breeds and synthetic strains for selective breeding are used on a broad scale,
they shall be subject to verification by the national commission for genetic resources of livestock and poultry. 

Article 32 Where farms and hatcheries of the breeding livestock and poultry sell young livestock and poultry as commercial products,
they shall provide the buyers with the main points in relation to the young livestock and poultry they are selling as commercial
products, such as the norms of their productive properties, their immunity to diseases, and the technical requirements for their
breeding, as well as with the relevant consultancy services, and shall attach to them the quarantine certificates issued by the supervisory
institution for animal epidemic prevention. 

Where losses are caused to the breeders of livestock and poultry due to the quality of the breeding livestock and poultry sold or
the quality of the young livestock and poultry sold as commercial products, compensation for such losses shall be made according
to law. 

Article 33 The administrative department for animal husbandry and veterinary medicine under the people’s government at or above
the county level shall be in charge of supervision and control over the quality and safety of the breeding livestock and poultry.
Statutorily qualified institutions for examination of the quality of the breeding livestock and poultry shall be entrusted with the
supervision over and examination of the quality and safety of the breeding livestock and poultry; and the expenses required for such
examination shall be defrayed in accordance with the regulations of the State Council, and shall not be collected from the persons
for whom such examination has been conducted. 

Article 34 The relevant provisions of this Law shall be applicable to protection of silkworm egg resources, the selective breeding
of new strains, their production and operation, as well as their wide use. The specific administrative measures in this respect shall
be formulated by the administrative department for agriculture under the State Council. 

Chapter VI Breeding of Livestock and Poultry 

Article 35 The administrative department for animal husbandry and veterinary medicine under the people’s government at or above
the county level shall, in accordance with the development plan for animal husbandry and in compliance with market demands, give
guidance to and support the restructuring of animal husbandry, promote the production of livestock and poultry and enhance the market
competition of livestock and poultry products. 

The State assists capital construction projects in pastoral areas of grasslands, such as erecting fences, building water conservancy
projects, improving the grassland and building bases of forage grass and feeds, in order to optimize the composition of livestock
herds, improve the strains, transform the mode of production, promote the rearing of livestock in pens or sties, and rotated grazing
in demarcated areas, gradually bring about a balance between pastures and livestock and improve the ecological environment of grasslands. 

Article 36 The State Council and the people’s governments at the provincial level shall arrange such funds in their respective
financial budgets as the subsidies for fine strains and discount subsidies to assist the development of animal husbandry, and encourage
the relevant financial institutions to support, by providing loans, insurance services and other means, the breeders of livestock
and poultry to buy fine livestock and poultry, to breed fine strains, to improve production facilities, to expand the scale of breeding,
in order to increase the benefits derived from breeding. 

Article 37 The State supports rural collective economic organizations, the farmers and the cooperative economic organizations for
animal husbandry in setting up livestock and poultry breeding farms and small-scale breeding villages and developing large-scale
and standardized breeding. In the overall plans of townships (towns) for land use, arrangements shall, in the light of the local
conditions, be made for land to be used for the breeding of livestock and poultry. The land used by rural collective economic organizations,
farmers, and cooperative economic organizations for animal husbandry to set up livestock and poultry breeding farms or small-scale
breeding villages in accordance with the overall plans of townships (towns) for land use shall be administered as land for agriculture.
Where at the expiration of the period of time for the right to land use, the land used for livestock and poultry breeding farms and
small-scale breeding villages is required to be restored to the original purposes of use, the user with such right shall be responsible
for such restoration. Where for construction of permanent buildings (structures) within the scope of the land used for livestock
and poultry breeding farms or small-scale breeding villages, land for agriculture needs to be converted to other purposes of use,
the matter shall be handled in accordance with the provisions of the Land Administration Law of the People’s Republic of China. 

Article 38 The institu

CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON CORRECTING THE RELEVANT CLAUSES IN THE CHINESE VERSION OF THE TAX AGREEMENT BETWEEN THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF GEORGIA

Circular of the State Administration of Taxation on Correcting the Relevant Clauses in the Chinese Version of the Tax Agreement between
the People’s Republic of China and the Government of Georgia

Guo Shui Fa [2006] No. 124

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

The Agreement on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Incomes and Properties
between the Government of the People’s Republic of China and the Government of Georgia was subscribed in due form in Beijing on June
22, 2005. It shall enter into force on November 10, 2005 and be implemented as of January 1, 2006. The text of the aforesaid agreement
has been printed and distributed to all the regions by the State Administration of Taxation through the Document of Guo Shui Fa [2005]
No. 114 on July 6, 2005. Recently, the State Administration of Taxation found in the process of implementing the aforesaid agreement
that there were misrepresentations in Paragraph 2 of Article 10 (Dividends) in the Chinese version. In accordance with the English
version on which both parties has reached consentaneously, we hereby correct three items on collecting taxes on dividends as prescribed
in Paragraph 2 of Article 10 (Dividends) in the Chinese version, the corresponding English of which is as follows:

(1)

if the beneficial owner holds directly or indirectly at least 50% of the shares of the company paying the dividends or has invested
in the said company for up to two million euros, zero per cent of the gross amount of the dividends shall be assessed upon;

(2)

if the beneficial owner holds directly or indirectly at least 10% of the shares of the company paying the dividends or has invested
in the said company for up to 100,000 euros, five per cent of the gross amount of the dividends shall be assessed upon; and

(3)

in other circumstances, 10 per cent of the gross amount of the dividends shall be assessed upon.

The State Administration of Taxation

August 16, 2006

 
The State Administration of Taxation
2006-08-16

 




ANNOUNCEMENT NO.34, 2007 OF MINISTRY OF COMMERCE, PROMULGATING ANNOUNCEMENT ON QUALIFICATION EXAMINATION AND APPROVAL OF THE SECOND PUBLIC BIDDING OF LIGHT AND HEAVY BURNED MAGNESIUM, FLUORITE, TALC, BAUXITE, CARBORUNDUM, LIQUORICE AND LIQUORICE PRODUCTS IN 2007

Announcement No.34, 2007 of Ministry of Commerce, Promulgating Announcement on Qualification Examination and Approval of the Second
Public Bidding of Light and Heavy Burned Magnesium, Fluorite, Talc, Bauxite, Carborundum, Liquorice and Liquorice Products in 2007

[2007] No.34

In accordance with regulations of the Public Bidding Measures on Quota of Export Commodities and Detailed Implementation Regulations
of Public Bidding on Industry Products Export Quota, related issues on export quota of industrial products of the second public bidding
in 2007 are now announced as follows:

1.

Commodity

Light and heavy burned magnesium, fluorite, talc, bauxite, carborundum, liquorice and liquorice products (please refer to appendix
1 for specific commodity tariff code).

2.

Time for pubic bidding

As from May 2007, Ministry of Commerce committee of export commodity quota tendering will launch the second public bidding on export
quota of above commodities. The announcement on the bidding will be release on International Business Daily, website of Ministry
of Commerce and website of China International Electronic Commerce.

3.

Examination and approval procedures of the second public bidding in 2007

Please refer to Announcement No.84, 2006 of Ministry of Commerce for standards on qualifications of bidding enterprises of the second
public bidding of light and heavy burned magnesium, fluorite, talc, bauxite, carborundum, liquorice and liquorice products.

(1)

. Preliminary examination;

Departments of all provinces, autonomous regions, municipalities, cities specially designated in the state plan and Xinjiang Production
and Construction Corps are in charge of the preliminary examination of the local enterprises; China Chamber of Commerce of Metals
Minerals & Chemicals Importers & Exporters and China Chamber of Commerce for Import & Export of Medicines & Health
Products (hereinafter referred to as “bidding office”) are in charge of preliminary examination of enterprises directly under administration
of the central government;

Enterprises with export and supplying performance of above commodities may apply for the preliminary examination;

Departments of commercial administration and bidding offices shall examine and approve in line with related regulations.

(2)

. Review

Related bidding offices are responsible for review of bidding enterprises;

Local departments of commercial administration shall inform enterprises that pass the preliminary examination to put forward related
date and materials to bidding offices;

Bidding offices shall report the result of review to tendering committee before May 18, 2007;

Tendering committee shall examine and approve above materials for review and release announcement.

As regards technical support of internet bidding, please contact with China International Electronic Commerce Center.

Appendix:

1.

Customs Code of the Commodity

2.

Application Form for Bidding Enterprises

3.

Form on Statistics on Qualifications of Bidding Enterprises

Ministry of Commerce

Apr 10, 2007

 
Ministry of Commerce
2007-04-10

 




MEASURES FOR REGULATING THE WORK SAFETY OF ELECTRICITY

State Electricity Regulatory Commission

Order of the State Electricity Regulatory Commission

No. 2

The Measures for Regulating the Work Safety of Electricity, adopted at the executive meeting of the State Electricity Regulatory Commission,
are hereby promulgated and shall be implemented as of the date of the promulgation.

Chai Songyue, Chairman of the State Electricity Regulatory Commission

March 9, 2004

Measures for Regulating the Work Safety of Electricity

Chapter I General Provisions

Article 1

With a view to effectively implementing supervision over the work safety of electricity, safeguarding the safety of the electricity
system, and maintaining social stability, the present Measures are hereby formulated in accordance with the Production Safety Law
of the People’s Republic of China, and the Electricity Law of the People’s Republic of China and the relevant laws and regulations.

Article 2

The rudder of “safety first, focus on prevention” shall be adhered to for work safety of electricity.

Article 3

The objectives of electricity work safety shall be to maintain the safety and stability of the electricity system, ensure the normal
supply of the electricity, prevent and put an end to the occurrence of death of persons, power cut in wide areas, serious damage
of major equipments, breakdown of power plants, great fire, and other major or great accidents, and accidents that may have great
bad effects on society.

Article 4

The state advocates and encourages electricity enterprises to use, develop and popularize continuously the advanced and applicable
technical facilities that are conducive to ensuring the safety and reliability of the electricity system and to adopt scientific
management methods, in order to realize the technology innovation and management innovation of the work safety of electricity.

Article 5

These Measures shall be applicable to the power grid management enterprises, power supply or generation enterprises, engaged in the
production and management of electricity within the territory of the People’s Republic of China.

Chapter II Supervision over the Work Safety of Electricity

Article 6

Upon the authorization of the State Council, the State Electricity Regulatory Commission (hereinafter referred to as the SERC) shall
be responsible for the work of the supervision over the work safety of electricity nationwide. And the State Administration of Work
Safety shall be responsible for the work of comprehensive administration on the work safety of electricity nationwide.

Article 7

The SERC shall establish institutions for regulating the work safety of electricity, and exercise the following functions for regulating
the safety of electricity:

1.

Being responsible for organizing according to laws the formulation of the rules on and criterion for the work safety of electricity.

2.

Organizing the inspection over the work safety of electricity, urging the implementation of the various measures for work safety.

3.

Being responsible for the statistics, analysis, and publicity of the information on work safety of electricity nationwide.

4.

Organizing investigation into the major or great work safety accidents in the electricity industry nationwide.

5.

Organizing to make inspection, diagnosis, analysis and evaluation on the work safety status of the electricity industry nationwide.
And

6.

Granting honor and awards to the outstanding contributors in the work of work safety of electricity, and putting forward punishment
suggestions concerning entities or personnel that are liable for the accidents.

Chapter III Liabilities for Work Safety of Electricity Enterprises

Article 8

The electricity enterprises are the subjects of the liability for work safety of electricity. The State Power Grid Corporation of
China and the South China Power Grid Co., Ltd. shall be responsible for the safety of the power grids within their respective jurisdictions.
The State Power Grid Corporation of China shall bear the safety liability for the connected circuitry of the south China power grid
and the power grids in other regions, which shall be clarified in the power connection agreement. The electricity generation enterprises
shall be responsible for the work safety of enterprises respectively within their jurisdictions in light of the principle of “those
who are in charge shall be responsible”.

Article 9

Each electricity enterprise shall be responsible for the overall work safety of its own entity. The leading administrative person
in charge of the enterprise shall be the primary responsible person for work safety.

1.

Establishing and implementing the work safety responsibility system level by level.

2.

Establishing and improving the guarantee system for the work safety of electricity and the system of supervision over the work safety
of electricity; and strictly observing the pertinent laws, regulations and vocational rules and criterion of the state with regard
to the safety of electricity.

3.

Formulating preparatory plans for urgent handling of the accidents of work safety of electricity.

4.

Supervising or inspecting the work safety work and eliminating the hidden troubles of accidents in good time. And

5.

Implementing education and training on work safety.

Chapter IV Safety of the Electricity System

Article 10

The power grid management enterprises, power supply and generation enterprises, and the electricity users shall have the duty to maintain
the safety and stability of the electricity system together.

Article 11

For the running of the electricity system, it shall adhere to the principle of uniform dispatching, and administration by level and
shall establish the system of uniform and scientific dispatching and coordination.

Article 12

The departments managing the running of power grids and the organs for dispatching the power grids shall strictly implement the Guiding
Principles for the Safety and Stability of the Electricity System, in order to prevent the breakdown of power grid because of deviation
from the normal state; and organize to work out preparatory plans for urgent handling of accidents, fitting in with the reality of
their own grids.

Article 13

The organs for dispatching power grids at all levels are the command centers for handling the accidents of power grids. The dispatchers
on duty shall be the commanders for handling the accidents of power grids.

The dispatching organs shall strengthen coordination between power grids and power plants, establish long effective mechanism for
the safety of electricity system, and strictly implement the procedures for dispatching, so as to make strict enforcement of orders
and prohibitions.

In case accidents that may endanger the safety of electricity system occur or circumstances that may endanger the safety of power
grids are encountered, the dispatching organs shall have the authority to take necessary means and urgent handling measures.

Article 14

Where a power plant is incorporated in a power network, its excitation system and the timing system, which concern the safe and stable
running of the power grids, the relay protection system and the safety automechanism, the communications and automatic equipment
for dispatching electricity, etc., shall meet the requirements of the power grids where the power plant is located.

Article 15

The electricity consumers shall meet the requirements for the safety of power grid, and observe the provisions on safety use of electricity
during the process of using electricity.

Article 16

The electricity enterprises shall strengthen protection on electric facilities, strictly forbid the construction in violation of regulations
or the stealing of electric facilities and other conditions that may seriously endanger the safety of electricity.

Chapter V Reporting of the Information on Work Safety of Electricity

Article 17

All the power grid management enterprises, power supply and generation enterprises shall report the information on the work safety
of electricity in light of the provisions on reporting the information on work safety of electricity as prescribed by the SERC.

Article 18

When there are occurrence of the major or great personal injury or death accidents, power grid accidents, accidents of facilities
damage, and accidents of power plant breakdown, and fire accidents, it shall report to the SERC immediately. The time for reporting
such accidents shall not exceed 24 hours. And a copy of such report shall be send to the State Administration of Work Safety and
the relevant departments of the local governments.

Article 19

The information on the work safety of electricity shall be reported and sent in good time and accurately, no one may disguise the
report, give false information, or delay reporting or refuse to report.

Chapter VI Investigation and Handling of Accidents

Article 20

When an accident occurs in an electricity enterprise, the relevant personnel on the spot of the accident shall at once report to the
responsible person of the entity, who shall, after receiving the accident report, take effective measures at once, and organize the
salvage, reduce the casualty of personnel and property loss, and report to the relevant entities according to the provisions.

Article 21

The authorities for accident investigation and handling:

In regard to a major or great accident in which over 3 people died, and the direct loss is over 5 million Yuan, and for a power cut
accident in a wide range of power grids, the SERC shall be responsible for investigation and handling. In regard to a great accident
in which over 30 people died or the direct loss thereof is over 20 million Yuan, the State Administration of Work Safety shall be
responsible for the investigation and handling in accordance with the requirements of the State Administration of Work Safety.

The present provisions may also be followed for the accident for which the SERC thinks there is necessity to make investigation.

Article 22

As to accident investigation, it shall follow the principles of being practical and realistic and scientific, so as to find out the
reason, kind and liability of the accident in good time and accurately, summarize the lesson from the accident, and put forward measures
for rectification, and opinions for punishing the liable person of the accident.

Article 23

The accident investigation entities shall have the authority to take the following measures in accident investigation:

1.

Investigating the spot of the accident and obtaining evidence, asking the entity where the accident occurs and the relevant personnel
thereof to well protect the spot of the accident, and provide the original records, data and other relevant documents related to
the accident.

2.

Asking the entity where the accident occurs and the relevant personnel thereof to make explanation and statement on issues related
to the accident within a prescribed time limit. And

3.

Other measures as believed necessary.

Article 24

After the occurrence of an accident, which is confirmed through investigation as the liability accident, the SERC shall prosecute
for the liabilities of the liable entity or person according to the provisions of the relevant laws and regulations.

Chapter VII Supplementary Provisions

Article 25

The power grid management enterprises, power supply and generation enterprises may formulate implementation measures in light of the
present Measures.

Article 26

The present Measures shall enter into force as of the date of the promulgation.



 
State Electricity Regulatory Commission
2004-03-09

 







MEASURES FOR ACCREDITATION OF QUALIFICATIONS OF THE ENTERPRISES UNDERTAKING FOREIGN AID MATERIAL PROJECTS (FOR TRIAL IMPLEMENTATION)

e034082004051520040701the Ministry of CommerceOrder of the Ministry of Commerce of the People’s Republic of ChinaNo.10The Measures for Accreditation of Qualifications of the Enterprises Undertaking Foreign Aid Material Projects (For Trial Implementation),
which were adopted upon deliberation at the 4th executive meeting of the Ministry of Commerce of the People’s Republic of China on
March 12, 2004, are hereby promulgated and shall go into effect as of July 1, 2004.
Minister of the Ministry of Commerce Bo XilaiMay 15, 2004epdf/e04508.pdfA5Foreign aid, material project, accreditation of qualificationse04508Measures for Accreditation of Qualifications of the Enterprises Undertaking Foreign Aid Material Projects (For Trial Implementation)The present Measures are hereby formulated in order to regulate the administration on qualifications of the enterprises undertaking
the foreign aid material projects (hereinafter referred to the “FAMP”).
I.General Provisions1.The present Measures shall apply to the accreditation of the qualifications of the enterprises undertaking the FAMP (hereinafter referred
to as the “FAMP enterprises”).
2.The “FAMP” as mentioned in the present Measures refers to the material project (including general material project and single equipment
project) which are undertaken with the aid given gratis, gift loan, or low interests loan provided by the Chinese government to foreign
countries or under other special items of aid funds.
3.Application for qualifications of an FAMP enterprise shall be in accordance with the qualification requirements and procedures as
prescribed by the present Measures, and an enterprise may not undertake the FAMP until it is qualified upon the examination and has
obtained the qualifications of an FAMP enterprise of the corresponding grade.
II.Grade of Qualifications1.According to the present Measures, the qualifications of the FAMP enterprises are classified into Grade A, Grade B and Grade C.2.The Grade A FAMP enterprises may undertake all the FAMP. The Grade B FAMP enterprises may only undertake the FAMP with the total value
of no more than RMB 10 million Yuan. And the Grade C FAMP enterprises may only undertake the FAMP with the total value of no more
than RMB 3 million Yuan.
3.The Grade A, Grade B or Grade C FAMP enterprises shall be degraded or upgraded according to the requirements and procedures as prescribed
in the present Measures.
III.Qualification Requirements1.The Grade A FAMP enterprises shall be Chinese enterprises as legal person satisfying all of the following qualification requirements:(1)All the contributors shall be Chinese investors;(2)Having been put on records and registered as a business operator of foreign trade under the provisions of the Foreign Trade Law;(3)The registered capital shall be not less than RMB 50 million Yuan;(4)Operating without any loss for last two years prior to application (examination and verification);(5)The total volume of import and export completed in cargo trade shall be no less than 100 million dollars on average in the last two
years prior to application (examination and verification); and
(6)Having no records of being imposed upon criminal punishments or administrative sanctions due to undertaking of illegal business activities
or serious violation of the relevant provisions of the State on the administration of foreign aid within the 2 years prior to application
(examination and verification).
2.The Grade B FAMP enterprises shall be Chinese enterprises as legal person satisfying all of the following qualification requirements:(1)All the contributors shall be Chinese investors;(2)Having been put on records and registered as a business operator of foreign trade under the provisions of the Foreign Trade Law;(3)The registered capital shall be no less than RMB 10 million Yuan;(4)Operating without any loss for the last two years prior to application (examination and verification);(5)The total volume of import and export completed in cargo trade shall be no less than 50 million dollars on average in last two years
prior to application (examination and verification); or having undertaken the FAMP in last two years prior to application (examination
and verification) and the accumulative contracted value of projects implemented shall be no less than RMB 20 million Yuan; and
(6)Having no records of being imposed upon criminal punishments or administrative sanctions due to undertaking of illegal business activities
or serious violation of the relevant provisions of the State on the administration of foreign aid within 2 years prior to application
(examination and verification).
3.The Grade C FAMP enterprises shall be Chinese enterprises as legal person satisfying all of the following qualification requirements:(1)All the contributors shall be Chinese investors;(2)Having been put on records and registered as a business operator of foreign trade under the provisions of the Foreign Trade Law;(3)Operating without any loss for last two years prior to application (examination and verification);(4)Having undertaken the FAMP in last two years prior to application (examination and verification) and the accumulative contracted value
of projects implemented shall be no less than RMB 10 million Yuan; and
(5)Having no records of being imposed upon criminal punishments or administrative sanctions due to undertaking of illegal business activities
or serious violation of the relevant provisions of the State on the administration of foreign aid within 2 years prior to application
(examination and verification).
IV.Procedures for Qualification Application and Accreditation1.Enterprises under the Central Government shall apply to the Ministry of Commerce for the qualifications of an FAMP enterprise.Other enterprises shall apply to the competent commerce departments of the provinces, autonomous regions and municipalities directly
under the Central Government (hereinafter referred to as the “provincial competent commerce departments”) of the registration place.
And the provincial competent commerce departments shall complete the preliminary examination and verification within 20 working days
as of the date of receipt of the application. If the application passes the preliminary examination and verification, they shall
submit to the Ministry of Commerce the opinions of the preliminary examination and verification together with the application documents
of the enterprise for approval.
2.An enterprise shall provide the following application documents when applying for qualifications of an FAMP enterprise:(1)Letter of application;(2)Photocopy of business license of the legal entity;(3)Capital verification report;(4)Documents of identity certificates of contributors (if the contributors are natural persons, their identity certificates and the photocopies
thereof shall be provided. If the contributors are non-natural persons, their registration certificates and the photocopies thereof,
identity certificates of their legal representatives and the photocopies thereof shall be provided);
(5)Documents certifying it has been put on records and registered as a business operator of foreign trade;(6)Financial statements of the enterprise in the last two years which have been audited by an accounting institution or auditing institution;(7)Statement of the enterprise on the fact that it has no records of being imposed upon criminal punishments or administrative sanctions
due to undertaking of illegal business activities or serious violation of the relevant provisions of the State on the administration
of foreign aid; and
(8)Other documents required by the Ministry of Commerce if necessary.3.The Ministry of Commerce shall complete the examination and verification within 20 working days from the date of accepting the application
of the under the Central government or receiving the preliminary examination and verification documents from the provincial competent
commerce departments, and announce the conclusions within 10 working days after completing the examination and verification.
V.Administration on Qualifications1.In case an enterprise qualified for an FAMP enterprise, meet with any of the following changes, it shall file them with the Ministry
of Commerce for record within one month from the date of change:
(1)Change of the name of the enterprise;(2)Change of the domicile of the enterprise;(3)Change of the legal representative of the enterprise; or(4)Change of contributors.An enterprise that is not under the Central Government shall send a copy of the said documents to the provincial competent commerce
department of its registration place at the same time.
2.The Ministry of Commerce shall implement dynamic qualification management on the enterprises that have obtained the qualifications
of an FAMP enterprise, examine and verify their qualifications once every 2 years since the year of trial implementation of the present
Measures, and issue a notice in this regard prior to each examination and verification. Those enterprises that have obtained the
qualifications of an FAMP enterprise in the year of qualification examination and verification may not take part in the qualification
examination and verification for the same year.
3.An enterprise taking part in the qualification examination and verification shall submit the following documents to the Ministry of
Commerce before the deadlines as prescribed in the notice of qualification examination and verification:
(1)Letter of application for the qualification verification and examination;(2)Photocopy of business license of the legal entity;(3)Capital verification report;(4)Documents of identity certificates of contributors (if the contributors are natural persons, their identity certificates and the photocopies
thereof shall be provided. If the contributors are non-natural persons, their registration certificates and the photocopies thereof,
identity certificate of their legal representatives and the photocopies thereof shall be provided);
(5)Documents certifying it has been put on records and registered as a business operator of foreign trade;(6)Financial statements of the enterprise in the last two years which have been audited by an accounting institution or auditing institution;(7)Statement of the enterprise on the fact that it has no records of being imposed upon criminal punishments or administrative sanctions
due to undertaking of illegal business activities or serious violation of the relevant provisions of the State on the administration
of foreign aid with 2 years prior to examination and verification; and
(8)Other documents required by the Ministry of Commerce if necessary.4.An enterprise applying for being upgraded shall, in addition to submitting the said documents for the purpose of examination and verification,
apply officially for being upgraded in the letter of application for qualification examination and verification, and shall be upgraded
if it conforms to the qualification requirements for upgrading upon examination and verification.
5.If, upon examination and verification, an enterprise fails to satisfy the qualification requirements of FAMP enterprise of an upper
grade but meets those of a lower grade, the enterprise shall be automatically downgraded to the corresponding grade. If, upon examination
and verification, an enterprise fails to satisfy the qualification requirements for any grade of the FAMP enterprise, shall be automatically
disqualified for being an FAMP enterprise.
6.If an FAMP enterprise fails to submit the documents for examination and verification before the deadline as prescribed in the notice
of qualification examination and verification, it shall be automatically disqualified for being an FAMP enterprise.
7.An enterprise that is automatically disqualified for being an FAMP enterprise may not reapply for such qualifications within one year
from the deadline for submitting the documents for examination and verification as prescribed in the notice of qualification examination
and verification.
8.The Ministry of Commerce shall complete the examination and verification within 20 working days after expiration of the deadline for
submitting the documents for examination and verification as prescribed in the notice of qualification examination and verification,
and announce the conclusions within 10 working days after completing the examination and verification.
9.Where an enterprise obtains the qualification of an FAMP enterprise by such improper means as cheating or bribery, the Ministry of
Commerce shall have the power to revoke its qualifications.
VI.Supplementary Provisions1.The “Chinese investors” as mentioned in the present Measures may not include the foreign-funded enterprises.2.The present Measures shall go into effect as of July 1, 2004.3.The power to interpret the present Measures shall reside in the Ministry of Commerce.



 
the Ministry of Commerce
2004-05-15

 







THE CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON EXEMPTION FROM BUSINESS TAX ON INSURANCE PROCEEDS OF HUATAI INSURANCE COMPANY OF CHINA, LTD.

The State Administration of Taxation

The Circular of the State Administration of Taxation on Exemption from Business Tax on Insurance Proceeds of Huatai Insurance Company
of China, Ltd.

Guo Shui Han [2004] No. 1165

The local taxation bureaus of all provinces, autonomous regions and cities specifically designated in the state plan:

Pursuant to relevant provisions of the Circular on Exemption from Business Tax on Certain Items (Cai Shui [1994] No.002) and the Circular
on Certain Issues of the Exemption from Business Tax on Life Insurance Business (Cai Shui [2001] No.118) of the Ministry of Finance
and the State Administration of Taxation, it is decided after deliberation to exempt from business tax on the insurance proceeds
gained from the “Huatai An Yi Financial Personal Vehicle Accident Insurance”, which is operated by Huatai Insurance Company of China,
Ltd. and satisfies the exemption terms and conditions.

The State Administration of Taxation

October 18th, 2004



 
The State Administration of Taxation
2004-10-18

 







CATALOGUE FOR THE GUIDANCE OF FOREIGN INVESTMENT INDUSTRIES (AMENDED IN 2004)

e02773

the State Development and Reform Commission, the Ministry of Commerce

Order of the State Development and Reform Commission, the Ministry of Commerce of the People’s Republic of China

No.24

The Catalogue for the Guidance of Foreign Investment Industries and its Attachment have been amended and are promulgated now for the
purpose of meeting the need of economy and social development and adjustment of industrial structure, and shall come into force on
January 1st, 2005. The Catalogue for the Guidance of Foreign Investment Industries which was promulgated by the former State Development
Planning Commission, the former State Economy and Trade Commission and the former Ministry of Foreign Trade and Economic Cooperation
on March 11, 2002 shall be annulled at the same time.

Ma Kai, Director of the State Development and Reform Commission

Bo Xilai, Minister of the Ministry of Commerce

November 30, 2004

Catalogue for the Guidance of Foreign Investment Industries (Amended in 2004) Catalogue of Encouraged Foreign Investment Industries

I.

Farming, Forestry, Animal Husbandry and Fishery Industries

1.

Improvement of low and medium yielding field

2.

Planting technology, without social effects of pollution, of vegetables (including edible fungus and melon-watermelon), fruits, teas
and serial development and production of these products

3.

Development and production of new breed varieties (excluding those gene-modified varieties) of fine quality, high-yielding crops such
as sugar-yielding crops, fruit trees, flowers and plants, forage grass and related new techniques

4.

Production of flowers and plants, and construction and operation of nursery base

5.

Reusing in fields and comprehensive utilization of straws and stalks of crop, development and production of resources of organic fertilizers

6.

Cultivation of traditional Chinese medicines (equity joint ventures or contractual joint ventures only)

7.

Planting of forest trees (including bamboo) and cultivation of fine strains of forest trees

8.

Planting of caoutchoucs, sisals and coffees

9.

Breeding of quality varieties of breeder animals, breeder birds and aquatic offspring (excluding precious quality varieties peculiar
to China)

10.

Breeding of famous, special and fine aquatic products, as well as cage culture in deep water

11.

Construction and operation of ecological environment protection projects preventing and treating desertification and soil erosion
such as planting trees and grasses, etc.

II.

Mining and Quarrying Industries

*1.

Venture prospecting and exploitation of petroleum, natural gas

*2.

Exploitation of oil and gas deposits (fields) with low osmosis

*3.

Development and application of new technologies that can increase the recovery factor of crude oil

*4.

Development and application of new technologies for prospecting and exploitation of petroleum, such as geophysical prospecting, well
drilling, well-logging and downhole operation, etc.

5.

Prospecting and exploitation of coal and associated resources

6.

Prospecting and exploitation of coal-bed gas

7.

Exploration and beneficiation of gold mines with low quality or difficult to beneficiate (equity joint ventures or contractual joint
ventures only)

8.

Prospecting, exploitation, and beneficiation of iron ores and manganese ores

9.

Prospecting and exploitation of copper ores, plumbum ores and zinc ores (equity joint ventures or contractual joint ventures only,
wholly foreign-owned enterprises are permitted in west regions)

10.

Prospecting and mining of aluminum ores (equity joint ventures or contractual joint ventures only, wholly foreign-owned enterprises
are permitted in west regions)

11.

Mining and beneficiation of chemical mines including sulfur ores, phosphate ores, kalium ores, etc.

III.

Manufacturing Industries

1.

Food Processing Industry

(1)

Storage and processing of food, vegetables, fruits, fowl and livestock products

(2)

Aquatic products processing, seashell products cleansing and processing, and development of function food made from seaweed

(3)

Development and production of drinks of fruits, vegetables, albumen, teas and coffees

(4)

Development and production of fond for babies and agedness, as well as function food

(5)

Production of dairy products

(6)

Development and production of biology feeds and albumen feeds

2.

Tobacco Processing Industry

(1)

Production of secondary cellulose acetate and processing of tows

(2)

Production of tobacco slices in the way of paper making

3.

Textile Industry

(1)

Production of special textiles for engineering use

(2)

Weaving and dyeing as well as post dressing of high-grade loomage face fabric

4.

Leather, Coat Products Industry

(1)

Processing of wet blue skin of pig, cow and sheep with new technology

(2)

Post ornament and processing of bather with new technology

5.

Lumber Processing Industry and Bamboo, Bine, Palm, Grass Products Industry

(1)

Development and production of new technology and products for the comprehensive utilization of “sub-quality, small wood and fuel wood”
and bamboo in the forest area

6.

Paper Making and Paper Products Industry

(1)

Project based on the mode of integration of forest and paper with an annual production capacity of over 300 thousand tons of chemical
wood pulp or an annual production capacity of over 100 thousand tons of chemical mechanical wood pulp (equity joint ventures or contractual
joint ventures only)

(2)

Production of high-quality paper and cardboard (equity joint ventures or contractual joint ventures only)

7.

Petroleum Refining and Coking Industry

(1)

Deep processing of needle coke and coal tar

(2)

Production of heavy traffic road asphalt

8.

Chemical Raw Material and Products Manufacturing Industry

(1)

Production of alkene through catalyzing and cracking of heavy oil

(2)

Production of ethylene with an annual production capacity of 600 thousand tons or over (the Chinese partners shall hold relative majority
of shares)

(3)

Comprehensive utilization of ethylene side-products such as C5-C9

(4)

Mass production of corvic (in the way of ethylene)

(5)

Production of organochlorine serial chemical industrial products (excluding high-residual organochlorine products)

(6)

Production of basic organic chemical industrial raw materials such as the of benzene, methylbenzenc, dimethylobenzene, etc. and its
derivatives

(7)

Production of supporting raw materials for synthesized materials (bisphenol-A, (4)’ diphenylmethane, diiso-cyan ester, and vulcabond
toluene)

(8)

Production of synthetic fibre raw materials: precision terephthalic acid, vinyl cyanide, caprolactam and nylon 66 salt

(9)

Production of synthetic rubber (liquid butadiene styrene rubber by butadiene method, butyl rubber, isoamyl rubber, butadiene neoprene
rubber, butadiene rubber, acrylic rubber, chlorophydrin rubber)

(10)

Production of engineering plastics and plastic alloys

(11)

Fine chemistry industry: new products and technology for catalytic agent, auxiliary and pigment; processing technology for the commercialization
of dye (pigment); production of high-tech chemicals for electronics and paper-making, food additives, feed additives, leather chemical
products, oil-well auxiliaries, surface active agent, water treatment agent, adhesivcs, inorganic fibre, inorganic powder stuffing
and equipment

(12)

Production of auxiliary agent, preparation agent, and dye-stuff for textile and chemical fibre ladder

(13)

Production of depurant of automobile tail gas, catalyzer and other assistant agents

(14)

Production of nature spices, synthetic spices and single ion spices

(15)

Production of high capability dope

(16)

Production of chloridized titanium white

(17)

Production of chlorofluorocarbon substitution

(18)

Production of mass coal chemical industrial products

(19)

Development and production of new technology and products for the forestry chemicals

(20)

Production of ion film for caustic soda

(21)

Production of biologic fertilizers, high-density fertilizers (potash fertilizer, phosphate fertilizer) and compound fertilizers

(22)

Development and production of new varieties of effective, low poison and low residual agriculture chemicals and pesticides

(23)

Development and production of biology agriculture chemicals and pesticides

(24)

Development and production of inorganic, organic and biologic films for environment protection

(25)

Comprehensive utilization and disposure of exhaust gas, discharge liquid, waste residue

9.

Medicine Industry

(1)

Production of material medicines under patent and administrative protection in our country or chemical material medicines which we
have to import

(2)

Vitamins: production of niacin

(3)

Amino acid: production of serine, tryptophan, histidine, etc.

(4)

Production of analgesic-antipyretic medicines with new technique and new equipment

(5)

Production of new variety of anticarcinogen medicines, as well as cardiovascular and cerebrovascular medicines

(6)

Production of new, effective and economical contraceptive medicines and devices

(7)

Production of new variety of medicines which are produced by means of biological engineering technology

(8)

Production of vaccine through genie engineering technology (vaccine against AIDS, vaccine against type-C hepatitis, contraceptive
vaccine, etc.)

(9)

Development and production of medicines made from allopelagics

(10)

Production of diagnostic reagent for AIDS and radioimmunity diseases

(11)

Medicines and pharmaceutics: production of new products and new dosage forms adopting new techniques such as slow release, control
release, target preparation and absorbed through skins

(12)

Development and applications of new variety of adjuvant medicines

(13)

Processing and production of traditional Chinese herb medicines, products which distill from traditional Chinese herb medicines and
Chinese patent medicines (excluding preparing technique of traditional Chinese medicines in small pieces ready for decoction)

(14)

Production of biological medical materials and products

(15)

Production of antibiotic material medicines used for animals (including antibiotics and chemical synthesis medicines)

(16)

Development and production of new products and new dosage forms of antibiotic medical, anthelmintic, insecticide, anti-coccidiosis
medicines used for animals

10.

Chemical Fibre Manufacturing Industry

(1)

Production of differential chemical fibre and high, new technological fibre such as aromatic synthetic fibre, functional environment-amicable
ammo synthetic fibre with an annual production capacity of over 5000 tons, carbon fibre, high tensible and high modulus polythene

(2)

Production of chemical fibre of environmental protection variety such as direct viscose and asepsis spinning, etc.

(3)

Production of polyester used for non-fibre with a daily production capacity of over 500 tons, and production of new type polyester
used for fibre and non-fibre (poly terephthalic acid propylene glycol ester, poly sebacic acid glycol ester, polybutylene terephthalate(PBT),
etc.)

11.

Plastic Products Industry

(1)

Production of polyamide film which can keep fresh

(2)

Development and production of new products and new technologies for agricultural films (photolysis film, multifunctional film and
the raw materials, etc.)

(3)

Reutilization and counteraction of waste and old plastic

12.

Non-metal Mineral Products Processing Industry

(1)

Production of fine-quality floating glass with a daily melting capacity of 500 tons or over (only in mid-west region of China)

(2)

Production of new type dry process cement of clinker with a daily output capacity of 2,000 tons or over (only in midwest region of
China)

(3)

Production of glass fibre (product line with technology of wire drawing in tank furnace) and glass fibre reinforced plastic products
with an annual capacity of 10,000 tons or more

(4)

Production of high level sanitation porcelain with an annual production of 500,000 pieces or over

(5)

Standardization refine of ceramic material and production of high-level decorative materials used for ceramics

(6)

Production of high-level refractory material used in furnaces for glass, ceramics and glass fibre

(7)

Production of inorganic, non-metal materials and products (artificial crystal, high-capability complex materials, special kind of
glass, special kind of ceramics, special kind of airproof materials and special kinds of cementation materials)

(8)

Production of new type of building materials (lightweight high-intensity and multi-function materials for wall, high-level environment
protecting decorating and finishing materials, high quality water-proof and airproof materials, and effective thermal insulation
materials)

(9)

Deep processing of non-metal mineral products (super-thin comminution, high level pure, fine production, modification)

13.

Ferrous Metallurgical Smelting and Rolling Processing Industry

(1)

Production of direct and fusion reduced iron

14.

Non-Ferrous Metallurgical Smelting and Rolling Processing Industry

(1)

Smelting of gold mines with low quality or difficult to beneficiate (equity joint ventures or contractual joint ventures only, wholly
foreign-owned enterprises are permitted in west regions)

(2)

Production of hard alloy, tin compound and antimony compound

(3)

Production of non-ferrous composite materials, new type of alloy materials

(4)

Utilization of rare-earth

15.

Metal Products Industry

(1)

Design and manufacturing of non-metal products molds

(2)

Design and manufacturing of car and motorcycle molds (including plunger die, injection mold, moldingdie, etc.) and chucking appliances
(chucking appliances for welding, inspection jig, etc.)

(3)

Development and production of high-grade hardware for construction, hot-water heating equipment and hardware parts

16.

General Machine-building Industry

(1)

Manufacturing of numerically controlled machine tools, digital control system and servomechanism installations which exceed triaxiality
linkage

(2)

Manufacturing of high performance welding robot and effective welding and assembling production equipment

(3)

Production of high temperature resistant and insulation material (with F, H insulation class), as well as insulation shaped parts

(4)

Production with techniques of proportional, servo-hydraulic pressure, low-power pneumatic control valve and stuffing static seal

(5)

Production of precision plunger dies, precision cavity molds and standard components of molds

(6)

Manufacturing of precision hearings and all kinds of bearings used specially for principal machines

(7)

Manufacturing of casting and forging workblanks for cars and motorcycles

17.

Special Equipment Manufacturing

(1)

Development and manufacturing of new technology and equipment for the storage, preservation, classifying, packing, drying, transporting
and processing of food, cotton, oil, vegetables, fruits, flowers, pastura plants, meat and aqua-products

(2)

Manufacturing of facility agriculture equipment

(3)

Manufacturing of new technical agriculture and forestry equipment

(4)

Design and manufacturing of engines for tractors, combine harvesters, etc.

(5)

Manufacturing of equipment for reusing in fields and comprehensive utilization of straws and stalks of crop

(6)

Manufacturing of equipment for comprehensive utilization of waste agriculture products and waste fowl and livestock products which
are bred in scale

(7)

Manufacturing of water-saving irrigation equipment with new technique

(8)

Manufacturing of earthwork for wet land and desilting machines

(9)

Technology of hydrophily ecological system for protecting environment and equipment manufacturing

(10)

Manufacturing of equipment for scheduling system which is used in long-distance transmitting water engineering

(11)

Manufacturing of special machines and equipment for flood prevention and emergency rescue

(12)

Manufacturing of key equipment in food industry such as high-speed asepsis canning equipment and brander equipment, etc.

(13)

Production technology and key equipment manufacturing of aminophenol, zymin, food additive

(14)

Manufacturing of complete set equipment with a hourly feed processing capacity of 10 tons or more and key spare parts

(15)

Manufacturing of multi-color offset press for web and folio of paper or larger size

(16)

Manufacturing of equipment with new technique for post ornament and processing of leather

(17)

Manufacturing of high-tech involved special industrial sewing machines

(18)

Manufacturing of complete set of equipment of new type of knitting machines, new type of paper (including pulp) making machines

(19)

Design and manufacturing of new type of mechanical equipment for highways and ports

(20)

Manufacturing of equipment for highways and bridges maintenance, automatic detection

(21)

Manufacturing of equipment for operation supervisory control, ventilation, disaster prevention and rescue system of highway and tunnels

(22)

Design and manufacturing of large equipment for railway construction and maintenance

(23)

Manufacturing of equipment for garden machines and tools with new technique

(24)

Manufacturing of special equipment for cities’ sanitation and environment work

(25)

Manufacturing of machines for road milling and overhauling

(26)

Manufacturing of tunneling diggers, equipment of covered digging for city metro

(27)

Manufacturing of city sewage-disposal equipment with capacity of 80,000 tons/day or more, industrial sewage film treatment equipment,
up-flow anaerobic tluidized bed equipment, and other biological sewage disposal equipment, recycling equipment for waste plastics,
desulphurization and denitration equipment for industrial boiler, large high-temperature resistant, acid resistant bag dust remover,
incinerating equipment for rubbish treatment

(28)

Manufacturing of turbine compressors and combined comminutors of the complete set equipment with an annual production capacity of
300,000 tons or over of synthetic ammonia, 480,000 tons or over of urea, 450,000 tons or over ethylene

(29)

Technique for desulfurization of thermal power station and equipment manufacturing

(30)

Manufacturing of sheet conticasters

(31)

Deep processing technique and equipment manufacturing of plate glass

(32)

Manufacturing of equipment for downhole trackless mining, loading and transporting, mechanical power-driven dump trucks for mining
of 100 tons or over, mobile crushers, 3,000 m3 /h or over bucket excavator, 5 m3 or larger mining loader, full-section tunneling
machines

(33)

Design and manufacturing of new instruments and equipment for prospecting and exploitation of petroleum

(34)

Manufacturing of cleaning equipment for electromechanical wells and production of medical

(35)

Manufacturing of electronic endoscopes

(36)

Manufacturing of medical X-ray machines set with high-frequency technique, direct digital imagery processing technique and low radiation
(80kW or over)

(37)

Manufacturing of equipment for high magnetic field intensity and superconduct (MRI)

(38)

Manufacturing of machines for collecting blood plasm only

(39)

Manufacturing of equipment for auto elisa immuno system (including the functions of application of sample, elisa photo meter, wash
plate, incubation, data, post treatment, etc.)

(40)

New techniques of quality control of medicine products and new equipment manufacturing

(41)

New analytical techniques and extraction technologies, and equipment development and manufacturing for the effective parts of traditional
Chinese medicines

(42)

Producing and manufacturing of new packing materials, new containers for medicine, and advanced medicine producing equipment

18.

Communication and Transportation Equipment Industries

*(1)

Manufacture of complete automobiles (including R&D activities)

(2)

Manufacture of engines for automobiles (including R&D activities)

(3)

Manufacture of key spare parts for automobiles: complete disc brakes, complete driving rods, automatic gearboxes, fuel pumps of diesel
engine, inhalant supercharger of engines, electromotion steering system, adhesive axial organ(used for four-wheel drive), gas filling
vibration abosorber,air spring, hydraulic tappet, cluster gauge

(4)

Production of automobile electronic devices(including engine control system, underchassis control system, autocar body electric control
system)

(5)

Manufacture of vehicles for special-purpose in petroleum industry: vehicles for deserts, etc.

(6)

Technology and equipment for railway transportation: design and production of locomotives and main parts, design and production of
equipment for railways and bridges, related technology and equipment production for rapid transit railway, production of equipment
for communicational signals and transportation safety monitoring, production of electric railway equipment and instrument

(7)

Equipment for urban rapid transit track transportation: design and manufacture of sc( of powered car and main parts for metro, city
light rail

(8)

Design and manufacture of civil planes (Chinese partner shall hold the majority of shares)

(9)

Production of spares parts for civil planes

(10)

Design and manufacture of civil helicopters {Chinese partner shall hold the majority of shares)

(11)

Design and manufacture of aeroplane engines (Chinese partner shall hold the majority of shares)

(12)

Design and manufacture of civil air-borne equipment (Chinese partner shall hold the majority of shares)

(13)

Manufacture of light gas-turbine engine

(14)

Design and manufacture of crankshafts of low-speed diesel engine for vessel

(15)

Repairing, design and manufacture of special vessels, high-performance vessels (the Chinese party shall hold the relative majority
of shares)

(16)

Design and manufacture of the equipment and accessories of high-speed diesel engines, auxiliary engines, radio communication and navigation
for vessels (the Chinese party should hold relative majority shares)

(17)

Manufacture of fishing boats and yachts made of glass fibre reinforced plastic

19.

Electric Machinery and Equipment Industries

(1)

Fire power equipment: manufacture of super-critical units of over 600,000 KW, large gas turbines, gas-steam combined cycle power equipments
of over 100,000 KW, coal gasification combined cycle technique and equipment (IGCC), pressure boost fluidized bed (PFBC), large scale
air cooling generating units of over 600,000 KW, large scale cycle fluidized bed (CFB) boiler(limited to equity joint ventures and
cooperative joint ventures)

(2)

Hydropower plant equipment: manufacture of large pump-storage power units of 150,000kW and over, large tubular turbine units of 150,000KW
or over (equity joint ventures or contractual joint ventures only)

(3)

Nuclear-power plant equipment: manufacture of power units of 600,000KW or over (equity joint ventures or contractual joint ventures
only)

(4)

Power transmitting and transforming equipment: manufacture of super high-voltage DC power transmitting and transforming equipment
of 500 KW or over (equity joint ventures or contractual joint ventures only)

20.

Electronic and Telecommunications Industries

(1)

Manufacture of digital television, digital video camera, digital record player, digital sound-playing equipment

(2)

Manufacture of new type plate displays, medium and high resolution color kinescope and glass shielding

(3)

Manufacture of devices, such as key optic engine, light source, projection screen, high resolution projection tube and LCOS module
used in large screen color projection display

(4)

Manufacture of digital audio and visual coding or decoding equipment, digital broadcasting TV studio equipment, digital cable TV system
equipment, digital audio broadcast transmission equipment

(5)

Design of integrated circuit and production of large scale integrated circuit with a line width of 0.35 micron or smaller

(6)

Manufacture of medium- and large-sized computers, portable microcomputers, high-grade server

(7)

Development and manufacture of drivers of high capacity compact disk and disk and related parts

(8)

Manufacture of 3-dimension CAD, CAT, CAM, CAE and other computer application system

(9)

Development and manufacture of software

(10)

Development and production of materials specific for semi-conductor and components

(11)

Manufacture of electronic equipment, testing equipment, tools and moulds

(12)

Manufacture of new type electronic components and parts (slice components, sensitive components, sensors, frequency monitoring and
selecting components, hybrid integrated circuit, electrical and electronic components, photoelectric components, new type components
for machinery and electronics)

(13)

Manufacture of hi-tech green batteries: non-mercury alkali-manganese batteries, powered nickel-hydrogen batteries, lithium-ion batteries,
high-capacity wholly sealed maintenance-proof lead-acid accumulators, fuel batteries, pillar-shaped zinc-air batteries

(14)

Development and manufacture of key components for high-density digital compact disk driver

(15)

Reproduction of read-only compact disk and manufacture of recordable compact disk

(16)

Design and manufacture of civil satellites {Chinese partner shall hold the majority of shares)

(17)

Manufacture of civil satellites effective payload (Chinese partner shall hold the majority of shares)

(18)

Manufacture of spare pans for civil satellites

(19)

Design and manufacture of civil carrier rockets (Chinese partner shall hold the majority of shares)

(20)

Manufacture of telecommunication system equipment for satellites

(21)

Manufac

SUPPLEMENTARY AGREEMENT NO 3 TO MACAO/MAINLAND CLOSER ECONOMIC PARTNERSHIP ARRANGEMENT

Supplementary Agreement No 3 to Macao/Mainland Closer Economic Partnership Arrangement

The Ministry of Commerce
June 26, 2006

For the purpose of further enhancing the level of economic and trade exchanges and cooperation between the Mainland (which refers
to all the tariff territory of the People’s Republic of China in CEPA) and Macao SAR (hereinafter referred to as “Macao”), and in
accordance with the Mainland and Macao Closer Economic Partnership Arrangement (hereinafter referred to as “CEPA”) signed on October
17, 2003, the Supplementary Agreement to CEPA as signed on October 29, 2004 as well as the Supplementary Agreement No. 2 to CEPA
as signed on October 21, 2005, two sides agreed to sign the present Supplementary Agreement to further expand the trade in services
in the Mainland for Macao and to enhance the cooperation between two sides in the field of trade and investment facilitation.

1.

Trade in Services

(1)

The market access requirements shall be further relaxed by the Mainland as of January 1, 2007 in the fields of law, construction,
exhibition, audio and video, distribution, tourism, transportation and individual industry and commerce on the basis of the commitments
to open the trade in services in CEPA, the Supplementary Agreement to CEPA, and the Supplementary Agreement NO. 2 to CEPA. Specific
contents are stated in the Appendixes of the present Agreement.

(2)

The present Agreement Appendixes supply and amend Table 1 of Appendix 4 of CEPA (The Mainland’s Specific Commitments for Opening the
Trade in Services to Macao), Appendix 3 of the Supplementary Agreement to CEPA (The Supplement and Amendment to the Mainland’s Specific
Commitments for Opening the Trade in Services to Macao) and Appendix 2 of the Supplementary Agreement No. 2 to CEPA (The Supplement
and Amendment No. 2 to the Mainland’s Specific Commitments for Opening the Trade in Services to Macao). In the case of any conflict
between the provisions of the above-mentioned three instruments, the provisions in the present Agreement Appendixes shall prevail.

(3)

Service suppliers as referred to in the present Agreement Appendixes shall meet the related requirements as provided for in Appendix
5 of “CEPA” (Definition of Service Supplier and Relevant Requirements).

2.

Trade and Investment Facilitation

(1)

For the purpose of supporting and coordinating appropriate diversity of Macao industrial structure and promoting the exhibition industrial
development of two sides, two sides have agreed unanimously to complementally incorporate the exhibition industry cooperation into
the field of trade and investment facilitation in CEPA, and accordingly, Article 9 in the CEPA Appendix 6 is amended as:

“Two sides have realized that the reinforcement of industrial cooperation and exchanges will be beneficial to the industry as well
as the whole social and economic development of two sides in accordance with the principle of complementary strengths. And two sides
will implement cooperation in Chinese medicine industry and exhibition industry, and are also considering to implement special cooperation
in other industries at an appropriate time.”

(2)

For the purpose of promoting the two sides cooperation in the field of intellectual property protection, two sides have agreed unanimously
to incorporate the intellectual property protection into the field of trade and investment facilitation in CEPA, and accordingly:

a. Paragraph 1 of Article 17 of CEPA shall be amended as:

“(1) Two sides will promote cooperation in areas as follows:

(a)

trade and investment promotion;

(b)

customs facilitation;

(c)

commodity inspection, inspection and quarantine of animals and plants, food security, health quarantine, certification and standardization
management;

(d)

electronic commerce;

(e)

transparency in laws and regulations;

(f)

small and medium-sized enterprises cooperation;

(g)

industrial cooperation; and

(h)

intellectual property protection.”

b. Article 2 of the CEPA Appendix 6 shall be amended as:

“II. Two sides consent to implement the cooperation of trade and investment facilitation in such eight fields as trade and investment
promotion, customs facilitation, commodity inspection, inspection and quarantine of animals and plants, food safety, health quarantine,
certification and standardization management, electronic commerce, transparency in laws and regulations, small and medium-sized enterprise
cooperation, industrial cooperation, and intellectual property protection. And the related cooperation shall be implemented under
the guidance and coordination of the joint guidance committee established under Article 19 of CEPA.”

c. One article shall be added to CEPA Appendix 6 as Article 10 , and the sequential numbers of the following articles shall be changed
accordingly. The Article 10 shall be:

“X. Intellectual Property Protection

Two sides have realized that the reinforcement of intellectual property protection has an reaching importance for promoting economic
development of two sides as well as the economic trade exchanges and cooperation of two sides, and consent to enhance the cooperation
in the field of intellectual property protection.

(1)

Cooperation Mechanism

The cooperation of two sides in the field of intellectual property protection shall be enhanced through the cooperation mechanism
between the governments of two sides.

(2)

Contents of Cooperation

Two sides consent to enhance the cooperation in the areas as follows:

(a)

conducting exchanges and communications of the information concerning intellectual property protection through the establishment of
a mediation center for protecting intellectual property in Macao;

(b)

exchanging information in respect of the formulation and implementation of laws and regulations concerning protecting intellectual
property;

(c)

sharing materials and information concerning intellectual property protection through implementing inspections, holding seminars,
publishing related publications or other ways; and

(d)

implementing consultations for the matters derived from intellectual property protection.”

3.

Appendixes

The Appendixes of the present Agreement form an integral part of the present Agreement.

4.

Entry into Force

The present Agreement shall enter into force as from the signature date by the representatives of two sides.

Done in Chinese in duplicate.

Signed in Macao on June 26, 2006.

Mr. Liao Xiaoqi (signature)

Vice Minister of the Ministry of Commerce of the People’s Republic of China

Mr. Tam Pak Yuen (Signature)

Secretary for the Economy and Finance of Macao SAR of the People’s Republic of China



Appendix

￿￿

Appendix:

Supplement and Amendment No. 3 to the Mainland￿￿s Specific Commitments for Opening the Trade in Service to Macao

￿￿

￿￿￿￿(The category of service sectors (GNS/W/120) as prescribed in the General Agreement on Trade in Services of the WTO shall apply to the category of service sectors herein. The corresponding classification of central products by the United Nations (CPC, United Nations Provisional Central Product Classification) shall be referred to for the contents of the sectors).

Sector or sub-sector

1. Business services

￿￿A. Specialized services

￿￿￿￿a. Legal services (CPC861)

Specific commitments

1.In the law offices within the Mainland that conduct joint business with those in Macao, there is no requirement for the number of full-time lawyers.

2. There is no requirement for the time of residence of the representatives of Macao law offices stationed in Mainland representative offices.

3. Any Macao resident having obtained the qualification of Mainland lawyers or legal profession as well as the lawyer￿￿s practicing license is allowed to act as an agent of Macao-related marriage and inheritance cases with the identity of Mainland lawyers.

4. With the identity of a citizen, any Macao lawyer is allowed to act as an agent of Mainland civil cases.

￿￿

Sector or sub-sector

1. Business services

￿￿A. Specialized services

￿￿￿￿Project cost advisory services

Specific commitments

1.Any Macao service supplier is allowed for the establishment of a solely-funded project cost advisory enterprise.

2. The performances of a Macao service supplier in Macao and Mainland can jointly be the basis for the assessment of its application qualification for establishing project cost advisory enterprises within the Mainland.

￿￿

Sector or sub-sector

1. Business services

￿￿F. Other business services

￿￿￿￿Conference and exhibition services (CPC87909)

Specific commitments

Macao service suppliers are allowed to establish solely-funded enterprises, contractual and equity joint ventures within the Mainland for providing exhibition services in Macao and Hong Kong.

￿￿

Sector or sub-sector

2. Telecommunication services

￿￿D. Audiovisual services

￿￿￿￿Services of videotape distribution(CPC83202), and services of audio products distribution

￿￿￿￿Services of cinema

￿￿￿￿Films in Chinese and films as produced cooperatively

￿￿￿￿Cable TV technical services

￿￿￿￿TV plays produced cooperatively

￿￿￿￿Others

Specific commitments

The State Administration of Radio, Film and Television will transfer the power to examine the completed domestic teleplays produced by the entities affiliated to the province, autonomous region or municipality directly under the Central Government and participated in by Macao acting and administrative staff to the provincial administrative department of radio, film and television.

￿￿

Sector or sub-sector

4. Distribution services

￿￿A. Commission agency services (excluding salt and tobacco)

￿￿B. Wholesale services (excluding salt and tobacco)

￿￿C. Retail services (excluding tobacco)

￿￿D. Franchising

Specific commitments

Where a Macao service supplier has set up more than 30 stores in the Mainland accumulatively, and engaged in the business of books, newspapers, magazines, medicine, pesticide, farming film, fertilizer, grain, edible oil, sugar, cotton, etc. that have different trademarks and are provided by different suppliers, the Macao service supplier is allowed to hold a controlling amount of shares and make less than 65% of contributions. ( If the Macao service supplier engages in refined oil, it shall be handled in accordance with the commitments made to WTO members by the Mainland.)

￿￿

Sector or sub-sector

9. Tourism and relevant services

￿￿A. Hotels (including apartments) and restaurants (CPC641-643)

￿￿B. Travel agencies and tour operators (CPC7471)

￿￿C. Others

Specific commitments

A Macao solely-funded or joint venture travel agency in Guangdong Province is allowed to make application for engaging in team travel services for Guangdong residents (residents with the official residence of Guangdong Province) to Macao and Hong Kong.

￿￿

Sector or sub-sector

11. Transport services

￿￿C. Air transport services

￿￿￿￿Airport management services (excluding the loading and unloading of goods) (CPC74610)

￿￿￿￿Other supporting services for air transport (CPC74690)

￿￿￿￿Sales of air services and marketing services

Specific commitments

A Macao aviation sales agent is allowed to set up solely-funded air transport sales agency enterprises in the Mainland subject to the same requirement of registered capital as that for Mainland enterprises.

￿￿

Sector or sub-sector

11. Transport services

￿￿F. Highway transport services

￿￿￿￿Highway transport by truck and automobile (CPC7123)

￿￿￿￿Highway passenger transport (CPC7121,7122)

￿￿￿￿Highway freight transport station (field)

￿￿￿￿Vehicle maintenance

Specific commitments

A Macao service supplier is allowed to set up solely-funded enterprises in the Mainland for conducting the following highway transport services:

Highway freight transport station (field); and Vehicle maintenance

￿￿

Sector or sub-sector

Any sector that hasn￿￿t been listed in the category of service sector(GNS/W/120)

￿￿Individual industrial and commercial household

Specific commitments

A Macao permanent resident with Chinese citizenship is allowed to establish an individual industrial and commercial household in any province, autonomous region, or municipality directly under the Central Government in the Mainland under the relevant laws, regulations and administrative rules, and is not subject to the examination and approval for foreign investment. The relevant business scope covers farming, husbandry, aquaculture, computer repair services, and promotion and exchange of science and technology, but does not cover any franchise operation. The practitioners thereof shall not be more than 8 persons.


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...